HomeMy WebLinkAbout12-18-2003 City Council Agendal z /8 ~~
AGENDA
REGULAR MEETING
SARATOGA CITY COUNCIL
DECEMBER 17, 2003
BLOOMQUIST
CLOSED SESSION- 6:00 P.M. -ADMINISTRATIVE CONFERENCE ROOM,
13777 FRUITVALE AVENUE
ANNOUNCEMENT OF CLOSED SESSION ITEMS
CALL MEETING TO ORDER - 6:0 U Y.M.
ANNOUNCEMENT OF CLOSED SESSION ITEMS
ADJOURNED TO CLOSED SESSION - 6:00 P.M.
Conference with LeQa] Counsel -Threatened Litigation: Significant exposure to
litigation pursuant to Government Code section 54956.9(b): (1 potential case)
Conference with Leual Counsel -Initiation of litigation (Gov't Code section 54956.9(c):
(1 potential case).
Conference With Legal Counsel - Existing Litiuation:
(Government Code section 54956.9(a))
Name of case: City of Saratoga v. Escamilla (Santa Clara County Superior Court
No. I-03-CV-0053)
Conference With Legal Counsel -Existing Litigation:
(Government Code section 54956.9(a))
Doug Adam Jonathan, Debtor U.S. Bankruptcy Court, N. Dist. CA, Bankruptcy
No. 03-57342-JRGl l
REGULAR MEETING - 7:00 P.M. -CIVIC THEATER/COUNCIL CHAMBERS
AT 13777 FRUITVALE 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-AQendized Items
Any member of the public wall be allowed to address the City Council for up to three (3) -
minutes on matters not on this agenda. The law erally prohibits the Council from
discussing or taking action on s~,ty&h iterrrS" o ever, the Council may instruct staff
accordingly regarding Oral Communications under Council Direction to Staff.
Communications from Boards and Commissions
None
Written Communications
None
Oral Communications -Council Direction to Staff
Instruction to Staff regarding actions on current Oral Communications.
ANNOUNCEMENTS
None
CEREMONIAL ITEMS
None
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.
1C. Review of Check Register
Recommended action:
Approve check register.
1 D. Planning Action Minutes -December 10, 2003
Recommended action:
Note and file.
lE. Resolution Confirming Counci] Agency and Commission Liaison Appointments
Recommended action:
Adopt resolution.
1F. Second Reading and Adoption of Tree Regulations
Recommended action:
Adopt ordinance.
1G. 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.
1H. 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.
l I. 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.
1K. Appraisal for Quarry Property (Saratoga-To-The-Sea Trail)
Recommended action:
Authorize staff to retain the services of an appraisal company to perform an
appraisal on the two County owned properties.
1L. Increase in Consulting Contract for Gateway Project/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.
PUBLIC HEARINGS
(Applicants/Appellants and their representatives have a total of ten minutes maximum for
opening statements. Members of the public may comment on any item for up to three
minutes. Applicant/Appellants and their representatives have a total of f ve minutes
maximum for closing statements. Items requested for continuance are subject to
Council's approval at the Council meeting)
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
from the November 5, 2003, City Council Meeting; Open the Public Hearing
continued from the November 5`h 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.
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.
Commission Vacancy Update and Proposed Interview Dates
Recommended action:
Accept report and direct staff accordingly.
AGENCY/COMMISISON ASSIGNMENTS
None
CITY COUNCIL ITEMS
OTHER
CITY MANAGER'S REPORT
ADJOURNMENT
b~ compliance with the Americans with Disabilities Act (ADA), if you need special
,2~c
assistance to participate in this meeiing, please cuntaci the Ciry Cierti ai (4v"c"j 36c-~ v,
or ciclerk@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).
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 Ciry Council of the City of Saratoga was posted on
December 12, 2003 at the office of the Ciry 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 sarato~a.ca.us
Signed this 12`" day of December 2003 at Saratoga, California.
~~U---
Ann Sullivan
Deputy City Clerk
5
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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
2/1 g Meeting Cancelled
3/3 Regular Meeting -Joint Meeting with Heritage Preservation Commission
3/17 Regular Meeting -Joint Meeting with Planning Commission
q/7 Regular Meeting -Joint Meeting with Saratoga Museum Association
4/21 Regular Meeting -Joint Meeting with Parks and Recreation Commission
5/5 Regular Meeting -Joint Meeting with Youth Commission
5/19 Regular Meeting - Hakone Foundation
6/2 Regular Meeting -Joint Meeting with Public Safety Commission
6/16 Regular Meeting -Joint Meeting with Friends of the Saratoga Library
7/7 Regular Meeting -Joint Meeting with Library Commission
7/21 Regular Meeting
g/4 Regular Meeting
g/1 g Summer Recess
9/1 Regular Meeting
9/15 Regular Meeting
10/6 Regular Meeting
10/20 Regular Meeting
11/3 Regular Meeting
11/17 Regular Meeting
12/1 Regular Meeting
12/15 Regular Meeting -Council Reorganization
SARATOGA CITY COUNCIL
MEETING DATE: December 17, 2003
ORIGINATING DEPT• ity Manager's Office
PREPARED BY: ~
Cathleen Boyer, ity Clerk
AGENDA ITEM: /~
CITY MANAGER: ~~
DEPT HEAD:
SUBJECT: City Council Minutes
RECOMMENDED ACTION:
Approve minutes.
REPORT SUMMARY:
Approve minutes as submitted for the following City Council Meeting:
Regular meeting -October 15, 2003
FISCAL IMPACTS:
N/A
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 of litigation (Gov't Code section 54956.9(c):
(2 potential cases).
Tile following people requesied to speak:
Saul Ozveron stated that the conditions of the 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 discazded 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 hazazd.
Jim Cuthbertson informed 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 informed 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 Regulaz City Council meeting to order at 7:00 p.m. and lead the
Pledge of Allegiance.
ROLL CALL
PRESENT: Councilmembers Kathleen King, Norman Kline,
Vice Mayor Ann Waltonsmith, Mayor Nick Streit
ABSENT: Councilmember Stan Bogosian
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 Govenunent 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 permit a
neighbor, Mr. Corson, appealed the decision and won. Ms. Duvall explained that the
tree is causing a hazazdous 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 Clazk referred to the photos he provided to the City Council. Mr. Clazk 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.
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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 permitting
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 1-'/: feet
above were it was permitted to be.
Bill Breck noted that he has been before the Council several times requesting that tree
protection fences be placed azound 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 1 liz feet above of what it was suppose to be. Mr. Mighdoll 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 1-'h 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
aze brought to the Planning Commission aze 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 regazds 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 heaz this issue. City Attorney
Taylor pointed out that in the Tree ordinance it does not provide appeal of this 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.
ANNOUNCEMENTS
Mayor Streit made the following announcements:
The City Council 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
1 A. COMMENDATIONS FOR LIBRARY EXPANSION MEMBERS
STAFF RECOMMENDATION:
Present commendations.
Mayor Streit presented commendations to the following members of the Librazy
Expansion Committee: Marcia Manzo, Ann Cross and Wylis Peck.
1B. 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 Sazatoga High School as
follows: Calvin Wang, Jessica Chang, Karen Ivesl, Jensine Lee, Nolan Marcos and
Esther Chang.
1C. PROCLAMATION -DECLARING THE MONTH OF OCTOBER 2003 AS
"NATIONAL DOMESTIC VIOLENCE AWARENESS MONTH"
STAFF RECOMMENDATION:
Acknowledge proclamation.
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 6`h annual
"Elected and Public Officials Walk to End Domestic Violence".
SPECIAL PRESENTATIONS
2A. WILDLIFE CENTER OF SILICON VALLEY
STAFF RECOMMENDATION:
Presentation by Trudi Burney, President, Board of Directors.
'frudi 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.
WALTONSMITH/KLINE MOVED TO APPROVE CITY COUNCIL
MINUTES OF SEPTEMBER 17, 2003. MOTION PASSED 4-0-1 WTTH
COUNCILMEMBER BOGOSIAN ABSTAINING.
3B. REVIEW OF CHECK REGISTER (CONTINUED FROM 10/01/03)
STAFF RECOMMENDATION:
Approve check register.
WALTONSMITH/KL1NE MOVED TO APPROVE CHECK REGISTER
MOTION PASSED 5-0.
3C. REVIEW OF CHECK REGISTER
STAFF RECOMMENDATION:
Approve check register
WALTONSMITH/KL1NE MOVED TO APPROVE CHECK REGISTER
MOTION PASSED 5-0.
3D. JUNE 30, 2003 FISCAL YEAR END BUDGET MONITORING AND
REPORT & 1sT 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 IsT QUARTER
2003/04
WALTONSMITII/KL.INE MOVED TO ACCEPT REPORT AND ADOPT
RESOLUTION. MOTION PASSED 5-0.
3E. PLANNING ACTION IvHNUTES -OCTOBER &, 2003
STAFF RECOMMENDATION:
Note and file.
WALTONSMITH/KLINE 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
WALTONSMITH/KLINEMQVED 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 Sullivan explained the amendments as follows:
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.
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
of the current regulations and 15-SC. i20 of the proposed regulations.
Councilmember Bogosian asked why the City's azborist has not appeared at any of
the discussions regazding the proposed Tree Ordinance.
Director Sullivan responded that the City's azborist has not been requested to do
so.
In regazds to civil penalties for trees that die due to trimming, Councilmember
King asked if penalties aze applied if trees aze damaged as a result from too much
pruning.
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 allows the
court to impose civil penalties in the amount the court deems. The ordinance is
modeled aRer the Town of L,os 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 cleanup 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 aze 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 infringes on property owner rights. Mr. Becker noted that the
Brookview residents do not support the ordinance.
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 yeazs. Ms. Price stated that if
anything happened to those trees she could not afford to replace them.
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 neaz 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 alot of branches that hang over his property. Mr. Saadat noted that he
couldn't prune them according to this ordinance.
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 yeazs. 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 agees with Dr. Wood
that 10 feet is too close to plant near a property line.
Jill Hunter urged the Council to adopt the ordinance.
Mike Gazakani noted that he was on the Planning Commission subcommittee that
worked on the ordinance. Mr. Gazakani noted that he doesn't support parts of the
ordinance. Mr. Gazakani noted that he feels the Council should address the
pruning and removing portion of the ordinance again.
Mayor Streit closed the public hearing.
Councilmember Bogosian stated that although most of the proposed ordinance is
great he concurred with Planning Commissioner Gazakani stated that the ordinance
does need more work. Councilmember Bogosian noted that he would like to heaz
from the City's Arborist.
Councilmember Kline noted the proposed document is good but he has some
concerns with parts of it. Councihnember Kline stated that he feels there hasn't
been enough public input. Councilmember Kline noted that he is in favor of
forming another AdHoc Committee to perfect tnis document.
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 Beat. Mayor Streit stated that
he supports another AdHoc Committee adding members of the community.
Councilmember Bogosian thanked the residents for taking the time to attend
tonight's meeting. Councilmember 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. DEANZA/UPRR/PG&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
DeAnza/iJPRR/PG&E Easement Trail. Analyst Bloomquist noted that recent
conversations with the Valley Transportation Authority (VTA) staff has confirmed
that the VTA has allocated funding for Sazatoga if the City is willing to negotiate
with PG&E for the usage of their easement from Saratoga-Sunnyvale Road to
Sazatoga Avenue for trail development. As requested by the VTA, the City
became the lead agency for this project when the City of Cupertino pulled out as
lead agency.
Analyst Bloomquist noted that the VTA 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 of 20%
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:
i) Environmental worx done by September 2004
2) Start of construction by September 2007
Analyst Bloomquist pointed out that if the Council chooses not to pursue this
project, the funding will revert back to the BEP and applied to other Tier 1 bicycle
projects.
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 VTA was available if Council had any questions.
Councilmember Bogosian asked if the $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 Sazatoga.
Councilmember King asked what would happen to the property if it were not a
trail.
Analyst Bloomquist explained that the property is zoned Z1-10, 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 Sazatoga 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.
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 harm and have not lowered property values.
Gosia Hoot noted that she supports the proposed trail
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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.
Anne Sanquini noted that she supports the proposed trail. Ms. Sanquini 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
family 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.
Mazk Escobar noted that his concern was the cost of the trail, which he think is too
high. Mr. Escobaz noted that he currently uses the trail along with hundreds of
other people as is.
Isabel Gloege noted that he City should jump at the opportunity to tum 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 azea should be cleaned up. Ms. Guen•a 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 forwazd 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 of trail trails nor do they increase crime.
Marjorie Ottenberg noted that she has lived in Sazatoga for forty yeazs and has bee
using the trail for the past 15 yeazs. Ms. Ottenberg noted that she supports the
proposed trail.
11
Jim Stallman noted that he was the City's representative on the Bicycle Advisory
Commission of Santa Claza County. Mr. Stallman urged the Council to move
forwazd 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 aze 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 adjacent 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 Council 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 project.
Cheriel Jensen noted that she supports the proposed trail.
Dennis Dumont noted that he supports the proposed trail.
Jeannee Carter noted that her property backs up against the trail. Ms. Carter noted
that she was concerned about privacy and public safety. Ms. Cazter 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 of the 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
cazefully 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. Winningham 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 Boazd has approved the Tier 1 funding and if the
City should choose to change the scoop of the project 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 qualify of life in
Saratoga. Councilmember Bogosian pointed out that Saratoga is one of the safest
cities in the Bay Area. In regazds 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 azea needs to be maintained as open space but not
designated a formal trail.
Mayor Streit stated that this issue has been before the Council several times over
the past couple of yeazs. Mayor Streit noted that he feels that the process needs to
be continued to address concems such as security, police, fire, privacy, and
lighting concems. Mayor Streit stated that the process should be similaz 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 chazacter of the 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
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
from prior City Council Meetings; Review Projects in the adopted CIP and amend
their funding levels if desired; Consider candidate CIP Projects as listed in the
report for inclusion in the 2003-2004 C1P; 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 from the upcoming October
28th Community Meeting.
TITLE OF RESOLUTION: 03-066
RESOLUTION AMENDING 2001-2006 CIP BUDGET
Director Cherbone explained the C1P 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
• Enviromnenta] 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 from 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
C1P pointing out that there are 46 projects, 32 projects have full or partial funding
and 14 projects aze not funded. The total amount in the adopted CIP is
$17,942,582. There are three main categories of funding 1) City Funds, 2) Chant
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 CII' projects for City Council
consideration stating that there were 16 new C1P 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 Facade Matching Fund
• Foothill School Joint Improvements (Amphitheater)
Foothill School Joint Improvements (Field Improvements)
• Blaney Plaza Improvements -Construction Phase
• Fire Alarm 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:
Vote
ro~ect
Village Facade Matching Fund
Foothill School Jomt Improvements
Foothill School Joint Improvements (Field
Blaney Plaza Irn rovements -Construction
Fire Alarm S stem for Historical Park
Museum tin rovements
R air Work to Trail Segment #3 (Tank
Sobey Road/Qurto Road Traffic Light
_ . ,. _ . ___..., v,.~A
4-1 Bogosian opposed
5-0 Supporting amph
5-0 AYSO committed to
5-0
5-0
5-0 remove from CIP list
5-0
5-0
5-0
15
Norton Road Fire Access Road 5-0
Aloha Street Safet Im rovements 5-0
Civic Center Seat Refurbish Pro'ect 5-0 Move to 2007-12 CII'
North Campus Improvements (Fellowship
Hall) 5-0
S rin Hill Court Park Im rovements 5-0 Move to 2007-12 CIP
Odd Fellow Trail Develo ment 5-0 Su ort only desi
San Mazcos en S ace Trail 5-0
New Cit Monument Si 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 Pazk Improvements
• Median Repairs (Landscape and Irrigar;nn)
Howard Miller noted that he was an Assistant Regional Commissioner for AYSO
Mr. Miller noted that AYSO has 1200 players in which approximately 1,100 aze
Sazatoga residents. Mr. Miller noted that there azen'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.
Mazk Escobar noted that he has lived in Saratoga for 38 yeazs. 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 aze 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. Fanner pointed out that
many property owners in Saratoga have the "not in my backyard" attitude. Mr.
Fanner 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 yeazs 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 Sazatoga.
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 pazks like Congress Springs
Park.
16
Eric Leonazd noted that he grew up in Saratoga. Mr. Leonard noted that he has
three daughters that participate in organized sports. Mr. Leonazd 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 Pazk.
Manny Cappello noted that he is a Commissioner for AYSO. Mr. Cappello stated
that this yeaz AYSO 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 Sazatoga. 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 azen't enough fields in Saratoga and urged the
Council to seek more space.
WALTONSMITH/Ki.INE MOVED TO ADOPT RESOLUTION AMENDING
THE 2001-06 CIP BUDGET. MOTION PASSED 5-0.
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
Danielle Surdin, Administrative Analyst, presented staff report.
Analyst Surdin stated that a draft Interim Ordinance prohibiting the establishment
of new Personal Services Businesses in the Village has been prepazed for Council
approval. This ordinance would baz new Personal Service Businesses from
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) yeazs.
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 reseazch and
develop recommendations for Council to consider for potentially regulating
Personal Service Businesses in the Village (CH-1/CH-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 of the 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 Waltonsmith noted that she would the interim ordinance.
KING/WALTONSMITH 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 staff report.
Assistant City Manager Tinfow stated that at the October 1, 2003, meeting, staff
presented up-to-date cost information related to participating with the SVACA
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 SVACA 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 Sazatoga's
animals?
2) Is San Jose willing to discuss an arrangement to handle Sazatoga'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 regazding 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 SVACA.
Consensus of the City Council to direct staff to move forwazd in seeking a cost
proposal and specific services from the City of San Jose.
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 (SVACA) Board, the City of
Cupertino explained that their Council did not approve the Second Restated and
Amended Joint Exercise of Powers Agreement Creating SVACA because of
budget concerns.
Assistant City Manager Tinfow explained that specifically they remain concerned
about the potential for the JPA to force Member Agencies to contribute to shelter
construction activities against their will. Cupertino expressed the same concern
last yeaz and a provision that provided protection against JPA taking unilateral
action was added in Apri12003. 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 JPA agreement cannot go into
effect, the SVACA Board approved the attached amendment. With the
amendment, each City retains control over total dollar committed to SVACA.
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 Village continues to struggle to retazn
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
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 /or 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 and/or any criteria
to determine who should participate
• Set goals and a timeline for the committee
• Clazify 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 azchitect 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 Safety Commission - at the last meeting the PSC received input from 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
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
21
SARATOGA CITY COUNCIL
MEETING DATE: December 17, 2003 AGENDA ITEM:
ORIGINATING DEPT: City Manager's Office
PREPARED BY: ~ ~~
CITY MANAGER:
DEPT HEAD:
~~~
Ann Sullivan, Deputy City Clerk
SUBJECT: City Council Minutes
RECOMMENDED ACTION(S):
Approve minutes.
REPORT SUMMARY:
Approve minutes as submitted for the following City Council Meeting:
Regular meeting -November 5, 2003.
FISCAL IMPACTS:
N/A
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S):
N/A
ALTERNATIVE ACTION(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
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.
Tvlayor Streit called the Regular City Council r.,eeting tc order at 7:C0 p.rn. 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
ALSO PRESENT: Dave Anderson, City Manager
Lorie Tinfow, Assistant City Manager
Richard Taylor, City Attorney
Ann Sullivan, Deputy City Clerk
Tom Sullivan, Community Development Director
Christy Oosterhous, Associate Plamier
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.
COMMUNICATIONS FROM COMMISSIONS & PUBLIC
ORAL COMMUNICATIONS
The following people requested to speak at tonight's meeting:
Bill Witmer gave a brief history of the DeAnza/PG&E Trail starting with a Feasibility
Study that was done in 2001. Mr. Witmer presented the Council with a petition of 168
S1gtlatUreS ObJeCthlg 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 Trai] 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 of the Trail. The money should
be used where it is needed and not foolishly spent.
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 dollars 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
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 19`h. He also asked that the Comer Debris Dam
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 of the people most affected by the Trail
didn't get notified for some reason and wanted to know what happened.
Clty Manager Dave Anderson stated staff had sent out a postcard to all 10,000 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 post cazd with a
City logo on it as well as sending a special notice to the neighbors affected by the
development of the Trail. He then asked what the notification distance would be - 500
feet, a thousand?
Mayor Streit noted it would be the standazd 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 regazding mailing deadline.
ANNOUNCEMENTS
None
CEREMONIAL ITEMS
lA. 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.
WALTONSMITH/KLINE MOVED TO APPROVE CHECK REGISTER.
MOTION PASSED 5-0
2B. PLANNING ACTION MINUTES -OCTOBER 8, 2003
STAFF RECOMMENDATION:
Note and file.
WALTONSMITH/KLINE 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
WALTONSMITH/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
WALTONSMITH/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 Ing and Associates; authorize
City Manager to execute amended contract.
WALTONSMITH/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 PRGTEC"PION FENCING AT 124480 GAK 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; it has collapsed and never went out to drip line 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 of the protection fences. Director Tom Sullivan explained staff report was
based on site visits from 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.
WALTONSMITHBOGOSIANMQVED 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.
WALTONSMITH/KING MOVED TO ACCEPT NOTICE OF
COMP~_ MOTION PASSED 5-0
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 from the Consent
Calendar. His concern was that Saratoga's land-use authority may become
infringed upon by some type of Board and affect Saratoga's ability to get grants.
Chris Augustine, Santa Clara Valley Transportation Authority representative,
responded to Councihnemember 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 staled there are i'tu'ee new grail rand programs attached
to this program and proceeded to explain what they were.
KING/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 permit 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 cell site aspect, cellular
towers or communications; it was the location of this site - neaz Congress Springs
Park and the proposal to install 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 tc 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 wall. 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 will match the appearance of the already existing utility
tower.
Rich Hildebrand, AT & T Wireless representative, addressed the Council
confinning Mayor Streits comments that AT & T will be matching the existing
building at the site.
Cheriel Jensen noted she lives on Quito Road neaz 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 neaz
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
installations 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 faz less than the City had expected. He commended Christy Oosterhous
for working with AT & T to assure the landscaping would be more substantial.
WALTONSMITII/KLINE MOVED TO ADOP n~RE n~ rT 7 ON
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 C1P and
amend their funding levels if desired; Open the Public Hearing for the F.Y. 03/04
CIl' 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 from 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 of the second stage of
the CIP process is to open the Public Hearing to allow for public input on the CIP
and IOr C;lty l,0UI1C11 CU eslabilsii tlllldnlg ieVe15 for the new i,ll prOl cct. D1IeClOr
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 15`h 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.
WALTONSMITH/BOGOSIAN MOVED TO ADOPT RESOLUTION
AMENDING THE 2001-2006 MULTIPLE YEAR CAPITAL
IMPROVEMENT PROJECT (CIPI BUDGET
MOTION PASSED 5-0
Director Cherbone noted that this would be a good time to make any additional
changes to the CIP Projects 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.
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 SVACA Project. He stated that $710,000 is budgeted. Current
options require a contribution of $300,000. Mayor Streit recommended that
Council reduce funding from $710,000 down to $300,000, and free up $410,000
for additional C1P projects.
Councilmember Kline agreed.
Councilmember Bogosian noted in regards to ti7e SVACA project -the $71C,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.
Tn the interim the SVACA Board has opted for a financing arrangement.
Financing would free up the amount of money the Mayor is talking about and
allows the City the flexibility of participating with SVACA, 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.
fr m $710,000 0 $300,000 and add $ 10 OOOltoototal un-allocated undsing in CIP
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 15~h which created an un-
obligated CIP Fund balance of $555,133 in addition to the $23,292 in unspent
funds from completed CIP projects that were made available when Council
approved the adoption of the Resolution at tonight's meeting; plus $49,710 made
available from C1P Projects originally in the operating budget that were over
funded when they were transferred to the CIP. hl 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 of the 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.
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 staff report 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 Development/Engineering
@$1%,600
o Civic Center HVAC 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
DevelopmenUEngineering 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 specifically 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 maybe the cause of the smell He aiso 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 information on to Joan
Pisani, Director of Recreation/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 Fagade 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 Alarm System for Historical Park Buildings @ $7,425
o Repair Work to Trail Segment #3 ("Tank Trail") @ $16,500
o Sobey Road/Quito Road Traffic Improvements @ $150,000
o Norton Road Fire Access Road @ $110,000
o Aloha Street Safety hmprovements @ $49,500
o North Campus Improvements (Fellowship Hall) @ $151,800
o Odd Fellows Trail Development @ $60,500
11
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/hrigation) @ $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 th'e CIP for
projects that come up.
Mayor Streit noted that a project has to be listed in order for it to go to the
Planning Commission and the Environmental hnpact 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 projects 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 planning resources.
Councilmember King brought up the Foothill Fields item and that they maybe a
way to work that funding through AYSO.
Director Cherbone noted that if Council wanted to place that project into the
purview of AYSO sports-user group they could do that. AYSO, 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 project in a different manner.
Afrer continued discussion, it was agreed by Council to remove the first three
project items from the new and adopted unfunded CIl' 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 Tenor" 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.
Isabelle Styslinger addressed the Council regarding the crosswalk at Highway 9
and Oak Street and asked the Council to provide apedestrian-activated light at the
crosswalk.
Councilmember King asked Ms. Stysiinger if a crossing guard wouid work at this
crosswalk, as there is funding available far 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 apedestrian-activated light at this crosswalk.
He also noted that if there 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 apedestrian-activated light
at the Highway 9/Oak Street crosswalk.
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 Farmer 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 of the development of Kevin Moran Park and
soccer fields.
Steve Young spoke in favor of the development of Kevin Moran Park and
additional soccer fields.
Anthony Hoffman spoke regarding the development of Kevin Moran Park and the
traffic and safety issues in that area. Whatever development takes place,
uppermost consideration should be the safety of the people using the park.
Cheriel Jensen addressed the Council regarding underground power lines in the
13
community and asked Council to consider CIP funding for this purpose.
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.
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 AYSO 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 AYSO 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.
Discussion took place regarding the suggestion to budget for underground power
lines.
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 HVAC 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 budgeC.
WALTONSMITH/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.
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 of 24 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.
Councilmember Bogosian referred to page 22 of 24 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.
WALTONSMITH/BOGOSIANMQVED 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 staff to place ordinance on consent calendar for second reading.
Tom Sullivan, Community 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 conform to state law and recent court
decisions.
Mayor Streit opened the public hearing.
Mayor Streit closed the public hearing.
BOGOSIAN/WALTONSMITH MOVED TO WAIVE FIRST READING AND
TO BE PLACED ON CONSENT CALENDAR FOR VOTE. MOTION
PASSED 5-0
16
OLD BUSINESS
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 formation 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 term "Adhoc Committee" means.
The Adhoc Committee consists oT 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 Sheriffl s 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 concurred with Councilmember Bogosian in one aspect -traffic
issues. He noted that some schools in some of the districts worked very well with
the City in alleviating 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 collectively and to open the lines of communication between
those districts that are not working well with the City to alleviate 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 determine 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 staff to remove the Historical Museum
hnprovement project from the list of candidate CII' projects. This occurred
because of the desire to move forward with the project independently of the C1P
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 from 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"/o funding so they wouldn't come up
short.
Consensus of the City Council to appropriate $5,500 from 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
Administration/Planningbulldings 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 if the 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 B_ USINESS
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 Adult 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.
11. 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 from the Council. Scheduling of the
CounciUCornrnission 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/Staff Retreat.
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
information.
Vice Mayor Waltonsmith reported the following information:
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 nom 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 governing 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 Norman Kline reported:
JPA Library -Thanked Cowrcilmember Bogosian for attending the meeting in his place.
He reported the JPA Board considered bond measure terms and approved going forward
with a 7-year term at $42/parcel (up from $33/parcel). Councilmember Kline then asked
Councilmember Bogosian if he 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 fora 10-year plan. A
vote was taken on a 7-year plan at $42.00 a parcel assessment.
Councilmember Stan Bogosian reported:
20
EmerQency 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 from SVACA.
West Valley Sanitation District -they are commencing a rehab in the Village of Saratoga
and also a rehab commencing on Santa Cruz Avenue 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. Norn~an Kline volunteered to attend.
CITY COUNCIL ITEMS
Vice Mayor Waltonsmith:
Referred to the devastating fires in southern California -all the information we
talked about, how trees bum, firestorm; requests the City co-sponsor a social
reform 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 from the City of Saratoga would add strength to their
mission. Waltonsmith 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 any one 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 19"' meeting; but they would be ready for the
first meeting in December, which would be Wednesday, December 3, 2003.
21
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SARATOGA CITY COUNCIL
MEETING DATE: December 17, 2003 AGENDA ITEM:
ORIGINATING DEPT: Administrative Services CITY MANAGER: ~~~
PREPARED BY: Jaye Tkacl~ T DEPT HEA f-~'
v~
SUBJECT: Check Register: 11/25/03
RECOMMENDED ACTION(Sl:
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.
nd Name Date Manual vaia
11/25/2003 Checks 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
2g0 Recreation 10,914.31
291 Teen Services 491.98
2g2 Facility Ops 2,095.00
2g3 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 N
740 PD #3
800 Deposit Agency
.. ._. _._. 498.852.31 350.00
PAYROLL CHECKS: B29509-29535
TOTAL
Date:
Prepared by:
T~G~-~- 1a-8-a3
Apr-99
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SARATOGA CITY COUNCIL
MEETING DATE: December 17, 2003
DEPT: Community Development
PREPARED BY: Kristin Borel
AGENDA ITEM:
CITY MANAGER: ~ ~^'~`'~
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: Wednesday, December 10, 2003 - 7:00 p.m.
PLACE: Council Chambers/Civic Theater, 13777 Ftuirvale Avenue, Saratoga, CA
TYPE: Regular Meeting
RoLLCALL: Commissioners Cynthia Barry, Mohammad Garakani, Susie Nagpal, Michael Schallop, Mike Uhl,
Ruchi Zutshi and Chair Jill Hunter
ABSENT: Commissioner Uhl
STAFF: Planners Oosterhous &t Vasudevan, Director Sullivan and Minutes Clerk Shinn
PLEDGE OF ALLEGIANCE
MINUTES: Draft Minutes from Regular Planning Cotmmssion Meeting of November 12, 2003. (APPROVED
6.0)
ORAL COMMUNICATIONS -Any member of the Public will be allowed to address the Planning Commission for up to three minutes on
matters not on this agenda The law generally prohibits the Planning Commission from discussing or taking action on such items.
However, the Planning Commission may instruct staff accordingly regarding Oral Communications under Planning Commission
direction to Staff
REPORT OF POSTING AGENDA
Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on December 4, 2
REPORT OF APPEAL RIGHTS
If you wish to appeal any decision on this Agenda, you may fffe an "Appeal Application' with the City Cler
within fifteen (15) calendar days of the date of the decision, pursuant to Municipal Code 15-90.050 (b).
In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this meeting, please
to mahetreasot able ahrangeme~ $6to ensure accessib liryrtoathu meeting ( 81 CFR 35.8102-35. 04 ADA Ti le II)ng will enable the Ciry
CONSENT CALENDAR
1.
CAPITOL IMPROVEMENT PROGRAM Fst 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
order Po be includeld in the PlanningaComm'ssnon's infor~mattion packetsprwritt n commuun cationtshould
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 atwo-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-1-40,000. The existing residence is to be demolished. (LATA
VASUDEVAN) (APPROVED 6-0)
3. APPLICATION #03-167 (517-22-11) YANG, 20100 Bonnie Brae Lane: The applicant
requests design review approval to construct aone-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. Ma*.erials and rnlnre include a. beige .stucco exterior with orange clay
rile roof. The gross lot size is 82,500 square feet. The property is zoned R-1 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 8t 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 #O1-011
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 [o receive the Agenda's via e-mail, please send your e-mail address to plannin @saratoga.ca.us
SARATOGA CITY COUNCIL
MEETING DATE: December 17, 2003
ORIGINATING DEPT: City Manager
AGENDA ITEM: /
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
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 from 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.
THEREFORE, BE IT RESOLVED that after due consideration of the interest of the
NOW
,
aniz
i ations to which the City Coun cil sends
ous org
City Council and the needs of the var
sentatives agree hereby appointed to the co
i mmittees,
ng repre
representatives, the follow
and agencies named, through December 2004, or until replaced.
issions
,
comm
Councilmember Alternate
Agency
Association of Ba Area Government Kline Bo osian
Kin
Chamber of Commerce Kline
Kline
Count Cities Association Le .Task Force Kin Kin
County HCD Polic Committee Bo osian
Streit
Emer enc Plannin Council Bo osian
Waltonsmith Kin
Hakone Foundation Liaison Streit
KSAR Communit Access TV Board Bo osian Bo osian
Libra Joint Powers Association Kline
Waltonsmith
Northern Central Flood Control Zone Bo osian
g
Adviso Board
Kline Waltonsmith
Peninsula Division, League of California
Cities
Santa Clara County Valley Water
Streit Kline
Commission
Waltonsmith Kin
Santa Clara County Cities Association Streit
Sarato a Historical Foundation Waltonsmith Waltonsmith
Kin
SASCC Liaison Waltonsmith Streit
Sister City Liaison Streit Waltonsmith
West Valley Solid Waste Joint Powers
Association
Kin Kline
Valley Trans ortation Authorit PAC Kline
West Valley Sanitation District Streit Kline
Silicon Valley Animal Control JPA Streit
ICrng
West Valley Mayors & Managers Monthly Waltonsmith
Meetin Kline
SBDC (Unofficial) Kin Waltonsmith
Arts Commission
Finance Commission Waltonsmith Kin
Herita e Preservation Commission Bo osian Kline
Libr Commission Kline Bo osian
Parks and Recreation Commission Kin Streit
Plannin Commission Kline Kin
Public Safet Commission Streit Waltonsmith
Youth Commission Streit Kline
Cit /School Ad-Hoc Committee Kin Streit
Council Policies Ad-Hoc Committee Kline Bo osian
LAFCO Ad-Hoc Committee Kline Waltonsmith
Mt. Wine Ad-Hoc Committee Kline Kin
Norton Road Ad-Hoc Committee Bo osian Kin
VTA Restroom Ad-Hoc Committee Waltonsmith Kline
Village Ad-Hoc Committee Kline King
West Valle Colle e Ad-Hoc Committee Waltonsmith Streit
Vision for Sarato a AdHoc Streit Kin
Boundary Drop Oversight Committee Streit 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 17"' day of December, 2003, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN
Ann Waltonsmith, Mayor
ATTEST:
Cathleen Boyer, City Clerk
AGENCY AND By COUNC MEMBER SSIGNMENTS
BOGOSIAN
Emergency P1amling Council
KSAR
No Central Flood Control Zone Board
County HCD Committee
Heritage Preservation Commission
KIN G
County Cities Assoc Leg Task Force
Hakone
SASCC
VTA
Arts Commtssron
Parks and Rec Commission
KLINE
ABAG
Chamber
Library JPA
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
ORIGINATING DEPT: Community Development
PREPARED BY: Thomas Sullivan
AGENDAITEM:~
CITY MANAGER ~~/~
DEPT HEAD: /
SUBJECT: SECOND READING AND ADOPTION OF TREE REGULATIONS
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 summary, 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
(Apri12000 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
Society of Arborist (ISA) standards, Diameter at Breast Height (DBH) which is four and
one-half feet 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-inches from 10-inches.
• Other trees will be protected at a diameter size of 10-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 amuch-expanded set of definitions. The
current ordinance has four definitions, while the revised ordinance has 22.
• Greater detail is provided regarding minimum information to be provided on a site plan.
• It establishes a NOTICE requirement for Tree Removal permit application.
• The revised regulations would provide that any pruning of a tree's crown that is greater
than 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 Arborist.
• The revised ordinance provides the authority to require arborist reports for development
projects.
• The revised ordinance requires the submittal of a complete Tree Preservation Plan for
development projects.
• The ordinance calls for the establishment of a Tree Fund, separate and distinct 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 Arborist 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 dripline 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 (Ater 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 Adhoc Committee to address other issues related to the development of the Tree
Regulation Ordinance.
2 of 3
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:
1. Draft Tree Regulation Ordinance
3 of 3
ORDINANCE
AN ORDINANCE AMENDING SECTIONS 15-05.020,15-45.070,15-45.080,15-
46.030,15-46.040, AND ARTICLE 15-50 OF ZONING REGULATIONS OF THE
CITY OF SARATOGA RELATING TO TREE REGULATIONS AND ADOPTING BY
REFERENCE THE INTERNATIONAL SOCIETY OF ARBORICULTURE
CONTAINED IN THE GUIDE FOR PLOANTAAPPRA SAL (APRILI 000 EDITI ON)
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 C0.3.0, "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 of the hearing; stating that copies of the
ISA Standards being adopted are on file with the City Clerk and open to
public inspection; and describing the purpose and subject matter of the
ordinance 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 by reference in the Ordinance.
(6) At least one copy of the ISA Standards adopted by reference will be
kept in the Office of the City Clerk for nublic 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 of the City Clerk, at a cost not to
exceed the actual cost of them to the City.
Section 2. Adoption.
Section 15-05.020 of the Saratoga Ciry 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 perTnitted by the General Plan.
(1) To exclude new industrial development in order to preserve the essential residential
character of the City.
(m) To preserve the natural beauty of the City.
(n) To ensure that uses and structures enhance their sites and harmonize with
improvements in the surrounding area.
(o) To protect and enhance real property values within the City.
(p) To protect and preserve heritage, native, 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 (DBH as defined
in Section 15-50.020(g)), canopy driplines, and locations of all heritage trees (as defined
in Section 15-50.020(1), trees measuring at least ten (10) inches DBH, and all native trees
measuring at least six (6) inches DBH 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 aerial
photograph of the site if requested by the Community Development Director.
(5) Engineered grading and drainage plans, including cross sections if the structure is to
be constructed on a hillside lot.
(6) Floor plans that indicate total gross floor area, determined in accordance with
Section 15-06.280 of this Chapter.
(7) Roof plans.
(8) Landscape and irrigation plans for the site, showing the location of existing trees
proposed to be retained on the site, the location of any proposed replacement trees, the
location and design of landscaped areas, types and quantities of landscape materials and
irrigation 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 proPerttyy and
any easements, encumbrances and restrictions, which benefit or burden the ro er
(11) Such additional exhibits or information as may be required by the Community
Development Director. All exhibits shall be drawn to scale, dated and signed by the
person preparing the exhibit. Copies of all plans to be submitted shall consist of two sets
drawn on sheets eighteen inches by twenty-eight inches in size and fifteen reduced sets
on sheets eleven inches by seventeen inches in size.
(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 Ciry 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) community view sheds will avoid unreasonable
interference with views and privacy.
(b) Preserve natural landscape. The natural landscape will be preserved insofar as
practicable by designing structures to follow the natural contours of the site and
minimizing tree and soil removal; grade changes will be minimized and will be in
keeping with the general appearance of neighboring developed areas and undeveloped
areas.
(c) Preserve 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
conform to each of the applicable design policies and techniques set forth in the
Residential Design Handbook and as required by Section 15-45.055.
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 all structures and improvements including, where
appropriate, driveways, pedestrian walks, parking and loading areas, landscaped
areas, fences and walls, and the species, t^,:nk diameter breast hP1ght {DBH as
defined in Section 15-50.020(g)), canopy driplines, and locations of all heritage
trees (as defined in Section 15-50.020(1)), trees measuring at least ten (10) inches
DBH, and all native trees measuring at least six (6) inches DBH on the property
and within 150 feet of the property. The site plan shall indicate the locations of
entrances and exits and the direction of traffic flow into and out of parking and
loading areas, the location and dimension of each parking and loading space, and
areas for turning and maneuvering vehicles.
(2) Architectural drawings or sketches showing all elevations of the proposed structures
as they will appear upon completion. All exterior surfacing materials and their colors
shall be specified, and the size, location, material, colors and illumination of all signs
shall be indicated.
(3) A landscape and irrigation plan for the site, showing the locations of existing trees
proposed to be retained on the site, the location 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 imgation 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) Where more than one building or structure will be constructed, the architectural
features and landscaping thereof shall be harmonious. Such features include height,
elevations, roofs, material, color and appurtenances.
(b) Where more than one sign will be erected or displayed on the site, the signs shall
have a common or compatible design and locational positions and shall be harmonious in
appearance.
(c) Landscaping shall integrate and accommodate existing trees and vegetation to be
preserved; it shall make use of water-conserving plants, materials and irrigation systems
to the maximum extent feasible; and, to the 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 shingles, wood shakes, tile, or other materials such
as composition as approved by the Planning Commission. No mechanical equipment
shall be located upon a roof unless it is appropriately screened.
(f) The proposed development shall be compatible in terms of height, bulk and design
with other structures in the immediate area.
Article 15-50 is amended to read:
Article 15-50 TREE REGULATIONS
15-50.010 Findings; purposes of Article.
15-50.020 Definitions.
15-50.030 Application of Article.
15-50.040 Street trees.
15-50.050 Removal of certain trees without permit.
15-50.060 Exceptions.
15-50.070 Application for permit.
15-50.080 Determination on permit.
15-50.090 Development or improvement projects
6
15-50.100 Appeals
15-50.110 No liabffity upon City
15-50.120 Setback of new construction from existing trees.
15-50.130 Arborist Report
15-50.140 Tree Preservation Plan
15-5-.150 Tree Fund
L-50150 F!1fOTCemenY
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 Ciry Councff 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
(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 aborist 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 req~wires, the term also describes the area inside the drin 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 ~/2) feet above the ground while standing on the high
side of the tree. The diameter maybe 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 1/~) 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
(1) "Heritage tree" means any tree of historic significance as a tree having historic value
related to the heritage of the City and designated by action of the City Council upon
recommendation of the Heritage Preservation Commission.
(m) "ISA Standards" means the 2001 Edition of the pruning standards and the Tree
Valuation Formula contained in the April 2000 Guide for Plant Appraisal published by
the International Society of Arboriculture.
8
(n) "Native tree" means Coast Live Oak (Quercus agrifolia), Valley Oak
(Quercus lobata), Tan Oak (Lithocarpus 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).
(o) "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 the first removal or transplanting of such trees pursuant to and as part of the
operation of a licensed nursery business.
(p) "Project site" means the site of the proposed tree removal, pruning, or encroachment
affecting a protected tree.
(~ "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 destruction of a tree or
causing the death of a tree through damaging, pruning, encroaching or other direct or
indirect action on the canopy or root zone.
(t) "Root zone" means a specifically defined area commencing at the trunk and moving
outward to form an irregularly shaped circle that follows the contour of the tree canopy
and extending beyond the 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 watering.
(v) "Street tree" means any tree within the Public Street or right-of-way.
(w) "Shrub" means a bushy, woody plant, usually with several permanent stems, and
usually not over fifteen feet high at maturity. The Community Development Director,
after consultation with the City Arborist may determine whether any specific woody
plant shall be considered a tree or a shrub.
(x) "Structural Pruning" means pruning to maintain the size of lateral branches to
less than three-fourths the diameter of the parent branch or trunk.
(y) "Tree" means a woody perennial plant characterized by having a main stem or trunk,
or amulti-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 aCiry-held monetary account accounted for separately from other
Ciry funds. The express functions of the Tree fund are: (1) To receive and hold any fines,
penalty assessments civil penalties, bonds or other remedial funds or sources of funds for
violations of Artic1e15-50 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 detaffed plan containing all protecnve measures
to be implemented before, during, and, after any encroachment or other activity affecting
9
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, unless such maintenance
responsibility has been assumed by a property owner or other person under a landscape
maintenance agreement with the Ciry. In all other areas of the City, the Ciry shall not
conduct but shall control the planting, maintenance and removal of street trees and
shrubs which might affect the public right-of-way; the owner or occupant of such
property shall be responsible for the maintenance of street trees on the property and in
the public right-of-way abutting the property.
15-50.050 Removal of certain trees without permit.
Except as otherwise provided in Section 15-50.060, it is unlawful for any person to
remove, damage, prune, or encroach upon, or cause to be removed, damaged, pruned, or
encroached upon any protected tree, located on any private or public property in the
City without first having obtained a tree removal, pruning or encroachment permit
issued pursuant to this Article and authorizing the proposed action. A protected tree
shall consist of any of the following:
(a) Any native tree having a DBH of six (6) inches or greater
(b) Any other tree having a DBH of ten (10) inches or greater.
(c) Any street tree, as defined in Section 15-50.020(v), regardless of size.
(d) Any heritage tree, as defined in Subsection 15-50.020(1) regardless of size.
(e) Any tree required to be planted or retained as a condition of any approval granted
under this Chapter or Chapter 14 of this Code.
(f) Any tree required to be planted as a replacement, as provided 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 Chanter 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.
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 (10) 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.
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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 wog?1_d have upon shade, privacy impact. scenic beauty, property values, erosion
control, and the general welfare of residents in the area.
(5) The age and number of healthy trees the property is able to support according to
good forestry practices.
(6) Whether or not there are any alternatives that would allow for retaining or not
encroaching on the protected 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 information 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 permit is issued or before approval of a project involving the removal of,
pruning of or encroachment upon one or more protected trees is granted. City Arborist
review shall also be at the sole expense of the applicant.
(c) Decision by Director. The Community Development Director shall render his or her
decision within thirty days (30) after the filing of the application for a permit. The
Director may grant or deny the application or grant the same with conditions, including,
but not limited to, (1) the condition that one or more replacement trees be planted of a
species and size and at locations as designated by the Director, (2) relocation of existing
tree desired to be removed, and/or (3) payment of a fee or the posting of a bond or
security deposit in favor of the Ciry 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 term maintenance of the affected or
12
replacement trees. Security deposits or maintenance bonds required for protected trees
or replacement trees in public or private development may, in the reasonable discretion
of the Community Development Director, be refunded upon a determination that the
project is in compliance with the Ciry 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
(al Subdivision approval. When any application is made pursuant to Chapter 14 and
that proposal would involve removal of, pruning of, or encroachment upon a protected
tree, the Ciry 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 decision 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 decision 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
Nothing in this Article shall be deemed to impose any liability upon the City or upon any
of its officers or employees, nor to relieve the owner or occupant of any private property
from the duty to keep in safe condition any trees and shrubs upon his property or upon a
public right-of-way over his property.
15-50.120 Setback of new construction from existing trees.
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 discretionary development
approval that would require the removal of one or more trees protected by this Chapter
and for any other projects where the Community Development Director determines it is
necessary. 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 14,15 and 16 of the Code on any site on which an Arborist Report is prepared.
(b) The Tree Preservation Plan shall consist of a separate detailed plan drawn to a
sufficient scale (but no larger that 20 feet to the inch, with any details to be shown at
least 10 feet to the inch) to clearly indicate all protection and mitigation measures to be
taken as required by the Community Development Director 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 determined to be in place through Ciry 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 and/or trenching, and (3) Completion of all work including
planting and imgation system installation. Other inspections may be conducted as
required by the Community Development Director.
15-50.150 Tree Fund
(a) Purpose and source of funds. A tree preservation fund shall be established for the
City for the purposes specified in Section 15-50.020(z). The Tree Fund shall be funded
by those fines, penalties, and other remedial payments which may be assessed by courts
or administratively imposed, including, but not limited to, those provided for in Chapter
3 of this Code for violations of this Article. In addition, payments required for
replacement trees pursuant rn .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
purchase new and replacement trees. The Community Development Director and the
City Arborist shall determine the selection, planting and location of any such trees.
(b) Tree valuation. Lawfully removed trees to be replaced as a condition of development
approval shall be valued and their removal compensated for as follows: Trees replaced on
or off site according to good forestry practices, shall provide, in the opinion of the
Community Development Director, equivalent value in terms of aesthetic and
environmental quality, size, height, location, appearance, and other significant beneficial
characteristics of the removed tree/s. The City Arborist shall calculate the value of the
removed tree/s in accordance with the ISA Tree Valuation Formula contained in the
Apri12000 ISA Guide for Plant Appraisal, which is hereby adopted by reference.
15-50.160 Enforcement
(a) General. The City shall vigorously enforce the provisions of this Article. Inspectors
shall, in the course of their regular duties, monitor construction activities. Any observed
violations shall be immediately reported to the Community Development Director for
follow-up action.
(b) Stop work orders. Whenever any activities are in violation of the provisions of this
Article, applicable tree permits, Tree Preservation Plans, or conditions of project
approval, a Building Inspector, Public Works Director, Community Service Officer, or
Community Development Director shall issue a written notice to stop work on the
project for which a violation has occurred. The notice shall state the nature of the
violation or danger and with the exception of ordered remediation, no work shall be
allowed to proceed until the violation has been rectified and any remaining activity
approved by the City.
(c) Cumulative remedies. All remedies in this Section shall be cumulative and are not
exclusive.
15-50.170 Violations; penalties and remedies.
15
The violation of any provision contained in this Article is hereby declared to be unlawful
and shall constitute 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:
(I) 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,
u„~ provide equivalent value in terms of cost (as determined pursuant to the City
Arborist's calculation of the value of the removed tree/s in accordance with the
ISA Tree Valuation Formula adopted by reference), aesthetic and environmental
quality, size, height, location, appearance and other characteristics of the
unlawfully removed tree; or
(2) where replacement trees cannot be accommodated on site according to good
forestry practices, or cannot provide equivalent aesthetic or environmental
quality of removed tree/s on site, the violator shall either plant replacement trees
off site or make a cash payment to the Ciry 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 documentary evidence
satisfactory to the Communiry 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 Ciry 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
civff 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 appropriate by the
Community 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 pruning, 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 ISA Certified
Arborist on staff, in a supervisory 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 afrer 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
MEETING DATE: December 17, 2003 AGENDA ITEM: ~/
ORIGINATING DEPT: City Manager's Office CITY MANAGER: (/~
PREPARED BY: Lorie Tinfow DEPT HE
SUBJECT: Amendment to the Second Restated and Amended Joint Exercise of Powers
Agree..,ent Crcati. g t!:e S!!icon Valley Anima! Contro! Authority
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 Valley Animal Control Authority
(SVACA) to extend the deadline for notice of withdrawal in the Agreement from December 31,
2003, to January 25, 2004.
REPORT SUMMARY:
The Silicon Valley Animal Control Authority (SVACA) 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 JPA 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 JPA 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:
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
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 Authority ("Authority") as
defined in Section 1.12 of the Second Restated and Amended Joint Exercise of Powers
Agreement executed by the Member Agencies in August, September and October of 2003
(hereafter "Agreement").
WHEREAS, the Member Agencies desire to exiend the deadlines in tree Agree.~,ert
applicable to (a) notice of withdrawal from the Authority as of July 1, 2004 and (b) the
development and approval of the Authority's budget for Fiscal Yeaz 2004-05; and
WHEREAS, to accomplish this end, the Member Agencies have approved amendments
specified below to the Joint Exercise of Powers Agreement Creating the Silicon Valley Animal
Control Authority.
NOW, THEREFORE, THE MEMBER AGENCIES AGREE AS FOLLOWS:
1. Notwithstanding the terms of Section 8.2 setting forth the required notice 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 intention 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 timeframe for developing, presenting and
approving a preliminary budget, the final budget, and any cost components or allocation
formulas related thereto in connection with the Authority's Fiscal Yeaz 2004-OS budget process,
as set forth in Article VI of the Agreement, shall be continued and extended for one month.
More specifically, the March 15t 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 15` for the
Authority's preliminary budget for Fiscal Year 2004-OS 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
Yeaz 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.
1070849.1
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:
ATTEST:
By:
Its:
Date:
CITY OF CAMPBELL, a municipal corporation
By:
Its;
Date:
APPROVED AS TO FORM:
By:
Its:
Date:
ATTEST:
By:
Its:
Date:
CITY OF CUPERTINO, a municipal corporation
By:
Its;
Date:
Z io~osa9.~
APPROVED AS TO FORM:
By:
Its:
Date:
ATTEST:
By:
Its:
Date:
APPROVED AS TO FORM:
By:
Its:
Date:
ATTEST:
By:
Its:
Date:
APPROVED AS TO FORM:
By:
Its:
Date:
ATTEST:
By:
Its:
Date:
CITY OF LOS GATOS, a municipal corporation
By:
Its;
Date:
CITY OF MONTE SERENO, a municipal
corporation
Rv
Ttc~
Date:
CITY OF SANTA CLARA, a municipal
corporation
Rv
Its;
Date:
3
~o~oaa9.~
APPROVED AS TO FORM:
By:
Its:
Date:
ATTEST:
By:
Its:
Date:
CITY OF SARATOGA, a municipal corporation
By:
Its;
Date:
1070849.1
SARATOGA CITY COUNCIL
MEETING DATE December 17, 2003
ORIGINATING DEPT: Public Works
PREPARED BY: Iveta Harv +n~ik
AGENDA ITEM: /~ ~
CITY MANAGER: ~~~%~"'~`--
l
DEPT HEAD:
SUBJECT: VTA Operator's Facility -Award of Construction Contract
RECOMMENDED ACTION(S):
1. Reject all bids received on the project.
2. Direct staff to solicit new bids for the facility located in the parking lot.
REPORT SUMMARY:
Back rg_ound
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 from 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 overall VTA project budget of $225,000 the Council approved $18,826 for architectural
and engineering design services performed by Bill Gould Design. Additional $5,000 needs to be
allocated for grant deed of easement from West Valley College to the VTA. The easement issues
will be coordinated by representatives of VTA and WVC. Remaining budget for the construction
is $201,174.
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
Summary (Attachment 1). 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 $10,91 I.
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
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. Staff will 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 facility will 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.
Staff will solicit 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
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SARATOGA CITY COUNCIL
MEETING DATE: December 17, 2003
ORIGINATING DEPT: Public Works
~~•
PREPARED BY: Iveta Harvancik
AGENDA ITEM: ' ,~
CITY MANAGER: ~~G~--~
DEPT HEAD:
SUBJECT: Heritage Orchard Improvements, Phase I -Additional Funding Approval
G... D.....n.. C~p...;l _~ ....d fl.~nh nrd rrrirta}inn Cvclam
_.._ _ v_r"e'e
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 imgation system is needed.
Discussion
Power Sunnly
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 well
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.
hrigation System
The scope of the work includes design, all material, labor, and equipment needed to install R10
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
v.,..we., r~.:p;.,~ 1„~. 'i'be cos*. of the ~x,nrk ;., the amniint of $36 474 inchdeg RriQantinq
Irrigation cost plus 5% bonding cost for Maggiora Brothers Drilling, 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 project including the planting of new fruit trees.
FISCAL IMPACTS:
Additional $71,612 from the overall budget of $275,000 for the Orchard improvements approved
by the Council will be allocated for pump station electric power supply and installation of the
irrigation system.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S):
Electric power will not be supplied to the pump station and imgation system will not be
installed.
ALTERNATIVE ACTION(S):
None in addition to the above.
FOLLOW UP ACTION(S):
The change orders shall be issueded and the contractors will proceed with the above referenced
work.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Nothing additional.
ATTACHMENTS:
1. Quote from republic Electric
2. Proposal from SOLectric Electrical Contractors,
3. Quote from Frank Electric Company, Inc.
4. Quote from Brigantino Irrigation
:~Ut}-ZI-2003 THU 05;51 PM FAX N0, ++ P. 03
Republic
Electric
[~a4 ~ GT. I71
August 21, 2003
Kevin Meeks
cityorsnratoga
137771+mitvalc Avenue
Smatoga, CA 95070
lob Name: Pump Station Conduits
Jub Location: Saran7gs Irbrury
Dt~r Mr. Musks:
We offis to perform the following work, on the tozrns anti conditions slated below and on the reverse side hoof, and at
the prices shown, as foAows:
Pcr your recent meeting with Craig G~tis, perform the followurg work in order to irvstnll cooduitn and conductors at the
refenmced location. Ftrmish and install rip to four concrete pull boxes (5'x 3'). Coordinate USA rnaridng, Excavate
bore end receiving pits. Furnish and insmll approximately 800R~~u~fi end one tllll aluminum ground wiru b weer
the ptmrp station. Furnish and irutall four 250 MCM elurnimrm
lbe IOrrary and tltc pump station, leaving 50' coiled at OSe hbzary and 30' coi]ed at the pump stator. This proposal
assurncs that we will Icavc wires coiled in pull boxes at each ntd oI our work ~ anotfier contractor will compietc all
work beyond Otose pull boxes. All materiak are stock with Republic Electric, and work can begin within 10 days of n
notice to proccu] from Oru City. `$ ~ ~ ='-
labor, Materials rind Equipment ...............529,888.00 `-
As an additive altcntatc, add anotfiLaborPMateriels and Equipment..~............S7,SOU.00
As an additive Rhematc, add anoQter 2"PVC conduit 7 7 ` ;4
Labor, Materials and Equipment~_...........53,488,00 _ -.-,-
Labor, Materials and Equipment.., .•.....•••••5225:00 per each ~ ~ t ~ ~~
Potholing t{~.C
This offer shall expire 90 days from the date hereof and mey be withdrawn by us at ¢ny time Prior thcrero with or
without notla. Phis oftcr supersedes eay prior offers, commitarent or orders, contains all terms, conditions and
wartuntics and when accepted constifites the entire contract between the parties. The resulting contract shall not be
modified except by formal written amendment This offer sbaIl be accepted by delivery to vs of a copy of this offer duly
signed by you in the space provided.
The forgoing olIcr is hereby accepted this
~r•_ -
dry of , 2003.
RcpubGe Electric
J s A. Wager, P.F..
VP P,rrginccrmg
1415) 59S-BS97 • Fax (4i5) 89h-'J477 7120 Redwood riled. Novato, CA 9Q94g-Q114
T3 t15Y UN • llAl. i,n+ • l.oti AN4RLa$ • SACRAMP.NTO • $nN 1'RANC1lCU
Sep o4 03 07:17a s^'_ectrio
SOLectric Electrical Contractors ~~~. No. sisza6.
465 Loma Verde Ave. Palo Alto, CA 94306
~cn~ 856-1735 856-2940 fax, mm.~solPCtrir..c:om
PROPOSAL: DATE: 9/2/03 PAGE 1 of 2
Submitted to: Kevin Meek, City of Saratoga
95070
65^ a56 2540 P•1
In chc State Of Callfornte
Contractors are required by law to
be lidcnsetl and regulated by chc
Con[racco~'s Slate License Btl.
Any questions concerning a
contraRor may be referred to the
Registrar a[ C.S.L. B. PC BoX
26000, SACRAMENTO, CA 95826
19700 Fruitvale Ave, Saratoga, CA --
Phone: 40$-868-1246 Fax: 868-1278 lob name: Underground Power to Orchard WEIi
We hereby submit specifications and estimates for:
Installing 2 ea 3" and 1 ea. 2" Schedule 40 PVC 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 will 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 utilities locations. 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" will 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 25
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 Library Power room to the first
Christy box. Back fill conduits with native soil if conditions permit;
otherwise, we will backfill with sand 6"around the Conduits. Bury a Caution
tape approximately 6" above the conduits.
The other 3" and theu2" conduit wifltbe ended in capped 136" 2d us 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
650 656 2940 ~ P•2
Sep 04 03 07:17a Sr'rctric
Page 2 of 2: Solec[ric/City of Saratoga 9/2/03.
orated and de trfied pr~or to our exca at underground facilities not
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 aea. #250MCM and 1 oa.ei' 0 heuextrd 3" and 2" conduits andttie off in
conduits. Pull 5/15" Poly P
each Christy box. Energize and test conductors at a80V.
9. Damage to tree roots is excluded by this contract.
10. Building Permit and Business License fees at extra cost + $350.
we propose hereby to furnish installation & materials, in accordance with the above
specifications, for the sum of: Cd~•
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/tabor hour + materials.
Terms: Net 30 days- /~ service charge of 1 % per month wilt be added to overdue
1RVOIGeS.
bte ex tecuted only upon wntteneorders, and wilAbecome an efxtra cha ge ov¢r~a1ndtlabove the,esUrna e C pct wi
the enforcement1a9eh's agreements the prevaulling patrty shal be enticed to trecover reasonable attorney9s fees
and other costs incurred in that action, in addition to any other relie~~/~ it or they may be entitled.
~~f~j~.s. l~/~fiPc DATE 9/2/03
AUTHORIZED SIGNATURE
Note: This proposal may be withdrawn by us if not accep[ed within 20 tlays.
here ~acceptocd TYOU are auOthorized to do [he work~a5 specified payment wIl{t be as outlined above^d are
(Title)
Nov 12 03 11: 12a SOLectric
650 856 2940 P•1
SO~ectric Electrical Contractors Lic. No. 315246,
465 Loma Verde Ave. Palo Atto, CA 94306
rFSm R56-173585¢_Z~(4 fal~f?70J.'~i.so-~~-~ttir.__~om
In the State of California
Contractors are required by law to
be licensed and regulated by the
Contractor's State License Bd.
Any questions concerning a
PAGE 1 of 1 contractor may be referred to the
PROPOSAL: DATE: 11/12/03 Registrar at C.S.L.6. PO BOX
Submitted to: Kevin Meek, City of Saratoga 26000, SACRAMENTO, CA 95826
19700 Fruitvale Ave, Saratoga, CA 95070
PhOne:408-868-124b Fax: 868-1278
lob name: Addendum to Und~rgr_oun~ Power to_Orchard Well_ Proposal
dated 9/2/03
Our 9/2/03 Proposal for Underground_Power to Orchard Well is hereby amended as follows:
1. Potholing costs are $260 per pothole and are not part of the total
n,Ir nrininal nrnngsaL.
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 paved areas.
4. We estimate approximately 6 to 8 potholes will 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 furnish installation & materials, in accordance witn the aoove
specifications, at the rate of: $260 per pothole.
Payment due upon completion of contract.
Terms: Net 30 days. ~ service charge of 1 % per month will be added to overdue
invoices.
An material IS guaranteed t0 be as spetired. Arty tleviadon from above specifications involving extra cost".. Wi
be executed only upon written orders, and will become an extra charge over and above the estimate. AlI
agreements Contingent upon strikes, accidents or delays beyond our control. If any legal action is brought for
'the enforcement of this agreemenx, the prevailing party shall be entitled to recover reasonable attorneys fees
and other costs incurred in that action, in addition to a other relief to which ii or they may be entitled.
AUTHORIZED SIGNATlJRE ~'~ J ' ~ ~~~-DATE 11/12!03
Mich e! A. P. Moe
Note: This proposal may bu withdrawn by us iF not accepted within _30_days.
ACCEPTANCE OF THIS DROPOSAL: The above prices, sperifications, and conditions are satisfactory and are
hereby accepted. YOU are authorized to do the work as specified. Payment will be as outlined above.
signature ®ate
6y (Name) (Title)
SEP-29-2003 10 59 ~RRNK ELECTRIC COMPRNY
FRANK ELECTRIC COMPANY, INC.
340 S. MILPITAS BLVD.
MILPITAS, CALIFORNIA 95035
(408) 946-5661 OFFICE
(408) 941-1667 FAX
August 25, 2003
CITY OF SARATOOA
dttn. 1C.eyin 11Ago7rc
19700 Allendaie Ave
Saratorga, CA 95070
RE. Underground Conduits at Library
Dear Kevin,
4089411667 P.02i03
We are pleased to have this oppartunity to provide an electrical quote for
the above referenced project. The scope of work is as follows:
Provide labor and materials to:
Install {1) new 3" PVC conduit w/ (4) - #250 MCM THIN
conductors and (1) - #1/0 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
Not(arn~'i~9t'r~a3~itn=~°d3fl"pa~i~fi~l.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.........._ ................•••..••.$ 64,259.00
EXCLUDES:
1. Paint/patch.
2. Permitlpermit acquisition fees (a9lowsnce $500.00).
3. Utility fees.
4. Upgrade of existing service and distribution equipment.
Page 1 oft
"RRNK ELECTRIC COMPRNY 4089411667 P.03i03
SEP-29-2003 10:59
5. Any other work than stated in the above proposal.
6. Premium Tinte
EXCLUSION NOTE:
Prank Electric Company may provide the excluded items at an additional
charge.
Phis quote is valid for thirty days. Please provide notification in writing or
a purchase order as acceptaa~ce of this quote.
Should you have any questions of require additional information, please
call (x+08) 719-b059,
Charlcs Freeman
Service Maaagcr
FRANK ELECTRIC CO1vIPANY
FEC REF#: 08-19-03
CFlcf
Page 2 of Z
TOTRL P.03
831 636-1198
Dec 09 03 11:41a Brigantino Irrigation
IiRI.GANTINU IRRIGATION
970 P.ROSPIi,CTAVE
N®~LIS'TG:R, CA 95023
I'IiQ~II; $37. G36 I1$8
TAX $37. 636 9$34
~_M,ct,((, I rig^ntinoirrirTion(i+lhUtnleil.com
ODU'1'N:: CPCY UK. SARATOG.4 ! ATTN: DFNNiS LT:ONG
SUPPT.Y NiATIsRIAI.S AND 1NST'ALL R1U M1i.120 SYSTEM IN RF.MAiNING
LIBRARY ORCHARD. TNCLIIDF.S UNDER GROUND MAiNL1NP:5 AND SLIBh1AIN5, AIR
RM:L7!';KS, DR1K RUSE, KILTER, AND NF,LSON R10 SPRINT{I,FRS,
TOTAI, PRICL S 31,88U.UU
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SARATOGA CITY COUNCIL
MEETING DATE: December 17, 2003 AGENDA ITEM: ,
ORIGINATING DEPT: Admin. Services CITY MANAGER: {~~
PREPARED BY: Jesse Baloca~~~~ DEPT HEAD/~~~
~~
SUBJECT: Supplemental Law Enforcement Services Funds (SLESF)
RECOMMENDED AC'T'ION:
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.
N/A
FOLLOW UP ACTION:
Direct City Clerk to send a copy of the report and a certi5ed copy of the proposed resolution to
the SCC District Attorney's Office.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
N/A
ATTACHMENTS:
Attachment A -Proposed Resolution
2 of 2
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: December 17, 2003
ORIGINATING DEPT: Public Works
PREPARED BY: Johu Cberbone
AGENDA ITEM: / I~
CITY MANAGER: ~~~~
r'
DEPT HEAD: ~
SUBJECT: Saratoga-Sunnyvale Road "Gateway" Improvements -Design Contract Supplement
RECOMMENDED ACTION(S):
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.
REPORT SUMMARY:
The requested supplemental work to be performed by Greg G. Ing & Associates involves two
issues: 1) Gateway entry redesign work at a cost of $15,850, and 2) Right-of--way modification
work at a cost of $13,525.
i) Gatewav Entrv Redesien Work
When the original design concepts for the corner 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
staff has been discussing the project with the owner of the real property, Berto Development.
hi 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 corner 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: 1) reduce the size of the landscape azea 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 unusedright-of--way
which encumbers the pazcel. In return the City would receive a dedicated landscape easement/nght-
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 permit and becomes void when
the use permit 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 amenities 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 frees up approximately $200K - $300K for City Council consideration
on other improvements and amenities such as art, which has a strong interest from the Arts
Commission, the Kirkmont Traffic Signal, an improvement supported by the surrounding
neighborhood but not in the current project 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.
t~ ~ra~_.~ „,,,,_,,, ~ „,,,...A ...:rh .,Ho.+.~m Ao~: ~,., e;,,.ePr.rc Fnr the anrn, area anrj to rmm~leta the _fi_nal
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 Commission to develop two
conceptual designs and bring them to City Council in January for review and approval. This follows
City Council direction to work with the Arts Commission on the entry area design elements.
2) Right-of wav Modification Work
Over the past year the City Surveyor has been performing 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 accommodate 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 of the
work and it is desired to have this information incorporated into the design drawings. Incorporating
this information 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 ACTION(S):
The additional work as outlined above would not be approved and the comer design modifications
not move forwazd at this time.
2of3
ALTERNATIVE ACTION(S):
None in addition to the above.
FOLLOW UP ACTION(S):
The work as outlined above would moved forward and conceptual plans for the corner will be
submitted to City Council in January.
~ TT)T: TTiCT1U!'^ ATlATI!`iN!` ANT D1TBi 1!' !`l1NT Al~T •_
Nothing additional.
ATTACHMENTS:
1. Proposal form Greg G. Ing & Associates
3 of 3
SEPTEMBER 3, 2003
PROPOSAL FOR:
ENTRY GATEWAY REDESIGN
AND R.O.W. MODIFICATONS
FOR SARATOGA-SUNNYVALE
ROAD
City of Saratoga
Public Works Department
]3777 Fruitvale Aveuue,
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
408 947-7090
INTRODUCTION:
The purpose of this work effort is to redesign the entry gateway corner at Prospect Road and
Saratoga-Sunnyvale Road due to actual develop area at the corner was less then originally
planned for as well as modify the Right of Ways on either side ofSaratoga-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 corner gateway treatment and
reviews with the Saratoga Arts Commission. GIA/DSW will work with the Saratoga Arts
l.Uliiiili3JlUii iu lircparc iicsigri C,vnCcp tS ivr TnC .,m a..,g.. C+a:e'.v::y ;::Gai., ..::••e '~~' ~' '
corner 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 from meetings with the adjacent property owner and
the input from 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 monumentation/signage.
PROFESSIONAL SERVICES TO BE PROVIDED:
Landscape Architectural:
Work Program
We will prepare design alternatives for the entry gateway corner 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:
1. 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.
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 8z 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
ATTTTilIATAT QL'D VT!`Ti`C.
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 material
basis is accordance with our attached hourly rate schedule for the year 2003
FEE:
Description of Professional Services:
1.0 Redesign Entry Gateway Corner & Prepare Construction Documents
• Review any background information relative to the park and neighborhood.
• Develop base sheet from existing information by the city.
• Alternative Design Concepts for comer
• Prepare Construction Documents
• Meetings w/staff and Arts Commission
Principal.' 24 hrs. x $ 150.00 $ 3,600.00
Associate Landscape Architect: 50 hrs. x $ 125.00 $ 6150.00
Proiect Landscape Architect 60 hrs x $100 00 $ 6 000.00
Sub-Total: $15,850.00
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 information
• Develop base sheet from existing information by the city.
• Revise Construction Documents
• Meetings w/staff
Principal: 16 hrs. x $ 150.00 $ 2,400.00
d..~,.,.:,.+„ t „„d....~.,o drgFjtert : d0 hrc_ x A 725.00 $ 6.125.00
P~ect Landscape Architect 50 hrs x $ 100 00 $ 5 000.00
Sub-Total:
$13,525.00
TASK 1.0 & 1.0
1.0 Sub-Total: $15,850.00
2 0 Sub Total• $13.525.00
TOTAL FEE: $ 29,375.00
PAYMENT SCHEDULE
Services performed will be billed monthly as percentage of work is completed. All
invoices are due upon receipt. Upon 14 days after invoice date, the invoice will 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.
Direct expenses are in addition to the compensation for professional services, and
shall 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 shall be entitled to reasonable attorney's fees and costs as determined by the
court of jurisdiction.
4. Limitation of liability is the compensation paid to Greg G. Ing & Associates .
s . Landscape architects are licensed by the State of California."
Proposal Entry Gateway ReDesign and Modifications [o the ROW for Saratoga-Sunnyvale Road
Sept. 3, 2003
Page 4
TIME FRAME OR SCHEDULE:
The estimated time frame to complete the landscape design will take approximately ten (12)
to (16) weeks from 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 from the date it was prepared after it shall become
null and void.
Respectfully submitted,
Steven J. Kikuchi,
Landscape Architect
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 Hourly Rate
Principal $ 150.00
Associate Landscape Architect $ 125.00
Project Landscape Architect $ 100.00
Staff Landscape Architect
Technical $ 85.00
Administration/Clerical $ 85.00
6
SARATOGA CITY COUNCIL
MEETING DATE: December 17, 2003
ORIGINATING DEPT: Community Development
PREPARED BY: Thomas Sullivan, AICP
AGENDA ITEM:
CITY MANAGER: ~
DEPT HEAD:
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 Ciry Council grant a Negative Declaration of
environmental Impact to the proposed Ordinance by adopting the attached Resolution.
REPORT SUMMARY:
The Saratoga Ciry 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 particulaz 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
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 pollution. 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 nature. 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 Ciry Councff 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 Permit 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 OF NOT FOLLOWING RECOMMENDED ACTION:
This area will continue to be at a business disadvantage with 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 Determination 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
2 of 2
ORDINANCE
AN ORDINANCE AMENDING THE ZONING CODE OF THE CITY OF SARATOGA
ESTABLISHING 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)
azr~ bounded'•Jy Imo:. ii'rePCc 'ipre's5\\'ay, iri;SpCCi .-~i i~CP_~?C aid IIiC Cii}' T i.Ti:t T-.ie (ac hp„n On
exhibit A) and has adopted a Resolution recommending the City Councfl amend the City Code.
B. The adoption of aDrive-Through Overlay District will allow even competition with contiguous
commercial azeas within the City of San Jose.
C. This ordinance amends the City Code to provide aDrive-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 15.10.010 is hereby amended by adding subsection (n.) to read as follows:
"(n) CN Drive-Through Overlay District for the CN Zone Bounded by Lawrence Eipressway and
Prospect Avenue. Notwithstanding section 15-I9.020(c), a Use Permit shall be required in al/ cases
to establish a business with drive-through services as shown on the following map exhibit. A
traffic and circulation study shall be prepared for all such applications Each application shall be
evaluated on its own individual merits Hours of peak operations sha/I be compared to hours of
peak trafficin thegeneralarea"
Lawrence
i ~~
~~~:,
Prospect
City Limits
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Section 3. Severance Clause.
The City Council declares that each section, sub-section, paragraph, sub-paragraph, sentence,
clause and phrase of this ordinance is severable and independent of every other section, sub-
section, sentence, clause and phrase of this ordinance. If any section, sub-section, paragraph, sub-
paragraph, sentence, clause and phrase are held invalid, the City Council declares that it would
have adopted the remaining provisions of this ordinance irrespective of the portion held invalid,
and further declares its express intent that the remaining portions of this ordinance should remain
in effect after the invalid portion has been eliminated.
Section 4. Publication.
This ordinance or a comprehensive summary thereof shall be published in a newspaper of general
circulation of the 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 the _ day of _, 2004:
AYES:
NOES:
ABSENT:
ABSTAIN:
ANN WALTONSMITH, 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 Councff held a duly noticed Public Hearing at which time all
interested parries were given full opportunity to be heard and to present evidence; and
WHEREAS, the Ciry Councff 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 information included in the Initial Study
of Environmental Impact attached hereto.
NOW, THEREFORE, the Ciry Council of the Ciry of Saratoga does hereby resolve as
follows:
Section 1. After careful consideration of the information provided in the Staff Report, the Initial
Study and from verbal testimony, the City Councff 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 Ciry Limit line on the east
Section 2. Pursuant to the requirements of the Saratoga City Code and the California
Environmental Quality Act, this Resolution shall become effective fifteen (IS) days from the date of
adoption.
PASSED AND ADOPTED by the Ciry Councff of the Ciry 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
~. Project Title: Zoning Ordinance Amendment to create an Overlay Zone for
Drive-Through Services
2. Lead kger:cy :':amen Address: Cit}' of Saratoga, Co^:•^.:unity nP_,elQp..;ent Department
13777 Fruitvale Avenue, Saratoga, CA 95070
3. Contact Person & Phone # Thomas Sullivan, AICP, 408.868.1222
a. Project Location CN Zone bounded by Lawrence Expressway and Prospect
Avenue
5. Project Sponsor's Name 8 Address: City of Saratoga
13777 Fruitvale Ave
Saratoga, CA 95070
Commercial Retail (CR)
6. General Plan Designation:
7. Zoning: Commercial Neighborhood (CN)
8. Description of Project: (Describe the whole action involved, including but not limited to later phases of the project,
and any secondary, support, or off-site features necessary for its implementation. Attach additional sheets if
necessary.)
The 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.
^ Agriculture Resources ^ Air Quality
^ Aesthetics ^ Cultural Resources ^ Geology/Soils
^ Biological Resources ^ H drolo /Water ~uali
y gy ty ^ Land Use/Planning
^ Hazards 8 Hazardous Materials p Population/Housing
^ Mineral Resources ^ Noise
^ Transportationrrraffic
^ Public Services ^ Recreation
^ Mandatory Findings of Significance
^ Utilities/Service Systems
DETERMINATION:
On the basis of this initial evaluation:
find that the proposed project COULD NOT have a signifcant effect on the environment, and a NEGATIVE DECLARATION X
will be prepared. -
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.
i fine that aiiitoug'n the ;roposed p: gjeCi ag_~ ~.; i:2:-<_ z signif_ant e"2ct or. tha 2nvircnmant, because y!I patentia!!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
Thomas Sullivan, AICP, Director Community Development Department
Printed Name Far
Less Than
Significant
Potentially With Less Than
Significant Mitigation Significant No
Issues (and Supporting Information Services): Impact Incorporated Impact Impact
X
I. AESTHETICS. Would the project:
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 glare,
which would adversely affect day or nigi~ttiriie Views
in the area?
Discussion of Aesthetics Impacts:
there are no scenic resources.
X
X
X
The area is currently developed in a variety of commercial buildings;
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 X
California Resources Agency, to non-agricultural
use?
b) Conflict with existing zoning for agricultural use, or a X
Williamson Act contract?
c) Involve other changes in the existing environment,
which, due to their location or nature, could result in X
conversion of Farmland, to non-agricultural use?
Discussion of Agriculture Resources Impacts: No discussion is required.
III. AIR QUALITY: Where available, the significance criteria established by the San Luis Obispo County Air Pollution
Control District maybe relied upon to make the following determinations. Would the project: X
a) Conflict with or obstruct implementation of the
applicable air quality plan?
b) Violate any air quality standard or contribute
substantially to an existing or projected air quality
violation?
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
X
Less Than
Significant
Potentially lath Less Than
Issues (and Supporting Information Services): Significant Mitigation Significant No
Impact Incorporated Impact 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
throuoh 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? X
b) Have a substantial adverse effect on any riparian
habitat or other sensitive natural community
identified in local or regional plans, policies, and
regulations or by the California Dept. of Fish and
Game or U.S. Fish and Wildlife Service? X
c) Have a substantial adverse effect on federally
protected wetlands as defined by Section 404 of the
Clean Water Act (including, but not limited to,
marsh, vernal pool, coastal, etc.) through direct X
removal, filling, hydrological interruption, or other
means? -
d) Interfere substantially with the movement of any
native resident or migratory fish or wildlife species
or with established native resident or migratory
wildlife corridors, or impede the use of native wildlife X
nursery sites? -
e) Conflict with any local policies or ordinances
protecting biological resources, such as a tree
preservation policy or ordinance? X
f) Conflict with the provisions of an adopted Habitat
Conservation Plan, Natural Community
Conservation Plan, or other approved local, X
regional, or state habitat conservation plan? -
Discussion of Biological Resources Impacts: NIA
V. CULTURAL RESOURCES. Would the project:
a) Cause a substantial adverse change in the
-.- significance of a historical resource as defined in
§15064.5? X
Less Than
Significant
Potentially With Less Than
Significant Mitigation Signircant No _
Issues (and Supporting Information Services): Impact Incorporated Impact Impact
b) Cause a substantial adverse change in the X
significance of an archaeological resource as
defined in §15064.5?
X
c) Directly or indirectly destroy a unique
paleontological resource or site or unique geologic
feature?
d) Disturb any human remains, including those interred X
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 loss, injury, or
death involving:
i) Rupture of a known earthquake fault, as
delineated on the most recent Alquist-Priolo
Earthquake Fault Zoning Map issued by the
State Geologist for the area or based on other
substantial evidence of a known fault? Refer to
Div. of Mines and Geology Pub. 42.
ii) Strong seismic ground shaking?
iii) Seismic-related ground failure, including
liquefaction?
iv) Landslides?
b) Result in substantial soil erosion or the loss of
topsoil?
c) Be located on a geologic unit or soil that is unstable,
or that would become unstable as a result of the
project, and potentially result in on- or off-site
landslide, lateral spreading, subsidence, liquefaction
or collapse?
d) ee located on expansive soil, as defined in Table
18-1-B of the Uniform Building Code (1997),
creating substantial risks to life or property?
e) Have soils incapable of adequately supporting the
use of septic tanks or alternative wastewater
disposal systems where sewers are not available for
the disposal of wastewater?
Discussion of Geology and Soils Impacts: 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?
X
X
X
X
X
X
X
5
Potentially
Issues (and Supporting Information Services): Significant
Impact Less Than
Significant
With Less Than
Mitigation Significant No
Incorporated Impact Impact
X
b) Create a significant hazard to the public or the X
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 X
acutely hazardous materials, substances, or waste
within one-quarter mile of an existing or proposed.
school?
d) 6e iocated on a site which is included cn a iist of v
hazardous materials sites compiled pursuant to
Gov. Code Section 65962.5 and, as a result, would
it create a significant hazard to the public or the
environment?
e) For a project located within an airport land use plan X
where such a plan has not been adopted, within
or
,
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
X
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 X
wildlands?
Discussion of Hazards and Hazardous Materials: NIA
VIII.HYDROLOGY AND WATER QUALITY: Would the project:
a) Violate any water quality standards or waste X
discharge requirements?
b) Substantially deplete groundwater supplies or X
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 X
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 alter the existing drainage pattern of
Potentially
Issues (and Supporting Information Services): Signincant
Impact Less Than
Significant
With Less Than
Mitigation Significant No
Incorporated Impact Impact
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 X
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 X
Flood Insurance Rate Map or other flood hazard
delineation map?
h) Place within a 100-year floor hazard area structures, X
which would impede or redirect flood flows?
i) Expose people or structures to a significant risk of
loss, injury or death involving flooding, including X
flooding as a result of the failure of a levee or dam?
j) Inundation by seiche, tsunami, or mudflow? X
Discussion of Hydrology and Water Quality Impacts: NIA
IX. LAND USE AND PLANNING: Would the project:
a) Physically divide an established community? X
b) Conflict with any applicable land use plan, policy, or X
regulation of an agency with jurisdiction over the
project (including, but not limited to the general plan,
specific plan, local coastal program, or zoning
ordinance) adopted for the purpose of avoiding or
mitigating an environmental effect?
c) Conflict with any applicable habitat conservation X
plan or natural community conservation plan?
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 X
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? X
Less Than
Significant
Potentially With Less Than
__ rssues (and Supporting Information Services): Significant Mitigation Significant No
Impact Incorporated Impact Impact
Discussion of Energy and Mineral Resources Impacts: there are no known mineral resources within the City
limits.
XI. NOISE. Would the project result in:
a) Exposure of persons to or generation of noise levels X
in excess of standards established in the local
general plan or noise ordinance, or applicable
standards of other agencies?
b) Exposure of persons to or generation of excessive X
groundborne vibration or groundborne noise levels?
c) A substantial permanent increase in ambient noise X
levels in the project vicinity above levels existing
without the project?
d) A substantial temporary or periodic increase in X
ambient noise levels in the project vicinity above
levels existing without the project? -
e) For a project located within an airport land use plan
where such a plan has not been adopted, within
or
,
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? X
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)? X
b) Displace substantial numbers of existing housing,
necessitating the construction of replacement
housing elsewhere? X
c) Displace substantial numbers of people,
necessitating the construction of replacement X
housing elsewhere?
Discussion of Population and Housing Impacts: NIA
XIII.PUBLIC 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:
Less Than
Significant
Issues (and Supporting Information Services): Potentially With Less Than
Significant Mitigation Significant No
Impact Incorporated Impact Impact
X
Fire Protection?
Police Protection? X
X
Schools?
X
Parks
Other public facilities? X
Discussion of Public Services Impacts: NIA
XIV. R~cR~ATI~r.:
a) Would the project increase the use of existing X
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 X
require the construction or expansion of recreational
facilities, which might have an adverse physical
effect on the environment?
Discussion of Recreation Impacts: NIA
XV. TRANSPORTATIONITRAFFIC: Would the project:
a) Cause an increase in traffic, which is substantial in X
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 X
service standard established by the county
congestion management agency for designated
roads or highways?
c) Result in a change in air traffic patterns, including X
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
X
intersections) or incompatible uses (e.g., farm
equipment)?
e) Result in inadequate emergency access?
f) Result in inadequate parking capacity? X
g) Conflict with adopted policies, plans, or programs X
supporting alternative transportation (e.g., bus
turnouts, bicycle racks)?
sed amendment requires traffic analysis and
Discussion of TransportationlCirculation Impacts: the propo
Less Than
Significant
Potentially lath Less Than
_ ,ssues (and Supporting Information Services): Significant Mitigation Significant No
Impact Incorporated Impact 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 Control Board? X
b) Require or result in the construction of new water or
wastewater treatment facilities or expansion of
existing facilities, the construction of which could
cause significant environmental effects? X
c) Require or result in the construction of new storm X
water drainage facilities or expansion of existing
facilities, the construction of which could cause
significant environmental effects?
d) Have sufficient water supplies available to serve the
project from existing entitlements and resources, or
are new or expanded entitlements needed? X
e) Result in a determination by the wastewater X
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 X
disposal needs?
g) Comply with federal, state, and local statutes and X
regulations related to solid waste?
Discussion of Utilities and Service Systems Impacts: N/A
X
XVII. MANDATORY FINDINGS OF SIGNIFICANCE.
a) Does the project have the potential to degrade the
quality of the environment, substantially reduce the
habitat of a fish or wildlife species, cause a fish or
wildlife population to drop below self-sustaining
levels, threaten to eliminate a plant or animal
community, reduce the number or restrict the range
of a rare or endangered plant or animal or eliminate
important examples of the major periods of
California history or prehistory?
b) Does the project have impacts that are individually
limited, but cumulatively considerable?
("Cumulatively considerable" means that the
incremental effects of a project are considerable
when viewed in connection with the effects of past
projects, the effects of other current projects, and X
the effects of probable future projects.)
to
Less Than
Signiricant
Potentially
Significant With Less Than
Mitigation Significant No
Issues (and Supporting Information Services):
Impact Incorporated Impact Impact
c) Does the project have environmental effects, which
will cause substantial adverse effects on human
beings, either directly or indirectly? X
EARLIER ANALYSES:
SOURCE LIST:
Saratoga General Plan
Saratoga ='un€cipal. Gads
Saratoga Zoning Ordinance
it
RESOLUTION No. 03-048
CITY OF SARATOGA PLANNING COMMISSION
STATE OF CALIFORNIA
WHEREAS, the Ciry 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
~nteresteu pa, ties were five.. w ii;L opport~,:niry- to be heard and t~ present C.'id=neC; anu
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 determined:
• The proposed amendments to the zoning regulations are needed so that this particular area
is commercially competitive with the contiguous area with the Ciry of San Jose.
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 facflities 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) CNDrive-Through Overlay District for the CNZone Bounded by La wrence Expressway
and Prospect Avenue. A Use Permit shall be required in all cases to establish a business
with drive-through services as shown on the following map exhibit. A traffic and
circulation study shall be prepared for all such applications. Each application shall be
evaluated on its own individual merits. Hours of peak operations shall be compared to
hours ofpeak traffic in thegeneral area. "
PASSED AND ADOPTED by the City of Saratoga Planning Commission, State of California,
November 12, 2003, by the following roll call vote:
AYES: GARAKANI, BARRY, UHL, ZUTSHI AND CHAIR HUNTER
NOES: NONE
ABSENT: NAGPAL, SCHALLOP
ABSTAIN: NONE
ATTEST:
Chair, Planning Commission
Commission
Secretary to the Planning
SARATOGA CITY COUNCIL
MEETING DATE: December 17, 2003
ORIGINATING DEPT: Public Works
PREPARED BY: John Cherbone
AGENDA ITEM:
CITY MANAGER: ~~~
1
DEPT HEAD: ~
SUBJECT: Five Year (2001-2006) Capital Improvement Plan (CIP) - F.Y. 03/04 Update
RECOMMENDED ACTION(S):
1. Adopt Resolution amending 2001-2006 CIP Budget reflecting Council direction from the
November 5, 2003, City Council Meeting.
2. Open the Public Hearing continued from 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 of the new C1P Projects.
REPORT SUMMARY:
1. CIP PROCESS
This is the continuation of the 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 C1P and for City Council to make any revisions to the
funding levels decisions made at the November 5 Public Hearing.
At their December 10th 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 C1P 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 Citv Council Meeting:
New CIP Projects:
Civic Theater Lower Perimeter Re-Roof: $49,500
Civic Center Eave Replacement - Community DevelopmentBngineering: $17,600
Village Fagade Matching Fund: $50,000
Foothill School Joint Improvements (Field Improvements): $0
Blaney Plaza Improvements -Construction Phase: $121,000
Fire Alarm System for the Historical Park Buildings: $7,425
Repair Work to Trail Segment #3 ("Tank Trail"): $16,500
Sobey Road/Quito Road Traffic Improvements: $150,000
Norton Road Fire Access Road: $110,000
Aloha Street Safety Improvements: $49,500
North Campus Improvements (Fellowship Hall): $151,800
Odd Fellows Trail Development: $60,500
San Marcos Open Space Trail: $27,500
New City "Gateway" Monument Signs: $17,500
Adopted Unfunded CIP Projects:
Park/'frail Repairs:
$30,000
Kevin Moran Park Improvements: $400,000
Median Repairs (Landscaping/Imgation): $82,500
Total: $1,341,325
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 C1P process and therefore
are appropriate to consider prior to the conclusion of this year's CIP Update.
2of5
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
repair areas.
Roof Repairs: The current roof is leaking and causing damage to the interior of the
building. The existing the will be removed and reinstalled, with copper nails and wire,
after a new underlayment is installed.
Interior Storaee 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
.._ . qc _.,__.. ..it ;;.~ti; a~w.~..Pa .~,,o~e -=mnvea. I?e^•alr •;~CTk tC iha g}nraoe
area is now needed and, also, the wall framing in this area is dry rotted and termite
affected.
• Chester Storm Drain Improvements:
This project would install a new storm drain at the intersection of Chester Avenue and
Vasona Creek. The existing storm drain system is inadequate in lazge rain events, which
causes periodic roadway flooding. Staff has studied the problem and has determined that
anew parallel storm drain line would be required to mitigate the flooding issue. The new
storm drain would consist of 680 feet of new storm 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/Oak Place Pedestrian Signal:
Please refer to the attached Memorandum from the City's Traffic Engineer for detailed
information regazding 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 from 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 1 • Install Pedestrian Signal
Under this option a warrant study in Caltrans format 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 from initial submittal. The estimated cost for a pedestrian signal is
$145,000, which includes $20,000 for engineering design work.
3 of 5
Option 2. Other Remedial Measures
1) 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 regazding the above remedial measures.
The cost for the remedial measures range from $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:
1) Include the projects in the 2001-2006 CIP, funded or unfixnded.
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.
Funding of these projects is a challenge considering the current fiscal state of the City. However,
Council could reprioritize the funding levels of the new CIP projects being considered or fund
them utilizing other sources such as unobligated General Funds or City Council Contingency.
FISCAL IMPACTS:
Unlrnown at this time. Depends on the final CIP project list.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S):
Not Applicable.
4of5
ALTERNATIVE ACTION(S):
None in addition to the above.
FOLLOW UP ACTION(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:
1. Budget Resolution.
2. Planning Commission Resolution No. 03-052
3. CIP Project Spreadsheet.
4. Traffic Study for the Highway 9/Oak Place Pedestrian Signal.
5 of 5
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 CII' budget is a multiple year budget where appropriations aze project
length and do not also lapse at operating fiscal year end; and
WHEREAS, the need to amend the existing CIP is based upon new information and new
priorities established by the existing City Council; and
NOW, THEREFORE, the City Council of the 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 determined 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:
Ann Waltonsmith, Mayor
ATTEST:
Cathleen Boyer, City Clerk
APPROVAL OF RESOLUTION No. 03-052
CITY OF SARATOGA PLANNING COMMISSION
STATE OF CALIFORNIA
WHEREAS, the Ciry of Saratoga Planning Commission has received a request from the
Public Works Director to find that the Proposed Capitol Improvement Program is consistent with
the r'ir~,~ of Sararnaa C:eneral Plan; and
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 Ciry of Sazatoga does hereby find
that the proposed Capitol Improvement Program is consistent with the Goals and Policies of the
Ciry 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 Ciry of Saratoga Planning Commission, State of
California, on December 10, 2003 by the following roll call vote:
AYES: Barry, Garakani, Nagpal, Schallop, Zutshi ~ Chair Hunter
NOES: None
ABSENT: Uhl
ABSTAIN: None
Chair, Planning Commission
ATTEST:
Secretary to the Planning Commission
FEHR & PEERS
TRA NSYO RTATION CO NSN LTANTS
MEMORANDUM
To: John Cherbone, City of Saratoga
Cc: Sohrab Rashid
From: Frank Aochi
Date: Mazch 10, 2003
Subject: Proposed Traffcc Control for Pedestrian Crossing on Saratoga-Los Gatos Road
at Oak Street iozs-446
As requested, both Sohrab and I evaluated the proposed pedestrian'signal control for the
crosswalk on Saratoga-L,os Gatos Road at Oak Street. This memorandum presents our
evaluation and recommendations with options.
Observations and Evaluation
Based on the MUTCD and our field investigation:
• This intersection does not meet the minunum 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 than 60 gaps per hour in the traffic stream. These conditions do not exist at
this location.
• This intersection may not meet the minimum conditions to warrant aschool-
crossing signal. Warrant 5, School Crossing, requires a minimum of 20 students
during the highest crossing hour. We have not conducted detailed counts to verify
this number but based on our observation of this 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 guazds nor warning
flashers in use at this location during my field observation from 2:45 to 3:25 PM on
Monday, February 24"'.
255 N. Market Street, Suite 200 San Jose, CA 951]0 (408) 278-1700 Fax (408) 278-1717
www.fehrandpeers.com
• The existing crosswallc is approximately 60 feet long. At a normal 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. Sazatoga-Los Gatos Road
transitions in this section from two lanes east of Oak Place to four lanes west of
Oak Street.
• There aze two mature trees on the southeast corner 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 aze difncultro see in the evening by approacng
drivers. There aze three streetlights in the azea of this intersection but none are
close enough to light up this comer especially when the trees are at full of leaves.
Improvement Options
As recommended by the MUTCD, the use of remedial measures should be considered
before installing a traffic signal. There aze 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 pazallel lines will accent the
crosswalk and make approaching drivers more awaze of the crosswalk.
• Adding a streetlight on the southeast corner 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 of the branches on the
trees will also help cast additional light onto the crosswalk and this corner.
• 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 from 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 amuch-needed traffic calming effect on
drivers on Sazatoga-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
system would have the beacons constantly flashing throughout the day with a W66
warning sign on the mast arm. A more advance system would activate the overhead
flashing beacons only when a pedestrian is present. The sign on the mast arm would
alert the approaching drivers that a pedestrian is in the crosswalk when the lights aze
flashing. Instead of a regulaz 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 know that the button only activates the
crosswalk warning lights and reminds them to cross with caution.
v iiriGmeI S'y'steiu rGr Clete.aiaig peCleS lriitii5 iu .: pr e3Slire JOiiS'v'r. i+i15 .S u
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 eazlier for the southeast corner can be mounted on the
mast arm pole used for the overhead flashing beacon and sign on this comer, (see
Detail C).
• Anew 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 aze activated by the presence of a pedestrian and warn
approaching drivers that a pedestrian is in the crosswalk similaz to the overhead
flashing beacons mentioned eazlier. Since this device is relatively new to the azea
and may not be immediately understood by the public, it maybe 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 maybe confused with the use of both a stop
sign and a traffic signal located at the same 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 Avenue 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 confirm 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 signal 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,
especially 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 pazents 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 Sazatoga-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 aze going and coming from
school would leave the decision-making to the adult and help minimize the danger of
children crossing Sazatoga-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 aze 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
PeNr & Peers Associates
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5.5'SPECIAL SIGN PANEL
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3.5' WHEN LIGHTS
® FLASHING
36" W66
12" YELLOW
FLASHING BEACON
_ ~ - 20'
TRAVEL LANE
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Detail B CALTRANS TYPE 9 CANTILEVER FLASHING BEACON
WITH SPECIAL SIGN PANEL OR BLANK OUT FLASHING SIGN . r
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Fehr & Peers Associates
200W STREET LIGHT
BLANK OUT p~D~~~~~Q~
FLASHING SIGN
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20'
SPECIAL SIGN PANEL
30'
12" YELLOW ---'
FLASHING BEACON
TRAVEL LANE
36" W66
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Detail C
CALTRANS TYPE 19-4-129 WITH FLASHING BEACON
AND SPECIAL SIGN PANEL OR BLANK OUT FLASHING SIGN
Fehr & Peers Associates
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SARATOGA CITY COUNCIL
MEETING DATE: December ] 7, 2003 AGENDA ITEM: ~~~
ORIGINATING DEPT: City Manager's Office CITY DIANAGER: ~~h~--~-
PREPARED BY: Lorie Tin1'ow 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 (SVACA) to provide anima] control services m the areas of field, shelter and licensing.
During the past year, Sunnyvale and Cupertino decided to withdraw from SVACA due to several
wn esolved issues and concerns over upcoming shelter operating and construction costs. As a result,
Saratoga's share of total costs associated with SVACA significantly increased. In October of this
year, City Council directed staff to request proposals for animal 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 staff to continue negotiations with the
City of Svr Jose with the purpose of signing along-term contract for anima] control services. The
cities of Cupertino and Los Gatos have also been negoUaUng with the City of San Jose for animal
control services. hi addition, SVACA has issued a new proposal to all three Cities m an effort to
keep us in the JPA.
Deal Point Comparison
The attached comparison tables (Attachments A & B) present deal points and service levels
associated with each provider. A copy of SVACA's new proposal is attached as Attachment C and a
copy of the proposed contract with the City of San Jose is included as Attaclunent D.
In summary, the new SVACA proposal (Option 1) provides competitive pricing, shelter egwty, a
vote on the board, and continued input and control on the operation at~d budget level of SVACA.
Our customer satisfaction experience with SVACA (response times, etc.) has been excellent.
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 SVACA. 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 SVACA's service.
The actual cost of each option to Saratoga is contingent on the decisions of the 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 under new 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 "cast per animal" fee. Per animal
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.
F~SC9L IMPACTS:
Option 1: Remain with SVACA under new conditions. Annual service contract costs would
change each year but, depending on the actions of Cupertino and Los Gatos, maybe less than the
proposal offered by San Jose. The $300,000 capital contribution is budgeted in the Capital
Improvement Program. SVACA 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. Arnrua] 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 SVACA. The $300,000 capita] contribution is budgeted in the Capital Improvement
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
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTIONS:
Without Council direction to change service providers or to confii7n the new provisision associated
with SVACA membership, Saratoga will continue to receive animal control services from SVACA
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 Ton Cicerelli, City of San Jose; Deborah Biggs, SVACA, for
distribution to the SVACA board; and to the SVACA Technical Advisory Connmttee.
ATTACHMENTS:
• Attachment A: Anima] Control Service Provider Comparison
• Attachment B: Animal Control Service Level Comparison
• Attachment C: Silicon Valley Animal Connol Authority's Proposal
-- Attachment D: Draft Agreement with San Jose
3
ATTACHMENT A
Saratoga Animal Control Service Provider
-- -
-_ _.
_. _. --I._-. -_-_.
' _ _ --
- - _ SVACA
Category
i -_
1 Capital Costs $300,000
ity Reimbursed? _ _.
Co
- San Jose
_ ~ -- --
'$300,000 _ __
shelter is sold in the future, I No but sliding reimbursement
_- - -
Aga would receive proportional iscale for early contract years--
-- - -- i
of the sales proceeds. $100K per year for first 3 _
_ --
J- I _ _
L-- --
S3 helter Construction Complete? No - costs are not finalized; 'Close -scheduled to open soon
_ Management must bang project to
_ -_ r _ -_ -.. --
-
~_
icompletion
--- ----
- ,.,
_.. .. ... .. .... ....... .
T - - ..ec
-
determined at this time .
_.
-
---
5~,ShelterServices
- -
-- -
same
-. _
same
--- - ---
field/Licensing/Shelter Operations:
000 (tor 6 or 5 aty JPA)
000-$166
$138 - _-- --- ---
i$155,000-$175,000 -_ _
1 Annual Costs
--
1a Revenue remitted back to Sararo a
- ,
,
--- - ~-- - --
included _
--
_-- - lapprox.$4300
--- -- -
---
2 Cost Containment Clause
- - ° -
Yes for 2005-06 -CPI/W + 2 0
- - _ _ _
Yes CPI/VV + 1 5% or cost of
-- -
-
- -~~ -
In addition, Counal rep/TAC staff help lemployee salary/benefit
-
_
'set the SVACA annual budget
increases, whichever is less
3 Cost Reduction Incentives - t imals om'ng from Saratoga ''n9mbernotlsheltle ed an Imals reduber
~ the number of an
--
-
-
- -.
As Saratoga's total number of animals
~,we wou pay ess. _ _.
--.
- -
'I decreases compared to other member cit
ies, _ _ _- -
--- -
-
iour ercentage decreases.
p --
__
----
- -- -
-
-
~ - - -
___
1 - -
+Y No .- -. _
,Vote on Governing Body
4 es
_ - -_
~2 officers for 3 cities
_
SlNumber of field officers provided
-~- -- _ 3 officers for 6 cities _-
--
+Monday through Fnday _- _
--
_ Monday through Friday
- - -- - - - -- -
12 hour shift 12 hour shift (7 am to 7_pm) -
- - -
-
_ _
-- - - - - -
--
-
e ~
on call after ours _
~
-
~ Sat - 2 officers for 6 cities _ Sat/Sun - 2 officers for 3 cities
- -
_ -- ~ 1 officer for 6 cues
Sun/Hol ~ oliday = 1 offcerfor 3 cities _-
--- --
-- - _
- _
P1 - 1 hr or less**
_ - --
p
6 Res onseTimes _
~ _
P1 1 hr or less
I _
-- _---
I~~ P2 - 2 hrs or less"
.
* SJ response times could be
P2 =_ 1 hr or less_
~P3 = 2 hrs or less __
--
- --
P3 - 4 hrs or less'*
- -_
~
lessgiven the number of
_-.----~ --- - - wkends/hol = 1/4/8*'
_
officers dedicated to our cities
-. _ - -- - .
-- --
_
---
- -
L-.- - 13 -_.
14
7 Holidays -
- --_ -~-
_ -_----
---~-- - ~? hr per month
ncil Time Commitment ~ 12 hrs + per month _ - _ - - --
--- -
~nship JPA can withdraw with 6-12 months notice Contractcan withdraw
-. t
---- - notice
6
12/11/2003
ATTACHMENT B:
Animal Control Service Level Comparison
Saratoga Animal Control Service Level Comparison
-- ---
-- - _ - _- ~- - -
-
- -
- -
- _ - -
SVACA _
-
- - T
-_)- -
- -
San Jose
- -
_
Types of Animals Covered _- _ _- - -
X X
Confined and healthy domestic animals
~._ -- -
-
~ --
X
--- - -
c animals
t
k d
X
_ _ -_ -- -_ -- _
l
ome
s
In~ured or sic
I X
_
Inured or sick wildlife _ _ X
'
I (1) +' --
X
Injured or sick deer
-
-_ -
- - - - -
-
X - _
_ Dead animals -domestic and wildlife_ _ -_
- -- -
2
~) -j
- X --
Dead deer
- -- 1--
-- -
(1) Assist with Sheriff's Office/Police dis osal
P.-.-- ---_.-_- - --._ -.
--
--' -- -~ -- - --- -
(2) under contract I
- -- - ~ _-_-- _
- -
.Response Times - -- --- - -
Nnonty i coos Person at risk or in aanyei ~ ., ... ., ,~.
.,~ ' i.. c °'s _ u"` ``'
30 min or less 2 hrs or less (2)
- g-
Priority 2 calls Animal at nsk or in don er
next available officer
2 hours -
~ Same day (2)
- -
-
Pnority 3 calls -Non emergency, T -_ -
.-
riorit 2- 4hrs
l
s
1 h
=
'
-
---
- _
-
p
r or
es
-
-
(2) after hours priority 1
Y_.--. - - -. -_ -
-_. -_ -_
_-. ~
-
or less; priority 3= 8 hrs or less _ -
_ _ = - ~- - _----
(3) during business hours
- _- - -- --- - --
_ - -
- -_-
-.. -
-_. _-._-
Services Provided
- - -
X
-j-
- -
X
Adoptions
- __
- -
- __ '
- --
not at this time - "-"
X
Animal behavior classes
__ - - __ -_ -
- 3rd party
i +
- _--
X
-
Behavior hotline
_----- --- -
----
X -- -
X
Connections to breed specific rescue groups
-
-- - -
- ,,. --
X
-
Disaster/Evacuation assistance -no char e for animals
-- - -
X
-r- - __
_
-. ----
- - -
---
i
X
-
- X
-
nars
Educational Sem
-_ - -- -
- -- - -_
-- X
~
X
Euthanization and disposal of anlmals not adoptable -
-_ _-
Flle problem cases with the District Attorne
-
--
-
X
- -_
I-
J, X
-
X
--- - - - X
I -
Foster care -
--
-_ _
-- -- - -
-
X
I - -
X
Free housing for pets of fire and accident victims
-
- - -
rt - -
- - -
X
Free housing for ets of victims of domestic violence
-- --
- X -_ -
I - -
X
-
Free rabies control information
-
-- - -_ - - X
~
-I --
X I
-- --
X
Investigate and resolve coin taints for abuse or neglect "-
P _ _- - J-
I X
--
Investigate and resolve complaints for dangerous animals-
- X
I
---
X
- --
X
Investigate and resolve complaints for vicious dogs - -
Investigate and resolve coin taints for bites or attacks to humans
-- "
- ~ X -
- - _- x
X
-------
Issue citations as necessar -
Y - - -
- - ----
X
--
-
-
X
Licensing-- _ _
- - - --
X -~- X -"
Lost pet database
-- -- - - -
--
_ -X
~-
" X
Micro chi in
- -- -
- PP -- --
X
-_ "
-
Online pictures of anlmals for adoption
-
- _- -
_--
X
~ -
- - --
as needed
Pet grooming prior to adoption _ _ - - -
l ~ - --
X -
~
excluded
s
Pick up and dispose of marine animals/mamma
_ _-
---
~ -
X -
- ---
X
Pick up owned animals -
--
- - - - ---
X t-- X
Provision for surrender and reclaim of animals
- - - _
~ -_-
-
~-
X
__ __
l
i X _
ma
s __-_ _-
Quarantine & Monitoring of biter an
- ----- -_ X- -~ _ X
Rabies testing of suspect animals _-
-- -- -
-- -.
-
_ _
I
- - -
X
Rabies vaccination clinics _ _
__
- T
-
-
X
Shelter of abandoned, im ounded, lost or stra animals
v
- _ - X - ! _- - -
X
Spay/neuter clinics
12/11 /2003
al event days __
assistance with animal events
X
X
X
X
X
Veterinarian care to stray, injured, sick or other impounds _.- X --+
Volunteer opportunities __ _ _ -- - -~- X I
Web site for all stray and adoptable-animals -- --~- X i
Wildlife rescue --
---- -I --- -
-
--
Dead Animal Services - - ----- --- X
Identification & notification of death to owner -__ -
---- -
X
Scan animal for microchip identification
-
---- -
- ---
-- X
I --I
- - --
Disposal of animal __ -- -- -
- --- - X ~r
Drop boxes for after hour receiving _ _ - - -
---
-- - _~
.Licensing
-- --- _ - ----- X- -
Provide for do sand cats _____--- -
g --r--- _I
--
License animals reclaimed from shelter ~,--- X
Provide discounts for spay/neuter _ --__------ -!,--
X --
I
Collect all fees as appropriate - ~ X '
SpaylNeuter incentive program --. _------ - - X
Free license with adoptions _--_ --- ---- --
eportm9 - - - --- X
Provide monthly or quarterly reporting of animals --- , ---- X
Provide monthly or quarterly fee collection information _ __ ---__- X
Complete/submit the Annual Report of Local Rabies _ _ _
Control Activities to SCC Public Health Dept - -
---- - -
--
-------- -- - --- _1_-
-- -- -
-----
X
X
X
X
x
X
X
X
X
X
X
X
1 2/1 112 00 3
ATTACHMENT C: Silicon Valley Animal Control Authority Proposal
Si~icon Va~~e ~ r
~nima~ ~ontro~~]~uthori
December 10, 2003
Ms. Lorie Tinfow, Assistant City Manager
r_irv of Carafnn~
13777 Fruitvale Avenue
Saratoga, CA 95070
Re: Proposals for Animal Care and Control Services
Dear Ms. Tinfow,
De6oral~ L. $iggs
fxetutive Director
Serving
Campbell
~uper4ino
Loy Gatoz
Monte Sereno
Santa Clara
Saratoga
Based on our meeting on December 4, 2003, the Silicon Valley Animal Control Authority is pleased to present
to ycu two proposals for Saratoga's continued participation with our agency for animal care and control
services.
The City/Town Managers of the SVACA's Member Agencies met on November 17, 2003 to discuss Animal
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 wmpetitive level of service and cost of operations.
The equity position in the Animal Shelter 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 SVACA and then enter into separate
contracts with SVACA (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 fnancial obligations and would be "non-equity' positions. Santa Clara, Campbell and
Monte Sereno would collectively fund and own the SVACA facility.
The above two options were approved unanimously by the SVACA Board of Directors.
A third option was presented whereby SVACA would continue to provide Field Services and contract with San Jose
for Shelter Services on behalf of all SVACA Member Agencies. This proposal was not approved by the Board.
The options are further described below.
Option 1 • Reduced Eouitv PaRicipation/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
SVACA 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
Campbell $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 Clara $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 signifcantly, yet you retain 5.1 % ownership of the facility
as well as continued input and control on the operation and budget level of SVACA.
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:
Cam bell $ 199,646.07
Cu ertino $ 225,540.34
Los Gatos $ 164,872.71
Monte Sereno $ 12,651.18
Santa Clara $ 661,808.84
Sarato a $ 138,225.45
As presented to the SVACA 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 City/Town Managers favored this option at their November 17, 2003 meeting..
Should Cupertino not take advantage of this option, the costs fora 5 Member JPA would be:
Capital Contribution
Current Option 1
Contributions
$997,957 $1,237,658
Cam bell
$835,109 $300,000
Los Gatos
$67,103 $70,000
Monte Sereno
$3,234,579 $3,937,579
Santa Clara
$710,430 $300,000
Sarato a
Operating Costs:
Campbell
Los Gatos $237,059
$196,456
Monte Sereno $15,445
Santa Clara $777,603
Sarato a $166,109
Cost wntainment 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
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-$300,000--but
would be a "non-equity' position. The other SVACA Member Agencies would fund the remaining portion of the
construction cost and own the facility in its entirety.
Contract Services and Fees: The following are comments or "exceptions" to the RFP:
Section 1 Scope of Services Paragraph B-Commencement of Services:
As discussed in our meeting, SVACA 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 conVact. However, under "Holidays",
SVACA proposes the observance of the current 13 holidays it observes. They are:
New Years Day Veterans Day
Martin Luther King Day Thanksgiving Day
President's Day Day after Thanksgiving
Memorial Day Christmas Eve
Independence Day Christmas Day
Labor Day New Year's Eve Day
Columbus Day
Section 3-Field Services:
A. Field Services: SVACA agrees to all the items with the following modifications:
(3) Generally excludes live injured adult deer as there presently is not a wildlife center willing to accept sick or injured
adult deer. SVACA will however, assist the Sheriff's Dept. in "dispatching" an injured deer, if necessary.
(4) Remove reference to San Jose Tallow and insert "through contract".
(8) Remove "and refer': SVACA investigates and completely handles Vicious/Dangerous Dogs and other animals,
including dangerous dog hearings. Generally these calls are not referred to your staff for completion. In addition,
SVACA will use Saratoga's Hearing Officer, if Saratoga wishes.
(10) Remove "and refer". SVACA follows through with all investigations of abuse, neglect and cruelty.
(11) Remove "Investigate and". Add clause that SVACA staff will assist Saraoga staff where possible.
B Response Time Standards:
SVACA's will meet or exceed the response times as requested (see After Hours below). Those calls listed below with
a 24-hour response time are per the current policy; the policy is in the process of being modified as SVACA far
exceeds this "standard". SVACA understands the priority numbers listed came from another agency's contract;
SVACA would re-number the priorities, keeping the same response times, as to not skew the current database.
SVACA's current response time performance measures are as follows:
T pe of Call Priorit # Response Times
SVACA
RFP Current
SVACA
RFP RFP
Weekends
Stray, High Risk animal bite to human or
domestic animal
1
1
30 min.
1 hour
1 hour
Stra or owned animal bites 1 1 30 min. 1 hour 1 hour
At lar a vicious do 1 1 30 min. 1 hour 1 hour
Inured animal domestic or wild 2 1 30 min. 1 hour 1 hour
Animals in distress-includes abuse and
cruelt
2
1
30 min.
1 hour
1 hour
Quarantined animal at lar e 1 1 30 min. 1 hour 1 hour
Emer enc and olice assist 1 1 30 min. 1 hour 1 hour
A enc assists not defined in Priorit 1 1 2 30 min. 2 hour 4 hour
Bite re orts 3 2 2 hour 2 hour 4 hour
Animals alive or dead on school rounds 3 2 2 hour 2 hour 4 hour
Traffic hazards 1 2 30 min. 2 hour 4 hour
Animals in tra s 3 2 2 hour 2 hour 4 hour
Welfare//Neglect Cases-animals not in
don er usuall owner education
5
2
24 hour
2 hour
4 hour
Confined stra s 3 2 2 hour 2 hour 4 hour
An calls held over 3 3 2 hour 4 hour 8 hour
Owner surrenders 5 3 24 hour 4 hour 8 hour
Dead animal ick u 5 3 24 hour 4 hour 8 hour
Re orted loose do s/ atrols 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, SVACA's current response times for the above mentioned priorities far exceed the RFP request. The
response times for calls in Saratoga for FY 2002-2003 were:
Performance
Priorit Avera a Standard lin
Level Minutes minutes
1 21.50 30
2 30.23 30
3 81.07 120
4 106.84
5 88.92 1440
'Calls with a Priority 4 are defined as'Today, per Supervisor". These calls include delivery of the Board meeting
Agenda packets.
The main criterion that differentiates a Priority 1 and a Priority 2 is that the first is generally referred to as a person in
danger or threatened; the latter is an animal.
C Response After Business Hours:
SVACA accepts the parameters of this section with exception of the following: SVACA responds to the following
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 call for service is
received by SVACA staff. Personnel are required to take their animal control unit home at the end of their shift and
are assigned their own cellular 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 calls to remove and dispose of dead marine animals/mammals. While unlikely in your
jurisdiction, SVACA has had one such call within the boundaries of one of our Member Agencies.
In addition, SVACA will inspect events with animals when necessary and/or when requested by your staff. With so
many animal rights groups protesting pertorming animal exhibits, we would want to help ensure these events within
yourjurisdiction are in compliance with any and all applicable regulations.
The annual contract fee includes the acceptance of wildlife at the SVACA facility or its contracting shelter but does
not include any negotiated agreement with the W ildl'rfe Cen[er of Silicon Valley, due to professional courtesy. Your
staff will need to negotiate this agreement separately.
E Operating Schedule
The RFP requests a lower level of service than SVACA 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 clar'rfied to mean that SVACA will provide "at cosy'
rabies vaccination clinics to the residents of your community as required by state law. In addition, SVACA will be
vaccinating certain animals in the shelter; the cost maybe passed on to the owner upon redemption or adoption.
G. Animal Licensing:
SVACA agrees to this section. However, SVACA 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 SVACA will provide at no additional charge, include but are not limited to:
• Free one-year license for animals adopted from the new SVACA Animal Shelter to new owners residing in
your community
• All animals will be accepted at the new SVACA 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
:er yruups i.. your CO;::u; :ity
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 SVACA 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: SVACA 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 SVACA 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, AdministrationlOverhead $142,181
Shelter Services 26 367
Total $168,548
The contract fee for FY 2005-2006 will not increase more than CPI-W (February) +2o~a
SVACA 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 f rst 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,
Deborah L. Biggy ~`/~
Executive Director
EXHIBIT A
1) SECTION 1-SCOPE OF SERVICES
A. SERVICES PROVIDED
For the consideration set forth herein, the Silicon Valley Animal Control Authority, herein
referred to as "SVACA" shall provide to the TOWN OF LOS GATOS, herein referred to as
"TOWN," field, licensing and sheltering animal services as described in this exhibit. These
categories of service are sometimes collectively refen'ed to herein as "Anima] Services."
Calls for animal related services which are not provided by SVACA shall be referred by
SVACA to the appropriate code or police enforcement agency of the Town, either by phone,
in writing or by electronic mail. The Animal Services shall be provided by SVACA in
accordance with al] applicable federal, state and local laws and ordinances. _
B. COMMENCEMENT OF SERVICES
SVACA shall 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. "Critically sick or injwed animals" means those animals that have life-tlu-eatening
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 anima] 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.
D. "Holidays" are New Year's Eve, New Year's Day, Easter Sunday, Memorial Day, July
4`~, Labor Day, Thanksgiving, Christmas day, and the day before and the day after
Cluistmas day.
E. "Vicious Dog" means a dog that has attacked; without provocation, hwnans 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 au
indigenous species.
3) SECTION 3 -FIELD SERVICES
A. FIELD SERV]CES - SVACA to provide annual costs for the following minimum
sewices, including vehicles, communications equipment, hardware and software requirements,
office supplies, field and administrative personnel, and airy other personnel, supplies and
equipment, reasonably required to perform the following "Field Services" within the
boundaries of the TOWN:
(1) Pick up of confined stray dogs, cats and other small 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 small animals 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;
(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 property, and handle or refer dead deer and livestock to Sa~~ .Tose Tallow for
disposition;
2
(5) Investigate complaints of animal bites or attacks on humans, including
preparation of a report, interniewing the parties involved, quarantining animals
which have bitten humans, preparing and transporting biting animals for rabies
testing and investieating alleged violations of a quarantine order;
(6) hrvestigate and refer complaints of Vicious andlor Dangerous Animals to the
TOWN Code Compliance Officer. Investigations shall include preparation of a
report and will include interviewing the parties involved, and collecting available
historical data, and testifying (at the SVACA's expense) at dangerous dog hearings;
(7) Respond to complaints of dogs rumting at large, 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) 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;
(10)Investigate and refer complaints of animal abuse or neglect.
Investigations shall include preparation of a report and may include interwewmg
the parties involved, and collecting available historical data;
(11) hwestigate 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 causing a nuisance,
except domestic animals making noise, and provide follow-up patrol if
appropriate;
(13) Respond to venomous or other dangerous snakes or bats in 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 level
that is no less than the following:
(1) PRIORITY l -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 twenh~-fom~ hours per day, seven days per
week, within one hour or less from the time the call for service is received by
the SVACA to the time SVACA'S perso~mel arrive on scene;
(2) PRIORITY 2 -Agency assists not defined as Priority l; 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 r~~eekends and holidays;
(3) PRIOR]TY 3 -any calls held over; owner surrenders, (live or dead), dead
animal pick up; reported loose dogs; and any other requests from 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 -SVACA will respond to Priority 1 calls only
afrer normal business hours, twenty-four hours per day, seven days per week; Priority 2 calls
received hetween the hours of 5:00 p.m. and 7:00 a.m. shall be responded to no later than 1 l :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 SVACA under this Agreement:
] .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. SVACA may
provide these services and charge a fee therefore as a part of its operations separate and apart
from this .Agreement;
4. Permitting or inspection of events with animals;
5. Investigation of complaints that only relate to domestic animals making noise.
E) OPERATING SCHEDULE -SVACA shall provide animal control field services to the
TOWN, responding to Priority 1, 2 and 3 calls during a ten QO) hom~ shift, Monday-Friday, 7:00
a.m. to 5:00 p.m., and during an eight (8) hour shift on Saturdays, Sundays and holidays.
4) SECTION FOUR -SHELTER SERVICES
A. SHELTER SERVICES -SVACA shall provide the following services, including shelter
facilities, licensing, supplies, animal attendants, supervisors and administrative personrel, and
any other personnel, supplies and equipment, reasonably required to perform the following
"Shelter Services":
(I) Shelter of abandoned, impounded, lost or stray domestic animals, including
owner surrendered, brought to the shelter by TOWN residents or SVACA;
(2) Quarantine of biting animals;
(3) Rabies testing of suspect animals;
(4) Provision for sun~ender and reclaim of abandoned, lost or stray domestic animals
5
during established business hours; and
~5) 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 SVACA.
B. MEDICAL SERVICES - As part of the Shelter Services, SVACA shall provide
office facilities, supplies, and professional and trained perso~mel, employed or under contract,
~ecessarv to perform the following "Medical Services":
(1) Provision of veterinarian services twenty-four (24) hours per day to treat and
provide veterinaria~~ care to stray, injwed, or sick dogs, cats, and other
impounded animals;
(2) Monitor impounded quarantined biter animals;
13) Provide vaccination services; and
(4) Have available, free of charge to the public, rabies control infonuat~on.
C, OPERATING SCHEDULES -SVACA shall provide Shelter Services for the animals
twenty-four (24) how's a day, seven (7) days a week. The shelter shall be open to the public
a minimum of thirty-five (35) hours a week, including at ]east one weekend day. The public
hours will be reasonably adjusted to meet the convenience of the users and shall be m
compliance with state law. SVACA shall provide emergency veterinary services iu
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 SVACA, or
whenever veterinary services are otherwise generally unavailable, SVACA shall c°ntat locoal
these emergency veterinary services, at no additional expense to the TOWN,
veterinary clinics or wherever emergency veterinary services are available. SVACA shall 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.
6
D. DEAD ANIMAL SERVICES - SVACA shall provide storage facilities,
disposal mechanisms, administrative persomtel, and any other personnel, supplies and
equipment required to perform the following "Dead Anima] Services":
~l) Pick up of dead animals, including wildlife, from the streets of Los Gatos, or
from 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 animal, 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 - SVACA shall maintain accurate records regarding its
performance of Animal Services for a period of three (3) years. Such records shall include
Shelter Services records regarding receipt, care, reclaim, and disposition of owner
surrendered, abandoned, impounded, lost or stray domestic animals, including names and
addresses of persons reclaiming animals, dead animal services records regarding receipt and
disposal of dead animals, and fees collected for the TOWN.
2) Inspection of Records - SVACA'S records regarding Animal Services shall be open to
inspection by the TOV~~N, upon request of the TOWN during SVACA'S regular business
hours.
3) Monthl~rt - SVACA 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
SVACA to the TOWN. This report shall include, but not be limited to, the following
information:
~a) Total number of calls for service, complaints relating to animal bites or attacks,
7
complaints relating to vicious or dangerous dogs, and other activities;
(b) Total number of licenses sold to LOS GATOS residents;
(c) Number of incoming live animals, including wildlife, brought to the shelter
(surrender and field);
(d) Number of dead animals picked up and brought to the shelter; and
(e) Number and type of animals provided medical services along with a brief
description of service.
4) Quarterly Report -SVACA shall provide, within 30 days of the end of each Quarter, a
quarterly Response Tirne Performance Standard report, for Priority 1-3 calls.
5) Yearh~ Report -SVACA shall complete and submit to the County of Santa Clara Public
Health Department the Annual Report of Local Rabies Control Activities. SVACA shall
provide ate annual report of activities and accomplishments to the TOWN.
F. PROGRAM REVENUE
1) Fees Collected by SVACA OF SAN JOSE: SVACA shall collect fees, charges, and
penalties ("Program Fees") from the public in connection with some of the fvrima] Services
it provides. These Program Fees shall be at the rates established by SVACA.
2) Payment of Program Fees: All Program Fees collected by SVACA in co~mection with the
Animal Services provided specifically to LOS GATOS, except fees collected for
emergency veterinary services which are paid to contract veterinary providers, shall be
remitted monthly by the fifteenth (15th) business day of the month immediately following
the month in which the Program Fees were collected.
3) Program Revenue Records: SVACA 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 LOS GATOS during SVACA'S regular business hours.
8
4) Monthly Fee Statement: SVACA shall provide to LOS GATOS with each monthly
G.
H.
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.
ANIMAL L]CENSING -SVACA to provide licensing activities for impounded dogs, or other
animals to which licensing is applicable that are reclaimed by their owners at the shelter.
SVACA shall provide for the licensing of all LOS GATOS dogs and cats. Such fees shall be
reimbursed to LOS GATOS on a monthly basis. All fees shall be at the rates established by
SVACA.
PAYMENT PROVISIONS
1) Timely Payments: Payments shall be made to SVACA by LOS GATOS in equal monthly
installments. SVACA agrees to invoice LOS GATOS fifteen (15) calendar days before the first
(ls`) of the following month.
2) Al] installment payments by LOS GATOS shall be due and payable in adva~rce on the first (]s`)
business day of each month and, if unpaid, shall be delinquent on the tenth (]0`s) business day
of each month.
3) Payment Amounts: The cost for sheltering services will be derived based on the
number of live domestic a~limals impounded by SVACA. The "live animal" cost incorporates
all administrative costs as well as the costs associated with medical and dead animal services.
An animal count will be agreed to between LOS GATOS and SVACA at the begim7ing of each
fiscal year. This agreed count would form the basis of the monthly billings throughout the yeaz.
The agreed count will be adjusted every six (6) months. Any overages will be separately billed
9
and any underages will be separately rebated back to LOS GATOS, and the monthly billing
amount for the next six (6) months adjusted if needed.
4) ]ns ection of Financial Records SVACA'S financial books and records pertaining to its
provision of Animal Services shall be open to inspection and audit by LOS GATOS, at our
expense, at any time during norntal business hours during the term of the agreement.
I. INSURANCE
__a, rv,,,;,,..,:„ f~,-the rlnratinn Of lh1S
SVACA, at then" SOIe cOSL ano eXpellJe, ~iiaii'"rGCI~:.:ut...:au:~._.,, ~..
1'
Agreement insura~~ce 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
2004
THIS AGREEMENT is entered into this day of
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
SARATOGA has been a member of the Joint Powers Agreement that created the
n~c___~r_n___n_:._-..i /"~.-«..,.l n~~~l.; ;;~~~, Arno 7nnn, Ll„e rn rPrPnt nano
o.ID~ :.::::::G: :_v:::: ve . _ ___.~ ___ _
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.
SAN JOSE represents and affirms that it is qualified and willing to perform the
desired work pursuant to this Agreement.
AGRE_ E_ M-ENTS
NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:
1. Scone of Services. Attached hereto and hereafter referred to as Exhibit A and
incorporated herein by reference.
2. Time of Performance. 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) y ears, after rev~ew of the scopetof servicres
thereafter, up to a total of twenty (20) y
and fee schedule.
3. Comuliance 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 al] licenses, permits,
qualifications and approvals of whatsoever nature which are legally required to
provide the desired services. SAN JOSE represents and warrants to
SARATOGA that SAN JOSE shall, at its sole cost and expense, keep~n ~S fantdor
obtain at all times during the term of this Agreement any licenses, p
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.
Information/Renort Handling. All reports, information, data, and exhibits
prepared or assembled by SAN JOSE in connection with the performance of its
services pursuant to this Agreement are confidential until released by
SARATOGA to the public, and SAN JOSE shall not make any of the these
documents or information available to any individual or organization not
employed by SAN JOSE or SARATOGA without the written consent of
c n n n •rnr_ n wof .e ,q,r~h releage. C AR ATQ(;A arknnwlerloes that the rennrfS to
be prepared by SAN JOSE pursuant to this Agreement are for the purpose of
evaluating SAN JOSE's services, and SARATOGA's use of the information
contained in the reports prepared by the SAN JOSE shall be solely at
SARATOGA's risk, unless SAN JOSE expressly consents to such use in writing.
6. Compensation. The scope of SAN JOSE's services shall 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 aone-time capita] contribution.
The one-time capital contribution will cover part of SAN JOSE's animal shelter
costs, an animal control vehicle, and overhead costs.
One-time Capital Contribution $300,000
if SARATOGA decides to retain animal control services from an alternate
provider within the first 3 years of this agreement, SAN JOSE agrees to refund
part of the contribution at $100,000 per year.
Annual compensation shall be the following for the period of July 1, 2004 to June
30, 2007:
Field and Shelter Services $]55,000 - $175,000 (contingent on other
Cities' action)
If this agreement is continued beyond June 30, 2007, as specified in Section 2,
contract rates shall adjust every three years for animal control 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 of this Agreement would require additional negotiation.
Payment shall be net thirty (30) days. All invoices and statements to SARATOGA
shall be addressed as follows:
Page 2
City of Saratoga
Attn: City Manager's Office
13777 Fruitvale Ave.
Sazatoga, CA 95070
Availability of Records. SAN JOSE shall maintain the records supporting this
billing for not less than three yeazs 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.
Proiect Manager. The Project Manager for SAN JOSE for the work under this
n ~___...;~_. -t...n ?;~ T°-:::!~.,• T~7~°^t^' r; ;., f`;ngrelh and 4t;c nrnj aet mans oPr fnr
SARATOGA shall be Assistant City Manager Lorie Tinfow, or such other
individuals designated by SAN JOSE/SARATOGA.
i. 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 SARATOGA 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 veterinazy doctors. No additional portion of these services shall be
assigned or subcontracted without the written consent of the SARATOGA. _
l0. Notices. Any notice required to be given shall be deemed to be duly and properly
given if mailed postage prepaid, and addressed to:
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 95112
or personally delivered to SAN JOSE or SARATOGA to such address or such
other address as either entity designates in writing.
11. 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
obligations under this Agreement by subcontracting but may not delegate ultimate
responsibility for performance 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 performed 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
performance or wrongdoing.
12. Insurance. SAN JOSE shall provide the following insurance provisions in Section
i o _.L,.,,.d A N...-.,.. ,.t; Tl ....: ~olc.;t fhrnn nh an arr antahla plan of cPlf
insurance.
A. Minimum Scope of Insurance:
SAN JOSE agrees to have and maintain for the duration of the
agreement General Liability insurance policies insuring SAN
JOSE staff to an amount not less than: one million dollars
($],000,000) combined single limit per occurrence for bodily
injury, persona] injury and property damage.
ii. SAN JOSE agrees to have and maintain for the duration of the
agreement an Automobile Liability insurance policy insuring SAN
JOSE staff to 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 SARATOGA before work commences.
iv. SAN JOSE agrees to have and maintain for the duration of the
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 performance of the
particular scope of work under this agreement.
B. General Liability:
SARATOGA, its officers, officials, employees and volunteers are
to be covered as insured as respects: liability arising out of
activities performed 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.
ii. 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.
iii. Any failure to comply with reporting provisions of the policies
shall not affect coverage provided to SARATOGA, its officers,
,. CC...:..1.. ..1~.. ~ouc n~ .rnh~ntenrc.
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 term of this agreement with SAItATOGA 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 SAItATOGA 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 from 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 performing work which maybe 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 of this Agreement.
Page 5
15. Governing Law. This Agreement, regardless of where executed, shall be
governed by and construed to the laws of the State of California. Venue for any
action regarding this Agreement shall be in the Superior Court of the County of
Santa Clara.
16. Termination of Agreement. SARATOGA shall have the right to terminate this
agreement with or without cause by giving not less than one hundred and eighty
(180) days written notice of termination. In the event of termination, SAN JOSE
shall deliver to SARATOGA all 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
J _1]_.___ A ._ P n n A T!1/1 A l.onr; !„ ;~; ;;?';^,l uto~ cer ~n ee~ rnntPmnlat Plj llnlj PY
_ _ _ _ ____r _-
this1Agreement 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.
17. Amendment. No modification, waiver, termination, or amendment of this
Agreement is effective unless made in writing and signed by SARATOGA and
SAN JOSE.
18. Disputes. In any dispute over any aspect of this Agreement, the prevailing party
shall 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 hereafrer made in writing and signed by
the party to be bound, shall be binding on either party.
IN WITNESS WHEREOF, SARATOGA and SAN JOSE have executed this
Agreement as of the date indicated on page one (1).
City of Saratoga by:
Dave Anderson, City Manager
Approved as to Form:
Page 6
Richard Taylor, City Attorney
ATTEST:
Clerk of the City of Saratoga,
E ,._._.,-._r:.
;.a~li;ee,; Ayer, :,,c,
City of SAN JOSE by:
Signature
Print Name
Title
Page 7
EXHIBIT A: SCOPE OF ANIMAL CONTROL SERVICES FOR SARATOGA
1) SECTION I -SCOPE OF SERVICES
A. SERVICES PROVIDED
For the compensation described in the Agreement, the CITY OF SAN JOSE,
herein referred to as "SAN JOSE," shall 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
collectively referred to herein as "Animal Services." Calls for animal related
services which are nui provided by SAi~ JOSE s'rall be refe„ed'c-y SA: J~~E iu
the appropriate code or police enforcement agency of SARATOGA, either by
phone, in writing or by electronic mail. The Animal Services shall be provided by
SAN JOSE in accordance with all 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 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.
D. "Holidays" are New Year's Day, Martin Luther King Birthday, President's
Birthday, Cesar Chavez Birthday, Memorial Day, July 41h, 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-1
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 perform the
following "Field Services" within the boundaries of SARATOGA:
i~~ p:rL „ nfrnnfnarl srra~, Anoc care and nthPr 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 animals 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 control of an anima] at the direction of a police officer on the scene;
Page A-2
(i) 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;
(j) 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;
(k) Investigate and refer complaints of excessive animals per the
SARATOGA Code to the SARATOGA Code Compliance Offcer;
(if i~espvnd tv Cviiipiain is i:I pr~%}j+e~0 '.:: u'.:,::s::U m.::::a...:.aua:::g .-
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 l - Response to stray, high risk anima] bite to a human or
domestic animal (bats, skunks, bite to human and/or pet); stray or owned
anima] 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 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 from
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 calls 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 11:00 a.m. the following day; Priority 3 calls
Page A-3
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 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 from 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 shall provide animal control field
services to SARATOGA, Monday-Friday, 7:00 a.m. to 7:00 p.m., and respond to
Priority 1, 2 and 3 calls or higher during an eight (8) hour shift on Saturdays,
Sundays and holidays.
4) SECTION FOUR-SHELTER SERVICES
A. SHELTER SERVICES -SAN JOSE shall provide the following services
including shelter facilities, licensing, supplies, anima] attendants, supervisors and
administrative personnel, and any other personnel, supplies and equipment,
reasonably required to perform the following "Shelter Services":
(a) Shelter of abandoned, impounded, lost or stray domestic animals,
including owner surrendered, brought to the shelter 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.
B. MEDICAL SERVICES - As part of the Shelter Services, SAN JOSE shall
provide office facilities, supplies, and professional and trained personnel,
Page A-4
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, free of charge to the public.
C. OPERATING SCHEDULES -SAN JOSE shall provide Shelter Services for the
animals twenty-four (24) hours a day, seven (7) days a week. 1'he shelter shall 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 shall be in compliance with state law. SAN JOSE
shall provide emergency veterinary services in accordance with Section 597f of
the California Pena] 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 generally unavailable, SAN JOSE
shall contract for these emergency veterinary services, at no additional expense to
SAItATOGA, at local veterinary clinics or wherever emergency veterinary
services are available. SAN JOSE shall 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 shall provide storage facilities,
disposal mechanisms, administrative personnel, and any other personnel, supplies
and equipment required to perform the following "Dead Animal Services":
(a) Pick up of dead animals, including wildlife, from 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 of the 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 oI Records -SAN JOSE shall maintain accurate records
regarding its performance of Animal Services for a period of three (3)
years. Such records shall 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 information:
. e.ae_.eg :_ ____..__.
(i) Tvta. nuiT,ber ::.:;..,,o ..........;...., :,V:::j:.G... c..
bites or attacks, complaints relating to vicious or dangerous dogs,
and other activities;
(ii) Total number of licenses 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 Performance 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.
(b) Payment of Program Fees: Al] Program Fees collected by SAN JOSE in
connection with the Animal Services provided specifically to
SARATOGA, except fees collected for emergency veterinary services
which are paid to contract veterinary providers, shall be remitted monthly
by the fifteenth (15th) business day of the month immediately following
the month in which the Program Fees were collected.
Page A-6
(c) Program Revenue Records: SAN JOSE shall maintain accurate records
of al] 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
r..... ~r.c.r ._ ;~.n-.::ia~ i:.. ~., c:;.~ ....fie ~•:(:o, F ~ : ,,...i P;7 ;7..v nth er animalc }n
~J r.... ...:..::. __.,,._ia c.... __: ~__ __.. ....
which licensing is applicable that are reclaimed by'their ownersVat the shelter.
SAN JOSE shall provide for the licensing of all SAI2ATOGA dogs and cats.
Such fees shall be reimbursed to SAR ATOGA on a monthly basis. Al] fees shall
be at the rates established by SAN JOSE.
H. INSURANCE
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 .IOSE, its agents,
representatives, employees or subcontractors.
Page A-7
EXHIBIT B: FORMULA FOR ANIMAL CONTROL AGREEMENT
COST INCREASES
SARATOGA shall compensate SAN JOSE utilizing the 2004-OS 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) (hereinafrer "CPUW") for the previous three years plus 1.5%,
whichever is less. These contractual costs maybe adjusted only one (1) time per 3-year period to
be effective on July 1 for the applicable fiscal year.
__~~. _ not ~x~ a.n,.......
T U iii uut a::,, w+.:.~+ :p...:.~ ::b :~- .' .. --.•••-.. °'
For years 2004-05, OS-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 Februazy 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: December 17, 2003 AGENDA ITEM: 3
ORIGINATING DEPT: City Manager's OfSce CITY MANAGER: ~~/~
---y.. -
PREPARED BY: Lorie Tinfow DEPT HEAII:, 1~~-~=A
SUBJECT: Altercate Proposal for the Commemorative Bench for Willys Peck at the
JAI aW~A ii'vrary \~.~u:iu 6..v .. ~... ~~/--. ..-j
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 80`h birthday. The Peck family offered to
contribute $2000 to the project and submitted several ideas for landscaping prepared by a
landscape architect. Council approved the special teak bench requested by the Peck family and
directed staff to work with the Library Commission on the landscaping 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 fnancial limitations and asked for input on the design within the financial
constraints given-a total of $3700 ($2000 donated by the family and the $1700 already
budgeted).
The Commission initially balked at installing anon-typical bench at the Library site for a number
of reasons. The alternate suggestion put together by Council Liaison Norman Kline, Library
Commission Chair Anne Cross and Betty Peck is to select an existing bench on which to install a
commemorative plaque. In addition, one of Mr. Peck's columns about the Heritage Orchard
from the Saratoga News will be reproduced and installed in some fashion adjacent to the bench.
Should the location of an existing bench not be suitable, a new bench will be ordered and
installed in a location 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 <jeG1510I1 would be made on the addition of the commemorative bench.
ALTERNATIVE ACTION(S):
1. Install the teak bench only
2. Implement some modified version of the plan
FOLLOW UP ACT]ON(S):
Staff will implement whatever direction Council provides.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Nothing additional.
ATTACHMENTS:
None.
2of2
SARATOGA CITY COUNCIL
MEETING DATE: December 17, 2003
AGENDA ITEM:
ORIGINATING DEPT: City Manager's Office
PREPARED BY: ~ ~r
Cathleen Boyer, City Clerk
CITY MANAGER:
DEPT HEAD:
SUBJECT: City Council Policies (Continued from 12/3/03)
RECOMMENDED ACTION:
lll.lcflL ICtl Vll CLnV w~wi ~,.......... J::J-'v U:::: L........ -_-,-
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 Boeos~an
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
chanties 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:
NJA
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 - Drafr Council Policies
SARATOGA CITY COUNCIL
MEETING DATE: December 17, 2003 AGENDA ITEM:
ORIGINATING DEPT: City Manager's Ollice CITY MANAGER:
PREPARED BY: DEPT~HEAD:
Cathleen Boyer, City Clerk
SUBJECT: City Council Policies (Continued Irom 12/3/03)
RECOMMENDED ACTION:
~ ~,,,,~~ ~er,,.~ „„,7 ;Jj.prr !`;.p;pr,jl C;;1~_rnmmittae arrnrrlinaly
. __~.~_r. 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 stafFto 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 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 ACT10N:
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
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 norms be established to define the roles, responsibilities and
expectations of the governing board and staff 1n the operation of the organization; and
WHEREAS, the establishment of rules, standards or norms by a City Council will promote
:;„,,~__s,~„~;,,~ ,,,a .nar an,ono rrten,hera of the City Council and City Staff concerning their roles,
responsibilities, and expectations for the operation of the City; and
WHEREAS, periodic review will assist each new member of the City Council to better
understand their responsibility and role as a Councilmember.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Saratoga,
State of California, that policy pertaining to Norms of Operation and Rules of Order and Procedure
for City Council is hereby established as follows:
CITY COUNCIL NORMS OF OPERATION
Section 1. OPERATION OF CITY COUNCIL MEETINGS
A. City Council Meetings shall be run following the outline listed in Section 6.B. of this
document. Each item shall be introduced by the Mayor, followed by a staff report and
either a public hearing or public comment period. After close of public comments, the City
Council will deliberate the matter Following Roberts Rules of order. The Mayor may
entertain a general discussion of the item before a motion is offered.
B. Any City Council-member, including the Mayor, may place an item on an upcoming City
Council meeting agenda under New Business.
C. No significant resources (more than three hours of staff time) shall be used by staff until the
Council gives direction on an item. The Mayor may declare an item `urgent' and request
significant resources from staff to prepare a report before the Council meeting when that
item will be heard.
D. If an item appears again in a future Council meeting, it shall be heard under Old Business.
Items placed under public hearings shall only be those that are defined by law as requiring
a special notice and a public hearing or those called by City Council on its own volition.
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 will be athree-minute limitation on
comments by the public except for applicants and appellants at public hearings or as
otherwise provided bylaw. In order to effectively enforce this rule, the City Clerk will
monitor the time for each speaker with an electronic timer. The timer will 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 shall 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
n ,,,. business nertion will he considered at the conclusion of the business portion of the
meeting, or as otherwise determined by the City Council.
G. Members of Council should not engage in debate with a member of the 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 of the 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 closed, the
Council deliberates based on that evidence. While Council may elect 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. If the Council asks questions after the final presentation of the
applicant/appellant in apermit-related hearing the Council would need to provide the
applicantlappellant with an opportunity to rebut the answers to the questions. While these
rules need not apply as strictly to hearings where due process less of an issue (i.e., an
ordinance amendment) is desirable a uniform set of rules for all public hearings and
comment periods.
I. 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 mutual respect from both Staff and Councilmembers of their 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.
C. All requests for information 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 concerns the City Manager, to the City Attorney.
D. All written informational material requested by individual Councilmembers shall be
submitted by Staff to al] Councilmembers with the notation indicating which Councilmember
requested the information.
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 permits. 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 information.
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 shall 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 information for items that are on an
agenda as long as any information is distributed to all City Councilmembers
Section 3. CITY COiJNCIL RELATIONSHIP WITH CITY COMMISSIONS
A. Members of the 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 rev~ewmg
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 of the 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 of the Council (if any). Personal opinions and comments maybe expressed
only if the Councilmember clarifies that these statements do not represent the position of the City
Council.
Section 4. CITY COiJNCIL HANDLING OF LITIGATION AND OTHER CONFIDENTIAL
INFORMATION
A. City Councilmembers shall keep all written materials and verbal information provided
to them on matters that aze confidential under State law in complete confidence to insure
that the City's position is not compromised. No disclosure or mention of information in
tl]eSe tl7ate17a15 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
pPr,rhng rlaima 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. Seating Arrangement of the City 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 ]eft 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 Councihmembers 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 arrange nameplates at the Council dais at all Council
meetings to assure this seating arrangement is followed.
B. City Council Reorganization - 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 of their respective offices immediately
upon election. The Mayor and Vice Mayor shall serve cone-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 of the 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).
C. Mayor and Council Roles -The Mayor shall act as the primary spokesperson and official
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 all
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 formal
power or authority in excess of the other members of the City Council. Rather, the person
serving as Mayor is to be recognized as the leader of the Council, or first among equals.
The Vane Mavnr shall serve and perform the functions as Mayor in the absence of the duly
elected Mayor.
D. Council Committee/Agency Assignments
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
Councihmember shall provide the City Clerk with a list of the 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 information from 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 information 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 information 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 information in forming 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, if need 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.
F. Issuing Proclamations and Commendations
A proclamation is prepared at the d~scretron 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 maybe
issued for accomplishments such as:
• Athletic/academic accomplishments
• Act of heroism
• Youth Accomplishments
• A Community Organization's Citizen of the Year
c .. . ............ .t~ .~....~...._.. ., ~__
• Outgoing elected officials
• Outgoing City Commissioners
Commendations 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.
Section 6. RULES OF ORDER AND PROCEDURE FOR CITY COUNCIL MEETINGS
A. Time of Meetings
Regular meetings of the City Council shall be held on the first and third Wednesday of each --
month in the Civic Theater commencing at 7:00 p.m. Special meetings shall 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.
B. Order of A eg nda
The following is the usual order of agenda items for regular Council 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 Citv Commissions -Reserved time for Commission members to meet
with the City Council for their yearly update.
• Closed Session - hnmediately following open session, the Council adjourns to closed
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.
• 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.
• Call to Order -the Mayor calls the regular meeting to order.
• Pledee of Allegiance -The Mayor may lead or call upon a member of the public or staff
to lead the pledge.
• Roll Call - A quorum constituting 3 of the 5 members of the Council is required to
conduct any Council meeting. The City Clerk calls the roll.
• Report of Posting of the Agenda -The City Clerk reports on the posting of the agenda as
required bylaw.
• 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
6J l~~l. 111V0.~1J lvl u\.vu~u u~ u~.v~~a v~~-auu~~ii~b, ». v... ~j ~. w~ ~r .-Y--»~. "' 1'
Comment shall be limited to three minutes for members of the public who wish to speak
• Communications from City Commissions -Reserved time for Commission Chairs to
report infotmation to the City Council or request direction.
• Written Communications -Generally, written communication not pertaining to item(s)
on the agenda and which is received by the City Clerk 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 follow up on
Oral/Commission Communications.
• Announcements -Reserved time for the Mayor to make special aimouncements.
• 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
Council on special items.
• Consent Calendar-These items are routine and non-controversial items of business. Items
in this section will be acted in one motion, unless removed by the Mayor or a
Councilmember. 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 of memorializing the decision to
assure the accuracy of the findings, the prior vote, and any conditions imposed.
• Public Hearings -There are two kinds of public hearings, those required by law and
those called by the City Council of its own volition. In either event, the purpose is to
provide an opportunity for all interested persons to be heard.
Applicants/Appellants and their representatives have a total of ten minutes maximum for
opening statements. Members of the public may comment on any item for up to three
minutes. Applicant/Appellants and their representatives have a total of five minutes
maximum for closing statements
• Old Business -These are general items, which have been considered by the Council at a
previous meeting.
7
• New Business -These are general items, which have not been previously considered by
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 on, items not currently before the Council for consideration.
City Manager Items -City Manager or City Attorney may bring up other items of imerest
or make announcements under this section.
Adioumment-The Mayor may adjourn the meeting to a date specific If no date specific
is amrounced, the next meeting will be the next regularly scheduled Council meeting.
C. Dism tive 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 which dismpts,
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 terminating the citizen's
comment period. Continued inappropriate behavior or comments, after having been directed to
discontinue, also shall be grounds for removal from the meeting. Council shall not be
belligerent or make disparaging commentary toward the speaker. Nothing in this section shall
prohibit or discourage orderly criticism of any City decision or policy within the limits of these
rules. If a member of the public fails to follow these roles after being warned once, the Council
may baz that individual from further testimony for the evening or remove the person from the
meeting.
The above foregoing resolution was passed and adopted by the Saratoga City
Council at a regular meeting held on the 17th of December, 2003 by the following vote:
AYES:
NOES:
_ABSE'_`:T:
ABSTAIN:
Ann Waltonsmith, Mayor
ATTEST:
Cathleen Boyer, City Clerk
SARATOGA CITY COUNCIL
MEETING DATE: December 17, 2003
ORIGINATING DEPT: City Manager's OTfice
PREPARED BY:
Cathleen Boyer, ty Clerk
AGENDA ITEM:
CITY MANAGER: ~~G%~--
DEPT HEAD:
SUBJECT: Commission Vacancy Update and Proposed Interview Dates
(Continued from ]2/3/03)
REf iVlvllvlr:i~lll.ii FVi, i iiii~:
Accept report and direct staff accordingly.
REPORT SUMMARY:
On April 1, 2004 the following commissions will have a significant number of vacancies due to
expired terms or resignations: Arts Commission (3), Heritage Preservation Commission (4),
Planning Commission (1), and Public Safety Commission (4).
Furthermore, on July 1, 2004 the Youth Commission will have 10 vacancies:
In an effort to allow Council to make personal scheduling arrangements and in order to fill these
vacancies in a timely matter staff is requesting approval form 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 normal 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 internews.
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`h, and May 25`h.
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 Bulletin Board.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
N/A
ATTACHMENTS:
Attachment A -City Roster
2 of 2
Ciry of Saratoga/Council-Commissions List
Public Distribution
12/2/2003
ARTS COMMISSION -Meets 2" Monday 1-3p.m. -
Communit 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
14003 Chester Ave.
19880 Lark Way
14275 Saratoga Ave.
14950 Gerneil Ct. (Home) 867-2919
(Home) 867-4490
(Home) 867-2701
(Home) 354-4622
Home) 255-9908
(Home) 867-3156
P.O. Box 2898
FINANCE COMMISSION -Meets 3rd Monday 7:OOp.m. -
u.,n _ Tesse
(10/OS) Allen, Richard (Chair)
(10/07) Chin, Simon
(10/OS) Hughes, Jim
(10/06) Narain, Ajay
(10/06) Ruebenson, W. Bart
(10/OS) Tennant, Alex
(10/07) Siegler, Norman
Ctaff T iaisnn
(Home) 867-4556
(Work) 867-2885
(Home) 252-2629
] 8596 Arbolada Way (Home) 354-4148
(Work) 739-4900
(Work) 355-2319
14565 Chester Avenue (Home) 867-8232
(Home) 867-7023
HERITAGE PRESERVATION COMMISSION -Meets 2" Tuesday 9:OOa.m. -
Hutton House -John Livingstone Staff Liaison
(04/06) Bailey, Patricia
(04/04) Ballingall, Phylis (Chair)
(04/06) Corrado, Pau]
(04/06) Vacant
(04/04) Koepernik, Norman
(04/06) Lowdermilk, Tom
(04/04) Peck, Willys
(Home) 867-4001
(Home) 867-3150
(Home) 741-1436
(Home)
(Home) 971-9636
(Home) 867-4918
(Home) 867-3156
LIBRARY COMMISSION -Meets 4t Wednesday 7:OOp.m. -
City Hall Lori Burns Staff Liaison
(10/06) Chandra, Bobby
(10/OS) Cross, Anne (Chair)
(10/OS) Foscato, Cathy
(10/04) Lipstein, Ruth
(10/06) Grover, Pragati
(10/04) Johnson, Donald
(10/04) Manzo, Marcia
18595 Woodbank Way
19984 Wellington Ct.
(Home) 867-3595
(Work) 868-6209
(Home) 867-1444
(Home) 354-7159
(Home) 867-4461
(Home) 741-9100
(Home) 257-6475
(Home) 867-8605
City of Saratoga/Council-Commissions List
Public Distribution
1212/2003
PARKS & RECREATION COMMISSION -Meets lst Monday 7:30p.m -
City Hall - Cary Bloomquist Staff Liaison
(10/07) Bruno, Vita
(10/OS) Deimler, Logan (Vice Chair)
(10/06) Dodge, Sandra
(10/OS) Frazier, Angela
(10/OS) Gates, Gregory (Chair)
(10/06) Sanquini, Anne
(] 0/07) Soukoup, Thomas
14320 Springer Ave.
14649 Oak St. #5
(Home) 234-0554
(Home) 741-5688
(Home) 867-0639
(Home) 865-1630
(Home) 370-9620
(Home) 868-9757
(Home) 257-6692
PUBLIC SAFETY COMMISSION -Meets 2" Thursday 6:30p.m. -
(`;ty Nall _ Tlanielle. $iirriin, Staff T,iaison
(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
(Hdme) 867-1849
(Home) 867-9889
(Home) 257-5418
(Home) 291-8007
(Home) 741-8118
(Home)
YOUTH COMMISSION -Meets 2" Tuesday 7-9p.m. -
CityHall -Taffy Lowery, Staff Liaison
(07/05) Baker, Phillip (Home) 867-0150
(07/04) Ballingall, James (Home) 867-0927
(07/04) Burke, Kelly (Home) 867-4548
(07/05) Byrne, Michael (Home) 867-3004
(07/04) Farnum, Valerie (Home) 741-8511
(07/05) Gupta, Tonya (Home) 446-0302
(07/04) Jayakumar, Shruti (Home) 741-8183
(07/05) Klaus, Jessica (Home) 255-6677
(07/04) Lee, Joanna (Home) 741-4810
(07/04) Luskey, Jackie (Chair) (Home) 741-2233
(07/04) Maltiel, Tami (Home) 446-3040
(07/05) Rezaii, Elli (Home) 395-3124
(07/05) Schwartz, Elise (Home) 867-2031
(07/04) Sclavos, Ted (Home) 872-8300
(07/04) Skelly, Conner (Home) 867-6636
(07/04) Wu, Deborah (Home) 973-9578