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HomeMy WebLinkAbout03-17-2004 City Council Agenda Packet~~~... AGENDA REGULAR MEETING SARATOGA CITY COUNCIL MARCH 17, 2004 ARCHIVE COPY OPEN SESSION - 5: 30 P.M. JOINT MEETING WITH PLANNING COMMISSION CLOSED SESSION- 6:30 P.M. -ADMINISTRATIVE CONFERENCE ROOM, 13777 FRUITVALE AVENUE ANNOUNCEMENT OF CLOSED SESSION ITEMS CALL MEETING TO ORDER - 6:30 P.M. ANNOUNCEMENT OF CLOSED SESSION ITEMS ADJOURNED TO CLOSED SESSION - 6:30 P.M. Conference with Legal Counsel -Initiation of litigation (Gov't Code section 54956.9(c): (1 potential case). Conference With Legal Counsel -Existing Litigation: (Government Code section 54956.9(a)) Name of case: City of Saratoga v. Escamilla (Santa Clara County Superior Court No. 1-03-CV-00531) Name of case: Saratoga Union School District v. City of Sazatoga (No. CV803595) Conference with Leal Counsel -Consideration of Liability Claims (Gov't Code 54956.95): Claimant: Claim of Fireman's Fund Insurance Company (Subrogee for Mauch Trucking, Inc) (Claim No. GL-055216)) Agency claimed against: City of Saratoga Claimant: Leah Faith Hawkins (Claim No. GL-055394) Agency claimed against: City of Saratoga 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 Mazch 11, 2004) COMMUNICATIONS FROM COMMISSIONS & PUBLIC Oral Communications on Non-Aeendized Items Any member of the public will be allowed to address the City Council for up to three (3} minutes on matters not on this agenda. The law generally prohibits the Council from discussing or taking action on such items. However, the Council may instruct staff accordingly regarding Oral Communications under Council Direction to Staff: Communications from Boards and Commissions The City Council will receive reports from the Boards and Commissions listed below and may provide direction regarding matters to be considered by those Boards and Commissions. Recommendations from Boards and Commissions requiring City Council approval are considered as independent agenda items. Report from the Planning Commission. Written Communications None Oral Communications -Council Direction to Staff Instruction to Staff regarding actions on current Oral Communications. ANNOUNCEMENTS The City is advertising for volunteers to participate on a citizen advisory committee for the General Plan Land Use Element update. It is anticipated that the committee will meet over atwo-year period with monthly or bi-monthly meetings. Interested persons should contact the Community Development Department for more information. CEREMONIAL ITEMS 1. Proclamation Declaring April 6, 2004 "Tartan Day" Recommended action: Read proclamation. SPECIAL PRESENTATIONS None 2 CONSENT CALENDAR The Consent Calendar contains routine items of business. Items in this section will be acted in one motion, unless removed by the Mayor or a Council member. Any member of the public may speak to an item on the Consent Calendar at this time, or request the Mayor remove an item from the Consent Calendar for discussion. Public Speakers are limited to three (3) minutes. 2A. Review of Check Register Recommended action: Approve check register. 2B. Mid-Year Review and 3rd Quarter Budget Amendment Recommended action: Accept report and approve 3`d Quarter Budget Amendments. 2C. Claim of Fireman's Fund Insurance Company (Subrogee for Mauch Trucking, Inc.); Claim No. GL-055216 Recommended action: Authorize ABAG to reject claim. 2D. Claim of Leah Faith Hawkins; Claim No. GL- GL-055394 Recommended action: Authorize ABAG to reject claim. 2E. Second Reading and Adoption of Amendments to Article 14, 15 and 16 related to the Various Sections that Deal With Storm Water Runoff (NPDES); Amendments to the Subdivision Ordinance (Article 14) Sections that Deal with Lot Line Adjustments; Amendments to Article 14 to Remove Remaining Sections Dealing with Building Site Approvals (BSA) from the Subdivision Ordinance Recommended action: Waive second reading and adopt the ordinance directing staff to publish summary of the ordinance. 2F. Adoption of Standardized Emergency Management System (BEMs) Multihazazd Functional Plan Recommended action: Adopt SEMS Multihazazd Functional Plan. 2G. Council Agency Assignments and Commission Liaisons Recommended action: Adopt resolution. 2H. Celebrate Saratoga 2004 -"Fun Zone" Sponsorship Recommended action: Approve sponsorship of "Fun Zone". PUBLIC HEARINGS Applicants/Appellants and their representatives have a total of ten minutes maximum for opening statements. Members of the public may comment on any item for up to three minutes. Applicant/Appellants and their representatives have a total of five minutes maximum for closing statements. Items requested for continuance are subject to Council's approval at the Council meeting. Expand the City of Saratoga's Urban Service Area Boundazy to Include Two New Parcels, APN 503-48-029 And APN 503-48-028. The Area has Already Been Prezoned as a Residential Open Space District (ROS) and has the General Plan Designation Of Hillside Open Space Recommended action: Adopt resolution requesting the Local Agency Formation Commission (LAFCO) expand the City of Sazatoga's Urban Service Area Boundazy to include two new parcels. OLD BUSINESS 4. Animal Control Service Agreement with the City of San Jose Recommended action: Authorize City Manager to execute agreement; provide direction to staff regarding funding for Wildlife Center of Silicon Valley. 5. Relinquishment of Village Sidewalks Recommended action: Approve drafr Cooperative Agreement with the State of California. 6. Five year (2001-20060 Capital Improvement Plan (CIP) - CIP Budget Prioritization Recommended action: Accept report and direct staff in regards to C1P currently on hold. Grant Writer Service Provider Selection Recommended action: Authorize City Manager to execute professional grant writing service agreement. NEW BUSINESS Colon Cancer Challenge Options Recommended action: Accept report and direct staff accordingly. AGENCY ASSIGNMENTS Mayor Ann Waltonsmith Hakone Foundation Liaison Santa Claza County Cities Association Saratoga Historic Foundation Sister City Liaison 4 Vice Mavor Kathleen King Chamber of Commerce County Cities Association Legislative Task Force SASCC Liaison Valley Transportation Authority PAC Councilmember Stan BOQOSlan County HCD Policy Committee Emergency Planning Council KSAR Community Access TV Board Northern Central Flood Control Zone Advisory Board Councilmember Norman Kline Association of Bay Area Government Library Joint Powers Association Peninsula Division, League of California Cities SBDC (Unofficial) Nick Streit Santa Claza County Valley Water Commission Silicon Valley Animal Control JPA (SVACA) West Valley Solid Waste Joint Powers Association West Valley Sanitation District CITY COUNCIL ITEMS OTHER CITY MANAGER'S REPORT ADJOURNMENT In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this meeting, please contact the City Clerk at (408) 868-1269 or ctclerk@saratoga.ca.us. Notification 98 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, Cathleen Boyer, City Clerk for the City of Saratoga, declare that the foregoing agenda for the meeting of the City Council of the City of Saratoga was posted on March 11, 2004 at the office of the City of Saratoga, 13777 Fruitvale Ave., Saratoga, CA 95070 and was available fgr!~ublic review at that location. The agenda is also available on the City's of March 2009 at Saratoga, California. CITY OF SARATOGA CITY COUNCIL MEETING CALENDAR 2004 4/7 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 Librazy Commission 7/21 Regular Meeting 8/4 Regular Meeting 8/18 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 1211 Regular Meeting 12115 Regular Meeting -Council Reorganization 6 SARATOGA CITY COUNCIL MEETING DA a ~~~. -~ ORIGINATING DEP~: City Manager's Office CITY MANAGER: TE• M rch 17 2004 AGENDA ITEM: PREPARED BY: DEPT HEAD: SUBJECT: Proclamation -Declaring April 6, 2004 "Tartan Day" RECOMMENDED ACTION: Read proclamation. REPORT SUMMARY: None FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: City Clerk will mail proclamation to Mainini Leah Cabute, Public Relations Aide to Pete McHugh, Supervisor, District 3 Santa Clara County. ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: Attachment A - Proclamation Attachment B -Letter from Supervisor Pete McHugh CITY OF SARATOGA PROCLAMATION DECLARING APRIL 6, 2004 `TARTAN DAY" WHEREAS, Tartan Day is celebrated on April 6th each year, since that was the date of the signing of the Declaration of Arbroath in 1320, that asserted Scotland's sovereignty over English territorial claims, and that had an influence on the American Declaration of Independence; and WHEREAS, Tartan Day`honors Scottish Americans numbering over eleven million in the United States in 2001, making them the eighth largest ethnic group with over two hundred organizations of Scottish heritage, tradition, and' culture; and WHEREAS, Tartan Day celebrates the vibrant and influential role that Scottish Americans have played in the fields of science, technology; medicine, government,'politics, religion, economics, architecture, literature, media, and the visual and performing arts;. and WHEREAS, Tartan Day was first observed nationwide in the United States on April- 6th, 1997, and Scottish Americans continue to celebrate the day annually with the rallying of clans, societies, and clubs; and WHEREAS, Tartan Day festivities include the wearing of kilts., which has long been the most recognizable cultural tradition of the Highland Scots, the blessing,. of the Tartans; parades, bagpipe bands, Highland and country dancing, historical re- enacting, Scottish athletic events, whisky tasting, and much more Scottish entertainment. NOW, THEREFORE BE IT RESOLVED, that the City Council of he City of Saratoga does hereby proclaim aiid recognize April 6, 2004 as "TARTAN DAY" WITNESS OUR HAND AND THE SEAL OF THE CITY'OF SARATOGA on this 17~` day of March 2004. Ann Waltonsmth, Mayor Saratoga, California SARATOGA CITY COUNCIL MEETING DATE: March 17, 2004 AGENDA ITEM: ORIGINATING DEPT: Administrative Services CITY MANAGER: `~ ~` PREPARED BY: Karen Caselli DEPT HEAD: SUBJECT: Check Register: 3/11/04 RECOMMENDED ACTION(S): Approve the Check Register. REPORT SUMMARY: Attached is the Check Register. FISCAL IMPACTS: None CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): None ALTERNATIVE ACTION(S): None FOLLOW UP ACTION(S): None ADVERTISING, NOTICING AND PUBLIC CONTACT: None ATTACHMENTS: Check Register Certification. Fund# Fund Name AP CHECKS A95769-95905 001 GENERAL 100 COPS-SLESF 110 Traffic Safety 150 Streets & Roads 1g0 LLA Districts 250 Dev Services 260 Environmental 270 Housing 8 Comm 2g0 Recreation 291 Teen Services 2g2 Facility Ops 293 Theatre Surcharge 310 Park Develpmt 320 Library Expansion 351 Public Safety 352 Infrastructure 353 Facility 354 Park and Trail 400 Library Debt 420 Leonard Creek 720 Cable N 74p PD #3 800 Deposit Agency PAYROLL CHECKS: 629776-29802 TOTAL Date Manual Void 3/11/2004 Checks Checks 318,581.62 51,179.91 275.80 19,638.99 5,799.70 26,964.82 124.03 27,121.74 1,500.00 (60.00) 1, 047.40 160.00 1,295.00 511.76 2,709.06 2,216.13 406,286.05 52,839.91 Totat Prepared by: Date: ~~~ ,~ '- 3-// o~ Apr-99 ° w a m m w a a 5 wa N C C O O F F I' ~ VI N rvi „I m m O a o ry b ~ O O N Y1 YI ul N e r m m ° e r e ° O ~ ti n N N C N b N N Y ? 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W O ~ aq iY o. U' U p. a U ~ V Z ~ E N 0 4 Q 0 0 F F Y N V X 41 U U x U ZN 4 \ Gl ~ 4 ~] a SARATOGA CITY COUNCIL MEETING DATE: March 3, 2004 AGENDA ITEM: ORIGINATING DEPT: Administrative Services CITY MANAGER: z3 PREPARED BY: Jesse Baloc~~_ DEPT HEJ SUBJECT: Mid-Year Review and 3rd Quarter Budget Amendments RECOMMENDED ACTION(S): Accept Report and Approve 3`d Quarter Budget Amendments. REPORT SUMMARY: Early June 2003, the 2003-04 operating budget was approved by Council, which projected a general fund surplus of $427k. Late June 2003, Governor Davis pulls the VLF Trigger increasing motor vehicle license fees back to their 1998 level of 2% affecting vehicle registrations due Oct 1, 2003, and thereafter. During this gap period, from when the trigger was pulled and October 1, 2003, the State did not provide backfill support funding to local governments, including Saratoga. The current backfill loss of $576k is considered a loan to be repaid in 2006. As a result, it is necessary for the City to revise its revenue budget by the current year takeaway. With the recent passing of Proposition 57 & 58, which approved the States one- time Economic Recovery Bonds, further takeaways will be limited for the remainder of the fiscal year. To-date, the rest of the City's operating revenue streams have been reviewed. The current sales tax budget represents 13% of the general fund operations. Over the past two years, sales tax has declined by more than 17% and is expected to decline another 8% from last fiscal year. However, it is anticipated that property tax may provide some offset to the decline in sales tax. Based on County year-to-date information, the current growth rate is higher, as compared to the current budget over prior years actual. At this time, the additional property tax plus other revenues are anticipated to provide an offset to the shortfall in sales tax. In February 2003 last fiscal year, the City received grant funding for the purchase of technology safety equipment from the CA Law Enforcement Equipment Program (CLEEP) in the amount of $20,044, which has been held in reserve. Last fall 2003, the Sheriff's Office proposed a spending plan that would use the available funds for public safety benefit, as required by the grant. The Sheriffs Office is now ready to purchase video editing equipment and a computerized finger print system, which totals approximately $8,425. The amount of $8,425 is recommended for appropriation from reserves for the grant-supported purchase. On the expense side of operations, no material expenditures have been identified as having an adverse impact to available appropriations at the fund level. No amendments are proposed for the City s other operating funds. FISCAL IMPACTS: The general fund revenue budget is revised to reflect the additional VLF takeaway by the State ($204k). Expenditures are revised to reflect the use of reserves for a technology safety equipment purchase ($8,425). The following summary highlights ls` quarter amendments and 3`d quarter proposed amendments to the General Fund operating budget: General Fund Analysis (in thousands) Beginning Fund Balance, July 1, 2003 Projected 2003104 Operations 1st Qtr budget Adiustments: VLF Gap Loss (loan till 2006) Legal Settlement 2003-04 Net Adjusted Adiustments Operations Fund Balance $5,211 $427 ($372) (97) Subtotal (469) (469) 3rd Qtr budget Adiustments: Additional VLF Gap Loss (loan till 2006) ($204) Use of Technology Reserves ($) Subtotal (212) (212) Projected 2003-04 Net Operations ($254) ($254) Projected Fund Balance, June 30, 2004 $4,957 The following is a summary of al] general fund reserves, which is approximately 52% of the Citys expenditure budget. General Fund Reserves (in thousands): Operating 2,367 Economic Uncertainty 1,500 MIS & PERS 260 2002/03 Carryover 592 Undesignated 238 4,957 2of3 CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): Operating budget will not reflect the more current and material information. ALTERNATIVE ACTION(S): N/A. FOLLOW UP ACTION(S): Continue monitoring the States budget process, ongoing operations and its impact on Saratoga finances. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENT(S): Anachment A -Resolution Amending the 2003-04 Operating Budget. Attachment B - SherifF s Office request to use CLEEP grant reserves. 3 of 3 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA AMENDING THE 2003/04 OPERATING BUDGET TO REFLECT THE STATE BUDGET PROCESS AND THE USE OF PUBLIC SAFETY EQUIPMENT GRANT FUNDS. WHEREAS, In January 2004, the State revised the projected take-away of current year VLF backfill from Saratoga, a loan to be repaid in 2006, by an additional $204k; and WHEREAS, the Sheriffls Office would like to utilize CA Law Enforcement Equipment Program (CLEEP) grant reserves for the purchase of equipment that will provide a public safety benefit, in accordance with the provisions of the grant. NOW, THEREFORE, the City Council of the City of Saratoga hereby approves as follows: The following amendments are to be made to the City's General Fund: Revenues Amount Reason Vehicle License Fees ($ 204,000) VLF Take-away from State Budget Process Expenditures Amount Reason Police Services $ 8,425 Purchase of Public Safety equipment using CLEEP _. grant funds currently held in reserves The above and foregoing resolution was passed and adopted at an adjourned meeting of the Saratoga City Council held on the 17`h day of March, 2004 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Ann Waltonsmith, Mayor ATTEST: Cathleen Boyer, City Clerk County of Santa Clara Office of the Sheriff -~ 55 Wesi Younger Avenue San Jose, California 95110-172] (408) 806-4400 Laurie Smith Sheriff Mazch 4, 2004 Dear Mr. Baloca. We would like to use some of the 2003-04 Technology (CLEEP) Grant for a public safety benefit to purchase equipment. We are purchasing the equipment from two separate vendors, requiring two sepazate checks. The vendor information is as follows: CompUSA -video-editing equipment to be used for training West Valley Patrol Deputies from video footage retrieved from car stops recorded by the patrol car video cameras. See attached invoice for exact amount. Child Alert Foundation -computerized fingerprint system (ACA Child Identification Poster System). See attached invoice for exact amount. If you have any questions please feel free to contact Deputy Mike McRoberts at (408) 868-6613. Thank you. Captain John Hirokawa West Valley Patrol Division Commander MM/jh West Valley Patrol Division • 14374 Saratoga Avenue • Saratoga, California 95070 ~..l r INVOICE/QUOTE Invoice Number: # CAF-155-A DATE: FEB 20,2004 CAF EIN: 23-2979528 IRS Tax Exempt 501 (c) (3) DLN #17053357017081 To: Captain John Hirokawa, Santa Clara County Sheriff s Office City of Saratoga 14374 Saratoga Avenue Saratoga, CA 95070 Attention: Deputy Mike McRoberts Description: Complete ACA Child Identification Poster System (ACA CHIPS ©) Laptop Computer Cross Match Verifier, 6' Interface cable Digital Camera Color Printer USB Hub Carrying Case ACA CHIPS Software and Documentation Subtotal Shipping and Handling: Total Amount Quoted: Authorized By: Nancy T. Albers Chief Financial Officer P.O. BOX 357 • DUSHO1tE, PA. • 18614 PHONE: 570-928-8422 • FAX: 570-928-8110 Website: www childalen.ore • Email: NTAlbers@epix.net $4.200.00 $ 4,200.00 77.00 $4,277.00 SARATOGA CITY COUNCIL MEETING DATE: March 17, 2004 AGENDA ITEM: /~ </ „~--~j~-.~-- ORIGINATING DF~TnCity Manager's ice CITY MANAGER: PREPARED BY: DEPT HEAD: SUBJECT: Claim of Fireman's Fund Insurance Company (Subrogee for Mauch Trucking, Inc.); Claim No. GL-055216 RECOMMENDED ACTION: Authorize ABAG to reject claim. REPORT SUMMARY: On October 21, 2003 the claimant presented a claim for damages to an excavator machine when it struck a low hanging tree limb reported as being on Pike Road. The damages being claimed by the claimant totals $14,853.00. After the City's claims examiner reviewed all documents provided by the claimant and City staff it is requested that the City Council reject the claim. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The claim will not be settled. ALTERNATIVE ACTION: The City Council could decide to settle the claim. FOLLOW UP ACTION: Process rejection notice. ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: None SARATOGA CITY COUNCIL MRFTiNG DATE: March 17, 2004 AGENDA ITEM: ORIGINATING DEPT: PREPARED BY: %'._/ ~~~ Manager's Office CITY MANAGER: ---~ DEPT HEAD: SUBJECT: Claim of Leah Faith Hawkins Claim No. GL-055394 RECOMMENDED ACTION: Authorize ABAG to reject claim. REPORT SUMMARY: On December 10, 2003 the claimant presented a claim against the Santa Clara County Sheriff's Office. Afrer the City's claims examiner reviewed all documents provided by the claimant and City staff it is requested that the City Council reject the claim. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The claim will not be settled. ALTERNATIVE ACTION: The City Council could decide to settle the claim. FOLLOW UP ACTION: Process rejection notice. ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: None SARATOGA CITY COUNCIL MEETING DATE: March 17, 2004 AGENDA ITEM: ~ L___- ORIGINATING DEPT: Community Development CITY MANAGER: ~ ~~"y" PREPARED BY: Thomas Sullivan, AICP DEPT HEAD: SUBJECT: Second Reading and Adoption of: ], Amendments to Article 14, 15 and l6 related to the various sections that deal with storm water runoff (NPDES). 2. Amendments to the Subdivision Ordinance (Article 14) sections that deal with Lot Line Adjustments. Amendments to Article 14 to remove remaining sections dealing with Building Site Approvals (BSA) from the Subdivision Ordinance. RECOMMENDED ACTION: Waive second reading and adopt the ordinance directing Staff to publish a summary of the ordinance. REPORT SUMMARY: On March 3, 2004 the City Counci] conducted the Public Hearing, Adopted the Resolution granting Negative Declaration of Environmental Impact, waived First Reading and directed Staff to place the Ordinance on the March 17, 2004 Council Meeting Consent Calendar for Second Reading and Adoption. PART ONE -STORM DRAIN AMENDMENTS The Subdivision, Zoning and Building sections of the Saratoga Municipal Code contain sections dealing with storm water. The current sections are not consistent with the pro~~isions of the Santa Clara Valley Urban Runoff Pollution Prevention Program (NPDES) requirements. The following proposed amendments would make the codes consistent with the program requirements. The Ciry's C-3 Permit to drain to Urban Runoff to San Francisco Bay requires that we implement pollution prevention programs. PART TWO -LOT LINE ADJUSTMENTS Staff is proposing amendments to the Lot Line Adjustment section of the Subdivision Ordinance to further strengthen the pro~nsions of the ordinance so that the Lot Line Adjustment process is not used to create additional buildable subdividable sites. The proposed language is fashioned after a recently adopted County of Santa Clara ordinance aimed at providing some greater measure of hillside protection. The basic tenets of the proposed changes is to ensure that the Lot Line Adjustment process is not abused and is not used to create new building sites. In addition, the Assistant Ciry Attorney has recommended some changes to the Lot Line Adjustment regulations in order to establish consistency with Government Code Section 66412(d) as amended by SB 497 (Chapter 873 of the Statutes of 2001) and address other technical legal items. PART THREE -BUILDING SITE APPROVALS Last year the Planning Commission and Ciry Council made many changes to the Zoning and Subdivision ordinances of the Saratoga Ciry Code. One of the changes was to remove the entire Building Site Approval process. Somehow between "second-reading" and adoption of the ordinance and its "codification" all of the sections intended to be deleted were retained. I did not notice this until I was reviewing the Subdivision ordinance for an unrelated matter. As such, I am piggybacking these same deletions on to these new Saratoga City Code amendments. The following sections were intended to be deleted in their entirety but were retained; 14-15.020 Buffding site approval; requirement and exemptions, 14-45.010 Application for approval, 14-45.020 Action by City Counci1,14-45.030 Completion of improvements and 14-45.040 Waiver of parcel map. FISCAL IMPACTS: None CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The City would out of compliance with the Storm Water Runoff Prevention Program's requirements. The provisions of the Lot Line Adjustment section of the Subdivision Ordinance would continue to be permissive towards using the process to create new buildable sites and would not be fully consistent with Government Code Section 66412(d). The previously amended sections dealing with Building Site Approvals would remain in the text of the Subdivision Ordinance. ALTERNATIVE ACTION: None FOLLOW UP ACTION: 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. ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A 2 of 3 ATTACHMENTS: Draft Ordinance making the following amendments: 1. Amendments to Article 14,15 and 16 related to the various sections that deal with storm water runoff (NPDES). Z. Amendments to the Subdivision Ordinance (Article 14) sections that deal with Lot Line Adjustments. 3. Amendments to Article 14 to remove remaining sections dealing with Building Site Approvals (BSA) from the Subdivision Ordinance. 3 of 3 ORDINANCE AN ORDINANCE AMENDING ARTICLE 14,15 AND 16 RELATED TO THE VARIOUS SECTIONS THAT DEAL WITH STORM WATER RUNOFF (NPDES), AMENDMENTS TO THE SUBDIVISION ORDINANCE (ARTICLE 14) SECTIONS THAT DEAL WITH LOT LINE ADJUSTMENTS AND AMENDMENTS TO ARTICLE 14 TO REMOVE REMAINING SECTIONS DEALING WITH BUILDING SITE APPROVALS (BSA) FROM THE SUBDIVISION ORDINANCE THE CITY COUNCIL OF THE CITY OF SARATOGA DOES ORDAIN AS FOLLOWS: Section 1. Findings. The City Council finds and declares as following: The current sections of the Subdivision, Zoning and Building chapters of the Saratoga City Code are not consistent with the provisions of the Santa Clara Valley Urban Runoff Pollution Prevention Program requirements, and The need to provide additional regulation regarding ]ot line adjustments is needed to further implement the Hillside protection policies of the City of Saratoga. The Planning Commission has conducted a public hearing to consider amendments to the zoning code with respect to the proposed Ordinance Amendments related to Storm Water Pollution Prevention, Lot Line Adjustments and Building Site Approvals. Section 2. Adoption. Section 15-12.090 of the Saratoga City Code is hereby amended as set forth below. Chapter 14 SUBDIVISIONS Article 14-20 PROCEDURES FOR TENTATIVE APPROVAL 14-20.040 Contents of application. (n) All provisions for sewage disposal, storm drainage and flood control, which are proposed by the applicant. Disposition of on-site storm water shall be consistent with the requirements of the Santa Clara Valley Urban Runoff Pollution Prevention Program as defined in Article 15-06 of the Zoning Code. Article 14 30 IMPROVEMENT REQUIREMENTS 14-30.030 Storm water and sewage. (a) General requirements. Subterranean storm drains shall be designed and installed by the subdivider or owner to adequately and safely drain all storm waters of the subdivision or site, and all surface waters reaching or reasonably calculated to reach the subdivision or site from areas outside of its boundaries. All drainage plans shall be consistent with the requirements of the Santa Clara Valley Urban Runoff Pollution Prevention Program as defined in Article 15-06 of the Zoning Code. In order to ensure compliance with the program, grading plans shall incorporate appropriate source control and site design measures that minimize storm water pollutant discharges to the maximum extent possible. Existing storm drains already discharging into a watercourse shall be of a capacity sufficient, in the opinion of the City Engineer, to adequately and safely carry all of such additional drainage generated by the development. The storm drain system shall consist of mains of not less than twelve inches in diameter, together with such manholes, catch basins, laterals and other structures, and at such grades, as required by the City Engineer to conform to good drainage requirements for the area and topography of the subdivision or site to prevent standing or flooding waters within and outside of its boundaries. In addition, the subdivider or owner shall comply with all conditions of the water district as may be imposed by any permit required to be obtained from such district in order to discharge said waters into a watercourse. Chapter 15 ZONING REGULATIONS Article 15-06 DEFINITIONS 15-06.581 Santa Clara Valley Urban Runoff Pollution Prevention Program. "Santa Clara Valley Urban Runoff Pollution Prevention Program' means the policies and directives adopted by the Santa Clara Valley Urban Runoff Pollution Prevention Program effective [insert adoption date] and on file in the Community Development Department. Article 15-21 MU-PD: MULTIPLE USE PLANNED DEVELOPMENT DISTRICT 15-21.140 Final development plan. (7) All provisions for sewage disposal, storm drainage and flood control which are proposed by the applicant, including the approximate distance to and location of the nearest storm drainage and sanitary sewer main lines. Disposition of on-site storm water shall be consistent with the requirements of the Santa Clara Valley Urban Runoff Pollution Prevention Program. Article 15-46 DESIGN REVIEW: MULTI-FAMILY DWELLINGS AND COMMERCIAL STRUCTURES 15-46.030 Application requirements. (a) Application for design review approval shall be filed with the Planning Director on such forms as shall be prescribed. The application shall include the following exhibits: (5) Engineered grading and drainage plans, including cross sections if the structure is to be constructed on a hillside lot. Disposition of on-site storm water shall be consistent with the requirements of the Santa Clara Valley Urban Runoff Pollution Prevention Program. Article 15-80 MISCELLANEOUS REGULATIONS AND EXCEPTIONS 15-80.035 Requirements for basements and lightwells. The following requirements shall apply to basements in any A, R-1, HR, R-OS or R-M district, with the exception of requirements (d) and (e) below, which shall apply to all districts: (e) Applicant shall submit to the Planning Department a grading and drainage plan stamped and signed by a registered civil engineer. Water collected from a basement shall either be transported to a nearby city storm drain inlet or to another drainage facility. The method of drainage shall be reviewed and approved by the Community Development Director and the Public Works Department. Disposition of on-site storm __ water shall be consistent with the requirements of the Santa Clara Valley Urban Runoff Pollution Prevention Program. The size of a proposed basement may be limited based on drainage issues or issues raised in the geologic and geotechnical reports. (Ord. 209 ~ 2 (part), 2002) Chapter 16 BUILDING REGULATIONS Article 16-15 BUILDING CODE" 16-15.180 Section 3315 of Appendix Chapter 33 is amended concerning drainage and terracing. Subsections (f) and (g) are added to Section 3315 of Appendix Chapter 33 to read as follows: (f) Each lot and building site shall be graded to drain all storm and other surface waters to the nearest storm drain or other drainage outlet approved by the building official. All runoff from roofs, decking, paving and other surface water collectors, whether natural or artificial, may be required by the building official to be centrally collected and drained through enclosed pipe or other conduit to onsite or off-site drainage outlets or storm drains. Disposition of on-site storm water shall be consistent with the requirements of the Santa Clara Valley Urban Runoff Pollution Prevention Program as defined in Article 15-06 of the Zoning Code. Chanter 14 SUBDIVISIONS „ 14-10.170 Lot Line Adjustment. "Lot line adjustment means the relocation of an existing lot line between four or fewer existing adjoining lots, where the land taken from one lot is added to an adjoining lot and where a greater number of lots than originally existed are not created. 14-10.210 Parcel map. "Parcel map" means a final map for a single lot or reversion to acreage pursuant to this Chapter. 14-10.320 Subdivision. (a) "Subdivision' means the division, by any subdivider, of any parcel or parcels of improved or unimproved land, or any portion thereof, shown on the latest equalized County assessment roll as a single unit or as contiguous units, for the purpose of sale, lease, financing or construction of improvements thereon, whether immediate or future. Property shall be considered as contiguous units even if separated by roads, streets, utility easements or railroad rights-of-way. "Subdivision' includes a condominium project, as defined in Section 1350 of the State Civil Code, a community apartment project, as defined in Section 11004 of the State Business and Professions Code, or the conversion of existing dwelling units to a stock cooperative, as defined in Section 11003.2 of the State Business and Professions Code. "Subdivision' also includes any division of land by gift, inheritance, or partition in kind. [Subsection (b) of Section 14-10.320 is not amended.] 14-50.010 Purpose Lot line adjustments are intended to provide practical flexibility for minor alterations of existing lots and/or improved lot design. The lot line adjustment procedure authorizes property line(s) between four or fewer existing adjoining legal lots to be altered so long as no additional lots are created and all other state and local requirements are met. 14-50.015 Application. Application for a lot line adjustment shall be filed with the Community Development Director on such form, as he or she shall prescribe. The application shall be signed by all parties holding an ownership interest in any properties, which are the subject of the proposed lot line adjustment. The Community Development Director shall examine the application and shall not file the same until all of the requirements of this Article with respect to the form and content of the application and the documents to be submitted therewith have been fully satisfied and all fees and costs due and payable at the time of filing the application have been paid in full. The time of filing the application shall be the date on which the application is found by the Community Development Director to be complete. (Amended by Ord. 221 § 2 (part), 2003) 14-50.020 Contents of application. The applicant shall submit eighteen copies of a scale drawing showing the proposed lot line adjustment, prepared by a registered civil engineer or land surveyor. Such drawing shall have a dimension of not less than eighteen inches by twenty-six inches, and the scale thereof, based upon the combined area of all properties which are the subject of the lot line adjustment, shall be as follows: one inch shall be equal to twenty feet for two acres or less; one inch shall be equal to fifty feet for two acres through twenty acres; and one inch shall be equal to one hundred feet for over twenty acres in area. The drawing shall contain, or shall be accompanied by, the following information: (a) The existing lot lines of all properties which are the subject of the lot line adjustment and the name of any existing recorded maps applicable to such properties, the date of recording such maps, and the book and page of the official records where such maps are recorded. (b) The proposed lot lines and the dimensions of the lots as reconfigured by the lot line adjustment, including frontage, width, depth and area in square feet. (c) Date of preparation, north point and scale. (d) A key map showing adjacent contiguous property on all sides, giving location, names and widths of adjacent rights-of-way. (e) Name and address of record owners of all properties which are the subject of the lot line adjustment and the name and address of the civil engineer or land surveyor who prepared the drawing. (f) Locations, names, widths, centerline radii and centerline slopes of all streets within or adjacent to the subject properties. (g) Existing contours of the subject properties, expressed in intervals of five feet, together with a Calculation of the average slope of each property, as determined in accordance with Section 14-10.280 of this Chapter. (h) Location and description of all existing buildings and structures upon the subject properties. (i) Location and character of all existing easements. (j) Existing use or uses and zoning classification of each property having a lot line to be _ adjusted. (k) Location of all creeks, streams and other watercourses, showing top of existing banks and creek depth. (1) A certification from the owner of each affected lot documenting ownership of the lot and certifying owner's right to authorize the ]ot line adjustment. Said certification shall attach a preliminary title report or comparable document issued within ten days from the date of filing the application by a reputable title company doing business in the County and showing all parties having any interest in the subject properties. (m) In addition to the foregoing, the Community Development Director may require the applicant to submit such additional documents, information and materials as the Director deems necessary for the review, processing and evaluation of the proposed lot line adjustment. If any such additional documents, information or materials are required, the Director shall so advise the applicant in writing within thirty days from the filing of the application. (Amended by Ord. 221 § 2 (part), 2003) 14-50.030 Investigation and report by Community Development Director. (a) The Community Development Director may transmit a copy of the application to such persons and agencies as he or she may deem appropriate for review and recommendations thereon, including, but not limited to, the Health Officer, the Santa Clara Valley Water District, the sanitation and fire districts having jurisdiction, and any utility companies serving the area in which the subject properties are located. (b) Upon receipt of any recommendations from the persons and agencies referred to in subsection (a) of this Section and completion of his own review and analysis of the application, the Community Development Director shall cause a written staff report to be prepared and submitted to the advisory agency and shall furnish the applicant with a copy of such report not later than three days prior to the date on which the application is first considered by the advisory agency. (Amended by Ord. 221 § 2 (part), 2003) 14-50.035 General Plan and Zoning Requirements and Criteria The requirements and criteria in this section apply to the determination of whether or not the lots resulting from a proposed lot line adjustment will conform to the minimum lot size and development density requirements of the General Plan and Zoning Ordinance. This section does not contain a complete list of General Plan and Zoning Ordinance requirements that may apply to lot line adjustments. (a) All lots resulting from a lot line adjustment shall comply with the applicable _ General Plan and Zoning Ordinance. The General Plan will prevail if there is any need to harmonize General Plan and Zoning Ordinance density or minimum ]ot size designations for the subject lots. „• (b) A "substandard lot is defined for the purposes of this chapter as a lot that does not meet the minimum lot size requirements of the General Plan and Zoning Ordinance designations applicable to the property. (c) If any lot resulting from the proposed lot line adjustment would be substandard, the lot line adjustment may only be approved if the lot line adjustment would not cause or contribute to an increase in allowable density beyond, or reduction (or further reduction) in minimum lot size below, that authorized by the General Plan designation and Zoning Ordinance when the lot line adjustment application was deemed complete. Lot line adjustments involving a substandard lot that falls into one or more of the following categories are presumed not to cause or contribute to an increase in allowable density or reduction (a further reduction) in minimum lot size and may be approved if the approving authority makes all of the required findings in this section and in Section 14-50.040. Category 1- No increase in number of Developable Lots (1) No substandard lot is reduced or further reduced in area; and (2) Each adjusted lot retains at least 90 percent of the real property included in the lot prior to the proposed lot line adjustment; and (3) The lot line adjustment would not result in any additional developable lots or a greater allowable density than prior to the lot line adjustment. In determining if a lot is developable, the lot must meet at least one of the following criteria. (i) Contain a legal dwelling constructed pursuant to and in compliance with a validly issued Design Review and subsequent Building Permit; or (ii) Be subject to an unexpired Design Review approval and or Bui]ding Permit; or (iii) Be a whole lot on a numbered tract map or parcel map issued pursuant to a legal subdivision. Category 2 -Curing an encroachment or setback violation for existing legal structures. A lot line adjustment curing an encroachment or setback violation on a substandard lot qualifies under this subsection if the approving authority finds that the proposed lot line adjustment involves only two lots and its sole purpose is to cure or partially cure an encroachment or setback violation involving the following types of improvements that were legally constructed or partially constructed by or on behalf of a property owner on an adjoining lot. (1) A dwelling, building or structure that was constructed before any permits were required by the City of Saratoga or the County of Santa Clara for such improvements; or (2) A dwelling, building or structure for which all legally required permits were issued prior to construction and the improvements were constructed in compliance with all approved plans and permits. Category 3 -Environmental Impact Avoidance The sole purpose of the lot line adjustment is to reduce or avoid significant environmental impacts such as geological hazards or disturbance of important viewshed, riparian or habitat areas. Where this criterion is the basis for approval, the advisory agency shall first hold a public hearing on the application and make all of the following findings before approving the proposed lot line adjustment. (1) The lot line adjustment would not result in any additional developable lot or a greater allowable density than legally existed prior to the lot line adjustment. In determining if a lot is developable, the lot must be found to satisfy at least one of the following criteria. i Contain a legal dwelling constructed pursuant to and in compliance with a validly issued Design Review and subsequent Building Permit; or ii Be subject to an unexpired Design Review approval and/or Building Permit; or iii Be a whole lot on a numbered tract map or parcel map issued pursuant to a legal subdivision. (2) The lot line adjustment would result in no lot being environmentally inferior and at least one lot being environmentally superior and overall the resulting configuration would better implement the general plan policies as compared to the current lot configuration. (3) The proposed lot design and configuration would optimize general plan conformance and environmental protection and best mitigate environmental impacts in conformance with the general plan. 14-50.040 Action by Community Development Director; findings. (a) Within fifty days after the application is accepted as complete, unless such time is extended by mutual agreement of the advisory agency and the applicant, the Community Development Director (or the advisory agency where applicable) shall approve, conditionally approve or disapprove the application and shall report such action to the applicant. A copy of said report shall be kept on file in the City offices for a period of not less than five years, and in all events, until the recordation of a record of survey or deed, as required under Section 14-50.060, and final acceptance by the City of any public improvements to be constructed by the applicant and termination of the applicant's responsibility to maintain such improvements. (b) The Community Development Director shall not approve a lot line adjustment unless he or she makes all of the following findings: (1) That the proposed lot line adjustment is consistent with the General Plan and any applicable specific plan. (2) That the proposed lot line adjustment is consistent with the regulations contained in the Zoning Ordinance, the Building Ordinance and this Chapter. For the purpose of this finding, the lot line adjustment shall be deemed consistent if no new violation of such regulations is created by the lot line adjustment, or if the nonconformity created by the lot line adjustment is specifically approved by the advisory agency through the appropriate process, such as the granting of a variance or use permit under Chapter 15 of this Code or the granting of an exception under this Chapter. (3) That the proposed lot line adjustment will not conflict with easements, acquired by the public at large for access through or use of the subject properties. In this connection, the Community Development Director may grant tentative approval if he finds that alternate easements for access or use will be provided, and that these will be substantially equivalent to ones previously acquired by the public. This subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction and no authority is granted to the Community Development Director or to the advisory agency to determine that the public at large has acquired easements for access through or use of any portion of the subject properties. (4) The lot line adjustment is between four or fewer existing, adjoining lots. Where an owner of adjoining lots has previously obtained a lot line adjustment for four adjoining lots and subsequently requests a lot line adjustment for one or more additional adjoining lots, a subdivision is required. Where more than one property owner concurrently requests a lot line adjustment for more than four adjoining lots, a subdivision is required. (c) The Community Development Director shall not impose conditions on its approval of a lot line adjustment except for those conditions which the Community Development Director deems necessary or appropriate for implementation of, and conformity with, any General Plan policies, or any zoning regulations set forth in Chapter 15 of this Code, or building regulations set forth in Chapter 16 of this Code, or to facilitate the relocation of existing streets, utilities, infrastructure, or easements (including rights-of- way). (d) A public hearing shall be conducted for any lot line adjustment application requiring advisory agency approval. Notice of the hearing shall be given not less than ten days nor more than thirty days prior to the date of the hearing by mailing, postage prepaid, a notice of the time and place of the hearing to the applicant and to all persons whose names appear on the latest available assessment roll of the County as owning property within five hundred feet of the boundaries of the subdivision or site which is the subject of the application. Notice of the public hearing shall also be published once in the newspaper having general circulation in the City not later than ten days prior to the date of the hearing. (Amended by Ord. 71-154 § 1,1995) 14-50.050 Expiration of tentative approval; extensions. (a) The tentative approval of a lot line adjustment shall expire twenty-four months from the date on which the Community Development Director, advisory agency, (or City Council on appeal), granted its approval or conditional approval. (b) An extension of the expiration date may be granted by the advisory agency for a period or periods of time not exceeding thirty-six months. The application for extension shall be filed prior to the expiration date, and shall be accompanied by the payment of a fee in such amount as established from time to time by resolution of the City Council. Extension of tentative approval is not a matter of right and the advisory agency may _. deny the application. 14-50.060 Approval and recordation of survey or deed. (a) Prior to the expiration of the tentative approval or extension thereof pursuant to Section 14-50.050, the applicant shall submit to the City Engineer any required record of survey and a deed, and such other documents as may be lawfully required under the conditions of the tentative approval. No record of survey shall be required for a lot line adjustment unless required by Section 8762 of the Business and Professions Code. The City Engineer may accept a deed where the lot line adjustment involves only the movement of property lines without relocation of any streets, utilities, easements or other rights-of-way. (b) The City Engineer shall examine the survey or deed and accompanying data and shall determine: (1) Whether the proposed survey or deed substantially complies with the tentative approval of the lot line adjustment. (2) Whether all conditions of tentative approval have been completed, or if incomplete, are matters, which are includable in a regular or deferred improvement agreement with the City; (3) Whether all provisions of this Chapter and all other applicable provisions of law have been complied with; and (4) Whether the survey or deed is technically correct. (c) Upon the City Engineer's determination that all requirements of this Section have been satisfied, he shall notify the applicant that the survey or deed has been approved as to form and content. The City Engineer shall thereupon cause the survey or deed to be filed for record in the office of the County Recorder when all of the following conditions as maybe applicable have been satisfied: (1) The applicant has executed the City's standard or deferred form Of improvement agreement and furnished to the City the security required thereunder. (2) The applicant has furnished to the City the monument bond guaranteeing payment of the cost of setting monuments and such other agreements and bonds as may be required by law. (3) The applicant has furnished to the City the indemnity agreement and insurance policy required by Section 14-05.055 of this Chapter. (4) The applicant has executed and furnished to the City for recordation any offers of dedication to be made by separate instrument, deeds, or other documents affecting title and relating to the lot line adjustment, together with the applicable recording fees, if any. (5) All required fees and costs have been paid in full to the City, including but not limited to the cost of recordation of the survey or deed required by this subsection (c). (d) Where an offer of dedication is made in connection with a lot line adjustment, the provisions of Section 14-40.070 shall be applicable to such offer. 14-15.020 -Deleted 14-45.010 -Deleted 14-45.020 -Deleted 14-45.030 -Deleted 14-45.040 -Deleted 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 is held invalid, the City Council declares that it would have adopted the remaining provisions of this ordinance irrespective of the portion held invalid, and further declares its express intent that the remaining portions of this ordinance should remain in effect after the invalid portion has been eliminated. Section 4. Publication. This ordinance or a comprehensive summary thereof shall be published in a newspaper of general circulation of the City of Saratoga within fifteen days after its adoption. The foregoing ordinance was introduced and read at the regular meeting of the City Council of the City of Saratoga held on the 3rd day of March, 2004, and was adopted by the following vote following a second reading on the 17th day of March, 2004: AYES: _ NOES: ABSENT: ABSTAIN: ANN WALTONSMITH, MAYOR ATTEST: CATHLEEN BOYER, CITY CLERK APPROVED AS TO FORM: RICHARD TAYLOR, CITY ATTORNEY SARATOGA CITY COUNCIL MEETING DATE: March 17, 2004 AGENDA ITEM: ORIGINATING DEPT: City Manager's Office CITY MANAGER: ~ /~~~ PREPARED BY: Lorie Tinfow DEPT HEA SUBJECT: Adoption of Standardized Emergency Management System (BEMs) Multihazard Functional Plan RECOMMENDED ACTION(S): Adopt new Standardized Emergency Management System (BEMs) Multihazard Functional Plan. REPORT SUMMARY: Every California city must have an up-to-date Standardized Emergency Management System (BEMs) Multihazard Functional Plan in order to comply with State and Federal requirements, and to qualify for reimbursement of costs associated with responding to an emergency. This plan describes the City organization structure and each employee's responsibilities in an Emergency Operations Center (EOC) should an emergency occur. However, the plan is not a community organization response plan so does not include school, business or other groups' responses. Santa Clara County Office of Emergency Services (OES) prepared the plan for the City of Saratoga as part of an agreement with the Santa Clara County Fire Department. Staff provided Saratoga- specific information to County OES for use in preparing the plan. However, the plan's structure and contents are prescribed bylaw and cannot be changed. The table of contents on page 8 provides an outline of the plan. Copies were provided to the Public Safety Commission prior to their March 11, 2004, meeting for their review, and agendized for discussion at that time. The plan will be used as the basis for staff EOC training scheduled for April 19 FISCAL IMPACTS: None. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): Saratoga would not be SEMS compliant. ALTERNATIVE ACTION(S): None. FOLLOW UP ACTION(S): Staff will prepare copies for distribution to appropriate agencies, and move forward with Emergency Operations Center training scheduled for April 19. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: • Copy of Standardized Emergency Management System (BEMs) Multihazard Functional Plan 2 of 2 SARATOGA CITY COUNCIL MEETING DATE: March 17, 2004 ORIGINATING DEPTrCity Manager's Office ~~ PREPARED BY: ~ ~~ AGENDA ITEM: L~~ 1 CITY MANAGER: DEPT HEAD: SUBJECT: Council Agency Assignments and Commission Liaisons RECOMMENDED ACTION: Adopt resolution. REPORT SUMMARY: The City Council reorganized on December 9, 2003, for the coming year and assignments to various committees, commissions agencies and adhoc committees were adopted by Resolution 03-78. It has been brought to the attention of the Mayor that Councilmember Streit has been assigned to two different adhocs/agencies that meet on the same evening. It is recommended that the following change to the following agency be approved by the attached resolution: Agency Councilmember Alternate Silicon Valley Anima] Control Authority Streit Kline dine Streit (SVACA) FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: Council representative to the SVACA would not be filled. ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: Disseminate information to SVACA. ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENT: Attachment A -Resolution RESOLUTION NO. 03-040 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA AMENDING THE APPOINTMENTS OF COUNCIL REPRESENTATIVES TO COMMITTEES, COMMISSIONS, AGENCIES AND ADHOC COMMITTEES WHEREAS, the City Council reorganized on December 9, 2004, for the coming year; and WHEREAS, on Decemberl7, 2004 the City Council adopted Resolution 0 which confirmed the Councilmember representation on various committees, commissions agencies and adhoc committees; and WHEREAS, it has come to the attention of the Mayor that a Councilmember has been assigned to two different adhocs/agencies that meet on the same day; and NOW, THEREFORE, BE IT RESOLVED that the following agency assignment be amended as follows through December 2004, or until replaced: Agency Couucilmember Alternate Silicon Valley Animal Control Authority Streit Kline IO~e Streit ~_ (SVACA) The above and forgoing resolution was passed and adopted by the Saratoga City Council at a regular meeting held on 17`h day of March 2004, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Ann Waltonsmith, Mayor ATTEST Cathleen Boyer, City Clerk SARATOGA CITY COUNCIL MEETING DATE: March 17, 2004 AGENDA ITEM: ORIGINATING DEPT: City Manager PREPARED BY: CITY MANAGER: DEPT HEAD: ~~~~---f-- Cathleen Bover City lerk SUBJECT: Celebrate Saratoga 2004 -"Fun Zone" Sponsorship RECOMMENDED ACTION: Accept report and approve sponsorship for the "Fun Zone". REPORT SUMMARY: Background The Saratoga Chamber of Commerce's annual "Celebrate Saratoga" will be held on September 18, 2004. Celebrate Saratoga started in 1989 as a small community event and now has evolved into one of the largest outdoor evening street dance festivals in Silicon Valley. More than 300 volunteers work together with more than 30,000 attending this event. Last year, Mayor Streit suggested that the City become more involved as a sponsor. The Chamber suggested sponsorship of the "Fun Zone". On July 16, 2003 the City Council adopted a resolution to appropriate $2,500 for the Celebrate Saratoga Fun Zone sponsorship. Several Councilmembers and City staff volunteered their time in the "Fun Zone" area. If the Council desires to sponsor the "Fun Zone" the City would receive the following benefits as an exclusive sponsor: • City's logo on all print advertising • City's logo on the Chambers website • 2'by 10' banner at each entrance (provided by the sponsor) • Small poster at each activity. FISCAL IMPACTS: The cost associated to this "Fun Zone" sponsorship is $2,500, which could be an appropriation from 001-1010-511-5002 Council Contingency to 001-1005-511-4051 City Council -Special Events CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: Complete sponsorship forms and send to Chamber of Commerce. ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: Attachment A -Celebrate Saratoga Sponsorship Packet 2 of 2 SPONSORSHIP OPPORTUNITIES CELEBRATE SARATOGAI 2004 STREET DANCE SARATOGA CHAMBER OF COMMERCE "serving business & the community for over 75 years" 14485 Big Basin Way Saratoga, California 95070 Telephone: (408) 867-0753 Fax: (408) 867-5213 www. saratogachamber. org Celebrate Saratoga! 2004 Street Dance! 2004 marks the 16`" annual Celebrate Saratoga! Street Dance. This celebration started in 1989 as a small community event that transforms Big Basin Way from an urban thoroughfare to currently one of the largest outdoor evening street dance festivals in Silicon Valley. The event will be held this year on Saturday, September 18th Over 300 volunteers work together to make it the tremendous success it is today. More than 30,000 people jam downtown Saratoga to shake a leg, swing and sway, and listen to exciting musical groups from rock, to jazz and swing. * Printed Material Sponsorship As part of the publicity and operation of the Street Dance, we will print the following: o Tickets -approximately 240,000 distributed o Programs -approximately s0,o00 distributed o Flyers -approximately 40,000 distributed As a sponsor of one of these items, you will have up to 3 lines printed exclusively with your choice of your company name, address, phone number, product, slogan, etc. Additionally, logos are included for the Program and Flyer Sponsors. Page 2 of 5 ~t Fun Zone Activity Sponsorships The Fun Zone is the family activity - area. Within the area will be a variety of games of skill, face painting, balloon creations, cotton candy, bounce houses and other fun-filled activities. We will hang your BANNER or SIGN on one of the Fun Zone activities. ~r Other Sponsorships • Beer Booth - we will hang your banner or sign on your sponsoring booth • Margarita Booth - Celebrate Saratoga's Famous Margaritas" - we will hang your banner or sign on your sponsoring booth • Shuttle Buses - We will print your name and logo and place it at each and every shuttle bus stop. o west valley college o Blauer at Saratoga-Sunnyvale Rd. o Saratoga High o Saratoga Village * All sponsors will also receive recognition in the Saratoga Chamber's "Saratoga Business Focus" Newsletter and in a "Thank You" ad in the Saratoga News. Page 3 of 5 Printed Material: Tickets (240,000 distributed) $750 Programs (50,000 distributed) $750 Flyers (40,000 distributed) $750 Famil Activit Center: tentative list of activities Hi Striker $275 Balloon Creations $275 Basketball Toss $275 5 Pin Bowling $275 Spin Art $275 Lollipop Tree $275 Cotton Candy $250 each Face Painting $275 Bounce Houses $50o each Other Sponsorships: Margarita Booth $500 each Beer Booth $500 each Soda Booth $50o each Shuttle Busses $2500 Page 4 of 5 YES, 1 WANT TO BE A SPONSOR FOR CELEBRATE SARATOGA! 2004 STREET DANCE! SIGN ME UP-. 1 ST CHOICE ALTERNATE Contact Person: Title: Com an Name: Address: Ci /State/Zi Phone: Fax: E-mail: The undersigned hereby agrees to sponsor at the level indicated above. Si afore: Print Name: Title: Date: ^ I will pay by company check V ISA/MC Card Number: Cardholder ^ Please chazge my credit cazd You may iax trtts appltcanon to ~4ua~ aoi-~~~~ u, iiiaii ,~ a, Saratoga Chamber of Commerce 14485 Big Basin Way, Saratoga, CA 95070 Page 5 of 5 SARATOGA CITY COUNCIL MEETING DATE: March 17, 2004 ORIGINATING DEPT: Community Development PREPARED BY: John F. Livingstone AICP AGENDA ITEM: CITY MANAGER: ~~`~ DEPT HEAD: SUBJECT: Expand the City of Saratoga's Urban Service Area Boundary to include two new parcels, APN 503-48-029 and APN 503-48-028. The area has already been prezoned as a Residential Open Space District (ROS) and has the General Plan Designation of Hillside Open Space. RECOMMENDED ACTION Approve the attached resolution requesting the Local Agency Formation Commission (LAFCO) expand the City of Saratoga's Urban Service Area Boundary to include two new parcels. The location of the parcels is shown in the dark shading on the diagram below. The lighter shading shows parcels that were noticed for the hearing. 21170 Big BasinWay BACKGROUND At the August 6, 2003 City Council meeting the Council directed staff to proceed with consideration of a proposed expansion of the City's Urban Service Area Boundary to include the area near Hakone Gardens. On January 14, 2004 the Planning Commission reviewed the proposed boundary adjustment. At this meeting one of the property owners of the proposed Urban Service Area Boundary adjustment area expressed concerns with the noticing. In response to this the Planning Commission continued the item to the next Planning Commission meeting January 28, 2004 to allow the item to be renoticed. On January 28, 2004 the Planning Commission recommended approval of the boundazy adjustment to the City Council. PROJECT DATA The proposed area is west of Hakone Gardens and bordered by Congress Springs Road on the North. There are two parcels of land proposed for the expansion, the English parcel APN 503- 48-029 which is l .261 acres and Britton pazcel APN 503-48-028, which is 7.53 acres. DISCUSSION The expansion of the Urban Service Area could give the City of Saratoga greater influence over any future development on properties near Hakone Gazdens (discussed below). Santa Clara County typically provides cities with greater opportunities for review and comment on proposed projects within a city's Urban Service Area than is the case for projects that lie outside the Urban Service Area. Moreover, if the City or a property owner wishes to pursue annexation, the property in question must be within the City's Urban Service Area. Annexation in this case could likely proceed only with consent the affected landowners. While in some cases land can be annexed against the wishes of an affected landowner if the land is part of a larger annexation supported by a majority of surrounding landowners, in this case the surrounding properties are either already in the City or are owned by Santa Claza County. The area is currently designated by the General Plan as Hillside Open Space as described on page 3-4 of the City of Sazatoga's General Plan. This designation was taken from the County General Plan and covers all lands within Saratoga's Sphere of Influence that are not designated as pazks. This designation allows uses that support and enhance a rural character. Density development allows for one dwelling unit per 20 acres to one dwelling unit per 160 acres based on slope density formula subject to stringent criteria. The prezoning of ROS (Residential Open Space) allows for a minimum of 20-acre sites with at ]east 30% of the lot as dedicated open space. The existing County zoning is HS-dl. This allows for a minimum lot size of 160 acres with an exception that the density may be reduced to one lot per 20-160 acres depending on lot slope for one-time two-lot splits. The City's Urban Service Area adjustment gives the City no direct control over land use in the azea but does give the City greater opportunity to comment to Santa Clara County. In addition, inclusion in the Urban Service Area is a prerequisite to annexation. If the properties were 2 of 4 eventually annexed the density would not change due to the City's slope density requirements. The property would stay under the County Design Review process unless it is annexed. The Local Agency Formation Commission only allows one Urban Service Area Boundary change a year. HAKONE GARDENS Hakone Garden is an 18-acre site owned by the City of Saratoga and leased to the Hakone Foundation. The site is on the City and County's Historic Resource Lists. The site was created in 1915 as a Japanese style garden. The garden is the oldest Japanese residential garden in the Western Hemisphere and has been recognized as a historic place by the National Trust for Historic Preservation. GENERAL PLAN CONFORMITY The General Plan policies relevant to the proposed boundazy adjustment are as follows: Conservation Element Policy 6.0 Protect the existing rural atmosphere of Saratoga by carefully considering the visual impact of new development. The proposed Urban Service Area Expansion is consistent with this General Plan policy in that the expansion of the Urban Service Area could assist in preserving the area azound Hakone Gardens and protect the rural atmosphere of Sazatoga by allowing the City increased influence over any major projects in the area. Land Use Element Policy 1.2 The City shall evaluate its designated unincorporated Urban Service Areas to determine if the areas are compatible with the County's Local Agency Formation Commission (LAFCO) Policies and are appropriate for annexation and urban development. The proposed Urban Service Area boundary change is consistent with LAFCO policies in that the City of Sazatoga services are the same as the County's services. The sheriff and fire services, school districts, water district, and the role of other special districts will not be altered. The area will remain consistent with County density limits for development and have a less than significant impact to any housing due to the City's General Plan designation being consistent with the County designations. The proposed expansion will also have a less than significant impact to any County open space in the proposed expansion azea. ENVIRONMENTAL DETERMINATION Urban Service Area Boundary changes are projects subject to the environmental review requirements of the California Environmental Quality Act (CEQA). In this case the boundary change would be exempt from CEQA review pursuant to section 15319 of the CEQA Guidelines. That section provides that boundary changes are categorically exempt from CEQA review if they include only existing structures developed to the density allowed by the current ` zoning or pre-zoning of either the gaining or losing governmental agency whichever is more restrictive. 3 of 4 STAFF RECOMMENDATION 1. Staff recommends that the City Council approve the attached resolution requesting the Local Agency Formation Commission (LAFCO) expand the City of Saratoga's Urban Service Area. ALTERNATIVES 1. The Council can continue the item for further discussion. 2. The Council can deny the resolution. FISCAL IMPACT No City funds will be required For the process except for staff time to complete a LAFCO application. FOLLOW UP ACTIONS Staff will forward the request for the boundary adjustment to LAFCO. ADVERTISING, NOTICING AND PUBLIC CONTACT The item has been placed on the City Council Agenda and posted pursuant to Government Code 54954.2. The item has also been advertised in a local newspaper and notices sent to al] properties within 500 feet of the proposed project. ATTACHMENTS 1. Resolution to Expand the Urban Service Area 2. Articles on Hakone Gardens 3. Two Letters from a property owner's attorney 4 of 4 RESOLUTION NO. CITY OF SARATOGA CITY COUNCIL STATE OF CALIFORNIA EXPAND THE URBAN SERVICE AREA BOUNDARY FOR PARCELS 503-48-029 and 503-48-028 LOCATED AT AND NEARBY 21170 BIG BASIN WAY WHEREAS, the Ciry of Saratoga has considered an Expansion of the Urban Service Area Boundary and hereby requests that the Local Agency Formation Commission (LAFCO) expand the Ciry of Saratoga's Urban Service Area Boundary to include two new parcels, APN 503-48- 029 and APN 503-48-028 which are prezoned as a Residential Open Space District (ROS) and have a General Plan Designation of Hillside Open Space; and WHEREAS, the Planning Commission held a duly noticed Public Hearing on January 14, 2004, and January 28, 2004, at which time all interested parties were given a full opportunity to be heard and to present evidence; and WHEREAS, the City Council held a duly noticed Public Hearing on March 17, 2004 at which time all interested parties were given a full opportunity to be heard and to present evidence; and ~' NOW, THEREFORE, the Ciry CouncIl of the City of Saratoga does hereby resolve as follows: 1. The Urban Service Area Boundary changes are exempt from review under the California Environmental Quality Act (CEQA) pursuant to section 15319 of the CEQA Guidelines because the boundary adjustment would apply only to existing structures developed to the density allowed by the current zoning or pre-zoning of both the City of Saratoga and the County of Santa Clara. 2. The Urban Service Area Boundary adjustment is consistent with applicable General Plan and Local Agency Formation Commission policies as follows: Conservation Element Policy 6.0 Protect the existing rural atmosphere of Saratoga by carefully considering the visual impact of new development. The proposed Urban Service Area adjustment could assist in preserving the area around Hakone Gardens and protect the rural atmosphere of Saratoga by allowing the Ciry increased influence over any major projects in the area. The proposed Urban Service Area Expansion will allow the City and property owners the option of annexing the affected properties into the City. Land Use Element Policv 1.2 The Ciry shall evaluate its designated unincorporated Lirban Service Areas to determine if the areas are compatible with the County's Local Agency Formation Commission (LAFCO) Policies and are appropriate for annexation and urban development. The proposed Urban Service Area Boundary change is consistent with LAFCO policies in that the City of Saratoga sen~ices are the same as the County's services. The sheriff and fire services, school districts, water district, and the role of other special districts will not be altered. The area will remain consistent with County density limits for development and have a less than significant impact to any housing due to the City's General Plan designation being consistent with the County designations. The proposed expansion will also have a less than significant impact to any County open space in the proposed expansion area. 3. Staff is directed and authorized to take all further actions necessary to request that the Santa Clara County Local Agency Formation Commission adjust Ciry of Saratoga Urban Service Area boundary to include parcels, APN 503-48-029 and APN 503-48-028. PASSED AND ADOPTED by the City of Saratoga Ciry Council, State of California, this 17s` day of March 2004 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Ann Waltonsmith, Mayor ATTEST: Cathleen Boyer, City Clerk Hakone Gardens Hakone Gardens Location: 21000 Big Basin Way Saratoga, CA 95070 408-741-4994 Page 1 of 2 The Hakone Gardens were created in 1916 by the San Francisco Art Patrons Oliver and Isabel Stine as a summer retreat for their friends and family. The Gardens were modeled after the Fuji-Hakone National to protect it andscate ahtistsl TherHakonle Gardenswere eventually purchased by the,City of SaratogaArchitects and P from development in 1966. There are a number of different parts of the Hakone Gardens including two houses, a cultural exchange center and four major gardens. Constructed without nails, the Upper House sits on the Moon. Viewing Hill which is a place where both the gardens and the moon can be seen.lnside the floors are covered with traditional tatami mats and there is both a Japanese scroll and flower arrangement. The Lower House, which was built in 1922 as a Western-style summer retreat, has since then been converted to a community facility with a large reception room and two tea ceremony rooms. Completed in 1991, the Cultural Exchange Center was modeled after a 19th- century Kyoto tea merchant's house and shop. Constructed in Japan, the building was shipped and permanently raised in the Gardens. A number of events and programs are held here including a variety of classes, lectures and demonstrations, as well as aartists-in-residence program. There are also tea ceremony rooms, a tea museum and space for workshops. The four gardens in Hakone Gardens include the Hill and Pond. Garden,; the Tea Garden, the Zen Garden and the Kizuna-en. The Hill and Pond Garden is the heart of Hakone Gardens and was primarily created for strolling. When in bloom, wisteria and cl'ierrv blgssoms line the walk for a beautiful scene. The Tea Garden path is a quiet and soothing walk, enclosed for privacy. It includes a traditional Japanese water basin which is used to purify the hands and mouth which, along with the calming quiet, is meant to prepare visitors to enter the tea ceremony rooms. A primarily dry garden, the Zen Garden is made up of raked patterns of gravel interspersed with large stone representative of islands. This garden is for meditation viewing only and is never entered. The Kizuna-en is a bamboo garden, that represents the close friendship that Saratoga and their Sister City, Muko- shi, Japan have shared. Large groups of white ~)oC1~~3 http://www.scu.edu/SCU/Programs/Diversity/hakone.html 12/18/2003 Hakone Gardens Page 2 of 2 stones represent the City Councils of both cities while the smaller white gravel represents the Pacific Ocean that lies between. them. Muko-shi donated, not only their expertise, but also many of the bamboo specimens to this project. The Japan Bamboo Society of Saratoga is responsible for maintaining this garden. It is closed in the spring to protect new growth. The Hakone Foundation was forn~ed in ] 984 to maintain, enhance and develop the Hakone Gardens. This non-profit foundation strives to decrease the public financing of these Gardens by encouraging contributions, managing the rentals of buildings and sponsoring programs that promote cultural awareness and appreciation of Japanese cultural. Anyone is welcome to join this organization. The membership fee for the Hakone Foundation is $25 yearly. Benefits include free parking, the Hakone Views Newsletter and notice of special events. Vohmteers provide tours, act as staff in the gift shop, as well as assistance in the garden and office. Palyone is welcome to participate. Further Reading: Michael Cronk, "Tiles and Timbers From Japan Create Center in Saratoga: 19th Century Merchant's Home Opens in Hakone Gardens", San Jose Mercury News, Wednesday, 19 June 1991, Morning Final Edition, Extra 2 Sec., p. 2 Charles Lindsey, "Raising Canes: Hakone Gardens' Lovingly Cared For Bamboo Grove Symbolizes Harmony with Nature and Respect for Things Aged", San Jose Mercury News, Thursday, 29 October 1992, Morning Final Edition, Garden Sec., p. 1B San Jose Mercury Staff, "History Group Looks at Hakone Gardens", San Jose Mercury News, Wednesday, 11 January 1995, Morning Final Edition, Extra 2 Sec., p. 8 • M~:, BACK n one page ~341U01~ http://www.scu.edu/SCU/Programs/Diversity/hakone.htm] 12/18/2003 iies~c~re ,America Partnersitip: IialcaDe Gurtiens. C'A ~tAT`1~1~.~.I. °i'RU1° ttrv~rgrlka ~rtr~s+;kr~a~r~u:~- H+~~~- _---- R,estare Anr~rre. A Salute to Preservation Historic Sites 2004 - 2005: Hakone Gardens Sa•„M~. nma ~amtwrn nEYa NWt monad Tr[,!rzt Hesflrtft~~rfr•••dr N~e[r~a~al Trtir~g. Aw aiae IaCt Slt~'•a a1 fAOsE Briafnrrgcred'. €a~a~ Rc~strst~ i4ni~+e3t#+. 0 Restore Arrraeioa 331es 2iKtE Rcstr>~,Rreaarka Sties ResYt:ra Arwrr~ca 9 dfala Lrgmf. d+=d5rur~Gy' tc ~.~o m;s and Irzabaltwc rc. Barn Again Save America's Treasures Site Resources Join the National Trust __ Contact the National Trust Organization: Hakone Foundation Project: Hakone Gardens Location:Saratoga, CA Description: Hakone Gardens and Retreat Center is composed of 18-acres of magnificent beauty nestled in the rolling hills which overlook Silicon Valley. This cultural jewel includes the oldest Japanese residential gardens in the Western Hemisphere. Founded before America's entry into World War I, Hakone is considered one of the premier Japanese-style Gardens, of the Edo Period (circa 1603-1867), internationally. The result is one of the finest water and botanical gardens outside of Japan, complete with waterfalls; koi ponds and verdant groves of bamboo Torest, manicured Japanese Black Pines, Irises, and Laceleaf Maples, wisteria arbors and cherry blossoms. Named after the mountainous hot springs resort near Mount Fuji, San Francisco arts patron Isabel Stine sought to reproduce the peaceful simplicity she found in Japan when she created Hakone Gardens in 1915. Hakone has been called the only true Japanese gardens in the United States--a re-creation of a typical 17th century estate garden, where the characteristic Japanese organic architecture does not interrupt the tranquility of nature. Japanese architects, artisans, and gardeners (including a gardener descended from a family of imperial gardeners) were hired to achieve and maintain this authenticity of design. Situated at the edge of Silicon Valley, Hakone is a community treasure of both national and international significance, offering a tranquil environment for solace and meditation as well as authentic tea rituals, festivals, classes, and historic events. Help from the National Trust In 2001, Hakone was selected by the Japanese Government to serve as one of the offcial sites to host the 50th Anniversary of the historic Peace Treaty The National Trust in between Japan, the United States and 46 other nations, which officially ended Your State the Second World War. Several Japanese Ambassadors to the United States National Tnist Home were present along with dancers, artists and performers from throughout China, Page Korea and Japan. Hakone also hosted the 35th Prime Minister of Japan, the honorable Morihito Hosakawa, who is also Lord of Mushashi Province, in a cultural celebration which featured the bonding ties of the Japanese and American cultures. This coming spring of 2004, the Hakone Foundation, along with the Consul General of Japan in San Francisco, will host a weekend of cultural programs and seminars to mark the 150th Anniversary of the Treaty of Peace and Amity between the United States and Japan; negotiated by Commodore Perry. httr~/Auw~u nalinnaltrnct nro/rectnre america/cites/~nnA hak~neoarrlenc htrnl Pale 1 tit-Z i~sratE u a sAt„UTE 11t PRERVAT 5ea~ Che tl9r'tiE saGfaFdule tGr Amar+ca ail L9N1A1 itAWVt 2pW HEaMri t ~n u/~nn~ (Courtesy of Hakone Gardens) Restore America Partnership: Hakone Gardens, CA The Hakone Foundation has launched a broad multi-million project to enhance and renovate these historic gardens. There are a number of renowned structures on Hakone's 18-acre site. The Cultural Exchange Center (CEC), one of the only buildings of its kind, was designed and built by Kiyoshi Yasui, a 14th generation architect to the Imperial Dynasty. The CEC was assembled in Kyoto, using traditional Japanese building materials and methods, shipped to Saratoga, and reassembled at Hakone. It includes both a museum and a replica of an 18th Century tea merchant's residence and shop. Most importantly, Hakone hopes to continue to serve as a hemispheric bridge, across the Pacific, between the civilizations of Asia and the Americas. Located in one of the most culturally diverse communities in the world. Silicon Valley, Hakone is a cultural gem which will continue to serve as an international venue for our emerging global culture. "Restore America: A Salute to Preservation" is amillion-dollar public affairs initiative by Home B Garden Television to generate support /or the National Trust and Save America's Treasures. Inspired by the popular HGTV series Restore America, this national campaign to raise awareness o/preservation will recognize restoration efforts at twelve National Trust/Save America's Treasures sites. Each site will be featured /or one month on Restore America and will be saluted with one-minute celebrity vignettes broadcast on HGTV. In addition, HGTV will air two Restore America specials, one in July 2003 and another in 2004. Page 2 of 2 Why Preserve Gel Involved Historic Places Community Builtling Historic Travel Books antl Gifts Search Sile Index Home 0 2003 National Trust for Historic Preservation. All rights reserved. Terms of Use Privacy Statement or~~®ls http://www.nationaltrust.org/restore_america/sites/2004_hakonegardens.html 12/ 18/2003 A Visit to the Hakone Gardens Page 1 of 2 A Visit to the Hakone Gardens For our FRC project we decided to look at the history and culture of the Japanese Hakone Gardens. The Hakone Gardens are traditional Japanese Gardens of uneven terrain located in Saratgoga. We all enjoyed exploring the serene landscape of a different culture. In 1916, San Francisco arts patrons, Oliver and Isabel Stine purchased 16 acres of Saratoga hillside to build a summer retreat for family and friends. The couple was interested in the Japanese culture, so Mrs. Stine traveled to Japan to get ideas. She visited the Hakone Park in Japan and was impressed with its beauty and spirituality. Mrs. Stine decided to construct her own Hakone Gardens in Saratoga. In 1918, she hired a Japanese architect to design a moon viewing house and a Japanese landscaper to create the gardens. IN 1932, a bay area financier Major C.L. Tilden, became the owner of the gardens. He added the main gate to the Gardens. In 1966, the city of Saratoga purchased Hakone Gardens to protect it from subdivision and development. The city hired Tanso Ishihara, Kyoto-trained landscape gardener, to begin the arduous task of restoring the Gardens. Upon his death, his student took a three month apprenticeship in Kyoto. when he returned, he was appointed Japanese Garden Specialist. With Mrs. Ishihara, he has worked to maintain the beauty and authenticity of Hakone Gardens. Completed in 1991, the center is a reproduction of a 19th century Kyoto tea merchants house and shop. Timbers were cut and first assembled in Japan with the use of traditional tools and methods. Once shipped to Saratoga, a team of Japanese carpenters raised the building on the prepared sight. The center hosts artists in residence programs as well as a variety of classes, lectures, and demonstrations presented by the Hakone Foundation. The Center also offers expanded tea ceremony facilities and a tea museum. The building provides space for a variety of workshops. Established in 1984, the Hakone Foundation is dedicated to preserving, enhancing, and developing Hakone Gardens in the most authentic ways possible. The non-profit Foundation seeks to manage the Gardens toward independence from public financing by encouraging membership contributions, managing rentals of the buildings and Gardens and by sponsoring programs that promote cultural awareness and appreciation of the Japanese culture. The Hakone Gardens say a lot about Santa Clara county's appreciation for other cultures. Because Saratoga has supported the up keeping of the Hakone Gardens, everyone in the area can also enjoy the cultural experience of the Japanese gardens. VYJ'VI.P.L http://www.scu.edu/SCU/Programs/Diversity/hakonfr.html 12/18/2003 A Visit to the Hakone Gardens Page 2 of 2 WRITTEN BY; Mike Cain Katie Guiterrez Brodie Thomas Kim Helsel rJ Sl~al ~.~YC7 http://www.scu.edu/SCU/Programs/Diversity/hakonfr.html 12/18/2003 JHN-~f-2L~194 13: ati YKU19: ~/(atteoni ~ Saxe ~ Laughlin A W Y E R 1~'w:nrul E. Maueoni Neggy M. O'Loughlin BTadlep M. Mnnenni Rnrtnn G. Herhlman Crn~~~ 7lnulihan .q IICn r~Ul)C TI SaA[ Of (.0^nGP~ Re: A~alication No 03-201121170 Bio Basin Wav Dear Chairperson Hunter and Members of the Commission:. 1 .L On behalf of the Brittons, who own one of the two parcels subject to the proposed Urban Service Area expansion, I wanted to provide you with a bit more information to bring additional clarity to the staff report for your meeting on the 28th. Specifically, it is important for the Commission to know that, under the present circumstances, addirig these properties to the Urban Service Area will provide no actual benefit to the City of Saratoga.; and the City of Saratoga is not able to annex these properties without the owners' permission. Expanding the Urban Service Area will provide no actual benefit to the City. As stated in the staff report, so long as these properties remain in the County, the County's design review guidelines apply. That means that even with these properties within the Urban Service Area, the City's comments as to the size, height or design of any proposed house will have no more influence in the County than the comments of any neighbor might. Similarly, because the parcel size requirements are the same under the current County zoning (HS-d No. 1) and the City pre-zoning (ROS), both df which have 20 acre minimum requirements, this 7.53 acre parcel cannot be subdivided. Hence, there is no potential subdivision decision to be made by the County over which the City ' 648 The Alameda San Jose, CA 9512E . ph. 408.293.4300 ,, ('1 fnz. 408.293.4004 IU•OOOICOV • January 27, 2004 VIA FACSIM/CE AND U.S. MAIL Chairperson Jill Hunter and Members of the Planning Commission City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 9:5070 . J MIY-C I'CU'/JY 1..J•JO rRU~"~• Chairperson Jill Hunter ~~~ ~~~ January 27, 2004 Page 2 could have any "influence". Further, if there is a second parcel which is entitled bylaw to be recognized through the Certificate of Compliance process, that process applies identically to the City and the County, and hence the City could not have any "influence" under that scenario. The only way in which the City of Saratoga could have actual influence over the development of the Brittons' property is to annex it. However, the City is unable to annex the Brittons' property without the Brittons' consent. This is because State law provides that the owners of 50% of the assessed value of property proposed to be annexed can defeat the annexation by protesting it. Here, where the Britton/English parcels are surrounded on two sides by property already in the City limits, and the other two sides by County park, the only parcels available for potential annexation would be the Britton and English parcels. If the City attempted such an annexation, the Brittons and Englishes, holding 100% of the assessed value of the properties proposed for annexation, would protest that annexation, and it would be defeated. The Brittons do not want their property included in the Urban Service Area. The Commission should send a negative recommendation to the City Council on this matter. The City should not use the only Urban Service Area expansion it is allowed annually for an expansion that brings no actual benefit to the City. BGH: Ve ruly y~ur~ / (f~// B TON G. HECHTMAN cc: Dave Britton Matteoni ~ Saxe, _ ~ Laughlin ~ a w v e a s January 13, 2004 \~urm an E. 69aueoni Peggy M. O'].aoghlin Bradley M. \9at~roni Barton G. Hechtman Gerry Houlihan .Allen Roheri~Saxe Qf Gnu nse~ _ ADVANCE COPY VIA FACSIMILE - (408) 868-1280 Chairperson Jill Hunter and Members of the Planning Commission Gity of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 Re: Apalication No 03-201/21170 Big Basin Way Dear Chairperson Hunter and Members of the Commission: i represent David and Saralouise Britton, the owners of one of the two parcels which are the subject of the above-referenced application, currehtly scheduled to be heard by you on January 14, 2004. I write to express the Brittons' concerns. Procedurally, the formal notice of the hearing describes the Commission's actions as being consideration of three items:. (1) inclusion of these properties within the City's Urban Service Area,. (2) designation of these properties for General Plan purposes as Residential Hillside Conservation (RHC), and (3) adoption of a negative declaration regarding the General Plan designation. However, it appears from the Staff Report that after the notice was acnt c::t, Pl~nr: ^^ stsf` diSCeV~reG7 .that the propirrr;es alroady ha.d a "predesignation" for General Plan purposes of Hillside Open Space, and that based oh that discovery, the item coming before you on the 14`" apparently no longer includes consideration of a General Plan or a negative declaration., but does include consideration of a categorical exemption. That being the case, three points need to be made. First; this item should properly be delayed and renoticed so that there is, clarity as to exactly what actions the City is contemplating. Second, since it appears that there is no 848 The Alameda San lose; CA 95]26 ph. 408.293.4300 fax. 408.293.4004 ,I ~~~ www.matteoni.com Chairperson Jill Hunter January 13, 2004 and Members of the Planning Commission Page 2 negative declaration being considered, there is no "cut-off date" of January 12, 2004 for comments. I believe that the language in the draft resolutions attached to the staff report need to be revised to eliminate the discussion regarding the negative declaration: The reason that staff did not receive comments on the negative declaration by January 12, at least from this office, was because this office was informed prior to that date that there was no negative declaration being considered. Finally, in order to qualify for a categorical exemption under CEQA, the resolution should state that inclusion in the Urban Service AreG will not reduce the properties' developable densities. Substantively, the Brittons want to make sure that the actions you take are fully informed. Therefore, please be aware of the following facts: In early August of 2003, without any notice to the Brittons, your City Council instructed staff to initiate actions necessary to bring the Brittons' property within the City's Urban Service Area. During approximately that same week, members of your City Council and representatives of Hakone Gardens visited the site and expressed interest in acquiring the property in order to enlarge this City park. The Brittons' believe that inclusion in the City's Urban Service Area will reduce the value of their property by increasing regulations applicable to its development. Given the City's expressed interest in acquisition ofthis property, be advised that it is illegal for a governmental entity to impose regulations on property which facilitate the government's acquisition of that property at a decreased fair market value. Finally, the Brittons, who will be at your hearing, seek clarity as to the practical impact of the City's actions, as the Brittons will need to disclose that impact to prospective buyers of their property. It is our understanding that the City's Design Review Guidelines do not apply to properties located within the City's Urban Service Area but outside the City limits. We would ask that your staff either confirm or refute this belief at the hearing. Very~ruly yours // ~~~ BARYON G. HECHTMAN BGH:jg cc: Mr. and Mrs. Britton (by fax) SARATOGA CITY COUNCIL MEETING DATE: March 17, 2004 AGENDA ITEM: ~' ORIGINATING DEPT: City Manager's Office CITY MANAGER: ~~L-~~"~- PREPARED BY: Lorie Tinfow Assistant City Manager DEPT HEA Q ~-~p~6'~` ~~ SUBJECT: Animal Control Service Agreement with the City of San Jose RECOMMENDED ACTIONS: Authorize the City Manager to execute the agreement between the City of San Jose and the City of Saratoga for animal control services. Provide direction to staff regarding funding for Wildlife Center of Silicon Valley. REPORT SUMMARY: City of San Jose Agreement. At the January 21, 2004, meeting, City Council directed staff to complete negotiations with the City of San Jose for animal control services starting July 1, 2004. Attached is the final agreement. Significant terms follow: • Agreement length is twenty years • Payments are fixed for 3-year terms so for year 2004-05, 2005-06, 2006-07, Saratoga will pay $155,000 each year for animal control services • The capital contribution of $300,000 is refundable to Saratoga within the first 3 years if the agreement is terminated • Either party may terminate Wildlife Center of Silicon Valley. For the past two years, the Silicon Valley Animal Control Authority (SVACA) has included in their budget contributions to the Wildlife Center of Silicon Valley (WCSV) for all member cities including Saratoga. With Saratoga's withdrawal from SVACA, the questions of how to pay and how much to pay the Wildlife Center have been raised. The agreement with San Jose will cover the costs of Saratoga animals that they "handle" (those animals brought to WCSV by their staff). The animals brought directly to WCSF by other means (i.e., by Saratoga residents) will not be covered in the agreement. Starting in 1999, the Wildlife Center asked each City to contribute a minimum amount equal to 5% of WCSV's contract fees. This year, the total amount they are asking Saratoga to contribute is $6212. (This amount constitutes 2% of their total budget; a copy of their annual report is attached.) Typically, the number of animals from Saratoga taken in by WCSV makes up about 2.5% of the total number of animals each year. San Jose is likely to handle about 1.25% (half of the 2.5%) of animals at a cost of approximately $1257. Any additional amount would be paid directly by Saratoga to the Wildlife Center of Silicon Valley. The balance requested is approximately $4955. Staff requests direction on how to proceed with WCSV. FINANCIAL IMPACTS: The agreement with the City of San Jose requires payment of $300,000 (currently budgeted in the CIP) within 35 days of agreement execution and payment of $155,000 per year beginning July 1, 2004. The request from WCSV is for $4952. The amount budgeted for animal control services for the current budget year (2003-04) is $160,000. FOLLOW UP ACTIONS: Staff will execute the agreement, and take steps to budget and pay the Wildlife Center any amount authorized. ADVERTISING, NOTICING AND PUBLIC CONTACT: Truth Burney, Wildlife Center of Silicon Valley, and Jon Cicerilli, San Jose Animal Control, were sent copies of this report and invited to attend the meeting. ATTACHMENT: 1. Copy of final agreement between City of San Jose and City of Saratoga for anima] control services 2. Copy of Wildlife Center of Silicon Valley's 2003 Annual Report RD: RLT 3/11 /2004 ANIMAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN JOSE AND THE CITY OF SARATOGA This Animal Services Agreement ("AGREEMENT") is entered into this _____ day of 2004, byand between the CITY OF SARATOGA, a municipal corporation (hereinafter "SARATOGA'"), and the CITY OF SAN JOSE, a municipal corporation (hereinafter "SAN JOSE"). SARATOGAand SAN JOSE are hereinafter collectively referred to as the "PARTIES." RECITALS WHEREAS, SARATOGAdesires to provide certain animal control services to its residents and citizens; and WHEREAS, SAN JOSE has the personnel and facilities necessary to provide the animal control services. NOW, THEREFORE, in consideration of the mutual covenants set forth in this AGREEMENT, the PARTIES hereby agree as follows: SECTION 1. SCOPE OF SERVICES. SAN JOSE shall perform those services specified in detail in E>~ibitA, entitled "SCOPE OF SERVICES" ("Animal Services"), which is attached hereto and incorporated herein. T-3109244475.3 1 RD:RLT 3/11 /2004 SECTION 2. TERM The term of this AGREEMENT shall be from July 1, 2004 to June 30, 2024, inclusive. SAN JOSE shall begin providing Animal Services pursuant to this AGREEMENT on July 1, 2004. SECTION 3. CAPITAL CONTRIBUTION Within thirty-five days of the execution of this AGREEMENT, SARATOGAshall pays one-time capital contribution payment to SAN JOSE of Three Hundred Thousand Dollars ($300,000). The capital contribution is to be used toward the SAN JOSE'S new animal shelter, a new animal control vehicle, and overhead costs related to the expansion ofthe shelter facility. In the event SARATOGAor SAN JOSE terminates the AGREEMENT as specified under SECTION 12 of this AGREEMENT, SAN JOSE shall refund SARATOGA's capital contribution based on the following schedule for effective date of termination and amount: July 1, 2004 through June 30, 2005 $300,000 July 1, 2005 through June 30, 2006 $200,000 July 1, 2006 through June 30, 2007 $100,000 If the effective date of the termination is after June 30, 2007, no refund shall be paid to SARATOGAfor the capital contribution. SECTION 4. MONTHLY PAYMENT PROVISIONS. A. Payment Schedule SARATOGAshall make payments in equal monthly installments for services provided after execution of this AGREEMENT. All installment payments bySARATOGAshall be due and payable on the first day of the month and shall be delinquent on the fifteenth (15) business day thereafter without demand or notice to SARATOGA. SAN JOSE will T-31091244475.3 2 RD: RLT 3/11/2004 provide SARATOGAwith monthly invoices at least fifteen (15) calendar days prior to the payment due date. B. Payment Amounts For Animal Services provided by SAN JOSE to SARATOGAunderthis AGREEMENT, SARATOGAshall pay SAN JOSE compensation each fiscal year for the period of July 1, 2004 through June 30, 2007 in accordance with Section 4.A. as follows: Field Service and Shelter Services $155,000 The cost for Field and Shelter services will be a flat fee. This cost incorporates all administrative costs, Medical Services, and Dead Animal Services. The compensation for Animal Services under this AGREEMENT shall remain the same for three fiscal years (e.g. Fiscal Years 2004-2007) and adjust after everythird fiscal year thereafter (e.g. Fiscal Years 2007-2010, 2010-2013, etc.). The PARTIES agree that the adjusted rate shall be based on the formula detailed in Exhibit B, which is attached hereto and incorporated herein. In the event SAN JOSE provides services to SARATOGA prior to the execution ofthis AGREEMENT, SARATOGAshall compensate SAN JOSE in accordance with the terms setforth in SECTION 4 ofthis AGREEMENT. SECTION 5. INSPECTION OF FlNANCIAL BOOKS AND RECORDS. During the term ofthis AGREEMENT, SAN JOSE shall keep its financial books and records directly pertaining to the provision of Animal Services under the AGREEMENT open to inspection and audit bySARATOGAor SARATOGA's designated representative(s), upon request of SARATOGA, and during normal business hours. Any audit ofSARATOGA's financial books and records conducted bySARATOGAshall be at the expense of SARATOGA T-3109244475.3 3 RD: RLT 3/11/2004 SECTION 6. CONFlDENTIALITY. SAN JOSE agrees that to the extent consistent with the California Public Records Act and applicable California law, it shall maintain in confidence and shall not disclose to anythird party reports or other documents prepared in connection with the performance of Animal Services under the AGREEMENT. SECTION 7. PROJECT MANAGER. The PARTIES shall each designate a Project Manager through whom any necessary review of the Animal Services performed under the AGREEMENT will occur. SECTION 8. INDEMNIFlCATION. In lieu of and notwithstanding the pro rata risk allocation which might otherwise be imposed between SAN JOSE and SARATOGApursuantto GovernmentCode section 895.6, SAN JOSE and SARATOGA agree that all losses or liabilities incurred by a party shall not be shared pro rata as defined in Government Code section 895.6, but instead SAN JOSE and SARATOGAagree that pursuantto Government Code section 895.4, each of the PARTIES hereto shall fully indemnifyand hold the other party, their officers, board members, employees and agents, harmless from anyclaim, expense or cost, damage or liability imposed for injury(as defined byGovernment Code section 810.8) occurring by reason of and onlyto the extent of the negligent acts or omissions or willful misconduct of the indemnifying party, its officers, board members, employees or agents, under or in connection with or arising out of any work, authorityorjurisdiction delegated to such partyunderthis AGREEMENT. No parry, nor anyofficer, board member, employee or agentthereofshall be responsible to the extent any damage or liabilityoccurs by reason of the negligent acts or omissions or willful misconductofthe other party hereto, its officers, board members, T-31091244475.3 4 RD:RLT 3/ 11 /2004 employees or agents, under or in connection with or arising out of anywork, authority or jurisdiction delegated to such other parties under this AGREEMENT. SECTION 9. INDEPENDENT CONTRACTOR RELATIONSHIP. This AGREEMENT shall in no way be construed to constitute SAN JOSE as the partner, legal representative, or em ployee of SARATOGA or SARATOGA of SAN JOSE for any purpose whatsoever, or as the agent of Sp,RATOGAor SAN JOSE, and neither parry shall act or attempt to act or represent itself directly or by implication as having such status or relationship. The PARTIES shall have the relationship of independent contractors, and except as specifically provided in this AGREEMENT, each partyshall be solelyresponsible for all obligations and liabilities pertaining to the business, activities, and facilities of that party. As an independent contractor, the PARTIES shall obtain no rights to retirement benefits or other benefits, which accrue, to the PARTIES' respective employees, and the PARTIES hereby expressly waive any claim either of them may have to anysuch rights. SECTION 10. ASSIGNABILITY. SAN JOSE and SARATOGA acknowledge and agree that the expertise and experience of SAN JOSE are material considerations inducing SARATOGAto enter into this AGREEMENT. SARATOGAacknowledges and accepts that a portion of the Animal Services shall be provided bya handler of dead deer and livestock, wildlife services, and/or independent veterinary doctors. NeitherPARTYshallassignortransferany interest in this AGREEMENT, or the performance of any obligations hereunder, other than those services provided bythe handler of dead deer and livestock, wildlife services, and/or independent veterinary doctors, without the prior written consent of T-31091244475.3 5 RD: RLT 3/11 /2004 the other, and any attempt by either of the PARTIES to assign this AGREEMENT or any rights, duties or obligations arising hereunder shall be void and of no effect. SECTION 11. NONDISCRIMINATION. Neither PARTY shall discriminate, in anyway, against any person on the basis of race, sex, color, age, religion, sexual orientation, actual or perceived gender identity, disability, ethnicity, or national origin, in connection with or related to the performance of this AGREEMENT SECTION 12. TERMINATION OF AGREEMENT. A. Termination This AGREEMENT maybe terminated earlier at anytime: 1. Upon the written consent of both SAN JOSE and SARATOGA; 2. Byeither SAN JOSE or SARATOGA immediately upon notice to the other, if the other breaches any material obligation under this AGREEMENT and such breach remains unremedied for at leastthirty(30) days following written notice thereof to the breaching party, or 3. Upon at least one hundred eighty (180) days prior written notice by SARATOGAto SAN JOSE or SAN JOSE to SARATOGAofthat part~/s desire to terminate this AGREEMENT. If SARATOGAdoes not appropriate the full amounts due to SAN JOSE under this AGREEMENTfor anyfiscal year on or before June 30 of the year directly preceding the fiscal year for which Animal Services are provided by SAN JOSE, then that action shall, as of the same June 30, constitute the start of the 180-day notice of termination of this AGREEMENT bySARATOGApursuantto this SECTION. T-31 091 244 475.3 6 RD: RLT 3/11 /2004 B.Effects of Termination Upon the effective date ofanytermination of this AGREEMENT, SAN JOSE's obligation to provide Animal Services to SARATOGAunderthis AGREEMENT shall cease, and SARATOGA's obligation to make payments hereunder for periods of time afterthe effective date of termination shall cease, provided that the PARTIES shall have anyand all remedies available under law for anybreach of this AGREEMENT. The PARTIES mayalso elect to negotiate a new agreementforthe provision of Animal Services at anytime afterthe effective date of termination. C.Termination Costs In the event SARATOGAelects to terminate this AGREEMENT, SAN JOSE shall be reimbursed for stray animals that were sheltered for SARATOGA but not paid for prior to termination, for a period of twelve (12) months from the date of termination. SARATOGA shall pay SAN JOSE for Shelter Services in accordance with SECTION 4.A The sum to be paid shall be calculated from the pro rata share of the annual contract amount based on the month of termination. SECTION 13. COMPLIANCE WITH LAWS. Each PARTYshall complywith all applicable laws, ordinances, codes and regulations of the federal, state and local governments. SECTION 14. GIFfS. A. SARATOGAis familiar with SAN JOSE's prohibition against the acceptance of anygifts bya SAN JOSE officer ordesignated employee, which prohibition is found in Chapter 12.08 of the San Jose Municipal Code. B. SARATOGAagrees not to offer anySAN JOSE officer or designated employee gifts prohibited bysaid Chapter. T-3109244475.3 ~ RD: RLT 3/11 /2004 C. The offer or giving of anygift prohibited by Chapter 12.08 shall constitute a material breach of the AGREEMENT bySARATOGA. In addition to any other remedies SAN JOSE may have in law or equity, SAN JOSE may terminate this AGREEMENTforsuch breach as provided in Section 12.A2 of this AGREEMENT. SECTION 15. RETROACTIVE SERVICES PROVIDED. It is understood and agreed that SAN JOSE may have provided services pursuantto the provisions of this AGREEMENT, but prior to the execution of this AGREEMENT by the PARTIES, in anticipation of this execution. SARATOGAshall compensate SAN JOSE for those services in accordance with the terms of this AGREEMENT. However, in no instance shall SAN JOSE be compensated under this AGREEMENTfor work performed for SARATOGA prior to July 1, 2004. SECTION 16. INSURANCE. SAN JOSE shall, at its own expense, maintain a program ofself-insurance and/or insurance as specified in EXHIBIT C "INSURANCE," which is attached hereto and incorporated herein. SECTION 17. NOTICES AND INVOICES. All notices and invoices required or permitted hereunder shall be deemed to have been received when delivered in person or if mailed, on the third (3`d) business day after the date on which mailed, postage prepaid, and addressed to each party as follows: T-3109 244475.3 $ RD:RLT 3/11 /2004 To SAN JOSE: Director San Jose Animal Care and Services 1821 Zanker Road San Jose, CA95112 To SARATOGA: Assistant City Manager City Manager's Office City of Saratoga 13777 Fruitvale Ave. Saratoga, CA 95070 The PARTIES agree to notify each other in writing of any change in the address no later than thirty (30) days prior to the change in location for receipt of notice. SECTION 18. VENUE In the event that suit shall be brought by either partyto this AGREEMENT, the PARTIES agree that venue shall be exclusivelyvested in the state courts of the State of California, County of Santa Clara, or if federal jurisdiction is appropriate, exclusively in the United States District Court, Northern District of California, San Jose, California. SECTION 19. GENERAL PROVISIONS. A. Entire Aareement This AGREEMENT constitutes the entire agreement between the PARTIES hereto relating to the subject matter hereof and supersedes all prior and contemporaneous oral and written commitments, understandings and agreements. No changes or modifications to this AGREEMENT shall be valid or binding unless contained in a written amendment duly executed by the PARTIES. B. Waivers No delay or failure of either party to exercise or enforce at anytime any right or provision of this AGREEMENT shall be considered a waiver of such right or provision T-3109 244475.3 9 RD:RLT 3/11 /2004 or of such partys right thereafter to exercise or enforce each and every right and provision of this AGREEMENT. In order to be valid, anywaiver shall be in writing but need not be supported by consideration. No single waiver shall constitute a continuing or subsequent waiver. Neither the acceptance bySARATOGAofthe performance of any work or services performed by SAN JOSE nor the acceptance of compensation by SAN JOSE shall be deemed to be a waiver of anyterm or condition of this AGREEMENT. C. Interpretations In construing or interpreting this AGREEMENT, the word "including" shall not be limiting. The PARTIES agree that this AGREEMENT shall be fairly interpreted in accordance with its terms without anystrict construction in favor of or against either parry. D. Invalid Provisions If anyprovision of this AGREEMENT shall be held illegal, invalid, or unenforceable, in full or in part, such provision shall be modified to the minimum extent necessaryto make it legal, valid, and enforceable, and the other provisions of this AGREEMENT shall not be affected thereby. E Further Documents The PARTIES agree, upon request, to sign and deliver such other documents as may be reasonably required to carry out the intent and provision of this AGREEMENT. F. California Law This AGREEMENT shall be governed byand construed and enforced in accordance with the laws of the State of California. G. Counterpart Execution This AGREEMENT maybe executed in one or more counterparts, each ofwhich shall be deemed an original, and all ofwhich shall constitute one and the same document. _ T-3109 244475.3 1 ~ RD:RLT 3/11 /2004 IN WITNESS WHEREOF, the PARTIES hereto have executed this AGREEMENT as of day of___________, 2004. APPROVED AS TO FORM: ROSA L. TSONGTAATARII Associate Deputy City Attorney APPROVED AS TO FORM: RICHARD TAYLOR City Attorney ATTEST: CATHLEEN BOYER City Clerk "SAN JOSE" CITY OF SAN JOSE, a m unicipal corporation PETERJENSEN Assistant to the City Manager "SARATOGA' CITY OF SARATOGA, a municipal corporation DAVE ANDERSON City Manager T-3109244475.3 1 1 RD: RLT 3/11 /2004 IXHIBIT A SCOPE OF SERVICES SECTION 1. SERVICES PROVIDED. For the consideration set forth herein, SAN JOSE shall provide to SARATOGAField, Licensing and Sheltering Services. These categories of service are collectively referred to as "Animal Services." Calls for animal related services not provided by SAN JOSE shall be referred by SAN JOSE to the appropriate enforcement agencyof SARATOGAin writing or by electronic mail. SECTION 2. DEFlNITIONS. A. "Criticallysick or injured animals" means those animals that have life- threatening conditions. _ B. "Dangerous Animals" means anywild, exotic, nondomestic or venomous animal, or other animal that because of its size, disposition or other characteristics, would constitute a danger to persons or property as defined in Chapter 7 the Saratoga City Code. C. "Emergency Calls"means complaints of animal bites or attacks on humans or domestic animals that are in progress, a high risk animal bite to human or domestic animal, or, where a bite has occurred and the animal remains a threat to humans or domestic animals. D. "Holidays" are New Years Day, Martin Luther King Day, President's Day, Caesar Chavez Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, Day After Thanksgiving,Ghristmas Eve Day, Christmas Dayand New Years Eve Day. 244475.3 p'-1 RD: RLT 3/11 /2004 E "Vicious Dog" means any dog, except a dog assisting a peace officer engaged in law enforcement duties, which demonstrates anyor all of the following characteristics ofa vicious animal, as set forth in Title 7 ofthe Saratoga City Code: (1) Has attacked, without provocation, a person or domestic animal; (2) Has chased, menaced or approached a person or a domestic animal in a threatening manner or apparent attitude of attack, without provocation; (3) Has a known propensity, tendencyor disposition for unprovoked attack; (4) Has been speciallytrained to attack persons or domestic animals or otherwise has been trained as an attack animal; or (5) Is owned or kept in whole or in part for the purpose of animal fighting or has been trained for animal fighting. F, "Wildlife" means any animal that is native to this region and recognized as an indigenous species such as opossums, raccoons, skunks or squirrels. SECTION 3. FlELD SERVICES. A. FlELD SERVICES SAN JOSE shall provide 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 services (the "Field Services") upon a request or complaintfrom SARATOGA or from a person within the boundaries of SARATOGA 244475.3 p`'2 RD:RLT 3/11 /2004 (1) Pick up of confined straydogs, 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 straydogs, cats, birds, and other small animals that are located on public property or readily accessible on private propertywith the consent of the property owner or the property owner's authorized agent; (3) Pickup of injured or sick Wildlife, and livestock; (4) Pick up dead animals in accordance with SECTION 5 of this Exhibit A; (5) Investigate complaints of animal bites or attacks on humans, including the preparation of a report, interviewing the parties involved, quarantining animals which have bitten humans, preparing and transporting biting animals for rabies testing, and investigating alleged violations of a quarantine order; a) The investigation contemplated under this SECTION 3.A5 maybe conducted by telephone when the owner and victim are the same person. In all other cases, SAN JOSE will meet and conduct a personal interview(s) with the owner in order to complete the investigation and quarantine the animal as necessary, (6) Investigate and refer complaints of Vcious Dogs and/or Dangerous Animals to the appropriate enforcement agencyof SARATOGAfor resolution. Investigations shall include preparation ofa report, interviewing the parties involved, and collecting available historical data; (7) Respond to complaints of dogs running at large, attempt to capture them and provide follow-up patrol if appropriate; 244475.3 A-3 RD:RLT 3/11 /2004 (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) Investigate complaints of activities criminal in nature, such as animal cruelty, neglect and fighting including preparation of a report, interviewing the parties involved, and collecting available historical data for referral to the Santa Clara County District Attorneys Office. SAN JOSE shall provide SARATOGAa copyofthe investigative packet and in each case obtain SARATOGA's decision and authorization to refer the case to the Santa Clara County District Attorneys Office. If needed or appropriate, SAN JOSE personnel shall appear for court proceedings at no additional cost to SARATOGA; (10) Investigate and refer complaints of animal abuse or neglect, under the Saratoga Municipal Code, to the appropriate enforcement agency of SARATOGAforresolution. Investigations shall include preparation ofa report, collecting available historical data, and mayinclude interviewing the parties involved; (11) Investigate and refercomplaints of excessive number ofanimals to the appropriate enforcement agencyof SARATOGAfor resolution; (12) Respond to complaints in progress of domesticanimals causing a nuisance, except domestic animals making noise, and provide follow-up patrol if appropriate. SAN JOSE may issue citations for certain nuisances caused by domestic animals, as defined under Saratoga City Code; (13) Respond to complaints of venomous or other dangerous snakes and bats that are located on public property or readily accessible on private 244475.3 A~ RD: RLT 3/11/2004 property with the consent of the propertyowner or the property owner's authorized agent. The PARTIES agree that during the course of administering Field Services, police assistance maybe necessary. Upon requestfrom SAN JOSE, SARATOGAshall provide the police assistance necessary to administer said Field Services. B. RESPONSE TIME PERFORMANCE STANDARDS SAN JOSE shall make all reasonable efforts to respond to complaints and requests received by SARATOGAor from persons within the boundaries of Saratoga at a performance standard level that is no less than the following during normal business hours: (1) PRIORITY1 - Response to Emergency calls; police assist; bites to human and/or domestic animal from bats and skunks; at large Vicious Dogs; at large quarantined animal; criticallysick or injured animal; and animals in distress. a) Response shall be on a twenty-four (24) hours per day, seven (7) days per week basis and shall be 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. (2) PRIORITY2 -Response to complaints of bites; animals on school grounds; animals that pose a traffic hazard on the streets of SARATOGA; animals in traps; animals suffering from crueltyor neglect; and confined strays . a) Response shall be during normal business hours and shall be within two business hours from the time the call for service is received by SAN JOSE to the time SAN JOSE personnel arrive on the scene Monday through Fridayandwithin four business hours from the time the 244475.3 A-5 RD: RLT 3/ 11 /2 004 call for service is received by SAN JOSE to the time SAN JOSE personnel arrives on scene on Saturdays, Sundays and Holidays. (3) PRIORITY3 - Response to any calls remaining from PRIORITY 1 and 2; dead animal pick up; and dogs running at large. a) Response shall be during normal business hours and shall be within four business hours from the time the call for service is received by SAN JOSE to the time SAN JOSE personnel arrive on scene Monday through Fridayand within eight business hours from the time the call for service is received by SAN JOSE to the time SAN JOSE personnel arrives on scene on Saturdays, Sundays and Holidays. C. RESPONSE AFTER NORMAL BUSINESS HOURS SAN JOSE shall respond to PRIORITY 1 calls during and after normal business hours, twenty-four hours per day, seven days per week including Holidays. SAN JOSE shall make all reasonable efforts to respond to PRIORITY2 calls received after normal business hours no later than 11:00 a.m. the following business day. SAN JOSE shall make all reasonable efforts to respond to PRIORITY3 calls received after normal business hours no later than 3 p.m. the following business day. D. EXCLUDED SERVICES The following services are not included in the services provided by SAN JOSE under this AGREEMENT: (1) Removal and disposal of dead marine mammals; (2) Pickup and transportation of uninjured or healthy, living Wildlife; (3) Pickup animals for surrender at the owner's request except that SAN JOSE may provide these services in SAN JOSE's discretion and charge a fee to be paid by the owner separate and apart from this AGREEMENT; 244475.3 p`~ RD:RLT 3/11/2004 (4) Permitting or inspection of events with animals; (5) Investigation of complaints that onlyrelate to domestic animals or Wildlife making noise. SECTION 4. SHELTER SERVICES. A. SHELTER SERVICES SAN JOSE shall provide the shelter facilities, supplies, animal attendants, supervisors and administrative personnel, and any other personnel, supplies and equipment, reasonably required to perform the following services (the "Shelter Services"): (1) Shelter of abandoned, impounded, lost or straydomestic animals brought to the shelter by SARATOGA, its residents, or SAN JOSE personnel; (2) Quarantine of biting animals; (3) Rabies testing of suspectanimals; (4) Provide facilities for surrender and reclaim of abandoned, lost or stray domestic animals during established business hours; (5) Euthanization and disposal of abandoned, lost, impounded, or stray domestic animals that are unclaimed bytheir owners and fail to meet the written SAN JOSE temperament standards for adoption; and (6) Provision of animal licenses to dogs, or other animals to which licensing is applicable, at the animal shelter. B. MEDICAL SERVICES As part of the Shelter Services, SAN JOSE shall provide office facilities, supplies, and professional and trained personnel, employed or under contract, reasonably necessary to perform the following services (the "Medical Services"): 244475.3 A-7 RD: RLT 3/11 /2004 (1) Providing veterinarian services twenty-four (24) hours per dayto treat and provide veterinarian care to stray, injured, or sick dogs, cats, and other impounded animals; (2) Monitor impounded quarantined biting animals; (3) Provide vaccination services; and (4) Have available, free of charge to the public, rabies control information. C. OPERATING SCHEDULES SAN JOSE shall also provide Shelter Services for the animals in the facility twenty-four (24) hours a day, seven (7) days a week. SAN JOSE shall provide or under contract provide emergency veterinaryservices and shall make animals available to the public in accordance with state law. SECTION 5. DEAD ANIMAL SERVICES. SAN JOSE shall provide storage facilities, disposal mechanisms, field and administrative personnel, and any other personnel, supplies and equipment reasonably required to perform the following services (the "Dead Animal Services"): (1) Pickup of dead animals, including Wildlife, from the streets of SARATOGA, orfrom private property within SARATOGAwith the consent of the property owner or the property owner's authorized agent; (2) Handle or refer dead deer and livestock to handler for dead deer and livestock; (3) Identification of and notification to the owner of the dead animal, whenever possible; (4) Scan each dead animal for microchip identification, if available; and (5) Disposal of the body of the dead animal. 244475.3 A-$ RD: RLT 3/11 /2004 SECTION 6. RECORDS REGARDING ANIMAL SERVICES. A. MAINTENANCE OF RECORDS SAN JOSE shall maintain accurate records regarding its performance of Animal Services for a period of three (3) years from the date such records are created. Such records shall include Shelter Services records regarding receipt, care, reclaim, and disposition of owner surrendered, abandoned, impounded, lost or straydomestic animals, including names and addresses 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 shall make available for inspection bySARATOGAor SARATOGA's designated representative(s) records regarding Animal Services under this AGREEMENT, upon request of SARATOGAduring SAN JOSE's normal business hours. C. MONTHLY REPORT SAN JOSE shall provide within 30 days of the end of each month, a monthlyAnimal Control and Impound Report summarizing Field Services, Shelter Services, Licensing Services, Medical Services and Dead Animal Services provided by SAN JOSE to SARATOGA This report shall include, but not be limited to, the following information: (1) Total number of calls for service, complaints relating to animal bites or attacks, complaints relating to vicious or dangerous dogs, and other activities; (2) Total number of licenses sold to SARATOGAresidents; (3) Number of incoming live animals, including Wildlife, brought to the shelter (surrender and field); 244475.3 '4-9 RD: RLT 3/11/2004 (4) Number of dead animals picked up by SAN JOSE and brought to the shelter; and (5) Number and type of animals provided Medical Services along with a brief description of service; and (6) Response time performance standard report for Priority1 through 3 calls. D. 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 for the City of Saratoga. SAN JOSE shall also provide an annual report of activities and accomplishments detailed in SECTION 6.C of this ExhibitAto SARATOGA. SECTION SEVEN. PROGRAM REVENUE. A. FEES COLLECTED BY SAN JOSE SAN JOSE shall collectfees, charges, and penalties (the "Program Fees") from the public in connection with a portion of the Animal Services provided under this AGREEMENT, including but not limited to items such as impound, quarantine, and boarding fees. These Program Fees shall be at the rates established bySARATOGA If no fee or charge has been established by SARATOGA, the PARTIES shall mutually determine the appropriate fee or charge for the particular service at issue and shall be imposed by SAN JOSE after it has been duly adopted bySARATOGAand become effective. B. PAYMENT OF PROGRAM FEES TO SARATOGA All Program Fees collected by SAN JOSE in connection with the Animal Services provided to SARATOGA, except fees collected foremergencyveterinaryservices which are paid to contract veterinary providers by SAN JOSE, shall be paid or credited 244475.3 A-10 RD:RLT 3/11 /2004 monthly by SAN JOSE to SARATOGAbythe fifteenth (15th) business day of the month immediatelyfollowing the month in which the Program Fees were collected. C. MONTHLY FEE STATEMENT SAN JOSE shall provide to SARATOGAwith 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. D. ANIMAL LICENSING FEES SAN JOSE shall remit licensing fees paid for the licensing of dogs and cats residing in SARATOGAto SARATOGAon a monthlybasis. The licensing fees shall be at the rates established bySARATOGA Ifno fee has been established bySARATOGA, the PARTIES shall mutuallydetermine the appropriate fee for the particular license at issue and SAN JOSE shall impose the fee after it has been duly adopted by SARATOGAand become effective. SECTION EIGHT. OTHER RESPONSIBILITIES. A. ADMINISTRATIVE HEARINGS SAN JOSE shall not be responsible for nor bear the costs of scheduling or conducting any required hearings regarding ucious Dogs, or any other matter subject to an administrative hearing. If needed or appropriate, SAN JOSE personnel shall appear as a witness at any such hearing at no additional cost to SARATOGA. 244475.3 A-11 RD: RLT 3/11/2004 IXHIBIT B FORMULA FOR COMPENSATION SARATOGAshall compensate SAN JOSE for Field and Shelter Services utilizing the Fiscal Year 2004-2005 base rate of $155,000.00 (hereinafter "Base Rate"). The Base Rate shall applyfor the first three years of this Agreement (i.e., through June 30, 2007). Compensation for Field and Shelter Services shall be adjusted only once everythree years effective July 1 of every third year (i.e., 2007, 2010, 2013 etc.). The PARTIES agree that each increase for Field and Shelter Services shall be based on the percentage increase in total compensation provided to all SAN JOSE animal control officers or the February to February Consumer Price Index-Urban Wage Earners and Clerical Workers for San Francisco- Oakland-San Jose, CA(maintained by the Bureau of Labor Statistics) (hereinafter "CPIU") plus 1.5% as set forth in the Calculation Formula below, whichever is less. Calculation Formula ANNUAL COST OF LIVING INCREASE IN TOTAL COMPENSATION: "Total Compensation" refers to the amount SAN JOSE provides for total compensation (salary and benefits) at top step fora 40-hour perweek animal control officer. On July 1 st of each fiscal year, the percentage change in Total Compensation will be derived from the new Total Compensation amount divided by the Total Compensation effective from July 1st ofthe prior fiscal year (e.g. Total Compensation Percentage Change (Fiscal Year 2005 -2006) _ (Total Compensation (Fiscal Year 2005-2006) /Total Compensation (Fiscal Year 2004-2005) - 1)). The annual projected budget increase in contract costs shall be computed as follows: Fiscal Year 2004-2005 Base Year = $155,000 Each adjustment year (i.e., 2007, 2010, 2013, etc.) _ (Field and Shelter Service Compensation for Preceding Fiscal Year) x (Sum of Total Compensation Percentage Change for the previous three fiscal years) or (Sum of February-February Percentage Change in CPIU for the previous three fiscal years+ 4.5%), whichever is less. In the event, the percentage change in CPIU for anygiven fiscal year is negative, the percentage change in CPIU shall be deemed zero (0). 244475.3 C 1 RD:RLT 3/11 /2004 EXHIBIT C INSURANCE SAN JOSE represents and warrants that, at SAN JOSE'S sole cost and e~ense, it will maintain forthe duration of this AGREEMENTself-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, its agents, representatives, employees or subcontractors. A Minimum Scope of Insurance Coverage shall be at least as broad as: 1. The coverage described in Insurance Services Office Form Number GL 0002 (Ed.01/96) covering Commercial General Liability together with Insurance Services Office Form Number GL 0404 covering Broad Form Comprehensive General Liability, or that described in Insurance Services Office Commercial General Liability coverage ("occurrence") Form Number CG 0001 (Ed. 01/96); and - 2. The coverage described in Insurance Services Office Form Number CA 0001 (Ed. 12/93) covering Automobile Liability, Code 1 "any auto", or Code 2 "owned autos" and Endorsement CA 0025. Coverage shall also include Code 8 "hired autos" and Code 9 "non-owned autos";and 3. Workers' Compensation insurance as required bythe California Labor Code and Employers Liability insurance; and 4. Professional Liability Errors and Omissions, when applicable. B. Minimum Limits of Insurance SAN JOSE self-insurance maintained limits no less than: 1. Commercial General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage; and c-z 244475.3 RD: RLT 3/11 /2004 2. Automobile Liability: $1,000,000 combined single limit per accidentfor bodily injury and property damage; and 3. Workers' Compensation and Employers' Liability: Workers' Compensation limits as required by the California Labor and Employers Liabilitylimits of $1,000,000 per accident; and 4. Professional Liability Errors and Omissions $1,000,000 Aggregate Limit. C. C+ther Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: 1. Commercial General Liability and Automobile Liability Coverages a. SAN JOSE self-insured coverage shall apply to SARATOGA, its officers, employees, agents and contractors as respects: Liabilityarising out of activities performed byor on behalf of, SAN JOSE; products and completed operations of SAN JOSE; premises owned, leased or used by SAN JOSE; and automobiles owned, leased, hired or borrowed by SAN JOSE. Said self-insurance shall applyfully to any indemnityfor SARATOGA, its officers, employees, agents and contractors. b. SAN JOSE's insurance coverage shall be primaryinsurance as respects SARATOGA, its officers, employees, agents and contractors. Any insurance orself-insurance maintained bySARATOGA, its officers, employees, agents or contractors shall be excess of SAN JOSE's self-insurance and shall not contribute with it. c. Anyfailure to complywith reporting provisions of the policies by SAN JOSE shall not affect coverage provided SARATOGA, its officers, employees, agents, or contractors. d. Coverage shall state that SAN JOSE's self-insurance shall apply separatelyto each insured against whom claim is made orsuitis brought, except with respectto the limits of the insurer's liability. D. Verification of Coverage SAN JOSE shall furnish SARATOGAwith Affidavit of insurance affecting coverage required by this AGREEMENT at the time of contracting and upon expiration of each certificate. 2aaa~s.s C-g RD: RLT 3/11 /2004 E. Subcontractors SAN JOSE shall obtain separate certificates and endorsements for each subcontractor and furnish SARATOGAwith a copyofthe certificates and endorsements at the time of contracting or expiration of each certificate. 244475.3 C-4 3027 Penitencia Creek Rd San Jose, Califortila 95132 Wildlife Center of Silicon Valley -A Rehabilitation, Release, and Educational facility 2003 Annual Report .~. .. To provide high quality care and rehabilitation of injured sick and orphaned wildlife within the Silicon Valley Community. Through education programs, foster a positive co-existence between the general pubic and wildlife. In addition to all activities, encourage an interest and concern for wildlife conservation issues. Impound The Wildlife Center does not limit its cases to native or uncommon wildlife. Each animal throughout the county is given equal respect and care with the goal of a healthy release back into local habitat. ity # of cases % of total Campbell 248 5°~ Cupertino 149 3% Los Gatos 218 4% - Milpitas 199 4% Monte Sereno 10 San Jose 3317 63% Santa Clara 483 9°~ Saratoga 115 2°~ Sunnyvale 323 6% Other 230 4°'6 Total 5292 WCSV Annual Report January 2004 Phone Support WCSV receives thousands of phone calls each year concerning wildlife issues. Staff is available seven days a week to help with inquiries ranging from nuisance complaints and potential rescues, to specie specific questions. After hours, calls are monitored and supported by volunteers. _ ~y Campbell % of total 3% Cupertino 2% Los Gatos 4% Milpitas 2% Monte Sereno 1 % San Jose 66% Santa Clara 6% Saratoga 2% Sunnyvale 4% Other 10% WCSV Annual Report January 2004 Educational/Outreach Programs WCSV's mission extends beyond the act of animal rehabilitation and into classrooms and public venues. There, students learn ways to assist injured animals, how to identify neighboring wildlife and the importance each species plays in our valley's ecosystem. In 2003 our education team reached over 3200 people. c;~y % of l~~ Campbell 4°~ Cupertino 3°~ Los Gatos 20% Milpitas 4% Monte Sereno 0 San Jose 45% Santa Clara $°~ Saratoga $°~ Sunnyvale 4% Other 4% W CS V Annual Repoli January 2004 Financial Overview Comparison of Bay Area Wildlife Rehabilitation Centers The Wildlife Center remains one of the largest and most cost effective organizastion of it's kind it in the Bay Area. For the ear 2005 WCSV Wildlife Rescue Lindsay Museum Wildcats Sulphur Creek WERC Years in o station 11 30 24 51 35 20 No. of FT em o ees 2 3 5 - 30 - 35 0 1 No. of PT em to ees 1 1 2 7 8-Jun 2 of voluriteers No 150 + 150 - B00`' 300;+ 150 + 23 . 600 - No. of animals 5,300 2,232 6,000 + 4,000 900 300 Annual o erati bud et ` $246K $182K < $2.2M' $840K NIA $85K ` Amount of donations raised $154K $64K $12K $360K $30K $75K Cost eranmal $48 $81 $367` $210 $33 $283 WCSV Annual Report January 2004 Financial Overview Expenses In the midst of economic challenges WCSVcontinued its services by expense analysis and reduction, investigating pro-bono assistance, and seeking avenues of potential shared resources. Animal Care Food/Medicine $16,656 Animal Care Supplies $4,236 Enclosures $20,303 Security $710 Utilities $17,1 12 Insurance $2,288 Equipment/Repair $15,987 Payroll $109,331 Literature $16, 316 Postage $ 6,054 Fundraising $7,567 Professional Fees $484 Office Expenses $9,996 Total Expense 5227,040 Net Income$19,910 WCSV Annual Report January 2004 financial Overview X004/2005 Budget WCSV continues to strive to improve its care facility, protocols and support for wildlife and the citizens of Silicon Valley. lns.~ma Appeals $65,355 Events $ 3, 500 Donations/Memberships $77,500 Contracts $124,236 Grants $40,000 Total Income 5310,591 ExRense~ Animal Care Food/Medicine $20,000 Animal Care Supplies $7,000 Enclosures $ 27,500 Security $800 Utilities $19,800 Insurance $2,394 Equipment $20,500 Payroll $167,988 Literature $2,300 Postage $7,600 Fundraising $16,000 Office Expense $11,275 Training $2,000 Total Expenses 5307,157 Net Income 53,434 WCSV Annual Report January 2004 SARATOGA CITY COUNCIL MEETING DATE: March 17, 2004 ORIGINATING DEPT: Public Works PREPARED BY: John Cherbone c- AGENDA ITEM: CITY MANAGER: ~~~ DEPT HEAD: SUBJECT: Relinquishment of Village Sidewalks RECOMMENDED ACTION(S): Approve drafr Cooperative Ageement with the State of California for the relinquishment of the Village Sidewalks to the City and authorize the City Manager to execute the final ageement. REPORT SUMMARY: Over the past year the City has been pursuing the relinquishment of the Village sidewalks and the corresponding right-of--way from the State. The agreement would provide funding in the amount of $711,000 to perform needed infrastructure improvements and in return the City would assume maintenance responsibility and liability of the sidewalks. Although the funding amount falls short by approximately $100,000 to perform the needed safety improvements, the City may not see a more favorable window of opportunity to take control of the Village sidewalks, improve safety, and receive funding towards the improvements. Pros: • Allows the City to improve the Village sidewalks, as the City deems appropriate. • Gives the City the ability to maintain the sidewalks at a much higher level then what is currently being performed by the State. • Allows City control of encroachment permits to third party work within the sidewalk right-of- way. Allows the City to better serve Saratoga Citizens when they have a problem or question regarding the sidewalks. Provides the City the best opportunity, to date, to improve the Village. Cons: • Additional general liability. Maintenance of the sidewalks and the associated cost (approximately $7,500/year). FISCAL IMPACTS: Approximately $7,500/year for maintenance. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): The City will not enter into a cooperative ageement with the State and the Village Sidewalks will remain under the control of Caltrans. ALTERNATIVE ACTION(S): None. FOLLOW UP ACTION(S): The cooperative ageement will be finalized and executed with the State. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: 1. Draft Cooperative Ageement. 2 of 2 7ATE OF ALiFOAN1A B SINE S TRANSPORTATION AND HOU~IN AGEN Y ARNOLD SCHWARZENEGGER G DEPARTMENT OF TRANSPORTATION 111 GRAND AVENUE P. O. BOX 23660 OAKLAND, CA 94623-0660 PHONE (510) 286-5900 FAX (510) 286-5903 7'rY (800)735-2929 . ice.. Flex your power! Be energy e~ciend March 2, 2004 Mr. John M. Cherbone Public Works Director Ciry of Sazatoga 13777 Fruitvale Avenue Sazatoga, CA 95070 04-SCI 9 KP 11.3/11.9 04609-IA4400 DRAFT' Dist. Agreement No. 4-2001 Deaz Mr. Cherbone: Enclosed for your review and comments is a draft copy of the proposed Cooperative Agreement No. 4-2001, between the State and the City of Saratoga. Following the City's review, this draft Agreement will be reviewed in the District and thereafter, we will forwazd the final Agreement to you for execution. Please address all responses to this Agreement to John Hemiup, at (510) 286-4500. Sincerely, BUAN SARTIPI District Director By John Hemiup Office Chief Maintenance and Toll Bridge Engineering Enclosure cc: EStock/JHemiup/VThilakaratne/File Caltrans improves mobiliry aoass California" G-1 Modified 04-SC1-9 KP 11.3/11.9 (PM 7.0/7.4) HQ DRAFT 2/25/04 Route 9 Sidewalk Relinquishment ES 04609-1A4400 District Agreement No. 4-2001 COOPERATIVE AGREEMENT THIS AGREEMENT, ENTERED INTO EFFECTIVE ON , 2004, is between the STATE OF CALIFORNIA, acting by and through its Department of Transportation, referred to herein as "STATE", and CITY OF SARATOGA, a body politic and a municipal corporation of the State of California, referred to herein as "CITY". RECITALS 1. STATE and CITY, pursuant to Streets and Highways Code Sections 73 and 130, are authorized to enter into a Cooperative Agreement in order to relinquish to CITY the frontage improvements to a portion of State Highway within CITY's jurisdiction. STATE desires to relinquish to CITY frontage improvements consisting of sidewalk, curb and gutter along State Route 9 (SR 9) from State Route S5 to 0.11{m east of Jacks Road, excepting any State-owned facilities consisting of drainage facilities, signs, signals and other State highway appurtenances thereto, and CITY is willing to accept said relinquishment conditioned upon the receipt of funds allocated as provided herein below. CITY is also willing to grant an easement to STATE for maintenance, operation, and location of said STATE facilities after title transfer. 3. STATE and CITY have negotiated an understanding that, while STATE will continue to maintain that part of SR 9 in a state of good repair until the date of relinquishment, the CITY, for an amount of $711,000 for rehabilitation and specific improvements in the form of sidewalk, curb and gutter replacement, more particularly described in Exhibit A, attached hereto and made apart of this Agreement, will accept the relinquishment of this described portion of SR 9. 4. The parties have agreed that STATE will forward and support CITY's request for the allocation of $711,000 by the California Transportation Commission (CTC), or some other cost figure set by the CTC, as that fund which represents that level of improvements which are sought by CITY subject to the CTC determination that this expenditure is supportable as being in the best interests of the public to improve that property to be relinquished beyond that state of good repair which that portion of SR 9 wlll be maintained at by STATE to the date of said relinquishment. 5. Relinquishment to City will occur upon approval by the CTC of a Resolution of Relinquishment and the recording of said resolution in the County Recorder's Office. 6. The parties hereto desire to define herein the terms and conditions under which relinquishment is to be accomplished. DRAFT District Agreement No. 4-2001 SECTION I CITY AGREES: Execution of this Agreement constitutes CITY's waiver of the ninety-day notice of "Intention to Relinquish" requirement contained in Section 73 of the Streets and Highways Code. CITY may appear before the CTC to offer CITY's substantiation that a payment of these negotiated funds constitutes an allocation that fs in the best interests of the State of California when so determined by the CTC in its Resolution of Relinquishment. 2. CITY agrees to accept that allocation determined by the CTC to be in the best interests of the public in its Resolution of Relinquishment as STATE's full and only payment obligation for the relinquishment of that portion of the right of way which will be maintained in a state of good repair by STATE to the date of relinquishment. 3. Upon recordation of the CTC's Resolution of Relinquishment in the Couniy Recorder's Office, CITY agrees to accept ownership, including all rights, title and interest in said portion of SR 9 as described in Article 2 of Recitals, and to thereafter operate, maintain and be liable for said relinquished facility without any additional cost to STATE. CITY agrees to grant STATE an easement prior to the expiration date of this Agreement for the maintenance, operation, and location of STATE owned facilities, as defined on Article 2 of Recitals section. SECTION II STATE AGREES: To recommend that the CTC allocate the negotiated funds in the amount of $711,000 as part of the CTC's Resolution of Relinquishment to delete this portion of SR 9 from the State Highway System. 2. To pay CITY that amount allocated by the CTC in its Resolution of Relinquishment, which is determined to be in the best interests of the public. The payment of those CTC allocated funds by STATE to CITY will represent STATE's final and only payment for the purpose of this relinquishment. To transfer to CITY, within sixty (60) days of the recordation of the CTC's Resolution of Relinquishment, all available STATE records and files for the relinquished section of right of way, including, but not limited to, plans, survey data and right of way information. SECTION III IT IS MUTUALLY AGREED: DRAFT District Agreement No. 4-2001 I. All obligations of STATE under the terms of this Agreement are subject to the appropriation of resources by the Legislature and the allocation of those resources by the CTC. 2. Neither STATE nor any officer or employee thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this Agreement. It is understood and agreed that, pursuant to Government Code Section 895.4, CITY shall fully defend, indemnify and save harmless the State of California, all officers and employees from all claims, suits or actions of every name, kind and description brought for or on account of injury (as defined in Government Code Section 810.8) occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this Agreement once the Resolution of Relinquishment is filed for recordation. 3. No alteration of the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto and no oral understanding or agreement not incorporated herein shall be binding on any of the parties hereto. DRAFT District Agreement No. 4-2001 EXHIBIT A Cost Estimate Re lace Concrete Sidewalks $294,000 Re lace Curb and Gutter 46,600 Ad'ust Utili Covers to Grade 1,000 Relocate Li t Posts 80,000 Ad'ust Fire H drants 5,000 Provide Tree Grates 104,500 Treatment of'I7ee Roots 30,000 Traffic Control Systems 25,000 Water Pollution Control 6,000 PROJECT SUBTOTAL S592,100 20 % Contingency 118,420 TOTAL $710, 520 5 DRAFT District Agreement No. 4-2001 4. This Agreement shall terminate upon recording in the County Recorder's Office of the Relinquishment Resolution for this frontage improvement portion of SR 9 and upon the recording of an easement to STATE by CITY pursuant to Article 3 of Section I, or on December 31, 2004, whichever is earlier in time except for those provisions which relate to payment, indemnification, ownership, operation, and maintenance which shall remain in effect until terminated or modified in writing by mutual agreement. STATE OF CALIFORNLa, CITY OF SARATOGA Department of Transportation JEFF MORALES Director of Transportation Mayor Rv Deputy District Director Approved as to form and procedure: City Clerk Approved as to form: Attorney Department of'I7ansportation Certified as to funds: Attorney District Budget Manager Certified as to financial terms and policies: Accounting Administrator 4 SARATOGA CITY COUNCIL MEETING DATE: March 17, 2004 ORIGINATING DEPT: Public Works PREPARED BY: John Cherbone AGENDA ITEM: CITY MANAGER: ~~ DEPT HEAD: SUBJECT: Relinquishment of Village Sidewalks RECOMMENDED ACTION(S): Approve draft Cooperative Agreement with the State of California for the relinquishment of the Village Sidewalks to the City and authorize the City Manager to execute the final agreement. REPORT SUMMARY: Over the past year the City has been pursuing the relinquishment of the Village sidewalks and the corresponding right-of--way from the State. The agreement would provide funding in the amount of $711,000 to perform needed infrastructure improvements and in return the City would assume maintenance responsibility and liability of the sidewalks. Although the funding amount falls short by approximately $100,000 to perform the needed safety improvements, the City may not see a more favorable window of opportunity to take control of the Village sidewalks, improve safety, and receive funding towards the improvements. Pros: • Allows the City to improve the Village sidewalks, as the City deems appropriate. • Gives the City the ability to maintain the sidewalks at a much higher level then what is currently being performed by the State. • Allows City control of encroachment permits to third party work within the sidewalk right-of- way. Allows the City to better serve Saratoga Citizens when they have a problem or question regarding the sidewalks. Provides the City the best opportunity, to date, to improve the Village. Cons• • Additional general liability. • Maintenance of the sidewalks and the associated cost (approximately $7,500/year). FISCAL IMPACTS: Approximately $7,500/year for maintenance. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): The City will not enter into a cooperative agreement with the State and the Village Sidewalks will remain under the control of Caltrans. ALTERNATIVE ACTION(S): None. FOLLOW UP ACTION(S): The cooperative agreement will be finalized and executed with the State. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: 1. Drafr Cooperative Agreement. 2 of 2 STATE OF A rFORNIA H SINES TRANSPORTATION AND HOUSING AGENCY ARNOLD SCHwARZENEGGER Governor DEPARTMENT OF TRANSPORTATION 111 GRAND AVENUE P. O. BOX 23660 OAKLAND, CA 94623-0660 PHONE (510) 286-5900 FAX (510)286-5903 TTY (800)735-2929 Flex your power! Be energy efficiend March 2, 2004 Mr. John M. Cherbone Public Works Director City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 04-SCl 9 KP 11.3/11.9 04609-1A4400 DRAFT Dist. Agreement No. 4-2001 Deaz Mr. Cherbone: Enclosed for your review and comments is a draft copy of the proposed Cooperative Agreement No. 4-2001, between the State and the City of Saratoga. Following the City's review, this draft Agreement will be reviewed in the District and thereafter, we will forwazd the final Agreement to you for execution. Please address all responses to this Agreement to John Hemiup, at (510) 286-4500. Sincerely, BUAN SARTIPI District Director By ~ ~~ John Hemiup Office Chief Maintenance and Tol] Bridge Engineering Enclosure cc: EStock/JHemiup/VThilakaratne/File "CnUrans improves mobility across California" G-1 Modified 04-SC]-9 KP 11.3/11.9 (PM 7.0/7.4) HQ DRAFT 2/25/04 Route 9 Sidewalk Relinquishment ES 04609-1A4400 District Agreement No. 4-2001 COOPERATIVE AGREEMENT THIS AGREEMENT, ENTERED INTO EFFECTIVE ON , 2004, is between the STATE OF CALIFORNIA, acting by and through its Departrnent of Transportation, referred to herein as "STATE", and CITY OF SARATOGA, a body politic and a municipal corporation of the State of California, referred to herein as "CITY". RECITALS 1. STATE and CITY, pursuant to Streets and Highways Code Sections 73 and 130, are authorized to enter into a Cooperative Agreement in order to relinquish to CITY the frontage improvements to a portion of State Highway within CITY's jurisdiction. 2. STATE desires to relinquish to CITY frontage improvements consisting of sidewalk, curb and gutter along State Route 9 (SR 9) from State Route 85 to O.1Krn east of Jacks Road, excepting any State-owned facilities consisting of drainage facilities, signs, signals and other State highway appurtenances thereto, and CITY is willing to accept said relinquishment conditioned upon the receipt of funds allocated as provided herein below. CITY is also willing to grant an easement to STATE for maintenance, operation, and location of said STATE facilities after title transfer. 3. STATE and CITY have negotiated an understanding that, while STATE will continue to maintain that part of SR 9 in a state of good repair until the date of relinquishment, the CITY, for an amount of $711,000 for rehabilitation and specific improvements in the form of sidewalk, curb and gutter replacement, more particularly described in Exhibit A, attached hereto and made a part of this Agreement, will accept the relinquishment of this described portion of SR 9. 4. The parties have agreed that STATE will forward and support CITY's request for the allocation of $711,000 by the California Transportation Commission (CTC), or some other cost figure set by the CTC, as that fund which represents that level of improvements which are sought by CITY subject to the CTC determination that this expenditure is supportable as being in the best interests of the public to improve that property to be relinquished beyond that state of good repair which that portion of SR 9 will be maintained at by STATE to the date of said relinquishment. 5. Relinquishment to City will occur upon approval by the CTC of a Resolution of Relinquishment and the recording of said resolution in the County Recorder's Office. 6. The parties hereto desire to define herein the terms and conditions under which relinquishment is to be accomplished. DRAFT District Agreement No. 4-2001 SECTION I CITY AGREES: Execution of this Agreement constitutes CITY's waiver of the ninety-day notice of "Intention to Relinquish" requirement contained in Section 73 of the Streets and Highways Code. CITY may appear before the CTC to offer CITY's substantiation that a payment of these negotiated funds constitutes an allocation that is in the best interests of the State of California when so determined by the CTC in its Resolution of Relinquishment. 2. CITY agrees to accept that allocation determined by the CTC to be in the best interests of the public in its Reso]uton of Relinquishment as STATE's full and orily payment obligation for the relinquishment of that portion of the right of way which will be maintained in a state of good repair by STATE to the date of relinquishment. 3. Upon recordation of the CTC's Resolution of Relinquishment in the County Recorder's Office, CITY agrees to accept ownership, including all rights, title and interest in said portion of SR 9 as described in Article 2 of Recitals, and to thereafter operate, maintain and be liable for said relinquished facility without any additional cost to STATE. CITY agrees to grant STATE an easement prior to the expiration date of this Agreement for the maintenance, operation, and location of STATE owned facilities, as defined on Article 2 of Recitals section. SECTION II STATE AGREES: To recommend that the CTC allocate the negotiated funds in the amount of $711,000 as part of the CTC's Resolution of Relinquishment to delete this portion of SR 9 from the State Highway System. 2. To pay CITY that amount allocated by the CTC in its Resolution of Relinquishment, which is determined to be in the best interests of the public. The payment of those CTC allocated funds by STATE to CITY will represent STATE's final and only payment for the purpose of this relinquishment. 3. To transfer to CITY, within sixty (60) days of the recordation of the CTC's Resolution of Relinquishment, all available STATE records and files for the relinquished section of right of way, including, but not limited to, plans, survey data and right of way information. SECTION III IT IS MUTUALLY AGREED: DIZ9NT District Agreement No. 4-2001 1. All obligations of STATE under the terms of this Agreement are subject to the appropriation of resources by the Legislature and the allocation of those resources by the CTC. 2. Neither STATE nor any officer or employee thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authorlty or jurlsdiction delegated to CITY under this Agreement. It is understood and agreed that, pursuant to Government Code Section 895.4, CITY shall fully defend, indemnify and save harmless the State of California, all officers and employees from all claims, suits or actions of every name, kind and description brought for or on account of injury (as defined in Government Code Section S10.S1 occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this Agreement once the Resolution of Relinquishment is filed for recordation. 3. No alteration of the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto and no oral understanding or agreement not incorporated herein shall be binding on any of the parties hereto. 3 DRAFT District Agreement No. 4-2001 EXHIBIT A Cost Estimate Re lace Concrete Sidewalks $294,000 Re lace Curb and Gutter 46,600 Ad'ust Utili Covers to Grade 1,000 Relocate Li t Posts 80,000 Ad'ust Fire H drants 5,000 Provide Tree Grates 104,500 Treatment of Tree Roots 30,000 Traffic Contro] Systems 25,000 Water Pollution Control 6,000 PROJECT SUBTOTAL $592,100 20 % Contingency 118,420 TOTAL 5710, 520 5 DRAFT District Agreement No. 4-2001 This Agreement shall terminate upon recording in the County Recorder's Office of the Relinquishment Resolution for this frontage improvement portion of SR 9 and upon the recording of an easement to STATE by CITY pursuant to Article 3 of Section I, or on December 31, 2004, whichever is earlier in time except for those provisions which relate to payment, indemnification, ownership, operation, and maintenance which shall remain in effect until terminated or modified in writing by mutual agreement. STATE OF CALIFORNIA Department of Transportation JEFF MORALES Director of Transportation CITY OF SARATOGA By:_ Mayor Deputy District Director Approved as to form and procedure: City Clerk Approved as to form: _ Attorney Departrnent of Transportation Certified as to funds: District Budget Manager Certified as to financial terms and policies: Accounting Administrator Attorney 4 SARATOGA CITY COUNCIL MEETING DATE: March 17, 2004 AGENDA ITEM: ORIGINATING DEPT: Public Works CITY MANAGER: ~°(~1(}~~- ~"~ PREPARED BY: John Cherbone DEPT HEAD: '~nV.,~ ei/~,~-ask. SUBJECT: Five Year (2001-2006) Capital Improvement Plan (CIP) -CIP Budget Prioritization RECOMMENDED ACTION(S): Receive report and provide direction to staff in regard to CII' projects currently on hold. REPORT SUMMARY: At the January 7th City Council Meeting, Council placed a majority of CIP projects on hold unti] the City financial situation became clearer. In light of the passage of Propositions 57 & 58, which allows the State to pay for pass debt and relieves the threat that additional revenues will be taken away from the City this fiscal yeaz, the City Council may wish to move forward with some or all of the CIP projects currently on hold. Candidate projects for postponement were prioritized based on the fol]owing: 1) projects funded by outside sources, 2) projects with safety elements, 3) maintenance projects, and 4) projects that are ongoing. See the attached Project Priority spreadsheet, which provides details regarding the projects that were placed on hold. Staff identified $4,121,204, which met the minimum requirements directed by City Council. To assist City Council in the analysis of CIP project prioritization, staff created a project schedule spreadsheet that shows the timeline of current projects. FISCAL IMPACTS: Unknown at this time. Depends on the final CIP project list. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): Not Applicable. ALTERNATIVE ACTION(S): None in addition to the above. FOLLOW UP ACTION(S): Staff will drafr a revised project schedule spreadsheet that includes CIP projects that Counci] wishes to remove from hold list. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: 1. CII' Project Budget Priority Spreadsheet. 2. CIP Project Schedule Spreadsheet. 2 of 2 John Cherbone From: Rick Torres Sent: Thursday, March 11, 2004 1:35 PM To: John Cherbone Subject: Sweeping Contract 2004/2005 Hi John, This morning met with John Zirelli of Los Altos Garbage Company to discuss the possibility of extending our contract for sweeping services. Los Altos Garbage is willing to extend for two years. The first year the rate will stay the same. For the second year they would like to raise the rate to what ever the CPI is for 2005. Please let me know A.S.A.P if this is alright so we can do the necessary paper work to get this contract complete. For now I will contact them and tell them the city is considering this option and I will contact them when we have come to a decision. Thanks Rick Torres SARATOGA CITY COUNCIL MEETING DATE: March 17, 2004 ORIGINATING DEPT: Public Works PREPARED BY: Cary Bloo uist AGENDA ITEM: .~ ,.~~~- CITY MANAGER: DEPT HEAD: ~ SUBJECT: Grant Writer Service Provider Selection RECOMMENDED ACTION (S): Authorize the City Manager to enter into a professional grant writing service agreement with Randall Funding & Development, Inc. REPORT SUMMARY: Introduction: At their June 6, 2001, September 5, 2001 and January 7, 2004 regular meetings, Council was presented information by staff regarding professional Grant Writing Services for the City, including a demographic report on how other Cities in the area apply for grants. It was concluded, at these meetings, the Cities of Cupertino, Los Gatos, Campbell and Sunnyvale processed their own grant materials in-house, at the individual department level, due to higher levels of staffing. These cities, unlike Saratoga, are able to handle this function with little disruption to their daily operations. Discussion• The January 7, 2004 meeting, Counci] decided the Grant Writing function for competitive grants should be contracted out given our present level of staffing. Council directed staff to go out for a Request for Proposal (RFP) in an effort to retain the services of an aggressive, proactive professional grant writer to go after the competitive and more complicated, time intensive grants. Listed below is a summary of the two firms that responded to the RFP: Grant Service Vendor: T e of Services: Fee Structure: Seliger Associates Grant Writing, needs Retainer Based: Based upon assessment, research, $120.00 hourly rate, usually business plans. $2,000-$3,000 per month. Flat Fee Based: Vary from $2,500-$7,500 er individual rant proposal depending upon complexity. For a single project concept, $4,500 for five proposals (each to different or anizations Randall Funding & Grant Writing Services, Affordable Funding program: Development, Inc. Onsite needs assessment, $5,000 initial fee, $3,000 per grant, Funding Advisor, Funding 5% incentive fee ($lOK cap) per plan or guide. awarded funding on each grant award. Monthly Fee Structure program: $3,000 initial fee, $3,000 flat monthly fee, 3% incentive fee arameter same as above . Summary: After detailed analysis, each firm is nearly equally qualified. However, Staff recommends Randal] Funding & Development, which has a local office (Council listed this as important at the last meeting), appears to be more aggressive /proactive, and has an excellent track record of winning competitive grant dollars (74% winning record). If Council selects Randall Funding, the following is a summary of cost analysis: 1) If 12 or more grant proposals aze anticipated to be generated each year, the Monthly Fee Structure program is the most cost effective alternative. 2) If 11 or less, the Affordable Funding program is the most cost effective alternative. FISCAL IMPACTS: Please see table above. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION (S): National Grant Writing Services and City Staff will continue to perform grant-writing services. ALTERNATIVE ACTION (S): Council may choose Seliger Associates or another alternative. FOLLOW UP ACTION (S): City Manager will execute a professional grant writer service agreement if a firm is chosen. ADVERTISING, NOTICING AND PUBLIC CONTACT: None. 2 of 3 ATTACHMENTS: Attachment A - Seliger Associates RFP. Attachment B -Randall Funding RFP. 3 of 3 SARATOGA CITY COUNCIL MEETING DATE: March 17, 2004 AGENDA ITEM: ORIGINATING DEPT: City Manager's Oftice CITY MANAGER: O PREPARED BY: DEPT HEAD: SUBJECT: American Cancer Society -Colon Cancer Free Zone RECOMMENDED ACTION: Accept report and direct staff accordingly REPORT SUMMARY: On February 19, 2004 Mayor Waltonsmith received a letter from Erin Garner, Mayor of Monte Sereno. Mayor Garner requested that the City of Saratoga join Monte Serrno and the American Cancer Society (ACS) by issuing a proclamation declaring the month of March "Colon Cancer Awareness Month"" and declaring the City of Saratoga a "Colon Cancer Free Zone" At the March 3, 2004 City Council meeting the Saratoga City Council issued the proclamation as requested by the City of Monte Sereno and the American Cancer Society. In regards to the ACS's second request, declaring the City of Saratoga a "Colon Cancer Free Zone", Mayor Waltonsmith asked that this part of the request be brought back to the full Council. The ACS's "Colon Cancer Free Zone" mission statement is to increase public awareness of colon cancer and to help reduce the incidence of the disease to the lowest rate possible in each community where the program is launched. The following is a list of the number of ways ACS recommends that the City declare Saratoga a "Colon Cancer Free Zone": • Use our communications system to educate our citizens and employees about the disease, which is the second leading cause of cancer death in the Country • Involve key businesses and community leaders in the awareness campaign • Provide appropriate city employees time off to get screened for colon cancer • Involve City Council in the awareness campaign • Provide pledge cards for the City Council an/or city employees • Enlist a speaker from the ACS to come to city and business FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: N/A ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: Attachment A -Proclamation Attachment B -Letter from Monte Sereno Attachment C -ACS information 2 of 2 CITY OF SARATOGA PROCLAMATION ~ DECLARING THE MONTH OF MARCH 2004 "COLORECTAL CANCER AWARENESS MONTH" WHEREAS, colorectal (combined colon and rectum) cancers are the third most common site of new cancers and deaths in the United States in both men and women over the age of 50; and WHEREAS, approximately 147,500 new cases and 57,100 deaths will occur from the disease in the United States in 2004; and WHEREAS, research suggests that the risk of colorectal cancer can be reduced by increased awareness and use of early detection practices, and following the American Cancer Society's recommended screening guidelines, including examination by health care provider; and WHEREAS, screening can prevent the occurrence of colorectal cancer by detecting and removing pre-cancerous polyps or can diagnose an eazly stage of the disease when it can be effectively cured; and WHEREAS, in Santa Clara County, 635 new cases will be diagnosed and almost 195 will die of this preventable cancer; and WHEREAS, sister cities in Santa Clara County have declared themselves "a colon cancer free zone" by implementing an awareness program to help eliminate colon cancer in their community; and WHEREAS, the City of Saratoga, is committed to informing employees and residents about the risk factors and available precautions that can be taken to fight the disease. NOW, THEREFORE, I Ann Waltonsmith, Mayor of the City of Saratoga, by virtue of the authority vested in me as the Mayor, along with my colleagues on the City Council, hereby proclaim the month of March, 2004 as COLORECTAL CANCER AWARENESS MONTH In the City of Saratoga, we urge all employees and residents to become aware of their risks for colorectal cancer, talk to their health care providers and, when appropriate, take the necessary screening tests for the disease. WITNESS OUR HAND AND THE SEAL OF THE CITY OF SARATOGA on this 3`d day of March 2004. Ann Waltonsmith, Mayor Sazatoga, California Mayor: Erin Gamer Vice-Mayor: A. Curtis Wright Councilmember: David Baxter Councilmember: Barbara Nesbet Councilmember: Mark Brodsky February 19, 2004 Mayor Ann Waltonsmith City of Saratoga 13777 Fruitvale Avenue Saratoga, Ca 95070 City of Monte Sereno RE: A Challenge and Proclamation Dear Mayor and Members of the City Manager: Brian Loventhal __. City Clerk: Andrea Chelemengos Finance Officer: Sue L Heureux Building Official: Howard T. Bel] You may not be aware that March Colorectal Cancer A reness Month and our City has taken steps to help prevent this dise in our community y declaring ourselves the first Colon Cancer Free Zone in the nation a mbarking o n education program regarding screening which will save lives. In cooperation with the American Cancer Society, we will be working with our citizens and our local hospitals to encourage screening. We ask that you join us by: 1) Issuing a proclamation that March is colon cancer awareness month; and 2) Declaring your City a "Colon Cancer Free Zone." ~. There are a number of ways you can declare your city a Zone: Use your communications systems to educate your citizens and employees about the disease, which is the second leading cause of cancer deaths in the country (specifics available at www.cancer.orq or 1-800-ACS2345) Involve key businesses and community leaders in the awareness campaign Provide appropriate city employees time off to get screened for colon cancer Involve your city council in the awareness campaign Provide pledge cards (attached) for city council members and/or city employees Enlist a speaker from the American Cancer Society to come talk to city and business groups about how colon cancer can be prevented and how to become a part of "The Zone." Encourage your citizens to take part in the March education programs at Community Hospital and Good Samaritan Hospitals, where there will be free materials and dedicated tumor boards on colon cancer, in addition to community forums: - Tues., March 9 7-9PM, Dr. Peter Youn, Auditorium, Good Samaritan Hospital. • Materials available at Planetree Library throughout the month 18041 Saratoga-Los Gatos Road Monte Sereno, California 95030-4299 Telephone: 408.354.7635 Fax: 408.395.7653 http://www.montesereno.org - - 6:30PM, Community Hospital of Los Gatos, Conference Room 1 and 2. • Wed., March 3, Dr. Bassam Saffouri, Dr. Mark Segall • Tues.,March 23, Dr. Richard Coughlin, Dr. George Fisher • Tues., March 30, Dr. Richard Adrouny, Sally Tally, RN, The American Cancer Society is happy to provide you with additional materials. Attached is a sample proclamation and a copy of our newsletter to show our support for this life-saving effort, along with a list of activities which will be taking place during March. If you have any questions, please feel free to call us or the American Cancer Society at (408) 688-0105. Sincerely, Erin Garner Mayor City of Monte Sereno The First Colon Cancer Free Zone in the Nation Enclosure: Pledge card Sample Proclamation Colon Cancer materials Coon Cancer Free Zone Yes, I understand colon cancer is 90% preventable and support a colon cancer free zone. -= Yes, I have already been screened for polyps. Yes, I pledge to get tested when I meet the ACS colon cancer screening criteria. ~~ Yes, I will talk to 3 people and encourage them to be screened. ~~ Yes, I would like to help by volunteering at ACS to educate my neighborhood. Yes, I would like to attend a community forum. For more cancer information visit www.cancer.org or call 800.ACS.2345 Name Address City, State Phone Number E-mail Fill out, clip, and return to ACS, 1715 South Bascom Avenue, #100, Campbell, CA 95008 Zip A"=' a r rAme~~r ' .iCancer ~f ~~~~ City of PROCLAMATION WHEREAS: colorectal (combined colon and rectum) cancers are the third most common site of new cancers and CRC is the second leading cause of cancer deaths in the United States in both men and women; WHEREAS: approximately 147,500 new cases and 57,100 deaths will occur from the disease in the United States in 2004; and WHEREAS: research suggests that the risk of colorectal cancer can be reduced by increased awareness and use of early detection practices, and following the American Cancer Society's recommended screening guidelines, including examination by health care provider; and WHEREAS: screening can prevent the occurrence of colorectal cancer by detecting and removing pre-cancerous polyps or can diagnose an early stage of the disease when it can be effectively cured; and WHEREAS: in Santa Clara County, 635 new cases will be diagnosed and almost 195 will die of this preventable cancer; and WHEREAS: sister cities in Santa Clara County have declared themselves "a colon cancer free zone" by implementing an awareness program to help eliminate colon cancer in their community; and WHEREAS: the City of employees and residents about the risk factors and fight the disease. NOW, THEREFORE, The March, 2004 as is committed to informing available precautions that can be taken to City Council, hereby proclaims the month of COLORECTAL CANCER AWARENESS MONTH In the city of , we urge all employees and residents to become aware of their risks for colorectal cancer, talk to their health care providers and, when appropriate, take the necessary screening tests for the disease. Mayor American ~: Cancer cJ Society° f` r "Colon Cancer-Free Zone" FAQ • What is the "Colon Cancer Free Zone"? It is a public awareness campaign sponsored by the American Cancer Society. The idea of a "Colon Cancer-Free Zone" (CCFZ) came from a physician to the American Cancer Society, which has endorsed the idea as a grassroots campaign to help save lives from colon cancer. • How does it work? The "Colon Cancer-Free Zone" campaign; spearheaded by a local advisory committee consisting of physicians, hospital CEO's, media and legislative representatives, starts with one community and will move from community to community to increase public awareness of the disease and to help reduce the incidence of the disease within that particular community. • Why do it? Colon cancer is more than 90% preventable. Colon cancer screening is unique because it can result in both prevention and early detection. Promotion of screening represents a clear opportunity to save lives, yet it is highly underutilized. • Why Monte Sereno? Monte Sereno, with a population of 3,700 highly educated people, is an ideal community to launch the campaign, for a number of reasons: o Two-thirds (2500) of the community fall into the category where testing is recommended (over 50); and it is almost equally men and women. Colon cancer incidence is the same in all ethnic groups and affects men and women equally. o The community contains two supportive hospitals; and an socially active physician community. Data shows that people tend to be tested when they have physician recommendation and medical support. o Northern California Cancer Center Registry data ftom 1997-2001 shows in their most recent report that there were ten cases of colon cancer in Monte Sereno, all invasive. o The City Council has unanimously supported this idea. American =, Cancer ~~ Society- "Colon Cancer-Free Zone" Background Mission Statement Our mission is to increase public awareness of colon cancer and to help reduce the incidence of this disease to the lowest rate possible in each community where we launch this program. We plan to accomplish our mission with the following list of goals: • Increase public awareness of colorectal cancer, emphasizing screening as the means to preventing the disease or detecting it at its earliest stages when survival rates are highest. • Encourage and empower adults over 50 to discuss screening options with their doctors in order to make an informed decision about the option which is best. • Announce and disseminate the news that the city of Monte Sereno has declared itself the world's first "Colon Cancer-Free Zone." • Underscore the importance of eliminating one very common form of cancer as apart of the overall fight against cancer. Objectives • To assess the community's awareness of colon cancer testing • To reach all Monte Sereno residents with a message on the importance of colon cancer and hence change the incidence and morality • To build satellite zones in each hospital and defined civic groups or businesses • To challenge other communities to declare themselves in the Zone • To build adoor-to-door, city-to-city campaign to save lives from this tragic yet preventable disease American " Cancer ~~ Society- "Colon Cancer-Free Zone" Fact Sheet • Colorectal cancer is the second leading cause of cancer-related deaths kills 56,000 Americans a year, making it second only to lung cancer. • Colon Cancer is 90% preventable. • On August 19, 2003 the city council of Monte Sereno voted to become the world's first "Colon Cancer-Free Zone" to raise awareness of this easily preventable and curable disease and to emphasize the importance of stamping out one of the most common forms of cancer. • Just over one third of Americans older than 50 have had any colon cancer screening. Disadvantaged populations have even lower screening rates. • Men and women age 50 or older are encouraged to contact the American Cancer Society at 1.800.ACS.2345 or www.cancer.org to learn more about colorectal cancer and the benefits of early detection testing, discussing and deciding with their physician which testing option is best suited for them. The American Cancer Society, which has distinguished itself in grassroots campaigns to change habits of smoking and mammography, for instance, is the appropriate agency to help change screening behavior. If you are interested in joining the "Colon Cancer Free Zone" to prevent this disease call: 408.688.0120. - THIS IS A SERIOUS SUBJECT. BRINGING AWARENESS AND MOVING A COMMUNITY TO ACTION IN COLON CANCER SCREENING IS, IN EFFECT, A GIFT OF LIFE. American f' Cancer ~~ Society "Colon Cancer-Free Zone" FAQ • What is the "Colon Cancer Free Zone"? It is a public awareness campaign sponsored by the American Cancer Society. The idea of a "Colon Cancer-Free Zone' (CCFZ) came from a physician to the American Cancer Society, which has endorsed the idea as a grassroots campaign to help save lives from colon cancer. • How does it work? The "Colon Cancer-Free Zone" campaign, spearheaded by a local advisory committee consisting of physicians, hospital CEO's, media and legislative representatives, starts with one community and will move from community to community to increase public awareness of the disease and to help reduce the incidence of the disease within that particular community. • Why do it? Colon cancer is more than 90% preventable. Colon cancer screening is unique because it can result in both prevention and early detection. Promotion of screening represents a clear opportunity to save lives, yet it is highly underutilized. • Why Monte Sereno? Monte Sereno, with a population of 3,700 highly educated people, is an ideal community to launch the campaign, for a number of reasons: o Two-thirds (2500) of the community fall into the category where testing is recommended (over 50); and it is almost equally men and women. Colon cancer incidence is the same in all ethnic groups and affects men and women equally. o The community contains two supportive hospitals; and an socially active physician community. Data shows that people tend to be tested when they have physician recommendation and medical support. o Northern California Cancer Center Registry data from 1997-2001 shows in their most recent report that there were ten cases of colon - cancer in Monte Sereno, all invasive. o The City Council has unanimously supported this idea. American Cancer ~~ Society° Supporters There are several leaders in the Bay Area that have already joined the grassroots campaign to promote the awareness and elimination of colon cancer. Among them are: Brian Adams, Silicon Valley Business Ink A. Richard Adrouny, MD Ranjana Advani, MD Glenna Aitken, Community Hospital of Los Gatos C. Don Allen, Rotary District Governer Nick Ammann, Field Representative, 24`" District Terry Austen, Kaiser Permanente Carol Baker Shelly Barsanti, American Cancer Society David Baxter, City of Monte Sereno Marc Blaauw Shari Boxer, JDS Group Public Relations Angie Carrillo, American Cancer Society David Cohen, Silicon Valley Community Newspapers James Cohen, MD Assemblymember Rebecca Cohn, 24`" District Richard Coughlin, MD Gay Crawford, American Cancer Society Dan Doore, Community Hospital of Los Gatos Janice Edwards, NBC 11 Martin Fentersheib, MD George Fisher, MD Jim Guetzhow, MD Susan Goldberg, San Jose Mercury News Supervisor Liz Kniss, Santa Clara County Brian Loventhal, City of Monte Sereno Troy May, Sillicon Valley/San Jose Business Journal John Mills, 24`" District Mala Nichani, American Cancer Society Bill Parrish, Santa Clara County Medical Association Jerry Perez, MD Bill Piche, Good Samaritan Hospital George Sampson, KLIV Mark Segall, MD Julie Shaver, American Cancer Society Dick Sparrer, Los Gatos Weekly Times Valerie Traina, MD Huy Trinh, MD Kara Wasson, JDS Group Public Relations Jan Willoughby Sherry Wren, MD fan ~ose!l~llercur,~ ~1'ews November 29, 2003 - ~, Monte Sereno launches i2~v campaign vs. By Julie Sevrens Lyons Mrr'cury ~'ev.~s The college community of Davis declares itself a "nuclear-free zone." Many cities have "drug-free" zones. And now, in a public health twist on the idea, the small, wealthy city of Monte Sereno has adopted its own zone -this one to fight co- ]oncancer. Civic leaders have declared the city of 3,500 the country's only known "colon-cancer-free zone." Ip a community known more for hefty real estate prices than political pro- gressiveness, the move might seem an unlikely one. But such efforts have worked in other communities organized to combat breast or lung cancer, and backers say it is a good way to raise public awareness of a deadly disease that is highly pre- ventable. colon cancer ' :St first glance, it just sounds like a crazy, wacky idea;' conceded Dr. Richard Adrouny, a Los Gatos on- cologist who came up with the no- tion. "But I think in years to come, it will actually be a very forward- thinking idea." If not an arduous one. Colorectal cancer claims the lives of 56,000 Americans a year, making it one of the leading causes of can- cer deaths, according to the Ameri- can Cancer Society. Ii is 1 geIy preventable, with doctors estimating that 90 percent of cases could be avoided if older Americans were more willing to un- dergo regular screening exams. But in a culture where the term "col- orectal" is hardly ever muttered, and those over age 50 shy away See CANCER, P¢ge 2B CANCER IEffort against disease Continued from Page ]B from having their nether re- gions probed, colon cancer awareness campaigns have mighty odds against them. "It sounded a little impos- sible, but Monte Sereno stepped up to'the plate and said'I think we can do this; " said Angie Carrillo, a spokes- woman for the Amerrcan Cancer Society. And so now, - she said, "We're oCf." Program leaders are gear- ing up to distribute educa- tional information on pre- venting the disease to every single one of the community's 1,200 households. They envi- sion not only amass-mailing campaign but also door-to- door efforts and outreach through neighborhood asso- ciations and newspaper ads, probably sometime early next year. The city's two closest med- ical centers, Community Hos- pital of Los Gatos and Good Samaritan Hospital, have of- fered incentives to their own employees to be screened for colon cancer. Residents will be surveyed about whether they've undergone screen- ings before. And acolon-can- cer mascot known lovingly by the cancer society as "Polyp Man" will probably be waving to revelers at the Los Gatos Holiday Parade next Satur- day. Sure, the efforts mighi sound a bit unsophisticated, said Adrouny, author of "Un- derstanding Colon Cancea" But, he said, "it's not a:ways about using drugs or surgery to fight a disease. A lot uC it is being aware of it and caking preventive action." Indeed, colon cancer is somewhat unusual in that while scientists do not know what causes the cancer, they do understand how to largely prevent it through regular medical screenings in people over age 50. The screenings are used to detect precancer- ous growths in th~~ colon and rectum. Removing the growths, known as polyps, can greatly reduce a person's cancer risk. Yet, despite their potential- ly life-saving benefits, colon- cancer screenings have been highly underused. Little more than 35 percent of adults over age 50 in California have had one, American Cancer Soci- etystatistics show. Health officials hope that number will quickly rise in council voted to become a co- lon-cancer-free zone. "The median age of our cit- izens is around 46 or 97. That means half of our residents are in the age at risk;' City Councilman David Baxter said. The council decided unanimously that the city would serve as the pilot for the program. "There was never any thought toward not doing it." It is certainly not unheard- of for cities to declare them- selves "free'' of a vice or health problem. In recent years, towns across the coun- try have pledged to become drug-free zones, or no-smok- ing zones. And the American Cancer Society has used sim- ilar methods to promote mammography for detecting breast cancer. Adrouny admits he had the commitment of cities such as Berkeley to ban nukes and space-based weapons in mind when he came up with the an- ti-cancer initiative. The ggoal is for Monte Sereno to chal- lenge other communities to follow its lead in the battle against colon cancer. The grass-roots effort is being embraced by public health officials, who hope the notion will catch on in other cities -and for other diseas- es. "It's great to hear a cam- paign has taken place on this particular health nsk. It pro- motes awareness;' said Nor- ma Arceo, a spokeswoman for the California Depart- ment of Health Services. "Across the board, I think that is essential." IF YOU'RE INTERESTED To learn mare about colon cancer, contact the American Cancer Soci- ety at (800) 227-2345, or yo to www.cancer.org. To find out how to join the "Colon-Cancer-Free Zone" efforts, call (408) 688- 0122 ~~~ ~ Cartact.Julie SeurensLymrs rzt jlyons(~mercurynews.com ,,. innai non anon MEPCUPY NEWS ~o~\T~s~P 1V~c~a~t~~ ~~x•et~o ~° .~ ~'` 1~~ty ~ ^~n e'er%RORAt'BP 1lA~~~,~ ~~~~L.rlt-~f~41. 18041 SARATOGA-LOS GATOS ROAD, MONTE SERENO, CA 95030 ISSUE, MONTE SERENO DECLARED COLON CANCER FREE ZONE Monte $ereno Ciry CouncO has unanimously voted to declare our community the fvst 'Colon Cancer Fr<e Zone" W the nazion.This action was taken, with Ne lead- ership of the Artterican Cancer Society, to help save lives. "We are thrilled chat Monte Sereno Council members were [he first to care enough about [heh community to take this action, which will hopefully expand [o other communities," says Dr. Richard Adroun}l Amcrican Cancel $OClery VOhln[eQ. number of men and women. This demographic is id<n- tical to the high risk population, and we 6e8eve we can save Gees with appropriate education and intervention" Monte $ereno Mayor David Baxtnr sacs. "We are pleased to be the firs[ in the country [o take on this life-saving effort and would like [o see ocher cities join us m making a difference W prevemmg this disease." The City has agreed [o help with education by supporting the awarentss campaign with a number of mailings, signage and other events and aaivi[ies. According to the last report from the D7orthern California Cancer Center's Cancer Incidence Registry, [en cases of colon cancer were diagnosed in Monte Sereno -all of them invasive cancers. ""there is no reason for this," explained Gay Crawford, who made the ACS presentation before the Monte Sereno City Council. '"this disease is 90% preventable with appropriate testmg," sacs Dr.Adrouny who conceived [he idea of the colon cancer free zone. "Md Monte $ereno is an ideal community [o become the First colon cancer free zone: an older, educated, and stable populanon, with an equal Monte $ereno residents 50 years or older arc encouraged [o learn more about colon cancer and [he benefits of testing 6y contacting the American Cancer Society. Both patients and donors are urged m bring up the subject for discussion, and decide together on the best testing options. Factors associated with increased risk for colon cancer, as web as information on prevrnuon, early detection, and treatment of the disease can be found on [he ACS's web site at www.cancesorg or by calling AC$ at 1-800-22?-2345. People interested in knowing more may also call the local office az (408) 688-0120. REDUCE YOUR COLON CANCER RISK Source:.4mericnn Cancer Society, Mnrcb ?003 The survival rate from colorectal cancer is 90% if detected eary. What can You do w lower your risk for the disease or prevent i[ altogether? From [he list below, circle which behaviors can decrease your colon cancer risk. A. Healthy diet B. Physical activity C. Regular checkups, including appropriate cancer screenings D. Maintaining a healthy weight E. Ealing less red meat E Yot smoking G. Limiting alcohol, 0 you drirdt at a8 All of these factors decreve your colon cancer risk. Hy eating a diet high W vegetables,fruics and grains and low m red meat and almhoL. you may decr<ase your risk as well as help maintain a healthy weigh[. Regular es<rcis< and not smoking are also important m living healthy. Get regWar checkups and discuss with roar donor which cancer screening tests aze right for you. Colon cancer may be prevented with tests that can fmd polyps early so that they can be removed before they become cancerous. For more information, contact [he .-,vnerican Cancer Society a[ 1-80PAC5-2345 or visit www.cancer.org. Answer: All Uf the abOVC! ~~~~~~ Monte $ereno Newslener 18041 Saratoga-Los Gatos Rd. ~MOn[e Sereno, CA 95030 Phone: 354?G35 Fax: 395-?G53 Cityhall@ mon[esereno. org N .~i W W O v O~ ~I ~, ~a U • ~^ l W '+'~ W .- ~, N Y to d p ~~ y N^ qy O N oA ~ ~ Uq dp7qq ~ ~y~~' ~ V T ~yy,c s~ ~~ ~ ~r°n o~ m o~au s m m G,p 0. "p uoy my ,~ ~ O v oy•~ w o d o v m e eo ~, sy c m mb u" o u u 7+0.' m ~ ~ ~ ~ ~o o ~. c'y a°' ~yca ,p u U p p~ .r '~' N y y p Y 3. m°vs av~° m c ao ~ o qa~j u s m m 0.wC7 m om y, v[~i ~- L uEo~oa ap?iOm p N Ln CO+' N ttl •~ myava°~'oo~~a ~U asi O,cO MUy C.'vOV~.B~wu U o..+O.CJ a C C 0.u A C~. s ~ yro~ ~ `~ W ~ y ~`~•oo.~cn v U i mu N 0.~~ G U W R m~ ~~ m~'c''u 3 o m•au you, u uUdy ~~'~~uc3 c.soo 6 ~ C ~~ ~'s ~ d C~ o N m~G m u d +' ~' N O y O s. p ,,,, s. ,'~ y a ~•o a,~yo`o ~~mou~'' m'^p^ G C m G Q a~'i ~~ ao ''b y E O M 1. 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B e y r o~ ^GO , a,~ 8 CC i' ~ m ~ .II U~ ~ ~ d ~~ i ~~ ~ F ?G~~~~^sa m00~~ m ~.-o.a s'm m.+ c a.~ ^ c ,~an,~ose,9~lercurg?Vews December 19, 2003 Re~ders° ~e~ters Colon cancer can be prevented We appreciate the coverage that the Mercury News has given to the topic of colon cancer - a very com- monbut preventable form of cancer (Page lA, Dec. 8). While. some screening tests may help with early detection of cancers, tests like colonoscopy can actually prevent colon cancer by removing growths called polyps before they become cancerous. colonoscopy is only one way to screen for colon can- cer, although there is no doubt that it is the most direct way of examining the colon. Vhiual colonoscopy is a new technique currently under study but may have a role in the fu- ture. Regardless of what testis cho- sen,the most important step is mak- ingthe decision to have some form of test for early detection. In the South Bay, we do not see that the demand for colonoscopy has outstripped the supply of physicians who can perform the procedure. It is certainly a possibility that this could happen or that there will be a rea- sonablewaiting period. colonoscoppyy can be performed by gastroenterolo- gists and some surgeons, and if the demand exists, other health profes- sionals may some day be trained in the procedure to meet the demand. Colon cancer is a disease that af- fects approximately 140,000 Ameri- cans each year, and will cause about 50,000 deaths each year. Yet this is one cancer that we can beat. George Esher, M.Q Regional Chairman American Cancer Society Stanford A Richard Adrourry, M.0. Chairman, American Cancer Society Colon Cancer Free Zam Monte Sereno ~ THE MONTEREY COUNTY HERALD, SUNDAY, NOVEMBER 30., 2003 City campaigns to boot colon cancer By JULIE SEYRENS LYONS" Sari Jane Mercury News The college community of Davis declazes itself a "nuclear- free zone." Many cities have "drug-free' zones. And now, in a public health twist on the idea, the small, wealthy city of Monte Sereno has adopted its own zone -this one to fight colon cancer. Civic leaders have declazed the city of 3,500 the country's only known "colon~cancer-free. zone." "At first glance, it just sounds like a crazy, wacky idea," conceded Dr. Richazd Adrouny, a Los Gatos oncolo- gist who came up with the notion. "But I think in years to come, it will actually be a very forward-thinking idea." U not an arduous one. Colorectal cancer claims the lives of 56,000 Americans a yeaz, making it one of the lead- ing causes of cancer deaths, according to the American Cancer Society. It is largely preventable, with doctors estimating that 90 per- cent of cases could be avoided if older Americans were more willing to undergo regular screening exams. But in a cul- ture where the term "colorectal" is hardly ever mut- tered, and those over age 50 shy away from having their nether zegions probed, colon cancer awareness campaigns have mighty odds against them. "It sounded a little impossi- ble, but Monte Sereno stepped up to the plate and said 'I think we can do this,"' said Angie Carrillo, a spokeswoman for the American Cancer Society. .Program leaders are gearing up to .distribute educational information on preventing the disease ;o every single one of the communit}~s 1,200 house- holds. They envision not only a mass-mailing campaign but also door-todoor efforts, and outreach through neighbor- hood associations and newspa- per ads, probably sometime early next year. Residents will be surveyed about whether they've under- gone screerdngs before. And a coloncancer mascot known lovingly by the cancer society as "Polyp Man" will probably be waving to revelers at the Los Gatos Holiday Parade Dec. 6. Sure, the efforts might sound a bit unsophisticated, said Adrouny, author of "Understanding Colon Can- cer." But, he said, "it's not always about using drugs or surgery to fight a disease. A lot of it is being aware of it and taking preventive action." For Immediate Release Contact: Angie Carrillo 408.688.0106 office 800.971.8510 pager MONTE SERENO SAYS NO TO COLON CANCER MONTE SERENO, CA -Mazch is Colorectal Cancer Awareness month, and the City of Monte Sereno is collaborating with the American Cancer Society to challenge local communities to join them in the fight against colon cancer. In August 2003, Monte Sereno established itself as the first `Colon Cancer Free Zone' in the world and is now asking neighboring communities, such as Saratoga and Los Gatos, to join them in raising awareness of this deadly disease. "Colon cancer is the second leading cause of cancer related deaths, and it is 90% preventable," said Richard Adrouny, MD. "It is imperative that we educate people about this disease, because it could undoubtedly lead to the near abolishment of this form of cancer." "The challenge to become a `Colon Cancer Free Zone' means that a community recognizes the seriousness of this disease and vows to encourage all residents and employees to become aware of the risks for colon cancer, talk to their health care providers, and when appropriate, take the necessary screening tests for the disease," says Gay Crawford, Cancer Society volunteer and chairman of the blue ribbon advisory committee to help make the idea reality. "It is remarkable how many colon cancer related deaths could be avoided simply by being informed and catching this disease before it becomes incurable", said Monte Sereno City Manager, Brian Loventhal. "We are proud to have initiated a `Colon Cancer Free Zone' and hope that other communities will join us in the fight against this form of cancer" Throughout the month of Mazch there will be education programs at Community Hospital of Los Gatos and Good Samaritan Hospital. These will serve as community forums in which people can go and learn more about the disease, where and how to get tested, and what they can do to prevent the disease and remain colon cancer-free. Colorectal cancer kills 56,000 Americans a yeaz, making it second only to lung cancer The "Colon Cancer Free Zone" was introduced in Monte Sereno, CA to increase public awareness of colon cancer and to help reduce the incidence of this disease to the lowest rate possible within the "Zone". Ifyou are interested in joining the "Colon Cancer Free Zone" to help prevent this disease call the American Cancer Society at 408.688.0120, or visit www.cancerorg #rr#