HomeMy WebLinkAbout05-03-2006 City Council Agenda Packet
AGENDA
REGULAR MEETING
SARATOGA CITY COUNCIL
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MAY 3, 2006
OPEN SESSION - 5:30 P.M. - ADMINISTRATIVE CONFERENCE ROOM,
13777 FRUlTV ALE AVENUE.
JOINT MEETING WITH SARATOGA CHAMBER OF COMMERCE
CLOSED SESSION - 6:30 P.M. - ADMINISTRATIVE CONFERENCE ROOM,
13777 FRUlTV ALE AVENUE.
ANNOUNCEMENT OF CLOSED SESSION ITEMS
CONFERENCE WITH LABOR NEGOTIATORS (Gov't Code 54957.6):
Agency designated representatives: City Manager Dave AndeJ'1ion
Employee organization: SMO
CONFERENCE WITH LEGAL COUNSEL - Tbf'.eatened Litigation: SignifICant
exposure to litigation pursuant to Government Code section 54956.9(b): (1 potential case)
ADJOURNED TO CLOSED SESSION
REGULAR MEETING -7:00 P.M. - CIVIC THEATER/COUNCIL CHAMBERS
AT 13777 FRUlTV ALE AVENUE
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
April 28, 2006)
COMMUNICATIONS FROM COMMISSIONS & PUBLIC
Oral Communications on Non-Al!endized 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.
Oral Communications - Council Direction to Staff
Instruction to Staff regarding actions on current Oral Communications.
Communications from Boards and Commissions
Report from Chamber of Commerce.
Council Direction to Staff
Instruction to Staff regarding actions on current Communications from Boards &
Commissions.
ANNOUNCEMENTS
None
CEREMONIAL ITEMS
None
SPECIAL PRESENTATIONS
None
CONSENT CALENDAR
The Consent Calendar contains routine items of business. Items in this section will be
acted in one motion, unless removed by the Mayor or a Council member. Any member of
the public may speak to an item on the Consent Calendar at this time, or request the
Mayor remove an item from the Consent Calendar for discussion. Public Speakers are
limited to three (3) minutes.
I A. City Council Minutes April 17, 2006
Recommended action:
Approve minutes.
lB. Approval of Check Register
Recommended action:
Approve register.
I C. Resolution Declaring Hazardous Vegetation Growing on Certain Property to be a
Public Nuisance and Setting a Public Hearing
Recommended action:
Adopt resolution.
lD. Declaration of Surplus and Authorization of the Sale of the CNG (Compressed
Natural Gas) Tube trailer
Recommended action:
Move to declare the CNG tube trailer as surplus and authorize the sale of the same
in the amount of$13,5oo.
2
IE. Request for City Sponsorship for Saratoga Relay for Life "Banner of Hope"
Recommended action:
Adopt resolution.
IF. Monte Sereno Resident Status for Use of Saratoga Parks
Recommended action:
Accept report and direct staff to amend the fee schedule to allow Monte Sereno
residents to rent Saratoga parks at resident rates.
PUBLIC HEARINGS
2. Proposed Operating Budget for Fiscal Year 2006-2007
Recommended action:
Conduct public hearing; direct staff accordingly.
OLD BUSINESS
None
NEW BUSINESS
3. City Code and Other Provisions Governing Licensed Amateur Antennas
Recommended action:
Accept report and direct staff accordingly.
4. Request to Form a Council Ad Hoc Committee to Review the Terms, Conditions,
and Maintenance Practices Associated with the Contract for Annual Maintenance
of the Heritage Orchard
Recommended action:
Appoint a Council Ad Hoc Committee.
5. Funding and In-Kind Support Request from Saratoga Chamber of Commerce
Recommended action:
Accept report and direct staff accordingly.
ADHOC & AGENCY ASSIGNMENT REPORTS
Mavor Norman Kline
Association of Bay Area Government
Chamber of Commerce
Library Joint Powers Association
Hakone Foundation
Santa Clara County Emergency Preparedness Council
Valley Transportation Authority PAC
West Valley Mayors and Managers Association
TEA Task Force
3
Vice Mavor Aileen Kao
County Cities Association Legislative Task Force
Santa Clara County Cities Association
County HCD Policy Committee
SASCC
SASCC Task Force
Councilmember Nick Streit
Recycling & Waste Reduction Commission of SCC
Santa Clara County Valley Water Commission
West Valley Solid Waste Joint Powers Association
West Valley Sanitation District
City/School AdHoc
Council member Ann WaltoDsmith
KSAR Community Access TV Board
Northern Central Flood Control Zone Advisory Board
Saratoga Historic Foundation
Sister City Liaison
Councilmember Kathleen Kine
Association of Bay Area Government
Peninsula Division, League ofCalifomia Cities
SCC Cities Association-Joint Economic Development Policy Committee (JEDPC)
Village AdHoc
CITY COUNCIL ITEMS
CITY MANAGER'S REPORT
ADJOURNMENT
In compliance with the Americans with Disabilities Act (ADA), if you need special
assistance to participate in this meeting, please contact the City Clerk at (408) 868-] 269.
Notification 48 hours prior to the meeting will enable the City to make reasonable
arrangements to ensure accessibility to this meeting (28 CFR 35.]02-35.]04 ADA Title
II)
Certificate of Posting of Agenda:
L 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 April 28, 2006,
2006, City of Saratoga, ]3777 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.saratOl!a.ca.us
Signed this 28'h day of April 2006 at Saratoga, California.
Cathleen Boyer, CMC
City Clerk
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11/15
12/6
12/20
CITY OF SARATOGA
CITY COUNCIL MEETING CALENDAR 2006
Regular Meeting - Joint meeting with Mt. Winery
Regular Meeting - Joint Meeting with Planning Commission
Regular Meeting - Joint Meeting with Heritage Preservation Commission
and Historic Foundation
Regular Meeting
Regular Meeting
Regular Meeting
Summer Recess
Regular Meeting - Joint Meeting with Planning Commission
Regular Meeting
Regular Meeting
Regular Meeting
Regular Meeting
Regular Meeting
Regular Meeting - Joint Meeting with Planning Commission - Council
Reorganization
Regular Meeting - Joint meeting with Heritage Preservation Commission
5
SARATOGA CITY COUNCIL
MEETING DATE: May 3, 2006
AGENDA ITEM:
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ORIGINATING DEPT: Ci
CITY MANAGER:
PREPARED BY:
DEPT HEAD:
Dave Anderson, City Manager
SUBJECT: City Council Minutes
RECOMMENDED ACTION:
Approve minutes.
REPORT SUMMARY:
Approve minutes as submitted for the following City Council Meeting:
Special Meeting - April 17, 2006
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 April 17, 2006
MINUTES
SARATOGA CITY COUNCIL
SPECIAL MEETING
APRIL 17,2006
The City Council met in Open Session to interview applicants for vacancies on the
Planning Commission and the Heritage Preservation Commisison.
Mayor Kline called the Special Meeting to order at 6:00 p.m.
ROLL CALL
PRESENT:
Councilmembers Kathleen King, Nick Streit, Ann WaItonsmith,
Vice Mayor Aileen Kao, Mayor Norman Kline
None
ABSENT:
ALSO
PRESENT:
Dave Anderson, City Manager
REPORT OF CITY CLERK ON POSTING OF AGENDA FOR APRIL 17. 2006
Pursuant to Government Code Section 54954.2, the agenda for the meeting of April I? ,
2006 was properly posted on April 13, 2006.
ORAL COMMUNICATIONS
The following person requested to speak at tonight's meeting:
Daniel Williams distributed a photo ofa house located on 18310 Montpere Way. Mr.
Williams pointed out the unsightly antenna on the roof ofthis house. Mr. Williams
noted that the antenna was approved by the City. Mr. Williams, along with nine other
neighbors, request the City revoke the permit or relocate it out of sight. Mr. Williams
requested that the City look to the best practices ofthe surrounding cities and update the
City's code.
Citizen Ray noted that he had similar experience with radio antenna in Orinda. Citizen
Ray stated that the City of Saratoga needs a tighter ordinance. Referring to the Gateway
Project, Citizen Ray suggested that the City add an arbor on top of the pillars on
Saratoga-Sunnyvale Road and feels they are a beautiful asset to the City.
COUNCIL DIRECTION TO STAFF
Referring to Mr. Williams comments, there was a consensus ofthe City Council to direct
staff to agendize radio antennas for the May 3, 2006 City Council meeting.
COMMISSION INTERVIEWS
The following applicants were interviewed:
Samantha Cheng, James Sorden, Joyce Hlava, and Yan Zhao.
ADJOURNMENT
There being no further business Mayor Kline adjourned the meeting at 8:00 p.m.
Respectfully submitted,
Cathleen Boyer, CMC
City Clerk
SARATOGA CITY COUNCIL
MEETING DATE: 05/03/2006
AGENDA ITEM:
aTYMANAG~&
DEPT HEAD: .
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ORIGINATING DEPT: Admin. Svcs.
PREPARED BY: /~ ~
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Michele Braucht
SUBJECT: Check Register for 04/18/2006
RECOMMENDED ACTION:
That the City Council accepts the Check Register for 04/18/2006.
REPORT SUMMARY:
Attached is the Check Register for 04/18/2006. The checks were released on 04/19/2006. Payroll
checks were released on 03/30/2006.
Starting Ending Total
Type of Checks Date Checks # Check # Checks Amount
Account Payable 04/18/06 101909 102017 101 $443,821.56
Payroll 03/30/06 31541 31563 23 $116,576.86
TOTAL $560,398.42
The prior Check Register for 04/06/2006 ended with check number 101908. Check#100263 to
Contracts and Performance was voided for $10410.10 because of duplicate payment.
Following is a list of checks issued for more than $10,000.00, and a brief description of the
expenditures.
Check # Issued to Fund Dept Purpose Amount
101936 County of SantaClara General 20]5 Law Enforcement-April $262,892.88
101951 GoldenBay Constructions CIP 9201 Gateway Project $41,8]4.13
102002 Shute,Mihaly & Weinberg Various Various Legal Services-Febraury $25,200.80
Fundil Fund Descriotion AlP Total PR Total Total
001 General 355,204.89 29,882.77 385,087.66
150 Streets & Roads 1,566.54 13,444.00 15,010.54
202 Fredericksburge llD 25.53 25.53
203 Greenbriar LLD 321.57 321.57
205 Azule LLD 123.91 123.91
209 McCartyVille LLD 176.96 176.96
210 TriciaWoods LLD 33.89 33.89
211 Arroyo De Sara LLD 41.96 41.96
212 Leutar Court LLD 44.08 44.08
215 Bonnet WayLLD 139.32 139.32
222 Prides Crossing LLD 125.11 125.11
224 Village Comrn LLD 932.00 932.00
225 Saratoga Legends llD 255.00 255.00
226 Bellgrove LLD 5,233.81 5,233.81
227 C Glasgow LLD 116.74 116.74
229 Tollgate LLD 23.12 23.12
231 Horseshoe LLD 320.00 320.00
231 Horseshoe LLD 299.01 299.01
250 Development Services 10,854.42 48,169.64 59,024.06
260 Environmental Program SRF 34.63 4,693.27 4,727.90
290 Recreation 7,497.17 15,503.01 23,000.18
291 Teen Services 60.53 2,316.71 2,377.24
352 Infrastructures CIP 46,738.98 2,567.46 49,306.44
354 Park & Trail CIP 496.00 496.00
400 Library Bond Debt SRV Fund 4,682.50 4,682.50
420 Leonard Rd 276.47 276.47
502 Information Technology 1,903.32 1,903.32
503 Facility hnprovement ISF 1,600.00 I,600.00
604 Plannin sit Pre 2006 983.60 983.60
605 Planni sit 07/01/05 742.00 742.00
701 Traffic n 2,371.50 2,371.50
791 Kevin Moran 597.00 597.00
TOTAL 443,821.56 116,576.86 560,398.42
ALTERNATIVE ACTION:
N/A
FOLLOW UP ACTION:
N/A
ADVERTISING, NOTICING AND PUBLIC CONTACT:
N/A
A TT ACHMENTS:
Check Register in the Expenditure Approval List format.
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/
SARATOGA CITY COUNCIL
ORIGINATI~~
PREPARED . ---- ... /
Cathleen Bover.. Citv Clerk
CITY MANAGER:
\G
&a/~
MEETING DATE: May 3, 2006
AGENDA ITEM:
DEPT HEAD:
Dave Anderson. Citv Man~er
SUBJECT: Resolution Declaring Hazardous Vegetation Growing on Certain Properties to
be a Public Nuisance and Setting a Public Hearing
RECOMMENDED ACTION:
Adopt resolution.
REPORT SUMMARY:
The attached resolution represents the first step in Saratoga's Hazardous Vegetation Abatement
Program administered by the Office of the Agricultural Commissioner. It would be appropriate
at this time for the City Council to adopt the attached resolution setting the public hearing for
brush abatement for June 7, 2006.
FISCAL IMPACTS:
None to the City. County recovers its costs from administrative portion of fee charged to property
owner.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
Abatement process by the Office of the Agricultural Commissioner will not proceed. It would be
necessary to depend upon the property owners to take care of their own abatement.
ALTERNATIVE ACTION:
N/A
FOLLOW UP ACTION:
If resolution is adopted, the Office of the Agricultural Commissioner will inform all of the
affected property owners ofthe hazardous vegetation abatement and the scheduled public hearing
and how they may present any objections at this hearing.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
A Notice of Public Hearing will be published in the Saratoga News on May 19, 2006 as required
by law. The Office of the Agricultural Commissioner will mail notices to all of the affected
property owners.
ATTACHMENTS:
ATTACHMENT A - Resolution
20f2
RESOLUTION NO. 06-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
DECLARING HAZARDOUS VEGETATION GROWING ON CERTAIN
DESCRIBED PROPERTY TO BE A PUBLIC NUISANCE AND
SETTING A PUBLIC HEARING
WHEREAS, hazardous vegetation is growing in the City of Saratoga upon
certain streets, sidewalks, highway, roads and private property; and
WHEREAS, hazardous vegetation attain such growth as to become a fire menace
or are otherwise noxious or dangerous; and
WHEREAS, hazardous vegetation constitutes a public nuisance.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
Saratoga, as follows:
1. That hazardous vegetation does now constitute a public nuisance;
2. That said nuisance exists upon all the streets, sidewalks, highways, roads and private
property, more particularly described by common name or by reference to the tract,
block, lot, code area and parcel number on the report prepared by and on ftle in the
office of the Office of the Agricultural Commissioner;
3. That it is ordered that Wednesday, the 7th day of June 2006, at public hearing during
a regular meeting which will begin at 7:00 p.m. in the Saratoga Civic Theater, 13777
Fruitvale Avenue, is hereby fixed as the time and place where objections to the
proposed destruction and removal of said brush shall be heard and given due
consideration;
4. That the Office of the Agricultural Commissioner is hereby designated as the person
to cause notice to be given in the manner and form provided in Article 15, Chapter 7
of the Saratoga Municipal Code, and as the person to hereafter cause abatement of
such seasonal and recurring nuisance.
The above and foregoing resolution was passed and adopted by the Saratoga City Council
at a regular adjourned meeting held on the 3'd day of May 2006, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Norman Kline, Mayor
ATTEST:
Cathleen Boyer, City Cleric
SARATOGA CITY COUNCIL
ORIGINATING DEPT: Public Works
CITY MANAGER:
\U
L2.:Jc?'
MEETING DATE: May 3, 2006
AGENDA ITEM:
PREP~Y~~res
DEPT HEAD: John Cherbone
~~
SUBJECT: Declaration of surplus and authorization ofthe sale of the CNG'(Compressed
Natural Gas) Tube Trailer.
RECOMMENDED ACTIONS:
I. Move to declare the CNG (Compressed Natural Gas) tube trailer as surplus and authorize
the sale of the same in the amount of$13,500.00
REPORT SUMMARY:
Discussion:
The City has owned the Compressed Natural Gas Station for 10 years and it has never been
upgraded as was intended for this fuel station. The components are obsolete and the system is
costly to maintain. An Estimate to upgrade our CNG Station is approximately $80,000 plus.
Steve Sheridan from Instrument Control Services Inc, on behalf of Ken Laird of Rawhide
Leasing has shown an interest in purchasing the CNG Tube Trailer and components in the
amount of $13,500, which would include the removal of all the CNG components.
The Tube Trailer requires a hydrostatic re-testing every five years. The next re-testing is due in
April of 2007 at a cost of approximately $15,000. Service and availability is very limited for
CNG components. Currently we purchase CNG for approximately $1.50 per therm from PG&E
and we are paying around $3.00 or more per therm to produce it with our CNG station.
The City currently has a slow fill unit in the Corporation yard, which can be used to fill the four
CNG vehicles in the fleet over night. The Town of Los Gatos has offered their CNG station for
our use and we are currently discussing an agreement. In addition to the Los Gatos CNG station
and the City's slow fill unit, PG&E has a CNG station at their Cupertino facility, which the City
has used when the CNG Tube Trailer is non-operational.
FISCAL IMPACTS:
$13,500 in revenue from the sale of the CNG Tube Trailer
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S):
The sale would not be authorized and the City would continue to operate and maintain the CNG
Tube Trailer.
ALTERNATIVE ACTION(S):
None in addition to the above.
FOLLOW UP ACTION(S):
Rawhide Leasing would issue a check to purchase CNG Tube trailer in the amount of$13,500. It is
recommended that the funds be placed into the VehiclelEquipment replacement fund for future
purchases of rolling stock.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
None additional.
ATTACHMENTS:
I.Letter of intent to purchase from Steve Sheridan, CNG Technician, ICS (Instrument Control
Services, inc.)
20f2
I CS INSTRUMENT CONTROL SERVICES. INC.
1645 NEPTUNE DRIVE SAN LEANDRO, CA. 94577 PH. 510 483-2124 FAX 510 483-3557
www.icstechmnUD.com
mail@icstechgroup.com.com
City of Saratoga
Corporation Yard
19700 Allendale Ave
Saratoga, CA 95070
Attn: Mr. Rick Torres
Street Maintenance Supervisor
3/27/06
As you know we provide industrial gas service in the CNG industry. We're currently doing work
for PG&E where we use tube trailers for pipeline support during emergency or scheduled outages of natural
gas. Most of the equipment we use is owned by Ken Laird, of Rawhide leasing in Napa, CA. During
conversations with Ken Laird he expressed interest in acquiring your tube trailer as it would help meet the
future needs of our customers and the added value that the trailer is still in test.
As we stated before our main goal is acquisition of the tube trailer as we do not have applications currently
available where the CNG dispensing equipment can be useful as the technology for filling vehicles has
changed. We do understand that you also have no need for the equipment as a new CNG filling station has
been installed in your immediate area. We have revised our offer to include the acquisition of the complete
CNG filling station. Our offer will include the incurred cost for us to disconnect the equipment and
transport the equipment off premises.
On behalf on Rawhide Leasing we would like to offer $13.500.00 for the complete natural gas dispensing
station on an as is basis. We would be responsible for all transportation and labor that the system might
need to be removed safely. Upon acceptance of this offer we would have a certified cashier's check at your
office within 48 hrs. This offer will be valid for 30 days from this date.
Hopefully we can make this work out for everyone involved. If there are any questions or concerns please
feel free to call me directly at (510) 390-2422. Thank you for the opportunity to be of service to you!
Sincerely,
Stephen Sheridan
SARA TOGA CITY COUNCIL
r
MEETING DATE: May 3,2006
AGENDA ITEM:
\t=
G7~ ~/
ORIGINATING DEPT: City Manager's Office
PREPARED BY: rn~
Cathleen Bover. City Clerk
CITY MANAGER:
DEPT HEAD:
Dave Anderson. Citv Mana@"er
SUBJECT: Request for City Sponsorship for Saratoga's Relay for Life Banner of Hope
RECOMMENDED ACTION:
Accept report and adopt resolution.
REPORT SUMMARY:
The Mayor received the attached request from Saratoga business owner Christine Van Roy.
Ms. VanHoy is also the 2006 Chair for the American Cancer Society's "Rely for Life". This
year's Relay For Life", which is held at Redwood Middle School, will be on June 24-25, 2006
Relay For Life is a fun-filled overnight event designed to celebrate survivorship and raise money
for research and programs of your American Cancer Society. During the event, teams of people
gather at schools, fairgrounds, or parks and take turns walking or running laps. Each team tries to
keep at least one team member on the track at all times.
In September ofthis year, the American Cancer Society, with 10,000 volunteers, staff and
legislative ambassadors, will be going to Washington D.C for "Celebration on the Hill 2006".
This is a unique event that will show the country's lawmakers how the American Cancer Society
is waging the fight against cancer in comminutes nationwide.
Ms. VanHoy has been chosen to be a Legislative Ambassador for the American Cancer Society
and will be standing beside Saratoga's Banner of Hope. Ms. VanHoy has requested that the City
co-sponsor the Saratoga Banner of Hope with contribution of$500.
FISCAL IMPACTS:
Current YTD Balance Budget Revised Account
Use of Funds Bud2et Expenses Available Revisions Bud2et Number
001-1005-511-
Council Contingency 20,700 0 20.700 (500) 20,200 5135
001-1005-511-
American Cancer Society 500 500 5xxx
Total Use of Fuuds 20,700 0 20,700 20,700
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
N/A
ALTERNATIVE ACTION:
N/A
FOLLOW UP ACTION:
Contact Ms. VanHoy.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Posting of the agenda.
ATTACHMENTS:
Attachment A - request from Christine VanHoy
Attachment B - Budget Resolution
Attachment C - Information relating to "Celebration on the Hill 2006"
Cathleen Boyer
From:
Sent:
To:
Cc:
Subject:
Christine P. VanHoy [cvanhoy33@yahoo.com]
Thursday. April 13. 2006 9:49 AM
Norm Kline; Dave Anderson; Cathleen Boyer
Magda Jisrawi
Re: Relay For Life of Saratoga 2006
Norman,
You have made my day! Thank you for your enthusiasm and for your quick action to put this
on the agenda. Let me know what we need to do before and at that meeting. I will
actually be at a mandatory dress rehearsal for a concert I am in on Friday & Saturday May
5 & 6, so I won't be able to be at the meeting myself (unless it is before 6:00 p.m. or
after 10:00 p.m. ) I however we will have someone there to represent us.
11m sorry you won't be here for the event, however, you will be with us
in spirit. I look forward to working with the rest of the council in
building and promoting both Relay and Celebration on the Hill 2006.
Chris
--- Norman Kline <kline@caspr.com> wrote:
> Hi Christine.
>
> How exciting and wonderful. I'll place an item on our 5/3rd city
> council agenda to sign Saratoga up as a sponsor to this great event.
>
> Unfortunately, I will be in Europe from
> not be able to personally participate.
> of the council members will.
June 12th to July 4th and will
However, I'm sure the rest
>
> Norman
>
>
>
>
> On Apr 12, 2006, at 1:48 PM, Christine P. VanHoy wrote:
>
> > Mayor Kline,
> > My name is Christine VanHoy, we have met briefly a few times at
> > various Saratoga events. I am the volunteer Event Chair for Relay
>
> > For Life of Saratoga, as well as being a small business owner
> > (Curves) in Saratoga Village.
> >
> > The reason for my email today has to do with Relay For Life of
> > Saratoga 2006. As you may know, our Relay will be held this year on
> > June 24 & 25 at Redwood Middle School. Our fund raising goal this
> > year is double what we did last year - $100,000, and I KNOW we
>
> > can do this. However, it would be easier to reach this goal with
> > your help, and the help of the City Council.
> >
> > It would set a great example to have a team from the council that
> > includes family and friends, and certainly any cancer survivors from
> > that extended group. And because Relay is on line this year,
>
> > registering and managing a team, as well as fund raising, is a
> > hundred times easier and takes far less time. I'm sure that
> > Kathleen King and Aileen Kao would be very interested in being part
>
> > of a team, as they were big supporters of our very first Relay in
> > Saratoga last year. And of course I will do whatever I can to help
1
>
> > you get it all together.
> >
> > A very important second reason for this email is to request that the
> > City of Saratoga sponsor a special part of Relay this year. In
>
> > September of this year, the American Cancer Society - with 10,000
> > volunteers, staff and legislative ambassadors - will be going to
> > Washington D.C. for "Celebration on the Hill 2006". I have included
> > more detailed information on Celebration at the bottom of
>
> > this email.
> >
> > Why this is important is because I want the City of Saratoga to be
>
> > a part Celebration and be represented in Washington D.C. as a
> > sponsor of of the Saratoga Relay For Life Banner of HOPE. There
> > will be a Banner of HOPE from every Relay across the U.S. and each
>
> > banner has one or two sponsors. I have signed up Curves as one of
>
> > the sponsors, and would like to see the City of Saratoga be the
> > second sponsor. Sponsorship is $500. I am also very proud to say
>
> > that I have been chosen to be a Legislative Ambassador for the
> > American Cancer Society and will be standing beside Saratoga's
> > Banner of Hope with a lot of pride in what we have accomplised in
> > our community with Relay and for everything else it represents.
> >
> > This would be another great example to set for our community and
> > what a great way to represent our town in Washington D.C.
> >
> > If you could get back to me as soon as possible, so I can get all
> > the necessary work done to make this happen, that would be great.
>
> > Thank you for your time Mayor, and I look forward to hearing from
> > you soon.
> >
> > Christine VanHoy
> > Event Chair - Relay For Life of Saratog Owner, Curves Saratoga
> > 408.313.1768
> > cvanhoy33@yahoo.com
> > ==============================================
> > On September 19-20, 2006, nearly 4,000 American Cancer Society
> > flCelebration Ambassadors" will gather in Washington, DC for
> > Celebration on the Hill 2006--a unique event that will show our
> > country's
> lawmakers
> > how the American Cancer Society is waging the fight against cancer
> in
> > communities nationwide.
> >
> > Watch the video previewLaunched in 2002, Celebration on the Hill
> put a
> > personal face on the fight against cancer. Ambassadors from every
> > single legislative district formed an impressive grassroots force
> that
> > successfully communicated the American Cancer Society story,
> > convincing our national leaders to increase their commitment to
> > battling the disease on all fronts--research, education, advocacy and
> > patient services.
> >
> > But, there is more to be done.
> >
> > Organized by the American Cancer Society's sister issue advocacy
> > organization, the American Cancer Society Cancer Action NetworkSM,
2
> > Ambassadors will once again come to the nation's capital to meet
> with
> > their members of Congress and let them know that fighting cancer is
> a
> > priority to their constituents back home.
> >
> > Joined by thousands of additional survivors and volunteers from
> across
> > the country, these Celebration Ambassadors will unite on the
> National
> > Mall for a Relay For Life Celebration from 10 a.m. to 10 p.m. on
> > September 20.
> >
> > In true Relay For Life style, tents (one for each state) will line
> a
> > track, and a large stage will host a variety of entertainment. But,
>
> > the
> > real stars of the event will be the courageous cancer survivors who
> > will be honored in many ways, including special victory laps and
> > ceremonies.
> >
> > At dusk, thousands of luminaria purchased by individuals throughout
>
> > the
> > United States will be lit around the nation's Reflecting Pool to
> honor
> > all people who have triumphed over cancer and to remember all those
>
> > who
> > have been lost.
> >
> > Consider being a part of this historic event.
> >
> >
> > ----
> > Christine P. VanHoy (408) 313.1768 cell Owner, Curves Saratoga -
> > Marketing Consultant Volunteer Event Chair - Relay For Life of
> > Saratoga Volunteer Legislative Ambassador - Celebration On The Hill
> > 2006 American Cancer Society
> >
> > Join me in the fight against cancer:
> > http://www.acsevents.org/relay/ca/saratoga
> >
> > "Work like money doesn't matter,
> > Sing like no one is listening,
> > Dance like no one is watching, and
> > Love like it's never going to hurt." Guy Clark
>
>
Christine P. VanHoy (408) 313.1768 cell
Owner, Curves Saratoga Marketing Consultant Volunteer Event Chair - Relay For Life of
Saratoga Volunteer Legislative Ambassador - Celebration On The Hill 2006
American Cancer Society
Join me in the fight against cancer:
http://www.acsevents.org/relay/ca/saratoga
"Work like money doesn't matter,
Sing like no one is listening,
Dance like no one is watching, and
Love like it I S never going to hurt." Guy Clark
3
.CS :: Celebration on the Hill 2006
http://www.cancer.org/docroot/P ARlContent/P AR _1_6_ Celebration _'"
..
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print~
close II
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FOR LIF~tHilltjl
.. ~.
On September 19-20, 2006, nearly 4,000 American Cancer Society
"Celebration Ambassadors" will gather in Washington, DC for
Celebration on the Hill 2006-a unique event that will show our
country's lawmakers how the American Cancer Society is waging
the fight against cancer in communities nationwide.
Launched in 2002, Celebration on the
Hill put a personal face on the fight
against cancer. Ambassadors from
every single legislative district formed
an impressive grassroots force that
successfully communicated the American Cancer Society story,
convincing our national leaders to increase their commitment to
battling the disease on all fronts-research, education, advocacy
and patient services.
. Connect to the
Celebration on the
Hill 2006 site
But, there is more to be done.
Organized by the American Cancer Society's sister issue advocacy
organization, the American Cancer Society Cancer Action
NetworkSM, Ambassadors will once again come to the nation's
capital to meet with their members of Congress and let them know
that fighting cancer is a priority to their constituents back home.
Joined by thousands of additional survivors and volunteers from
across the country, these Celebration Ambassadors will unite on
the National Mall for a Relay For Life Celebration from 10 a.m. to
10 p.m. on September 20.
In true Relay For Life style, tents (one for each state) will line a
track, and a large stage will host a variety of entertainment. But, the
real stars of the event will be the courageous cancer survivors who
will be honored in many ways, including special victory laps and
ceremonies.
At dusk, thousands of luminaria purchased by individuals
throughout the United States will be lit around the nation's
Refiecting Pool to honor all people who have triumphed over
cancer and to remember all those who have been lost.
Consider being a part of this historic event.
Aj"')7f")(\(\F. ..d.cn PM
SARA TOGA CITY COUNCIL
\ v--
CITY MANAGER: el ..7 ttCY
DEPTHEAD: ~
MEETING DATE: May 3, 2006
AGENDA ITEM:
ORIGINATING DEPT: Recreation
PREPARED BY: Joan Pisani
SUBJECT: MODte Sereno Resident Status for Use of Saratoga Parks
RECOMMENDED ACTION(S):
Accept report and direct staff to amend the fee schedule to allow Monte Sereno residents to rent
Saratoga parks at resident rates.
REPORT SUMMARY:
In March, the Monte Sereno City Council voted to allocate $80,000 of their Park Development
Funds to the City of Saratoga to help with two park projects. $40,000 will be utilized to improve
the stage at Wildwood Park, and the other $40,000 will go towards the Blaney Plaza project.
Both of these projects will begin within the next few months.
In appreciation of this contribution, it has been recommended to me that Saratoga allow Monte
Sereno residents to rent space at our parks using the resident rates. For instance, the fee to
reserve a picnic area, or the stage, at Wildwood Park is $40 for residents and $55 for non-
residents. In reviewing usage of park rentals since the Recreation Department took over the
scheduling July I, 2005, no one from Monte Sereno has rented any of the parks.
FISCAL IMPACTS:
The fiscal impact should be minimal, depending upon future usage by Monte Sereno residents.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S):
Residents of Monte Sereno would continue to pay non-resident rates for use ofWudwood Park.
ALTERNATIVE ACTION(S):
None.
FOLLOW UP ACTION(S):
Amend the fee schedule.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Nothing additional.
ATTACHMENTS:
None.
ORIGINATING DEPT:
SARATOGA CITY COUNCIL
AGENDA ITEM, 3
CITY MANAGER: C3 C-#'
D ve Anderso
evelopment
MEETING DATE: May 3, 2006
PREPARED BY:
SUBJECT: City Code and Other Provisions Governing Licensed Amateur Radio Antennas
RECOMMENDED ACTIONS:
Receive report and provide direction to staff regarding regulation of Licensed Amateur Radio antennas.
REPORT SUMMARY:
On April 18, 2006, the City Council had a special meeting to interview potential commissioners for
several vacancies. At this meeting during oral communications a resident addressed the Council about a
new Licensed Amateur (Ham) Radio antenna that was installed across the street from his property. At
this meeting Staff was directed to bring forward a Staff Report on the topic and review the relevant
regulations of the Cities of San Jose, Orinda, Campbell and Los Gatos on the subject. The antenna
which was the subject of the oral communication has been duly issued a building permit and constructed
in compliance with that permit. The antenna construction is now a vested right as to which the City can
take no further action at this time. As to future regulation of Licensed Amateur Radio antennas, Federal
and State Law limit regulation by cities and other local government agencies and the City of Saratoga
has adopted regulations consistent therewith. Whether the City desires additional regulation of these
antennae is first a policy decision for the City Council, and if the City Council so desires, additional
legal research would be required to determine whether or not such additional regulation is preempted by
Federal and State Law.
DISCUSSION:
City Code Section 15-80.080 permits one Licensed Amateur Radio antenna up to 65 feet in height on
each building site, but requires the prior issuance of a building permit (but not a use permit) for the
construction of the antenna if its support structure is more than 30 feet in height. However, the antenna
must comply with the regulations set forth in Section 15-80.080, which limit the location, height,
installation and construction methodology and materials, and visual impact. The antenna installed on
the Johnson site on Montpere Way was constructed pursuant to a building permit issued by the City after
required plans were submitted and approved. Once substantial work has been performed on
constructing the antenna under a lawful building permit, the right to the antenna becomes vested. Such
is the case with regard to the Johnson antenna and hence the City cannot take any action against the
antenna at this time.
As to additional regulation in the future, Federal Law establishes a limited preemption oflocal agencies
from enacting regulations governing amateur radio station facilities, including antennas. This Federal
Law provides as follows:
"Except as otherwise provided herein, a station antenna structure may be erected at
heights and dimensions sufficient to accommodate amateur service communications.
[State and local regulation of a station antenna structure must not preclude amateur
service communications. Rather, it must reasonably accommodate such
communications and must constitute the minimum practicable regulation to
accomplish the state or local authority's legitimate purpose]. [See PRB-l, 101 FCC
2nd 952 (1985) for details)" (emphasis added)
47 C.F.R. 97.l5(b). The declaratory ruling ("PRB-l") referred to in the Federal regulation quoted
above, sought to "stike (sic) a balance between the federal interest in promoting amateur operations and
the legitimate interests of local govemments in regulating local zoning matters." Id. at 959. PRB-l
further found that local laws "that operate to preclude amateur communications in their communities are
in direct conflict with federal objectives and must be preempted." Id. at 960.
This limited preemption has also recently (effective 2004) been codified in State Law at Govemment
Code Section 65850.3.
Any ordinance adopted by the legislative body of a city or county that regulates
amateur radio station antenna structures shall allow those structures to be erected at
heights and dimensions sufficient to accommodate amateur radio service
communications, shall not preclude amateur radio service communications, shall
reasonably accommodate amateur radio service communications, and shall constitute
the minimum practicable regulation to accomplish the city's or county's legitimate
purpose.
It is the intent of the Legislature in adding this section to the Government Code, to
codify in state law the provisions of Section 97.15 of Title 47 of the Code of Federal
Regulations, which expresses the Federal Communications Commission's limited
preemption oflocal regulations governing amateur radio station facilities.
Government Code S 65850.3.
The doctrine relating to the preemption of the law of California, or a local public entity, by that of the
United States is summarized in case law as follows:
Clause 2 of article VI of the United States Constitution-the supremacy clause--
declares that 'Laws of the United States. . . shall be the supreme Law of the Land;
and the Judges in every State shall be bound thereby, any Thing in the Constitution or
Laws of any State to the Contrary notwithstanding.' Whether federal law preempts
state law is fundamentally a question whether Congress has intended such a result. . ..
The 'starting presumption' is that Congress has not so intended.' Peatros v. Bank of
America (2000) 22 Ca1.4th 147, 157.
2
[One type of preemption of State or Local Law by Federal Law is] '''conflict
preemption': 'State [or Local] law is pre-empted to the extent that it actually conflicts
with federal law.' .... Although 'state law is preempted to the extent that it actually
conflicts with federal law,' it is preempted only to that extent and no further. . ..'
City of Rancho Palos Verdes v. Abrams (2002) 101 Ca1.AppAth 367, 375. The Court in the Rancho
Palos Verdes case concluded that "conflict preemption" applies to limit the local regulations of Licensed
Amateur Radio antennae to those that do not conflict with the Federal Law.
As set forth above, the City of Saratoga has adopted regulations of Licensed Amateur Radio antennae at
City Code Section 15-80.080. These do not conflict with Federal or State Law. The City regulations
reasonably accommodate Licensed Amateur Radio antennas by allowing them as a permitted use as
long as they meet specified standards which are designed to be the minimum practicable regulation to
accomplish the City's legitimate zoning purposes. For example, the City Code requires that: "{t]he
materials used in constructing the antenna and its support structure shall not be unnecessarily bright,
shiny or reflective" and Staff has applied this standard as allowing dull grey metal antennas.
The City Code does prohibit issuance (i.e. allow denial) of a building permit for a Licensed Amateur
Radio antenna which doesn't comply with the standards in Section 15-80.080. In the Rancho Palos
Verdes case, the Court found that cities may deny a permit for a legitimate reason, citing as examples
360 Communications Co. v. Albemarle County, supra, 211 F.3d 79 [county had authority to deny permit
for construction of 100- foot tower where construction would disrupt natural balance of soil, slope, and
vegetation in mountain area]; Sprint Spectrum L.P. v. Willoth (2d Cir. 1999) 176 F.3d 630 (upholding
town's denial of request to construct three towers where construction would cause significant negative
aesthetic impact]; AT & T Wireless PCS v. City Council of Virginia Beach (4th Cir. 1998) 155 F.3d 423
[county could deny permit to construct towers so as to preserve character of neighborhood and avoid
aesthetic blight]. 1) Id. at 380.
Additionally, the City of Ranchos Palos Verdes court held that denial based on aesthetic conditions must
be grounded in the specifics of the case (i.e. be location specific) and also found that the city is entitled
to "make an aesthetic judgment about whether [the] impact is minimal, without justifying that judgment
by reference to an economic or other quantifiable impact." /d. at 381.
As to regulations limiting visual impacts from Licensed Amateur Radio antennae, in the Rancho Palos
Verdes case, the Court found that in circumstances where the denial of a permit for an antenna would
violate the federal preemption, a city may still issue a permit subject to specified conditions. City of
Rancho Palos Verdes, 101 Ca1.AppAth at 380-381. The Court cited with approval the following specific
conditions on the construction of antennae: using vegetation to eliminate blight (Western PCS II v.
Extraterritorial Zoning Auth. (D.N.M. 1997) 957 F.Supp. 1230, 1237; painting an antenna tower in a
color chosen by the adjacent property owners (Bell South Mobility, Inc. v. Gwinnett County (N.D.Ga.
1996) 944 F.Supp. 923, 925); preventing the lighting of an antenna tower, limiting the size of an
equipment building and requiring that it be made of brick (APT Minneapolis, Inc. v. Stillwater Township
(D.Minn. 2001) No. Civ.00-2500); and prohibiting the use of advertising and identification signs (Id.)
City of Ranchos Palos Verdes, 101 Ca1.AppAth at 380-381.
1 There is one new recent case which prohibits cities from denvinl! permits for antennae in the public
right-of- way based on aesthetics. Sprint PCS Assets, LLC v. City of La Canada Flintridge (2006) 435
F.3d 993.
3
We have investigated City Codes of some other Cities, including those mentioned at the special meeting.
San Jose and Orinda do not appear to regulate Licensed Amateur Radio antennae in their City Codes.
The regulations of Los Gatos, Campbell and Cupertino are attached. In general they allow Licensed
Amateur Radio antennas in residential zoning districts. Only Campbell requires a use permit for all such
antennae. If the City Council desires additional regulation regarding the approval of the construction of
amateur radio antennas, it could consider requiring a use permit for the construction of some or all Local
Amateur Radio antennae. Further research would be required to assure that requiring a use permit is
consistent with the "minimum practicable regulation" standard established by Federal Law.
FISCAL IMPACTS:
There is no fiscal impact unless the City Council directs amendment of current City Code provisions to
create additional regulation of Licensed Amateur Radio antennae. If such direction is given, Planning
Staff and the City Attorney's Office can accomplish the amendment of the City Code. The Community
Development Department is a self-funded department. The time spent on the ordinance update will
reduce the amount of billing hours available to staff. The time spent for the City Attorney to review the
ordinances will be paid for out of the General Fund.
ALTERNATIVE ACTIONS:
I. Provide Staff with direction to amend the existing ordinance and recommend it to the Planning
Commission for review.
2. Recommend Staff add amending the existing Amateur Radio Antenna ordinance to the work
program list.
FOLLOW UP ACTIONS:
Staff will proceed as directed.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
The agenda was properly posted for this meeting.
ATTACHMENTS:
1. City of Saratoga Antenna Ordinance
2. City of Campbell Antenna Ordinance
3. City of Los Gatos Antenna Ordinance
4. City of Cupertino Antenna Ordinance
5. Letter dated April 26, 2006 from Andrew Faber, Esq., attorney for Kelly Johnson
4
ATTACHMENT 1
Saratoea Ordinance
Chapter 15 ZONING REGULATIONS
Article 15-80 MISCELLANEOUS REGULATIONS AND EXCEPTIONS
15-80.080 Radio and television antennas.
(a) Definitions. For the purposes of this Section, the following words and phrases shall have the
meanings respectively ascribed to them in this subsection, unless the context or the provision clearly
requires otherwise:
(I) Antenna means any system of wires, poles, rods, reflecting discs or similar devices used for the
reception or transmission of electromagnetic waves which system is attached to an antenna support
structure or attached to the exterior of any building. The term includes devices having active
elements extending in any direction, and directional beam-type arrays having elements carried by and
disposed from a generally horizontal boom which may be mounted upon and rotated through a
vertical mast, tower or other antenna support structure.
(2) Antenna support structure means any mast, tower, tripod or other structure utilized for the
purpose of supporting one or more antennas.
(3) Licensed amateur radio station antenna means an antenna owned and utilized by a federally
licensed amateur radio operator.
(4) Satellite dish antenna means any dish-shaped antenna designed to receive and/or send satellite
signals for the purpose of television or radio reception, or other telemetry communication, having a
diameter greater than three feet.
(b) Limitation on number. Not more than one ground-mounted antenna support structure for a
licensed amateur radio station antenna and not more than one satellite dish antenna shall be
permitted on each site; provided, however, that upon the granting of a use permit pursuant to Article
15-55 of this Chapter, a second ground-mounted antenna support structure for a licensed amateur
radio station antenna may be allowed where:
(I) The site is one acre or greater in size;
(2) The height of each antenna does not exceed fifty-five feet; and
(3) The Planning Commission fmds, in addition to the findings required under Section 15-55.070,
that by reason of the size, topography, landscaping or other special characteristics of the site, the
installation of two antenna support structures having a height below the limit prescribed in
subsection (e)(3) of this Section will mitigate the visual impact upon adjacent properties and public
rights-of-way to a greater extent than the instaHation of a single antenna support structure.
(c) Building permit required. A building permit shall be required for the installation or construction
of any sateHite dish antenna or any ground-mounted antenna support structure in excess of thirty feet
in height. No such permit shaH be issued unless the antenna and the support structure comply with
the regulations set forth in this Section. Applications for a building permit shall be made upon such
form prescribed by the City and shall be accompanied by the following items:
(I) Type and description of the antenna and its support structure, including size, shape, height and
color.
(2) Plot plan showing the location of the antenna and its support structure on the site, including
distance from structures, property lines, street lines, setback lines and exposed utility lines.
6
(3) Construction drawings showing the proposed method of installation.
(4) Manufacturer's specifications for the antenna support structure and installation requirements,
including footings, guy wires and braces.
(5) Copy of FCC license, if the application is for a licensed amateur radio station antenna.
(d) Location requirements. Except as otherwise specified herein, antenna support structures may be
roof or ground-mounted, free standing or supported by guy wires, buildings or other structures. A
support structure shall be considered ground-mounted if its base is mounted directly in the ground,
even if the structure is supported or attached to the wall of a building. All antennas and support
structures shall be located on a site in compliance with the following standards:
(1) No antenna or support structure shall be located within any required yard, except that guy wires
and antenna arrays may extend into a required side or rear yard but may not extend over property
lines or street lines.
(2) No antenna support structure shall be located closer to any property line or street line than a
distance equal to one-half of the height of the antenna support structure.
(3) No satellite dish antenna shall be roof-mounted.
(4) Ground-mounted antenna support structures shall be located to the rear of the main structure on
the site, unless otherwise approved by the City based upon a finding that the alternative location will
more effectively reduce the visual impact of the antenna and its support structure upon adjacent
properties and public rights-of-way.
(e) Height restrictions. Antenna height shall mean the overall vertical length of the antenna support
structure and the antenna mounted thereon, including any length to which the antenna support
structure is capable of being raised, as measured from the peak of the roof with respect to a roof-
mounted antenna, or from the natural grade or finished grade, whichever is lower, with respect to a
ground-mounted antenna. All antennas shall comply with the following height restrictions:
(I) Roof-mounted antennas shall not exceed fifteen feet in height above the peak of the roof, except
that a single vertical pole or whip antenna which is not supported by guy wires may be erected to a
height of thirty feet above the peak of the roof.
(2) SatelJite dish antennas shall not exceed six feet in height plus one additional foot in height for
each additional three feet of setback from the yard line or lines adjacent to the antenna, up to a
maximum height often feet.
(3) Ground-mounted antennas, other than satellite dish antennas, shall not exceed thirty feet in
height, except that licensed amateur radio station antennas may be erected to a height of sixty-five
feet.
(f) Installation requirements. Every antenna and its support structure shall be constructed, installed
and maintained in accordance with the manufacturer's specifications and in compliance with the
Uniform Building Code and National Electrical Code as adopted by the City, and in accordance with
the following additional requirements:
(I) The antenna support structure shall be of noncombustible and corrosive-resistant material.
(2) Satellite dish antennas shall be self-supporting without guy wires.
(3) Whenever it is necessary to install an antenna near exposed utility lines, or where any property
damage would be caused by the falling of the antenna support structure, a separate guy wire must be
attached to the antenna or the support structure and secured in a direction away from the hazard.
Exposed antenna transmission lines and guy wires shall be kept at least six feet distant from any
exposed utility lines.
(4) The antenna shall be adequately grounded for protection against a direct strike oflightning.
7
(g) Mitigation of visual impact. Antennas and their support structures, including guy wires and
accessory equipment, shall be located on the site and screened as much as possible by architectural
features, fences or landscaping to minimize the visual impact of the antenna and its support structure
upon adjacent properties and public rights-of-way. The materials used in constructing the antenna
and its support structure shall not be unnecessarily bright, shiny or reflective. Conditions may be
imposed upon the issuance of a building or use permit to mitigate the anticipated visual impact of the
proposed antenna installation.
(h) Existing antennas. This Section shall not apply to any satellite dish antenna lawfully installed
prior to November I, 1985, or any licensed amateur radio station antenna lawfully installed prior to
May 21, 1986. Such antennas shall be allowed to remain as originally installed and shall not be
considered nonconforming structures, but any relocation or increase in the size or height thereof shall
be subject to the provisions of this Section. Any person claiming an exemption shall have the burden
of proving that the antenna was lawfully installed prior to the applicable date specified herein.
(i) Variances. The Planning Commission shall have authority to grant a variance from any of the
regulations contained in this Section pursuant to Article 15-70 of this Chapter. In addition to the
findings prescribed in Section 15-70.060, the Planning Commission shall also find that the variance
is required by reason of physical obstructions which adversely affect proper reception or
transmission by the antenna.
8
ATTACHMENT 2
City of Campbell Ordinance
Title 21 ZONING
Chapter 21.34 WIRELESS TELECOMMUNICATIONS FACILITIES
21.34.030 Permits required.
A. Permit required. Wireless telecommunications facilities shall not be installed or erected except
upon approval of a use permit or a site and architectural review permit as set forth below.
B. Permit type. Table 3-6 identifies the type of permit required in each zoning classification for each
type offacility:
Table 3-6
Wireless Telecommunications Facilities-Required Permit Matrix
Residential
Zoning
Districts and
Mixed Use
projects with
residential
uses
Use Permit Freestanding Freestanding Freestanding Freestanding
Monopole Monopole Monopole Monopole
Facade
Facade Facade Mounted Facade Mounted
Mounted Mounted Roof
Roof Mounted Mounted
Roof Mounted Roof MountedStealth
Ground Mounted Facility
Stealth Ground Ground
Facility Other types of Mounted Mounted
facilities Other types
Ground Other types of of facilities
Mounted facilities
Type of
Permit
Required
Zoning Districts
Commercial and Publicly
Industrial Zoning Owned
Districts Property
All Other
Other types of
facilities
Site and
Stealth Facility Stealth
9
Architectura
I Review
Permit
Stealth Co-
location
Facility
Stealth Co-
Location
C. Co-location. Stealth co-location facilities can be approved with a site and architectural
review permit. Nonstealth co-location facilities require approval of a use permit.
D. Conflicting provisions. Use permits and site and architectural review permits shall be
processed in compliance with Chapters 21.42 and 21.46, respectively, in compliance with the
provisions of this chapter. In the event of any conflict between the provisions of this chapter
and the provisions of Chapters 21.42 or 21.46, the provisions of this chapter shall be
controlling.
E. Findings. In approving or denying any permit required by this chapter, written findings shall
be made for the particular permit sought setting forth the factual basis for the decision.
F. Conditions. In approving an application, the city may impose conditions, as it deems
appropriate or necessary to further the purposes of this chapter, including, but not limited to,
requiring the redesign or relocation of the facility. Alternatively, the city may direct the
applicant to redesign or relocate the facility and resubmit a revised proposal for further
consideration.
G. Personal wireless telecommunication services not prohibited. Notwithstanding anything
contained in this chapter to the contrary, no decision made in compliance with this chapter
shall have the effect of prohibiting the provision of personal wireless services in the city. (Ord.
2043 ~1(part), 2004).
10
ATTACHMENT 3
Los Gatos Ordinance
Sec. 29.20.211. Exemptions.
The following telecommunications facilities are exempt from the discretionary review and
requirement to obtain a permit as described in this division iflocated outside the public right-
of-way, and are subject to review by the Town's Community Development Director:
(J) Facilities, the regulation of which, is entirely preempted by state or federal law. The owner of
the proposed facility shall provide the Town with a copy of all applicable preempting
regulations prior to installation of the exempt equipment and, if applicable, a current permit
issued by the Federal Communications Commission or the California Public Utility
Commission.
(2) A single building-mounted receive only radio or television antenna not exceeding fifteen (15)
feet in height used solely by the tenant of a residential or commercial property on which the
building and antenna is located.
(3) A single ground or building-mounted direct broadcast satellite (DBS) antenna, multi-point
distribution services (MDS) antennas, or television broadcast service (TVBS) antennas which
are less than one (I) meter or thirty-nine (39) inches in diameter when it is used for the sole
use of an occupant of a residential or commercial property on which the antenna is located.
The equipment may not exceed the height of the roof ridge of the main structure it is located or
be located within a required setback.
(4) Mobile temporary telecommunications facilities to provide public information or news events
for no longer than seventy-two (72) hours.
(5) Temporary telecommunications facilities when deployed during an emergency or natural
disaster.
(6) Facilities located entirely within a building and serving only that building.
(7) Telecommunications facilities for police, fire and other essential public health and safety
servIces.
(8) Amateur radio antenna and supporting structures when the antenna and/or supporting structure
does not exceed the height allowed by the underlying zone. The operator must be licensed by
the Federal Communications Commission as an amateur radio operator.
(Ord. No. 2113, S I, 6-16-2003)
Sec. 29.20.213. Permit process.
All wireless telecommunications facilities not specifically exempted from the provisions
of this article as set forth in section 29.20.211 are subject to one of the permitting requirements
set forth below as well as the adopted Town of Los Gatos fee schedule:
(I) Administrative land use permit. Telecommunication facilities meeting criteria for
administrative land review as may be specified in any standards enacted by resolution pursuant
to this article, Microcell and equivalent type of antenna, are subject to an administrative land use
permit review and approval and subject to adopted fee schedules. Proposed facilities meeting the
criteria for an administrative permit shall be approved by the Community Development Director
II
without action by the Town of Los Gatos Development Review Committee or a public hearing
before the Planning Commission. Any decision to issue an administrative land use permit may be
appealed to the Town of Los Gatos Planning Commission within ten (10) days from the date of
the decision.
(2) Conditional use permit. Except as otherwise provided in this article, division 4, including
section 29.20.285(6)(b), and division 5, including section 29.20.405 et seq., any wireless
telecommunications facility and/or any applicable facility as described under the conditional use
permit requirements provisions of division and related standards is required to obtain a conditional
use permit. Any modification or change to an approved facility will require an application to
modify the conditional use permit. If it is found that the change or modifications meets the criteria
identified under the administrative land use permit then the previously approved conditional use
permit may be revoked and an administrative land use permit may be issued.
(3) Development Review Committee. Prior to the public notice of the Planning Commission
hearing for a conditional use permit application for telecommunications facilities the Development
Review Committee must deem the application complete pursuant to the applicable standards set
forth in this division and related standards. Any facility that does not meet federal standards for
radio frequency ("RF") emissions, including a proposed facility where the aggregated RF
emissions inclusive of other surrounding facilities exceed federal RF emission standards, will not
be deemed complete and applications will be rejected.
(4) Planning Commission. Applications for telecommunications facilities that do not meet the
provisions of section 29.20.213(a) above, or those that at the discretion of the Community
Development Director are determined to require approval by the Planning Commission. Planning
Commission level actions include, but are not limited to, those found in this article and related
standards enacted pursuant to this article.
(5) Town Council. The Town Council shall hear items that are appealed from decisions of the
Planning Commission as set forth in the Town Code.
(Ord. No. 2113, ~ I, 6-16-2003)
12
ATTACHMENT 4
City of Cupertino Ordinance
CHAPTER 19.108: WIRELESS COMMUNICATIONS FACILITIES
19.108.010 Purpose.
The purpose of this chapter is to establish a comprehensive set of regulations pertaining to the
location, siting, development, design and permitting of wireless communications facilities for
all zones existing in this city in order to:
A. Facilitate the development of a wireless communications infrastructure in the City for
commercial, public and emergency uses, and
B. Protect the health, safety, welfare and aesthetic concerns of the public. (Ord. 1736, (part), 1996;
Ord. 1601, Exh. A (part), 1992)
19.108.020 Applicability of Regulations.
This chapter shall apply to all types of aerials and associated facilities used for wireless
communications, that is, the transmitting and/or receiving of voice, data, video images and
other information through the air via signals in the radio and microwave frequency band. This
includes aerials for amateur radio, television, wireless modems, cellular phones, enhanced
specialized mobile radio (ESMR), personal communications services (PCS), paging systems,
satellite communications and other wireless communication technologies utilizing signals in
the radio and microwave frequency band. No wireless communication facility: antennas,
masts, towers and associated equipment shall be hereafter erected, structurally altered or
enlarged other than
in conformance with the provisions of this chapter and other applicable provisions of this title. (Ord.
1736, (part), 1996; Ord. 1601, Exh. A (part), 1992)
19.1 08.030 Definitions.
As used in this chapter, the following terms are defined in this section:
A. "Aerial" means a stationary transmitting and/or receiving wireless communication device
consisting of one or any combination of the elements listed below:
I. "Antenna" means a horizontal or vertical element or array, panel or dish that may be attached to a
mast or a tower for the purpose of transmitting or receiving radio or microwave frequency
signals.
2. "Mast" means a vertical element consisting of a tube or rod which supports an antenna.
3. "Tower" means a vertical framework of cross elements which supports either an antenna, mast or
both.
4. "Guy wires" means wires necessary to insure the safety and stability of an antenna, mast or both.
13
B. "Collocation" means the placement of aerials and other facilities belonging to two or more
communication service providers on a single mast or building. (Ord. 1736, (part), 1996; Ord.
1601, Exh. A (part), 1992)
19.108.040 Site Locations.
A. Residential and Home Occupation Aerials.
I. Aerials intended for residential and home occupation use may be allowed on all residentially
zoned and used properties.
B. Commercial, Office, Industrial, Public Utility Aerials.
I. Aerials intended for commercial, office, industrial and public use are prohibited on residentially
zoned and used properties, historically designated properties and districts, OS-zoned properties
and PR-zoned properties.
2. Such aerials may be allowed on commercial, office and/or industrial zoned properties pursuant to
permitting procedures established under Section 19.108.090.
3. Such aerials may be allowed on properties zoned BA or BQ with a use permit.
4. The City may consider allowing aerials on City utility poles. (Ord. 1736, (part), 1996)
19.108.050 General Site Development Regulations.
A. Aerials.
I. The height of receiving aerials, shall not exceed forty-nine feet above ground level, unless
otherwise provided in accordance with Section 19.108.060.
2. Transmitting or transmitting and receiving aerials shall not exceed a height of fifty-five feet above
ground level, unless otherwise provided in accordance with Section 19.108.060.
3. An aerial based on the ground and exceeding a height of thirty- four feet and an aerial based on a
building and extending more than twenty-four feet above its space shall require a building
permit. The building permit requirements shall include adequate details of the location support
device including footing, guy wires and braces to the satisfaction of the Community
Development Director.
4. The section of masts and towers more than thirty feet above the ground shall have a cross-section
that can be fitted within a square with a side of twelve inches, unless an exception is granted
by the Planning Commission.
B. Antenna.
I. An antenna consisting of a single vertical element not more than four inches in diameter in lieu of
a horizontal arrangement shall be excepted from the height restriction.
2. Antennas and/or guy wires shall not overlap adjoining properties and shall not encroach upon an
easement without the written consent of the owner of the easement which shall be attached to
the application for a building permit.
C. Masts and Towers.
14
I. Concentration of Towers and Masts. The number of towers, and detached masts exceeding eight
inches in diameter at the base and thirty feet in height above ground level, allowed per lot shall
be as followed:
Lot Size
Maximum Number of Towers and Detached Masts
Less than 30,000 square One.
feet
Two. Additional towers, and detached masts, above two, not meeting the
criteria stated in Section 19.108.050.C.1. require use permit approval
by the Planning Commission.
2. Wood towers shall not be erected.
3. Masts and towers must be located at least ten feet to the rear of the front building setback line and
shall not be closer than six feet to any property boundary.
4. All commercial, office, industrial, and public utility aerial mast and tower approvals shall be
conditioned to allow the collocation of aerials and related facilities of other commercial,
office, industrial, and public utility users where appropriate and feasible.
D. Associated Facilities.
30,000 square feet or
more
I. Back up power generators shall comply with the setbacks of the zoning district and the City's
noise standards provided in Chapter 10.48 of the Municipal Code. (Ord. 1736, (part), 1996)
19.108.060 Specific Site Development Regulations.
A. Residential and Home Occupation Aerials.
I. Aerials with panel or dish antennas of more than ten square feet shall comply with the setbacks
and height limits for accessory structures.
B. Commercial, Office, Industrial, Public Utility Aerials.
1. Aerials mounted on buildings that exceed the aerial height limits stated in Section 19.108.050 may
extend six feet above the building parapet wall. An additional one foot of height is allowed for
every ten feet that the aerial is setback from the parapet, to a maximum height of ten feet
above the building parapet, before a height exception is required.
2. Detached masts and towers shall be located no closer to a residentially zoned property than fifty
feet or a distance equal to one foot for every one foot of structure height, whichever is greater.
Building mounted aerials should be located a minimum of fifty feet horizontally from any
residentially zoned property. (Ord. 1736, (part), 1996)
19.108.070 Design and Siting Review.
For aerials requiring discretionary review, the Director of Community Development or the Planning
Commission shall review the design and siting of the aerial. The primary objective is to blend
the design of the aerial into the surrounding environment, or site the aerial in such a manner to
15
minimize the visual intrusiveness of the structure. This review may include, but not be limited
to, the following criteria:
A. The weighing of the design and site advantages and disadvantages of a wall-mounted aerial versus
a roof- mounted aerial versus a freestanding aerial;
B. The use of colors, materials and textures to integrate the aerial into the surrounding environment
or building;
C. The use oflandscaping to screen the aerial;
D. The proximity and visibility of the aerial to residential properties and public right-of-ways;
E. The dispersal of aerial locations to avoid visual clutter;
F. The concentration of aerial locations to avoid visual clutter;
G. Opportunities for collocation of aerials on existing masts and towers where visual intrusiveness is
reduced;
H. The design of the building which houses the related equipment and its compatibility with the
adjoining building architecture;
1. The balancing of aesthetic concerns with the need to provide a functional communications system.
(Ord. 1736, (part), 1996)
19.108.080 Application Requirements.
In addition to the standard application requirements, the applicant may be required to provide the
following materials:
A. If more than one aerial is planned in the City within a year by a single communication service
provider, a master plan shall be prepared of all facilities that can be reasonably foreseen,
showing the proposed aerial sites and existing commercial, office, industrial and public utility
aerial locations within a one mile radius of the proposed sites. The purpose of this requirement
is to identify opportunities for clustering, dispersal and collocation of aerials to reduce visual
intrusiveness;
B. Erection of a mock aerial, computer simulation or sight-line elevations for all aerials to help
assess the visual effects;
C. Documentation that the technology and usage of that technology meets Federal Communications
Commission adopted safety standards. (Ord. 1736, (part), 1996)
19.108.090 Permitting.
A. For all zoning districts, aerials that exceed maximum height limits require a height exception
except as otherwise provided in Section 19.108.060.
B. For zoning districts that require design review, permitting procedures shall be as follows:
I. For aerials that are minimally visible to residential properties and public rights-of-way, the
Director of Community Development shall process such applications in accordance with
Chapter 19.132, "Administrative Approval of Minor Changes in Projects."
16
2. For building-mounted aerials that are moderately visible to residential properties and public rights-
of-way, the Director of Community Development, in his discretion, may refer an application to
the Planning Commission for architecturaVsite review and recommendation in accordance
with Chapter 19.132, "Administrative Approval of Minor Changes in Projects."
3. For detached aerials that are moderately to highly visible to residential properties and public
rights-of-way, a use permit approved by the Plarming Commission is required.
4. Abandonment. All City approvals for new aerials and modifications of existing aerial approvals
shall be conditioned to require the removal of the aerial and its associated facilities if the aerial
is not used for its permitted purpose for a period of eighteen months. The property owner or
applicant shall bear the entire cost of demolition. (Ord. 1736, (part), 1996)
19.108.100 Exceptions.
A. Exceptions may be granted by the Planning Commission for tower and mast cross section widths
and aerial heights exceeding the maximum limits where practical difficulties, unnecessary
hardships, or results inconsistent with the purpose and intent of this chapter result from strict
application of the chapter provisions.
B. A request for exception must be submitted on a form as prescribed by the Director of Community
Development. The application shall be accompanied by a fee prescribed by City Council
resolution. Upon receipt of an exception application, a time and place for a public hearing
before the Plarming Commission shall be set. A Notice of Public Hearing for an exception
under this chapter shall be given in the same manner as provided in Section 19.120.060. The
Planning Commission shall hold a public hearing at which time the Plarming Commission may
grant the exception based upon all of the following findings:
I. That the literal enforcement of the provisions of this chapter will result in restrictions inconsistent
with the spirit and intent of this chapter;
2. That granting of an exception will not result in a condition that will be detrimental or injurious to
property or improvements in the vicinity and will not be materially detrimental to the public
health, safety or welfare;
3. That the exception to be granted will not result in a hazardous condition for pedestrian and
vehicular traffic.
C. After closing the public hearing, the Plarming Commission may approve, conditionally approve or
deny the application for exception. The Commission's decision on the exception request may
be appealed to the City Council as provided for in Section 19.136.060. (Ord. 1736, (part),
1996)
17
ATTACHMENT 5
18
BERLINER COHEN
Al"'rDRNEYS AT LAW
SANJ'OlO^.8.liWNIiJI..
,l,,.DREIlfLFABER
ROBERT W. HUMPH!U:YS
RALPHJ.SWANSON
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STEVEN 1. CASAD
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JOiIIATHAN D WOLP
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KEVIN F. KEllEY
MARICM.\KIEWl'CZ
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A .ARTNUSHIP INCLUDING
PROFUSIONAl C(IBPQiATlOJ<;"5
TeN Al.MAD.li:N BOULEVARD
ELEVENTH FLOOR
SAN JOSE, CAUFORNIA 95113-2233
TE~PHONE: (-408)286--5800
FACSIMILE, (408) 998-5318
wwwberliner.com
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SHANNON N, (:oGAlIi
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NANCY L BkANaI'
CHoUU:! W. VOLPE
VICT(lRA,PAPPA.UItDO
Br__hOIf_-/OlclAld.CA
April 26, 2006
Mayor Nonnan Kline and
Members of the:: Saratoga City Council
City of Saratoga
13777 Fruitvale Avenue
Sal1ltoga, CA 95070
Re: Amateur Radio Antenna for Kelly Johnson
May 3, 2006 Agenda
Our File No.: ]4864-00]
Dear Mayor Kline and Members of the Council:
This office represent the interests of Kelly Johnson, who lives on Montpere Way in the City of Saratoga.
Mr. Johnson is a licensed radio amateur (call sign N6KJ) who has recently erected an amateur radio antenna
system on his property. I understand that a neighbor has asked that the matter be agendized for discussion by
the City Council.
In this letter I would like to discuss Mr. Johnson's situation and then also comment on some general
issues involving amateur antenna ordinances.
Saratoga's ordinance, Municipal Code Section 15.80.080, allows a licensed amateur radio operator to
erect one tower to a maximum height of 65 feel. There are requiremf'llts as far as the location of the tower in
rc:lation to the property lines. Mr. Johnson has met all of the criteria of the ordinance. The only pennit required
for an installation such as Mr. Johnson's is a building permit. No discretionary permit is required from the City.
As I'm sure you know, Mr. Johnson's installation complies fully with the Saratoga ordinance. He
submitted detailed plans to the City, obtained a building permit, and has built a first-class installation in
compliance theTewith.
IALF\691079.1
01.(1.42406-148&4001
19
Mayor Norman Kline and
Members of the Saratoga City Council
April 26. 2006
Because Mr. Jolmson has complied fully with the ordinance, and has incurred significant hard costs in
good faith reliance on a valid buildmg pennit. his right to maintain !he m,tallation bas fully vested. See Aveo
Community Developers, Inc. '\I, South Coast Regional Commission. (1976) 17 Ca1.3d 785. The City Council has
no jurisdiction at this point Tegarding his installa.tion. See Merriman Y. Board of Supervisors (1983) 138
Cal.App.3d 8g9 (legislative bowes bave only the power to cbange building codes. not to enforce them in
individual cases.)
I would like to discuss briefly the federal and state framework involving regulation of amateur radio
antennas and activitics. Some key points are summarized below:
. There is partial preemption at both the federal and state levels of local regulation.
ThU$. California Government Code Section 65850.3 states as follows:
f 65850.3. Regula/ion of amo.teur radio station facilities
.Any ordinance adopted by the legislative body of a city or county that regulates
amateur radio station antenna structures shall aI/ow those structures to be erected at
heiglw and dimensions sufficient to accommodate amateur radio service communications,
shall not preclude amateur radlo service communications. shall reasonably accommodate
amateur radio service communications, and shall c:onstitute the minimum practicable
regulation to accomplish the city/d' or county~i' legitimate purpose.
It is the intent of the Legislature in adding this section to the Government Code, to codify
in. state law the provisions of Section 97.15 of lit Ie 47 of the Code of Federal Regulations,
which expresses the Federal Communications Commission's limited preemption of local
regulations governing amateur radio stationfacilities.
The referenced Federal regulation states:
Except as otherwise provided herein, a station antenna structure may be erected at
heights and dimensions su.jficient /0 accommodate amateur service communications.
And Federal Conununications Commission Rule PRB-l (enacted in 1985} provides in part as
follows:
Nevertheless, local regulations which inVQlve placement, screening. or height of
antenna.v based on health, safety, or aesthetic considerations must be crafted /0
accommodate reasonably amateur communications, and to repre.i'ent the minimum
practicable regulation to accomplish the local authority's legilim(lie purpose.
. The Saratoga ordinance as it currently exists docs appear to make a reasonable accommodation to
the needs of radio amateurs in the community, Generally speaking, high frequency antennas have to
be up in the air in order to function properly. There are Tamo amateurs with towers quite a bit
higher than 65 feet (and higher antennas do in fact work better), but 65 fed would be regarded by
most amateurs as making a reasonable accommodation to their need for commWllcation.
. Amateur radio operators are licensed by the federal government. This is not just a hobby; amateurs
provide community service by providing communications at community events, as wdl as in cases
\A.lA69107Q.1
01.{l424Qi.1~1
-2-
20
Mayor Nonnan Kline and
Members of the Saraloga City Council
April 26, 2006
of emergency. When all communications were cut out in Hurricane Katrina, thousands of hams
stepped forward to take up the slack. For example, a news story on September 6, 2005 reported:
Some 700 ham radio volunteers from around the nation are a/ready at work helping in the
efforts, with more on the way, saM Allen Pills. a spoke.sntlm for the j 57,OOO-member
American Radio Relay League Inc. (ARRL), a nationwide amateur radio organization
based in Newington, Conn. '7Ytis is going to be a marathon, not a .~print, .. Pitts said. "We
have people there; we have more people coming. "
On Sunday, the American Red Cross asked for about $00 more radio operalors to assist at
sheltel"$ and food kitchens set up to aid evacuees, he said. The volunteers are driving to
needed areas and meeting with officials at staging areas in Montgomery, A.la., and in
Olrlahoma and Texas, where they are being dispatched to disaster shelters. Pitts said. The
ham radio operators travel to the disaster areas using their own vehicles and pay their
own way. he said.
Many of the volunteers sprung into action even before the storm struck the Gulf Coast,
broadcm.ting as part of a "Hurricane Watch-NetH three days before. deadly Hurricane
Katrina slammed into the coast 011I Aug, 29. Pitts said.
. All matters relating to the use of amateur radio equipment (including questions relating to radio
frequency emissions) ure regulated by 1he Federal Communication Conunission, and there is no
local jurisdiction.
I would be happy to provide any further information that might be of use.
Very truly yours,
ii7H:
ANDREW L. FABER
E-Mail: alf@berliner.com
ALF:cem
<c: David Anderson. City Manager
Jonathan Livingstone, Planning Direc.tor
Bob Vallio
Kelly Johnson
Jonathan Wittwer
\Al.FWl1079.1
OI-042G-141164001
-3-
2]
SARATOGA CITY COUNCIL
MEETING DATE: May 3, 2006
AGENDA ITEM:
L.]
tJ.JQ
ORIGINATING DEPT: Public Works
CITY MANAGER:
PREPARED BY: John Cherbone
~
SUBJECT: Request to form a Council Ad Hoc Committee to review the terms,
conditions, and maintenance practices associated with the contract for
annual maintenance of the Heritage Orchard.
RECOMMENDED ACTION(S):
Appoint a Council Ad Hoc Committee to review the terms, conditions, and maintenance
practices associated with the contract for annual maintenance of the Heritage Orchard.
REPORT SUMMARY:
Council Member Waltonsmith has requested the formation of a Council Ad Hoc Committee to
the review the terms, conditions, and maintenance practices associated with contract for the
annual maintenance of the Heritage Orchard. It has been approximately 10 years since a
comprehensive review of the Heritage Orchard Maintenance Contract has been implemented
necessitating the need for this review. Council Ad Hoc Committees have been used to negotiate
various agreements/contracts regarding the care and maintenance of City owned facilities cared
for by others, including Hakone, SASCC and Friends of the Library.
FISCAL IMPACTS:
N/A
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S):
A Council Ad Hoc will not be formed to review the Heritage Orchard Contract.
ALTERNATIVE ACTION(S):
None.
FOLLOW UP ACTION(S):
The Council Ad Hoc and staff will perform a review of the Heritage Orchard Contract and
submit an updated contract for City Council review.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Nothing additional.
ATTACHMENTS:
None.
SARA TOGA CITY COUNCIL
ORIGINATING DEPT: City Manager
CITY MANAGER:
5
e;;7~
MEETING DATE:
April 26, 2006
AGENDA ITEM:
PREPARED BY:
Barbara Powell DEPT HEAD:
SUBJECT: Funding and In-kind Support Request from Saratoga
Chamber of Commerce
RECOMMENDED ACTION(S):
Accept report and direct staff accordingly.
REPORT SUMMARY:
The Saratoga Chamber of Commerce (Chamber) has requested that the City increase its
financial and in-kind support for the upcoming Celebrate Saratoga! 2006 event to the
level provided in fiscal year (FY) 2004-05. In addition, the Chamber is requesting that
the City purchase City maps at $2.00 apiece. These requests are outlined in the
Chamber's Aprill7, 2006 letter, which is attached for your reference.
BACKGROUND:
In August 2003, the City and Chamber jointly signed the attached "Celebrate Saratoga!
Principles of Cooperation" (Principles). The Principles set forth the tasks to be
undertaken by each party and the in-kind support (e.g. permitting, storage, insurance, fee
waiver, staffing, ordering & placing barricades) to be provided by the City. Christine
Oakes, Chamber President, states in her letter that the Principles were negotiated with an
understanding they would be in effect for 5 years; however, no specific term is stipulated
in the document.
As noted in the letter, in FYs 2003-04 and 2004-05 the City paid the Chamber $2,500
each year to sponsor the "Family Fun Zone". In addition, in FY 2004-05, the City
contributed staff overtime (valued at $9,000) and equipment rental (valued at $4,000) for
that year's event. In FY 2005-06, the City purchased 1,000 City maps at $2.00 apiece,
and placed ads in the FY 2005-06 and upcoming 2006-07 maps at a cost of $400 and
$800 respectively.
lof2
Beginning in February 2003, the City also entered into a separate Services Agreement
with the Chamber, under which the City has paid the Chamber fees for service of
$10,000, with an annual cost-of-Iiving increase in subsequent years.
In FY 2005-06, facing ongoing financial constraints, the City Council voted to continue
operational funding to the Chamber as agreed to in the Services Agreement, and to
eliminate the staff overtime and equipment rental support for Celebrate Saratoga! 2006.
FISCAL IMPACTS:
Restoration of financial and in-kind support for the upcoming Celebrate Saratoga! 2006
event would cost the City approximately $9,000 for staff overtime, $4,000 for barricade
rental, and $2,500 for "Fun Zone" sponsorship. Purchase of 1,000 maps would cost an
additional $2,000, for a total of $17,800.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S):
The Chamber may be required to find alternative financial sponsors for the barricades
and "Fun Zone" sponsorship, and may need to recruit additional volunteers to substitute
for the requested staff support. City staff considers the Chamber maps to be a valuable
resource to provide free-of-charge to residents and visitors. The City may not have a
supply to provide free-of-charge to residents and visitors.
ALTERNATIVE ACTION(S):
The City Council may decide to fund any portion(s) of the financial and in-kind support
requested by the Chamber.
FOLLOW UP ACTION(S):
Execute Council direction.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Nothing additional.
ATTACHMENTS:
Attachment "A" - April 17, 2006 letter from Christine Oakes, Chamber President
Attachment "B" - Celebrate Saratoga! Principles of Cooperation
2 of2
Attachment "A"
SARATOGA
CI!"'MBnOf('OII~UC~
SARATOGA CHAMBER OF COMMERCE
14485 Big Basin Way
Saratoga, California 95070
Telephone: 408.867.0753 - Fax: 408.867.5213
email: info@saratoaachamber.ora - website: www.saratoaachamber.ora
April 17, 2006
Norman Kline, Mayor
Saratoga City Council Members
City of Saratoga
13777 Fruitvale Avenue
Saratoga, CA 95070
RE; Celebrate Saratoga! Principles of Cooperation & Saratoga City Map
Dear Mayor Kline and City Council Members,
The Celebrate Saratoga! Street Dance is the flagship event for the City's 50th anniversary celebrations in
the month of September. The Saratoga Chamber of Commerce will hold the 18th annual Street Dance on
Saturday, September 16th, 2006.
We have brought back key people to help organize Celebrate this year. Ray Froess, Abby Krimotat, Pearl
Medeiros, Judy Coulter and Kristin Davis each have more than 10 years of experience in organizing
Celebrate successfully. In the eyes of the community at large, it is important for the Chamber and the
City to cooperate in having a memorable Celebrate Saratoga! 2006. The City's financial and in-kind
support is essential.
In this spirit, the Chamber is requesting a reinstatement in full of the original Celebrate Saratoga!
Principles of Cooperation agreement signed in 2003. This agreement was reached after many hours of
sincere negotiations with the understanding that it would be in effect for five years so that both the City
and the Chamber could make long-term plans.
In addition to the agreement, the City began sponsoring the Family Fun Zone for two years in 2003 and
2004. We heard many favorable comments from parents. These individual activities were discounted for
the City and the entire area was sponsored for $2,500. We hope to have the City once again sponsor this
area within Celebrate Saratoga! 2006.
In February 2003, the City purchased 1,000 maps at a discounted price of $2 each. The Chamber is
finalizing production of a new Saratoga Street Map for 2006-2007 and would like to include your quantity
in our order.
We anticipate a cooperative and successful working relationship with the City in 2006. The Board of
Directors looks forward to meeting with you for our annual joint meeting on May 3'".
Sincerely.
~C3c.~.
Christine Oakes
President
Saratoga Chamber of Commerce
cc: Dave Anderson, City Manager
Attachment "B"
Celebrate Saratoga!
Principles of Cooperation
Celebrate Saratoga I is a city-wide celebration coordinated by the Saratoga
Chamber of Commerce during two weeks in September. The biggest event, the
Celebrate Saratoga! Street Dance, draws 30,000 attendees and is produced by
the Chamber. Other events offered by Saratoga churches, schools, libraries,
community organizations, and businesses are called Celebrate Saratoga!
Community Events. The objectives of Celebrate Saratoga I is to:
. Increase year round businesses exposure in Saratoga.
. Promote an awareness of Saratoga's rich cultural, educational, histOrical,
and community assets.
The City of Saratoga (City) ar:ld the Saratoga Chamber of Commerce (Chamber)
have a long history of cooperation with the Celebrate Saratoga! Street Dance
(event). The following is intended to document the roles and responsibilities of
the City and the Chamber.
Before the Event
.
City and Chamber meet and review this agreement no later than January
31st of each year.
.
Chamber notifies City of date for the event by January 31st and requests
City to submit encroachment permit to Caltrans.
.
The City, with the support of the Chamber, will submit an encroachment
permit to Caltrans by February 15th of each year.
. The City and the Chamber will each designate a representative for event
planning by February 28th of each year. When either the City or the
Chamber has a meeting for planning the event both representatives will be
invited to the meeting. Event signage, road closures and barricades,
safety plan, event clean-up, electrical and other event issues will be
resolved during Chamber planning meetings. Fire and Sheriff department
representatives are invited to all Chamber planning meetings.
. City will provide temporary storage in the City yard for event glasses
during the week prior to the event.
p:;gc i
Princip1es Df Celebn.,ion
Ce.lehrEte S~atogE
7/30/2003
. The Chamber will submit a Special Event Permit Application for the event
to the City by July 31 st of each year.
. Because of the City's role as an event sponsor, insurance is provided by
the City through the City's insurance Carrier, ABAG Plan Corp. The
Chamber is not required to execute an indemnity agreement. The City will
provide the Chamber with a $3 million insurance coverage in the form of
An Additional Covered Entity Endorsement through the City's insurance
carrier for the term of the event in the following areas:
o Bodily Injury & Property Damage
o Automobile Liability
o Public Officials Errors and Omissions
The City will provide the shuttle bus parking venues and the Saratoga
Village Center with a $1 million insurance coverage in the form of An
Additional Covered Entity Endorsement through the City's insurance
carrier for the term of the event in the following areas:
o Bodily Injury & Property Damage
o Automobile Liability
o Public Officials Errors and Omissions
. The Chamber will apply for and obtain all necessary permits covering
sales of food and alcohol at the event.
. The Chamber will notify all businesses affected by traffic closures or
parking restrictions of the date and time of the event in the montll of April
and again two weeks before the event. The City will notify all residents
affected by traffic closures or parking restrictions of the date and time of
the event in the month of April and again two weeks before the event.
. The Chamber will pay the ("ASCAP") license fee for music performed at
the event.
.. Any fees associated with this event under City control, including the
Blaney Plaza Banner fee. the special event permit fee, encroachment fee
and the clean-up deposit fee will be waived.
. The City will order and place necessary road closure barricades,
"Message Boards" and "No Parking" signage for the event.
Day of Event
. The Chamber will adhere to all conditions contained in the Caltrans
encroachment permit and permits for sales of food and alcohol.
Page .::
Principles (>1' CelebT6tion
CE'.J~b:.ate 5aratog"
7/30/2003
. The City will close street and r.emove "No Parking" signage along Big
Basin Way.
. The Chamber will provide shuttle busses. The routes shall be defined in
the Special Event application.
. The Chamber will develop and the City will record a public service
announcement for the Traveler's Information System (TIS) Radio. The
announcement will air one week prior to and during the event informing
travelers in the community about the upcoming event and notifying them
of road closures and parkin9 restrictions.
. Restroom facilities for the public will be provided and maintained by the
Chamber. The locations shall be defined in the Special Event permit.
. The Chamber will apply for and the City will expedite processing of a
Noise Exception Permit for the event with provisions that the amplified
sound shall not exceed 85 DBa. The exception permit will be valid from
5:30 p.m. to 10:30 p.m. on the day of the event, and the noise generated
from the event will be controBed so sound will not be unreasonably loud or
disturbing to the surrounding residential neighborhoods. If necessary, the
volume of the sound will be adjusted to comply with these conditions.
. The City will empty trash containers the day before the event and wil!
leave extra empty trash liners in City trash receptacles for Chamber use
during the event. During the event, the Chamber will empty trash
receptacles as required.
. The Chamber will contract for event security as determined by Sheriff's
Department in Chamber planning meetings. This contract will be included
in the Special Event permit.
After the Event
. The Chamber will remove all Chamber signage, equipment and debris
associated with the event.
. The City will provide the following services relating to event cleallup:
removing barricades; blowing trash and debris from the sidewalks into
gutters; and street sweeping services.
. The City will reopen all streets after the event.
Principies of Ceiebration
Celebrate Saratogt
,7/3.ni'!nn.o:
P2.ge 3
CITY OF SARATOGA
-~/-
Nick Streit
Mayor
Date: ~.lo 03
Sfl.RATOGA CHAMBER
OFC7
.......--~
David Hernandez
Chamber President
Page 4
Princip1e~ of Celebration
Ceiebi'.!ite Sara10gs
.crulD.O!l1