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HomeMy WebLinkAbout07-06-2004 City Council Agenda Packet CITY OF SARATOGA CITY COUNCIL AGENDA TUESDAY, JULY 6, 2004 3•nn P.M. ARCHIVE COPY ROLL CALL REPORT OF POSTING AGENDA AGENDA *SITE VISITS WILL BE MADE TO THE FOLLOWING ITEMS ON THE CITY COUNCIL AGENDA FOR JULY 6, 2004 ON JULY 7, 2004 1) 18372 Swathmore Drive -Tree Removal Permit Appeal The City Council conducts site visits to properties which are new items on the City Council agenda. The site visits are held on Tuesday preceding the Wednesday hearing between 3 :00 p.m. - 5:00 p.m. Site visits only occur when there is an appeal scheduled before the City Council. It is not necessary for the applicant to be present, but you are invited to join the Council at the site visit to answer any questions which may arise. Site visits are generally short (5 to 10 minutes) because of time constraints. Any presentations and testimony you may wish to give should be saved for the public hearing. Please contact staff Tuesday morning for an estimated time of the site visit. ADJOURNMENT In compliance with the Americans with Disabilities Act (ADAJ, if you need special assistance to participate in this meeting, please contact the City Clerk at (408) 868-1269 or ctclerk a(lraratoga.ca. us. Notiflcatfon 48 hours prior to the meeting will enable the Ciry to make reasonable arrangements to ensure accessibility to this meeting (28 CFR 35.102-35.104 ADA Title 11). Certificate of Posting ofAgenda: 1, Cathleen Boyer, City Clerk for the City of Saratoga, declare that the foregoing agenda for the meeting of [he City Council of the City of Saratoga was posted on July 1, 2004 at the office of the City of Sara/ogq 13777 FruiNale Ave., Saratoga, CA 95070 and was available for public review at that docatton. The agenda is also available on the City's website at www.saratoQa.ca.us Sig this ' 004 at Saratoga, California. Ca l CMC, City Jerk CITY OF SARATOGA CITY COUNCIL ARTS COMMISSION FINANCE COMMISSION HERITAGE PRESERVATION COMMISSION LIBRARY COMMISSION PARKS & RECREATION COMMISSION PLANNING COMMISSION PUBLIC SAFETY COMMISSION AGENDA TUESDAY, JULY 6, 2004 3:30 P.M. ROLL CALL REPORT OF POSTING AGENDA 3:30 P.M. -Study Session -Portable between Recreation and Corporation Yard-Allendale Avenue 1) Commission Work Plans for FY 2004 - OS ADJOURNMENT In compliance with theAmericans with Disabilities Act (ADAJ, ifyou need special assistance to participate in this meeting please contact the City Clerk at (408J 868-1269 or ctclerka(traratoga.ca.us. Notif+eation 48 hours prior to the meeting will enable [he Ciry to make reasonable arrangements to ensure accessibility ro this meeting (28 CFR 35.102-35.104 ADA Title II). Certificate of Posting ofAgenda.~ 1, Cathleen Boyer, City Clerk for the Ciry of Saratoga, declare that the foregoing agenda for the meeting of the City Council of [he City of Saratoga was posted on July 1, 2004 at the ojfiee of the City of Saratoga, !3777 Fruitvale .4ve., Saratoga, CA 95070 and was available jar public review at that location. The agenda is also available on the City's websi[e at www.sarato aQ ca. us Saratoga, California. AGENDA REGULAR MEETING SARATOGA CITY COUNCIL JULY 7, 2004 OPEN SESSION - 5:30 P.M. JOINT MEETING WITH LIBRARY COMMISSION CLOSED SESSION -6:30 P.M. ADMINISTRATIVE CONFERENCE ROOM, 13777 FRUITVALE AVENUE ANNOUNCEMENT OF CLOSED SESSION ITEMS CALL MEETING TO ORDER Conference With Leeal Counsel -Existing Litigation (Gov't Code Section 54956.9(c): (1 case) Comcast Phone of California LLC v. State Board of Equalization. Alameda County Superior Court Case No. RG04151862 Conference With Labor Negotiators (Gov't Code 54957.6): Agency designated representatives: Lorie Tinfow, Assistant City Manager Tom Sullivan, Community Development Director Employee organization: Non SEA Members 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 July 1, 2004) COMMUNICATIONS FROM COMMISSIONS & PUBLIC Oral Communications on Non-Aaendized 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 Library Commission. Report from the Revenue Review Committee. Recommended action: Accept report; schedule public hearings for meetings on July 21 and August 4; direct staff to prepare necessazy documentation in order to submit ballot measure for voter consideration in November 2004. Written Communications None Oral Communications -Council Direction to Staff Instruction to Staff regarding actions on current Oral Communications. ANNOUNCEMENTS None CEREMONIAL ITEMS lA. Commendations for Bobby Chandra -Outgoing Library Commissioner Recommended action: Present commendation. 1B. Appointment of Pazks and Recreation & Public Safety Commission Members and Oath of Office Recommended action: Adopt resolutions and administer Oath of Office. 1 C. Proclamation -Supporting "Saratoga Reads" Recommended action: Read proclamation. SPECIAL PRESENTATIONS None CONSENT CALENDAR The Consent Calendar contains routine items of business. Items in this section will be acted in one motion, unless removed by the Mayor or a Council member. Any member of the public may speak to an item on the Consent Calendar at this time, or request the Mayor remove an item from the Consent Calendar for discussion. Public Speakers are Limited to three (3) minutes. 2A. Approval of City Council Minutes -May 19, 2004 Recommended action: Approve minutes. 2B. Approval of City Council Minutes -June 16, 2004 Recommended action: Approve minutes. 2C. Review of Check Register Recommended action: Approve check register. 2D. Agreement Between the City of Saratoga and David and Susan Carter - 18947 Harleigh Drive, Saratoga and City Property Known as Assessor's Parcel Number 389-29-020 Recommended action: Ratify execution and recordation of Agreement. 2E. Design Services for Blaney Plaza Improvements -Phase II Recommended action: Approve professional services contract from Greg Ing and Associates in the amount of $9,500; Authorize City Manager to execute a professional services agreement; Authorize staff to expend up to $7,500 for surveying and miscellaneous costs associated with the project. 2F. Brookglen, El Quito and Wildwood Parks: Playground Equipment Upgrade Project -Notice of Completion Recommended action: Accept Notice of Completion. 2G. Enter into a Revised Core Natural Gas Agreement with ABAG POWER Recommended action: Authorize the City Manager to sign the Revised Core Natural Gas Agreement with ABAG POWER PUBLIC HEARINGS Applicants/Appellants and their representatives have a total often minutes maximum for opening statements. Members of the public may comment on any item for up to three minutes. Applicant/Appellants and their representatives have a total of five minutes maximum for closing statements. Items requested for continuance are subject to Council's approval at the Council meeting. Resolution Ordering the Abatement of a Public Nuisance By Removal of Hazazdous Vegetation Recommended action: Conduct public hearing. No other action is necessary -properties listed on the 2004 Brush Abatement report aze in compliance. 4. Appeal of a Denial of a Planning Commission Decision Denying a Tree Removal Permit Appeal at 18325 Swathmore Recommended action: Conduct public hearing; uphold the Planning Commission action denying the appeal of a Staff decision. OLD BUSINESS None NEW BUSINESS 5. Establishing a Committee to Recommend Options for Resolving Orchazd Dirt and Mud Tracked into the Sazatoga Library Recommended action: Provide direction to staff regarding the composition of a proposed Committee to develop recommendations that will address problems associated with dirt and mud tracked into the Library from the Orchard. 6. Resolution of Intent to Amend Ordinance No. 225 - An Interim Ordinance Extending a Moratorium on New Personal Service Businesses Located on the Ground Floor in the Village and Declaring the Same to be an Urgency Measure to Take Effect Immediately Recommended action: Accept report and direct staff accordingly. Permission to Fill Parks Maintenance Worker I Position Vacancy Recommended action: Council designate this position as "essential" and authorize City Manager to fill the Pazks Maintenance Worker I position. 4 COMMISSION ASSIGNMENT REPORTS Mayor Waltonsmith Finance Commission VTA Restroom Ad-Hoc Vice Ma or Kin Arts Commission City/School Ad-Hoc Committee Parks and Recreation Commission Councilmember Bososian Council Policies AD-Hoc Committee Heritage Preservation Commission Councilmember Kline Council Policies AD-Hoc Committee Library Commission Planning Commission Village Ad-Hoc Committee Councilmember Streit Pub1iF Safety Commission Vision for Saratoga AdHoc Youth Commission CITY COUNCIL ITEMS OTHER CITY MANAGER'S REPORT 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 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting (28 CFR 35.102-35.104 ADA Title II). Certificate of Posting 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 July 1, 2004 at the office of the City of Saratoga, 13777 Fruitvale Ave., Saratoga, CA 95070 and was available for public review at that location. The agenda is also available on the City's website at www saratoQa.ca.us Signed this I s , fJuly 2004 at Saratoga, California. Cathleen Boyer, ~MC, City Clerk ~- CITY OF SARATOGA CITY COUNCIL MEETING CALENDAR 2004 7/21 Regular Meeting -Joint meeting with Chamber of Commerce 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 12/1 Regular Meeting 12/15 Regular Meeting -Council Reorganization SARATOGA CITY COUNCIL MEETING DATE: July 7, 2004 AGENDA ITEM: ORIGINATING DEPT: City Manager's Office CITY PREPARED BY: Lorie Tinfow, Asst. City Mgr DEPT ~~/~~_ ~ ~ r SUBJECT: Revenue Review Committee's Recommendation to Place Utility User Tax on November 2004 Ballot RECOMMENDED ACTION: Accept report; schedule public hearings for meetings on July 21 and August 4; direct staff to prepaze necessary documentation in order to submit ballot measure for voter consideration in November 2004. REPORT SUMMARY: Vision Ad-Hoc Committee Established In September and October 2003, the City Council held two community meetings to discuss facility and infrastructure assets and maintenance needs. As a result of those meetings, several residents asked the City Council to establish an ad-hoc committee to consider options for Sazatoga's future. Council did so and created the Vision Ad Hoc Committee comprised of Council members, residents and City staff. Committee Acitvities After reviewing the status of existing infrastructure and facilities, and existing revenue and expenditure information, the group refocused their efforts on determining the extent of deferred maintenance including cost and impacts. They also asked for information about options to increase revenue and identified the Utility User Tax as the most viable. On Apri121, the committee brought a report back to Council and asked for permission to collect feedback on their findings and revenue generating options. Council agreed. On May 3, the committee held a meeting with City Commissioners and made an initial presentation. The Commissioners provided suggestions for additional information to include in the presentation as well as an initial response to the Committee focus on City infrastructure and facilities. For example, they questioned whether deteriorating street conditions were likely to be easily understood and garner support for additional revenue. The Commissioners suggested adding actual improvements to the City that would create enthusiasm. Next, the Committee made a presentation to a local homeowner's association. This group responded more favorably to an infrastructure focus and easily connected any deterioration to a decrease in their property value. They viewed additional tax as an investment in their property. The public forum held on June 7 identified a number of azeas where more information was needed. The general group response questioned the need for additional tax dollazs and instead challenged the group to prove that the City could not address maintenance and sustain operations with existing revenue. All comments helped shape the presentation to be made tonight and included as Attachment A. Committee's Name Changed The Vision Ad-Hoc Committee decided that given all information, developing a vision for the future was less pressing than addressing the deficient City infrastructure and facilities, and remedying the lack of adequate revenue. As such, they adopted the new name "Revenue Review Committee". Revenue Review Committee Recommends a Utility User Tax (UUT) Based on their close review of City financial materials and taking the feedback described above into account, the newly renamed Revenue Review Committee is recommending that the City Council take steps towazd putting a Utility User's Tax (UUT) on the November 2004 ballot. WT specifics follow: ^ 5% tax on water, cable, gas, electric and telephone bills ^ would generate an estimated $3.2 million per year ^ tax would sunset in ten (10) years ^ exemptions for "lifeline" utility users could be included ("lifeline" services aze provided to those who demonstrate low income levels) ^ a companion advisory measure that provides direction to the City Council about use of WT revenue At least 153 public agencies (cities and counties) in California have a Utility User Tax including many in the Bay Area. Rates run from 7.5% in Alameda to 3.5% in Los Altos. The Committee's proposed 5% is a fairly common rate. Additional Background Information To help Council and the Community understand the issues surrounding the Committee's recommendation, additional background information follows in question-and-answer format. 1. How did the City get to this point? ^ Revenue Loss Over the Past 15 Years. Declining revenues have been a steady problem since the early 1990s when the State of California acted to shift approximately $695,000 per yeaz from City property tax revenue to support the schools (also known as "ERAF shift"). With our limited commercial presence and an almost non-existent industrial presence, sales tax is not as significant a revenue source to Sazatoga as to many other cities. Conversely, vehicle licensing fees (VLF) are a much lazger contributor to our total revenues than in many cities. For example, in 2002-03, VLF comprised about 8% of Los Gatos' total revenue while for Saratoga it amounted to 18%. As a result, the State reductions of VLF revenue passed through to cities in 2003-04 hit Saratoga particularly hard. 2 of 7 With the end of the Utility User Tax (UUT) in 1996, the City budget sustained a starting loss of $730,000 per year. Significant staff cuts and continued deferral of maintenance were implemented to bring expenditures in line with reduced revenues. In addition, in 2003-04, Measure B fends-special funds designated for street maintenance-also went away and total spending on street maintenance was reduced by $700,000. A summary of the revenue losses (not counting Measure B funds) sustained in the last 15 years or so follows: Timing Annual Loss Total Loss since 1992 ERAF shift in Early 1990s $695,000 $10,425,000 Loss ofUUT in 1996 $730,000[ $6,987,000 VLF loss in 2003-04 $576,000 $576,000 In addition, the Governor has asked Cities to contribute to meeting the State's expected budget shortfall for 2004-OS and 2005-06 in exchange for a constitutional promise to repay the total in 2006-07 and stop taking revenues due local agencies to solve State budget problems. Saratoga's portion of the loan is expected to be the following: Additional ERAF loss in 2004-OS Additional ERAF loss in 2005-06 $319,381 $319,381 Total conservative estimate of the cumulative loss for the period 1992-2006: 1 R _(,26.762 Saratoga's Portion of Property Tax is Small. The City of Saratoga's primary source of revenue is property tax. The City as a whole generates property taxes of approximately $69 million, but because of the City's low/no property tax designation and the effects of Proposition 13, the City receives only a small fraction-we expect a total of $3,226,700 in FY2003-04. In FY2004-OS our expected portion of property taxes will only increase by the nominal amount of $44,055. While the valuation of homes continues upward, that valuation does not translate into dollars until there is a sale of the property and the selling price becomes the basis for the new taxable assessment. Flat or Low Net Growth in Other Tax Revenues. Other revenue sources such as sales tax and transient occupancy tax (TOT) are expected to remain relatively flat. The good news is that in 2004-OS vehicle licensing fees are projected to increase by $496,000 over last year, mostly through increased car sales. However, factoring in the expected State takeaway of $319,381 described in detail above results in a net of about $185,000. All Costs Continue to Increase. Just like every other California business, all costs associated with supplies, equipment and labor increase every year. For example, the budget this year includes a net $350,000 increase in the Sheriff's Office contract for costs beyond the City's control. Even with a cost increase of this magnitude, contracting for ~ This amount reflects the actual loss in 1997; the amount of revenue would have grown each year as utility costs grew. 3 of 7 police services remains very efficient and cost effective. As an illustration, Los Gatos pays $332.02 per capita while Sazatoga pays $113.18. Crime statistics show Sazatoga remains a safe community under the Sheriff s Office protection. In addition to the Sheriff s contract increase, the City received significant increases in costs of employee benefits-Public Employee Retirement System (PEAS), worker's compensation and health insurance premiums. Until this yeaz, our PEAS account has been "superfunded" meaning the amount we must contribute each yeaz was offset by a high return on investment. That condition no longer exists and for 2004-OS our Costs will increase 4.35% or roughly $230,500. The City's expected cost for health insurance is estimated to increase by 7% effective January 1, 2005. Worker's compensation costs and health insurance premiums aze expected to increase by about $45,000 for 2004-05. All of these costs are projected to continue to increase over coming years. The reality is that the City is struggling to keep up with increasing costs associated with providing current service levels. 2. What steps have been taken already to cut expenditures and/or increase other` revenues? With the loss of the UUT in 1997, substantial cuts in staffing levels were made and the City currently has just 58.75 Full Time Equivalents (FTEs). More recently, Council has taken the necessary actions to bring expenditure appropriations more in line with revenue estimates. Hard decisions have been made including implementing new staff layoffs for 2004-05. A listing of cumulative budget reductions made over the last three budget years follows: In Fiscal Year 2002-03, more than $734,500 was cut from the existing budget by taking the following actions: ^ A hiring freeze was implemented-the Human Resource Technician $169,000 and Community Service Officer positions became vacant during the yeaz and were not filled; two positions in the City Manager's Office were consolidated into one Patrol Officer was cut from the Sheriff's Office contract ff T $100,000 ic ra One (1/2 ear ^ Other smaller cuts were made in areas such as training, various program $79,000 savin s, office a ui ment, and use of consultants ital a ui ment urchases and facilit maintenance were deferred ^ ll $384,000 ca a In Fiscal Year 2003-04, the previous cuts continued and new reductions were implemented. The budget was reduced by $1,427,810 by taking the following actions: The hiring freeze was continued and positions listed above remained $180,000 vacant Holida Work Furlou h was im lemented ^ Cit Council contin enc fund was reduced to $100,000 er ear • Sheriff's Office was directed to cut contract costs b 5%; the Traffic $2,500 $100,000 $350,000 4of7 Patrol Officer reduction was maintained Em to ees received no merit increase $217,560 ^ Street swee in services reduced from weekl to monthl $55,000 ^ Reduction in traffic en ineer consultin services $15,000 • Other smaller cuts were made in every department in areas such as training, various program savings, office equipment, and use of consultants $123,750 All capital equipment purchases and facility maintenance continued to be deferred $384,000 For 2004-05, again, the previous cuts continued and new reductions were implemented. Expenditures were reduced by more than $1,466,566 as shown below: Continue the hirin freeze and ositions listed above remain vacant $198,000 Holida Work Furlou h was continued $2,500 City Council contingency fund was reduced to $100,000 for second ear $100,000 ^ Em to ees received no merit increase for second ear $217,560 ^ Street swee in services continue at service monthl $55,000 ^ Maintain reduction in traffic en ineer consultin services $15,000 The Traffic Patrol Officer reduction was maintained $200,000 La off of two additional ositions $94,000 Shift responsibility for sidewalk maintenance from City to individual ro ert owners $55,000 ^ Terminate the contract with le islative consultant $27,000 Eliminates rin clean u $47,000 ^ Eliminate stipends for both the Planning Commission and the City Council $27,000 Do not hire seasonal street maintenance staff $22,000 • Make other smaller cuts in areas such as staff holida art $22,500 • Continue to defer all capital equipment purchases and facility maintenance $384,000 To produce a balanced budget for 2004-05, Council also authorized staff to use up to $150,000 in funds from the Economic Uncertainty Reserve. Other operational changes have also been made. For example, to help stabilize the Development Fund, development fees have been increased to bring them in line with the real costs of providing services related to new projects. Community Development staff time has also been reapportioned to increase the time spent on fee-based services such as project review from 24% to 50%. The fees generated offset salaries and the increased priority will speed project progress. 3, What are the alternatives to a Utility User Tax? The Committee considered a number of revenue generating alternatives (see Attachment B). They considered increasing existing taxes such as the transient occupancy tax, property transfer tax, and 5 of 7 business tax, and implementing new taxes such as a local sales tax; a parcel tax; special assessment; General Obligation Bonds; or setting up a city-wide Landscape & lighting district. The Utility User Tax was selected for several reasons: ^ one of the few revenue sources safe from State takeaway ^ common among other Cities ^ Sazatoga had a UUT until 1997 ^ Flexible timeframe and allows for "sunset" provision ^ allows exemption to disadvantaged groups ^ allows provision for rebats or rate reduction ^ fair tax that is based on consumption ^ requires community acceptance through a ballot measure process In addition, the amount of revenue that can be generated by a UUT is sufficient to address the infrastructure and facility maintenance issues. The City is moving forwazd with other revenue generating activities that are within our ability such as investigating the feasibility of a Redevelopment Agency and increasing development Fees as appropriate. One alternative to a UUT is no additional tax and the implications of that choice aze discussed under "Consequences of no action" below. 4. What are the consequences of no action? If the City Council decides not to accept the Committee's recommendation to put a 5% Utility User Tax to a vote or if the UUT does not pass in November, there aze a number of potential consequences that the City may have to consider, and examples follow: ^ Continued deterioration of streets, medians, bridges and buildings ^ Higher costs in the future when streets are no longer passable or buildings must be demolished and reconstructed ^ Lose City programs and services such as the Neighborhood Traffic Management Program and the Village Fapade Improvement Program as funds aze shifted to pay for infrastructure and facility maintenance ^ Reduced public safety services such as funding cuts to school resource officer, DARE program, traffic enforcement ^ City maybe forced to sell assets to generate short-term funds for maintenance needs ^ Reduced pazk maintentance ^ Redirect funds from the capital improvement program so that projects such as Blaney Plaza, Kevin Moran Pazk, etc., aze postponed indefinitely ^ Cut funding to outside groups such as the Saratoga Area Senior Services Center, Chamber of Commerce, and Hakone Gardens Future Actions Next steps include directing staff to prepaze the necessary ballot measure language and any necessary documentation to meet the August 6 filing deadline, holding public hearings on July 21 and August 6 of 7 4, directing committee members to begin making presentations to City Commissions and other local groups such as the Chamber of Commerce. Once the filing is made, City resources will be limited to educational activities. Any campaign activities will be done separately by a community-lead organization. FISCAL IMPACTS: Staff time will be needed to assemble informational materials and participate in presentations until the ballot measure filing is completed August 6. Should the measure pass, the City will see revenues increase by an estimated $3.2 million per year. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: Voters won't have the opportunity to consider the Utility User Tax in November 2004. Should Council decide to participate in a later election, costs associated with a ballot measure will be substantially higher. ALTERNATIVE ACTION: 1. Redirect Revenue Review Committee to pursue different direction 2. Delay placing measure on the ballot FOLLOW UP ACTION: Staff will prepaze ballot measure language, schedule the public hearings, and participate in presentations to educate various local groups including Commissions. ADVERTISING, NOTICING AND PUBLIC CONTACT: Posting of the agenda. 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N ¢. ago L E y C m x x y X T y - ~ U c x m m m ¢ W Z N om ~~ d N ~ L v d ~ Q m c ~ x d C~ x oHF 0 0 0 o o O_ d ~ O d y m adU!? ° d ~,y (` F d F~ N Ol b d~~ x-a ~ g > U c0 O ~.- L U d N d O N d d d T f~ C ,y U C 0 0 y- O d U ~' C C> y ~ _ C C N O - E y ' f0 d d ~ d~ l` d y O ~ d C O fq ._ ~p ` O d N "- ~ f0 X f0 U~ a m c9 a~¢ a w~~~ m~ J ~ 7 2 LL ~ LL d .~ c d m d E ~ d d C N d h X N d`o c 0 `o U ~ _d w d C ~U d ~ O o w U ~ m y a~i axi ~ c w o O y n E o .~ ~- d o L C ... y N O ~~ d ~ L w d •~ ~ N ~ Y E ~ ~ E O y U y ~ N d a d t 'O N C ~_ (0 ~ U N C ~ U l6 O d r1 L N O d (h O N O. a c7 ~ O w O. ~~ SARATOGA CITY COUNCIL MEETING DATE: July 7, 2004 ORIGINATING City M: PREPARED BY:~ AGENDA ITEM: I CITY MANAGER: ~"`~~ DEPT HEAD: SUBJECT: Commendation for Outgoing Library Commissioner RECOMMENDED ACTION: Present commendation. REPORT SUMMARY: Attached is a commendation for Bob Chandra who recently resigned from the Library Commission. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: N/A ADVERTISING, NOTICING AND PUBLIC CONTACT: Posting of the agenda. ATTACHMENTS: Attachment A -Copy of commendation. COMMENDATION OF THE CITY COUNCIL OF THE CITY OF SARATOGA HONORING Bob Chandra WHEREAS, Bob Chandra was first appointed to the Saratoga Library Commission in1999; and WHEREAS, Bob's advanced knowledge has contributed greatly to the Commission's discussion and understanding of the significant impact that technology has on library services; and WHEREAS, Bob has tendered his resignation from the Commission to pursue his education at the University of California Berkeley; and WHEREAS, the City Council of the City of Saratoga is proud of the citizens who contribute time and talent to our community. NOW, THEREFORE, BE IT RESOLVED, that Bob Chandra is hereby commended and thanked for his hard work and dedication on the Library Commission; and. BE IT FURTHER RESOLVED that we wish him well in the future. WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this 7`" July 2004. Ann Waltonsmith, Mayor City of Saratoga SARATOGA CITY COUNCIL n MEETING DATE: July 7, 2004 AGENDA ITEM: ^~ ORIGINATING DEPT~;,City Manager's Office CITY MANAGER: ~~~ PREPARED BY: ~~~~ .1~ DEPT HEAD: SUBJECT: Appointment of Parks and Recreation and Public Safety Commissioners and Oath of Office RECOMMENDED ACTION: Council approve the attached resolutions appointing members to the Parks and Recreation Commission and the Public Safety Commission. REPORT SUMMARY: Attached are resolutions appointing the following people: Parks and Recreation Commission Mazk Chapman - 10/O1/OS Denise Goldberg - 10/01/06 Public Saferi Commission Rollin Swanson - 04/01 /08 The Oath of Office will be administered and signed by the Commissioners. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: Appointments would not be made to Parks and Recreation and Public Safety Commissions. ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: Update City's Official Roster. ADVERTISING, NOTICING AND PUBLIC CONTACT: Posting of the Council Agenda. ATTACHMENTS: Attachment A -Resolutions of Appointment Attachment B -Oath of Offiee RESOLUTION NO.04~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA APPOINTING TWO MEMBERS TO THE PARKS AND RECREATION COMMISSION WHEREAS, two vacancies were created on the Parks and Recreation Commission resulting from the unexpired terms of Angela Fraizer and Sandra Dodge; and WHEREAS, a notice of vacancy was posted, applications were received, interviews have been conducted, and it is now appropriate to fill four vacancies. NOW, THEREFORE, the City Council of the City of Saratoga hereby resolves that the following appointments were made: Mark Chapman 10/Ol/OS Denise Goldberg 10/01/06 The above and foregoing resolution was passed and adopted at an adjourned meeting of the Saratoga City Council held on the 7th day of July 2004 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Ann Waltonsmith, Mayor ATTEST Cathleen Boyer, City Clerk RESOLUTION NO.04- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA APPOINTING ONE MEMBER TO THE PUBLIC SAFETY COMMISSION WHEREAS, one vacancy was created on the Public Safety Commission resulting from the expired term of Ron Santana; and WHEREAS, a notice of vacancy was posted, applications were received, interviews have been conducted, and it is now appropriate to fill one vacancy. NOW, THEREFORE, the City Council of the City of Saratoga hereby resolves that the following appointments were made: Rollin Swanson 04/01/08 The above and foregoing resolution was passed and adopted at an adjourned meeting of the Saratoga City Council held on the 7th day of July 2004 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Ann Waltonsmith, Mayor ATTEST: Cathleen Boyer, City Clerk STATE OF CALIFORNIA COUNTY OF SANTA CLARA I do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the Constitution of the State of California against all enemies, foreign and domestic; that I will bear true faith and allegiance to the Constitution of the United States and the Constitution of the State of California; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon which I am about to enter. Commissioner Subscribed and sworn to before me on This 7`" day of July 2004. Cathleen Boyer, CMC City Clerk SARATOGA CITY COUNCIL MEETING DATE: July 7, 2004 ORIGINATING DF,~T;~City Manager's AGENDA ITEM: ~-} ~+~ CITY MANAGER: °y`~/~-~ PREPARED BY: ~ DEPT HEAD: Cathleen Bover Clerk SUBJECT: Proclamation Supporting "Saratoga Reads" RECOMMENDED ACTION: Read proclamation. REPORT SUMMARY: Attached is a proclamation supporting "Saratoga Reads". FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: N/A ADVERTISING, NOTICING AND PUBLIC CONTACT: Posting of the agenda. ATTACHMENTS: Attachment A - Copy of copy of proclamation CITY OF SARATOGA PROCLAMATION SUPPORTING "SARATOGA READS" WHEREAS, "Saratoga Reads" is a project created by a desire to promote activities that can bridge diversity in thinking and interests among individuals, groups and organizations within our community by focusing on a common element; and WHEREAS, "Saratoga Reads" will be promoted over the next 4 months with opportunities to discuss the book in public forums and/or share with a friend, your neighbors or new acquaintance; and WHEREAS, the book selected by Saratoga Library, Montalvo and the Saratoga Arts Commission is "THE WOMAN WARRIOR: Memoir of a Girlhood among Ghosts", a story of growing-up American in a Chinese immigrant family. The author, Maxine Hong Kingston, is a well respected Bay Area author and will be speaking at Montalvo on the evening of October 21st and will be conducting a writers' workshop that afternoon; and WHEREAS, several events are being planned leading up to the event in October, as well as making the book available for purchase at community events and ~~ various locations. Saratoga Reads" will be integrated with activities associated with this year's Rotary's Building Bridges occurring October 3rd through 10th. NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Saratoga does hereby recognize and support "Saratoga Reads". Witnessed our hand and seal of the City of Saratoga on this 7`h day of July 2004. Ann Waltonsmith, Mayor City of Saratoga Woman Warrior by Maxine Hong Kingston; review by Erica eauermeister Maxine Hong Kingston grew up in two worlds. There was "solid America," the place her parents emigrated to, and the China of her mother's "talk-stories." In talk-stories women were warriors and her mother was still a doctor in China who could cure the sick and scare away ghosts, not a harried and frustrated woman running a stifling Laundromat in California. But what is story and what is truth? In China, a ghost is a supernatural being; in America it is anyone who is not Chinese. In addition, underlying even the most exciting talk-stories of Chinese women warriors is the real oppression of Chinese women: "There is a Chinese word for the female 'I' -which is 'slave.' " In an attempt to figure out her world, Maxine Hong Kingston finds herself creating stories of her own, filling in the blanks her mother has not told her because her daughter is, after all, not true Chinese and thus cannot be completely trusted. Can these new stories explain why she had trouble speaking in the American schools? Can they help her understand the aunt who committed adultery and whose existence is denied? The new stories refuse to fall into traditional forms, and the realizations that come from them often bring out a beautiful, passionate anger that practically burns through the pages. This is powerful, experimental writing, a combination of love, hate, frustration, and sheer beauty Maxine Hong Kingston Born in 1940, in Stockton, CA, Maxine Hong Kingston has changed the .voice of Asian American literature forever. Kingston was the third of eight children born to Chinese immigrant parents and the first to be born in America. In China, her father had been apoet-scholar and calligrapher. In America he worked in a laundry and a gambling hall, but he passed his love of learning and literature to his daughter. Her first language was Say Yup, a Cantonese dialect. By age nine, she was writing in English and became a bright and capable student earning 11 scholarships to attend UC Berkelely. After graduating in 1962, she married actor Earl Kingston; the couple moved to Hawaii, where they taught for ten years. Kingston's first book, 1976's "The Woman Warrior: Memoirs of a Girldhood among Ghosts," practically created a new literary genre. She mixed nonfiction and fantasy, history and legend, autobiography and fairytales, Asia and America. It was something entirely new -critics weren't sure what to make of it, but it soon found both a popular and an academic readership, due to its exploration of myth and history. Kingston's community also played a decisive role in Kingston's writing. Comparing herself to Toni Morrison and Leslie Silko, Kingston argues that _ what makes their writings vivid and alive is their connection with community and tribe. Yet Kingston refuses to be "representative" of Chinese Americans. "A Stockton Chinese is not the same as a San Francisco Chinese," Kingston stated in an interview with Arturo Islas. Unlike "the Big City" (San Francisco) and "the Second City (Sacramento), Stockton, a city in the Central Valley of California, has a relatively small Chinese population. At most the Stockton Chinese American community is a minor subculture of Chinese America. Yet Stockton became a "literary microcosm for Kingston, whose knowledge of China derives from its people. And the language spoken in this community, a Cantonese dialect called Say Yup, supplies Kingston with distinctive sounds and rhythms. What Kingston has done in her writing is to translate the oral tradition of her community into a written one. SARATOGA CITY COUNCIL MEETING DATE: July 7, 2004 ORIGINATING DEPT: City Manager's Office PREPARED BY: Cathleen Boye , 'ty Clerk SUBJECT: City Council Minutes RECOMMENDED ACTION: AGENDA ITEM: CITY MANAGER: ~~~ DEPT HEAD: Approve minutes. REPORT SUMMARY: Approve minutes as submitted for the following City Council Meeting: Regular Meeting -May 19, 2004 FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: Retain minutes for legislative history. ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: Attachment A -Minutes May 19, 2004 MINUTES SARATOGA CITY COUNCIL MAY 19, 2004 The City Council of the City of Saratoga held a Joint Session with the Public Safety Commission (PSC) in the Administrative Conference Room, 13777 Fruitvale Avenue, at 5:30 p.m. The following Commissioners were present: Bridgette Ballingall, Ken Biester, Mitch Kane, and Isabelle Tennenbaum, Chair. Chair Tennebaum read the PSC's Mission Statement and highlighted the Commissions accomplishments in 2004: • Finalized the Neighborhood Traffic Management Plan (NTMP) • Finished the 151 NTMP with El Quito Neighborhood • Completed the Blue Hills Traffic Plan Participated in the Community Emergency Response Training (CERT) Participated in the County Fire Self -Assessment • Participated in Sheriff ride-a-longs Chair Tennebaum explained the future plans of the PSC: Will push the CERT program Awareness of Community Preparedness for emergencies Future NTMP's A discussion took place in regards to how much time the Commission spends on each of their tasks. The Commission responded that they spend most of their time on traffic issues. A discussion took place in regards to the NTMP and the Commissioner Ballingall explained how neighborhoods are in a que for the program. Mayor Waltonsmith thanked the PSC for attending the joint meeting. ADJOURN TO CLOSED SESSION Conference With Legal Counsel -Initiation of Litigation (Gov't Code Section 54956.9(c): (2 potential cases) Conference With Legal Counsel -Existing Litigation: (Government Code section 54956.9(a)) City of Saratoga v. Frank Richard Feiner (Santa Clara County Superior Court Case No. CC443723) Conference With Labor NeQOtiators (Gov't Code 54957.6): Agency designated representatives: Lorie Tinfow, Assistant City Manager & John Cherbone, Pubic Works Director Employee organization: SEA Conference With Labor Negotiators (Gov't Code 54957.6): Agency designated representatives: Lorie Tinfow, Assistant City Manager & Tom Sullivan, Community Development Director Employee organization: Non SEA Members Conference With Labor Ne otg iators (Gov't Code 54957.6): Agency designated representatives: Dave Anderson, City Manager Employee organization: SMO MAYOR'S REPORT ON CLOSED SESSION - 7:00 a.m. Mayor Waltonsmith reported there was Council discussion but no action was taken. Mayor Waltonsmith called the Regular City Council meeting to order at 7:00 p.m. and lead the Pledge of Allegiance. ROLL CALL PRESENT: Councilmembers Stan Bogosian, Norman Kline, Nick Streit, Vice Mayor Kathleen King, Mayor Ann Waltonsmith ABSENT: None ALSO PRESENT: Dave Anderson, City Manager Lorie Tinfow, Assistant City Manager Richard Taylor, City Attorney Cathleen Boyer, City Clerk John Cherbone, Public Works Director Cary Bloomquist, Administrative Analyst Joan Pisani, Recreation Director John Livingstone, Associate Planner REPORT OF CITY CLERK ON POSTING OF AGENDA FOR MAY 19, 2004 Cathleen Boyer, City Clerk, reported that pursuant to Government Code Section 54954.2, the agenda for the meeting of May 19, 2004was properly posted on May 14, 2004. COMMUNICATIONS FROM COMMISSIONS & PUBLIC ORAL COMMUNICATIONS The following people requested to speak at tonight's meeting: Andrew Barnes noted that he starting building a home three years ago in Saratoga and recently completed it in November 2003. Mr. Barnes noted that he had a bad experience with the City's Community Development Department. Mr. Barnes explained the situation in regards to his secondary unit being over the allowed square footage and with his request to the City to allow his unit to be grandfathered into the City. Mr. Barnes noted that he met with Director Tom Sullivan and was told to scale the secondary unit down to 620 square feet. Mr. Barnes noted that he was approaching the City Council in order to get his problem resolved. James Foley noted that he was present this evening representing the Vineyards Home Owners Association. Mr. Foley explained the lack of maintenance on Saratoga Avenue between Vineyard Lane and the Route 85 westbound on ramp. Mr. Foley stated that the landscaping is dead and the weeds are a fire hazard. Mr. Foley stated that the Vineyards are hoping that the City would remedy this problem immediately Dr. Fred Armstrong noted that he was present this evening as the Chair of the Rotary's "Building Bridges" event which will be held in October. Dr. Armstrong requested that the City support the event and waive any fees that may be imposed on them. COMMUNICATIONS FROM COMMISSIONS Isabelle Tennenbaum, Chair /Public Safety Commission, reported that the PSC and the City Council met in a joint session prior to the City Council meeting. Chair Tennenbaum read the PSC's Mission Statement and highlighted the Commission's major accomplishments for 2003-2004. WRITTEN COMMUNICATIONS None COUNCIL DIRECTION TO STAFF Councilmember Bogosian requested that staff be directed to look into Mr. Foley's concerns in front of the Vineyards. Director Cherbone noted that he would meet with the property owner to fix the problem. Councilmember Kline requested that Dr. Armstrong's request be agendized. Mayor Waltonsmith concurred with Councilmember Kline's request. ANNOUNCEMENTS None CEREMONIAL ITEMS None In regards to item lA, Mayor Waltonsmith explained that Ms. Benjamin would not arrive unti18:00 p.m. and requested that the item be moved until that time. Consensus of the City Council to moved item lA to 8:00 p.m. CONSENT CALENDAR 2A. Approval of City Council Minutes -Apri121, 2004 STAFF RECOMMENDATION: Approve minutes. KING/BOGOSIAN MOVED TO APPROVE CITY COUNCIL MINUTES OF APRIL 21.2004. MOTION PASSEDS-0. 2B. REVIEW OF CHECK REGISTER STAFF RECOMMENDATION: Approve check register. KING/BOGOSIAN MOVED TO APPROVE CHECK REGISTER. MOTION PASSED 5-0. 2C EXECUTION OF THE FIRST AMENDMENT TO THE AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM FOR FISCAL YEAR 2004/05 STAFF RECOMMENDATION: Authorize City Manager to execute the First Amendment to the Agency Agreement for Countywide Household Hazardous Waste Collection Program for Fiscal Year 2004/05 Councilmember Kline requested that item 2C be removed from the Consent Calendar. In regards to computer and monitor recycling, Councilmember Kline asked what the City is currently doing. Analyst Bloomquist responded that Green Valley currently picks up "E-Waste" for a fee of $30.00. Analyst Bloomquist steed that this problem is on the horizon to being solved. Analyst Bloomquist noted hat when the JPA's contract expires in 2007 "E-Waste" would be address in the contract. In regards to recycling "E-Waste", Councilmember Bogosian suggested that staff put the information on the City's website. Vice Mayor King suggested that the information be place d in the next Saratogan. KLINE/KING MOVED TO AUTHORIZE CITY MANAGER TO EXECUTE THE FIRST AMENDMENT TO THE AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM FOR FISCAL YEAR 2004/05. MOTION PASSED 5-0. 2D RESOLUTION APPOINTING EUNICE COX TO THE SANTA CLARA COUNTY COUNCIL ON AGING STAFF RECOMMENDATION: Adopt resolution. TITLE OF RESOLUTION: 04-039 KING/BOGOSIAN MOVED TO ADOPT RESOLUTION APPOINTING EUNICE COX TO THE SANTA CLARA COUNTY COUNCIL ON AGING. MOTION PASSED 5-0. 2E INDEPENDENT CONTRACTOR AGREEMENT FOR INTERIM FINANCE DIRECTOR STAFF RECOMMENDATION: Authorize City Manager to execute agreement with Pete Kolf for Interim Finance Director. KINGBOGOSIAN MOVED TO AUTHORIZE CITY MANAGER TO EXECUTE AGREEMENT WITH PETE KOLF FOR INTERIM FINANCE DIRECTOR. MOTION PASSED 5-0. 2F HIGHWAY 9 SAFETY ISSUES STAFF RECOMMENDATION: Informational only. Councilmember Kline requested that item 2F be removed from the Consent Calendar. Councilmember Kline thanked Director Cherbone for his report and requested that this type of report be place d on the regular agenda not on the Consent Calendar. A discussion took place in regards to the pedestrian activated light on Oak Street. Director Cherbone explained that it might take a long time to get an encroachment permit from Ca1Tran to install the light. Mayor Waltonsmith noted that there was one more person who would like to address the Council on a non-agendized item. Cameron Colison noted that he was present this evening to introduce a new technology to control weed maintenance. Mr. Colison noted that his technology would make Saratoga greener. Councilmember Kline suggested that Mr. Colison contact each Councilmember individually. PUBLIC HEARINGS ZONING ORDINANCE TEXT AMENDMENT THAT REGULATES THE PLACEMENT OF STANDBY OR EMERGENCY GENERATORS AND THE PLACEMENT OF HEATING, VENTILATION AND AIR CONDITIONING EQUIPMENT STAFF RECOMMENDATION: Conduct Public Hearing; Grant first reading; direct staff to place item on the Consent Calendar on June 2, 2004 for second reading and adoption. John Livingstone, Associate Planner, presented staff report. Planner Livingstone stated that staff is requesting that the placement of heating, ventilation and air conditioning equipment be dealt with at the same time. A Use permit will be required for the installation of generators. For both pieces of equipment the placement in required setbacks is prohibited by the proposed ordinance. Planner Livingstone stated that staff is requesting that the City Council conduct the public hearing, grant the first reading, and direct staff to place the item on the Consent Calendar for the June 2, 2004 agenda. A discussion took place in regards to the meaning of "yard". Council directed staff to change the word "yard" to "setbacks". Mayor Waltonsmith opened the public hearing and invited any public comments. Herb Radding thanked the City for the proposed ordinance and noted that he wasn't noticed for this hearing. Mr. Radding explained his situation in regards to his neighbor's generator. Mayor Waltonsmith closed the public hearing. BOGOSIAN/STREIT MOVED TO GRANT FIRST READING; DIRECT STAFF TO PLACE ITEM ON THE CONSENT CALENDAR ON JUNE 2, 2004 FOR SECOND READING AND ADOPTION AS AMENDED. MOTION PASSED 5-0. SPECIAL PRESENTATIONS JOANNE BENJAMIN -TRANSPORTATION POLICY AND PROGRAM MANAGER VTA-HIGH SPEED RAIL STAFF RECOMMENDATION: Informational only. Joanne Benjamin, VTA/Transportation Policy & Program Manager, thanked the Council for inviting her to speak on why the VTA was supporting the High Speed Rail draft program EIIt/EIS as it is currently written. The draft document is currently in the public comment period and that is why the Cities Association was asked to take a position on it. Mrs. Benjamin explained that the VTA supports the High Speed Rail's proposed southern alignment for the following reasons: The entry of the high-speed rail into the Bay Area is of great importance to the Santa Clara Valley. • The alignment would provide more direct and frequent service to the three lazgest urban cities in the Bay Area -San Francisco, Oakland, and San Jose. • The Southern alignment would have higher rider ship and raise revenue • Easier to build • Less costly to operate • Direct mainline service to businesses and high tech centers in Silicon Valley Mrs. Benjamin announced that on May 26, 2004 a public hearing would be held from 1:00 p.m. - 3:00 p.m. at the Isaac Newton Auditorium. Councilmember Bogosian asked how much the complete high-speed rail would cost California. Mrs. Benjamin noted that she didn't have the exact figure, but currently the High Sped Rail Authority does not have the funds and would probably go out for a bond in 2006 or 2008. Vice Mayor King asked if the City of Sunnyvale passed a resolution. Mrs. Benjamin stated that the City of Sunnyvale passed a resolution supporting the High Speed Rail but stated that they did not want to impact Henry Coe Park. Mayor Waltonsmith asked why developed corridors were not being looked at regarding the placement of the rail. Mrs. Benjamin stated that the Authority is looking at four different routes. Ron Fischler noted that he was from Los Altos and was present this evening representing Advocates for Coe Park. Mr. Fischler stated that the high-speed rail has threatened the park. Mr. Fischler requested that the City add to their resolution a clause stating that Henry Coe be protected. Marge Ottenberg noted that she represented the Sierra Club. Mrs. Ottenberg requested that the High Speed Rail Authority do not put the rail through Henry Coe Park. John Wilkerson, Sierra Club/ Loma Prieto Chapter, thanked the Council for the opportunity to speak this evening in regards to the high-speed rail. Mr. Wilkerson noted that Henry Coe Park is the 2"d largest State Park in California. Mr. Wilkerson stated that the proposed alignment through the pazk would go through State wilderness, which is prohibited. Mr. Wilkerson noted that he feels it would be an act of vandalism if the rail went through Henry Coe Park. Mr. Wilkerson requested that the City of Saratoga observe the process and not support any side because of the following reasons: • EIR is flawed and needs to be revised and recirculated • The Authority has not studied an environmentally feasible alternative • Ridership studies are questionable • Bond has been delayed until at least 2006 -there is no urgency to complete the draft EII2 • Current alignment choices create unnecessary damage Councilmember Kline stated that tonight the Council has been asked to support the southern route. Councilmember Kline noted that he supports the genera] concept of high-speed rail. Councilmember Kline stated that his preference is not to adopt a resolution tonight because the process will be going on for a few more yeazs. Councilmember Bogosian concurred with Councilmember Kline. Vice Mayor King stated that after seeing the presentation by the Rail Authority it made her excited to think that a person could get from LA to San Jose in one hour. Vice Mayor King stated that she supports adopting a resolution supporting the rail Councilmember Streit stated that since the project will be delayed ti112008 he is willing to postponed the resolution of support. Councilmember Streit stated that he would like to see more statistics on the project. Mayor Waltonsmith stated that she would like to take a stand on protection all of the state parks and nature conservatory holdings. Councilmember Kline noted that when the bond is ready to be placed on a ballot the EIR will have to be redone, it's too early to comment or make a statement on the issue. Councilmember Kline noted that he was disappointed that a representative from the Rail Authority was not present tonight. KLINEBOGOSIAN MOVED TO DIRECT STAFF TO BRING THIS ITEM BACK IN NINE MONTHS. MOTION PASSED 4-1 WITH KING OPPOSING. OLD BUSINESS 4. CONTRACT AUTHORIZATION FOR REDEVELOPMENT FEASIBILITY STUDY STAFF RECOMMENDATION: Authorize City Manager to execute contract for professional services with Rosenow Spevack Group for RDA Feasibility Study not to exceed $26,000. Danielle Surdin, Administrative Analyst, presented staff report. BOGOSIAN/KLINE MOVED TO AUTHORIZE CITY MANAGER TO EXECUTE CONTRACT FOR PROFESSIONAL SERVICES WITH ROSENOW SPEVACK GROUP FOR RDA FEASIBILITY STUDY NOT TO EXCEED $26,000. MOTION PASSED 5-0. NEW BUSINESS PRESENTATION BY CITY OF CAMPBELL STAFF REQUESTING $25,000 CONTRIBUTION TOWARDS REGIONAL DOG PARK AND PRESENTATION BY CITY OF SARATOGA STAFF CONSIDERING LOAN OF PORTABLE SKATE PARK EQUIPMENT TO CITY OF CAMPBELL PARKS DEPARTMENT STAFF RECOMMENDATION: Consider City of Campbell request fora $25,000 donation towards a Regional Dog Park located within Los Gatos Creek County Pazk; Consider loaning City of Saratoga portable skate park equipment to the City of Campbell Parks Department. Cary Bloomquist, Administrative Analyst, presented staff report. Analyst Bloomquist explained that his report was in two parts. A staff member of the City of Campbell would present the first issue. The presentation is regarding the development of a regional Dog Park. The City of Campbell is requesting that the City of Sazatoga donate $25,000 towazd the Park. The second part of the report addresses a request by the City of Campbell that the City Council consider loaning the City's portable skate park equipment. Analyst Bloomquist introduced Lisa Peterson, Senior Civil Engineer/City of Campbell. Ms. Peterson thanked the City Council for the opportunity to present the proposed Regional Dog Park. Ms. Peterson explained what a dog park was and noted that the City of Campbell would construct the park, and the County would operate and maintain the new dog pazk as part of the first phase of implementation of a Los Gatos Creek County Park Master Plan. Ms. Peterson explained the proposed rules and regulations along with a brief description ofthe benefits to the West Valley. Ms. Peterson described Phase I of the proposed Dog Park including the proposed trees, benches and play equipment for dogs. Ms. Peterson stated that the County has donated $120k, City of Campbell $130K, and the Town of Los Gatos $25k. Councilmember Bogosian asked if the park would have adequate parking. Councilmember Bogosian stated that the concept is wonderful and would like assurance from the County that parking would be free. 9 Ms. Peterson stated that currently there is a huge parking lot, including bathrooms and a picnic area. Councilmember Streit noted that the location is great and the he supports the concept except he has concerns about the City contributing to the funds. Councilmember Streit noted that the Council should discuss it during the Budget process. Vice Mayor King noted that the City should try and find the funds to donated to the project in order to give the citizen of Saratoga a place to take their dogs. Councilmember Streit asked about the timing of the project. Ms. Peterson responded that the bid process should start next Spring and construction should be completed by Summer 2005. Mayor Waltonsmith thanked Ms. Peterson for her presentation. Joan Pisani, Recreation Director, explained that the City of Campbell has a permanent, operating skate park facility with equipment provided by Ball Hitch Ramps. This is the same company the City of Saratoga used back in 2002. Director Pisani explained that the City of Campbell Community Center Staff in reference to their existing skatepazk and equipment requirements has identified a need for smaller pieces of equipment, which would help to balance out park usage. The portable equipment owned by the City of Saratoga is a perfect match to meet Campbell's needs and improve the quality of their skatepazk. Director Pisani stated that the City would benefit from this via joint programming efforts, run sepazately by each City, but promoting the usage of the facility for each community. Since Sazatoga doe not have a skate park within City limits, this is an appropriate usage of the portable equipment owned by the city, which his presently not seeing any usage. Director Pisani noted that the equipment would be on loan only, with the City of Campbell being fully liable for its usage, safekeeping and repair. Director Pisani explained that some type of usage agreement would need to be entered into with the City of Campbell if the equipment is loaned to them. Conesus of the City Council to loan the City's portable skate park equipment to the City of Campbell. 6. GRANT WRITER UTILIZATION POLICY STAFF RECOMMENDATION: Adopt Grant Writer Utilization Policy Cary Bloomquist, Administrative Analyst, presented staff report. Analyst Bloomquist that at the April 7, 2004 City Council meeting, Randall Funding and Development were selected to provide grant writing and research services for the City. 10 In an effort to efficiently utilize their services and attain the greatest benefit to the City, Council directed staff to bring back Grant Writer Utilization and Guidance Policy and a set of procedures. Analyst Bloomquist stated that the policy and procedures defines and identifies organizations eligible to utilize the services of Randall Funding and Development and provides direction to City staff regarding how to most effectively utilize their services. Consensus of the City Council to directed staff to make several changes to simplify and streamline the Grant Writer Utilization Policy & Procedures, making them easier to implement and follow. KEVIN MORAN PARK IMPROVEMENT PROJECT STAFF RECOMMENDATION: Determine type and composition of body to conduct the public input process and project development; provide direction staff regarding the types of improvements to be incorporated into the Park Project; Authorize staff to solicit proposals for professional services for the purpose of updating the Kevin Moran Pazk Master Plan and subsequent construction documents. John Cherbone, Public Works Director, presented staff report. Director Cherbone explained that Kevin Moran Park is the City's second largest pazk with an area of 14.3 acres. Kevin Moran Park is also the City's largest Community Park designated as such in the adopted Parks and Trails Master Plan. Director Cherbone noted that in 1970 a Pazk Master Plan was developed for Kevin Moran and subsequently 10.3 acres of the available 14.3 acres were improved. At the time the City did not have enough funds to improve the entire park, which left two unimproved areas that sandwich the improved azea. The largest of the two unimproved areas has a size of approximately 3 acres and the smaller azea has a size approximately 1 acre. Director Cherbone explained what the original park improvements were and noted the improvements made over the past few years. Director Cherbone noted that in 2001 Kevin Moran Park was added to the newly created five yeaz CIP as an unfunded project. Late last year the City was notified by the State that funds in the amount of $302,454 would be available to the City for park projects via the 2002 Pazk Bond Act. These funds along with $97,546 in general funds were appropriated by the City Council during FY 03-04 CIP Update, which provided the Kevin Moran Park Improvement Project a total budget of $400,000. Director Cherbone explained that the first step in the Kevin Moran Park Improvement Project is to update the Master Plan via public input. Director Cherbone explained the public input process noting that staff recommends that a Task Force be formed consisting of City Councilmembers and key project stakeholders. 11 Director Cherbone noted that the construction of the park could begin in the summer of 2005. KINGBOGOSIAN MOVED TO AUTHORIZE STAFF TO SOLICIT PROPOSALS FOR PROFESSIONAL SERVICES FOR THE PURPOSE OF UPDATING THE KEVIN MORAN PARK MASTER PLAN AND SUBSEQUENT CONSTRUCTION DOCUMENTS. MOTION PASSED 5-0. 8. COMMUNITY -WIDE EMERGENCY PREPAREDNESS PLAN STAFF RECOMMENDATION: Accept report and direct staff accordingly. Councilmember Bogosian requested that the Council continue this item to a future meeting. Consensus of the City Council to place this item on a future agenda. 9. SARATOGA COMMISSION WORK PLANS FOR FISCAL YEAR 2004- 2005 STAFF RECOMMENDATION: Accept report and approve Commission work plans for FY 04-05. Lorie Tinfow, Assistant City Manager, presented staff report. Assistant City Manager Tinfow state that on January 24, 2004 City Council held their Annual Council Retreat. One of the agenda items for discussion was review of the "AdHoc-Commissions-Community Participation Model". After significant discussion among the Council, staff was directed to work with the various City Commission to generate a work plan for each that describes their planned goals and activities, and any budgetary expenses they might incur throughout the coming fiscal year. Assistant City Manager Tinfow explained the intent of the work plans and stated that Council is being asked to: Review the individual planned activities and provide direction to the Commission about any needed changes to their planned activities • Support staff in their ability for support Commission activities • Consider approval of additional funds (if any) needed to accomplish the planned activities Assistant City Manager Tinfow stated that a total of $9,505 is already budgeted to cover incidental Commission expenses such as training, meeting/retreat costs, dues and memberships, and office supplies. The total additional funding requested by the Commissions is $52,157 for FY 2004-05. Consensus of the City Council to bring this item back as a Study Session item. 3 12 AGENCY ASSIGNMENTS Mayor Waltonsmith reported the following information: - Sazatoga Historic Foundation - held a joint event with the City on May 18, 2004. Presentation by the Muwekma Ohlone Tribe was excellent and well attended. . Sister City Liaison -reminded that Council that the exchange students from Muko, Japan would be in Saratoga in August. Vice Mayor King reported the following information: Chamber of Commerce - Lorie Tinfow and Danielle Surdin attended the last meeting and gave a presentation on the proposed RDA. Councilmember Bogosian had no reportable interest. Councilmember Kline reported the following information: Library Joint Powers Association -reviewing proposed cuts to the hours of operations of the libraries. Also, discussion on if and when another bond might be placed on another ballot. Councilmember Streit reported the following information: West Valley Sanitation District -continued discussions regazding the Town of Los Gatos relinquishing their entire sewer system over to the District, this will save the Town $300k per year. CITY COUNCIL ITEMS Councilmember Kline commended Director Cherbone on the flagpole in Blaney Plaza. Referring to the latest edition of the "Valley" magazine, Councilmember Kline pointed out that Saratoga was feature in it. OTHER City Attomey Taylor noted that the Supreme Court denied Mr. Heinz request to review his case. City Attorney Taylor announced that the case is now officially closed. CITY MANAGER'S REPORT None ADJOURNMENT There being no further business Mayor Waltonsmith adjourned the meeting at 11:10 p.m. Respectfully submitted, Cathleen Boyer, CMC City Clerk 13 SARATOtUA CITY COUNCIL MEETING DATE: July 7, 2004 ORIGINATING DEPT: City Manager's Office PREPARED BY. Cathleen Bqy City Clerk AGENDA ITEM: ~~ CITY MANAGER ~~--e-- DEPT HEAD: SUBJIiaCT: City Council Minutes RECOMMENDED ACTION: Approve minutes. REPORT SUMMARY: Approve minutes as submitted for the following City Council A4eeting; Regular Meeting -June 16, 2004 FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: Retain minutes for legislative history. ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: Attaclu~ent A -Minutes June 16, 2004 MINUTES SARATOGA CITY COUNCIL JUNE 16, 2004 The City Council of the City of Saratoga met in Closed Session, Administrative Conference Room, 13777 Fruitvale Avenue at 5:00 p.m. Conference With Leeal Counsel -Initiation of Litigation (Gov't Code Section 54956.9(c): (3 potential cases) Conference With Labor Neeotiators (Gov't Code 54957.6): Agency designated representatives: Lorie Tinfow, Assistant City Manager & John Cherbone, Public Works Director Employee organization: SEA Conference With Labor Neeotiators (Gov't Code 54957.6): Agency designated representatives: Lorie Tinfow, Assistant City Manager & Tom Sullivan, Community Development Director Employee organization: Non SEA Members Conference With Labor Neeotiators (Gov't Code 54957.6): Agency designated representative: Dave Anderson, City Manager Employee organization: SMO The City Council of the City of Saratoga held a Joint Session with the Friend of the Saratoga Libraries in the Administrative Conference Room, 13777 Fruitvale Avenue, at 5:30 p.m. Mayor Waltonsmith welcomed the Friends of the Saratoga Libraries. The following members of the Friends were present: President Virginia Parker, Bill McDonnell, Tom Blaisdell, Shazon Pierce, Sarah Model, Judy Johnston, Brenda Yamasaka. President Parker stated that the Friends of the Saratoga Libraries purpose was to support the Saratoga Librazy with things outside their budget. President Parker highlighted a few accomplishments of the Friends this past year: • Held more day and evening meetings in order to expand their audience. Some meetings featured special guest speakers. Do more outreach to the community. Friends held a luncheon for the volunteers who volunteered at the local school libraries. A book in each volunteers name was donated to the Sazatoga Library. • Held a Holiday Party at the Book-Go-Round • Produced four newsletters Membership numbers up President Parker explained that 2/3 of the Friends income comes from sales from the Book-Go-Round. President Parker noted that the Friends gave the Library over $150k in grants last yeaz towards books, check out machines, children's programs and rubber bumpers for the book carts. On behalf of the Library JPA, Councilmember Kline thanked the Friends for their hazd work and dedication to the Saratoga Librazy. Commenting on the bond that was passed a few years ago to renovate the librazy, Councilmember Bogosian stated that the Friends should take the credit for the bond passing and noted that the Friends aze stronger now than ever. A discussion took place on how to donate used books to the Friends and how to become a member. Bill McDonnell thanked the Council for their recent approval to spend bond money to upgrade the security at the ]ibrazy. A discussion took place regazding the mud being tracked into the library. The Friends explained that students from Redwood Middle School walk through the Heritage C7chazd and drag mud through the Library, which is ruining the carpet. The Friends stated that some students take their shoes off and wash them in the bathroom sinks. Mayor Waltonsmith thanked the Friends for attending tonight's joint meeting. The City Council adjoined to open Session at 6:20 p.m. to interview candidates for the vacancies on the Pazks & Recreation and Public Safety Commissions. MAYOR'S REPORT ON CLOSED SESSION - 7:00 p.m. Mayor Waltonsmith reported there was Council discussion but no action was taken. Mayor Waltonsmith called the Regular City Council meeting to order at 7:00 p.m. and lead the Pledge of Allegiance. ROLL CALL PRESENT: Councilmembers Stan Bogosian, Norman Kline, Nick Streit, Vice Mayor Kathleen King, Mayor Ann Waltonsmith ABSENT: None ALSO PRESENT: Dave Anderson, City Manager Lorie Tinfow, Assistant City Manager Richard Taylor, City Attorney Cathleen Boyer, City Clerk Peter Kolf, Interim Finance Director Tom Sullivan, Community Development Director John Cherbone, Public Works Director Cary Bloomquist, Administrative Analyst 2 REPORT OF CITY CLERK ON POSTING OF AGENDA FOR JUNE 16 2004 Cathleen Boyer, City Clerk, reported that pursuant to Government Code Section 54954.2, _ the agenda for the meeting of June 16, 2004 was properly posted on Junel 1, 2004. COMMUNICATIONS FORM COMMISSIONS & PUBLIC ORAL COMMUNICATIONS The following person requested to speak at tonight's meeting: Jill Hunter stated that Saratoga is a beautiful city and is concerned regarding the slow destruction of the Village. Pointing out the five historic buildings that have recently been sold in the Village, Mrs. Hunter requested that the City not allow the new owners teaz down the buildings. COMMUNICATIONS FROM COMMISSIONS Virginia Parker, President/Friends of the Sazatoga Libraries, stated that eazlier this evening the Friend's of the Sazatoga Libraries meet with the City Council. President Parker pointed out highlights from the meeting. Report from the West Valley College AdHoc Committee: Councilmember Bogosian noted that due to a conflict of interest he would abstain from this discussion. Councihnember Bogosian stepped down from the dais. Mayor Waltonsmith explained that the issue of a football stadium at West Valley College has been a controversy in the community for over 35 years. This issue has been the subject of legislation, court cases, and political maneuvering. Most recently in 1996 the City and the College went to court over an issue of whether the College could exempt the stadium from City regulation. Ultimately, the Court of Appeals ruled in favor of the City and the California Supreme Court declined the District's request to review the case. Mayor Waltonsmith stated that towards the end of the litigation the West Valley Mission College District hired Chancellor Arterberry. He pledged to work towazds resolving the issue so that all parties could move forward. In 2003, three-party talks were initiated between the College, the City and the neighbors. These initial talks did not result in an agreement but were constructive in that they helped the participants to know one another better and to understand each other's perspectives. Over the last three months the three- partytalks were re-instituted with an eye towards codifying the results of the discussions in a contract that would be signed by all three parties that would lay out a final resolution on this issue. Mayor Waltonsmith noted that a conceptual agreement was negotiated by all parties and is before the Council tonight for consideration. If Council approves this document, the City Attorney will work with the attorney of the College District to formulate the final three-party agreement. Councilmember Streit explained that the most significant elements of this conceptual agreement as follows: - The District will comply with the City's code and use permit requirements governing use of the football/track facility and will limit the use of the facility by outside groups (only K-12 school ornon-profit youth groups will be allowed). - The District will not challenge the legality or enforcement of the City's code with respect to the footbalUtrack facility or initiate or implement any action that would permit construction of an athletic stadium on the West Valley College campus. - The City will recognize the current uses of existing athletic fields and the District swimming pool as legal non-conforming uses not subject to the code's restrictions on matters such as seating and amplified sound. This applies only to existing uses of existing facilities. Any new or expanded uses would be subject to the code. For atwo-year period the City will use its enforcement discretion in a way that allows the District to use portable hand held amplified sound equipment at two specified track events each yeaz. - The neighbors will create a formal neighborhood organization with legal status allowing the organization to be a party to the agreement. - The agreement will be for 30 years and will provide that it maybe amended by agreement of all three parties. The agreement will include provisions to make it enforceable by and against any of the three parties. Stan Arterberry, Chancellor, thanked City Manager Anderson for his leadership and vision Mr. Arterben-y noted that without City Manager Anderson this agreement would not exist. Mr. Arteberry stated that the College recently hired a new President and would be bringing him to the August City Council meeting for a formal introduction. Mr. Arterberry noted that this agreement has brought closure to a long time issue. Jack Lucas, President Boazd of tmstees, noted that he completely supports the proposed agreement. Cynthia Barry, West Valley College AdHoc member, noted that the other two neighborhood representatives, Evan Baker and Vic Monia, were unable to be preset this evening. Mrs. Barry thanked City Manager Anderson, Vice Mayor King and Councilmember Streit for their participation on the AdHoc. Mrs. Barry noted that all parties compromised something. Mrs. Barry noted that the attorneys would figure out the enforceability issues. KLINE/KING MOVED TO ACCEPT CONCEPTUAL AGREEMENT AND DIRECT CITY ATTORNEY TO WORK WITH WEST VALLEY COLLEGE'S ATTORNEY TO DEVELOP A FINAL AGREEMENT. MOTION PASSED 4-0-1 WITH BOGOSIAN ABSTAINING. WRITTEN COMMUNICATIONS None COUNCIL DIRECTION TO STAFF Referring to Mrs. Hunter's comments. Councilmember Kline suggested that she attend the Village AdHoc meetings. Referring to the joint meeting with the Friends of the Sazatoga Libraries, Councilmember Kline requested that the issues regarding the trail through the Orchard be agendized for the next meeting. Assistant City Manager Tinfow noted that an AdHoc Committee is scheduled to meet next week. The AdHoc consists of two Library Commission members, two Heritage Preservation Commission members, Councilmember Kline, Public Works Director John Cherbone, Library Director Dolly Barnes, and Matt Novakovich. Councilmember Kline asked if the AdHoc was formally approved. Assistant City Manager Tinfow responded that there was no formal action to set this - committee up. Mayor Waltonsmith stated that she directed staff to move forward with the committee in order to expedite the process. Councilmember Kline asked that this item be agendized on a future agenda. Councilmember Bogosian concurred with Councilmember Kline's request. ANNOUNCEMENTS Mayor Waltonsmith announced that the City of Saratoga would like to invite the community to participate in the collection of signatures and well wishes for a special Condolence Book to be bound and sent to the Reagan Library. The "Signature Page" would be available in the City Council's Office during normal City Hall hours. Mayor Waltonsmith noted that on June 19, 2004 a Grand Opening celebration would be held at Wildwood Park. CEREMONIAL ITEMS None SPECIAL PRESENTATIONS None CONSENT CALENDAR lA. APPROVAL OF CITY COUNCIL MINUTES -MAY 5, 2004 STAFF RECOMMENDATION: Approve minutes. STREIT/KLINE MOVED TO APPROVE CITY COUNCIL MINUTES FROM MAY 5, 2004. MOTION PASSED 4-0-1 WITH WALTONSMITH ABSTAINING. 1B. APPROVAL OF CITY COUNCIL MINUTES -JUNE 2, 2004 STAFF RECOMMENDATION: Approve minutes. STREIT/KLINE MOVED TO APPROVE CITY COUNCIL MINUTES FROM JUNE 2, 2004. MOTION PASSED 4-0-1 WITH BOGOSIAN ABSTAINING. 1C. APPROVAL OF CITY COUNCIL MINUTES -NNE 9, 2004 STAFF RECOMMENDATION: Approve minutes. STREIT/KLINE MOVED TO APPROVE CITY COUNCIL MINUTES FROM JUNE 9, 2004. MOTION PASSED 4-0-1 WITH BOGOSIAN ABSTAINING. 1D. REVIEW OF CHECK REGISTER STAFF RECOMMENDATION: Approve check register. STREIT /KLINE MOVED TO APPROVE CHECK REGISTER. MOTION PASSED 5-0. lE. CONGRESS SPRINGS PARK VERTICAL BYPASS DRAINAGE PROJECT -AWARD OF CONTRACT STAFF RECOMMENDATION: Award contract. STREIT/KLINE MOVED TO AWARD CONTRACT TO COLONY LANDSCAPE & MAINTENANCE INC F OR THE CONGRESS SPRINGS PARK VERTICAL BYPASS DRAINAGE PROJECT. MOTION PASSED 5- 0. 1F. SARATOGA MANAGEMENT ORGANIZATION MEMORANDUM OF UNDERSTANDING STAFF RECOMMENDATION: Adopt resolution approving the Memorandum of Understanding and authorize City Manager to execute. TITLE OF RESOLUTION: 85.9-137 Councilmember Kline requested that item 1F be removed from the Consent Calendar. Councilmember Kline noted that staff would like to clarify a change in the agreement. Assistant City Manager Tinfow stated that reference to the wok furlough was added to the last page. KING/STREIT MOVED TO ADOPT RESOLUTION APPROVING THE MEMORANDUM OF UNDERSTANDING FOR THE SARATOGA MANAGEMENT ASSOCIATION. MOTION ASSED 5-0. 1 G. SARATOGA EMPLOYEE ASSOCIATION MEMORANDUM OF UNDERSTANDING - STAFF RECOMMENDATION: Adopt resolution approving the Memorandum of Understanding and authorize City Manager to execute., TITLE OF RESOLUTION: 85.9-136 Councihnember Kline requested that item 1G be removed from the Consent Calendar. Councilmember Kline noted that staff would like to clarify a change in the agreement. Assistant City Manager Tinfow stated that the version of the SEA MOU agreement in the staff report was a draft. Assistant City Manager Tinfow explained that over the last couple of days she has received input from the Human Resource Department, SEA, and the City Attorney. Councilmember Kline stated that the City Council reviewed all the detailed changes in Closed Session. KLINE KING MOVED TO ADOPT RESOLUTION APPROVING THE MEMORANDUM OF UNDERSTANDING FOR THE SARATOGA EMPLOYEE ASSOCIATION. MOTION ASSED 5-0. 1H. RESOLUTION AMENDING COUNCIL AGENCY ASSIGNMENT STAFF RECOMMENDATION: Adopt resolution. TITLE OF RESOLUTION: 04-053 Councilmember Kline requested that item 1H be removed from the Consent Calendar. Councilmember Kline stated that he would be the alternate on the Silicon Valley Animal Control Authority. KLINE/STREIT MOVED TO ADOPT RESOLUTION AMENDING CITY COUNCIL ASSIGNMENTS AS AMENDED. MOTION PASSED 5-0. PUBLIC HEARINGS 2. FISCAL YEAR 2004-OS OPERATING BUDGET STAFF RECOMMENDATION: Adopt resolutions that Establishes the FY 2004-OS Appropriation Limit, Establishes Expenditure Appropriations, Approving the Operating Budget and Establishes the FY 2004-OS Schedule of Fees. TITLE OF RESOLUTION: 04-050, 051, 052 Dave Anderson, City Manager, presented staff report City Manager Anderson stated that the budget would be presented in three parts: 2004-OS Budget Situation, Structural Revenue Problems, and Unfunded Infrastructure & Facility Needs. City Manager Anderson briefly explained that budget situation for FY 04-OS noting that the General Fund revenues should increase by $496,388 over last year, mostly through increased VLF generated by the increased car sales. City Manager Anderson stated that sales tax and transit occupancy tax are flat. City Manager Anderson stated that a substantial threat t the City's General Fund sources of revenue continues to be the uncertainty associated with possible actions at the State level. The State took more that $576,000 of VLF revenue from the City in FY03-04 and expects to borrow from the City an additional $319,381 in property tax in each of the next two fiscal years. The Governor's promised payback of borrowed property tax in 200506 has not been approved by the State legislature nor has the State's budget been finalized. City Manager Anderson noted that while expenditures have been reduced; the budget this year included a net $350,000 increase in the Sheriff s Office contract for costs beyond the City's control. In addition to the Sheriff's contract increase, the City received significant increases in costs for employee benefits. City Manager Anderson explained the budget cuts from the past few years: • Fiscal Year 2002-2003, more than $734,500 was cut from the existing budget. Fiscal Year 2003-2004, the budget was reduced by $1,320,560 • Fiscal Year 2004-2005, the previous cuts continued and new reductions were implemented. Expenditures reduced by more than $1,037,000 City Manager Anderson discussed the structural revenue problems. City Manager Anderson stated tat the City of Sazatoga's primary source of revenue is property tax. As a whole the City generates approximately $69 million, but because the City's low/no property tax designation and the effects of Proposition 13, the City receives only a small fraction. City Manager Anderson stated that while the valuation of homes continues upward, that valuation does not translate into dollazs until there is a sale of property and the selling price becomes the basis for the next taxable assessments. City Manager Anderson stated that declining revenues have been a steady problem since the early 1990's when the State acted to shift approximately $695,000 per yeaz from City property tax revenue to support the schools (also known as "ERAF shift"). City Manager Anderson stated that a total conservative estimate of cumulative loss for the period of 1992-2006 in the City is $17,514,762. City Manager Anderson explained the unfunded infrastructure and facility needs. City Manager Anderson stated that the annual shortfall and a backlog of deferred infrastructure and facility maintenance totals $18 million. In conclusion, City Manager Anderson stated that since incorporation in 1956, the City has been a minimum service city with low tax rates. The conflict between the resulting low revenues and the ever-increasing costs presents a significant challenge to provide the high level municipal services expected by the residents and businesses. Peter Kolf, Interim Finance Director, briefly explained the General Fund Balance, the City's reserves, budget adjustments for Fiscal Yeaz 2004-2005, and the reconciliation of the General Fund balance. . Mayor Waltonsmith opened the public hearing and invited public comments. Dick Allen, Chair/Finance Commission, noted that last night the Finance Commission reviewed the budget and anonymously made the following motion: "The Finance Commission believes that the current needs of the city -particularly in street and building maintenance -are underfunded by more than $2 million in the proposed budget. We recognize that certain structural deficiency issues exist; issues that cannot be solved tonight or in this budget. Furthermore, we believe that the work done by City Staff and the City Council is both professional and _ responsible and is the best that can be accomplished under the circumstances. We recognize that passage of a budget is mandatory, and therefore recommend passing the budget as proposed this evening. In addition we strongly recommend that the structural problems be addressed urgently. We believe that if these problems are not addressed, the quality of life and the property values in our city will deteriorate." David Mighdoll noted that he reviewed the proposed budget and doesn't agree that it is balanced budget. Mr. Mighdoll stated that after his review if the budget he found a $288k deficit in the General Fund. Mr. Mighdoll requested that the Council balance the budget before they approve it this evening. Peter Knight requested a list of approved C1P projects and a list of projects that were not approved and funded. Marjory Bunyard stated that she has lived in Saratoga for 33 years. Mrs. Bunyard stated that the streets in the City are in temble condition. Mrs. Bunyard urged the Council to find a way to generate revenue into the City. Mrs. Bunyard requested that the City Council inform the citizens what need to be done and how much it will cost. Mayor Waltonsmith closed the public hearing Councilmember Streit stated that this yeaz the City has made more cuts than past years. Councilmember Streit stated that the City laid off two employees and the employees associations recently signed a 2-year contract with no merit and only a 2% increases in each of the two years. Councilmember Streit noted that he supports the proposed budget. Councihmember Bogosian noted that this was his 8`h budget since he's been on the Council and this year has been the hardest. Councilmember Bogosian stated that in his 8 years on the City Council this was the fist time citizens have come to the meeting to speak on the budget. Councilmember Bogosian stated that he has mixed feeling regarding the proposed budget, but will support it. Councilmember Bogosian stated that he feels the budget is balanced with short-term fixes and that the Council has not looked at the management at City Hall. Councilmember Bogosian stated that mid level employees were laid off and the Council did not even look at high-end employees. Councilmember Bogosian stated that the CII' should be revisited and the North Campus should be opened up for public discussion. Councilmember Bogosian noted that he would support a revenue measure but not an unspecified WT. Councilmember Kline thanked the residents for attending the meeting and noted that the budget is acceptable. Vice Mayor King that the State takes 11% of the $8.7 million dollars in property taxes from the City. Vice Mayor King stated that the City has had an 8% reduction in employees over the last 4 years. In regards to the North Campus, Vice Mayor King stated the property value has gone up in 50% it was bought. Vice Mayor King stated that she supports the proposed budget. 10 Mayor Waltonsmith stated that over the last 51/2 yeazs since she has been on the Council the budget shortfalls aze increasing. Mayor Waltonsmith stated that she supports a UUT. Mayor Waltonsmith stated that a UUT is the only tax the State cannot take away from the City. Mayor Waltonsmith stated that she supports the proposed budget. STREIT/KLINE MOVED TO ADOPT RESOLUTIONS THAT ESTABLISHES THE FY 2004-OS APPROPRIATION LIMIT, ESTABLISHES EXPENDITURE APPROPRIATIONS APPROVING THE OPERATING BUDGET AND ESTABLISHES THE FY 2004-OS SCHEDULE OF FEES. MOTION PASSES 5-0. OLD BUSINESS None Mayor Waltonsmith noted that Councilmember Kline would not be present for the rest of the meeting. NEW B__ US_ INESS 3. MARSHALL LANE SCHOOL TRAFFIC SAFETY IMPROVEMENTS STAFF RECOMMENDATION: Accept report and direct staff accordingly. Councilmember Streit noted that due to a conflict of interest he would abstain from this discussion. Councilmember Streit stepped down from the dais. John Cherbone, Public Works Director, presented staff report. Director Cherbone explained that for more than two yeazs the City has been working with the Campbell Unified School District to improve traffic safety and vehicular flow around Marshall Lane School. With the District's recent passage of a school improvement bond and the City Council's approval of the Sobey Road/Quito Road Traffic Improvement Project sufficient funding is now available to perform the desired work. Director Cherbone stated that the main goal of the project is to increase safety for school children being dripped off and picked up from school. Director Cherbone thanked Dale Thurston, Assistant Superintendent for the Campbell Unified School District, who has diligently worked with the City on these issues. Director Cherbone explained the main elements of the project which include an internal loop road and student drop-off/pick-up area, pedestrian pathways on Sobey Road and Marshall Lane, right turn lane improvements at the Quito Road/Pollazd Road intersection, and left turn lane improvements at the Quito Road/Nlarshall Lane intersection. 11 Director Cherbone noted that all work to be performed on school property will be funded and administered by the Campbell Union School District and conversely all work to be performed within the City's right-of--ways will be funded and administered by the City. Director Cherbone noted that a community meeting was noticed and held at on Apri16 at the school to explain the proposed plan to the neighborhood and to parents of students who attend Marshall Lane School. Director Cherbone stated that a notice of tonight's meeting was mailed out to the same azea residents as was the April 6 Community Meeting. Dale Thurston, Assistant SuperintendenUCUSD, thanked the City and staff for working with the District and coming up with up with great solution. Rosemary Woodward noted that she has lived in this neighborhood for the past 50 years and is well aware of the changes that have happened over the years. Mrs. Woodward noted that she attend to meeting held at the school and commended the efforts of all parties involved. Mrs. Woodward stated that she is not sure that the proposed changes will help the current situation. Gene Bemald asked if the City would review the area in a few months and asked if the City would hold more public meetings. Mayor Waltonsmith responded that the Public Safety Commission would review the area on a regular basis. In regards to the pedestrian access gate, Mr. Bernald asked if it would be closed off. Director Cherbone responded that the gate would remain closed and a new internal pathway would be installed across from Evans Lane. Wayne Levenfeld stated that he supports the proposed plan. Mazk Publicover stated that he has lived in this azea for the last 8 years. Mr. Publicover stated that he supports the proposed plan. Radu Barson noted that he has lived in this neighborhood for the past 8 yeazs. Mr. Barson noted that conceptual the plan makes sense. Councilmember Bogosian asked if there would be enough room to accommodate cazs on the school property and won't back up on Sobey Road. Director Cherbone responded that he does not think cazs are going to be problem on Sobey Road. Consensus of the City Council to direct staff to proceed with Marsha]] Lane traffic improvements. 12 4. RELOCATE THE CITY'S HISTORIC FIRE BELL STAFF RECOMMENDATION: Approve the relocation of the fire bell from Oak Street to the new Fire District headquarters building. John Livingstone, Associate Planner, presented staff report. Planner Livingstone explained that the background. Planner Livingstone noted that the in 1987 the Saratoga Fireman's Social Organization gave the bell to the City. As required by the resolution the City is responsible for all costs of moving, installation, and maintenance. Planner Livingstone noted that at the June Heritage Preservation Commission meeting the HPC recommend to the City Council that the fire bell be moved from its current location to the new fire district headquarters plaza. Planner Livingstone noted that it would be approximately $5,000 to move the bell. City Manager Anderson noted that the cost might be able to be included in the Sazatoga-Sunnyvale Signalization Project. Gordon Duncan, Chief/SFPD, noted that he did present the design for the placement of the bell to the Heritage Preservation Commission and will not hinder the line of sight from the corner of Sazatoga-Sunnyvale Road and Highway 9. Chief Duncan noted that the District would help supplement the costs if the City is - short. STREIT/KING MOVED TO APPROVE THE RELOCATION OF THE FIRE BELL FROM OAK STREET TO THE NEW FIRE DISTRICT HEADQUARTERS BUILDING. MOTION PASSED 4-0-1 WITH KLINE ABSENT. 5. HISTORIC PRESERVATION COMMISSION WORK PROGRAM ITEM TO PLACE FIVE CITY OWNED PROPERTIES ON THE STATE HISTORIC REGISTER STAFF RECOMMENDATION: Direct the Heritage Preservation Commission to submit applications for four City owned properties, the McWilliams House, Warner Hutton House, Original Sazatoga Library (Book-Go-Round), and the City Museum, to be placed on the National Register of Historic Places. John Livingstone, Associate Planner, presented staff report. Planner Livingstone stated that at a joint meeting with the Heritage Preservation Commission (HPC) the City Council requested that the HPC submit applications for the California Register of Historic Resources for the four City owned - properties: McWilliams House, Warner Hutton House, Book-Go-Round, City Museum. 13 Planner Livingstone explained that the reason for the request was to further recognize and preserve the structures for future generations and to increase the probability of obtaining grant money for the care and restoration of the restoration of the structures. Planner Livingstone pointed out that while reseazching the request to place the properties on the Register the HPC discovered that Hakone Gardens was already on the California Register of Historic Resources. Planner Livingstone stated that the Book-Go-Round building is the only building in its original locations. Planner Livingstone stated that in a document from the State Office of Historic Preservation, the relocation of historic buildings is discouraged. Also, the Stated discourages placing several historic structures together in an artificial historic park like setting. Planner Livingstone noted that at the June HPC meeting the Commissioners expressed their desire to work on the application themselves. The Commission felt it could be accomplished within asix-month time frame depending on the Commission work]oad. The HPC also recommend making the applications to the National Register instead of just the State. Direct the Heritage Preservation Commission to submit applications for four City owned properties, the McWilliams House, Warner Hutton House, Original Saratoga Library (Book-Go-Round), and the City Museum, to be placed on the National Register of Historic Places. COMMUNITY WIDE EMERGENCY PREPAREDNESS PLAN STAFF RECOMMENDATION: Accept report and direct staff accordingly. Lorie Tinfow, Assistant City Manager, presented staff report. Assistant City Manager Tinfow explained that at the conclusion of staff s presentation of the new Emergency Plan in Mazch, Councilmember Bogosian commented that the City should be doing more and offered to put together a strategy for consideration by the Council Councilmember Bogosian noted that the report consist of things that are currently being done and things that should be done. Mayor Waltonsmith asked if Councilmember Bogosian's report went before the Public Safety Commission. Assistant City Manager Tinfow responded no. Councilmember Streit commended Councilmember Bogosian on his report. Councilmember Streit noted that the Fire Department and the Sheriff s Office - might have plans written already regarding safe shelters at the schools. 14 Consensus of the City Council to direct the Public Safety Commission to review the report and contact the City's Grant Writer to investigate any grants for emergency prepazedness. FEE WAIVER POLICY STAFF RECOMMENDATION: Accept report and direct staff accordingly. Cathleen Boyer, City Clerk, presented staff report. City Clerk Boyer stated that at the June 2, 2004 City Council meeting staff was directed to develop a policy regazding request for fee waivers. City Clerk Boyer stated that s several times throughout the year community groups approach the City Council to request a fee waiver. For example, the City Council recently granted a fee waiver of $450 to the Saratoga Rotary for their "Building Bridges" event to be held in October 2004. In 2001 the Council granted fee waiver of the $200 fee for Saratoga Area Senior Coordinating Council Annual Community Auction Fundraiser held in the parking lot. Other groups for which Council has waived the fees include, the Sazatoga Community Band, Friends of the Saratoga Libraries, and the Sazatoga Taiko Drummers. City Clerk Boyer stated that regular user groups use City facilities at no chazge such as Elected State and Federal Official, League of Women Voters, SASCC Sazatoga Sister City. City Clerk Boyer added that currently nonprofits such as Boy Scouts and Eastfield Ming Quong and city employees are given a 50% discount on use fees. Mayor Waltonsmith asked how many fee waivers the City grants throughout the yeaz. Joan Pisani, Recreation Director, responded that the fee waivers that the Council has approved in the past have always been done on an individual basis. Genie Dee, Executive Director of Saratoga Area Senior Coordinating Council (SASCC) explained that SASCC needs to maximize their membership in order to support the programs. Executive Director Dee noted that there isn't enough facility space for recreation programs and senior programs. Executive Director Dee requested that the Council waive the use fees for SASCC to use the North Campus. Consensus of the City Council to continue to grant fee waivers on an individual basis. 15 AGENCY ASSIGNMENTS Mayor Waltonsmith reported the following information: Santa Clara Countv Cities Association -recent Bocce Ball Tournament -Monte Sereno won. Vice Mayor King reported the following information: SASCC Liaison -recently installed a new Board of Directors. Councilmember Bogosian reported the following information: KSAR Community Access TV Board -Director Carolyn De Los Santos recently resigned. Board is focusing on fundraising. Councilmember Streit reported the following information: West Valley Sanitation District -Approved the FY 04-OS Budget. CITY COUNCIL ITEMS Vice Mayor King noted that Councilmember Kline concurred with her that a discussion regarding one citywide celebration need to be agendized. Councilmember Bogosian announced that on June 24, 2004 at the Saratoga Library the Good Govermnent Group would be holding a public forum on "Consider Yourself a Candidate" for the upcoming November election. OTHER None CITY MANAGER'S REPORT None ADJOURNMENT There being no further business, Mayor Waltonsmith adjourned the meeting at 10:35 p.m. Respectfully submitted, Cathleen Boyer, CMC City Clerk 16 SARATOGA CITY COUNCIL MEETING DATE: July 7, 2004 AGENDA ITEM: ~ ~' ORIGINATING DEPT: Administrative Services CITY MANAGER: ~~ G~'- PREPARED BY: Jaye Tkach~T DEPT HEAD: ~' SUBJECT: Check Registers: 6/17/04 & 6/30/04 RECOMMENDED ACTION(S): Approve the Check Registers. REPORT SUMMARY: Attached are the Check Registers. FISCAL IMPACTS: None CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): None ALTERNATIVE ACTION(S): None FOLLOW UP ACTION(S): None ADVERTISING, NOTICING AND PUBLIC CONTACT: None ATTACHMENTS: Check Register Certifications. Fun Date Manual Void Total 6/16/2004 Checks Checks AP CHECKS A96663-96790 1 GENERAL 317,994.67 1,293.20 (1,500.00) 100 COPS-SLESF 110 Traffic Safety 551.60 150 Streets & Roads 12,183.09 180 LLA Districts 575.00 250 Dev Services 26,765.44 50.00 260 Environmental 48,476.56 270 Housing & Comm 5,697.24 290 Recreation 4,801.27 291 Teen Services 31.50 1,074.30 292 Facility Ops 2,195.00 12,031.48 293 Theatre Surcharge 310 Park Develpmt 320 Library Expansion 351 Public Safety 352 Infrastructure 87,018.92 353 Facility 354 Park and Trail 2,775.49 1,496.64 400 Library Debt 1,961.00 420 Leonard Creek 720 Cable N F 740 PD #3 800 Deposit Agency 1,869.04 c~~r.r.,r~i 512.895.82 15,945.62 (1,500.00) PAYROLL CHECKS: 629972-29997 TOTAL Prepared by: -7-{ Date: l l~ ~~a~f~0 ~ ~. Apr-99 .. w w w N w U p a Z i o m m N b N N ° n m r c a o ut . i i . in ut ° o ('('(' yyy~~~ F r r in n r .o n m r N N m a ] q O i m m .~ N N N N N N N m m m N P m N ~n m p r r N £ W K i m n a m a .1 x w s w i .w. u . 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W wd a m u a 0 D o n n >z o u w o m sz u F F m u ~d m F E u u zX m a Fund Name Date Manual vola i oral 6/30/2004 Checks Checks AP CHECKS A96791-96909 1 GENERAL 50,288.99 4,988.10 (773.61) 100 COPS-SLESF 110 150 Traffic Safety Streets & Roads 26,396.62 48.57 (48.57) 180 LLA Districts 11,156.56 250 Dev Services 13,596.28 260 Environmental 303.26 27p Housing & Comm 2,750.00 290 Recreation 11,765.64 291 Teen Services 1,705.14 288.00) 2g2 Facility Ops 1,095.00 293 Theatre Surcharge 310 Park Develpmt 320 Library Expansion 3,500.00 351 Public Safety 47,493.41 352 Infrastructure 12,751.23 353 Facility 354 Park and Trail 6,975.53 400 Library Debt 420 Leonard Creek 720 Cable TV 740 PD #3 800 Deposit Agency 63.78 Subtotal 189,841.44 5,036.67 (1,110.18) PAYROLL CHECKS: 629998-30037 TOTAL Prepared by: Date: TlGa~c~, ~/a%s~ Apr-99 ~ q o 0 µ~ 0 0 w in rn (/) N N w w n M p r W Z Wx i Y C C ut o O a r r N O C C N rll r r O O O F~ r vi ui m `o `p N vt rn r n P o 0 o m n N b J~1 N .+ ~' ~ .i N o r p O r M 10 N N fl 'I y a~d~ N m r m x X w u w z u w r w 00 r a N rzi H ~~ a H a 5 a a a u a~ a a a~ a o a m w a a a F a o a a£ a a ~a F V F F vl F ~tl F W F Vl VI F [ H F F 2 F w w F 2 O O p O O O W O W W O [yy.. 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AGENDA ITEM MEETING DATE: July 7, 2004 CITY MANAGER: 2 I~ ~~-,/~~ ORIGINATING DEPT: City Attorney PREPARED BY: Jonathan Wittwer SUBJECT: Agreement between the City of Saratoga and David Carter and Susan Carter re 18947 Harleigh Drive, Saratoga and City property known as Assessor's Parcel No. 389-29-020 RECOMMENDED ACTIONS: Ratify execution and recordation of Agreement. STAFF REPORT: _ Sometime prior to 1998, Justin McAnally, the previous owner of 18947 Harleigh Drive, Saratoga, California (APN 389-29-020 - "the subject property") fenced and took possession of a strip of ]and owned by the City on the east side of the subject property. Mr. McAnally was issued Notice of Violation #98-12-008 notifying him that that such fencing constituted a violation of the City Code. On April l2, 1999, City of Saratoga Community Services Officer Rebecca Spoulos sent David Carter and Susan Carter (who had purchased the subject property from Mr. McAnally) a letter informing them of the violation and that Mr. McAnally was made aware that he would be required to remove the fence and any improvements prior to selling his home. The Notice stated that since the fence had not been removed the City was now requiring the Carters to remove the fence and any improvements to the City property. The Carters (though their Attorney, Ronald Rossi) requested that the City determine the subject property surplus and allow them to purchase the subject property. The fenced property is 20 feet by 113 feet (approximately 2260 square feet) and zoned residential and was purchased for future access to the adjacent Park. The City Council determined that the subject property was not surplus and that the City should remain the fee title owner. The City Council authorized a resolution of the violation on the basis of an Agreement by the Carters that they have no and will make no prescriptive easement claim or liability claims and that the City has the right to have the subject property vacated without incident if/or when that request is made to the Carters or their successors in interest. On June 17, 2004, the Carters entered into an Agreement with the City, this Agreement has been recorded on the title of the Carters' property. A copy is attached as Exhibit A. It is requested that the City Council ratify the execution and recordation of this Agreement resolving the violation and establishing additional public record of this Agreement. FISCAL IMPACTS: Not applicable. CONSEQUENCES OF NOT ACTING ON RECOMMENDED MOTION(S): Not applicable. ALTERNATIVES: Not applicable. ADVERTISING, NOTICING AND PUBLIC CONTACT: Notice for this meeting was duly posted as required by the Brown Act. FOLLOW UP ACTIONS: N/A ATTACHMENTS: Agreement. JUN-30-2004 WED 01 11 PM 4796848 FAX N0. 8314294057 P, 02 ,,..,.~ Kesording requested by: CI'1'YOJ~ SAF2A'COGA When recorded mail tp: JONA7'IiAN W1T'fWIiR wIT-rweR ~ rnrxlN, LI.P 14'/ Spn111 RiVef Strcpt, Suite 221 Santa Cru;r,, C;A 95060 '1'cl: (831) 429-4055 Fax: (811)429-4057 Attorney fur CI'T'Y OF SARATOGA Cn~vFO12;1~Ff`R CnPy; Thj, documr-::t has not been ccm,pi~;,.d with [hc or'gi^al. SANTA CLARq CGLIlJ7'Y CL1?R!:-RliCORD[:R Dor#~ 17851955 '0/17/2004 1208 PM for Recorder's Use Oi>)y ACRAL;MLNT This Agreement ("Al;recmcnt") is made and entered into effective June 9, 2004 by and bc;tween DAVID CARTEk and SUSAN CARTER (hereinafter referred to as LANDOWNERS") un the one hand, and the CITY UI' SARAT'OGA ("CITY") on the other, LANDOWNERS and (:1'I'Y arc collcctivcly referred to as "Parties:' Ir:CCir815 1. W1IElZCAS. LANDOWNER is the oa~rer ofresidential property located at 18947 ` I larlei;;h T)rivc, Saratoga, Califomia, Santa Clara County Assessor's Pareel No. 389-29- 011 (hereinafter the "Subject Property"); 2.. WFIERIsAS, CITY Ol~ SARATOGA is the owner of property lpcated at Harleigh Drive, Saratoga, California, Santa Clara County Assessor's Parcel No. 389-29-020 (hereinafter the "City Properly"); 3. WHRRT;AS, the City 1'ropafy was unlawfully fenced by the predecessors in title to the LAN])01NN[:RS so as to fence it as parr of the Subject Properly and LANDOWNERS hove subsecpicntly landscaped the unlawfttlly fenced area, The unlawfully fenced property is approximately 20 feet by 113 feet (approximately 2260 square feel) and zoned residential; and 4. WITfiRT:AS, on April 12, 1999, LANDOWNERS were notified by the CITY concerning Saratoga City Code Violation 98-12-008, attempting to take City properly as their own; and ACitlil'•.MFNI' ON Al'N 389.29-011 p; ~,,a 1 JUN-30-2004 WED 01;11 PM 4796848 FAX N0. 8314294057 P. 03 WI-1F,R7~:AS, the parties agree Ihat neither LANDOWNERS, nor their predecessors in title, may establish any prescriptive rights as to the City Property and by this Agreement the parties int~nd to continn that no prescriptive rights to City Properly have been, or will be established as to tho City 1'ropcrty, but shat the City will not remove, nor require LAN15OWNTiRS ut remove the unlawful fencing (or landscaping) until Cily decides, in its sole discretion, that it dcsins to have such fencing removed. A(:RRFMFNT NOW, T1-I I~.I7F;FORF., in Consideration of the facts recited above, and the mutual covenants, terms, conditia~s and restrictions contained herein, and pursuant to the laws oftlte Stnte of C;alifiunia, the Parties agrcr as follows: 1. 1'rescrintive Rights, The 1'arlies agree that no prescriptive rights have been, or can be in the fuuuc established by LANDOWNERS or their predecessors in title. LANDOWNERS agree that under Galiforitia Civil Code Section 1007, rights in City Property cannot be acquired under any prescriptive rig-tts claim. 2. T,icrntic_fn~- F_citce. The CITY hereby grants LANDOWNERS a revocable license for the sale mul limited purpose of fencing and -andscaping on City Property. LANDOWNERS agree :utd acknowledge that the revocable license can be withdrawn by the City in its sole discretion at any tune by service of n NOT[C[s OP RL•'VUCATION to LANDOWNERS in accordance with ]xtragraph G. Within 1 SD days of C1TY's service of NO'1'[CL•' OP REVOCATION l,ANDOWNFRS shall remove any and all fencing and landscaping on City Properly and if l •AN 17OWNLRS fail to timely do so, then CITY may remove all fencing and/or landscaping front the City Property If the CTTY removes all fencing and/or landscaping pursuant to the lrreceding sentence, the City Council may determine the cost thereof, including any r:drninislrative and/or legal expenses, and if such cost is not paid by LANDOWNERS within 30 days after being served with a Notice to Pay Costs, then LANDOWNERS hereby agree that Ihg (')I"Yraay place the cocLC Ihereu nrt lire Tar Bill for the Su6iect Prnnerty fiir rnlleclion as n ,4hrrirrl~l.rses.anreet for Nuisance Ahn/crnenl willrnul further Notice fo nrAnpea! by 1 •~l NI)OIVNERS. 3. C{i hts of CTTY. "1'o assure compliance with this Agreement, C11'Y shall have the right to eniiucc against any hrrach of this Agreement as a breach of contract and/or a violation of CITY rcrulations. The foregoing remedies shall he cumulative to any other remedies available to the CITY by law. 4. Cl'TY'ti_ • D~~scrulian. f,nforcement of the terms of this Agreement shall be at the diserolion of the CITY, and any forbearance by the CITY to exercise its rights under this AGRIiEMENT ON APN 3R9-39-O1 I Pdwc ~ JUN-30-2004 WED 01:11 PM 4796848 FAX N0, 8314294057 P. 04 Agrocmcut in the event of any breach of any lemt of this Agreement by LANDOWN>RS shall txot be dccuted or constntetl to be n waiver by the CITY of such term or of any subseduent breach of the sante or any other lean of ibis Agreement or of any of the CITY's rights under this Agreement. No delay or omission by the CITY in the exercise ol'any right or remedy upon any breach by LANT)OWNF.R shall impair such right or remedy or be construed as a waiver. Notwithstanding any ether ltrovisiott of law, all waivers must he express and in writing. 5. Flold Harmless. LANDOWNERS shall hold harntless, indemnify and defend CITY and its respective officers, directors, govcming members, employees, contractors, partners, insurers, attorneys, agents, pcrsanal and legal rrprescntativcs, successors and assigns of each ofthem {collectively `9ndcntnified Parties") from and against all liabilities, penalties, costs, losses, ordcts, liens, charge°s, damages, expenses, causes of action, claims, demands of judgments, including, without limitation, reasonable attorneys' fees, arising from or in any way connected with: (a) Injury to or the death of any person or physical damage to any property, resulting from any act, omission, condition or other matter related to or occurring on or about the City Properly, ragardless of cause, and including any liability for any active or passive negligence of any of the Indemnified 1'artics arising out of or related to LANDOWNERS' possession of the City Property or the administration or implementation of this Agrcentent, unless due to the sole negligence or willful misconduct of any of the Indemnified Pat•tics; {b) Any claim based on the existence or administration of this Agreement, 6. Notices. Any notice, demand, request, consent, approval, or communication that any party desires or is required to give to any other party shall be in writing and maybe screed in any one of the Following ways: personally, by certified mail (return receipt requested) or by overnight dclivety (such as l~cderal Express) addressed as follows: To LANDUWNLIi5: David and Susan Carlc'r 1 R947 I iarleigh llrive Saratoga, CA 95070 'I'o the CITY: City Public Worhs Director CIl'Y OF SARA`fUGA 137771'ruitvalc Avenue Sarttaga, CA 95070 A~tiEt~M11RN'r ON AI'N 3s9~29~01 I ._ r'at!.c 3 JUN-30-2004 WED 01:12 PM 4796848 FAX N0. 8314294057 P. 05 r" '^, or to such other address as any party from time to time shall designate by written notice to all other panics. Such notice shall be deemed to be effective when delivered if served personally or sent via overnight delivery, and tluec days after being deposited in the mail. 7, Gencrall'rovisions. (a) Controlline Law. 'fhe interpretation and performartcc of this Agreement shall be governed by the laws of the State of (:alifornia. LANDOWNERS and CITY have all of the rights and rcundies available to them under the laws ofthe State of California, (b) Sevcr,;,a~ility_, if any provision of this Agreement is found to be invalid, the remainder of the provisions of (tits Agreement, or the application of such provision to any person or circunrstance other than those as to which it has been found to be invalid, shall not be affected thereby. (c) entire At!rcet~tcnL This instrument sets forth the entire agreement of the parties and superscdus all priar understandings, discussions, negotiations, ar agreements relating to the Agreement, all of which arc merged herein- Na alteration or variation of this instrument shall he valid or binding unless I,ANDOWN6RS and the CITY jointly amend the Agreement in writing, (d) Successor . '1'Ite cavenants, terms, condilians, and restrictions of this Agreement shall be binding upon, and inure to the benefit of, the parties hereto and their respective pcr,on;tl heirs, representatives, successors, and assigns. All such heirs, representatives, successors and assigns shall he bound to every provision in this Agreement, whether or not this Agreement is referred to in the instnnnent by which such heirs, represenlalives, successors ar assigns acquire an interest in the subject. (c) Ca~ztions. T'he captions in this instrument have been inserted solely for convenience of reference and are not a part of this instrument and shall have no effect upon canstntctian or interpretation. (g) Warranty of Autltpri~. Each person executing this Agreement on behalf of a party rcpmscuts and warrants Ihat such person is duly and validly authorized to do so and has titll right and authority to enter into this Agreement and all of its obligations hereunder. S. Indeneadcut l.eeal Caun~cl. The undersigned parties acknowledge their right to obtain irnlepcndcnl Ic~al advice prior to entering into this Agreement. The undersigned parties have either obtained the advice of legal counsel prior to entering into this Agreement or voluntarily waive the right io do so by signing it, '1-he undersigned parties execute this Agreement ~ uluntarily with full lutowledge of any rights they may have, with full knowledge of the AG111iL'MfiNT ON At'N 389-?9-011 1'ogc A JUN-30-2004 WED 01 12 PM 4796848 FAX N0. 8314294057 P, 06 significance of this Agreement, and with the express Intention of effecting the legal carsequenees pivvideJ by the lay+'s of the Stam of California. 9. hsccnfiott. Phis Agreement may be executed in cuunle~rparts. ~ -~ t)AT}il); ,tuna r 2004 ~'~/ ~'t ~ ~~~ David Carter T)ATJ?ll: Junc~~ 2004 N• Su.. n Carter i)A'11iD: Jwict'1, 2004 llave Anderson, City Manager Ci ly pf Saratoga A<iRISGNfENT qN APN 389-2'J-011 1`,a:e 5 JUN-30-2004 WED 01:12 PM 4796848 FAX N0. 8314294057 P. 07 ACI:A'OWLF,DGMf;NT SCATI? OF CAI,IfORNIA COLJN7'Y OF SANTA CLAICA On ((/ I ~ , 2049, before mq L ~ ~~ , a Notary Public personally apj7ca •ed llavid Carter personally known to me to a the person or proved to me on fl'te basis o1 saifsfacioty evidence !n ba the person whose Warne is subscribed to the within instrument and acknowledged to me that he cxccutcd the same in his authorized capacity and that by his sifnnhAre art the instrument the person cxccutcd sail instrument. WI7N1sSS my hand and official seal, ~ ~y ~.C._ JANA LYNN RINA401 N Camm.~Y11JIdJ9 xowrrnxuc•uulorxu N 9onlo Cnu County Alf Canm. E•Wo JurylO, 70pf } NOTARY PUBLIC Aclclvowl.I:n~MI~,NT 5'1'A7"1"s OIJ CALIFORNIA C'OtLN'1`Y OP SAN'L'A CLAI2A On (~ ~, 2004, befitre m~~ ~~ ~ , a Notary Public personally appearad Susan Carter personally known to the to be the person or prove) to me on the basis of satisfactory evidence to he the person whose name is subscribed to the within instrunent and acknowledged to me that she cxccutcd the same in her authorized capacity and tl!ni by her sigJ~auire ou ihu instrument the person executed said instrument. W}'1'NLSS my hand and nlTicial scat. JANA tM!!+N RINALD~I ~~ Comm. ~ 1471 dJ9 ~ xouvrrwuc•uuravxu N sans cl~ i°l"su,7am "' Mr Comm. FrW~~ (~+ NU'1'ARY PUBLIC AGRLiE'Mf'N'1' UN ANN 3R9-29011 1'ngc b JUN-30-2004 WED 01 12 PM 4796848 FAX N0, 8314294057 ~...,. OALlFbgWIA ALL-PURP05E ACKtJOWLEDGMEMT P[ 08 Stele of California ceNnty nt ~n~.~ C".Icy ~~ a5. On__~„/vCl~'.~~t(~faramc,~~'11c~ ~~ va~ erl~ Plm Namt rm(pIk of a r~ur la 0~,t~Jan/a~Om. Nm/ury~I46k'1 personally appeared , ,4_[._~_~_. =»"~ -` - ~~~~ t y Ndnm(8 el Snmulp~ ~,ylfeisonally known to me proved to m¢ on the hosis of satisfactory evidence to be the person(s) whose name(s) islare subscribed to the wllhin instrument antl acknowletlged to me that hUshe/They ax¢cuted the sam¢ in hislher/thelr authorized capacity(ies), and that 6y hislher/their signature(s) on the instrumen( the person(s), ¢r ,the entity upon behalf of which the person(s) a ed, executed the instrument. seal. OPTIONAL 'rhnugn Ihu inrormalian bPtnw tr: rot raQltired by law, it n>.~y prove volenuN to parsons retying on tha document and eauM prevent /raudlAVnr removal and nwaechment al this lolm Io arMlhCr dacumenl. Description of Attached Document Tdlc or Type of Document: Document Ucfc: __5,,,,,,~1 J'1 7l` Signer(s) Other l~han Named Ahovo: _ Capacity(ies) Claimed by Signer Signer's Name: `_ tJ Individual C7 Corporalepificcr-1"ittc(s): Pruner--[71.imited ^General ~I Attorney-In-Face Ca Trustee C1 Guardian or Conscrv~tor Ll Other. _-- --......_ _ ....._._- ......_. Signer Is Represonting:_____.. _.,. Uq of Owmb here _,,,Y_ Number of Pages: VI!1'19 NV.Ir1.NI NV.:np KA[.eu,mrU~i40u iob AVO.F.D tloa:ap$, CfIeRNCgq(A(IISI9 Pi.la"WYM n/m V,wnl[n•Iry. V,p ,mr nv..n..n SARATOGA CITY COUNCIL MEETING DATE: July 7, 2004 ORIGINATING DEPT: Public Works PREPARED BY: John Cherbone AGENDA ITEM: CITY MANAGER: ((a~lt/ j)~ Gnu---~~_ -_- DEPT HEAD: A,1>Lvl e ~~~0'~_ SUBJECT: Design Services for Blaney Plaza Improvements -Phase II RECOMMENDED ACTION(S): 1. Approve professional services contract from Greg Ing and Associates in the amount of $9,500 for development of design plans for improvements to Blaney Plaza. 2. Authorize City Manager to execute a professional services agreement with Greg Ing. and Associates. 3. Authorize staff to expend up to $7,500 for surveying and miscellaneous costs associated with the project. REPORT SUMMARY: Backeround: In 2003 the City Council approved a master plan for Blaney Plaza, which incorporated the Memorial Arch relocation. In October of 2003 the City Council approved Phase I of the Blaney Plaza Master Plan, which incorporated a new Holiday Tree and site improvements around the relocated Memorial Arch. Subsequently, Phase I improvements were completed for the 2003 Holiday Tree Lighting event. During the 2003/2004 CIP update the City Council approved $121,000 for Phase II of the project in order to complete the renovation of the plaza. Discussion: Please find attached a proposal from Greg Ing and Associates for preparation of design plans for the second phase of improvements to Blaney Plaza. If the proposal is approved, design plans and construction documents will be developed for the second phase of improvements to Blaney Plaza based on the Master Plan approved by City Council (see attached Master Plan). Work will commence sometime in the late summer with the goal of completing the project prior to the annual Holiday Tree Lighting event in November. FISCAL IMPACTS: Sufficient funding is available in the adopted CIP to cover the design contract, surveying, and miscellaneous costs associated with the project. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): The design proposal would not be approved and the second phase of improvements to would not move forward at this time. ALTERNATIVE ACTION(S): None in addition to the above. FOLLOW UP ACTION(S): A professional services agreement will be executed with the consultant. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: 1. Design Proposal. 2. Master Plan. 2 of 2 PROPOSAL FOR: BLANEY PLAZA City of Saratoga Public Works Department 13777 Fruitvale Avenue, Saratoga, Califoruia 95070 Mr. Johu Cherbone, Public Works Director 408 868-1241 408 868-1281 Fax BY: Greg G. Ing & Associates 1585 The Alameda, Suite 201 San Jose, California 95126 Mr. Steven J. Kikuchi 408 947-7090 INTRODUCTION: The purpose of this work effort is to develop construction documents for Blaney Plaza in the City of Sazatoga. This median is located on Highway 9 and Sazatoga Avenue and is the gateway to the downtown area. Recently, improvements in connection with the relocation of the historical veterans monument to Blaney Plaza and improvements immediately adjacent to the monument were completed as part of Phase I. The City Council would like to now like to complete all the improvements and update the entire plaza as per the master plan our firm designed previously this yeaz for the City of Saratoga. Professional services encompass complete construction documents such as layout and staking plans, grading and drainage plans, lighting, irrigation and planting plans and necessary construction details and specifications to put the project out to bid. PROFESSIONAL SERVICES TO BE PROVIDED: Landscape Architectural: Work Program 1.0 Landscape Architectural Construction Documents Based upon the master plan our firm completed this year. Our firm will develop the necessary construction documents to put the project out to bid. We will coordinate all our work efforts with the city's staff and have several meetings for review of the work. Products: • Demolition Plan • Layout & Staking Plan • Drainage & Grading Plan • Lighting Plan (12 volt and 110 volt) • Irrigation Plan • Planting Plan. • Meeting w/staff to review information • Specifications and construction details Proposal Blaney Plaza December 29, 2003 Page 2 Includes a total of (3 meetings with staff if additional meetings are required they will be billed at $l50/hr. with a four hour min. CLIENT or CITY'S RESPONSIBILITIES: 1. The City will provide consultant with access to city maps, existing construction documents, records, studies, plans and other documents relating to project. 2. The City render decisions pertaining to the project promptly (projecting a 14 day turn-around time) to avoid unreasonable delay in the progress of consultant's work. 3. The City will provide consultant with all site surveys, legal description, geo-technical and soil reports and underground utility maps. 4. The City will provide all environmental cleazances and permits required for the project. PROFESSIONAL SERVICES NOT PROVIDED: 1. Site Observation or Construction Administration & Management 2 Any Agency fees or permits 3. Construction staking 4. Civil, Structural & Electrical Engineering 5. Topographical & Boundary Survey ADDITIONAL SERVICES: Both parties, prior to proceeding with work, will perform any additional services beyond the scope of this agreement only under written approval. Any revisions to the final design plan or cost estimate will be considered additional services and will be billed on a time and material basis is accordance with our attached hourly rate schedule for the yeaz 2003. Proposal Blaney Plaza December 29, 2003 Page 3 FEE PROPOSAL: Description of Professional Services: 1.0 Construction Documents Principal 16 hrs. x S 150.00 S 2,400.00 Senior Landscape Architect 20 hrs. x $ 125.00 $ 2,500.00 Associate Landscape Architect 40 hrs x $115.00 $ 4.600.00 Total: PAYMENT SCHEDULE $ 9,500.00 1. Services performed will be billed monthly as percentage of work is completed. All invoices aze due upon receipt. Upon 14 days after invoice date, the invoice will be considered past due and accme interest at the rate of 1-1/2% per month or 18% annually. All work will stop after 14 days past due. 2. Direct expenses are in addition to the compensation for professional services, and shall include the actual expenditures made by GIA in the interest of the project at a cost plus 30%. Direct expenses include the following: Blueprints, photocopies, CAD plots, postage and shipping, fax and long distance phone calls, film, mileage at .46 mile, etc. Should either party commence any litigation hereto, the prevailing party in such litigation shall be entitled to reasonable attorney's fees and costs as determined by the court of jurisdiction. 4. Limitation of liability is the compensation paid to Greg G. Ing & Associates. 5. "Landscape azchitects aze licensed by the State of California." TIME FRAME OR SCHEDULE: The estimated time frame to complete the landscape design will take approximately ten (12) to (16) weeks from the issuances of the design contract. Upon the signing of the contract Greg G. Ing & Associates will determine a specific project timetable at the commencement of the project with city staff. Greg G. Ing & Associates takes no responsibility for the client's time to make decisions upon reviewing plans submitted for client's approval and direction. Proposal Blaney Plaza December 29, 2003 Page 4 Greg G. Ing & Associates upon being selected will provide the City of Sazatoga with all insurance certificates prior to execution of the contract. Respectfully submitted, Steven J. Kikuchi, Landscape Architect Greg G. Ing & Associates SCHEDULE OF HOURLY RATES Effective from January 1, thru December 31, 2004 The following rates are applicable professional services to hourly rate contracts, extra work items, and per diem accounts: Classification Hourly Rate Project Manager $ 150.00 Senior Landscape Architect $ 125.00 Associate Landscape Architect $ 115.00 Computer Technician $ 85.00 Clerical $ 65.00 6 SARATOGA CITY COUNCIL MEETING DATE: July 7`", 2004 ORIGINATING DEPT: Public Works PREPARED BY: Mor an Kessler AGENDA ITEM: ~~ CITY MANAGER: ~`~ DEPT HEAD: ~ SUBJECT: Brookglen, El Quito and Wildwood Parks: Playground Equipment Upgrade Project- Notice ofCompletion RECOMMENDED ACTION(S): Move to accept the Brookglen, El Quito and Wildwood Parks: Playground Equipment Upgrade Project as complete and authorize staff to record the Notice of Completion for the construction contract. REPORT SUMMARY: "" All work for the Brookglen, EI Quito and Wildwood Parks: Playground Equipment Upgrade Project has been completed by the city's contractor, Playgrounds Unlimited, and has been inspected by Public Work's staff. The majority of this work included the installation of the new park play structures, which were purchased separately by the City. The final construction contract amount for the project was $35,324.00, which is includes a change order of $1344. Project Summary: Project Budget: Contract Award Amount: Change Order Authority: Final Contract Amount: Contract Change Orders: $38,980.00 $33,980.00 $ 5,000.00 $35,324.00 $1344.00 hi order to close out the construction contract and begin the one-yeaz maintenance/warranty period, it is recommended that the Council accept the project as complete. Further, it is recommended that the Council authorize staff to record the attached Notice of Completion for the construction contract so that the requisite 30-day Stop Notice for the filing of claims by subcontractors or material providers may commence. FISCAL IMPACTS: This project has been paid for through the Parks Upgrade Project CIP funding. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): The project would not be accepted as complete and staff would notify the contractor of any additional work required by the City Council before the project would be accepted as complete. ALTERNATIVE ACTION(S): None in addition to the above. FOLLOW UP ACTION(S): Staff will record the Notice of Completion for the construction contracts and release the contract sureties and retentions thirty days thereafter. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional ATTACHMENTS: 1. Notice of Completion for the Brookglen, EI Quito and Wildwood Parks: Playground Equipment Upgrade Project Recording requested by, And to be returned to: City of Sazatoga Public Works Department 13777 Fruitvale Avenue Sazatoga, CA 95070 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the work agreed and performed under the contract mentioned below between the City of Sazatoga, a municipal corporation, whose address is 13777 Fruitvale Ave., Sazatoga, CA 95070, as Owner of property or property rights, and the Contractor mentioned below, on property of the Owner, was accepted as complete by the Owner on the 7th day of July, 2004. Contract Number: N/A Contract Date: February 5`h, 2004 Contractor's Name: Playgrounds Unlimited Contractor's Address: 1159 Willow Avenue, Sunnyvale, CA 94086 - Description of Work: Playground Equipment Upgrades Notice is given in accordance with the provisions of Section 3093 of the Civil Code of the State of California. The undersigned certifies that he is an officer of the City of Saratoga, that he has read the foregoing Notice of Acceptance of Completion and knows the contents thereof; and that the same is true of his own knowledge, except as to those matters which are therein stated on the information or belief, as to those matters the he believes to be true. I certify under penalty of perjury that the foregoing is true and correct. Executed at the City of Saratoga, County of Santa Clara, State of California on , 2004. CITY OF SARATOGA BY: ATTEST: Dave Anderson Cathleen Boyer, City Clerk City Manager Gov. Code 40814 SARATOGA CITY COUNCIL MEETING DATE: July 7, 2004 AGENDA ITEM: l~ ORIGINATING DEPT: Admin. Services CITY MANAGER: e~/~G~-~--~ PREPARED BY: Pete Kolf DEPT. HEAD: Pete Kolf SUBJECT: Enter into a Revised Core Natural Gas Agreement with ABAG POWER RECOMMENDED ACTION: The City Council authorize the City Manager to sign the Revised Core Natural Gas Agreement with ABAG POWER. REPORT SUMMARY: The City of Saratoga agreement for the purchase of natural gas from ABAG POWER is due to expire in June, 2005. Because they need a three year time period to enter into longer term fixed price natural gas contracts with suppliers to ensure adequate supplies of natural gas at the lowest possible price, they are asking that we sign a revised agreement extending the contract an additional three yeazs. FISCAL IMPACTS: Purchases of natural gas through ABAG POWER provides a savings over purchases from PG&E. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The City of Saratoga will probably pay more for natural gas purchases. ALTERNATIVE ACTION: The City of Saratoga could purchase natural gas from PG&E which probably would be more expensive. FOLLOW UP ACTION: Continuous review of natural gas purchase price. ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENT: Memorandum from ABAG ~ M O IZ ~N ~Ll i<l M:~ As5O< IA°l l«v Ol t3 1~~ ~r~i ,~~ t,tn ~ lz~!~l~ ~.1. kee;'esei_.inc (7 ity anJ Jese1Y Uo,~-. ni~ur.15 ~ th,. ..an F ~,c Q~- `. ..o DATE: May 24, 2004 TO: ABAG POWER Natural Gas Program Members FROM: Gerald L. Lahr, Program Manager RE: Revised Core Natural Gas Agreement Recently, the ABAG POWER Executive Committee approved changes to the Core Natural Gas Sales and Aggregation Agreement ("Agreement"). This Agreement, signed by each member agency, provides the basic terms under which ABAG POWER is authorized to purchase gas on members' behalf, and obligates the parties to meet the various conditions for gas purchases and payments for services. In addition to updating the agreement to be in accordance with current regulatory conditions and program operational characteristics, the Executive Committee authorized a change to the program term which institutes athree-year "Rolling Evergreen" arrangement for members wishing to opt-out of the program. It is the belief of the Committee and staff that this arrangement will allow for more flexibility in entering into longer-term (up to three year) gas purchase agreements, thus giving staff a greater opportunity for entering into contracts that meet the goals of cost savings and price stability. We ask that your organization execute and return this agreement at your earliest opportunity. Background. In early 2002, the ABAG POWER Executive Committee ("Committee") completed a review of the Natural Gas Program and recommended that the Program continue for an additional three years. In accordance with the current Agreement, this extension means that members next have the opportunity to opt-out of the program on July 1, 2005 by giving notice to ABAG POWER no later than June 1, 2005. At the same time that the Committee approved the program extension, it also restated the goals of the Program to account for the desire to have both cost savings and price stability. As a method for achieving these goals, the Committee settled on a general gas purchasing strategy that included entering into fixed-price gas purchase contracts for periods of up to three years in length, in order to lock in reasonably priced gas. During the 2002-03 fiscal year, ABAG POWER started the process of entering into longer term gas supply contracts in order to achieve the program's revised goals. ABAG POWER entered into affixed-price gas supply contract for approximately 25% of its load ($4.37/Dth) for the. period August 2002 -June 2005, and subsequently entered into another fixed-price contract for an additional 25% of its load ($4.61/Dth) for the period November 2003 -June 2005. With gas prices for much of the current fiscal year at $5-6/Dth, and future gas prices currently over $6/Dth through most of next year, these contracts have proven very valuable to the program ~ During the past winter ABAG POWER hedged an additional 25% of our gas with a five month fixed-price contract ($5.04/Dth). Maili~~ rar eaar P.C 5 x?-.0 s ~ ~. ~.~ its ~.6^ ~ 1 -c~ F :x_ {s i h ~ x. 5,. r ..;bag r .;ov J s. ~r F. 9cr P.'.' .,f..rt. C? =itrY? ~ee~ .. ~. ~~ _. C,. n ; '~~~ - .~5~t>t`1 ~~ ~ 1<ati gal 1~ ~ ~~ A~~~ ~ Hee:`c.. i io ~Jety a ~ F i, ~~, 3a. 7 ,.,, both in terms of cost savings and price stability. See ABAG/PG&E Rate Comparison chart below: ABAG POWER intends to continue to look to the forward gas commodity markets to increase its overall hedged position to as much as 75% as favorable buying opportunities become available and program restrictions permit. However, the Program is currently constrained by the Program opt-out date due to the uncertainty of what the Program membership (and load) will be in the summer of 2005, which means that no contract can have an expiration date past June 30, 2005 without creating a risk to the program. See chart below. ioo% so% eou pox fio% 50% s9 ea% 30% so% io% t13 in~,:r .._ !~C u.z n)„G ~a.<..:r.C:d~rr.~. :3 ;F.., ~t .z0 ?sG'~ ~. " i r~:5% it fo, =hag. :tcv J<scNh F. 3crr . e. ~~ en,a r 5 J', watt o etz . ~k ~. ic.., '[~ .. at;: ,. ~., o% o z Q s g s € m o z o s g s n o z o ABAG POWER Gas Purchases AsS~~c~1.>>> >c~~ of 13 ~~~ ~iz~ a (,c>~ ~:tz~~.t~ ~ rs RePrc of i~c Gity aid JUJ~ly Uoi nmuat> tr 'air F i~ c., B,:y Ai,.d Action. At its February and April meetings, the Committee approved contractual language that both brings the agreement into alignment with current regulatory and operational practices, as well as revise the term of the agreement to include the "Rolling Evergreen" arrangement. This new contract term will allow a member to notify ABAG POWER at any time of its desire to opt-out of the program, however the opt-out will not become effective until three years from the July 1 S` following the notice (see section 7 of agreement). This new contractual arrangement will give ABAG POWER a continuous three-year-ahead planning window, and therefore will allow staff to take advantage of longer-term beneficial pricing opportunities. We ask that member agencies approve this revised contract at your earliest opportunity so that the program may begin planning for gas purchases past June 2005. /vm Attachment M~iliog Arlu c,=~ P.{i. 5nx 2Q5G , t 2 .,= i+ ..., _., "~5~ i , ~.,! ;.;c Pax Est ~ i r 5d 'a n~. ~q.,uag .~ goa Jos. .,t- F. Por , .,., ...e `C` Gigi+t S ~~~at vvrc u1. <, '. °us of ;: SG CORE NATURAL GAS SALES AND AGGREGATION AGREEMENT By and Between ABAG POWER and City of Saratoga (Name of Public Agency) For service within the territory of Pacific Gas & Electric Company Revised Core Agreement - 2004 CORE NATURAL GAS SALES AND AGGREGATION AGREEMENT This Core Natural Gas Sales and Aggregation Agreement, hereinafter "Agreement", is made and entered into as of this day of 20_, by and between the ABAG Publicly Owned Energy Resources, a California joint powers agency, hereinafter "ABAG POWER", and the City of Saratoea (name of public agency), a (charter/general law city or county or special district), hereinafter "Public Agency". The parties hereby agree as follows: 1. Elieibility: Public Agency is a member of ABAG POWER. ABAG POWER shall provide directly or, at its option, shall contract to provide coordination services for the purchase and management of a natural gas program for members of ABAG POWER participating in said program [Participant(s)]. 2. Authorities: Public Agency is a customer of PG&E for core natural gas distribution services. ABAG POWER is a designated Core Transportation Agent (CTA) in accordance with PG&E's Rule 23 and Tariff G-CT ("Program"). Public Agency appoints ABAG POWER as its exclusive agent to coordinate its purchase and management of natural gas, on behalf of Public Agency for the facilities listed in Exhibit A, which is attached hereto and incorporated herein. All parties understand and agree that the authority for the Program is granted by and subject to the CPUC, as initially authorized by CPUC Decision No. 91-02-040 and as modified through various subsequent CPUC Decisions. This Agreement is pursuant to the Utility Aggregation Tariff Rate Schedule(s), Tariff Rules and terms and conditions set forth in such agreement. Public Agency represents and warrants that any prior aggregator authorizations which Public Agency may have executed will be terminated effective no later than the date of this authorization. 3. Services: ABAG POWER shall deliver, or cause to be delivered, the following services to Public Agency: 3.1 Analyze and evaluate natural gas supply and transportation strategies; 3.2 Negotiate and implement natural gas purchase, transportation and other similar gas services for Participants; 3.3 Perform nominations of gas purchased and transportation services on behalf of Public Agency's facilities as listed in Exhibit A; 3.4 Monitor gas account imbalances; 3.5 Generate invoices for all natural gas purchases and services for ABAG POWER to perform as required under the Agreement. Invoices will include the following information: 3.5.1 For each facility listed in Exhibit A, the monthly usage, and gas charges, including, but not limited to, ABAG POWER operational and administrative fees. 1- Revised Core Agreement - 2004 3.5.2 The status of the account identifying the prior account balance, any payments _ since the previous invoice, current charges plus any applicable late payment charges and credit balances as calculated pursuant to Paragraph 9.3; and 3.6 Provide general consultation services. 4. Enrollment Notification of Chances: Public Agency shall through the attached Exhibit A submit to ABAG POWER its list of accounts to be served hereunder. Public Agency represents and warrants that all facilities listed in Exhibit A distribute natural gas used by Public Agency and that none of the facilities will be serviced by another core transport agent as of the Start Date as defined in Paragraph 9.5. Public Agency shall also notify ABAG POWER forty-five (45) days in advance of changes in Public Agency's facilities or operations which are reasonably expected to increase or decrease the consumption of natural gas more than ten percent (10%) as compared to historical levels. Public Agency may add facilities to Exhibit A upon prior written notice to ABAG POWER. Public Agency may delete facilities from Exhibit A only upon written consent by ABAG POWER, which consent shall not be unreasonably withheld, except that Public Agency may delete facilities without ABAG POWER's consent if Public Agency abandons the facility or transfers the facility to another entity. 5. Acencv Relationship: Public Agency authorizes ABAG POWER to act as its exclusive agent for the Program and does hereby constitute and appoint an authorized officer or agent of ABAG POWER to act on its behalf as its lawful agent for the implementation of the Program. This authorization shall include the right to do and perform all acts, with full power to execute all documents requisite and necessary to be done in all matters relating to the purchase, sale, and transportation of natural gas. Therefore, Public Agency authorizes ABAG POWER to take actions appropriate to establish and implement the Program, including, but not limited to: 5.1 Aggregating the gas supplies and services of Public Agency with those of other Participants in conjunction with providing such gas supplies and services to Public Agency and pursuant to the terms and conditions of the Program; 5.2 Executing local distribution company riders and other documentation on behalf of Public Agency; 5.3 Nominating gas supplies on behalf of Public Agency; 5.4 Handling gas imbalances, gas storage, and all other operational transactions with the Utility in order to deliver gas to the Utility for subsequent redelivery to Public Agency; and 5.5 Arranging for payment of Program bills for natural gas, transportation and other Utility charges. Public Agency understands and agrees that in the event of nonpayment by ABAG POWER, Public Agency will be responsible for payment of Public Agency's bills for gas and services, even if the Public Agency has already made payment to ABAG POWER for those gas quantities and services. Public Agency understands that if ABAG POWER's contract with the Utility terminates for any reason, on Public Agency's receipt of notice from Utility, Public Agency will receive gas service for Exhibit A accounts under core procurement service from the Utility commencing on the first day of -2- Revised Core Agreement - 2004 Public Agency's next billing cycle pursuant to the terms and conditions of the applicable core procurement Tariff Rate Schedule for each Public Agency's accounts. - 6. Title: All purchase, transportation and other gas service contracts shall be in the name of ABAG POWER. 7. Term: Subject to the provisions of Paragraphs 12 and 13 hereof, and receipt of timely notifications of alternative arrangements, this Agreement shall be in full force for a three (3) year term commencing July 1 of the year immediately following the execution date of this contract. Subject to Paragraph 13, the term of this Agreement shall be automatically extended for additional three-year periods on each July 1 provided that ABAG POWER is not in breach of this Agreement, and provided that Public Agency has not submitted on or before June 1 written notice of its decision to terminate the Agreement effective the July 1 three (3) years after said notice. 8. Fees: The operational fees for all services described in Paragraphs 3 and 5 shall be established by the ABAG POWER Board of Directors, hereinafter "Board". 9. Pavment: 9.1 On a monthly basis, unless otherwise approved by Public Agency, ABAG POWER will provide, or cause to be provided, to Public Agency an invoice for the Public Agency's facilities serviced under this Agreement. Invoices will be directed to and payment is to be made directly by Public Agency to the escrow account designated pursuant to Paragraph 10 of this Agreement. Payment is due immediately upon receipt of the invoice. Late payment charges at the rate of one and a half percent (1.5%) per month calculated daily on the outstanding balance will be imposed commencing on the thirty-first (31st) day after the mailing date of the invoice. Late payment charges may, at ABAG POWER's sole discretion, be debited against Public Agency's Working Capital Account as defined in Paragraph 9.3. 9.2 ABAG POWER will invoice Public Agency, and Public Agency will pay, in monthly installments, sums representing payments for the natural gas and services provided under this Agreement (Invoiced Amounts). Initially, Invoiced Amounts will be based on ABAG POWER's estimate of Public Agency's consumption of natural gas for the month leveled to eliminate extreme consumption fluctuations but adjusted to reflect moderated seasonal fluctuations. Each invoice will also identify the costs, if any, of natural gas, including, but not limited to transportation charges and operational fees, and utility charges charged to Public Agency for the period identified in the invoice. Any disputes between the parties regarding the amount of any Actual Charges shall be resolved pursuant to Section H of Exhibit B to this Agreement, as defined in Paragraph 9.3, will be adjusted as soon as practicable to reflect the resolution of the dispute. 9.3 Upon approval of this Agreement by ABAG POWER, Public Agency shall pay a working capital deposit to ABAG POWER prior to transferring any accounts to the ABAG POWER program. This deposit is refundable when Public Agency leaves the program and all liabilities to ABAG POWER have been satisfied. The currently approved working capital deposit is calculated as follows: [Two times the average load (therms) times the current applicable rate ($/themm).] -3- Revised Core Agreement - 2004 9.4 After the end of each fiscal year, ABAG POWER will perform a "true-up" by calculating the difference between the Invoiced Amounts and the Actual Charges. Any difference in these amounts will be debited or credited (as appropriate) to the Public Agency in equal installments over the remaining program year's invoices. 9.5 In accordance with the terms of Paragraph 10, ABAG POWER will first apply the Invoiced Amounts to the payment of Actual Charges. Public Agency acknowledges that during the term of this Agreement ABAG POWER has the right to use working capital deposits to pay Actual Charges incurred by other Participants in the Program as such Actual Charges become due. Such use of the monies will not be a debit against the working capital deposit and will not obviate, eliminate or modify ABAG POWER's obligation to pay Public Agency the working capital deposit amount pursuant to Paragraph 13.3. ABAG POWER retains the right to modify Invoiced Amounts to increase the sum of working capital deposits in the Program in order to timely pay Actual Charges as they become due. 9.6 m..~..=11 oe~ed °nd must be=Paid b3• ~~e~-sr-~a~s~,~ee~enf Eerrntnates en T~- .-:««e....,..:,.e .,. n..w,:.. 9.7 In the event Public Agency fails to make timely payment consistent with the terms employed by ABAG POWER, in addition to any other remedy it may have hereunder and notwithstanding the existence of any late payment penalty, ABAG POWER may declare Public Agency to be in default and terminate the agreement. ABAG POWER is further authorized to bill Public Agency for reasonable charges associated with demands for payment on late accounts as well as reasonable charges associated with suspension and resumption of service hereunder. 10. Disbursement of Funds: Subject to the terms and conditions of this Agreement, ABAG POWER agrees to provide for sale and delivery, and Public Agency agrees to receive and to pay ABAG POWER for natural gas. Further, Public Agency agrees to pay for the Actual Charges. ] 0.1 An escrow account for the purposes of receiving payments by Participants and making payments to the Utilities, the gas supplier and other payees as authorized by ABAG POWER will be established. 10.2 The instructions for this escrow account have been approved by ABAG POWER, and shall include a list of the authorized recipients of payments from the account. 10.3 Only ABAG POWER may authorize release of funds from the escrow account, and such shall only be to those payees identified in the escrow instructions. 11. Gas Program Pricine: 11.1 Allocation. The gas charges to Participants will include (a) cost of the gas commodity (gas charges), (b) applicable utility transportation charges, and (c) administrative costs. Gas charges are the product of a Participant's usage times the unit rate for gas for each month. The unit rate is the total monthly cost of natural gas purchased for all Participants at the supplier contract price divided by the -4- Revised Core Agreement - 2004 total monthly usage of Participants. Transportation and administrative charges will be allocated to each Participant based on gas usage. 11.2 Annual Report. Each yeaz, ABAG POWER will provide each Participant with a report showing that Participant's total costs for natural gas, including transportation charges and administrative fees, and utility charges at a per therm cost for each category. 11.3 Gas Purchasin¢. Under the policy direction of the Board, ABAG staff will regularly canvas the natural gas market and enter into contracts to acquire natural gas for, among others, fixed price, indexed price and variable price with a minimum and/or maximum. ABAG staff, under the policy direction of the Board, has the power to execute all contracts reasonably necessary to deliver natural gas to each Participant. 12. Change of Regulations: Any future change in law, rule or regulation, or utility practice which prohibits or frustrates ABAG POWER or the Public Agency from carrying out the terms of this Agreement shall excuse both parties from their obligations, other than the obligation of Public Agency to make payments due for gas and services received. 13. Cancellation of Service: 13 1 Cancellation by Public Aeencv: Public Agency may cancel the Agreement by giving ABAG POWER written notice by June 1 of its intent to terminate on June 30 of the third year following the date notice was given. 13.2 Cancellation by ABAG POWER: Actions by the utilities and/or CPUC to develop rules which are in conflict with sound business practices, or impose unnecessary risk on either party to this Agreement, or substantially prevent ABAG POWER from performing its functions under this Agreement may result in the cancellation of this Agreement by ABAG POWER. ABAG POWER shall give Public Agency written notice ninety (90) days prior to such cancellation and both parties shall work diligently to minimize the negative effects on ABAG POWER and the Public Agency of such cancellation. 13.3 Working Capital Deposit: Within ninety (90) days after cancellation, ABAG POWER will pay to Public Agency the amount of its working capital as modified pursuant to Paragraph 9.2, less any debits imposed pursuant to Paragraph 9.1 and less any outstanding Actual Charges owed by Public Agency. 14. ABAG POWER Board of Directors: Dave Anderson (Name of Public Agency Representative) shall be the Public Agency's representative to the Board. The Board shall provide policy direction for the Program. The Board's powers shall include admission of new Participants and the extension of any contracts for the purchase of natural gas and/or related services under rules and procedures adopted by the Board. 15. Approvals: The Public Agency Representative may grant any approval, or give any direction required by this Agreement, in writing or orally. Written approvals or directions may be transmitted physically, by facsimile or electronically. Oral approvals will be confirmed in writing by either party. -5- Revised Core Agreement - 2004 16. Attornevs' Fees: In the event either party invokes its right to arbitration under Section H of Exhibit B due to an alleged breach of this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs as determined by the azbitrator. 17. Ownershi~of Files Reports Photographs and Related Documents: Upon termination of the Agreement, any and all files, reports, photographs, plans, specifications, drawings, data, maps, models and related documents respecting in any way the subject matter of this Agreement, whether prepared by ABAG POWER, the Public Agency or third parties and in whatever media they are stored shall remain or shall become the property of the Public Agency and the Public Agency shall acquire title to, and copyright ownership of, all such documents. The Public Agency hereby grants to ABAG POWER an irrevocable license to retain a copy of all records covered by this paragraph for ABAG POWER's files. 18. Indemnity: Public Agency shall indemnify and hold harmless ABAG, ABAG POWER and their respective directors, officers, member agencies, agents and employees from and against all claims, damages, losses and expenses including attorney's fees arising out of or resulting from the performance or non-performance of the services required by this Agreement, unless such is caused by the negligence of ABAG, ABAG POWER or their respective directors, officers, member agencies, agents or employees. 19. Assig_nment/Security Arran eg menu: Public Agency hereby acknowledges that ABAG POWER may, in order to finance security deposit and cash flow deficits incurred in connection with the operation with this Program, incur short-term debt which may be secured by an assignment, encumbrance or hypothecation of this Agreement and/or payments due hereunder. 20. Notices: The following addresses for the giving of notices and billings shall be: Public Aeencv Notices Facsimile No.: Public A¢ency Billine Address N Telephone No.: Telephone No.: -6- Revised Core Agreement - 2004 Facsimile No.:. ABAG POWER Notices ABAG P. O. Box 2050 Oakland, CA 94604-2050 Gerald L. Lahr, Program Manager Telephone No: 510-464-7908 Facsimile No: 510-464-5508 Email: JerryL@abag.ca.gov 21. Severability: If any provision of this Agreement or the application of any such provision shall be held by a court of competent jurisdiction to be invalid, void, or unenforceable to any extent, the remaining provisions of this Agreement and the application thereof shall remain in full force and effect and shall not be affected, impaired, or invalidated. 22. Captions: The captions appearing in this Agreement are inserted as a matter of convenience and in no way define or limit the provisions of this Agreement. 23. Other Contract Provisions: This Agreement shall be subject to the other standard provisions which are set forth in the attached Exhibit B, which is incorporated by this reference. IN WITNESS WHEREOF, the parties have hereunto set their hands effective the date and year first above written. ABAG PUBLICLY OWNED ENERGY RESOURCES sy: Eugene Y. Leong, President Approved as to legal form and content: By: Kenneth K. Moy, Legal Counsel PUBLIC AGENCY sy: Date: Date: Date: -~- Revised Core Agreement - 2004 __ Title: (City Manager, County Administrator or other as designated by resolution) Approved as to legal form and content: Date: Title: 8- Revised Core Agreement - 2004 EXHIBIT A List of Facility Accounts Name of Public Agency: Citv of Saratoga PG&E Account Number Street Address City 1. All Current Accounts with ABAG POWER 2. 3. 4. 5. -9- Revised Core Agreement - 2004 EXHIBIT B STANDARD CONTRACT PROVISIONS A. Time of Essence. Time is of the essence in this Agreement. B. Waiver. The waiver by either party of a breach by the other of any provision of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach either of the same or a different provision of this Agreement. C. Controllin¢ Law. This Agreement and all matters relating to it shall be governed by the laws of the State of California. D. Binding on Successors, Etc. This Agreement shall be binding upon the successors, assigns, or transferees of ABAG POWER or Public Agency as the case may be. This provision shall not be construed as an authorization to assign, transfer, hypothecate, or pledge this Agreement other than as provided above. E. Records/Audit. ABAG POWER shall keep complete and accurate books and records of all financial aspects of its relationship with Public Agency in accordance with generally-accepted accounting principles. ABAG POWER shall permit authorized representatives of Public Agency and/or any of Public Agency's governmental grantors to inspect, copy, and audit all data and records of ABAG POWER relating to its performance of services under this Agreement. ABAG POWER shall maintain all such data and records intact for a period of three (3) years after the date that services are completed hereunder or this Agreement is otherwise terminated. F. Prohibited Interest. Neither ABAG, ABAG POWER or their respective directors, officers, employees or agents shall solicit nor accept gratuities, favors or anything of monetary value from contractors, potential contractors, or parties to subcontracts. G. Insurance Requirements. (1) ABAG shall, at its own expense, obtain and maintain in effect at all times during the life of this Agreement the following insurance: (a) Workers' compensation insurance as required by law. (b) Comprehensive general liability insurance coverage of One Million Dollars ($1,000,000) in the aggregate for products and/or completed operations and One Million Dollars ($1,000,000) per occurrence for automobiles. (c) Professional liability insurance with minimum liability limits of Two Million Dollars ($2,000,000) in the aggregate. (2) All ABAG's insurance policies shall contain an endorsement providing that written notice shall be given to Public Agency at least thirty (30) days prior to termination, cancellation, or reduction of coverage in the policy or policies, and all policies shall be carried by an insurance company or companies acceptable to Public Agency. -10- Revised Core Agreement - 2004 (3) In addition, each policy or policies of insurance described in subparagraph (2) above shall contain an endorsement providing for inclusion of Public Agency and its directors, officers, agents, and employees as additional insureds with respect to the work or operations in connection with this Agreement and providing that such insurance is primary insurance and that no insurance of Public Agency will be called upon to contribute to a loss. (4) Promptly upon execution of this Agreement, ABAG shall deliver to Public Agency certificates of insurance evidencing the above insurance coverages. Such certificates shall make reference to all provisions or endorsements required herein and shall be signed on behalf of the insurer by an authorized representative thereof ABAG agrees that at any time upon written request by Public Agency to make available copies of such policies certified by an authorized representative of the insured. (5) The foregoing requirements as to types and limits of insurance coverage to be maintained by ABAG and approval of policies by Public Agency are not intended to, and shall not, in any manner limit or qualify the liabilities and obligations otherwise assumed by ABAG pursuant to this Agreement, including, but not limited to, liability assumed pursuant to ABAG's insurance policies under Subsections (I)(b) of this section. (6) ABAG shall require all subcontractors to comply with the insurance requirements described in Section G(1)(a)-(c),inclusive. H. Arbitration. Any dispute between ABAG POWER and the Public Agency regarding the interpretation, effects, alleged breach of powers and duties arising out of this Agreement shall be submitted to binding arbitration. The arbitrator shall be selected by agreement between the parties by lot from a list of up to six (6) arbitrators with each party submitting up to three (3) arbitrators. 11- Revised Core Agreement - 2004 SARATOGA CITY COUNCIL MEETING DATE: July 7, 2004 AGENDA ITEM: ORIGINATING DEPT: PREPARED BY: DEPT HEAD: ~-~~~- SUBJECT: Resolution Ordering the Abatement of a Public Nuisance By Removal of Hazardous Vegetation RECOMMENDED ACTION: Conduct public hearing. No other action is necessary. REPORT SUMMARY: Normally this report would represent the second step in Saratoga's Hazardous Vegetation Abatement Program administered by the County Fire Marshall. This year three properties were listed on the 2004 Brush Program Commencement Report. As of June 22, 2004 all three properties have been inspected and are in compliance with the program standards. No public heartingis necessary. Attached is a letter provided by Debbie Craver, Program Coordinator, stating no abatement is necessary at this time. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: None. FOLLOW UP ACTION: N/A ADVERTISING, NOTICING AND PUBLIC CONTACT: A Notice of Public Hearing was published in the Saratoga News on June 16, 2004 as required by law. Manager's Office CITY MANAGER: ATTACHMENTS: Attachment A -letter from Debbie Craver, Program Coordinator Attachment B - 2004 Brush Program Commencement Report County of Santa Clara Department of Agriculture and Resource Management Office of the Fire Marshal CounTyGovernment Center, Fast Wing 7o West Hedding St, 7th Floor San Jose, California 95]141705 (408)299-5760 FAX: (4C~) 287-9308 June 22, 2004 Cathleen Boyer, City Clerk City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 SUBJECT: BRUSH PUBLIC HEARING JULY 7, 2004 Dear Ms. Boyer: This letter is to inform you that there is no need to conduct a public hearing to hear objections to the proposed abatement of brush. The three properties listed on the 2004 Brush commencement report have been inspected and found compliant with the program standards. As such, no abatement action is necessary at this time. Sincerely, ,~~/ae ~uu~ -~ Debbie Craver Hazardous Vegetation Program Coordinator County of Santa Clara Board of Supervisors: Donald F. Gage, Blanca Alvarado, Pete McHugh, James T. Beall, Jr., Liz Kniss County Executive Peter Kutras Jr. 0 o. u v a~i ~ .. tai O ~ ~. V ~ w O oU P. x a~ 0 N N N Op ~ ~ ~ O O ~ O O O rn rn rn R. N W F d H r~ E .. U Q d d U U U Q d Q F H H d 4 ~ ~ ~ ~ cG A a a w w w ~ x ~ ~ ~ 0 o n ~ ~ ~ ~ ~ ~ ~ w_ N~ ~ ~ ~ ~ °z ~ ~ z ~ a ~ ~ W Z F: z 3 x x H 0 z b o 0 w Q M 0 0 0 a a ~ w ~ d L: ~ ~ ~ 0 0 ~ ~ <r co ~ ~ ~ m m m '. ., '. r d OI m a N 9 O V d M J SARATOGA CITY COUNCIL MEETING DATE: July 7, 2004 AGENDA ITEM: CITY MANAGER: ~~-~~ PREPARED BY: Thomas Sullivan, AICP DEPT HEAD: SUBJECT: Appeal of a Denial of a Planning Commission decision Denying a Tree Removal Permit Appeal at 18325 Swathmore ORIGINATING DEPT: Community Development RECOMMENDED ACTION: Uphold the Planning Commission Action Denying the Appeal of a Staff Decision. REPORT SUMMARY: .J The appellant is requesting the City Council reverse a Planning Commission action upholding a Staff denial of a Tree Removal Permit application. The Appellant submitted a request to remove a mature Coast Redwood (52-inch diameter at breast height) on February 11, 2004. This request was reviewed in conjunction with the criteria found in Section 15-50.080 and was subsequently denied on February 20, 2004. The property owner submitted the appeal to the Planning Commission on Mazch 2, 2004. On Aprfl 28, 2004 the Planning Commission on a 5-2 vote denied the appeal, upholding the Staff denial of the requested Tree Removal Permit. The Planning Commission previously denied a tree removal permit for this very same tree. The Ciry Attorney determined that a sufficient number of changes had been made to the Tree Regulations to allow a new application to be accepted for processing. Sections 15-50.010 and 15-50.080 were the two principal guides used by the Staff and the Planning Commission in coming to a decision regazding the tree. 15-50.010 Findings; purposes of Article. The Ciry Council Finds that the Ciry is primarily a residential community; that the economics of property values is insepazably connected with the rural attractiveness of the area, much of which is attributable to the wooded hillsides and the native and ornamental trees located throughout the Ciry; that the preservation of such trees is necessary for the health, safety and welfare of the residents of the Ciry in order to preserve scenic beauty, prevent erosion of topsoil, protect against flood hazards and the risk of landslides, counteract pollutants in the air, maintain the climatic balance and decrease wind velocities. • To compliment and strengthen zoning, subdivision and other land use standards and regulations, while at the same time recognizing the privileges of private property ownership, the Ciry Council adopts this ordinance to establish basic standazds and measures for the maintenance, removal, and replacement of trees. Thus, this ordinance is designed to provide a stable and sustainable urban forest to preserve and protect significant historic heritage values, and to enhance the unique aesthetic chazacter and environment of this Ciry. 15-50.080 Determination on permit. (a) Criteria. Each application for a tree removal pruning or encroachment permit shall be reviewed and determined on the basis of the following criteria: (1) The condition of the tree with respect to disease, imminent danger of falling, proximity to existing or proposed structures and interference with utility services. Staff determined that the tree appears to be healthy. (2) The necessity to remove the tree because of physical damage or threatened damage to improvements or impervious surfaces on the property. Staffdeterznined that while the tree roots have buckled the driveway, there are acceptable methods of repairing the driveway without removing the tree. (3) The topography of the land and the effect of the tree removal upon erosion, soil retention and the diversion or increased flow of surface waters, particularly on steep . slopes. The topography is not an issue. (4) The number, species, size and location of existing trees in the area and the effect the removal would have upon shade, privacy impact, scenic beauty, property values, erosion control, and the general welfare of residents in the area. This tree and its companion in the front yard is a neighborhood landmark. (5) The age and number of healthy trees the property is able to support according to good forestry practices. There are otherhealthy and large trees on the property. (6) Whether or not there are any alternatives that would allow for retaining or not encroaching on the protected tree. There are alternative methods of repairing the driveway that do no require the removal (7) Whether the approval of the request would be contrary to or in conflict with the genera] purpose and intent of this Article. The provisions of 15-50.010 of the Tree Regulations do not support the removal of the tree. (8) Any other information relevant to the public health, safety, or general welfare and the purposes of this ordinance as set forth in section 15-50.010. No other relevant information has been provided at the time ofthe preparation ofthis StaffReport. (9) The necessity to remove the tree for economic or other enjoyment of the property when there is no other feasible alternative to the removal. Arguably this criterion can be met. Staff denied the application for a Tree Removal Permit principally because there aze alternative methods of repaving the driveway that do not require the removal of the tree. The attached Ciry Arborist Report supports this position. Mr. Babby has provided two alternatives for the applicant .. to consider using. Within the report the Ciry Arborist gives detailed instructions on how to 2 of 4 implement either alternative. The Arborist Report also makes a series of general directions regarding the driveway replacement. "Option One (Standard Base Course Materials) This option involves using standazd base material and would likely yield a 10- to 20-yeaz compatibility with the tree's roots growing against and beneath surrounding hardscape. Overall, this option would require the least installation tune and be the most cost-effective ° "Option Two (Structural Soil Mix.) This option involves using CU-Structural Soil as a base material. It would likely provide a longer range of compatibility (estimated at 15- to 25-years) but is more time consuming, costly and labor-intensive. It involves extracting and replacing soil around existing roots to a minimum two-foot depth so roots could grow away from the driveway surface, minimize uplift of the hazdscape and achieve the required proctor density." The Planning Commission conducted the first of two hearings on this matter on Apri114, 2004. They continued that hearing until April 28, 2004, requesting additional information from both the Owner/Appellant and the Ciry Arborist. The requested information is attached. Tree Inventory Table information • Suggested type of replacement trees • Suggested location(s) of replacement trees • Will the removal of the Redwood by the driveway negatively impact the other existing ~,,., Redwood? Can the raised curb be removed in say two years and minor root pruning be accomplished by the City without risk to the tree? The Planning Commission requested specific information to be provided by the Applicant/Appellant. • Timetable to accomplish removal and improvements. FISCAL IMPACTS: None CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: A tree that is significant to the neighborhood will be lost. ALTERNATIVE ACTION: N/A 3 of 4 FOLLOW UP ACTION: N/A ADVERTISING, NOTICING AND PUBLIC CONTACT: The matter was advertised in the Saratoga News in the June 22, 2004 edition, mailed notices were sent to property owners within 500 feet of 18325 Swathmore and it was posted on the Kiosk at City Hall. ATTACHMENTS: 1. Draft Resolution Upholding Plarming Commission Action 2. City Arborist materials 3. Materials submitted supporting the Appellant 4. Materials submitted opposing the Appellant 4of4 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA UPHOLDING THE PLANNING COMMISSION ACTION DENYING AN ADMINISTRATIVE ACTION DENYING A TREE REMOVAL PERMIT FOR 18325 SWATHMORE WHEREAS, the Ciry of Saratoga Planning Commission considered an appeal of a Staff Denial of a Tree Removal Permit a[ 18325 Swathmore Drive; and WHEREAS, the Planning Commission held a duly noticed Public Hearing at which time all interested parties were given a full opportunity to be heard and to present evidence; and WHEREAS, the appellant did not met the burden of proof required supporting said appeal, and the Planning Commission had determined the following: The proposed removal of the mature Coast Redwood is not consistent with seven of the nine criteria set forth in Section 15-50.080 (Determination on Permit) of the Tree Regulations. Only criteria #5 and #9 could be met in the affirmative WHEREAS, on June 16, 2004, following a duly noticed and conducted de novo Public Hearing at which all interested parties were given a full opportunity to be heard and to present evidence, the Ciry Council considered all testimony and evidence presented including all materials prepared by Ciry Staff, the Appellant and other interested parties and rendered its decision on the Appeal sought by Gundy Duvall for removal of a Redwood tree from 18326 Swarthmore Avenue; and WHEREAS, California Code of Civil Procedure section 1094.6 Governs any judicial review of this decision, and each applicant and each appellant is hereby notified that if such applicant or appellant intends to seek judicial review, the deadline for any such court action is not later that the 90 day following the date on which this decision became final (this decision shall become final on the date that the Notice of the Decision is mailed to the applicant and the appellant), and; WHEREAS, the City Council determined that there are alternative methods of repairing the driveway that do no require the removal. NOW, THEREFORE BE IT RESOLVED, that the appeal filed by Gundy Duvall is denied and the Planning Commission's action is upheld. The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on July 7, 2004, on the following roll-call vote, to wit: AYES: NOES: ABSENT: ABSTAIN: Ann Waltonsmith, Mayor ATTEST: Cathleen Boyer, Ciry Clerk ARBOR RESOURCES • April 5, 2004 Professional Arboricultural Consulting & Tree Care Mr. Tom Sullivan, Director Community Development Department City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 RE: CU-STRUCTURAL SOIL at the Duvall Property 18325 Swarthmore Drive, Saratoga Deaz Mr. Sullivan: I have evaluated the damaged driveway at above-referenced site to determine feasible options for its reinstallation while preserving the adjacent Coast Redwood (Sequoia sempervirens). My observations reveal the existing driveway is substandard and highly vulnerable to shrink/swell and heaving by roots. Beneath the surface, there appears to be a four-inch root and several smaller ones causing an estimated 90-percent of the visible damage. I believe these few roots could be removed without resulting in tree mortality or instability, provided the lawn and street side mots remain viable. . This letter presents two options that would achieve a reasonably high assurance of tree survival and stability, one using standazd base course materials and the other engineered structural soil mix. Recommendations are also provided for establishing a driveway setback, mitigating damage to the rolled cwb/gutter located against the trunk's base, raising the lawn grade between the lazge surface roots, and providing supplemental water. Option One (Standard Base Course Materials) This option involves using standard base materials and would likely yield a 10- to 20-yeaz compatibility with the Vee's roots growing against and beneath swmunding hardscape. Overall, this option would require the least installation time and be the most cost-effective. General guidelines for this option are as follows: • Remove the existing driveway surface. Starting closest to the trunk, manually dig all soil to the required driveway grade, which should not exceed asix-inch depth beneath existing soil grade (the approximate grade of the lawn). • At 8 to 10 inches from the trunk's base, cleanly severe all roots within the top six-inch soil layer. The freshly cut ends of roots > 1-inch in diameter should be immediately wrapped in a plastic bag secured by a rubber band. • Compact the subgrade if necessary. To help suppress futwe root growth for possibly a three- to fow-yeaz period, a root deterrent, such as Biobamer®, can be laid on the soil subgrade. A plastic barrier and/or Biobamer can also be placed vertically against the cut roots. • Install the subbase materials and compact to the required levels. . • Install a heavily reinforced driveway that is to code or stronger. ~~ .../ P.O. Sos 25295,. San Mateo, California 94402 Email: arborresources@earthlink.net Phone: 650.654.3351 • Fas: 650.654.3352 • Licensed Contractor #796763 ARBOR RESOURCES Professional Arboricultural Consulting & Tree Care Apri15, 2004 18325 Swarthmore Drive page 2 Option Two (Structural Soil Mixl This option involves using CU-Structural Soil"" as a base course material. It would likely provide a longer range of compatibility (estimated at 15 to 25 years) but is more time constmvng, costly and labor-intensive. It involves extracting and replacing soil around existing roots to a minimum two-foot depth so roots could grow away from the driveway surface, minimize uplift of the hazdscape, and achieve the required proctor density. General guidelines for this option are as follows: • Following driveway removal, prune visible roots located immediately beneath the surface using the same guidelines specified for Option One. • Extract soil beneath the entire driveway surface to a two-foot depth by manually digging or using a pneumatic air device. Roots ? 2 inches in diameter must be retained during the process (excludes those visible immediately beneath the driveway surface). • Immediately after the roots are exposed, moistened burlap sacks should be laid on the exposed roots and remain continually moist until the soil mix is installed. • The subgrade should not be compacted; however, the structural soil can be at f 90%. • The structural soil should be installed the same day it is delivered and must remain continually moist. The mix should be used beneath the entire driveway surface and will require being manually installed around roots that are retained. Equipment and/or vehicles should not travel over or pazk on exposed mots. General Recommendations These recommendations would apply to both options and are as follows: • The new driveway should be designed at least 18 inches from the trunk's base. • The rolled curb and gutter should be modified to reflect a slight bow at least six inches from the trunk's base and should be reinforced within five feet of the trunk. Furthermore, the entire length of the curb along the property should contain a lip that is two inches higher than the existing lawn grade. • The "valleys" of the lawn can be filled in using non-compacted soil or sand. Equipment and/or vehicles must not travel over or pazk on unpaved soil. • Provide water to this tree two weeks before and two weeks after the project is performed. I suggest supplying approximately 350 gallons by deep-root injection. • The removal of all hazdscape should not damage the trunk or roots. • All work should be performed under direction of an ISA Certified Arborist. Sincerely, r Davtd L. Babby, RCA Consulting Arborist P.O. Boa 25295. San Mateo. California 94402 Email: arborresources@earthlink.net Phone: 650.64.3351 Faa: 650.654.352 Licensed Contractor #79676 ARBOR RESOL[RCES Professional Arboriculturnl Consulting & Tree Care • Apri120, 2004 Mr. Tom Sullivan, Director Community Development Department City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 RE: COAST REDWOOD at the Duvall Property 18325 Swarthmore Drive, Saratoga Dear Mr. Sullivan: I have received and reviewed your letter, dated April 15, 2004, regarding the Coast Redwood (Sequoia sempervirens) at the above-referenced site. Information regarding tree size, condition and monetary value is summarized on the attached Tree Inventory Table. My responses to your questions are presented below. Tree Replacement(s) I find that one tree of 48-inch box size would be an appropriate replacement size to install in the front yard, at least 30 feet from the adjacent Coast Redwood and outside from • beneath the canopy of the neighboring Chinese Elm (Ulmus parvifolia). A suitable species includes Coast Live Oak (Quercus agrijolia), Holly Oak (Quercus ilex), Cork Oak (Quercus suber), Southern Live Oak (Quercus virginiana) or Red Oak (Quercus suber). Impacts to the Adjacent Redwood The removal of the subject tree is not expected to adversely impact the adjacent Coast Redwood. To achieve this, the removal of roots between the trunks must be limited to those found within the two pronounced mounds immediately west and northwest of the subject tree's trunk. These azeas should be marked prior to grinding. The stump and roots must be ground rather than pulled up using an excavator. Rolled Curb and Gutter Replacement I believe the existing curb/gutter could be removed and replaced at any time without significantly impacting the tree. The size and amount of roots that would require pruning need to be verified once the hazdscape is removed. Please note that the curb/gutter would be potentially subject to damage within 10 to 15 years following its reinstallation. Sincerely, ~~~.~ David L. Babby, R Consulting Arborist Attachment: Tree Inventory Table _..i ~./ P.O. Box 25295, San Mateo. California 44402 Email: arborresources@earthlink.net Phone: 650.654.3351 • Fax: 650.654.3352 • Licensed Contractor #746763 ARBOR RESOURCES Professional Arboricultural Consulting & Tree Care TREE INVENTORY TABLE ° ~ ~~ ~ d ~ q ~ .r'.-~ ~ C A ~ Q ~ bb ~ ~ c~ OE ~ ~ ~ , a~ S ~ S ~ $i ii TREE NAME F ~ Cons[ Redwood - (Se oia sem rvirens 45.1 90 40 75% 100% Good - 518,700 REPLACEMENT TREE VALUES 15- anon = 5120 24-inch box =5420 36-inch box = 51,320 48-inch box = 55,000 52-inch box = 57,000 72-inch box = SIS 000 Site: 18315 Sknrthrnore Drive, Smmoga Prepmed jm: Cvy ojSmatoga Conunm~iry Devebpmem Depmtmvnt Prepmedby: DavidL Babby, RCA April T0, 2000 MI •i M.I ~ WEST COAST • ~ Tree Care Inc. ~~ ~• QundyIUuvali ] 8372 fiwarihmorc Saratoga, CA 95070 April l2, 200:4 Rl's: 18325 Swarlhtnore, Sarato8e t)ebr Mrn. Zhtvatl, On rcbruary 5, 20041 inspected:the Soguoia sempervimns (t; creel redwcwd) located next • In the drive at the about mentipned property. The following repi,ri and recommendations arc submitted for your ~itiaideretion The extensive root system and subsequent damage to the drivewiy is quite substantial. Yo~u• ahenratives if you wish to replace the driveway arc' limited: You can eiilwr rei»ove the tree or rc!niove the roots that are causing tho problem. T da not reocrmrncnd the root mmoval optic,n as it would seriously destabilize the'troes support system attd create a hazardous and potonlial liability situation. In order to cffeclively and safely utilize your property, 1 recommend that the tree be 1'e1nOVed. if you hove any furllter yueslions rogarding this matter plcace eontdet me. $irnxrely, ' .~-z~,~ Chris Hall Certified Arbcirist #1493 ' 2845 Mocrpsrk Ave. • Seife 205 • San Josa. CA 95128 • Tel. (406) 260.2007.7eL'(408} 260-2054 • Fax-(408) 260.2009 `Id . r October 15, 2003 Good evening, My name is Gundy Duvall and I have lived in Saratoga since March 1,1968. I am proud and happy to live in our beautiful city. I stand before you tonight facing a dilemma that I cannot resolve without your assistance. My property at 18325 Swarthmore Dr. has a large redwood tree right next to the driveway, close to the sewer line, and on top of the gas line serving the whole street. The tree roots have destroyed the driveway and created a dangerous situation. I understand the City's concern for trees and their importance to the neighborhood. I agree wholeheartedly with the City, I love trees as much as anybody. Over the years in real estate, property management and being involved in rentals, I always tried every possible way to save trees, tearing out a patio that was very much damaged by tree roots and changing the layout for the new patio so that the tree could be saved. Recognizing the situation with my redwood tree, the City gave me permission to remove the tree so that the driveway could be replaced. My neighbor, Tom Corson appealed the decision to the Planning Commission and won. I was unable to attend the meeting, as I was at UCLA being treated for heart problems. Included in the package that I handed out, is a letter from Valley Concrete. Also • enclosed is a letter from PG&E. My insurance company is very concerned and I could lose my coverage. To make it short, to replace the driveway, the very large roots under the driveway must be removed. If these roots are removed there is a very strong possibility that the tree would fall and hurt or kill someone. I am sorry but I cannot live with that thought. if the driveway is not replaced, it is only a matter of time before someone gets hurt. I have lived with this thought day and night for months and I hope and pray that you and the City will give me your answer before anything happens. Thank you very much for allowing me to speak. Please help me. • October 9, 2003 ~~dY 18325 Swarthmore Drive Saratoga, CA 95070 Re: Concrete Evaluation // ( ~/ . -~ / ~~ ~ oncrete, ~nc. Valley Concrete, Inc. has been in business since 1978 and specializes in residential concrete work. We do a variety of finishes, including: broom, exposed, salt, brick, stamped, and pavers. On October 7, 2003, I came out to yow property located at 18325 Swarthmore Drive in Saratoga, to evaluate your damaged driveway. yow driveway has major damage caused by the roots of a tree that is located next to the driveway. These roots have lifted the concrete and caused it to crack, separate and deteriorate. At this time your driveway poses a major tripping risk, which could result in a lawsuit and does not fit in aesthetically with yow neighborhood. Suggestion: 1. Replace the concrete, in the conventional sense, by removing al] of the surface roots, re-grading the soil and placing back the concrete at a uniform level. However, this suggestion may cause the tree to, 1) become weak and fall during a winter storm, and 2) become weak and die, or 3) regenerate the surface roots and re-damage (^'^,yow new driveway in a very short time. ~~ 2. Remove the existing driveway and replace with pavers blocks. This can be done without disturbing the root system. The pavers, with sand base, would be floated over the top of all the existing roots. However, since the surface root system would still exist, approximately once every year it would be necessary for Valley Concrete to return and re-level your driveway. This would require us to pull out any effected pavers, re-doing the sub- base and then re-set the pavers back into the driveway. This would cost an additional $1,000.00 - $1,500.00 / year. Of cowse, this suggestion is very temporary. After a few years the roots would completely outgoes the possibility of maintaining a usable driveway. The driveway would be completely uneven and create just as much of a tripping hazard as it does presently. It is my professional opinion that the only way to replace yow driveway properly, to rid you of your tripping hazard and potential lawsuit(s), and to make your driveway aesthetically pleasing to the neighborhood it will necessary to completely remove the tree next to yow driveway. Otherwise any and all repairs will only be temporary. if you have any other questions, please call me at 408-287-6091. C CUSTOM CONCREq Thank you for your time and consideration. ~ wOltK FREE ESTIMATE ogcrete,' nc t;~„3078 Sincerely, Fsr. 1978 NICK SAIAMIDA ~ President rck Salamida to2o Ruff Drive . san)ose ~ ca 95174]6]3 Owner/President Phone: (408) 287-bo9~ .Fax: t40B~ ~~ www.valleycoraete.com 1020 RUFF DRIVE SAN JOSE, CA 95110 (408) 287-6091 FAX (408) 287-6095 LICENSE #603078 ' MARK BEAUDOIN LANDSCAPE ARCHITECT A.S.L.A. CERTIFIED ARBORIST W.C. 1050 P.O. BOX 2032 SAN JOSE,CALIFORNIA 95]09 TELEPHONE (408) 395-2862 - . TREE REPORT GUNDY DUVALL 18325 SWARTHMORE SARATOGA,CALIFORTTIA ON JULY 7, 2003, I INSPECTED THE LARGE 42 INCH DIAMETER COAST REDWOOD (SEQUOIA SEMPERVIRENS} AT THE 18325 SWARTHMORE ADDRESS IN SARATOGA, CALIFORNIA WITH THE FOLLOWING FINDINGS: 1 }THE TREE IS A HEALTHY SPECIMEN PLANTED IN THE WRONG LOCATION. 2} THE TREE IS LOCATED ONLY 2 FEET FROM THE DRIVEWAY INTERSECTION WiTH THE STREET AND BLOCKS DRIVER SIGHT LINES AND ALSO HAS DESTROYED A $5000 DOLLAR DRNEWAY CREATING PEDESTRIAN TRIPPING HAZARDS. 3 }THE TREE IS 12 INCHES FROM THE STREET GUTTER AND HAS RAISED THE GUTTER PREVENTING WATER FLOW AND HAS CAUSED UNSANITARY PONDING OF WATER UPSTREAM FROM THE DRIVEWAY AND PROVIDES A BREEDING AREA FOR MOSQUITOS. 4}THE TREE IS PLANTED DIRECTLY OVER A GAS MAIN AND COULD BREAK THE MAIN CREATING ANOTHER POTENTIAL HAZARD TO THE NEIGHBORHOOD. 5} THE TREE IS PLANTED VERY NEAR TO A SEWER LINE AND MAY CAUSE DAMAGE AND BLOCKAGE TO THIS LINE. 6} IF EXISTING DAMAGE IS REPAIRED WITHOUT TREE REMOVAL, THE TREE WILL CONTINUE TO EXPAND IN DIAMETER AND SIZE AND WILL REPEAT DAMAGE ON AN INCREASINGLY FREQUENT CYCLE. BECAUSE THE TREE IS SO CLOSE TO INFRASTRUCTURE, THERE IS NO WAY TO PREVENT THIS REPEATED DAMAGE. THE BEST SOLUTION TO ELIMINATE THE PROBLEMS CREATED BY TH1:5 REDWOOD TREE IS TO REMOVE IT AND REPLANT ANOTHER REPLACEMENT TREE IN A BETTER LOCATION. ]F THERE ARE FURTHER QUESTIONS ON TH1S REPORT; PLEASE CALL ME AT 408-395-: ~: OR MY CELL PHONE 656-3580. SINCERELYYOUR,_S. ~ ~ ~Q~~~ ~~ ~ V ~.J +~ E~Q~3G05 J Good evening, My name is Drew Kelly, and I am a friend of Gundy Du Wall. For the past month, I have been assisting Gundy in her attempt to remove the redwood tree and replace the driveway on her property at 18325 Swarthmore Drive. We met with Tom Sullivan, and he suggested that concrete pavers could be used to replace the existing driveway. Gundy has met with 2 contractors. The first indicated that they would be unwilling to install a replacement driveway because tree roots would cause future damage and the driveway would need replacement in a few years. The contractor did not want to install a new driveway because of obvious liability issues. The second contractor, Valley Concrete, has provided a letter that is attached to Gundy's handout package. Nick Salmida, founder and owner of Valley Concrete has indicated that $1,000 to $1500 per year would be required to relevel the pavers due to ongoing lifting caused by the roots. Periodically, the driveway would have to be raised and replaced due to new root growth. Nick Salmida states that installation of a paver driveway would only be a temporary measure because of the ongoing growth of this redwood tree. The city now controls trees that are be planted in street areas. A homeowner would not be allowed to plant a redwood tree three feet from a driveway, a curb, .and a gutter. Additionally a homeowner would not be allowed to install this tree directly over a gas main serving the neighborhood and adjacent to the sewer service. Planting of a tree at this location 50 years ago was a major mistake. _. The person who planted this tree did not consider the long-term consequences of planting a redwood tree that would continue to grow in size for hundreds of years. The city staff concurred with the recommendation from an arborist that this tree should be removed to prevent ongoing damage to the street and driveway. Gundy was at UCLA with heart problems during the Planning Commission meeting that resulted in the denial of permission to remove this redwood tree. I request that Gundy have a chance to be reheard by the City of Saratoga and that new evidence indicating that concrete pavers are not a viable repair option be heard. I join with Gundy in requesting that the City of Saratoga reconsider and allow Gundy to remove the tree, replace her driveway, and restore her property to a safe condition. Pacific Gas and Electric Company August 19, 2003 GUNDY DU VALL, 18372 Swarthmore Dr. Saratoga, Ca. 95070 Dear Gundy, Thank you for drawing our attention to the large redwood tree adjacent to your driveway and curb at 18325 Swarthmore Dr. in Saratoga. In addition to the damage done to your driveway, and the cites curb, the gas main is being placed at risk. The 2" diameter steel pipeline, which serves the adjacent neighborhood, was installed in 1956 and runs immediately under the trunk of this tree.. Long-term damage done by the tree roots or a catastrophic tree failure could cause a rupture of the gas pipeline. . This tree should be removed to repair the existing damage, and to prevent reoccurrence. It is obvious that whoever planted this tree did not consider the long-term impact that a full-grown redwood tree would have if planted immediately over a pipeline and adjacent to a concrete driveway and asphalt street. After removal of the tree, and prior to stump and root grinding, PG&E will need to temporarily cut off the affected pipeline so that stump grinding can be competed safely. PG&E work should be completed prior to driveway replacement, as some of our excavation work will be in the driveway and we would not want to damage new concrete. Upon city approval of the tree removal, please contact me at (408) 725-2143 so that we may coordinate our repair activities. vlX/"' Drew Kelly P.E. Division Gas Engineer -'' April 20, 2004 Remove & dispose of tree & roots, stump grinding, removal & disposal of existing driveway concrete, preparation of driveway base/form construction, to pour & finish the new driveway. Approximately 60-90 Days Sincerely, Adelgunde Duvall 18372 Swarthmore Drive Saratoga, CA 95070 (408) 379-4413 City Of Saratoga Mr. Tom Sullivan, AICP Community Development Director 13777 Fruitvale Avenue Saratoga, CA 95070 Re: 18325 Swarthmore Coast Redwood Dear Mr. Sullivan, In your letter dated April 15, 2004, you stated that the Planning Commission requested a timetable for the tree removal and driveway repairs if permission of removal is granted. The timetable is subject to adverse weather conditions or any unforeseen issues and based on the contractors current work load: Be assured that it is my endeavor to complete this project as quickly as possible in order to remove the current unsafe conditions. Thank you for your consideration and time spent on this project. w ~; Hand delivered ISIy~II U LS APR 2 0 2004 CITY OF SARAiOGA '"MIMrN nFVCI n~~ Time/Date 1i A. Duvall ~~~~®~ t• ~ . Tree Health • Professionals, Inc. EVALUATION OF ONE COAST REDWOOD TREE @ 18325 SWARTHMORE DRIVE SARATOGA, CALIFORNIA Prepared at the request of: Ms. Gundy Duvall 18372 Swarthmore Drive Saratoga, CA 95070 Site visit by: Gil Mitchell, RCA ISA Certified Arborist Apri127, 2004 April 28, 2004 A AS A CA ]37 E. Hamilton Ave., Suite 20] Campbell, CA 95008 (408) 929-3040 Fax (408) 871-0284 ../ .../ .• EVALUATION OF ONE COAST REDWOOD TREE @ 18325 SWARTHMORE DRIVE, SARATOGA, CALIFORNIA April 28, 2004 Page 2 of 3 Assignment To evaluate the damage that one coast redwood (Sequoia sempervirens) tree's root zone has done to the contiguous street, curb, and driveway. The tree is located in the front yard and directly adjacent to the street, curb, and the driveway. The tree was evaluated from the ground and was not climbed. Swarthmore Drive is oriented East-West for the purposes of this report. Summary This species of tree should never have been planted so close to the driveway and the street. The tree creates an unsafe environment for bicyclists and pedestrians who happen by when a vehicle is backing out of the driveway. The roots from the tree have damaged the concrete curb, the asphalt street, and the concrete driveway. In order to mitigate the damage, which would include rebuilding the curb, street, and driveway at their original soil grade, I expect that one to three buttress roots will be damaged and/or removed. This will adversely affect the health and the stability of the tree. In which case, I suggest that the tree be removed. Photographs Six photographs (Photo #1-#6) are included with this report and are provided as visual aids to support the observations and conclusions. Roots & Pavement Soils under driveways and streets are usually compacted to remove 90.95 percent of the pore space. Soil of this nature is not conducive to root growth. Roots are more likely to damage curbs, streets, and driveways (1) because of the compaction of soil that is necessary to sustain the weight of vehicles that travel over or park on these surfaces. On the other hand, root development can be remarkably different in deeply irrigated lawn. Using pervious pavers is now preferred for driveways that are directly adjacent to existing trees but the problem in the case of the client's tree is the amount of roots that will need to be removed in order to lower the surface of the street, curb, and driveway such that there is adequate drainage. I believe that the amount of excavation, and the method of excavation, that would need to be done to install pavers, concrete, and/or structural soil would significantly damage the root system of this tree. Specific Observations The tree is located in the front yard and directly adjacent to the street, the curb, and the driveway. The tree is approximately 90 feet tall and has a trunk that measures 46 inches in diameter (photo #1). The tree has an irregular foliar canopy with virtually no branches originating on the southeast side of the tree. The slope of the street runs downhill from west to east. The raised portion of the curb and street, which has been created by at least one buttress root, has changed the grade such that water puddles create a "lake" in front of the client's property that is several inches deep (photo #2). The curb at this location appears to be at least four inches above the original soil grade. Visible damage to the street and curb are found adjacent to the tree and out to eight feet south of the edge of the trunk, and six feet to the east and west along the curb (photo #3, #4). Damage to the driveway is up to 14 feet up the driveway and towards the house (photo #5) from EVALUATION OF ONE COAST REDWOOD TREE • Q 18325 SWARTHMORE DRIVE, SARATOGA, CALIFORNIA Apri128, 2004 Page 3 of 3 the edge of the tree. The damage, shown as the upheaval of broken concrete (photo #~, has affected the drainage pattern of water flowing away from the garage and towards the street Mitigation Of Damage There are two issues when mitigating the damage created by the roots of the coast redwood tree. The first issue would be correcting the drainage problems that now exist in the street In order to do this, the street will need to be surveyed, the existing curb and street removed within a six to eight foot radius from the tree, then roots removed along with the subsurface material followed by the construction of a new portion of street and curb. I believe in order to do the replacement the contractor would have to go at least eight to 12 inches below the existing grade which will create major damage to at least one buttress root The second issue would be replacing the driveway. The new driveway needs to be surveyed and then placed such that water will flow away from the garage and out to the street This will affect an area with a radius of at least 14 feet from the trunk of the tree and up to eight inches below the existing soil grade. I believe replacing the driveway would cause major damage to one to two buttress roots. Conclusions This species of tree should never have been planted so close to the street and the driveway. Given the upheaval of the concrete and asphalt, and the taper or slope associated with the upheaval (photo #2, #3, & #5) of the curb and driveway, I suggest that one buttress root is creating the • damage to the curb and street, and one to two buttress roots are creating damage to the driveway. In order to repair the damage to the street, curb, and driveway, which would include replacement at ~/ their original soil grade, would cause irreparable harm to the root system of the tree. Which in tum would affect the health and stability of the tree. Given that the roots would be removed on the windwazd (during storms) side of the tree I suggest that an unstable tree could be the result I suggest that the tree be removed. Respectfully submitted, Gil Mitchell, RCA ISA Certified Arborist Enclosure: Statement of Limiting Conditions Photographs Literature Cited 1. Harris, Richard W., ARBORICULTURE, Second Edition, PRENTICE HALL, 1983. Page 5()4-505. Tree Location: 18325 Swarthmore Drive, Saratoga Photo #1 ' Tree Location: 18325 Swarthmore Drive, Saratoga ,..s Photo #2 • Tree Location: 18325 Swarthmore Drive, Saratoga Photo #3 . Tree Location: 18325 Swarthmore Drive, Saratoga Photo #4 • J Tree Location: 18325 Swarthmore Drive, Saratoga Photo #5 J Tree Location: 18325 Swarthmore Drive, Saratoga _ Photo #6 • ,, - MARK BEAUDOIN LANDSCAPE ARCHITECT A.S.L.A. Arborist-International Society of Arboriculture `~ C.A.P.C.A. Pest Control Advisor P.O. Box 2032 • San Jose, Celifornie 95109 Telephone (408) 395-2862 TREE REPORT GUNDY DUVAL 18372 SWARTHMORE DRIVE SARATOGA,CALIFORNIA 95070 RE:COAST REDWOOD AT 18325 SWARTHMORE DRIVE SARATOGA,CALIF. DEAR GUNDI, ALMOST A YEAR HAS PASSED SINCE I FIl2ST REVEIWED THE COAST REDWOOD NEXT TO THE DRIVE WAY AT 18325 SWARTHMORE DRIVE. THE UPLIFTING OF BOTH THE DRIVEWAY AND CITY CURB AND GUTTER HAS CONTINUED SINCE THE TREE IS CONTIN[JING TO GROW AND EXPAND IN DIAMETER. I AGAIN EMPHASIZE THAT THE TREE IS A FAIRLY HEALTHY SPECIIvffiN PLANTED BY MAN IN THE WRONG PLACE WHERE Tf IS NOT ONLY NON-NATIVE BUT IS MUCH TOO CLOSE TO INFRASTRUCTURE THAT WII,L CONTINUE TO BE DAMAGED OVER TIME. I UNDERSTAND YOUR CONCERNS THAT THE TREE WILL CONTINUE TO CREATE TRIPPING HAZARDS FOR PEDESTRIANS,COSTLY REPAIIiS, AND MAY POSSIBLY FALL ON PEDESTRIANS OR NEARBY STRUCTURES. HOWEVER, IF THE THE CITY OF $ARATOGA INSISTS ON THE TREE REMAINING, DAVID BABBY FROM ARBOR RESOURCES HAS TWO GOOD OPTIONS FOR REPLACING THE DRIVEWAY AND DOING HIS BEST TO PROTECT THE TREE'S ROOT SYSTEM. IF YOU CAREFULLY FOLLOW ARBOR RESOURCES AND THE CITY OF SARATOGA'S INSTRUCTIONS REGARDING THIS TREE AND FUTURE DAMAGES OR INJiJRIES OCCUR FROM THE TREE, I BELIEVE BOTH ARBOR RESOURCES AND THE CITY OF SARATOGA WILL RECOGNIZE THEB2 PROPER LEVEL OF RESPONSB3ILITY. I APPRECIATE THE BEAUTY AND MAJESTY OF COAST REDWOODS IN THEIR NATIVE ENVII20NMENT ALONG THE CALIFORNIA COAST WHERE THERE IS A GREAT DEAL OF MOISTURE FROM. HEAVY RAINS AND SUMMER FOG PLUS ADEQUATE ROOM FOR THEB2 LARGE ROOT SYSTEMS AND TRUNKS TO EXPAND. EACH EVENING, I VEIW SEVERAL THOUSAND MUCH HEALTHIER COAST REDWOOD SPECIMENS FROM MY REAR DECK AS THE SUN SETS BEHIND THEM. IF YOU HAVE FURTHER QUESTIONS, PLEASE CALL ME AT 408-395-2862. SINCE LY YOURS, ~~~,~- BEAUDOIN Adelgunde Duvall 18372 Swarthmore Drive Saratoga, CA 95070 (408) 379-4413 April 20, 2004 City Of Saratoga Mr. Tom Sullivan, AICP Community Development Director 13777 Fruitvale Avenue Saratoga, CA 95070 Re: 18325 Swarthmore Coast Redwood Dear Mr. Sullivan, In your letter dated April 15, 2004, you stated that the Planning Commission requested a timetable for the tree removal and driveway repairs 'rf permission of removal is granted. The timetable is subject to adverse weather conditions or any unforeseen issues and based on the contractors current work load: Remove 8 dispose of tree & roots, stump grinding, removal & disposal of existing driveway concrete, preparation of driveway base/form construction, to pour & finish the new driveway. Approximately 60-90 Days Be assured that it is my endeavor to complete this project as quickly as possible in order to remove the current unsafe conditions. Thank you for your consideration and time spent on this project. Sincerely, ~' 9. l> S~'~-. ~-~v~- ~1J'Slt~~~~ ~, A. Duvall APR 2 0 2004 'U'i CITY OF SARA"r(x]A ~`~MIMrI'V nFVSi n~~ Hand delivered TimelDate ~~~U®~ ~~ Pacific Gas and Electric Company August 19, 2003 GUNDY DU VALL, 18372 Swarthmore Dr. Saratoga, Ca. 95070 Dear Gundy, Thank you for drawing our attention to the large redwood tree adjacent to your driveway and curb at 18325 Swarthmore Dr. in Saratoga. In addition to the damage done to your driveway, and the citys curb, the gas main is being placed at risk. The 2" diameter steel pipeline, which serves the adjacent neighborhood, was installed in 1956 and runs immediately under the trunk of this tree. Long-term damage done by the tree roots or a catastrophic tree failure could cause a rupture of the gas pipeline. This tree should be removed to repair the existing damage, and to prevent reoccurrence. It is obvious that whoever planted this tree did not consider the long-term impact that a full-grown redwood tree would have if planted immediately over a pipeline and adjacent to a concrete driveway and asphalt street. After removal of the tree, and prior to stump and root grinding, PG&E will need to temporarily cut off the affected pipeline so that stump grinding can lie competed safely. PG&E work should be completed prior to driveway replacement, as some of our excavation work v~ill be in the driveway and we would not want to damage new concrete. Upon city approval of the tree removal, please contact me at (408) 725-2143 so that we may coordinate our repair activities. Drew Kelly P.E. Division Gas Engineer Ap-p 15, 200~F lNl: ;'hor7tae3Caaw+ 18~i7 ~var'thmore ~, ~ ~ 5aretoge, CA 86VI0 Dear Nk. Corson. My name is Yang ciao, and 1 oversee the gas distrbution system in your neighborhood. I was referred by Mr. Came Lowe to fellow up an your coricems regarcpn9lhe redwood trees in your arse. 1 waaid Nre 1o addressitiose coricerris ffi this tine. You inquhed about the cost d rerouting our gas facplly araxid the redwood tree kicaied ffi 18325 S1warCvriare Drive- The rekicebori wip oast appro~dmaiely S15,OOg, given the signifi~tt onset tetpiiled to dear the tree Wools. tiorvever, PG&E does rxA recommend terwikig ffi this tune. Aptwiit#i it w ncR a desired scenario t3a have~a redwood tree above our gas magi tip #ie Pal risk, R does not Fovea an immedisse ttaaard tD the ptibpG Qut Paled records show rio indication sftould thethe ooriditions ins, and we wip oorairiue to monsor ttie sitiwtion .and lefts cnrre we will P-epere a detailed diarige. K you still wish to iii"tisss this reloratiori riav, Please cost estimffie and design. . You also expressed carioarris about a tree poss~ily inpe~ding the gas pne ffi you residerge, 18337 SNarltxnore thive. UFxxi irrspaction. we have determined thffi there is rw corrf6d between the tree on y~ property and our gas Ins given fhe adequaBe sepere6ori. ARiougft ~ root striidue .may enpoedi on our taclGty, it shook! nol present a pomritiei risk lest assured PGB~E ~ conMxie eo morator the ir~egrity of its faripties and take appropriede action to ensure safe and reliable energy depveryto ps dislomers. ~~~~ Yang Xiao, PE G~ plan F_rtgineer a Ails. Gandy DuVap 1J) ~~~~~~ II, IunD, APR 21 2004 U CITY OF SARATOGA "~MIINnY nFVFi n^^ ~. ~~~QQS l April 28, 2004 J Hello, my name is Drew Kelly, and I am a friend of Gundy Du Wall. I work for PGBE and am normally the Gas Distribution Engineer responsible for the Western Santa Clara Valley. I am a registered Mechanical Engineer in the State of California. I wrote one of the letters from PGBE which is included in the package just handed to you on Gundy's behalf. I would like to clarify a point. There has been some concern that as a friend of Gundy Du Wall, that I should not have authored this letter for PGBE. At the time that I wrote this letter, I had not met Gundy Du WaII, but I had talked to her twice briefly on the phone. Consistent with my normal responsibilities for PGBE, I provided this letter to Gundy. Subsequently, I became a friend of Gundy,'and as her friend, I stand here today. The redwood tree that we are discussing is a beautiful tree that was planted in the wrong location. To date the tree has: Destroyed Gundy's driveway • Raised the city curb and street • Prevented proper drainage by the city gutter • Caused large ruts in Gundy's front yard Future growth of this tree will: Destroy replacement driveway{s) Block the sewer line serving this home and prevent simple repair or replacement J . Cause further damage to the street • Infringe upon the width of the street and driver visibility The opponents of Gundy's application allege that her lack of maintenance is to blame for the damage to her driveway. There is no maintenance that Gundy could have performed or can perform that will prevent damage caused by the inevitable growth of this tree. I would like to add the following points: • Redwood trees are not native to the Santa Clara County valley floor. Economic access to Gundy's home is prevented by the presence of this tree. tf the Planning Commission denies permission to remove this tree, it inadvertently sends the following messages to property owners in Saratoga. • Don't plant trees that will become large and ultimately be subject to city jurisdiction. Cut down any trees approaching the size criteria established by Lhe city ordinance. These unintentional messages are contrary to the ultimate goat of preserving the scenic beauty of Saratoga. Thank you for considering Gundy's request to remove this tree. v ~~~ We, the undersigned, do hereby request that the Planning Commission, City of Saratoga, and/or any other governmental entities so empowered, grant the request of Mrs. Gundy Duvall, who is the owner of the property Imown as 18325 Swarthmore Dr., Saratoga, California, 95070, to remove the Redwood tree located on the southeast corner of the lawn at said address. It is readily apparent this tree is creating huge problems in the driveway, lawn, and curb areas. The potential hazards, thus liabilities appear numerous, and real. We concur with Mrs. DuVall's assessment that removal is the only logical and sure choice to alleviate said hazards and liabilities. ~ NAME ~ ~~ ~ (`;~;~ ~h ~- 5u ~~1~~>~ ~ S`~ -~, d~~.~ 2ek~~c sG ,' .~/ 1 ~~~3 ~~44Z 1~~~3 ~cq &~~~ r` ~. fl i CS _: T U ~nL~~ ~~ ~~ ,'i.J is y r ~V~ ~> fi~ ~~~~ ~~~ ~'~r~~~~ ~' ~. - % ~J~- . tee. , A~~ . I D 7 O ~ ~~rn.PO lr.J'~ %~INC~ ~~~~~ ~ t ~~~~ ~v~ ~~~ ~~~ ~' ~~~~ ~ 8~~ 8 iC~~~~;~- ~ . ~ ~ `~~ ~cC~~ ~~ / x'39} /w c c~~l ~v'~ l~"U ~' ~~i~,r~~-~%~ ~~ ,~', I~ ~~ Sv~~-I-1~ ~~ ~. ? ~~'fi3~ ~~ ~~,~,1~ i~ ~~ j ~ ~ ii a l:%c~~~~+~ce- Q ~- .~, ~./ I1,~~-~a ~ ~ 1 cat A !~ j ~ - -~zG6~rie~(e~c~ S~I~r J (` r. i std C.~ ~~ `~, ti ft !F `~ ~1 wv~.~ iti~ '.~ S~ is~ E3`s?: ~t1uo RJEr~.nn ur~-z ~'~~ 0 1 ~ ~k ~Gi~ ~ v~ ~JGId~ ~ ~~A~~ ~C~ r<<t~n J °~ ~~~ ~ `ti ~~ _ r1 U ~,~y ' x$300 "~,,Rv~l~ --~~_ l S a~ ~ ~GeJVx S t~x t~''C rt ~ ~~36a Sw~-TnMOV'~ ~ 183~~4 Cl~e~,so~, ~V~ln~-e, ~~~rz Z c (<<~so~, A~~ ~ P K~ I ~Z ~~ ~~~ ~~- ~~3~~ ~ya~-. l K39(c t~U~c~e ~~ , ,; l X3(0 3 ;/~,t1 G'~t~c.e dyLu~ U April 2s, 2004 City of Saratoga Community Development Department 13777 Fruitvale Avenue Saratoga, CA 95070 ,~~ ~(~~pw~ia ~~ u~ APR 2 6 2004 ~~ CITY OF SARA ~ Vun ~`"MIMnYnicV;ci n~• RE: Application #03-140 (403-27-030) Appellant DLIVALL, Site Location 18325 Swarthmore Dr. -Appeal of an Administrative Decision to deny a tree removal permit Dear Council Members: I am not able to attend the meeting regarding the above-mentioned public hearing and hereby request that you regard this with as much credibility as if I were able to present my feelings in person. I reside and own, with my husband and children, our home at 18252 Swarthmore 'Drive. The people that owned the property in this area prior to development, the Ballard, Ross, McCoy and Arguello families, farmed these sections of land and at some point in time decided to sell their land to create Sunland Park. In 1956 when this neighborhood was developed and my family moved in (I was only 4;years old at the time), hundreds of apricot, plum and walnut trees were removed in order to make room for this housing development. Since that time, hundreds of trees have been planted and have grown to make this a very desirable Saratoga neighborhood. Also, every year numerous trees have been removed and new landscaping installed and this neighborhood still maintains a green atmosphere and robust with trees. It is evident that the subject tree has created an unsafe condition and liability for the habitants and homeowners as well as the neighbors. There appears to be damage not only to the yard and driveway, but to the gutter and city street. Obviously there could be other unseen damages possibly to the sewer, water lines and foundation of the home. sp reasonable about the demands being placed on the homeowners. I ask that you allow the removal of the tree and that the homeowners replace it with an appropriate tree or landscaping of their choice...and not be required to replace it with the full value of the tree. I think this neighborhood has done well without much policing during the last 48+ years and I have faith that an appropriate replacement will take place. I also ask that the City take into consideration what their liabihy may be with regard to the condition of the gutter and the street as it certainly has created street flooding and could have other unknown liabilities. Let' s are the homeowners the costs of long drawn-out root blocking. Let's be I look forward to hearing a favorable decision. R spectfull , ~ ~~-y rson - /~G~ ] 8252'Swarthmore Dr. Saratoga, CA 95070 408-866-4776 'tihoma~ Ni CorseR 18337 bl~rifurwre Drive sarefogq c~~,ie 9eo7o (408) 3705910 February 23, 2004 Mr. Robert Gynn .{r. Chairman PGB~E Corp. One Market, Spear Tawer, Suite 2400 San Francisco, CA 94105 Dear Mr. Glynn: I am writing to you about a matter of utmost importance b our neightxxtrood. Reoerrtly. one of your empbyees went before the Saratoga City Cour>cil and, stating that he represerrted PG&E, asked them to cut down a 50-year-old 100-fioot tall heritage redwood on our sU+eet. I have attached the two letters that he gave the ~Y. M the first he derma to your company (on its letterhead) and states that the tree 'could' darrrage year gas rtrain in the event of 'c~tasbophic tree failure" (whatever that is). In the aecarrd, he states he is the applic~nt/landbrd's'friend", and goes irrto personal details of her healtl~ problems and vario~ other things irrelevant to PG&E or its gas main. Certainty, nothing that 1 would expect from a professional from your company wane I m call and ask fir advice about potential oonfGcx between a tree and your main or lines. I am U~enefore writing to you on behalf of rrryself as weA as my rreigfrbors Ole tare, t.isa Lara, Dan Mercado, Mary McGuire, and Karl and Linda Clemons. 1 read on your website that 'PG8,E is committed to the environment, from dean-air vehides to the redwood forests.' Vlfe hope this is true Tor our redwood as well. K is the largest tree le4t in our Surdand Park neighborhood. The harm to our neighborhood from the bas of this bee would be immeasurable. We had. in fact, saved it. We had taken the matter beiiore the Saratoga Planning Commission and, in what we were field was a final derision, they voted 5-1 1b keep tt. Youf empk>yee then went before the aty council and, based OR his represerrtatiorrs about the main, they oonduded that a gross injustice had been done, that the neighborhood was indeed in danger, and have now put us on notice that the tree will lx3 destroyed. This will oaa,rr in a matter of a few days. We have the following questions and requests: 1. Does Drew Kelley indeed work far PG&E and is this indeed your company's position? 2. The letterhead he used contains any a PGBE logo without any address, phone number, or anything else that I am used to seeing on a lettert>ead. ft looks very odd to us. was this written on youroompany's stationary? 3. The property in question has another huge redwood just adjacerrt to the one in question and equally pro~6mate to your gas main. 1 live next door and have a similarly situated redwood as well. Why is PGBE oat insisting on their des6'uCtion? For that matter, why are we not cutting down all of the trees in Saratoga that live' near the gas main? Paps2 Fetxuery24, 20QM1 4. ff Mr. Kelley's letter does, in ~, represent your aompanys positiaon, on what is it based? What is 'Catastrophic tree faire"? What evidence is there that this fee has • done anything at all to the gas mairYt T 5. The main is, according UD Drew Kelley's let6er, ahrtost 50 years oki (which is well beyond its useful life, I believe). He further states that service to the street wid have ip be cut odrto aNow the tree to be cut down. Lea Lava called your company and was told that mrnrirlg the n~in wee relatively easy. In the spirit of the errvironmerrtaf and community-related pdicies stated on your webeibe, Ls there nothing that you cart do b help us save our tree? Youraompany's tiuebsite states the tolio+wing (emphasis added). E.d.o....d fAefes Pacific Gee and Electric Compenys policy is to bean by a~rp ~, eoonomicel and reliable products and services n e responsible and .Done more ao Uret our irngact on the errvironnrerd h leas dives us b adopt new tedvalopiea, improve our erwaorrnerbal rtl8negement partioes, mild strorw flea vdtl- lorxl eorrrrraitlsa. reads out tb atekeholders to address challenges and mute m the devebprt~ent of public pofidea>f~ raise the bar for our nduegr- ConrrraMl4r Pacific Gas and Electric Company is 19,000 people corrsrrit6ed tiD grofecUrrn the ernrironmerrt and serving tlrs oorrrrsr~ In which wa Mve and aoarata. The ctity has indicated that they will be issuing a permit to cut down the tree in a matter of a few days, so time is of the essence. The bss of this tree (especially under these arrcxlmstanoes) would be tragic. In the spirit of the above we ask you to pl~se beoorne a part of the sdution and help us save our redwood. Sincerely, Thomas W. Corson _ ~.,~ GUNDY DU VALL, 18372 Swarthmore Dr. ` Saratoga, ta. 95070 August 19, 2003 Dear Gundy, Thank you for drawing our attention to the large redwood tree adjacent to your driveway and curb at 18325 Swarthmore Dr. in Saratoga. In addition to the damage done to your driveway, and the city's curb, the gas main is being placed at risk. The 2" diameter steel pipeline, which serves the adjacent neighborhood, was installed in 1956 and runs immediately under the trunk of this tree. Long-Seam damage done by the irEe noorts ~ a cetastropSnc~ free failure could cause a rupture of the ges pipeline. This tree should be removed to repair the ebsting damage, and to prevent reoccurrence. ~,,,, tt is obvious that wF-oever planted this tree did not consider the long-term impact that a full-grown redwood tree would haverf plamed immediately over a pipeline and adjacent to a concrete driveway and asphalt street After removal of the tree, and prior to stump and root grinding, PG&E will need to temporarily cut off the affected pipeline so that stump grinding can be competed safely. PG8E work should tx completed prior to driveway replacement, as some of our excavation worts wi8 be in the driveway and we would not want to damage new concrete. Upon city approval of the tree removal, please contact me at (408) 725-2t43 so that we may coordinate our repair activities. ~ l.(/"' Drew Kelly P.E. Division Gas Engineer • Good evening, MY name is Drew Kelly and 1 am a friend of Gundy Duvall. For the past month, I have been assisting Gundy fi her attempt to remove the redwood tree and replace B fireway on her property at 18325 Swarthmore Drive. We mat witlt Tom G11 and he suggested that concrete pavers could be used to replace the existing driveway. Gundy fias met with 2 contractors. The t3rst indicated that they would be unwilling m install a replacement driveway because tree roots would cause a major maintenance prottfem and the driveway would need replacement in a few years. The coniractor did not want to install a new driveway because of obvious liability issues. The second contractor, VaNey Concrete, has provided a letter; which is attached to Gurxty's handout package. Nick Selmida, founder and owner of Valley Concrete has indicated that $1000 to $1500 per year would be required to relevel the pavers due m ongoing ifftirq of the pavers. Periodically, the dfireway would have to be raised and replaced because of new root growth. Nick Salamida states that installation of a paver driveway would ony be a temporary measure because of the ongoing growth of this redwood tree. The city now controls trees that., are to tie planted in street areas. A homeowner would not be allowed to plant a redwood tree three feet from a driveway and a curb and gutter. Additionally a homeowner would not be allowed to install this tree directly over a gas main serving the neighborhood and adjacent to the sewer _service. Planting of a tree at this location 50 years ago was a major mistake. The person who planted this tree did --ot consider the long-term consequenosa of planting a redwood tree that would continue to grow in size #or hundreds of years. The city staff concurred with the recommerxiation from an arborlst that this tree should tie removed to~prevent ongoing damage to the street and driveway. Gundy was at UCLA with heart problems during the Planning Commission meeting that resulted in the denial of permission to remove this redwood tree. I request that Gundy have a chance to t)e reheard by the City of Saratoga. and that new evidence indicating that concrete pavers are not a viat~le .repair option be heard. 1 join with Gundy in requesting that the City of Saratoga -ecor-sider and allow Gundy to remove the tree,., replace her driveway, and restore her property to a safe condition. Maroh 4, 2004 Mr. Thomas W. Cason 13337 SvvaRhmore Orive Saratoga, CA 95070 Dear Mr. Corson: This is in response ro your letter of February 23, 2004 ro Robert Glynn, Jr., regarding a neighborhood redwood tree and possible conflict with our gas pipeline faality. ea ea X79999 9n rrKaegG 9117/ Our certlpany is sensttire to your concerns regarttirg the preservation of the tree. 11Ve [lave reviewed the information you provided and also reviewed what occurred intemaAy. Your lelb9r focused on two areas of concern: (1) does the tree klceted at 18325 S1Narthmore lhive Pose a risk to our pipeline? and (2) was PG&E represented at the October 15"', 2003 Saratoga City Council Menting? PG6E is concerned that the tree located al 18325 Swarthmore Drive could cause. damage to our gas pipeline located drregly under the trtmk From our perspective, this risk can be resolved by removal of the tree or rerouting our pipeline. Please be aware there woukt be ralstomer costs associated with the relocation option of the pipeline fadidy. The decision whether or nd to remove the tree is a mrdlid that must be resohred between racy affldals, the ProP~tY tea. arld neighbors. tt appears that the conflict also irnroMes other issues, such as root-caused damage to an adjacent driveway and curb. Your second area of corlcem was the potential Confl'd of interest Mr. Keay is an employee of PG&E, and he was acting on behalf of the company when he initiated the August 1S°i, 2003 letter in response to Ms. Gundy DuVaH's inquiry. However, Mr. Kefly's appearance at the City Counctl meeting was on his own time as a concerned private citizen. His comments represented. his personal opinions and feelings and not those of PG&E. I hope that I addressed your concerns. tt you need additional information regarding the relocation of our facilities, please c~rltad Gene Lowe, Manager of Engineering and Planning, nt916-35[3- 5116. Sincerely, (' /~ "' Yv(iv"dt---- Pamela S. J P Director Gas Disb~lAOn >!i ethnical Services Caintpwir cc: Thomas 6. King .Eugene H. Lowe Ernestine Pugh Thomas w. Corson ,8337 Swarthmore Drive . Saratoga, celiromia sso7o (408) 37041910 Apri12, 2004 1VIr. Eugene Lowe PG8~E Corp. 5555 Florin-P Rd. Sacramerrto, CA 95926 VIA FACSIMILE - 916-386-5142 Dear Mr. Lowe: This is a follow up on our telepltate oorwersatiort today regarding the issue of potential with the trees to our neighborhood and PGBE's gas main. 1 understand the following based on That conversation: 1) You will have a PGB~E engineer provide me with an estima6e fior relocation of the gas main. 2) That same engineer will also provide me with a written evaluation of my redwood, which is • similarly situated with regard to the main. Regarding Drew Kelps IefLsr o18N 9itKi, it is my understanding that 1) His reference in `long term damage done by tree roots" in the last sent+~toe aF the first paragraph is speculative. You intom~ed me that PG8~E is unaware of any damage at aN m the gas main at the present time. 2) His reference to "cxtastrophk tree failure' in gte same sentence refers to the tree falling over. 3) The staterrrertt 'This tree should be removed to repair the abating damage, and iD preverrt reoccurrence." refers ony to damage to the driveway and does rat relate in any way to the gas main. I appr+eciabe your woridng with me to darify the intent of the above, as 1 am sure we can both agree that we would rat want to inadvertently mislead the dry regarding the underlying facts. Furthemlore, it is my understanding from you that PG&E does rat nom>aly initiate action for the removal of a tree in these dreumstartoes unless ttrere is an immediate hazard, of which you agree there is cane. You informed me that this situation arose because the property owner contacted your company, suggested the hypothetical situation, and that your company's position under those droumstaraes is that removing the tree obvausy removes any hypoti~etical risk • ff any of the above is inoorred, please let me Iviaw immediately. I appreciate your woridng `--' with us on this matter, especially as k ooncems many of the trees in fhe neighbort-ood, not just the one in question. httpJlwww.9araoolla.ca-u~lY 0150 ABSENT: None ALSO PRESENT: Dave Anderson, City Msaeger Lurie Tinfow, Assistant City Manager Richard Taylor, City Attorney Cathleen Boyer, City Clerk Danielle Surdin, Administrative Analyst Jesse Helots, Administrative Services Director Tom Sullivan, Community Development Director John Cherbone, Public Works Director Iveta Harvarrcik, City Engineer Morgan Kessler, Assistant Engineer Cary Bloomquist, Administrative Analyst REPORT OF CITY CLERH ON POSTING OF AGENDA F(}RSEPTEMBER 1S. ZOOLi Cathleen Boyer, City Clerk, reported that pursuant to Govenlmem Code Section 54954.2, the agenda for tbe meeting of October 15, 21)03, was properly posted on October 9, 2003. COMMIIAlICATIONS FROM COMMISSIONS & PIIBLIC ORAL COMMIINICATIONS The following people requested tr- speak Gandy Duvall noted that she has lived in Saratoga since 1996. Ms. Duvall explained in the Council her dilemma regarding a redwood tree on her rental property located at 18325 Swarthmore Drive. Ms. Duvall noted that she applied for a tree removal permit a neighbor, Mr. Corson, appealed the decision and won. Ms. Duvall explained that the tree is causing a hazardous condition in her driveway. Ms. Duvall pointed out that she has included a letter from PG&E and Valley Concrete urging the Council to overrule the Planning Commissions decision. Larry Clark referred to the photos he provided to the City Council. Mr. Clark pointed out that the wncrete has lifted 6-7 inches, which is very unsafe. Mr. Clark noted that Ms. Duvall is willing to replant trees in replace of the one she is asking to remove. ~~ Drew Kelley stated that he represented PG&E and was trying to assist Ms. DuVall's attempt to remove the redwood tree and replace the driveway. Mr. Kelley noted that it would be too expensive to replace J'S9 tbe driveway with pavers due to the fact that every year Ms.DuVall would have to spend approximately S 1500 to ]lave the pavers re-leveled Mr. Kelley pored out the original property owner did not consider !,; the placemem of the tree so close to the driveway. Mr. Kelley urged the Council to allow Ms. Duvall to ~f 23 F/ ; 4!]!0419:14 P tarp!lwww.saratoga.ca.uslhtml'k20ouN o150 remove the tree and replace herdriveway. Marvin Becker noted that he has a concxrn about rodelrts. Mr. Becker stated that be has trapped 12 rats in the past month. Mr. Becker pointed Dirt that squirrel are also becoming a problem. Tom Marinette noted that be was concerned about the home that is under construction across the street from his property. Mr. Marinette noted that during the permitting process several changes were supposed to be made to the design When the construction began it did not look like the changes vexe addres.9ed. The elevation looks to be 1-%: feet above were it was pemnitted to be. Bill Breck noted that he has been before the Council several times requesting that trce pmtection fences be placed around the protected trees near and on the property located at 14480 Oak Place. Mr. Brock requested that Council stop all oonstnlction at this property. David Mighdoll meted that he was present this evening to discuss the construction that is taking place at the property located at 13641 Ronnie Way. Mr. Miglldoll poimed out that the Planning Department made an error on tbe grade which was presented to them by tl~ developer 1 'ls feet above of what it was suppose to be. Mr. Mighdoll noted that be also opposed the height and bulk of the project. J David Mather noted that he was aL9o present to oppose the project on 13641 Ronnie Way. Mr. Matiirs noted that currently the grade is 1 `/: feet above where the dirt stands. Mr. Mather requested that the Council look imo this issue. Lisa Schallop noted she was present this evening represerliiog her husband who is on the Planning Commission. Mrs. Schallop noted that some of the tree removal appeals that are brought to the Planning Commission are politically motivated and neighbors against neighbors. Mrs. Schallop suggested that tree removal appeals be brought to the City Covceil instead of the Plarming Commission. COMMIINICATIONS FROM COMMLSSIONS None WRPITEN COMMQHICATIONS None COIINCIL DIRECTION TO STAFF In regards to Ms. DuVall's issue, Vice Mayor Waltonsmtih asked if the City Council was allowed to hear the appeal. ~/ City Attorney Taylor responded no, the Council cannot hear this issue. City Attorney Taylor pointed out ~.~ 4/2/04 19:16 P r ~:~~,,.~,. olso NIINUTES SARATOGA CITY COUNCII. OCTOBER 1s, zoos 'The City Colltlcil of the City of Saratoga met in Closed Session, Adlllillisttative Conference Room, 13777 Fruitvale Avenue at 6:00 D.m. Conference with Legal Counsel -Threatened Litigation: Significant exposure to litigation pursuant to Govemmeat Code section 54956.9(b): (2 potential cases) Conference with Legal Counsel -Initiation of litigation {Gov't Code section 54956.9(c): (2 potential cases). The following.people requested to speak Saui Ozveron stated that the conditions of the property at 14460 Quito Road created a fire hazard and had increased the rodent population in the area due to an accumulation of trash and discarded materials on the property. She asked that the City remove the trash to protect public heahh. Cormie Palladino expressed concern that the trash and other materials on the property at 14460 Quito Road created a health hazard and asked that the City clean up the property. John Palladino stated that the City has been aware of the conditions at the property at 14460 Quito Read y for sometime and asked that the City ad to remove the fire hazard Jim Ctirthbertson informed the Council that he has observed a significant increase in the rat polarlation in the vicinity at 14460 Quito Road in the last 5-6 months. He asked that the City Council clean up that property to reduce the rat problem. The City Manager informed the Council that he would look i~o the matter and get back to a neighborhood relaesentative. MAYOR'S REPORT ON CLOSED SESSION - 7:00 a®. Mayor Streit reported there was Council discussion but ~ action was taken. Mayor Streit called the Regular City Council meeting to avder at 7:00 p.m. and lead the Pledge of Allegiance. ROLL CALL PRF.SIIVT: Councilmembers Stan Bogosian Kadileen King, Norman Kline, vice Mayor Amm waltonsmith, Mayor Nick Streit ~f 23 4fJJ04 19:14 P . trctp://www.~aratoga.ca 107so that in the Tree ordinance it does not provide appeal of this type of decision of the Planning Commission to the City Cou~il -the Planning Commi~cion's decisions are final. City Attorney Taylor explained that ` , if circumstances changed since the original appeal was acted on the applicant is free to reapply. ~/ Vice Mayor Waltonsmtih requested a report from stab' in regards to the construction projoct located at 13461 Ronnie Way. ANNOUNCEMENTS Mayor Streit made the following a~ouncements: The City Council will hold a 2~ Community Meeting Tuesday, October 28, 2003 at 7:00 p.m. in the Civic Theater to discuss the following: • Contimre discussion of City owned property and facilities • City ~ • Community Discussion. on "Vision of Saratoga" On October 26, 2003 from 11:00 s.m. - 4:00 p.m. the Saratoga Rotary, in conjunction with many local groups, will be celebrating cultural diversity at their "Building Bridges" evem at West Valley College. ~../ CEREMONIAL ITEMS lA. COMMENDATIONS FOR LIBBARY EXPANSION MEMBERS STAFF RECOMMENDATION: Present commendation. Mayor Streit presented commendations to the following members of the L-brary Expansion Committee: Marcia Manzo, Ann Cross and Wylis Peck 1B. PROCLAMATION -DECLARING THE WEEit OF OCTOBER 19-25, 2003 AS "TEEN READ R'EETC" STAFF RECOMMENDATION• Read proclamation and present commendations to student poets. Mayor Streit read the proclamation and presented it to Judith Sutton, Saratoga High Schoo] English teacher. Mrs. Sutton introduced the Poetry Contest winners from. Saratoga High School as follows: Calvin Wang, Jessica. Chang, Karen Ivesl, Jensine Lee, Nolan Marcos and .f 23 4/7104 79:27 P] ., > Olegario Lara 18324 Swarthmore Drive Saratoga, CA 95070 April 2, 2004 Planning Commission City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 Dear City of Saratoga: I have lived in Saratoga for 60 years. 40 of those years I have lived directly across the street from a roughly 110-foot majestic California Redwood tree that is in perfect health & beauty. I am 83 years old and do not understand why, for the second time in a year, the City of Saratoga is contemplating to even discuss the removal of this tree. From our last hearing on this, Ms. Gundy, the owner of this house (who . happens to not live at that address) never even bothered to make attempts to remedy the situation. The problem is that the TREE is NOT the problem; the problem is that Ms. Gundy would rather focus all her time & money on removing it then to work on continuing to allow this tree to be a vital enhancement to our neighborhood. I believe that Ms. Gundy is going for shock value by taping up her driveway with crime scene tape rather than looking for options that many of my neighbors have already presented. Any reasonable person would have already removed the broken slab in order to prevent the hazard that she showcases. I have had a wonderful certified arborist who came to my house to prune my Persimmon Tree make a suggestion. He said he has seen other Saratoga residents preserve these trees so close to their driveway and streets by removing the concrete driveway, removing the offending roots and then re-pouring the driveway in sections OR better yet, use pavers or bricks that have shown to be much more forgiving for the roots. Swarthmore Drive continues to lose many of its older trees due to careless homeowners who just do not want them. For example: Last year I lost six 45 foot trees on my property line due to a new homeowner who illegally removed these trees without any permits. This real estate agent, Mo Tajik, removed them so he could maximize the ~ lot size to build his brand new house. Mo Tajik never suffered any OQ~026 ,r consequence from his actions. It is obvious he does not like trees and only ~/ cares about maximizing his dollar worth rather than our Saratoga neighborhood. However, due to his actions, I lost my privacy and shade which no one but myself seems to care about. I hope that the City of Saratoga insists that Ms. Gundy focus her time and attention to beautifying all her rental properties including the house across the street from me. She had 20 years to care for the redwood trees at this house and now due to her negligence, she instead points fingers at the tree as though it is to blame. Olegario G. Lara of Swarthmore Drive ~~ ~~ ~ ~~ ~~~,oz~ MURPHY LAW CORPORATION 26 FERN LANE • SAN ANS ELM O, CALIFORNIA 94960 (4151 45]-2064 April 5, 2004 Pamela S. Johnson, P.E., Director Gas Distribution and Technical services Pacific Gas and Electric Company P.O. Box 770000 San Francisco, CA 94177 Deaz Ms. Johnson; Thank you for your letter dated March 4, 2004, to my client, Thomas W. Corson, regarding a tree in his neighborhood and a possible conflict with your gas pipeline facility. In the fourth paragraph of that letter, you stated that, "Mr. Kelly's appearance at the City Council meeting was on his own time as a concerned private citizen. His comments represented his personal opinions and feelings and not those of PG&E." We have recently obtained a copy of the official minutes of the meeting of the Saratoga City Council held on October 15, 2003, which state the following regazding Mr. Kelly's appearance before the Council: Drew Kelley stated that he represented P&E and was trying to assist Ms. Duvall 's attempt to remove the redwood tree and replace the driveway. Mr. Kelley noted that it would be too expensive to replace the driveway with pavers due to the fact that every yeaz Ms. Duvall would have to spend approximately $1500 to have the pavers re-leveled. Mr. Kelley pointed out the original property owner did not consider the placement of the tree so close to the driveway. Mr, Kelley urged the Council to allow Ms. Duvall to remove the tree and replace her driveway. [Emphasis added to the first sentence] Your March 4 letter seems to suggest that Mr. Kelley misrepresented the nature and extent of his authority when he appeared before the City Council. From what you have said, it now appears that, in truth and in fact, Mr. Kelley did not represent PG&E when he tried to assist Ms. Duvall's attempt to remove the redwood tree and replace the driveway. In any event, the harm was done nevertheless. Is my understanding correct? I would appreciate hearing from you right away since the Saratoga Planning Commission intends to reconsider this entire matter at it's meeting next week. Very tivjy yours, • ~'BarryA`Mtirphy /.; ~~...=. ~./ '" Attorney for Thomas W. Corson :' To: Planning Commission City of Sazatoga California April, 5, 2004 Re: Redwood Tree at 18325 Swarthmore Dr. Dear Commissioners, My name is Karl Clemons, and with my wife Lynda Treat-Clemons, reside at 18349 Swarthmore Dr., two houses to the west of the redwood tree. We aze unable to be present at the April 15 meeting because of previous business travel commitments. Thus, we are writing this letter to voice our opinion concerning the destruction of the above referenced redwood tree. As each of the Commissioners is awaze, removal of this tree was denied last summer and only a change in the laws of Saratoga has allowed for the current appeal to be filed. We are not in favor of destroying this tree merely because of damage to a driveway. The tree provides a wonderful aesthetic value of an established neighborhood as well as ambiance. Removal of the tree downgrades both of these aspects in our neighborhood and moves our azea one step closer to the appeazance of an unestablished, poorly landscaped, tract development. Reasons to remove the tree have been presented as the damage to the driveway, exorbitant costs of driveway maintenance, and potential ruptwe of the natural gas utility running underneath the tree. We believe the owner should get additional estimates concerning driveway repair and maintenance, as well as seek the advice of professional azborists. With regazd to the gas line, given the age of the line (ca. 40 years) and its placement, then all trees and hedges on the North side of Swarthmore Drive within 10 to 20 feet of the line should likely be removed as potential hazards or possible causes of a gas line rupture. For our own property this would include a 40 foot wide juniper hedge and a magnolia tree, neither of which would we like to see destroyed. We believe that a reversal of your previous ruling in this matter (denial of tree removal) to a vote allowing the tree to be removed sets a precedent of ignoring directives from the Planning Commission of the City of Saratoga, which the property owner has done in this instance from the previous appeal. Namely, fix the driveway without damaging the tree, which has not been done to date. We do not dispute the need for the repair of the driveway and view it as an eyesore in the neighborhood as well as a serious safety hazard. On February 19, 2004 we sent an email to Mr. Tom Sullivan with a suggestion for a course of action. We believe this to be a very reasonable and logical suggestion. The text of this suggestion is quoted below. We are sure that Mr. Sullivan could provide you the full text of the email if need be. (3®~~24 ,~ . . "In addition, I would like to make a suggestion that could obviate any need to destroy the tree and may in fact save the owner money. It is obvious to all of us that the concrete driveway is severely cracked and presents a serious hazard for tripping and such. Were this my own property I would approach the situation as follows. I would have the old broken driveway concrete removed in order to determine what actually caused it to break. The current presumption is the tree's roots, but that has yet to be proven by anyone. It may well be that it is a single root causing the problem or it could also be that a depression has developed in the soil underlying the driveway that also contributes to the problem. The old concrete driveway needs to be removed regazdless and before a new driveway could be installed. Why not do the removal of the old driveway first? With luck there would be a simple fix, which allows the tree to remain and a new driveway to be installed, which should save some money for the owner and solve all of these problems." Once again, we ask that the appeal to remove the tree be denied and that the owner be directed to seek alternatives for repairs of the driveway without damage to the tree Thank you for your attention to this matter. Sincerely, /~~~ 1/C'.~-.~ • Kazl V. Clemons, Ph.D. `...' Lynda Treat-Clemons, Ph.D. Homeowners at: 18349 Swarthmore Dr. Sazatoga, CA 95070 d~~®zs Thomas W. Corson 18337 SwaRhrrwre DRve Saratoga, California 95070 (408) 3706910 April 6, 2004 HAND DELIVERED Planning Commission City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 Dear Commissioners, This letter is in support of the Community Development Director's decision to deny a tree removal permit for the rental property located at 18325 Swarthmore Drive owned by Gundy Duvall. First, I would like to formally note our objection to re-hearing this matter at all. This matter was decided last year, there are no new facts, and K was Dearly stated that this matter was resolved with finality when this Planning Commission decided to grant my appeal and preserve this tree. We were told (correctly) that that decision was final and relied on that. r^~ There are no new facts or circumstances here, only the owner's stubborn refusal to do anything other than destroy the tree. Nothing in the new law speaks of its provisions being retroactive and there is nothing in the public hearing minutes to indicate that there was any intent to make the new law retroactive. Nevertheless, we find ourselves dealing with this again and so I shall. The criteria for removal are set out below. I will address each item in turn. (1) The condition of the tree with respect to disease, imminent danger of falling, proximity to existing or proposed structures and interference with utility services. The tree is completely healthy. It is in no danger of falling. It is not near an existing or proposed structure. There has been a claim by the landlord that it interferes with utility services, namely PG&E's gas line, but that claim is completely unsubstantiated and speculative. This criterion is not met, and even if it was with respect to PG&E, there is a readily available alternative, namely for PG&E to move the gas main. (2) The necessity to remove the tree because of physical damage or threatened damage to improvements or impervious sun`aces on the property. The only legitimate claim that can be made regarding this tree is that it has damaged the driveway. However, it is the owner's negligence and inattention to the problem for the better part of 10 years that has caused the problem to escalate to the degree that it has. The tree should not have to pay the ultimate penalty of her negligence. Furthermore, there are readily available alternatives for fixing the driveway without removing the tree (two of which are found in the staff report). Therefore, it is not necessary to remove the tree to fix the driveway and this criterion is not met. ®®~i©28 ~•~ 2 2ooa (3) The topography of th• rid and the effect of the tree remov~upon erosion, soil retention and the diversion or increased flow of sun`ace waters, particularly on steep slopes. This criterion is non-applicable. (4) The number, species, size and location of existing trees in the area and the effect the removal would have upon shade, privacy impact, scenic beauty, property values, erosion control, and the general welfare of residents in the area. This is the largest remaining tree in Sunland Park. Its loss would be a tragedy. It shades several homes, including my own. It is a magnificent specimen and greatly enhances our property values. This criterion for removal is Dearly not met. (5) The age and number of heakhy trees the property is able to support according to good forestry practices. There seems to be some debate as to the meaning of this criterion and it is indeed poorly written and in need of clarification. I suggest to you that it can only mean that if there are too many trees on a property, then some can be removed. That is clearly not the case here. The. existing two redwoods are doing just fine. I believe staffs interpretation is that if there are enough other trees on the property or in the neighborhood, then some can be removed. I believe this is incorrect. First, the criterion says "property" and nothing else. Even ff one were to include the entire street, we are by no means well treed. I have lost three huge conifers adjacent to just my own home. The property can clearly support the two redwood trees currently there. Therefore, I suggest to you that this criterion for removal is not met. (6) Whether or not there are any attematives that would allow for retaining or not encroaching _ on the protected tree. As described in the staff report, there are several viable alternatives for repairing the driveway as we-I as dealing with other speculative issues such as the PG&E line (they can move it, after all, it is simply a 2" pipe). In addition, I refer you to the property at 14760 Farwell, with identical circumstances, namely a large redwood in potential conflict with an adjacent driveway. As you will see, the pavers are working just fine. Furthermore, the city has established correct precedent when it determined in July 2003 to deny a permit for the removal of that tree. Accordingly, this criterion for removal has not been met. (7) Whether the approval of the request would be contrary to or in conflict with the general purpose and intent of this Article. The stated purpose of Article 15-50 Tree Regulations is as follows: 15-50.010 Findings; purposes of Article. The City Council finds that the City is primarily a residential community; that the economics of property values is inseparably connected with the rural attractiveness of the area, much of which is attributable to the wooded hillsides and the native and ornamental trees located throughout the City; that the preservation of such trees is necessary for the health, safety and welfare of the residents of the City in order to preserve scenic beauty, prevent erosion of topsoil, protect against flood hazards and the risk of landslides, counteract pollutants in the air, maintain the climatic balance and decrease wind velocities. ®E~~~D29 • ~~ 3 ~, 2004 To compliment•d strengthen zoning, subdivision and other land use standards and regulations, while at the same time recognizing the privileges of private property ownership, the City Council adopts this ordinance to establish basic standards and measures for the maintenance, removal, and replacement of trees. Thus, this ordinance is designed to provide a stable and sustainable urban forest to preserve and protect significant historic heritage values, and to enhance the unique aesthetic character and environment of this City. This says everything in favor of preserving the tree and nothing in favor of removing it in favor of a certain style of driveway (slab) or speculative conflicts with pipes. The only possible property ownership privilege argument that could be made is "I have the right to neglect the problem with the driveway for 10 years. 1 then have the right to come to the city and point out what a huge risk that has caused. I further have the right to destroy the tree because I refuse to utilize (or even consider) pavers and insist on a slab driveway". That is hardly the intent of the tree ordinance. (8) Any other information relevant to the public health, safety, or general welfare and the purposes of this ordinance as set forth in section 15-50.010. The only safety issue presented by this tree is the danger posed by its removal. PG&E said themselves they will have to shut off service. A crane will have to be brought in. Public safety is best protected by leaving the tree just as it is. Everything else in 15-50.010 is clearly in favor of preserving the tree. (9) The necessity fo remove the tree for economic or other enjoyment of the property when there is no other feasible alternative to the removal. There is absolutely no necessity to remove this tree for the economic (or any other) enjoyment of the property. It is a rental property. Tenants are living there right now, despite the tree, or the driveway. These same tenants could easily have chosen one of the other rental properties that Gundy owns. She has four on Swarthmore Drive alone. Mostly, they sit vacant for months and sometimes in excess of a year at a time. The tenants picked this home despite the tree or driveway. It was in fact these same tenants who provided the original impetus for stopping the first permit and the resulting appeal. The wife approached me on the day before the tree was to be cut down, told me of its impending demise, and stated that she and her husband were appalled that Gundy was going to cut them down (she initially int al to save the tree in the redwoods). That was the triggering event that gave rise to my apps first place. Furthermore, this criterion clearly states that there must be no other feasible aRemative for removal. Clearly, in this case there are alternatives, as amply described above and in the staff report. This criterion for removal is also not met. Therefore, I ask that you find that the criteria are not met for removal and deny the appeal. Finally, in the unfortunate event that you decide to remove this tree, I request that at the very least that it be replaced at full value and the performance thereof secured by the appropriate bond. Anything less than this would be unconscionable. Of3~03U . ~ Page 4 • Respectfully, Thomas W. Corson 18337 Swarthmore Drive ,~s, zooa ~©~©31 ' "" Mary McGuire • ' . • Dan Mercado 18336 Swarthmore Drive Saratoga, CA 95070 ~ Apri15, 2004 City of Saratoga Planning Commission Saratoga, CA 95070 Dear Planning Commissioners: I am writing to support the decision of Tom Sullivan and request that you spare the life of the redwood at 18325 Swarthmore Drive. Our home is located across the street .from the property in question. One of the unique and special things about living in Saratoga is the rural feeling with the mature trees, wide streets, and lack of sidewalks. We recently lost several trees on the block to chainsaws, and fear that we may be about to lose that which is special about our neighborhood We do not want to lose another, especially one so beautiful and majestic, when it is entirely preventable. We discussed this with you at length last spring/summer, and nothing has changed since than. The property owner, who has never lived in the home, has refused to take any remedial action, as she has been waiting for the tree ordinance to take effect so that she had another opportunity to appeal to you. You will hear a lot of smoke and mirrors about what the tree "might" do, but it is without substance and/or evidence. The PG& E person is a personal friend of Ms. Duvall, and does not speak as a PG&E employee as he purports to, but as her personal friend. There is no evidence whatsoever that this tree's roots have damaged anything except for the driveway....there is no evidence that they have impacted the gas line and/or represent a danger to the neighborhood. PG&E admitted this in a conversation with Neighbor Corson. I want to emphasize that this is not an attempt to vilify Ms. Duvall. She is not in the best of health, and she has many rental properties, including this one, to manage. However, the fact of the matter is that the damage to her driveway is so severe precisely because she let the problem go unchecked for at least 8 years. (I can only speak to that amount of time, as it has been cracking the driveway since we moved to the block in March of 1996.) If you find that you must vote to remove the tree, we ask that it be replaced with one of equal value. Thank you for helping to keep our neighborhood beautiful. . ;, u • Regards, ~ (% , l /% I ~Fi~"`~(/~ ary McGture Dan Mercado 18336 Swarthmore Drive \J L J ©~DO33 `f April 15, 2004 fill. TYiorties t,asort 18337 Swarthmore Drive, ~ ~ Saratoga, t;A 96076 Dear Mr. C,orsan: #Ay name is Yang Xiao, and I oversee the gas distrbution system in your neighborhood. I was referred by 1Nr. Gana Lowe ro follow up an ya. regard"rrg the redwood trees in your area 1 weld 8Ce ro address those coraerns ffi this time. You inquired about the cast of rerouting our gas facAily around Cra redNrood tree bc~ed ffi 18325 Swarthmore Drive. The relocation wii coat appro»arrnabaly $15,000. given the significant offset required ro deer the tree roots. Howe+rer. PGB.E does not recommend rerouting ffi this time. AltlraiFl- k is not a desired scenario ro Crave ~ +edwood tree above our gas man pipers the poternfial risk, d does rat pose an immediate Frazard ro the public. Qur pffird records show ra kidication of ttie tree alFectlrg ottr gas 1'sie, and we Mri~N continue ro monitor the situation and take appropriab action should the acxrditions d,arge. H you stiff w'sh ro vitiate this rebraticn raw, please corrred iris and we wdl prepare a de4Elled cost estimffie and design. You ado expressed coricerris abaR a tree possibly impeding Vie gas ins ffi your residence. 18337 l S1~varlhmare Drive. Upon inspection, we have ddermined 1hffi fheie is no conflict between the tree on ~ii~ ~r ~~y ~ our gas ins given the adequatie separ>~on. Although the root struchae may encroach on our facility, it stioild not present a poienial risk. 1~BSt assured P(i8E wit oorrtiriue tp monitor the lree9-aY of its taafities and take appropriate action ro eruwe safe and reliable energy defrveryro its arstorners. ~Spedfuiy yours, Yang Xiao. PE Gas Distrtixlion Engineer c: 1Ms. Gundy DuVai IJJ ~~~~ Ur ~ ~II ~unul APR 212004 U CITY OF SARATOGA '`^MI INITV nFVRi n~• .. V ~©QS :: insurance questions Subject: RE: Inswance questions From: Mike Baxter <mike.baxter.gw51@statefarm.com> Date: Wed, 28 Apr 2004 18:40:08 -0500 To: "'corson@infodyn.com"' <corson@infodyn.com> No, State Farm will still defend you against a law suit as a result of the tree....Mike -----Original Message----- From: corson@infodyn.com [mailto:corson@infodyn.com] Sent: Tuesda p, April 27; 2ooa 1:55 PM To: Mike Baxter Subject: Re: Insurance questions I forgot to ask about personal injury. Are the answers any different if the tree falls over and injures or kills someone? TC Mike Baxter wrote: Tom, let me know if you need anything e1se....Mike '. -----Original Message----- From: corson@infodyn.com [mailto:corson@infodyn.com] Sent: Thursday, April 22, 2flfl9 11.40 AM To: Mike Baxter Subject: Insurance questions Hi Mike, ~. These are the questions I had regarding my sequoia tree and some isspes that have come up regarding the redwood tree next door at 18325 Swarthmore Sr: 1) My tree has kaegx~n to sr--ask my driveway. Am~I in any way sevesed~ €os the damage? No... 2) The damage currently is a crack. If I don't repair it now and it lifts the driveway, am I covered if, say, someone trips and falls over it? Yes, but we would insist you repair the liability hazard or we would not renew your coverage. 3) If I don't repair it and it deteriorates, would State Farm cancel my coverage? Yes. 4) Can I simply repair the driveway or do I have to remove the tree? We would only require the liability hazard be fixed. i.e.: the cracked driveway/sidewalk. 5) An issue has come up with the large redwood on the neighboring property at 18325 Swarthmore. If this tree were to fall over and cause damage to my home, would I have any coverage from State Farm or would my only recourse be against the owner? Your policy covers the damage to your home no matter where the tree is located if it falls on your house. If you could provide documentation that the iieicjliliof had not prdperly maintained the free and fherefdfe might have been negligent State Farm would attempt to recover our cost from your neighbor's homeowners liability coverage. ~. 6) If I do have coverage for 5) above, would State Farm hold the owner liable and aiSbYB§aL& fhe claifn? S@@ afistaet to #5 ~.J ~f 2 4/28/04 16:45 PM Apri15, 2004 Pamela S. Johnson, P.E., Director Gas Distribution and Technical services Pacific Gas and Electric Company P.O. Box 770000 San Francisco, CA 94177 Dear Ms. Johnson; Thank you for yow letter dated March 4, 2004, to my client, Thomas W. Corson, regazding a tree in his Saratoga neighborhood and a possible conflict with yow gas pipeline facility. In the fourth paragraph of that letter, you stated that, "Mr. Kelly's appearance at the City Council meeting was on his own time as a concerned private citizen. His comments represented his personal opinions and feelings and not those of PG&E." We have recently obtained a copy of the official minutes of the meeting of the Saratoga City Council held on October 15, 2003, which state the following regazding Mr. Kelly's appearance before the Council: Drew Kelley stated that he represented P&E and was trying to assist Ms. Duvall's attempt to remove tl~e redwood tree and replace tJ:e driveway. Mr. Kelley noted that it would be too expensive to replace the driveway with pavers due to the fact that every year Ms. Duvall would have to spend approximately $1500 to have the pavers re-leveled. Mr. Kelley pointed out the original property owner did not consider the placement of the tree so close to the driveway. Mr. Kelley caged the Council to allow Ms. Duvall to remove the tree and replace her driveway. [emphasis added to the first sentence] Your March 4 letter seems to suggest that Mr. Kelley misrepresented the nature and extent of his authority when he appeazed before the City Council. From what you have said, it now appears that, in truth and in fact, Mr. Kelley did not represent PG&E when he tried to assist Ms. Duvall's attempt to remove the redwood tree and replace the driveway. Is my understanding correct? Very truly yows, Barry A. Mutphy Attorney for Thomas W. Corson SARATOGA CITY COUNCIL MEETING DATE: July 7, 2004 AGENDA ITEM: ~~ ORIGINATING DEPT: City Manager's Office CITY MANAGER: ~~ ~~~ PREPARED BY: Lorie Tinfow DEPT HEAD. °~`"` SUBJECT: Establishing a Committee to Recommend Options for Resolving Orchard Dirt and Mud Tracked into the Saratoga Library RECOMMENDED ACTION(S): Provide direction to staff regarding the composition of a proposed Committee to develop recommendations that will address the problems associated with dirt and mud tracked into the Library from the Orchard. REPORT SUMMARY: The expanded and renovated Sazatoga Library opened to the public on June 21, 2003. Many students from Redwood Middle School use the Library after school. This spring, Library staff noticed an increase in the dirt and mud being tracked into the building by students who walk through the orchard as well as a problem with mud and dirt in the resttooms as students try to wash off their shoes. Several suggestions have been made to resolve the problem such as installing an asphalt path through the orchard as existed previously, or distributing a mulch material over the dirt path currently in use. Both have impacts on orchard operations. A successful resolution will require input from various stakeholders. Staff proposes bringing representatives from the following groups together for a meeting: - Two from the Library Commission - Two from the Heritage Preservation Commission - Appropriate Library staff - Appropriate City staff - At least one City Council member - Orchardist Matt Novacovich In addition, a suggestion has been made to include at least one representative from the Youth Commission who attends Redwood to participate on behalf of the user group. This Committee would likely need to meet once or twice over the summer to identify options and/or recommendations for Council consideration, with the goal of remedying the problem before school starts in the fall. FISCAL IMP S: Depending o~the type of solution, Library Bond Funds may be an eligible Funding source. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): The Library staff would have to identify a way to address the problem. ALTERNATIVE ACTION(S): Direct staff to implement aCouncil-identified solution. FOLLOW UP ACTION(S): Staff will implement whatever action Council determines. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: ^ None SARATOGA CITY COUNCIL MEETING DATE: July 7, 2004 ORIGINATING DEPT: Community Development PREPARED BY: Thomas Sullivan, AICP AGENDA ITEM: CITY MANAGER: ~~G~ DEPT HEAD: SUBJECT: Resolution of Intent to Amend Ordinance 225 RECOMMENDED ACTION: Provide direction to Staff REPORT SUMMARY: On November 19, 2003 Ordinance 225 was adopted on afour-fifths vote establishing a moratorium on Personal Services businesses on the ground floor of buildings in the Village. Staff has attached a copy of Ordinance 225. On June 14, 2004 Arlen and Jim Rosenfeld sent a letter (attached) to the Council requesting that Ordinance 225 be amended to allow new Personal Services businesses to be located on the ground or first floor as long as it is not fronting on Big Basin Way. If the City Council adopts the Resolution of Intent to amend Ordinance 225, the Public Hearing could be held on August 4, 2004. In fulfillment of the direction of the Interim Ordinance that established the moratorium on Personal Services businesses, Staff will be taking proposed ordinance amendments to the Uses Pervlitted section of the Commercial Zoning Ordinance to the Planning Commission in August to conduct Public Hearings. The Planning Commission's recommendation should be before the City Council in September or October. FISCAL IMPACTS: The City would incur the cost of an additional Public Hearing. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: k. I. ~oces9 an early extension, with refinements, of the Interim Ordinance. The nonfrontage ~c ss exception could be one of the refinements. 2. Recs~cind Ordinance 225. 3. City Council direct staff to return with a refinement to allow the nonfrontage access exception. 4. Decline to alter Ordinance 225 FOLLOW UP ACTION: As directed ADVERTISING, NOTICING AND PUBLIC CONTACT: None needed for a Resolution of Intent; however, Mr. and Mrs. Rosenfeld were notified by letter. ATTACHMENTS: 1. Ordinance 225 2. Letter from Mr. and Mrs. Rosenfeld 7 V ORDINANCE NO. 225 AN INTERIM ORDINANCE EXTENDING A MORATORIUM ON NEW PERSONAL SERVICE BUSINESSES LOCATED ON THE GROUND FLOOR IN THE VILLLAGE AND DECLARING THE SAME TO BE AN URGENCY MEASURE TO TAKE EFFECT IMMEDIATELY THE CTfY COUNCII, OF THE CITY OF SARATOGA DOES ORDAIN AS FOLLOWS: Section 1. Findings. The City Council finds and declazes as follows: a. The City of Sazatoga's Village business district has long been recognized as an area that has a mix of businesses that included cross section of retail, service, restaurant, and personal service industries that contribute to our citizens quality of life. b. The City's Village Design Guidelines and Village Improvement Project both contain numerous goals to create a vibrant downtown where the mix of retail and service based businesses exist. c. A nationwide economic recession has reduced the demand for many retail goods resulting in retail business failures and increasing retail space vacancies in the Village d. While the total number of Persona] Service Businesses continues to grow, our current vacant retail space is being converted to additional Personal Services Businesses compromising our desired Village business mix. e. The City does not have complete and comprehensive information analyzing the current business environment of the Village or describing the total number, type, and mix of businesses located therein, or the growth trend of different types of businesses, including Persona] Service Businesses. f. The zoning provisions of the City of Saratoga does not provide a definition of "Personal Service Business" nor does it contain adequate procedures for investigating and addressing the impacts of new Personal Service Businesses in the Village. g. While the precise number of Personal Service Businesses has yet to be determined, an initial review of City business license information indicates that in calendaz yeaz 2001 approximately 10 locations in the Village were used for Personal Services Businesses, that the number increased slightly to 13 locations in calendar year 2002, and that thus far in calendar yeaz 2003 the number has increased to approximately 16 locations. h. While a more detailed survey may more accurately reflect the number of Persona] Service Businesses in the Village, the preliminazy information referred to herein, coupled with the pending and anticipated opening of more such businesses, suggests the existence of a large and rapidly increasing number of Persona] Service Businesses in the Village specializing in hair, nail, and skin care, and a trend of vacant retail spaces converting to Personal Service Businesses. i. An increase in the existing number of Persona] Service Businesses in the Village potentially threatens the City's desired business mix of retail and service businesses in a number of way, including, but not limited to, a concentration of Personal Services C~ Businesses which limit or exclude other retail activities, the decrease of varied retail opportunities thereby reducing the attractiveness of the Village to both shoppers and new retail businesses, and ultimately jeopazdizing the ability of the City's retail areas to . successfully compete with other retail areas in the region. j. The City's Department of Community Development has been directed to evaluate and make recommendations to the Planning Commission and City Council regarding the necessity and potential form of regulation of new Personal Service Businesses. k. Establishment of new Personal Service Businesses during the time the City staff is studying the business environment and the value of imposing regulations on such businesses could result in conflicts with any regulations that might ultimately be adopted. 1. For the reasons stated herein, the opening of new Personal Service Businesses in the Village during the term of this Ordinance poses a curent and immediate threat to public health, safety, and welfare. m. In recognition of the foregoing the City Council on October 15, 2003 adopted an urgency ordinance imposing a 45 day moratorium on the establishment of any new Personal Service Businesses in the Village. Because it has not yet been possible to obtain and evaluate the information being developed by City staff, the purpose of this ordinance is to extend that moratorium to October 14, 2004. n. This Ordinance is not a project subject to the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15378, subdivision (b). In the event that this Ordinance is found to be a project under CEQA, it is subject to the CEQA exemption contained in section 15061, subdivision (b) (3) of the CEQA Guidelines, because it can be seen with certainty that there is no possibility that it may have a significant effect on the environment. The purpose of this Ordinance is to prohibit on an interim basis, new Persona] Service Businesses in the Village which maybe otherwise permissible under existing policies. The Ordinance will not create a change in the environment because it maintains the status quo. Any delay in opening such businesses is only temporary in nature, and would not indirectly or directly result in a physical change to the environment. Section 2. Regulation. The following regulation is hereby imposed. This regulation shall prevail over any conflicting provisions of the Saratoga City Code or the other ordinances, resolutions, policies, and regulations of the City of Saratoga: 1. During the term of this Interim Ordinance, no new Personal Service Business shall be located on the first floor of the Commercial Historic District (CH-1 and CH-2), unless a lease has been executed prior to the effective date of this Ordinance. 2. "Personal Service Business" means a use, not conducted within an office, providing services for the personal care of an individual including, but not limited to, hair and nail salons and day spas. -1 J Section 3. Interim Urgency Ordinance. Based upon the findings set forth in Section 1, above, this is an Interim Urgency Ordinance adopted pursuant to Government Code section 65858, and pursuant to the authority granted to the City of Saratoga in Article 11, Section 7 of the California Constitution. This Ordinance shall therefore take effect immediately upon adoption. This Ordinance shall extend the term of the Interim Urgency Ordinance adopted on October 15, 2003 until October 14, 2004, unless extended prior to that time by the City Council pursuant to Government Code section 65858. Section 4. Reporting Requirement. Ten days prior to expiration of this Interim Ordinance, the City Council shall issue a written report pursuant to Government Code section 65858(d) describing the measures taken to alleviate the conditions which have led to the adoption of this Interim Ordinance. Section 5. Severance Clause. The City Council declazes that each section, sub-section, paragraph, sub-pazagraph, sentence, clause and phrase of this Ordinance is severable and independent of every other ~ section, sub-section, pazagraph, sub-paragraph, sentence, clause and phrase of this Ordinance. If any section, sub-section, paragraph, sub-paragraph, sentence, clause or phrase of this Ordinance is held invalid, the City Council declares that it would have adopted the remaining provisions of this Ordinance irrespective of the portion held invalid, and further declares its express intent that the remaining portions of this Ordinance should remain in effect after the invalid portion has been eliminated. Section 6. Publication. This Ordinance or a comprehensive summary thereof shall be published once in a newspaper of genera] circulation of the City of Saratoga within fifteen days after its adoption. '~. This interim Ordinance was passed and adopted at a regular meeting of the City Council of the ._.. City of Saratoga on November 19, 2003 and adopted by at least afoot-fifths (4/5) vote of the City Council as follows: COUNCIL MEMBERS: AYES: Councihnembers Kathleen King, Norman Kline, Vice Mayor Ann Waltonsmith, Mayor Nick Streit NAYS: Councilmember Stan Bogosian ABESNT: None ABSTAIN: None SIGNED: A EST: • MAYOR OF THE Y OF SARATOGA CL OF THE CITY OF S TOGA Saratoga, California Saratoga, California '` 4 FROM C H PIRNO FRX N0. 4088673721 ] 4 June 2004 City of Saratoga Council Members Atm Wattotistnith, Kathleen King, Stan Bogosina, Nortnaa Kline., Nick Streit Jun. 14 2004 03:57PM Pl Z ~~i ~ 17ear Council Members, We are writing to you to ask that You please review and revise the Moratorium on p~~ Setvioes businesses in the historic downtown of Saratoga. Tix~ is of the essezuza in this matter. The following sceztaria played out this past week and we believe it had an untettded consequence when you passed the moratorium We own the building across from the Bank of America, the front o'f which is the lnternatomal Coffee Exchange. The rest of the suites are perpendicular to $ig Basin Way with lietle or no Street front exposure, not well suited for most reta4l. Well back in Suite D, our office tenant announced. his retiremient. We vigorously pursued all tnatrn of advertising to promote this up coming vacancy with startlingly poor response to date probably due ta' the recession, and the fact there is currently still ttore that, square feet of office space available in this county). A broker representiug a lady with ail existing Flair Salon in the village would h1ce to lease our space. Ttle moratorium prohibits this. She's stuck, atacl we are stuck. Sbe would not add to the congestion of personal services in the village. anti she v3ould not be ott the street. We support the idea of the street front stores is the village being retail in ttatttre, however off the street in this business economy limitations like this mearty 1¢ad W vacancies. 'i'ha'e are currently seven vacancies within 1l2 block of our building. We, ttsxierstttnd the good intentions o€the city to legislate a good product mix in the village,' an utopian ~ ~ however pragmatism and (bad)timing in this economic climate, rnalce things trying to keep our building full an prosperous. Please revise Your moratoriut now, so that it wi71 not apply to those facilities not on the street• Re~pect£ully /Y;o~urs> ~~ ~~„~"~` GC Arlen And Tim Rosenfeld 14219 Okanogan Dr. Saratoga, Ca. 95070 (408) 867-6052 SARATOGA CITY COUNCIL MEETING DATE: July 7, 2004 AGENDA ITEM: ORIGINATING DEPT: City Manager's Office CITY MANAGER: `~ G °-~-- PREPARED BY: Lorie Tinfow, Asst. City Mar. DEPT HE Q /1 SUBJECT: Permission to Fill Parks Maintenance Worker I Position Vacancy RECOMMENDED ACTIONS: Staff recommends that Council designate this position as "essential" and authorize the City Manager to fill the Parks Maintenance Worker I position. REPORT SUMMARY: The staff hiring freeze enacted in 2003-04 with exceptions for department directors and essential employees continues to be in effect for FY 2004-05. A copy of Resolution No. 03-007 is attached for reference. The Parks Maintenance Worker I has given notice that he will be leaving the City for another opportunity. At this time staff requests direction on whether or not Council considers this position "essential" and wishes to authorize the City Manager to release the hiring freeze in order to fill this position. The employee in this position performs skilled tasks in the maintenance of parks, street medians, and other landscaped areas. However, the majority of the duties will be in park maintenance. Some specific examples ofthe duties include the following: • Mow, water, weed and plant parks, medians and other landscaped azeas, prune trees and shrubs. • Apply herbicides, insecticides and fertilizers. • Cleaz grounds, public parking lots and other azeas of leaves, weeds, and litter. • Assist in the installation and maintenance of sprinkler systems. • Inspect, clean and repair park structures and facilities such as playground equipment, picnic tables, walkways and restrooms. The Parks Maintenance Division is currently facing some staffing challenges that bear on this request. The recruitment for a new supervisor is underway and another maintenance worker will be out on leave through the summer. FISCAL IMPACTS: w .. If the position is filled, no additional staffing costs will be incurred because the position has been funded in the 2004-OS budget. w If the position is not filled, a savings of approximately $60,000 in salary and benefits could be realized. ALTERNATIVE ACTIONS: Determine the position not to be essential and direct staff to restructure the Parks Maintenance Division based on Council priorities. FOLLOW UP ACTIONS: Staff will implement Council's direction. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENT: ~- ^ Copy of Resolution No. 03-007