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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 ,~, 7 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. 2 Tom Marinette noted that he was concerned about the home that is under construction across the street from his property. Mr. Marinette noted that during the 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 10 William Brooks noted that he supports the proposed trail. Mr. Brooks stated that Saratoga already has a trail system that goes along or besides many properties in Saratoga and they have not lowered property values nor have they increased crime _ in the City. 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 N O N N O o A ° u m ~~ .n+ A A ° mO ° o o o N ~z~HOm :.o o p NN o w ~ w ~ Z m ~ KG] ~0 N NN ON~ Y 00 r jN o m mut O N W ~' ~ v' A O ~ O~ Y p E N T ° Oro m O N N W N lli N N O J W N N m r X 4 4 Z ,Z n y Z K ~ m L) A <~ ~ W ~ m YY ~ ~ y 3 H O m Z A Lq"' m ~ O~ O `n u. ~ '[ m b m C n c~ o m <o ~ Oc'~ A m ooom om o h oK m OA~b N v o 000 a aq O ooH oA N~ N u O o ~ 0C Z i m A O N N N N J N J N m N Jm N n e 3 m A 5 ~ ~ a w M Y C mm mA m N., _ ~ zm t y. 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NUaN yyFNyy VI U+VI OrIJ 2 RyI %n 2 Vbl N ~ Ul NT CCCnCnCnC YAK YP CO y K tnm K A A ~HN ~O 000 H000000 m '.dA [C'1 KyHy ~ 00 ~ K m C bbl Ot3*J trS m m CbC~ m CMC ~ iHj3 oLb" A A A A A A A A A Z mm Z b Z AA Z 41 '~ Y O rMim p m O 2 O Z ~~ O O ~~ 0 H 0 O m A O mM A O A O ~ Z w ry M^IM ^f M MMMM O A 'OA OMIm A O A m A N p A N m m m m m m m m I9 F m UI m H '~ mmm mmmm mm H ~\ O O '3 'K H Om H 5 H O °y £ Oy O .O-] m Lbi H m .Oj H H H "3 q q n b A m b >' b ~ b C N [' m C C [' ~ r r M A N • i i n r r A a A J N j N j N " b a lNl~ Y N m A A N U N N Vi N N O N IP n m O O O O O N O O a A N ,p m IJl1 N O O O O m M 3Z C A m b mi i m m N N C m d J ZZ xzai~ ~it~ ~CindaQ uenciinS uuy ~i `pa?itucgns ~iiin3iaadsag 'LU'd Sb~ i i iz pauznoCpE ~u?iaauz aui pazEiaap 1?az1S zo~Cey~ `ssautsnq zauym3 ou ~utaq azagy ,tu~IninRlnora~ auoN y2IOd~2I S<2I~Ot~I~iF~IAi AS.I~ auoN 2I~H,LO 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 ., w w N w a A a za w ~ '°' " F ~~ m n m m m m e m m n n ° a c e a q~; w N .i N .n .i n w ~£ # m m ~ S X w x u 0 o H « z w~ u u m a a a a u u a a a o a a a s a a a w a ya,, a w 4 4 Z F F F E F w F U F ~ rNwi H F U U i~ F 4 F >> F O F F O ZI 2 z Uz O a O a K O a O O 2 O O T S ~ £ N U• OF y ; W W F C K 4 F w F y y F w F F q Q Z a s a K 4 U a O a a w a a K a a ~ a a a a a O~ w w A x x> O F ^ 4 Q ^ a ^ N N ^ F O O 2 Z ^ U ~ N Z a o F; w w ~ a s u. g w ~ o o m o w a .Qi w w ~ s g o o w w w x w > N £ a ~ a a > 0 0 0 > „ > a a > ~x > a > > z > m > > > o\ w... as w" F rr m rca m °z aw Fay uu www a wm a a\ ~w~ P^ UUU aw as w ~~ aP. 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W > > ry WOF~Z oe o a ~ u > ~ w o n N rv o~ m e m .o o .. 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. 11 15-50.080 Determination on permit. (a) Criteria. Each application for a tree removal pruning or encroachment permit shall be reviewed and determined on the basis of the following criteria: (1) The condition of the tree with respect to disease, imminent danger of falling, proximity to existing or proposed structures and interference with utility services. (2) The necessity to remove the tree because of physical damage or threatened damage to improvements or impervious surfaces on the property. (3) The topography of the land and the effect of the tree removal upon erosion, soil retention and the diversion or increased flow of surface waters, particularly on steep slopes. (4) The number, species, size and location of existing trees in the area and the effect the removal 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 J •V C O A C F m W O1 r U_ ~ N ~ °' a c7 0 U ~ Z c Q o F O N c W o U U axi a z n J a C Q O ~ f t .i b w iLL a G ~ v n N W F- W ~ W w Z _ ~ a W J a Q 2 H 0 m J a W I_- ^ .+ _ m N W ~ Q a ~' p m = V o N W u`°. ~ ~ N O A ~ ~ E 0 LL a Q ° m a O 5 d ~ G ~ fn ~ w O F- E u'~ :° O c O p m U m m r Q A F E p N ~ W N W m U d ~ c n. c F- W I2 0 0 c~i 0 o° N m 0 ~, i ~ i tr0 V ~ M °o~ I °o~ I °o ~ ~ m N 1A 0 °o' N ° ~i ~ m ~ v a ,A m m ~O o a m ~ ~ ~ m ~ J F o ~9 a m W ~ F U~ C o C o Q z o. _ rn o c 'a .n p.' ~ °- O O ~ N o w Z' d ~ J W N D :~ ~ .~ 0 6 0 _O N LL U 1.1 ~' ~ O Y 0 m O O= O C O m O~ W aEi m a~'i d ~ ~ Q oar ~~ ~~ m N ~ ~ ~ J J J _ m Z ~ ~ Q F ~ O H N O W ~ m Q ~ ~ w C7 ~ z m ~ ~ ~ r ~ M v a ~ z w 6 K a Z Q H a O w Z W U '"~ Z Q F- W 2 H J a W H 0 w d m ~ W a Q ~ O m - O tj N W `0 LL ~ = a ~ O N ~ ~ a 0 d m a ~ LL Q ~ Q ~ 0 5 r a o ~ ~ Z ~ N E c 0 ° u', O t- ~a a m U m m J ~ w N C f ~ ~ ~ F ~ t0 C m °~ ~ W U ~ N d _ ~ ~ c a U ~ 2 7 ~ Q 0 °o 0 °0 0 0 G r ° ~ °° ~ ~ w ~ fA ~ ~ U 7 ` N W V U d K F W j C Q O F 7 O c N c W o U U axi d a F a - O O M O I p r N i+~ ~ b9 H °: Q m F ~ O N F w w d U c d c F w z m 0 o I 0 ~ ~ ~ o N M ~ ~ a o ~ a ~ ~ W d ~ J ~ ZO ~'~ Q Iw- ~ _ ~ a ~ m o z R o c a W °' O m W as ~ ~ Q D -O ~ LL U + O O EO 'C m 0 3 0 ~ W E C N ~ N O a~ ~ t m Z ~ N J m J f W O Z ~ ~ ~ ~ ~ m ~ ~ w ~ o z m ~ r N J ~ m ~ JQ th Z F- a O J (~ Z Y Q a W H J a W F- U m d W ° a` Q ~ o m ~ O ~(j N W ~ N r ~ O N A 9 O d N a ~ LL Q ~ o C7 Q ui Q O ~ ~ ~ K Z °, ~ N E of o~p N ~ ~ m U m m Li J a O 0 v 7 w W U J a 0 O 0 o I °o ~ ~ ;A w ~ I~ W Z 7 c Q O F 7 Q w N C W o U U x ~ o. a H 2 J ~ G 0 C 0 •+C- ~ ` W U O M °' a C7 0 U °o 0 N 0 0 ~ N N ~ ~ ~ :: m F E p N ~ W w a U c ~ a c H w z N L N en rn 0 N ~ a ~ m m m i» f9 m ~O o a°i ~ n ~ u W a d - J 2 U ~ W ~ $ m m Q F _ rn o Z a ~ ~ c ° W U u~i c~ y, J W as - Q Q N C m O ,~ U ~ LL ~ O O Y m O 3 O ~ w r N O a16i ~ ~ m N 0 Z J N J m J F W O z ~ ~ ~ ~ ~ OD ~ w o z m ~ W N W Q ~ m ~ JQ V 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 s'~It ' ', r, ?~ ~ ! ~ .. ;„ ------ 1 ~ ` J35 n.l T I R~ 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 ~_ N WF S \~ ~/ /{ ,~~~///~ C :: S', o..cmu aar~zaie G: O ~^~ „, L ar ram M~ Mn° 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 p~D[~~TG°~~Q[n~ r_~ BLANK OUT FLASHING SIGN ~G~ ~G°3O~~Mn9Qd~ 1 a' 5.5'SPECIAL SIGN PANEL hEU IN XWALK '` 3.5' WHEN LIGHTS ® FLASHING 36" W66 12" YELLOW FLASHING BEACON _ ~ - 20' TRAVEL LANE xx m smr Detail B CALTRANS TYPE 9 CANTILEVER FLASHING BEACON WITH SPECIAL SIGN PANEL OR BLANK OUT FLASHING SIGN . r ,m..«. Fehr & Peers Associates 200W STREET LIGHT BLANK OUT p~D~~~~~Q~ FLASHING SIGN FlUvI ~~O~~G~IG1da 5.5' T ~ _ .. ~•:•r:: ~ rtLi iii /~VVHLn 3.5' WHEN LIGHTS ® _ FLASHING 20' SPECIAL SIGN PANEL 30' 12" YELLOW ---' FLASHING BEACON TRAVEL LANE 36" W66 • • 20' Detail C CALTRANS TYPE 19-4-129 WITH FLASHING BEACON AND SPECIAL SIGN PANEL OR BLANK OUT FLASHING SIGN Fehr & Peers Associates m tt N_ 0 u 0 i33als rdo J ~' ~ W ~ ~ f- U' Z~ U C~ Z_ O U Z Q ~' H w O w d U G " Vi o WU c 0 h ~ N a Q R N a W W P. c4 x o W r w `~ `~F~ ' 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