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HomeMy WebLinkAbout05-01-2002 City Council Agenda Packet~` ~.. AGENDA REGULAR MEETING SARATOGA CITY COUNCIL MAY 1, 2002 CLOSED SESSION- 6:00 P.M. -ADMINISTRATIVE CONFERENCE ROOM, 13777 FRUITVALE AVENUE. ANNOUNCEMENT OF CLOSED SESSION ITEMS CALL MEETING TO ORDER - 6:00 P.M. ADJOURNED TO CLOSED SESSION - 6:00 P.M. Conference With Legal Counsel -Existing Litigation (1 case): (Government Code section 54956.9(a)) Name of case: Sazatoga Fire Protection District v. City of Saratoga (Santa Claza County Superior Co.trt No. CV-803540) Conference With Real Property Negotiators (Section 5496.8): Property: 19848 Prospect Road Agency negotiator: Dave Anderson, City Manager Negotiating parties: Grace Methodist Church Under negotiation: Instructions to negotiate regarding price and terms for purchase of real property. Initiation of litigation (Gov't Code Section 54956.9(c): (1 potential case) REGULAR MEETING - 7:00 P.M. -CIVIC THEATER/COUNCIL CHAA4BERS .4"p 13777 FRUITVALE AVENUE 1IAYOR'S REPORT ON CLOSED SESSION PLEDGE OF ALLEGIANCE ROLL CALL REPORT OF CITY CLERK ON POSTING OF AGENDA (Pursuant to Gov't. Code 54954.2, the agenda for this meeting was properly posted on Apri126, 2002). l .J ARC~~ COPY COMMUNICATIONS FROM COMMISSIONS & PUBLIC Oral Communications on Non-Asendized Items Any member of the public will be allowed to address the City Council for up to three (3) minutes on matters not on this agenda. The law generally prohibits the council from discussing or taking action on such items. However, the Council may instruct staff accordingly regarding Oral Communications under Council Direction to Staff. Communications from Boards and Commissions None Written Communications None Oral Communications -Council Direction to Staff Instruction to Staff regarding actions on current Oral Communications. ANNOUNCEMENTS CEREMONIAL ITEMS lA. Resolution Commending Hugh Hexamer -Outgoing Public Safety Commissioner. Recommended action: Present commendation. 1 B. Resolution Commending Ken Biester -Outgoing Public Safety Commissioner Recommended action: Present commendation. 1 C. Proclamation Declaring the Week of May 5-11, 2002 "Be Kind to Animals Week" Recommended action: Read proclamation. 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. Arty member of the public Wray speak to an item on the Consent Calendar at this time, or request the Alavor remove an item from the Consent Calendar for discussion. Public Speakers are limited to three (3) minutes. 2A. City Council Minutes -Regular Meeting Apri13, 2002 Recommended action: Approve minutes. 2B. Review of Check Register Recommended action: Approve check register. LJ ~. 2C. Review Planning Commission Action Minutes -April 24, 2002 Recommended action: Note and file. 2D. Renewal of Law Enforcement Contract between the County of Santa Claza and the City of Saratoga Recommended action: Authorize City Manager to execute agreement. 2E. Authorization to Purchase Portable Skate Pazk Recommended action: Adopt resolution and authorize purchase. 2F. Resolution in Support of AB 954 Recommended action: Adopt resolution 2G. Authorization to Join Amicus Brief Gazdner v. County of Sonoma Recommended action: Authorize the City to join amicus brief. PUBLIC HEARINGS 3. Zoning Ordinance Amendment- Rear Yazd Setbacks Recommended action: Open public hearing; close public hearing; introduce ordinance. OLD BUSINESS 4. Mr. Lee/The Inn at Saratoga-Request to Exchange 17 Parking Spaces with the City . of Saratoga Recommended action: Accept report and directstaff accordingly. ~. Saratoga Library Budget Update Recommended action: . Informational only. G. Disposition of Existing Non-Orchard Trees in the Heritage Orchard Recommended action: Accept report and direct staff accordingly. 7. Single Story Overlay for Brookview and Saratoga Woods Neighborhoods Recommended action: Accept report and direct staff accordingly. 3 NEW BUSINESS 1 8. Fiscal Years 2002/03 and 2003/04 Draft Budget Presentation Recommended action: Accept draft budget for Fiscal Years 2002/03 and 2003/04, and begin budget study sessions. 9. Sound WaIU Fence Guidelines -Referral to Planning Commission Recommended action: Adopt resolution. 10. Proposal for Implementation of a Chemical Marker System to Trace Sources of Storm Drain Pollutants Recommended action: Approve proposal and authorize execution of contract. AGENCY ASSIGNMENT REPORTS A_gency Councilmember Alternate Association of Bay Area Government Bogosian Mehaffey Chamber of Commerce Streit Mehaffey County Cities Association Leg. Task Force Bogosian Waltonsmith County HCD Policy Committee Mehaffey Baker Emergency Planning Council Hakone Foundation Liaison Baker _ Streit/Baker Waltonsmith N/A KSAR Community Access TV Board Mehaffey Baker Library Joint Powers Association Bogosian Waltonsmith Northern Central Flood Control Zone Advisory Brd. Waltonsmith Bogosian Peninsula Division, League of California Cities Streit Baker Santa Clara County Valley Water Commission Mehaffey Bogosian Santa Clara County Cities Association Streit Baker SASCC Liaison Waltonsmith Bogosian SBDC Mehaffey. Streit Sister City Liaison Waltonsmith Mehaffey _~'~'cst Valley Solid Waste JPA Baker Mehaffey Valley Transportation Authority PAC Waltonsmith Streit West Valley Sanitation District Baker Bogosian Silicon Valley Animal Control JPA Bogosian Waltonsmith Saratoga Historical Foundation Waltonsmith Policy Advisory Board Waltonsmith CITY COUNCIL ITEMS OTHER CITY MANAGER'S REPORT ADJOURNMENT 4 In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this meeting, please contact the City Clerk at (408) 868-1269. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting (28 CFR 35.102-35.104 ADA Title II) .<~;,,~ .,;. ,. 4~+ ~*i.C:.,`Dr. CITY OF SARATOGA CITY COUNCIL MEETING CALENDAR 2002 5/7 Adjourned Meeting -Finance Commission, SBDC 5/11 Couucil Retreat 5/IS Regular_Meeting 6/5 Regulaz Meeting 6/19 Regulaz Meeting 6/25 Adjourned Meeting - Sazatoga Union School District, Cupertino. Union School District, Campbell Union School District, Chamber of Commerce, Arts Commission 7/3 Regulaz Meeting 7/17 Regular Meeting 8/7 Regulaz Meeting -City Manager Evaluation 8/21 Summer Recess 9/4 Regular Meeting 9/18 Regulaz Meeting 10/2 Regular Meeting 10;16 Regular Meeting 11/6 Regular Meeting 11%20 Regulaz Meeting 12/4 Regular Meeting 12/10 Adjourned Meeting -Council Reorganization 12/18 Regular Meeting **Please note that all meeting start at 7:00 p.m. unless otherwise posted. Regular Meetings are held in the Civic Theater, 13777 Fruitvale Avenue. Adjourned Meetings are held in the Adult"Daq Care Center, 19655 Allendale Avenue. 5 SARATOGA CITY COUNCIL MEETING DATE: May I, 2002 AGENDA ITEM: ORIGINATING~FPT~ty Manager CITY MANAGER: "`"""~G%~-G'^ PREP DEPT HEAD: SUBJECT: CommendatiiTt~r Hugh Hexamer -Outgoing Public Safety Commissioner RECOMMENDED ACTION: Present Commendation. REPORT SUMMARY: Attached is a commendation for Hugh Hexamer. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: N/A ADVERTISING, NOTICING AND PUBLIC CONTACT: Posting of the agenda. ATTACHMENTS: Attachment A -Copy of commendation. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA COMMENDING HUGH HEXAMER FOR HIS SERVICE ON THE PUBLIC SAFETY COMMISSION WHEREAS, Hugh- Hexamer has served on the Public Safety Commission since September 15, 1993; and WHEREAS, Hugh served as Chair of the Public Safety Commission for two years; and WHEREAS, Hugh initiated the campaign to expand Class C roofing requirement city-wide; and WHEREAS, Hugh facilitated programs and procedures to help mitigate the - impact of Route 85 on community traffic including a rrew signal installation, intersection redesign and a citizen traffic complaint and review process; and WHEREAS, Hugh led a Public Safety Commission study for the Council evaluating the adequacy of the city's fire protection and paramedic service delivery systems and of hazmat risk associated with residential fumigation; and WHEREAS, Hugh has been a dedicated and hard working Public Safety Commissioner, his contributions are greatly appreciated by the City Counci] and the staff; and WHEREAS, the City Council of the City of Saratoga is proud of the citizens who contribute time and talent to our community. NOW, THEREFORE, BE IT RESOLVED, that Hugh Hexamer is hereby commended and thanked for his hard work and dedication on the Public Safety Commission; and WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this 1 S` day of May 2.002. .. :. Mick Streit, Maypr ;City of Saratoga SARATOGA CITY COUNCIL MEETING DATE: May I, 2002 AGENDA ITEM: _ ORIGINATING D Manager CITY MANAGER: ~-.~ !~ PREPARED BY• DEPT HEAD: SUBJECT: Commen ation for ] pester -Outgoing Public Safety Commissioner RECOMMENDED ACTION: Present Commendation. REPORT SUMMARY: Attached is a commendation for Ken Biester. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: N/A ADVERTISING, NOTICING AND PUBLIC CONTACT: Posting of the agenda. ATTACHMENTS: Attachment A -Copy of commendation. , L. fJ. ~~ -. , i i ` ~i RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA COMMENDING KEN BIESTER FOR HIS SERVICE ON THE PUBLIC SAFETY COMMISSION WHEREAS, Ken Biester has served on the Public Safety Commission since September 15, 1993; and WHEREAS, Ken served as the liaison to the Sheriff's Department completing over 80 ride- a-longs with officers to better understand the needs of the street officer; and WHEREAS, Ken attended the Citizen's Community Police Academy and participated in annual Wildland Fire Training Exercise; and WHEREAS, Ken worker on the Public Safety Commission subcommittee that recommended augmenting the number of traffic deputies per shift; and WHEREAS, Ken assisted with reviewing and revising the Neighborhood Traffic Management Program; and WHEREAS, Ken conducted statistical analysis of the Sheriff's traffic accident and citation data relevant to Saratoga to provide the Public Safety Commission with trends; and WHEREAS, Ken serving as the Chair of the Pubic Safety Commission, hosted special meetings with residents to resolve the Devon Avenue at McFarland Avenue detour installation issue; and WHEREAS; Ken assisted with reseazching vendors, acquiring the unit, and developing procedures to put the radar trailer into operation on Sazatoga streets; and WHEREAS, the City Council of the City of Saratoga is proud of the citizens who contribute time and talent to our community. NOW, THEREFORE, BE IT RESOLVED, that Ken Biester is hereby commended and thanked for his hard work and dedication on the Public Safety Commission; and WITNESS MY HAND AND THE. SEAL OF THE CITY OF SARATOGA on this 1~` day of May 2002. yy . Nick Streit, Mayor City of Sazatoga SARATOGA CITY COUNCIL MEETING DATE: May 1, 2002 AGENDA ITEM: ORIGINATING DEPT: City Manager CITY MANAGER: ~~~ PREPARED BY: DEPT HEAD: SUBJECT: Proclamation -Declaring the Week of May 5-11, 2002 as "Be Kind to Animals Week" RECOMMENDED ACTION: Read proclamation. REPORT SUMMARY: American Humane Association is holding their 86'~ annual "Be Kind to Animals Week" on May 5-11,2002. Attached is a proclamation declaring the week of May 5-11, 2002 as "Be Kind to Animals Week". FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: NSA FOLLOW UP ACTION: N/A ADVERTISING, NOTICING AND PUBLIC CONTACT: Posting of the agenda. ATTACHMENTS: Attachment A -Copy of copy of proclamation CITY OF SARATOGA _ RESOLUTION OF THE CITY COUNCIL PROCLAIMING MAY 5-11, 2002 BE KIND TO ANIMALS WEEK WHEREAS, The American Humane Society is celebrating their 87~` Annual "Be Kind to Animals Week"; and WHEREAS, "Be Kind to Animals Week" was established in 1915 to launch humane education in the United States; and WHEREAS, back in 1915 kindness to animals was considered anovelty - or eccentric behavior. In the decades that followed, humane education has played a major role in changing society's attitudes about animals; and WHEREAS, "Be Kind to Animals Week" is an annual celebration that reminds us of the companionship, friendship, and love pets bring into our lives, and the debt humankind owes to all animals of the earth; and WHEREAS, the American Humane Society believes that everyone can make a difference. The Humane Society encourages the following: • Report animal abuse • Be a responsible pet owner • Give your pets the exercise they need • Encourage others to adopt their next pet from a shelter • Volunteer at your local animal shelter • Have your pets spayed or neutered • Help make your local shelter a happy place to visit • Teach children how to be kind to animals • Microchip your own pets, and encourage others to do the same NOW THEREFORE, THE CITY OF SARATOGA, DOES HEREBY PROCLAIM THE WEEK OF MAY 5-11, 2002 "BE KIND TO ANIMALS WEEK" WITNESS OUR HAND AND THE SEAL OF THE CITY OF SARATOGA on this 1sT day of May 2002. Nick Streit, Mayor Saratoga, California SARATOGA CITY COUNCIL v MEETING DATE: May 1, 2002 AGENDA ITEM: ORIGINATING I~P~: City Manager CITY MANAGER: x/~~~'-- PREPARED BY: HEAD: SUBJECT: City Council Minui°es.J RECOMMENDED ACTION: Approve minutes. REPORT SUMMARY: Approve minutes as submitted for the following City Council Meeting: Adjourned meeting -April 3, 2002 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 Apri13, 2002 • MINUTES SARATOGA CITY COUNCIL APRIL 3, 2002 The City Council of the City of Saratoga met in Closed Session, Administrative Conference Room. 13777 Fruitvale Avenue at 5:30 p.m. Conference With Legal Counsel -Existing Litigation (2case): (Government Code section 54956.9(a)) Name of case: Sazatoga Fire Protection District v. City of Sazatoga (Santa Claza County Superior Court No. CV-803540) Name of case: Tsung-Chin Wu, Yuh-Ning Chen v. Parker Ranch Homeowners Association (Santa Clara County Superior Court No. CV-707015) Conference With Real Property Negotiators (Section 5496.8): Property: 19848 Prospect Road Agency negotiator: Dave Anderson, City Manager Negotiating parties: Grace Methodist Church Under negotiation: Instructions to negotiate regazding price and terms for purchase of real property. MAYOR'S REPORT ON CLOSED SESSION- 7:00 o.m. Mayor Streit reported there was Council discussion but no action was taken. Mayor Streit called the Regular City Council meeting to order at 7:00 n.m. and requested Evan Baker, Vice Mayor, to lead the Pledge of Allegiance. Mayor Streit requested a moment of silence to honor the late Burton Brazil, founding Mayor of the City of Saratoga. ROLL CALL PRESENT: Councilmembers Stan Bogosian, John Mehaffey, Ann Waltonsmith, Vice Mayor Evan Baker, Mayor Nick Streit ABSENT: None ALSO PRESENT: Dave Anderson, City Manager Lorie Tinfow, Assistant City Manager Richard Taylor, City Attorney Cathleen Boyer, City Clerk Jesse Baloca, Administrative Services Director . John Cherbone, Director of Public Works Tom Sullivan, Community Development Director City Council Minutes 1 April 3, 2002 REPORT OF CITY CLERK ON POSTING OF AGENDA FOR APRIL 3, 2002 Cathleen Boyer, City Clerk, reported that-pursuant to Government Code Section 54954.2, the agenda for the meeting of March 28, 2002 was properly posted on March 1, 2002. COMMUNICATIONS FROM COMMISSIONS & PUBLIC ORAL COMMUNICATIONS The following people requested to speak at tonight's meeting: Ed Fazrell, 20877 Kittridge Road, discussed the different appeals that the Council has received in regards to the proposed station by the Fire Commissioners, Federated Church, Fire District, and the vazious neighborhoods. Don Whetstone, 14769 Vickery Avenue, noted that he is disappointed with the way things have worked out with the AdHoc Committee's efforts to develop plans for a Public Safety Center. Mr. Whetstone stated that he feels the Fire District destroyed the process. Mr. Whetstone discussed the current design of the fire Station, noting that the Fire District would end with only five pazking spaces. David Dolloff, 20685 Sigal Drive, noted that he is the Chair for the F.A.C.T. Committee. Mr. Dolloff noted that he has spent many hours participating on the AdHoc Committee. Mr. Dolloff noted that he feels the best place for a new fire station is on the Contempo property. Mr. Dolloff noted that the Fire District's azchitect has told him that the District does not have enough money to complete the project. Mr. Dolloff stated that he does not know what happened to the bond money. John Keenan, 22215 Mt. Eden Road, suggested that the City of Saratoga should consider approaching LAFCO to take over the fire protection. COMMUNICATIONS FROM BOARDS AND COMMISSIONS None WRITTEN COMMUNICATIONS None COUNCIL DIItECTION TO STAFF Ciry Council Minutes 2 Apri13, 2002 CEREMONIAL ITEMS IA. PROCLAMATION DECLARING THE MONTH OF NNE "SCLERODERMA AWARENESS MONTH: APRII. 21-27 "VOLUNTEER APPRECIATION WEEK" STAFF RECOMMENDATION: Read proclamation. 1 B. COMMENDATION FOR TERI BARON -OUTGOING TRAII,S SUBCOMMITTEE MEMBER STAFF RECOMMENDATION: Present commendation. Mayor Streit read and presented the commendation to Teri Baron. 1 C. APPOINTMENT AND OATH OF OFFICE OF PUBLIC SAFETY COMMISSION MEMBERS JIM SCHINDLER AND ISABELLE TANNENBAUM STAFF RECOMMENDATION: Adopt resolution. TITLE OF RESOLUTION: 02-022 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA APPOINTING TWO MEMBERS TO THE PUBLIC SAFETY COMMISSION MOVED TO ADOPT RESOLUTION APPOINTING JIM SCHINDLER AND ISABELLE TANNENBAUM TO THE PUBLIC SAFETY COMMISSION. MOTION PASSED 5-0. Cathleen Boyer, City Clerk, administered the Oath of Office to Isabelle Tannenbaum and Jim Schindler. CONSENT CALENDAR 2A. APPROVE COUNCIL MEETING MINUTES REGULAR MEETING -FEBRUARY 6, 2002 STAFF RECOMMENDATION: Approve minutes. BAKER/1VIEHAFFEY MOVED TO APPROVE COUNCIL MEETING MINUTES FROM FEBRUARY 6.2002. MOTION PASSED 5-0. - ~~..J Ciry Council Minutes 3 Apri13, 2002 2B. APPROVE COUNCIL MEETING MINUTES REGULAR MEETING -MARCH 6, 2002 STAFF RECOMMENDATION: Approve minutes. BAKER/MEHAFFEY MOVED TO APPROVE COUNCIL MEETING MINUTES FROM MARCH 6, 2002. MOTION PASSED 5-0. 2C. REVIEW OF CHECK REGISTER STAFF RECOMMENDATION: Approve check register. BAKER/MEHAFFEY MOVED TO APPROVE THE CHECK REGISTER. MOTION PASSED 5-0. 2D. REVIEW PLANNING COMMISSION ACTION MINUTES - MARCH 27, 2002 STAFF RECOMMENDATION: Note and file. BAKER/MEHAFFEY MOVED TO NOTE AND FII,E ACTION MINUTES FROM MARCH 27, 2002. MOTION PASSED 5-0. 2E. CLAIM OF MARILYN DENIKE; CLAIM NO. GL-053661 STAFF RECOMMENDATION: Authorize ABAG to settle claim. Councilmember Bogosian requested that Item 2E be pulled from the Consent Calendar. Councilmember Bogosian asked if the damage to the vehicle was due to a construction project in the pazking lot. Cathleen Boyer, City Clerk, responded construction was not the problem, a piece of rebar that holds the cement bumper in the ground came up, which when the claimant backed out of the pazking stall the rebaz hooked to the car's bumper. BOGOSIAN/WALTONSMITH MOVED TO AUTHORIZE ABAG TO SETTLE CLAIM OF MARH..YN DENIICE. MOTION PASSED 5-0. City Council Minutes Apri13,3002 2F. VESSING ROAD IMPROVEMENTS -NOTICE OF COMPLETION STAFF RECOMMENDATION: Accept notice. BAKER/MEHAFFEY MOVE TO ACCEPT NOTICE OF COMPLETION MOTION PASSED 5-0. 2G PAVEMENT MANAGEMENT PROGRAM -NOTICE OF COMPLETION STAFF RECOMMENDATION: Accept notice. BAKER/ MEHAFFEY MOVE TO ACCEPT NOTICE OF COMPLETION MOTION PASSED 5-0. OLD BUSINESS ALTERNATIVES FOR DECORATIVE LIGHTING GUIDELINES FOR VILLAGE BUSINESS DISTRICT STAFF RECOMMENDATION: Accept report and direct staff accordingly. Danielle Surdin, Economic Development Coordinator, presented staff report. Coordinator Surdin explained that on October 4, 2001, Council authorized staff to purchase and install energy-efficient decorative lighting in the village business district. Council directed staff survey neazby cities that offer similar decorative lighting in their business districts to help formulate the hours of usage and guidelines. Coordinator Surdin reminded Council that in November 2001, the City hosted its first tree lighting ceremony in collaboration with the Village Merchant open House to kick off the holiday season. Coordinator Surdin noted that as of February 2002, the City has received several letters from merchants including the Saratoga Business Development Council (SBDC) requesting an expansion of the downtown tree lighting program. In regazds to last year's energy crisis, Coordinator Surdin explained that any decorative lighting would be curtailed and discontinued in case of a stage 2 or 3 energy emergency. Coordinator Surdin stated that the following cities use decorative lighting in their downtown shopping district year round from sunset until 11:00 p.m. daily. The Town of Los Gatos utilizes decrative holiday lighting in their downtown shopping district beginning in November through February, year round lighting exists in their main plaza. Ciry Council Minu[es 5 Apri13, 2002 Coordinator Surdin stated that three alternatives were before the Council: • Alternative 1 o Seasonal lighting only o Seven days a week, six hours per night (5:00 p.m.-11:00 p.m.) o Fiscal Impact - $900.00 Alternative 2 o Yeaz round decorative lighting during the three most active evenings each week o Thursday -Saturday four hours per night (sunset -11:00 p.m.) o Fiscal Impact - $175.00 Alternative 3 o Year round decorative lighting, o Seven days a week 4-6 hours per night (Sunset- 11:00 p.m.) o Fiscal Impart - $7,200 Coordinator Surdin noted that in addition to the electrical costs other fiscal impacts such as on going maintenance contract with the lighting vendor as well as replacement of damaged lights would have to be considered. Donna Collins, 14519 Big Basin Way, has been in Sazatoga for almost ten yeazs. Ms. Collins noted that she is the one who first started hanging up decorative lights. Ms. Collins noted that the lights attract potential patrons to the Village. Councilmember Bogosian asked Ms. Collins if her store was open during the evenings. Ms. Collins responded that she is not open during the evening, but in her opinion patrons to the Village aze more inclined to walk up and down the Village if the lights were on. Ms. Collins stated that patrons walking might look in her window and come back another day to shop in her store. Bill Cooper, 14503 Big Basin Way, stated that the lights aze a great addition to the Village. Mr. Cooper encouraged the City Council to approve turning the lights on for a few hours during the busiest nights. Mr. Cooper noted that the lights encourage visitors to browse through downtown. Mayor Streit asked Mr. Cooper if he felt Thursday, Friday and Saturday nights were sufficient. Mr. Cooper responded that those were the busiest nights in the Village. Councilmember Mehaffey noted that he is the liaison for the Sazatoga Business --- Development Council (SBDC) whom all 100% support the lights on the weekend. Councilmember Mehaffey noted that he supports Alternative #2. Councilmember Mehaffey noted that $2,100 is not excessive. City Council Minutes ( Apri13, 2002 Councilmember Waltonsmith noted that she is apprehensive of approving any of the alternatives without asking the property owners. _ Councilmember Bogosian noted that he feels that the lights were appropriate during the holiday season, but he feels the novelty would weaz off if they were on all yeaz. Councilmember Bogosian noted he would support extending the holiday lights into February, but any longer he feels would look garish. Councilmember Bogosian noted that he disagrees that the lights are needed for safety purposes. 4. Vice Mayor Baker stated that he disagrees with Councilmember Bogosian's comments, he feels the lights add ambiance and makes the Village look magical. Vice Mayor Baker noted that with the endorsement from the property owners he would support Alternative 2. Mayor Streit noted that he concurred with Vice Mayor Baker and supports Alternative 2. Mayor Streit noted that if the merchants and/or property owners want to pay for the lights to be on seven days a week he would support it. Vice Mayor Baker noted that the lights would be turned off if there were another power crisis. Councilmember Mehaffey noted that he also supports Alternative 2. In regazds to Councilmember Bogosian's comments, Councilmember Mehaffey stated that the power crisis is over and all of the merchants support the lights. Consensus of the City Council to contact the property owners for their support and implement Alternative 2. Councilmember Waltonsmith and Councilmember Bogosain do not support Alternative 2. SARATOGA LIBRARY UPDATE STAFF RECOMMENDATION: Informational only. Lorie Tinfow, Assistant City Manager, presented staff report. Assistant City Manager Tinfow gave a brief background on the $15 million dollar bond the voters of Saratoga approved on March 2000 to renovate the Saratoga Library. Assistant Manager Tinfow pointed out the Council set aside $500,000 as a "buffer" to help assure that the final library cost would not exceed the available bond funds. Assistant City Manager Tinfow explained that staff is working with Gilbane Building Company to manage the library construction project. Weekiy meetings are held at the site to discuss scheduling, project milestones, and possible problems. Every two weeks, a stakeholders construction meeting is held. The Citizen's Oversight Committee meets monthly and oversees the library-budget to make sure funds aze being spent in accordance with the requirements of the bond measure. City Council Minutes '7 Apri13, 2002 Assistant City Manager Tinfow pointed out that currently the Library project stands at $14,127,934 for all contracts and known costs. A balance of $372,066 for change orders remains in the original budget. The $500,000 buffer remains for additional library construction if needed. In conclusion Assistant City Manager Tinfow explained that the Library project remains on budget and construction is estimated to be complete by February 28, 2003. Councilmember Bogosian stated that he recently had the opportunity to tour the library site. Councilmember Bogosian noted that he was impressed on how clean the library site was. Councilmember Mehaffey stated that it was his suggestion to put this on the agenda. Councilmember Mehaffey reiterated that all the volunteers involved with this project are doing a great job. Councilmember Mehaffey commended Assistant City Manager Tinfow on doing a greatjob managing the project. Vice Mayor Baker stated that the Library would not go over $1 S million dollars. Vice Mayor Baker noted that the City is going to get a great library. Marcia Manzo, 20477 Walnut Avenue, noted that the temporary library checks out over 60,000 volumes of books a month. Ms. Manzo noted that Gilbane informed her that there would have been no way the library could have stayed opened during construction. Bill McDonald, 15201 Montalvo, stated that he was representing the Friends of the Library. Mr. McDonald noted that the Friend's would soon be starting their fundraising efforts to buy furniture and extended volume of books for the library. Mr. McDonald noted that he is happy to hear the library's budget is on target and will be great when it is done. Councilmember Mehaffey requested that the City present a commendation to the Friends of the Library supporting their fundraising efforts. Censuses of the Council to present the Friends with a commendation supporting their fundraising efforts. AMENDMENT TO THE HERITAGE ORCHARD MASTER PLAN STAFF RECOMMENDATION: Adopt resolutions and authorize execution of contract with tree moving service. TITLE OF RESOLUTION: 02-020 RESOLUTION OF THE CITY COUNCIL AMENDING THE FY 2001-2002 BUDGET FOR AN APPROPRIATION OF $6,400 FOR TREE REMOVAL AND TRANSPLANT SERVICES AT THE HERITAGE ORCHARD City Council Minutes g Apri13, 2002 TITLE OF RESOLUTION: 02-021 RESOLUTION OF THE CITY COUNCIL AMENDING THE HERITAGE ORCHARD MASTER PLAN TO ALLOW THE REMOVAL OF NON- ORCHARD TREES John Livingstone, Associate Planner, presented staff report. Planner Livingstone explained that at the March 6, 2002 City Council meeting staff prepared a report requesting direction on the disposition of the non-orchard trees in the Heritage Orchard. At the meeting, Council directed staff to amend the Phase II Orchazd Restoration CIP Project budget and the Heritage Orchazd Master Plan to remove the trees. Planner Livingstone noted that staff investigated options to have the Oak trees moved or sold. A tree mover was contacted and explained that most of the trees aze too large to move and have structural problems, which prohibit moving them. One tree close to Fruitvale Avenue could be moved at a cost of approximately $20,000. Planner Livingstone explained that staff is recommending that this tree be transplanted to the entrance of the City as part of the Gateway Project. The Heritage Preservation is recommending that the remaining trees be removed. Planner Livingstone noted that the lowest bid for the tree removal project was submitted by Ian Geddes Tree Care Inc. for $3,450. The bid for moving and replanting the five small Oak trees is $500 a tree. The total cost of this project is $6,400. Councilmember Bogosian asked why the City is taking out the orange tree, there is nothing wrong with it and produces good fruit. A discussion took place amongst the Council in regards to the orange tree and a consensus was reached to keep it. Consensus of the Council to keep trees 1-3 and replant them and remove trees 4-9. WALTONSMITHBOGOSIAN MOVED TO ADOPT RESOLUTION AMENDING THE FY 2001-2002 BUDGET OF $6,400 FOR TREE REMOVAL AND TRANSPLANT SERVICES AT THE HERITAGE ORCHARD. MOTION PASSED 5-0. BOGOSIAN/WALTONSMITH MOVED TO ADOPT RESOLUTION AMENDING THE HERITAGE ORCHARD MASTER PLAN TO ALLOW PASSED 5-0. Councilmember Bogosain commended Planner Livingstone for a job well done on pulling this report together in such a short amount of time. - City Council Minutes 9 Apri13, 2002 I`~ LJ 6. UPDATE ON MAIL/IDENTITY THEFT STAFF RECOMMENDATION: Informational only. Captain Dennis Bacon, SCC Sheriff's Department, presented staff report. Captain Bacon reported that Sazatoga has experienced an increase in the number of mail thefts from residential mailboxes. There have been 22 thefts of mail from mailboxes from October 1, 2002 to Mazch 28, 2002. Captain Bacon explained that there are dual roles in the investigation of mail theft. The theft of mail itself is a federal offense and is investigated by the U.S. Postal Service. Any subsequent crimes committed as a result of the theft of mail such as fraud, illegal use of credit cards, or identity theft, are investigated by the Sheriff s Office. Captain Bacon explained the crime analysis as follows: Most crimes occurred on Mondays and Fridays in the late morning /early afternoon hours between 11:00 a.m. and 2:00 p.m. The greatest number of thefts occurred in the area bounded by Highway 85, Prospect, and Sazatoga Avenues, and in the Sobey/Quito Roads azea Suspect (s) took outgoing checks and incoming credit cards and credit cazd statements Captain Bacon explained that the Sheriff s Department instituted amulti-pronged approach in their attempt to prevent the thefts from occurring as well as apprehend the person(s) responsible for these crimes. Captain Bacon explained their efforts: • Increased patrols of residential neighborhoods in the target areas to include more frequent stops and identification of suspicious persons • Issuance of a press release to the local news media describing the methods used by the suspects along with crime prevention information • Coordination of efforts with the U.S. Postal Service to include meetings with the Saratoga Postmaster and sharing of information with Postal Inspectors • Providing to all letter cazriers the direct telephone number to County Communications/Sazatoga Sheriff's Oflice dispatchers to allow quick reporting of suspicious person and vehicles via cellulaz phones • Conducting several Neighborhood Watch meetings with the additional identity theft information to the presentation • Posting of identity theft information on the Sheriff's Office West Valley Patrol website l_.J • The in-progress development of a citywide mailer to all residents regarding mail and identity theft prevention as well as plans for an informational town meeting for residents City Council Minutes 10 Apri13, X002 Captain Bacon pointed out that the U.S. postal Inspectors have made two arrests in recent months in San Jose and in Santa Cruz County in which numerous mailings to and from Saratoga residents were discovered. 7 Captain Bacon noted a few crime prevention recommendations for residents as follows: • Never leave outgoing mail in a unsecured mailbox • Watch for letter carriers and remove incoming mail from unsecured residential mailboxes immediately • Obtain and use a post office box instead of residential mail delivery system • Report via 9-1-1 any suspicious persons or vehicles loitering neaz residential mailboxes Councilmember Waltonsmith thanked Captain Bacon for his report and requested that he come back every couple of months to update the City Council on mail/identity theft. Councilmember Bogosian noted that people should buy a shredder for their homes because thieves often take mail out of recycle bins. Vice Mayor Baker stated that Sazatoga is a tazget for mail theft. Captain Bacon suggested that the Sheriff's Office host a community meeting in the Council Chambers. UPDATE ON BIG BASIN WAY TRAFFIC ISSUES STAFF RECOMMENDATION: Informational only. Lieutenant Smedlund, SCC Sheriff s Department, presented staff report. Lieutenant Smedlund explained that Big Basin has become a significant route for morning northbound commute traffic. Lieutenant Smedlund noted that he placed Traffic Deputy Carl Neusel on Highway 9 from Springer Road through downtown Sazatoga to Saratoga-Sunnyvale Road to do directive enforcement for approximately one week. Lieutenant Smedlund noted that Deputy Neusel started his patrol from 7:00 a.m. to 8:00 a.m. Lieutenant Smedlund noted that Deputy Neusel observed that once vehicles passed 6u' Street their speed increased. Deputy Neusel suggested that CalTrans be contacted to post an additional sign facing the northbound lane at Jacks Road stating " 25 MPH zone ahead". This would remind-motorists proceeding northbound into downtown Sazatoga will then have a reminder that the speed limit decreases from 30 MPH to 25 MPH. City Council Minutes 1 I Apri13, 2002 Councilmember Bogosian asked if there was any way to speed up the process with CalTrans to install the recommended sign. City Manager Anderson noted that he would have the Public Works Director Contact CalTrans. Councilmember Mehaffey noted that he is concerned with the speed along Big Basin, but the biggest hazazds aze the delivery trucks that pazk in the red zone on the corner of 4a` Street and Big Basin. Lieutenant Smedlund noted that he would inform a Traffic Deputy to tazget that azea for violations. Councilmember Bogosian requested that the Sheriff s Department report back to Council after the summer concert series at the Mountain Winery. Mayor Streit thanked the Sheriff s Office for their report. SARATOGA LIBRARY ROOM-NAMING STAFF RECOMMENDATION: Accept report and direct staff accordingly. Lorie Tinfow, Assistant City Manager, presented staff report. Assistant City Manager Tinfow explained that the Library Bond prohibits funds to be used for expenditures other than those related to construction or fixed interior equipment. As a result, no funds aze available for furniture or movable equipment. The Friends of the Sazatoga Library aze prepazing to fundraise for furnishings, fixtures and equipment, and plan to launch their campaign in April. Fundraising options will include engraved floor tiles, engraved decorative book spines, and donor plaques. In the course of the Friends' planning, the question of whether or not to offer room naming as a fundraising option was raised. The Friends' have decided not to pursue the idea. However, Councilmember Bogosian asked that the topic be presented to Council for consideration in case interest was expressed by future donors. Assistant City Manager Tinfow explained that room naming as a library fundraising tool has been used in a number of libraries although none in Santa Claza County. Neazby examples include San Francisco Public Library and Orinda Library. The range of naming opportunities can extend to spaces other than rooms. The range of donations ranged from $50,000-$200,000. Assistant City Manager Tinfow noted that Council could adopt a policy of no room naming options or direct staff to develop a draft room-or space naming policy for Council consideration at a later meeting. Consensus of the City Council to direct staff to draft donation guidelines with a minimum donation for room naming at $200,000. City Council Minutes 12 Apri13, 2002 9. SANTA CLARA COUNTY LIBRARY LEASE STAFF RECOMMENDATION: Accept report and direct staff accordingly. Lorie Tinfow, Assistant City Manager, presented staff report. Assistant City Manager Tinfow explained that library services in Saratoga are provided under a lease agreement between the City of Saratoga and Santa Claza County. The City owns the building while the County provides the materials, furniture, and personnel. The most recent lease was set to terminate in 2003 with the ability for 30-year renewal in 10-year increments at the Library's request. With the expansion and renovation of the Saratoga Library, either a new lease or a lease renewal is needed to reflect the building changes and update the remaining terms and conditions. Assistant City Manager Tinfow noted that significant language from the old lease include language about land acquisition, a design process and construction, bond issuance and repayment term, and termination resulting from failure to secure financing. The new lease carries forward any of the same terms and conditions of the old, and an overview of significant provisions follow: • Use of Premises -Use is restricted to maintenance and operation of a branch library, and any sublease or occupation by others is precluded without the City's prior written consent. • Alterations, additions and maintenance -The County is responsible for maintaining the interior and exterior of the building without limitations. The City is responsible for maintaining anything beyond the exterior walls of the building (landscaping, sidewalks, parking lot). • Taxes and Utilities- The County is responsible for all tax liability and utility.cots. • Liabilityand Insurance -The County and the Gity agree to mutually indemnify each other from liability based on the same division of maintenance responsibility. Both the City and County are required to maintain liability insurance at the City's standards. • Termination -The County is permitted to terminate the lease agreement if the City decides to withdraw for any reason from the SCC Library system. The City agrees to give one-yeaz notice should it decide to withdraw. Assistant City Manager Tinfow stated that staff requests direction, specific terms and conditions for the new lease: • Term length • Cafe operation • Exterior building maintenance • Digital HVAC system assistance Councilmember Mehaffey asked if staff had information on the County's policies on renting out the community rooms. City Council Minutes 13 Apri13, 2002 Assistant City Manager Tinfow noted that she would request the County's policy and report back to Council at a future time. In regards to the proposed library cafe, Councilmember Waltonsmith requested that the City have some input on what type and who operates the cafe. Councilmember Bogosian suggested that the City Council meet with the Friends of the Library to discuss the proposed cafe. In regards to the exterior maintenance, Councilmember Bogosian stated that either the City takes caze of the Library or the City's Architect draft a protocol for maintenance and it is a part of the lease. Vice Mayor Baker stated that he is skeptical that the County could maintain the Library appropriately. Mayor Streit stated if the City takes over the maintenance, the Library should get something in return such as longer hours of operation. Mayor Streit stated that within the lease he wants to make sure there aze performance measures and a reserve fund specifically for maintenance. Attorney Taylor stated that the Library could give the City a specific amount and in turn the City puts the funds in a sinking fund and release to the library in accordance with certain provisions. Assistant City Manager Tinfow stated that she would contac± the City's Architect and find out interior and exterior costs and report back to Council at future date. Councilmember Mehaffey stated he does not support a 30-yeaz lease and suggested ] 5-20 yeaz lease. Mayor Streit stated he feels 10-1.5 yeazs is adequate. Councilmember Bogosian stated he would support a 10-year lease. Consensus of the City Council to go with a 10-15 yeaz lease with the County. AGENCY ASSIGNMENT REPORTS Vice Mayor Baker reported the following information: West Valley Solid Waste JPA -under new recycling contract household batteries would be recyclable. West Valle~Sanitation District -recently hired a new Director of Engineering and Operations. Councilmember Bogosian reported the following information: Silicon Vallev Animal Control -recently approved draft budget and in the process of negotiating a MOU with the Silicon Valley Wildlife Center. City Council Minutes 14 April 3, 2002 Councilmember Waltonsmith reported the following information: Historical Foundation -plans for the remodel of the Museum building has been submitted to the City's Community Development Department for design review. PAB -looking at eight expressways, Saratoga is at end of expressway (Lawrence Expressway), which dumps cars out on Sazatoga Avenue and prospect Road. Councilmember Mehaffey reported the following information: KSAR -continuing to look at existing polices and discussed sending Executive Director to accounting classes to help control the finances more accurately. Mayor Streit reported the following information: Hakone Foundation - developed a five-yeaz CIP program. CITY COUNCIL Tl'EMS Councilmember Waltonsmith stated she would like to discuss a draft Chamber of Commerce contract and requested that it be agendized for April 17, 2002. Councilmember Waltonsmith suggested that a subcommittee be formed to work with the City Manager to discuss the drag contract prior to the City Council meeting. Mayor Streit noted that he and Councilmember Bogosian have already been working with City Manager Anderson on the contract. Consensus of the City Council to agendize the Chambers Contract at the next regular meeting. OTHER None CITY MANAGER'S REPORT None ADJOURNMENT There be no further business Mayor Streit adjourned the meeting at 9:45 p.m. Respectfully submitted, Cathleen Boyer, CMC City Clerk City Council Minutes 15 Apri13, 2002 SARATOGA CITY COUNCIL MEETING DATE: May 1, 2002 AGENDA ITEM: ORIGINATING DEPT: Administrative Services CITY MANAGER: PREPARED BYE-- ~. DEPT HEAD: SUBJECT: Check Register: 4/11/02 RECOMMENDED ACTION(S): Approve the Check Register. REPORT SUMMARY: Attached is the Check Register. FISCAL IMPACTS: None CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): None ALTERNATIVE ACTION(S): None FOLLOVI' UP ACTION(S): Nonc ADVERTISING, NOTICING AND PUBLIC CONTACT: None ATTACHMENTS: Check Register Certification. Fund# Fund Name Date 4/11/02 Manual Void Checks Checks Total I AP CHECKS A88377-88521 1 GENERAL 457,320.86 15,898.90 473,219.76- 100 COPS-SLESF 15.13 15.13 110 Traffic Safety 150 Streets 8 Roads 12,267.99 12,267.99' 160 Transit Dev 170 Hillside Repair 180 LLA Districts 714.67 714:67 250 Dev Services 7,368.74 :7,368:74 260 Environmental 8,556.37 8;556:37 270 Housing & Comm 290 Recreation - 4,156.25 4,156.25 291 Teen Services 854.44 854.44 292 Facility Ops 605.00 ! 605.00- 293 Theatre Surcharge 159.13 159:13 300 State Park 310 Park Develpmt 85,033.05 85,033.05 320 Library Expansion 352 Infrastructure 9, 751.20 9,751 354 Park and Trail 1,431.48 1,431.48 400 Library Debt 410 Civic Cntr COP 420 Leonard Creek 700 Quarry Creek 710 Heritage Prsvn 720 Cable TV 730 PD #2 740 PD #3 800 Deposit Agency 27,835.00 27,835.00 810 Deferred Comp 830 Payroll Agency 990 SPFA Subtotal 616,069.31 15,898.90 631,968.21 PAYROLL CHECKS: 627762-27793 TOTAL ~~ 106,126.12 738,094.33 Approved by: <~nvv ..m i r+AA O 0 j O O \ p $ $ O~ K O m J 0 J N N N m N A~ y ~ Y F G O O T m O J mN N mN Na Nm ZiODSt a to V• N N O N O N N A w n O ~ 'O 3 m N J m b ~ N ~ a q O o m 2 m m m u q q b b q b b <~ A 3 a C F 4 m m y y P Z C C Z i H w r Z b n 5 r i O m m O n X F H m H A . . ~+ b~ O m ~" 41 m F 2 2 D A m m o n r 3 b O A N n n O O A q ~ y y m Z y o r M Z m m H Z Z b b Z < ~ N A o0 0 00 ob oq aH o pN oy ort1 03 03 y y C3 a m a n A A G A }1 lli n l•1 V• C a m a C V1 ..' . 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H C O O O O r O O O O Si O 'n O n O K O n • A H H H w H b H H H H b c H H A H m • m b b b o b O b b b b m Y Z b b ~ b In . w r r r N r m r r r r m b r r r N •. n N c~ v • 3 m m /t z m x ~z 00 ~c- J ~Z~ HC r b ~n O o o O m m o O O O ~' r J ~ .. c+ J •O V m _ y Y. b b O m in m c m .• 0 0 o b y SARATOGA CITY COUNCIL. MEETING DATE: May 1, 2002 DEPT: Community Development AGENDA ITEM: CITY MANAGER: ~-~.~~~~ PREPARED BY: Kristin Borel DEPT HEAD: SUBJECT: Planning Commission Actions, Apri124, 2002 RECOMMENDED ACTION(S): Note and file. REPORT SUMMARY: Attached aze the Planning Commission Action Minutes of Apri124, 2002 FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): N/A ALTERNATIVE ACTION(S): N/A FOLLOW UP ACTION(S): N/A ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: Action Minutes -Saratoga Planning Commission CITY OF SARATOGA PLANNING COMMISSION ACTION MINUTES DATE: Wednesday, Apri124, 2002 - 7:00 p.m. PLACE: Council Chambers/Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA TYPE: Regular Meeting ROLL CALL: Comrnissioneis Garakani,Jackman, Hunter, Kurasch, Roupe, Zutshi and Chair Barry Absent: Comrnissioner Roupe and Chair Barry Staff: Planners Livingstone, Vasudevan, and Welsh, Director Sullivan, and Minutes Clerk Shinn PLEDGE OF ALLEGIANCE MINUTES: Draft Minutes from Regular Planning Commission Meeting of Apri110, 2002 ORAL COMMUNICATIONS -Any member of thePublicwill be allowed to address thePlanning Commission forup to three minutes on matters not on [his agenda The law generally prohibits the Planning Commission from discussing or taking action on such items. However, the Planning Commission may instruct staff accordingly regarding Oral Communications underPlanning Commission direction [o S[aff. REPORT OF POSTING AGENDA Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on April 18, 2002. REPORT OF APPEAL RIGHTS If you wish to appeal any decision on this Agenda, you may file an "Appeal Application" with the City Clerk within fifteen (15) calendar days of the date of the decision, pursuant to Municipal Code 15- 90.050 (b). CONSENT CALENDAR PUBLIC HEARINGS All interested persons may appeaz and be heard at the above time and place. If you challenge a decision of the Planning Commission pursuant to a public heazing in court, you maybe limited to raising only those issues you or someone else raised at the public heazing(s) described in this agenda, or in written correspondence delivered to the Saratoga Planning Commission at, or prior to, the public heazing. In order to be included in the Planning Commission's information packets, written communication should be filed on or before the Monday, a week before the meeting. 1. Application #02-021 (CITYWIDE) - SARATOGA PLANNING COMMISSION; -The proposed Zoning Ordinance Amendment to create standazds to permit small wind energy conversion systems in accordance with State Assembly Bill 1207. (WELSH) (APPROVED 5-0) 2. Application #02-058 (CITYWIDE) - SARATOGA PLANNING COMMISSION; - Zoning Ordinance Amendment regarding development standazds for basements. The proposed Zoning Ordinance Amendment will include: a revised definition of "basement"; provide a definition of "hghtwell"; specify setback and size requirements; and specify planning review requirements for proposed basements. (VASUDEVAN) (APPROVED TO CONTINUE 5-0 TO MAY 8, 2002) . 3. Application #02-042 (397-25-060) - SANQUINI, 14087 Loma Rio Drive; - Request for Design Review and Variance approval to add 294 square feet to the existing first floor of the house and 501 square feet for a new second floor. The addition would add 795 square feet to the existing 1,504 square foot residence with an existing attached 440 square foot garage. The total proposed house size with garage would be 2,739 square feet. The maximum allowed floor area For this parcel is 2,444 square feet; therefore, the applicant is applying fora 295 square foot Variance. (LIVINGSTONE) (APPROVED 5-0) DIRECTOR'S ITEMS - Clarification of the Planning Commission's direction regarding the re-polling of property owners in the Saratoga Woods and Brookview Neighborhoods. NEW BUSINESS - None COMMISSION ITEMS Commissioner's sub-committee reports C0:~IMUNICATIONS ~~'ri[ten -Minutes from Regular City Council Meetings of February 12, 2002 and March 12, 2002 ADJOURNMENT AT H:15 PM TO NEXT MEETING Wednesday, May 8, 2002, at 7:00 p.m. in the Council Chambers/Civic Theater 13777 Fruitvale Avenue, Saratoga, CA if you would like to receive this Agenda via a-mail, please send your e-mail address to plannine@sara[o a.ca.us v SARATOGA CITY COUNCIL MEETING DATE: May 1, 2002 AGENDA ITEM: ~ ' - ORIGINATING DEPT: City Manager's Office CITY MANAGER: O~ PREPARED BY: Paula Reeve DEPT HE SUBJECT: Renewal of Law Enforcement Contract Between the County of Santa Clara and the City of Saratoga RECOMMENDED ACTIONS: Authorize the City Manager to sign the attached Agreement extending the contract between the County of Santa Clara and the City of Saratoga for law enforcement services for an additional three years. REPORT SUMMARY: The 5-year law enforcement contract with the County of Santa Claza expires on June 30, 2002. The contract language includes a renewal provision allowing for athree-year extension upon written notice by the City and the County to the other parties at least one hundred eighty days prior to the expiration (Attachment A). The attached Renewal Agreement extends the contract to June 30, 2005, with the parties mutually agreeing to waive the 180-day notice period set forth in Section VI (Attachment B). The only minor change to the Agreement amends Section II.A to update the Consumer Price Index information. All other contract provisions remain.in full force and effect. Later in May, Council will be asked to approve a plan developed bythe Sheriff's Office and the City specifying the levels and amounts of law enforcement services to be provided during FY 2002-03. However, the Office of the County Executive is requesting an immediate response from the City of Saratoga confirming our intention to extend the contract. Saratoga's renewal notice and those of other participating jurisdictions will subsequently be forwarded to the Boazd of Supervisors for approval prior to the contract termination. City Attorney Richazd Taylor has reviewed and approved the attached Renewal Agreement and drafted the language to amend the Consumer Price Index clause. The old wording restricted price increases to base rate plus increases in total compensation or the March CPI + 2% each year. The Bureau of Labor Statistics currently publishes CPI data in "odd" months (February, April, June) necessitating a contract change to reflect the February CPI. This_ amendment is included as Attachment B. 4 r FISCAL IMPACTS: A plan specifying FY 2002/2003 law enforcement contract service provision levels and expenses will subsequently be presented to the City Council later in May. CONSEQUENCES OF NOT ACTING: An extension to the law enforcement contract would not be approved and police protection services would terminate on June 30, 2002. ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A. ATTACHMENTS: Attachment A: Law Enforcement Contract Attachment B: Renewal of Law Enforcement Contract between the County of Santa Clara and the City of Saratoga u3. 14.u~ 1nU 15.08 rAx 4u8 2i~ u103 Sc,w aan,,.urrIc.n ~ "''"` '"° ' ATTACHMENT A LAW ENFORCEMENT CONTRACT THIS iS AN AGREE~N~D(IrbctweeP the County of Santa Clara, State of California, hereinafter refetted to az "County," and the Ciry of ~ ~ t at ~i • ll'1~ : ~ ,State of California, hereinafter referred to as "City." WHEREAS] County has the legal authority to render law enforcement services and criminal justice administrative services to incorporated cities in the County of Santa Claza and is equipped and willing to do so to the extent and in the manner hereinafter provided; and WHEREAS, City is primarily responsible for providing law enforcement services within city limits and is desirous of contracting with the County for the rendition of such services; and WHEREAS, County and Ciry desire to enter into an agreement providing for said services, specifying the natucz and extent thereof and establishing compensation to be paid therefore; NOW, THEREFORE, the parties here to agree as follows: I. LAW ENFORCEMENT 'SERVICES A. Law Eaforeemeot Ser~lces 1. Within the corptxate limits of City, County shall provide police protection .through iu SheriifPs Department az may be required by Ciry and as within the capability of Use Sheriff to provide. Services to be performed undo this Section A include patrol of established heart, respouset to emergency calls, investigative serv'trts, and other Iaw enforcement services. The cost of such stxvices shall be set forth is Exhibit B attached 2. The rendition of such services, the swtdanls of performance, the discipline of officers, and other matters incident to the performance of such services shall remain in the discretion of the Sheriff. 3. In the event of a disagreement as to the performance or amount of the services to be provided pursuant to this Section A, the Sheriff or his designee shall mat with the tepteseatabve(s) of City to review the manner of performance of such services. B. Supplemental Ser~icn Within the corporate limits of City, County shall, through its Sheriffs Department, provide supplemental services as rogrrested by the City, the oust of such services shall be at the rate set forth in Bxhibir A. Setvioes to be performed unfits this Section B shall be provided exclnsivety within the City limits of City except in as em~tgency. 'ihrse services may include, if requested by City. traffic Iaw enfotoemeat beyond the Katie services, cn'me prevention paGOls, and other law enforcement services that are capable of being schednkd and within the capability of the Sheriff to provide. 2. The plan of patrol, the hours of coverage atd other similar details shall be determined, insofar as it is possible to do so, by the mutual consent of the Sheriff and the City Marwger of Ctry. 3. The level of requested supplemental services shall be deemtined by mutual written agreement between the County and the City prior to the beginning of the fiscal year. The agroed upon level of supplemental service shall remain constant in the fiscal year, excxpt upon sixty (n0) days written notice by either parry. City may, at any bate during the tercet of this contract, request supplemental service from the Sheriff for a spxifin period within any fiscal year. Said Agreement for Suppkmenul Services shall be an addeadtan to. this agrcement and shall provide for the type, cost, level and time of such services. UJ 14. U1 tHU 15. US rAA 4US .l~ UlU$ ~WU EX,.,,.Utrll.n 10005 a C. Supplemental Reserve Services These services ate provided by reserve deputy sheriffs. Their primary tesponsibiGry is the patrolling of the pazks within Ciry, the transportation of amestees from the arrest location ro the appropriate jail facility, aid additional services u requested by City and approved by the Sheriffs Department . Plan for Service ~~ I. Prior to April of each contract year Ciry shall provide to the Sheriff a wriaen statement of the level of law enfoccentetrt service to be provided during the touring coanact year. ff City fails to request a specific level of service for the coming fiscal year not less than thirty (30) days prior ro the start of the focal' yeaz, County may provide the same level of service as was provided during the previous fiscal yeas but for a period of time not ro exceed 30 days. 2. In April of each contract year, Gry anti Sheriff shall develop a plan whicft specifies the level and amount of services to be provided in the ensuing fiscal year. E. Assigtment and Transfer' Policy Sheriffs deputies assigned to provide Law Eofotcemeut Services and Suppkrneatal Servioa as herein desm'bed shall be assigned [o Ciry for a period of not less than three years except when a person fr texssigtled because of prottrotion or layoff, because a psuasfer is requested by the individual, or by the Ciry anti anettered is by the Sheriff. Special Assignment petsomel (erg. SRO) shall be assigned ro (Sty far a period of not less than five yarns except when a person is reassigned because of prornodon or layof& because a transfer is requested by the individual, or by the City and mncurted in by the Sheriff. F. Desigrntion of Chiet of Polite If Ciry shall so desire, arYf Couary anti the Shaiff'shaU so agree, nothing is the agrameat psevenrs or limits Ciry from designating the Sheriff or his designee as its Chief of Polia in otdc ro satisfy the provisions of Part I, Division 3, Title 4 of the Calrforaia Goverameat Coda (sections 36501, et seq.). However, this shall ant affect the authority of the Sheriff to control anti rbtect employees of his departmem in carrying out duties anti obligations pursuant to this contract and shall not increase nay liability to the Cotmty arising from this ag[eement O'. Disaster Contingency Plan 1. In tlx event of a tnsja disaster that aeorssitares the activation of sn Emergency Operations Ceara in City, a Sheriffs representative shall immodiateiy be dispatched anti report ro the Director of Emergency Services (wry, Manager). 2 Initial response by a Deputy Sheriff may be the nearest patrol unit or able bodied officer available. 3. A predesignated Sheriffs Etaetgettcy Operations Ceara liaison officer shad be notified ns soon as possible ro respond to the Emageaey Operations Center and eoordimte law enforocment respoosibilities. 4. The predesiguertd Emergency Operations Center liaison officers maiataiaed on the active call list shall be available ro tilt Diroctor of Etnageacy Services. 5. Responsibility fo[ personnel instruction and any speeialiaed training is the Exsetgertcy Operations Center shall be provided by City. r~ u 03i14i02 "1...u 15:08 FA% 408 277 0103 SCCO E%EC.OFFICE ~' H. Criminal Justice Administrative Fee County shall provide booking and processing services to those arrested persons within the Corporate limits of Ciry, and who aze brought to the County jail for booking or detention as set forth in a separate agreement. [. Communication Services The County shall, through its Communication Department,'provide for emergency communication services . in support of the Sheriffs Department and City's operations. Servicrs wi4 include 24 how per day 9• l-1 telephone answering and radio dispatching of Sheriffs personnel. Services will be ptovidod in aaordattce with the existing departrnental operational procedures. II, COMPENSATION A. Compensation for Law Enforcement Services Provided by Sheriff 1. The Ciry shall compensate the County utiGziog the 1997-98 base rate established for general law enforcement and rnunry commturications (hereinaftu "law eafotcemem'~. The patties agree that anntud increases to law enforoetnent service costs shall tie limited [o the bau rate times the percentage increase in total cotrtpertsationprovided coal] patrol deputies of the SheriB's department as set forth in a caladation formula agreed and attached hereto as Exhibit S" and iacotporated herein by refenettce, or the Mamh ro / Match Consumer Price Index - for Saa Fkancisco/Oakland/Saa Jose -for the Urban Wage Enterers (hereinaftu "CPI/W") plus 2%, whichevu is less. These contractual costs maybe adjusted only one (I) time per year ro be effective at the start of each fiscal year on July 1. 2. i£ doting the course of a fiscal year, it appear that the Sheriff will exceed the planned level of service, City or Sheriff shall as soon as possible notify the odor party and propose amendments or modificatiotss to the plan of servicrs for the balance of the fiscal year. Ciry or Sheriff shall raaticw any such proposed modificatiotu but is not obligated ro approve them. Jf Ciry does not approve them, the 56eriff is not obligated to provide such services ova and above the level of services provided in the plan. City is trot obligated ro pay for services in an amount geatu than the total that has been approved is the plan. 3. Ice those years during which a contract is ro be negotiated between the Couary of Santa Clara and the . Dcpury Sheriffs Association, and bas not bees settled for the purpose of computing incteasee in this agrezment, the County shall utilize the CPUW plus 2% for computation of said increases. County will subsequeady notify City of any iac[sases in rates resulting from the new contract Demo, within thirty (30) days of the date of such contract resolution, and if such increase is less than that computed undo the CPI/W plus 2%, the amount of said contract far that year will be adjusted acco[dingly with the decreau retroactive ro luly 1 of that connactyear. 4. County shall specify ro City, na less rhea sixty (60) days prior ro the start of City's fiscal year the new projected budget annttal contract amount. 5. 1. City shaD compensate County at the primary rate, for the "Activity" and "Patrol" time expended in the City. Activity and Patrol timer include those categories identified as Codos 671 through 674, 682, 846 and 847c. Additionally, Cottmy shall charge Ciry for meal periods, "beat preparation" tithe, and "securing fiom beat" time at the tare of rm pmant (1096) of the above-referenced ]roars: 2. "Activity" and "Patrof'• times are identified through the County Patrol Activity Network Analysis (COPANA) and Patrol Activity Report (PAR). A listing of items and dreir designations as "Activity" or "Patrol" are to be set forth in the attachment to the yeazly plan for service. 6. If the annual increase related ro compensation for law enforcement services exceeds CPUW plies 2% in any contract year, the patties shall ague ro enter into negotiations for the sole purpose of arriving at a mutually agreed upon alternative. Moos 03i14i02 1._A 15:09 rA% 408 277 0103 5000 r,enC.OrrIt,n B. SupplementaVReserve Service Compensation for atl services within Sections l.A.. B. and C. to be rendcrcd pursuant to this agreement shall be based upon one of the following five (5) rates pec hour of service: a. Primary Rate. This rate is calculated to reflect the average full cost of operating a Sheriffs patrol vehicle. b. Supplemental Day Rau. This rate is ralculated according to the cost of operating a ortaperson Sheriffs vehicle during periods when the night shift differential salary increment is not payable ro the deputy who operates the vchicle: c. Supplemental Night Rau. This rau is calculated acceding to the cost of operating a ortc~petson Sheriffs vehicle during periods when the night shift differential salary increment is payable to the deputy who operates the vehicle. d. Supplemental Reserve Rau. Tlus rato is calculated according ro the cost of operating a two- person Reserve Deputy Sheriffs vehicle. _ e. Invesfigative Service Rau. This rau is calculated ro reflett the average tuR cost per hour of an investigator's time. 2. City shall compensau County monthly for each hour of Supplemental Service at the tares desrxibod above and specified in Bzhibit A. C. Operating Costs of Westside Substation 1. City and County shall share the costs of operating the Wesuide Substation as follows: a. The City's share of the operating cost will be based upon the 1997-98 base rau established for Westside Substation operation costs .The parties agree that annual increases shell be limited to the base rau times the March to Match Consumer Price ladex -for San Francisco/Oakland/San Jose -for the Urban Wage . Earners (herdaafur "CPI/W") plan 290, These costs may be adjusted only one (1) time per year to be effective at the smtt of each fiscal year on July 1 b. City shall pay to County monthly that portion of the substation operating costs attributable ro City. Any change to the location of rite substation, or the cost of the facility over and above the contract language as set forth in II.C.l.a., shall be mutually agreed to by the parties to this agroement a For the purposes of this provision of the Agreement (1) "Operating Costs" are defined as the cost of rent, janitorial services, minor [[:pairs, and utilities, d. Prorate share ro City for substation costs will not be changed during the tent of this agreement due ro the loss of any coacacting city unless mutually agreed to by the remaining parties to the agreement B. Compeusation for Criminal Justice Administrative Services The criminal justice adminisaative fee is based upon an epprovcd Ordinance No. NS - 300.470. f~oo7 iT u3.14. u2 1. .U 15:09 rAX 408 277 0103 SCCO EXEC.OFFICE J C. Method of payment for all Services Compensation for ail services shall be paid by Ciry to County in the following manner: 1. The City shall pay to County an amount equal to one-twelfdt of the annual projected budget amount in Exhibit B. First payment is due on the tenth day following the last day of each month of the contract year. 2. Adjustment to the law enforcement annual projected budget mount shall be performed on an annual basis aS fOliewS: a The difference between the actual cost of police services for the pmrious twelve months, as shown by dte COPANA report and the amount actually paid by Ciry to County for the previous year's services shall be added to, or subtracted from, the annual amount paid. b. Other police services not included in COPANA Repass shall be reconciled annually for those specific SeN1eeS. 3. Payments, or any portion thereof, not made by Ciry to County within thirty (30) days of the due dare shall accrue in[etest a[ the tare of ten percent (1096) per annum until paid. Interrst so acrnted shall be payable to County on the last day of the month in which it acaued. 4. By September 30 following the and of the contract year, Couary shall provide to Ciry the COPANA report for the entire contract year. ff the amount actually paid by Ciry to County exceeds the wst of law enforcement services and operating costs of Westside Station as set forth in the COPANA report, County . shall pay to Ciry the amount of sorb excess by October I following the end of the contract year. Within twenty-one (21) days of receipt of such final COPANA report, Ciry shall pay to County the full amount, if any. by which the costs of police services, as set forth is all COPANA reports for the contract year, exceeds the amount actually paid by City for such services. For purposes of calculating the: final amour[ due to County from City, City's credo for the amount actually paid by Ciry shall not include any interest paid by Ciry due to tarn monthly payments. _ . IIL REPORTS A. Monthly Reports 1. County shall provide to City oa a moatlrly basis report(s) on theincidence of crime and "activity" and 'patrol "bouts expended within City. Said report(s) sludl differentiate between " law enfotcemcnt services" and "suppletnenwl services," and shall be in a format as agreed upon between County and City 2. County shall provide such month end reports to City witltia thirty (30) days of the last day of that month. 3. By September 30 following the ead of the rnnttact year, County shall provide to Ciry the COPANA report for the entire contract year. 4. Special additional reports requested by Ciry may be provided at cost. IV. HOLD HARMLESS CLAUSE A. The County shall indemnify, defend, and hold harmless the City, its offices, agents and employees from any loss, liability, claim, injury or damage arising out of, or in coancctioa with, performance of the duties and obligations of the County and its employees set forth is this agreement. B. The City shall indemnify, defend. and hold harmless the County, its officers, agents and employees from any loss, liability, claim, injury or damage arising out of, or in connection wiU4 performance of the duties and obligations of the Ciry and its employees set forth in this agtee;meat moos Oai14i02 1. .U 15:10 t•Ae 408 c77 010 St,~o nnn~.uttl(.t: 11~j0u9 V. INSURANCE AND LIABILITY County and City shall each maintain its own liability insurance coverage, through self-instttance or otherwise, against any claim of civil liability arising out of the performance of this agreement VI. TERM OF AGREEMENT This agreement shall become effective on July 1, 1997, and may be temrinated without cause by County or City upon the giving of ninety (90) days written notice of such termination ro the other patty. In the absence of such noticc of termination, this agreement shall be effective fa a tam of sixty (60) months until June 30, 2002. subject to any modifications which are trade in accordance with the tarns and conditions of this agreement. f At the expiration of this five (5) year ccnnact, dris contract shall be renewed for an additional dune (3) year period upon written nonce of renewal by City and the County to the other patties at least one hundred eighty (180) days prior ro the expiration of this conaact. COUNTY OF SANTA CLARA Date: JUN ~ o t9'9z ATTEST: Phyllis Perez. Clerk Board of Supervisors By: James T. B , Jr., Cbair, Bo of Supervisors APPROVED AS TO FORM AND LEGALITY: Brian L. Can, Deputy County Courrsel (Dare) Date: s cmr of 5.4 nATD~iA By: ~~.~ .,~, City Manager APPROVED AS TO FORM AND LJ ~' S ~ City Attorney (Date) Oa. 14. 02 1. .U 15.1u rAa 408 2~~ ulu3 $l.t.O nd.,~.Urrl(.n ~_ EXHIBIT A COUNTX OF SANTA CLARA APPENDIX ".A" FISCAL PEAR 1997-1998 ADJUSTMENT IN COST FOR LA W ENFORCEMENT RATES AS THEY ARE LISTED IN APPENDIX "A" GENERAL LAW ENFORCEMENT (PAGE A-8) NEW RATE 87.63 OLD RATE 84.16 HOURLY INCREASE 3.47 4.1231% I(/j 010 NIGHT SUPPLEMENTAL-MOTORCYCLE (PAGE A-21) NEW RATE 8836 OLD RATE 8521 HOURLY INCREASE 3.15 3.6967% DAY SUPPLEMENTALPATROL CAR(PAGE A-21) 'W RATE 86.38 .A RATE 82.92 HOURLY INCREASE 3.46 4.1727% NIGHT SUPPLEMENTAL.PATROL CAR(PAGE A 21) NEW RATE 88.28 OLD RATE 84.82 HOURLY INCREASE 3.46 4.0792% DAY SUPPLEMENTAL-MOTORCYCLE(PAGE A Zl) NEW RATE 86.46 GLD RATE 83.31 HOURLY INCREASE 3.15 3.7811% C~ DETECTIVE (PAGE A-24) NEW RATE 80.63 OLD RATE' 81.01 HOURLY INCREASE (0.38) -0.4691% ~~ PARK PATROL (PAGE A-23) NEW RATE 31.86 OLD RATE 30.45 HOURLY INCREASE 1.41 4.6305°/. a!L I /97 A - 1 u . i.. uz inu ia:iu rnx a~ z. ~ _ius ,,,,.;u ..~ ~.ur.iu.. PROPOSED COSTS FISCAL YEAR 1997-1998 LOS ALTOS MONTE RATES CUPERTINO HILLS SERENO SARATOGA 3ENERAL LAW ENFORCEMENT FY 1997-1998 u1i t ~,... UNINCORP. CITIES Actual Hours -Activity 6,786.7 Actual Hours - Patrof 6,188.7 900 Codes (10% of Above Hours) ~ 1,297.5 Toml Hours 32,100.0 6,340.0 0.0 20,250.0 ~~ 14,272.9 Proj Costs FY 1997-1998 @ $87.63 52,812,923 ~~ $555,574 $0 51,774,508 $1,250,734 ~~ IUPPLEMENTALPATROL-DAYS: Actual Hours 7,200.0 0.0 0.0 2,080.0 0.0 o - mo Proj Costs FY 1997-1998 @ $86.38 $0 $0 S 179,670 Cupertino @ $86.46 $622,5 l2 ;UPPLEMENTAL PATROL -NIGHTS: Actual Horns 2,080.0 0.0 - 0.0 -- (,248.0 0.0 ~ Act. Cosu FY 1997-1998 @ $88.28 SO $0 S! 10,173 SO Cupertino ® $8836 5183,789 NVESTIGATTTJE HOURS: Actual Hours 6,330.0 350.0. 0.0 2,000.0 Detective Investigation: Aventge of last 6 ys(Cup.& Sar.) 6,183.7 306.8 1,808.8 0.0 Proj Costs FX 1997-1998 (v~ 580.63 $510,388 ~~ $.28,221 SO $161,260 $0 421 /97 A . 2 u3.14i02 1nU 15. 1u rAS 4u8 2~i u103 SI,~J ..X...;.urr1G~ PROPOSED COST'S FISCAL YEAR 1997-1998 LOS ALTOS RATES CUPERTiNO - HILLS RESERVES ACTfViTY HOURS: Actual Hours 1,650.0 40.0 012 MONTE UNINCORP. SERENO SARATOGA CITIES 0.0 430.0 200.0 Proj Costs FY 1997-1998 @ $31.86 ~ 51,274 50 513,700 $6,372 JPERATING COSTS OF WESTSIDE SUBSTATION: (See Note) ?st Costs FY 1996-1997 Hours 41,380 b,340 0 23,578 14,273 85,571 ?eicentage 483575% 7.4091% 0.0000% 275537% 16.6797% Proj Costs FY 1997-1998 @ $90,200 43,618 6,683 0 24,853 15,045 ~TAL COSTS: ~ ' projCostsFY 1997-1998 4,225,799 591,752 0 2,264,164 1,272,151 ~RMNG TJNDER THE INFLUENCE Act Cosa FY 1997-1995 @ 586.46 0 0 0 0 0 (contracted hours:Cup,:3487) (actual hours : Cupecul~o= 0 Saratoga = 0 iCfi00LS RESOURCE OFFICER __ Act Costs FY ]997-1998 ® $70.10 234,134 0 0 103,748 0 fOTAL SHERIFF LAW ENFORCEMENT COSTS Proj Costs FY 1997-1998 4,459,933 591,752 0 2,367,912 1,272,151 ~MIvIUNICATIONS COSTS Proj Costs FY 1997-1998 0 0 0 0 _ 0 421 /97 A - 3 oi.,o ,w na ,.u.. u. PROPOSER COSTS FISCAL YEAR 1997.1998 LOS ALTOS RATES CUPERTINO kI1LL5 900KING FEES Proj Costs PY 1997-1998 TOTAL LAW ENFORCEMENT COSTS 'roj.Costs FY 1997-1998 _ TOTAL COSTS COMPARISON ~roj.Costs FY 1947-1998 MONTE SERENO SARATOGA _ul3 ~~ UNiNCORP. CITIES 98,708 ~ 2,185 0 17,119 0 4,558,641 593,937 0 2~ 85,031 1,272,151 CONTRACT UNWCORP. CITIES AREA 7,537,609 1,272,151 /' ~ 42I /97 A - 4 U3i 14i u2 1..J 15.11 rAx 4u8 2i~ ulu3 Sc,W nn.aC. Urrl(,n 1Q 014 t EXFABff B COMPENSATION FOR SERVICES Calculation Formula To calculate the annual projected budget increase to this connect, the following shall apply: ANNUAL COST OF L1V WG INCREASE IN TOTAL COMPENSATION: Tonal compensation refew to the amount Santa Clara County Sheriff Departrnent provides for total compensation (salary and benefits) at top step for a 40 hour patrol deputy. At the wbsequent July t, the new total compensation amount will be divided by the tonal compensation effective on the prior July 1. to derive a percentage change in total compensation. The annual projected budget increase in contract costs shall be computed as follows: Fiscal Year 1997-98 Base Year 1997-98 costs = Appendix "A" Fiscal Years 1998-99 tbrong6 2001-02 Preceding Base Yeaz costs X Lessor of Percentage change itr total compensation or CPIAI plus 2% `J ATTACHMENT B RENEWAL AND AMENDMENT OF LAW ENFORCEMENT CONTRACT BETWEEN THE COUNTY OF SANTA CLARA AND THE CITY OF SARATOGA The County of Santa Clara and the City of Saratoga, parties to the "Law Enforcement Contract" executed June 10, 1997, mutually agree to exercise the renewal provision of Section VI "Term of Agreement" of that contract. Therefore, the agreement will terminate June 30, 2005. The parties mutually waive the 180-day notice period set forth in Section VI. The parties further mutually agree that said contract is hereby amended to replace Section II.A (regarding Compensation for Law Enforcement Services Provided by Sheriff), paragraph I, in its entirety with the following: The City shall compensate the County utilizing the 1997-98 base rate established for general law enforcement and county communications (hereinafter "law enforcement"). The parties agree that annual increases to law enforcement service costs shall be limited to the base rate times the percentage increase in total compensation provided to all patrol deputies of the Sheriff's department as set forth in a calculation formula agreed and attached hereto as "Exhibit B" and incorporated herein by reference, or the February to February Consumer Price Index -Urban Wage Earners and Clerical Workers for San Francisco-Oakland-San Jose, CA (maintained by the Bureau of Labor Statistics) (hereinafter "CPI/W") plus 2%, whichever is less. These contractual costs may be adjusted only one (1) time per year to be effective at the start of each fiscal year on July 1. There are no other changes in the Agreement and all other contract provisions remain in full force and effect. COUNTY OF SANTA CLARA Date By Donald F. Gage, Chairperson Board of Supervisors ATTEST: Phyllis Perez, Clerk Board of Supervisors Page 1 of 2 APPROVED AS TO FORM AND LEGALITY Shivaun Nurre, Deputy County Counsel CITY OF SARATOGA Date APPROVED AS TO FORM AND LEGALITY Richard Taylor, City Attorney P:\S.ARATOGA\Con[ractstrs[011(Law Enforcement Contraa).doc ~_~ By City Manager Page 2 of 2 RENEWAL AND AMENDMENT OF LAW ENFORCEMENT CONTRACT BETWEEN THE COUNTY OF SANTA CLARA AND THE CITY OF SARATOGA The County of Sarita Clara and the City of Saratoga, parties to the "Law Enforcement Contract" executed June 10, 1997, mutually agree to exercise the renewal provision of Section VI "Term of Agreement" of that contract. Therefore, the agreement will terminate June 30, 2005. The parties mutually waive the 180-day notice period set forth in Section VI. The parties further mutually agree that said contract is hereby amended to replace Section II.A (regarding Compensation for Law Enforcement Services Provided by Sheriff), paragraph 1, in its entirety with the following: 1. The City shall compensate the County utilizing the 1997-98 base rate established for general law enforcement and county communications (hereinafter "law enforcement"). The parties agree that annual increases to law enforcement service costs shall be limited to the base rate times the percentage __ increase in total compensation provided to all patrol deputies of the Sheriffls department as set forth in a calculation formula agreed and attached hereto as "Exhibit B" and incorporated herein by reference, or the February to February Consumer Price Index -Urban Wage Earners and Clerical Workers for San Francisco-Oakland-San Jose, CA (maintained by the Bureau of Labor Statistics) (hereinafter "CPI/W") plus 2%, whichever is less. These contractual costs may be adjusted only one (1) time. per year to be effective at the start of each fiscal year on July 1. There are no other changes in the Agreement and all other contract provisions remain in full force and effect. COUNTY OF SANTA CLARA Date ATTEST: Phyllis Perez, Clerk Board of Supervisors By Donald F. Gage, Chairperson Board of Supervisors • Page 1 of 2 1 J APPROVED AS TO FORM AND LEGA~,ITY Shivaun Nurre, Deputy County Counsel CITY OF SARATOGA Date APPROVED AS TU FORM AND LEGALITY Richard Taylor, City Attorney P.1S.4R.4TOGAtContractsVStOI I(Law Enforcement ConaacQ.doc By City Manager Page 2 of 2 f SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. AGENDA TTEM MEETING DATE: May 1, 2002 _ CITY MANAGER: ~~li~-- ORIGINATING DEPT.: Recreation DEPT. HEAD: SUBJECT: Authorization to purchase portable skate pazk equipment RECOMMENDED MOTION(S): Move to authorize the purchase of portable skate pazk equipment from Ball Hitch Ramps in the amount of $20,685. REPORT SUMMARY: On Mazch 6, 2002, after a presentation by the Skate Park Task Force, the City Council directed staff to proceed with the purchase of portable skate park equipment. It was requested that the equipment be purchased and the program up and running by the time school is out in June. With the purchase of this equipment, the Skate Pazk will officially open on Monday, June 17, 2002. FISCAL IMPACTS: $20,685 from the City Council Contingency Fund ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. CONSEQUENCES OF NOT ACTING ON RECOMMENDED MOTION(S): The equipment would not be purchased, and the City would not have a portable skate park facility. FOLLOW UP ACTIONS: A Purchase Order in the amount of $20,685 will be issued to Ball Hitch Ramps. ;, ATTACHMENTS: 1. Bail Hitch Ramps Proposal 2. Resolution # -. _J RESOLUTION NO.02- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA AUTHORIZING A BUDGET AMENDMENT OF $20,685 TO PURCHASE PORTABLE SKATE PARK EQUIPMENT WHEREAS, the City Council at their meeting on Mazch 6, 2000 directed staff to purchase skate park equipment, WHEREAS, the City Council requested that the equipment be purchased before school is out for the summer, WHEREAS, the Skate Pazk will officially open on June 17, 2002, NOW, THERFORE, the City Council of the City of Saratoga hereby resolves as follows: To authorize the Recreation Department to purchase portable skate pazk equipment from Ball Hitch Ramps, .AND BE TT FURTHER RESOLVED, to adjust the City of Sazatoga's Fiscal Year 2001-02 budget will be made using the following entries: Expenditures Revenues (Debit) (Credit) 00]-1010-511-50-02 Council Contingency $20,685 001-000-330-10-00 FundBalance/GenFund $20,685 291-6010-564-60-04 Capital $20,685 291-000-330-]0-10 Fund Balance/Teens $20,685 The above and Foregoing resolution was passed and adopted at a regulaz meeting of the Saratoga City Council held on the i st day of May, 2002 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Nick Streit, Mayor ATTEST: Cathleen Boyer, City Clerk I I eeu'encrJaoArrs TO: City of Saratoga Parks and Recreation Department C/O Cathy Lowery Saratoga, CA 95070 FROM: Ball Hitch Ramps PO Box 2763 Saratoga, CA 95070 DATE: Feb 4, 2002 Dear City of Sazatoga, With regazd to our recent presentation and your interest in a mobile skate pazk for Sazatoga, I wanted to send you a proposal that will meet both the estimated cost of $20,000 and can be managed by one vehicle. This mobile skate park is designed to set up in 30 minutes or less with one adult as a minimum and is designed to pack up into a pazking stall when not used. The main ramp piece is a steel fun box that acts as a trailer and will store the rest of the skate pieces when packed up. The rest of the ramps aze to be made of composite providing maximum strength with mihimum weight. Each composite ramp weighs between 70- 90 Ibs and is modulazly designed to create any number of creative combinations. The composite makeup is a polyester resign that is UV resistant and has a Kevlaz core for added strength. Pictured below is what a heavy use and weather extremes (extreme heat or rain). of Sazatoga invests in our standard double rail fun box as shown s been used in many events with both beginners and pro's. center platform and stairs. Lastly, BHR suggests some accessories to round out the skate park. These consist of grind rails, grind boxes and Idcker ramps. Price break down is as follows: Description Unit Price Quantity Total l .Steel Fun Box Trailer $7,500 1 $7,500 2. Composite Center (20") $559. 4 $2,236 3. Composite Launch (20") $549 2 $1,098 4. Composite Wedge (20") $549 2 $1,098 5. Composite Center (30") $659 2 $1,318 6. Composite Launch (30") $649 2 $1,298 7. Composite Wedge (30") $649 5 $3,245 8. Grind Rails $149 3 $447 9. Composite Grind,Box $350 1 $350 10. Kicker Ramp $149 1 $149 subtotal $18,739 [ax 8.25% $1,546 Ship/hand $400 Total $20,685 Thank you for considering Ball Hitch Ramps. Sincerely, Ron Powers (408) 285-4541 fax (408) 285-2553 o v o < z p _ H N R A ~ ~ A SS •• M ~ n N o c n _ '. B : y i er E . - m o ~ o < 0 v a < z O ~ ! N ~I N BB~ A !~s W ~• x~ ~ r m n o e I n ^ m ~ m o ~ n ~ c v o < W W _ ~ `» m g P 3 ~ z<tn Z o U < ~ ~ Z _ 3 ~ ~ O li ~ O ry ¢ ¢ ~~ N O ~~~ J . . an WZ~ g m °» ~ c ,. ~ ~ < ~ A Q ~ m S R O •. ~[ m f ip N J x < ¢ ~ N mX O x~ a -- ~ a 7 ml~i YZ m ~p m ' ~ ~ x X m ~ ~ x ~p m ~ K N m x~ m ~ n n Q •_ C `r m o u o < ,~ w SARATOGA CITY COUNCIL MEETING DATE: May 1, 2002 AGENDA ITEM: ORIGINATING DEPT: City Manager's Office CITY MANAGER: ~~~'"- PREPARED BY: Lorie Tinfow DEPT HEAD: SUBJECT: Resolution Endorsing AB 954 Introduced by Assembly Member Kelley RECOMMENDED ACTION(S): Adopt the attached resolution urging support for Assembly Bill 954 which calls for a bond measure in November 2002 to fund the protection of underground water basins. REPORT SUMMARY: Existing underground water basins with unused capacity can be refilled and recent legislation has put in place funds for refilling the underground water storage. However, no funds have been allocated to protect these aquifers from pollution or contamination. AB 954 would put a bond measure for such protections before the voters in November 2002. FISCAL IMPACTS: None. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): Council would not voice support for AB 954. :~LTF.RNATI~'E ACTION(S): Choose not to support AB 954. FOLLO~~' UP ACTION(S): Staff will transmit the resolution to Assembly Member Kelley and other relevant members of the Legislature. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: Resolution endorsing AB 954. RESOLUTION NO. _ 1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA ENDORSING ASSEMBLY BILL 954 WHEREAS, surplus water storage in groundwater basins is essential to California's future water supply reliability planning efforts; and WHEREAS, no past efforts have been made to link pollution prevention with underground storage and AB 954 creates that link; and WHEREAS, AB 954 would provide matching funds for local projects which protect groundwater basins from degradation where such programs are implemented; and WHEREAS, AB 954 would insure that the investment of funds to create the programs don't go to waste because stored water is protected; and WHEREAS, AB 954 insures the long-term protection of existing groundwater and water stored in the future; acid WHEREAS, ample and safe groundwater is essential to the economic vitality and excellent quality of life in the San Francisco Bay Area and throughout the state of California; and WHEREAS, without AB 954 the State's stored groundwater supplies will remain vulnerable to degradation and clean up at a cost of 10 to 100 times that of pollution prevention. NOW, THEREFORE; BE IT RESOLVED that the City Council of the City of Saratoga hereby endorses Assembly Bill 954 and urges the legislature of the State of California to adopt the measure in order to place before voters the issue of protecting underground water supplies; and BE IT FURTHER RESOLVED that the City Council hereby directs the City Manager to cause a copy of this resolution to be provided to Assembly Member Kelley and such other members of the Legislature, as the City 1~9anager deems prudent to promote passage of the bill. P:1SSEll :11D ADOPTED by the Saratoga City Council, State of Califomia; this lst day of May, 2002, by the li>Ilo~cina vote: :~l'I:S: 10F.S: :1BSL1T: :1BS'1':Vti: Nick Streit, Mayor ATTEST: Cathleen Boyer, City Clerk Attachments Exhibit A: Assembly Bill 954 Resolution No.__ ~X 1-h fg tT fk AMENDED IN SENATE FEBRUARY 27, 2002 AMENDED IN ASSEMBLY JANUARY 30, 2002 AMENDED IN ASSEMBLY JANUARY 10, 2002 AMENDED IN ASSEMBLY JANUARY 7, 2002 CALIFORNIA LEGISLATURE-2001-02 REGULAR SESSION ASSEMBLY BILL No. 954 Introduced by Assembly Member Kelley February 23, 2001 An act to add Division 28 (commencing with Section 80400) to the `~- ^~''~ -~'~~~•• - ~-. Water Code, relating to financing a water b~ protection and storage program, by providing the fiends necessary therefor through the issttatice and sale of bonds of the State of California crncl (~, providingror the hnndlbtg and disposition of those funds. LEGISLATIVE COUNSEL'S DIGEST AB 9>4, as amended, Kelley. California Water Supply Reliability and Protection Bond Fated Act of 2002. Under existin« law, various bond acts have been approved by the corers to provide funds for water projects, facilities, and programs. This bill would estsk>{islr enact the California Water Supply Itrliability and Protection Bond Eaad Act of 2002, which, iradopted, ,rauld uurhoricc, fn' pwposes of financing a water protection and .ctura~~r prn~~runr. the issuance, pursuant to the State General Ohli¢uriun Korrr( Ltn+•, o~bonds in an unspecified amount. %hr bill ,ruulc( require the Secretary of State to submit the bond act n, thr voters ut cnr unspecified election. 9i __ ti' AB 954 -2- Vote: mftjerit~ 2/3. Appropriation: no. Fiscal committee: yes. State-mandated local program: no. The people of the State of California do enact as follows: 1 SECTION 1. Division 28 (commencing with Section 80400) 2 is added to'the Water Code, to read: 3 4 DIVISION 28. CALIFORNIA WATER SUPPLY 5 RELIABILITY ANA PROTECTION BOND ACT OF 2002 6 'I CHAPTER I. GENERAL PROVISIONS 8 9 Article 1. Short Title ]0 11 80400. This division shall be known and maybe cited as the 12 Kelley Act. 13 14 Article 2. Declarations and Findings IS 16 80402. The Legislature finds and declares all of the 17 following: 18 (a) Providing clean, reliable water to existing and future 19 residential areas is essential to the orderly development of the 20 state. 21 (b) The quality of groundwater supplies statewide has direct 23 impact on the state's overall water supply reliability and 23 manaeement efforts. 24 (c) Where groundwater resources are degraded or '> compromised, potential storage capacity for surplus water is 2(i depleted and dependence upon alternate water resources. ~ i including limited surface water resources, is increased. ''~ (d) Protecting groundwater basins from pollution whenever ?9 possible is a cost effective preference when compared to the ?O cleanup of groundwater basins. i l (e) It is in the state's interest to assist in protecting groundwater ±~ h:uins against potential degradation when those basins can be used „ tier ~~ rt-year water surplus storage. . ?4 t11 "the llepart[nent of Water Resources is in the process of ±~ idcntitving areas within the state where groundwater basins may 95 3 - AB 9S4 1 be utilized for conjunctive use projects to ensure local and regional 2 water supply reliability. 3 (g) Upon the identification of these areas, a memorandum of 4 understanding is developed with overlying water supply entities 5 and property owners with significant interest in the groundwater 6 supply. 7 (h) Feasibility studies are then conducted to determine the 8 viability of a groundwater basin for conjunctive use projects. If a 9 basin is determined to be suitable for these types of projects, state 10 funding may be available for prescribed purposes. 11 (i) No funding, however, has been made available for the 12 protection of these identified groundwater storage areas from 13 potential or identified pollution sources. 14 (j) The state has a significant interest in protecting its stored 15 water resources from potential quality degradation. 16 (k) Approximately 40 percent of drinking water consumed in 17 the state is derived from groundwater supplies. 18 (n It is essential for communities that are dependent on 19 groundwater to have access to an adequate supply of potable 20 groundwater. 21 (m) It is critical that sufficient, secure storage space be 22 available for wet-year surplus retention in order to supply water, 23 in a reliable manner, to all communities in the state. 24 (n) Secure storage for surplus water is a critical component of 25 a water supply reliability program. 26 (o) With adequate storage throughout the state, dry-year 27 demand on ecologically sensitive water resources can be 28 significantly reduced. 29 (p) Funds are required to pay for projects that protect existing 30 groundwater supplies and pro~~ide increased secure stora~~e .i 1 capacity in groundwater basins. 32 (q) The funding and implementation of these types of projects 3 ; afford numerous s'atewide benefits, including all of the followin;~: ,4 (1) Helping to address the ongoing contamination of potable 3~ groundwater supplies, thereby lessening anticipated future 36 demands on water resources, as well as the financial resources, of ;7 du state. ,S (2) Securing groundwater storage~capacity for the placement of 39 surplus water derived during wet years for use in dry years. 95 AB 954 1 2 3 4 5 6 7 s 9 10 I1 12 13 14 15 16 17 18 19 20 21 22 23 24 2S 2G 27 78 29 30 3I 32 .i i ,-1 i~ 36 i7 3S 39 d0 -4- (3) The replenishment of depleted basins to minimize land subsidence and related loss of storage capacity. (r) Where a local economy has been developed due to the unique quality of a specified groundwater resource, and where that groundwater is used for a purpose that depends on the quality of that water resource, and where the resource .is essential to the viability of that purpose and to sustaining the local economy, protective measures are necessary. Article 3. The California Water Supply Reliability and Protection Bond Fund 80404. The proceeds of bonds issued and sold pursuant to this division shall be deposited in the California Water Supply Reliability and Protection Bond Fund, which is hereby established irr the State Treasury. For purposes of this division `fund" means the fund established pursuant to this section. C/IAPTER 2. WATER SUPPLY RELIABILITY AND PROTECTION PROGRAM 80405. Unless the context otherwise requires, as used in this chapter, "account" means the California Water Supply Reliability crnrf Protection Account. 80406. The California Water Supply Reliability and Protection Acc•aunt is hereby established in the,fimd. The szmr of _ dollars (8 ) is hereby transferred from the fund to the GCC01alt. 80407. The money in the account, upon appropriation br tJre 1_egisluture m ~ may be expended for both of the following pmposcs: (a) To provide matching funds, in an amount not to exceed 60 perc•eru of the total project cost, to ,for constructiyn projects that will ahute identified pollution sources that have the poteraial ra negutirrh• impact a groundwater basin for which any of dre /i,/lun•brg apply: (!l :1 c•or junctive use water management plan is proposed to ac•hieve~ regional or statewide water supply reliabilih~ objectives. es - 5 - AB 954 1 (2) The abatement will be performed in conjzrnction with a plan 2 that will provide storage capacity to aid the state in achieving the 3 goals set forth in the Colorado River "4.4 Plan. " 4 (3) A groundwater protection project has been identified by a 5 California regional water quality control board as a priority 6 project of regional significance. 7 (b) To provide funds to a California regional water quality 8 control board for _studies to determine whether groundwater 9 protection projects that have not been identified by a regional 10 board as priority projects of regional signifcance should be so I 1 identified in the appropriate water quality control plan because of 12 a basin's potential for conjunctive use in a manner that meets the 13 requirements of paragraph (1) or (2) of subdivision (a). 14 80408. For the purposes of receiving funding pursuant to the 15 this chapter, all of the following requirements shall be met: ! 6 (a) The development of a plan for the grozndwater basin that 17 trtili~es applicable best management practices for water ] 8 conservation described in the memorandum prepared by the 19 California Urban Water Conservation CounciF amended March 20 l4, 2001. 21 (b) The applicant has signed the "Memorandum of 22 Understanding Regarding Urban Water Conservation in 23 Califontia," prepared by the California Urban Water 24 Conservation Council dated September 1991. 25 (c) The adoption of rules that require new developments to 2G connec•t to a public se,verage system if more than one equivalent 37 cRrelling unit per one-half acre is planned overlying basins 28 nu`~~erecl /br capital project funding. 39 /d) ,4n evaluation has been conducted to determine whether 30 rec•lainrcd u•uter Horn be used in public green areas, landscaped I nu•diun.r. cuul.cimilar public access areas of the development, x~hen 3' that unrc~r ccm he made available for that pzzrpose. tc•1 The grrnuul++•uter protection project has been identified as +-) a priuritr ptvjec•t wirhregional significance by the appropriate ?> ('aliJrirtricr regional water quality control board. ?b !li Liuirie..' with jurisdiction over the groundwater basin have ~' rah rrrl into a nrentornndunt of understanding in accorctmtce with 3S rhr Aurgruted Storage /nvestigatiozt Conjunctive Witter +1 .1lunagcnrrrit I'rogrcun administered by the Department of Water 40 Rccuurre.e to evaluate the potential for conjunctive use projects or 95 .~ AB 954 - 6 - 1 into a similar agreement with one or more other entities with 2 jurisdiction over the State Water Project, the Central Palley 3 Project, or Colorado River water. 4 (g) Appropriate conveyance and recharge facilities exist for the 5 placement of water into the groundwater basin. 6 (h) A basin management plan has been adopted or is being 7 prepared with an identifted completion date of not more than one 8 year front the date on which the project is approved for funding. 9 (i) The agency receiving funding has complied with Part 2.6 10 (eomntencing with Section 10610) of Division 6, if applicable. 11 80409. For the purposes of providing funds under this 12 chapter, first priority shall be given to a project that meets both of 13 the following requirements: 14 (a) The project benefzts a groundwater basin for which there is 15 art existing or proposed conjunctive use or water storage program. 16 (b) The project contributes to an action recommended by the 17 CALFED Bay-Delta Program or facilitates compliance by the 18 state with the Colorado River "4.4 Plan." 19 2O CNAPIBR 3. COMMUNITY GROUNDWATER PROGRAM 71 22 <40.500. Unless the context otherwise requires, as used in this 23 chapter; "accozrnt"means the Community GroundwaterAccount. 24 5'0501. The Community Groundwater Account is hereby ?~ established in the fiord. The sum of_ dollars (.~~ is hereby 26 nzmsferrecf Jrom the ford to the account. 37 b'OS03. The purpose of the Community Groundwater Program 28 is ro provide n:crtc/ring funds in an amount not to exceed 60 percent 29 ul rotcrl project costs_for projects that will ensure that a community 30 that depends on commercial uses of a specific groundwater I rr.enurc•e, the degradation of which could significantly impede w• 32 prrnunumtly harm activities that contribzrte to the local economy, hu.c udequnre• protection of that groundwater resource. 34 .SOS(13. The rnnney_in the account, upon appropriation by the ±~ Lr~islunur to ~ rngy be expended to provide matching fwulr ±6 «, _ %or inJi-usn-ucnu•e projects that protect groundwater that ~' i. rr.~e•d %rn- one or more commercial purposes that significantly ±S cunu-ihure to a loc•ul econonrv_ in communities in which the ?~) degrudutiori q~ the yualiry of that groundwater would greatly 95 7 - A$ 954 • 1 impede the ability of that commercial activity to function, as 2 determined by the significant Zoss of revenue to a city or county. 3 80504. Only groundwater protection projects that are 4 identified as priority projects with regional signiftcance by the 5 appropriate California regional water qualify control board are 6 eligible for funding pursuant to this chapter. C!-lAPTER 4. WATER DISTRIBUTION SYSTEM PROTECTION PROGRAM 10 80550. Unless the context otherwise requires, as used in this 11 chapter, "account" means the Water Distribution System 12 Protection Account. 13 80551. The Water Distribution System Protection Account is 14 hereby established in the fund. 7?ze sum of -dollars (8~ 15 fs hereby transferred from the fund to the account. 16 80.i.i2. Entities with jurisdiction over public wafer systems 17 have limited resources to protect those water systems. However, the 18 costs associated with protecting public water systems can be 19 significant. It is critical to public safety that vulnerable water 20 systems are identified and preventative measures implemented to 21 avert tampering with potable water supplies. It is well known that 22 snml! and medium sized water agencies do not have the ability to 23 readily absorb costs for• the types ofprograms that tray be deemed 24 necessary to protect their water systems. 25 805.13. The money in :he account, upon appropriation by the 26 Legislature to ~ may be expended to provide grants to _ for 27 the consn-uctiar qj improvements and for the pzrrchase and 28 installation of ectuipnzent that will assist in the protection of water 39 sasvem facilities used to produce, store, and distribute potable 30 wzuer to the public. For the purposes of receiving funding zzruter 31 dris chapter: eligible projects include, but are not limited to, the ~_' pruc•urenrent or construction of security fencing, alarm systems. 3 rlecnzrnic surveillance equipment or similar equipment to secure ;4 nrlls, sruface or tank reservoir sites, ~r related facilities, and the ±~ prurure•menrojnrohilesecw•ityservices. 36 ROii4. Grunts shall be made available pursuant to this ?7 <hupter orr a matching basis, according to the size qj the ti pr,lndatiun scr~ ed by the entitu as follows: ;y 95 AB 954 - 8 1 Population Served Match Required by 2 Recipient ojFunds 3 - 4 Not more than 10,000 persons ........... 40% 5 Less than 25,000persons, butmore than 6 10.000 persons ........................ 60% 7 At least 25,000 persons ................ 80% 9 CHAPTER S. FISCAL PROVISIONS 10 11 80700. Bonds in the total amount of~ dollars ($_~ not 12 inclztding the amount of any refunding bonds issued in accordance 13 with Section 80710, or so much thereof as is necessary, may be 14 issued and sold to provide a fund to be used for carzying out the 15 pztr poses expressed in this division and to be used to reimburse the 16 General Obligation Bond Expense Revolving Fund pursuant to 17 Section 16724.5 of the Government Code. The bonds, when sold, 18 .shall be and constinzte a valid and binding obligation of the State 19 of California, and the full faith and credit of the State of California 20 is Hereby pledged for the punctual payment of the principal of, and 21 interest on, the bonds as the principal and interest become due and 22 payable. 23 80702. (a) The bonds authorized by this division shall be 24 prepared, execzzted, issued, sold, paid, and redeemed as provided 25 in the State General Obligation Bond Law (Chapter 4 26 (c•omnrencing with Section 16720) of Part 3 ofDivision 4 ofTitle 27 2 vl the Government Code), except Section 16727, and all of the 28 prorisiorzr of that law apply to the bonds and to this division anal 29 rn~e herehv ir:corporated in this division as though set forth in fill 30 in dris division. I (h) For purposes ql the State General Obligation Bond Lan; ;~ e-uch stale crgencr that administers an appropriation of tl:e 33 Crrlilornin Wcnc r• Supply Reliability and Protection Bond Fund is 3-t de.~i,vunedthe "board. '• 3i A'0703. Solely for the purpose ofauthorizing the issuance and 36 .eulc~, pm-suant to the State General Obligation Bond Law, of the ,',7 hnndr uuthuri_ed hr this division, the California Water Supply ,S Xrliulvlin and Protection Finance Canmittee is hereby ;~) e.atahli.clu~d. For pwposes of this division, the California Water .}p S•upplr Reliability mzd Protection Finance Committee is the 95 i u 9 - AB 954 1 "committee " as that term is used in the State General Obligation 2 Bond Law The committee consists of the Treasurer, the Controller, 3 and the Director of Finance, or their designated representatives. 4 A majority of the committee may act for the committee. 5 80704. The committee shall determine whether or not it is 6 necessary or desirable to issue bonds authorized pursuant to this 7 division in order to tarty out the actions specified in this division 8 and, if'so, the amount of bonds to be issued and sold. Successive 9 issues of bonds may be authorized and sold to carry out those 10 actions progressively, and it is not necessary that all of the bonds 11 azthorized to be issued be sold at any one time. 12 80705. There shall be collected each year and in the same 13 manner and at the same time as other state revenue is collected, in 14 addition to the ordinary revenues of the state, a sum in an amount 15 required to pay the principal of, and interest on, the bonds each 16 year. It is the duty of all officers charged by law with any duty in 17 regard Zo the collection ofthe.revemse to do and perform each and 18 every act that is necessary to collect that additional sum. 19 80706. Notwithstanding Section 13340 of the Government 20 Code, there is hereby appropriated from the General Fund in the 21 State Treasury for the purposes of this division, an amount that 22 will equal the total of the following: 23 (a) The sum annually necessary to pay the principal of, and 24 interest on, bonds issued and sold pursuant to this division, as t{te 25 principa(and interest become due and payable. 26 (b) The sum necessary to tarty out Section 80707, 27 appropriated without regard to fiscal years. 28 b'0707. For the purposes of carrying out this division, the 29 Director of Finance may authorize the withdrawal from the 30 General Fend oJ'an amount not to exceed the amount of the unsold 31 hondc that have been authorized by the committee to be sold for the 3Z pwpose rJ carrying out this division. Any amount withdrawn .Thal( 33 be c(epo.rited in the fired. Any money made available under this 34 section shall be returned to the General Fund, plus an amount 3~ ~~yual to the interest that the money would hove earned in the 36 Poulerl Monet /nvesnnent Account, irons proceeds receivedfrart 3 7 the eule of hondr fa• the pzrrpose of carrying out this division. 38 ,1'11708. All morrer• deposited in the fund thcu is derived from 39 premium and accrued interest on bonds sold shall be reserved in 95 AB 954 2 3 4 5 6 7 8 9 10 11 12 13 14 IS 16 17 18 19 20 21 22 23 24 25 26 27 78 29 30 31 32 33 34 3~ 36 37 38 39 40 -10- the fund and shall be available for transfer to the General Fund as a credit to expenditures for bond interest. 80709. The agency that administers an appropriation of the California Water Supply Reliability and Protection Bond Fund Wray request the Pooled Money Investment Board to make a Zoan from the Pooled Money Investment Account, in.accordance with Section 16312 of the Government Code, for the purpose of carrying out this division. The amount of the request shall not exceed the amount of the unsold bonds that the committee, by resolution, has authorized to be sold for the purpose of carrying out this division. The requesting agency shall execute any doct/ments required by the Pooled Money Investment Board to obtain and repay the loan. Any amounts loaned shall be deposited itr the fund to be allocated by the requesting agency in accordance with this division. 80710. The bonds may be refunded in accordance with Article 6 (commencing with Section 16780) of Chapter 4 of Part 3 of Division 4 of Title 2 of the Government Code, which is a part of the State General Obligation Bond Law Approval by the voters of the state for the issuance of the bonds described in this division includes the approval of the issuance of any other bonds issued to re/und any bonds originally issued under this division or any previously issued refunding bonds. 80711. Notwithstanding any provision of this division or the State General Obligation Bond Law, if the Treasurer sells bonds pursuant to this division that include a bond counsel opinion to the effect that the interest on the bonds is excluded from gross income for federal tux proposes, subject to designated conditions, the Ti-ea.rurer ma}~ n:air:dain separate accounts for the investment of bond proceeds and for the investment earnings on those proceeds. The Treasurer may use or direct the use of those proceeds or earnings to pay arty rebate, penalty, or other payment required lardC'r _/edC'YCd ILlit' or to take any other action with respect to the invernnent and use of those bond proceeds required or desirable cinder :Jderal law to maintain the tax-exempt status of those bonds card to obmin any other advantage underfederal law on behalrof the /fmcLs o(thcrt state. 80713. The Legislaurre hereby finds and declares that, irursnnrch as the proceeds from the sale of bonds authorized by this rlivi.rion are not "proceeds of taxes"as that term is used in Article 95 I lJ 11- AB 954 1 XIII B of the California Constitution, the disbursement of these 2 proceeds is not subject to the limitations imposed by that article. 3 SEC. 2. This act shall become effective upon the approval by 4 the voters of the California Water Supply Reliability and 5 Protection Bond Act of 2002, as set forth in Section 1 of the act 6 adding this section. 7 SEC. 3. Section 1 of this act shall be submitted to the voters 8 at fhe election in accordance with provisions of the 9 Government Code and the Elections Code governing the 10 submission of statewide measures to the voters. 11 SEC. 4. (a) Notwithstanding any other provision of law, all 12 ballots at the election shall have printed thereon and in a square 13 thereof, the words: "California Water Supply Reliability and 14 Protection Bond Act of 2002 "and in the same square under those 15 words, the following in 8 point type: "This act provides for a bond 16 issue of _ dollars ($ ) to provide funds for a water 17 protection and storage program. "Opposite the square, there shall 18 be left spaces in which the voters_may place a cross in the manner 19 required by law to indicate whether they vote for or against the act. 20 (b) Notwithstanding Sections 13247 and 13281 of the Elections 21 Code, the language in subdivision (a) shall be the only language 22 included in the ballot label for' the condensed statement of the 23 ballot title, and the Attorney General shall not supplement, 24 subtract from, or revise that language, except that the Attorney 2~ General may include the financial impact summary prepared 26 proszrant to Section 9087 of the Elections Code and Section 88003 27 of the Government Code. The ballot label is the condensed 28 stcuement of the ballot title and the financial impact summary. 29 (c) Where voting in the election is done by means of voting 30 nuudrines used ptnsuant to law in a manner that carries out the 31 intent of this section, the use of the voting machines and the 32 expression of 717e voters' choice by means thereof are in 33 compliance with this section. O 95 SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. AGENDA ITEM ~~ MEETING DATE: May 1, 2002 CITY MANAGER:. (~~L~ ORIGINATING DEPT: City Attorney PREPARED BY: Richard Taylor SUBJECT: Consider Request to Join Friend of the Court Brief in Gardner v. County of Sonoma RECOMMENDED ACTION: Authorize the City of Saratoga to join the friend of the court brief being prepared in Gardner v. County of Sonoma. REPORT SUMMARY: The courts authorize amicus ("friend of the court") briefs in cases where the amici have an interest in the case and would provide an additional perspective to that being provided by the parties to the case. The City's support is currently being sought in Gardner v. County of Sonoma, a case of possible concern to the City. The case concerns the creation of legal development parcels prior to the adoption of the Subdivision Map Act in 1893. Landowners sought 12 certificates of compliance from the County of Sonoma, taking the position that the parcels were legal prior to the Map Act's passage in 1893. On this basis the landowners argued that the parcels are exempt from local subdivision regulation. The appellate court held that the mere representation on a pre-1893 map was not enough to establish a legal parcel. The court said that some other act -such as an actual sale or grant of a federal patent - is necessary to "create" a legal parcel. This decision clarifies how local agencies may address compliance applications for pre-1893 parcels. The case provides additional authority for local agencies presented with certificate of compliance applications for parcels purportedly created before the year 1893. The League of Cities Legal Advocacy Committee has recommended that cities join the amicus brief which is being prepared without charge to participating cities. The deadline to join the brief is May 2, 2002. FISCAL IMPACTS: None. There is no_cost to join the brief. ADVERTISING, NOTICING AND PUBLIC CONTACT: Notice for this meeting. CONSEQUENCES OF NOT ACTING ON RECOMMENDED MOTION: The City would not join the amicus brief. FOLLOW UP ACTIONS: City Attorney will report on the decision of the court when issued. 2 • SARATOGA CITY COUNCIL AGENDA ITEM: 3 ORIGINATING DEPT: Community Development CITY MANAGER: ~~ PREPARED BY: Thomas Sullivan, AICP DEPT HEAD:- ~/ SUBJECT: Zoning Ordinance Amendment -Rear Yard Setbacks MEETING DATE: May 1, 2002 RECOMMENDED ACTION(S) Staff recommends the City Council conduct the Public Hearing, introduce the Ordinance Amendment, give the Ordinance First Reading and direct Staff to place the matter on the Consent Calendar for the next Ciry Council Agenda for Second Reading and Adoption REPORT SUMMARY: Commissioner Roupe brought this item forward as a discussion item when he realized that current Planning Staff was addressing rear yard setbacks in the same fashion as previous staff. The Commission discussed the language of the Ordinance and the praciice and directed Staff to advertise a Public Hearing to consider amending the Zoning Ordinance to reflect the long held method of determining required rear yard setbacks for multi-story dwellings. Both Warren Heid and Martin Oakley participated in the Public Hearing process with differing recommendations to the Commission. No other public testimony was received. The Planning Commission adopted a Resolution recommending the City Council amend the Zoning Ordinance sections that regulate rear yard setbacks for two story dwellings. As the Council can sec from the vote, the Planning Commission was split 4-3 on this issue. Currently the minimum yard requirements differ for lots that have been developed prior to May 15, 1992 vs. ~:uant lots and lots created after Ma}' 15,1992. The ordinance also has different setbacks for singly story and multi-story dwellings. Staff has been told that in the past, the setback requirements and the design guidelines used to reduce or minimize the perception of bulk found in the Residential Design Handbook have been melded into a requirement that the second story to be at the Multi-Story setback while allowing the first Iloor to be at the Single-Story setback. The language of the Zoning Ordinance does not support such an interpretation. The Zoning Ordinance offers the following definition in Section 1S-06.655, "Story; Multi-Story". "Story" means that portion of a building included between the surface of any Iloor and the surface of the floor next above, or if there is no floor above, then the space between the floor and the ceiling or roof next above. Basements are excluded from being considered a story:' This is an example of the `practice" of the Department not matching the provisions of the Zoning Ordinance. This is also an example of "Handouts" being prepared and distributed that are based on `practice" rather than the Zoxung Ordinance language. The purpose of considering the adoption of an amendment to the Zoning regulations is to ensure that the practice and the language of the Zoning Ordinance are one in the same. The Planning Comtission conducted two Public Hearings on the matter. Staff has attached sketches that represent both the current ordinance requirements and the old handout that represented the practice. This handout has been removed from circulation until the issue is resolved. Some of the Commission preferred that the Ordinance be left alone and the practice and handout be altered to reflect the Ordinance. Some of the Commissioners raised the argument that such an amendment implements or creates a `one size fits all" design review process. An amendment to the Zoning Ordinance is considered a `project" under the California Environmental Quality Act (CEQA). The Planning Commission has granted a Negative Declaration of Environmental Impact for this amendment. Following the City Council's final action, this determination will be filed with Santa Clara County. FISCAL IMPACTS: \onc CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): The Zonin; Ordinance and Handouts will continue to be incongruent. ALTERNATIVE ACTION(S): L Leave the Zoning Ordinance as it is currently written and direct Staff to prepare a revised handout that reflects the language of the Zoning Ordinance. ~. Increase or decrease the required rear yard setback requirements. FOLLOW UP ACTION(S): f'lacc the .-lmcndment on the Consent Calendar for second reading and adoption on the next Cite Council meeting ADVERTISING, NOTICING AND PUBLIC CONTACT: The Public Hearing for this item was noticed in the Saratoga News and was posted on the Kiosk in the courtyard. As it is an amendment that has citywide implications, individual property owner notices were not maffed. 2of3 } ATTACHMENTS: 1. A Draft copy of an Ordinance amending Section 15-12.090 of the Saratoga Municipal Code. 2. Planning Commission Resolution recommending the City Council amend sections of the Zoning Ordinance 3. Copies of the Planning Commission minutes related to this item 4. Sketches depicting current Ordinance requirements and sketches representing what the Planning Commission is recommending. 5. Section 15-12-090 of the Zoning Ordinance. 6. A copy of the "handout" that had been used for several years. 3of3 • ATTACHMENT 1 ORDINANCE AN ORDINANCE AMENDING THE ZONING CODE OF THE CITY OF SARATOGA CONCERNING REAR YARD SETBACKS IN THE RESIDENTIAL ZONED DISTRICTS THE CITY COUNCIL OF THE CITY OF SARATOGA DOES ORDAIN AS FOLLOWS: Section 1. Findings. The City Council finds and declzres as following: A. The Saratoga City Code establishes setbacks for residential structures in the R-1-10,000, R-1-12,500, R-1-15,000, R-1-20,000 and R-1-40,000 Zoned Districts which are intended to protect the health, safety and welfare of the community. The Ciry Code currently requires a differential rear yard setback for single story and multi story structures. B. The Planning Commission has conducted a public hearing to consider amendments to the zoning code with respect to rear yard setbacks in the R-1 Zoned Districts to clarify the differences between single-story and multi-story dwelling setback requirements and has adopted a Resolution recommending the Ciry Council amend the Ciry Code. C. This ordinance amends the City Code to provide that there will be a differentiation between the first floor and second floor of a residential structure. Section 2. Adoption. - • Section 15-12.090 of the Saratoga City Code is hereby amended as set forth below. The replacement text is indicated in bold italic font (e.g., bold italic) and text deleted is indicated in strikeout font (e.g., spa-1EeeuE) Text and standard font remains unchanged by this ordinance. The amendment to section 15-12.090 is as follows: 15-12.090 Front yard, side yards and rear yards. (a) The minimum yard requirements for all lots in the R-1 district, with the exception of vacant lots and lots created after May 15,1992, are as follows: (1) Front yard. The minimum front yard of any lot in each R-1 district shall be the distance indicated in the following table: District Front Yard ~R-1.10,000 25 ft. .R-1-12,500 25 ft. R-1-15,000 25 ft. iR-1-20,000 30 ft. jR-1-40,000 30 ft. (2) Side yards of interior lots. The m;n;mum side yard of any interior lot in each R-1 district shall be the distance indicated in the following table for each side yard: District ISideYazds J 3 R-1-10,000 ! l0 ft. R-1-12,500 I l0 ft. j R-1-15 000 12 ft. R-1-20,000 __ 15 ft. R-1-40,000 ; 20 ft. (3) Side yards of corner lots. The minimum side yard of any corner lot in each R-1 district shall be the distan ce indicated in the following table: ---- - j ~ terior .Exterior -- ,District Side Yard Side Yard ----- R-1-10,000 l0 ft. ~ 25 ft. ^i !R-1-12,500 10 ft. (25 ft. ', R-1-15,000 12 ft. 25 ft. I 'R-1-7.0 (100 1515 f~_--r. 175 fr 'R-1-40,000 20 ft. I25 ft. (4) Rear yards of corner lots. The minimum rear yard of an}~ corner lot in each R-1 district shall be the distance indicated in the following table: Firstfloor~~~'~~~~-may Secondf7oor*~~~~~ory District Reaz Yard ~Reaz Yard .R-1-10,000 10 ft. 10 ft. R-1-12,500 10 ft. 10 ft. -- R-1-15,000 12 ft. 12 ft. iR-1-20,000 I15 ft. I15 ft. ~ 'R-1-40,000 20 ft. 20 ft. - i (b) The minimum yard requirements for structures and additions thereto on vacant lots and other lots created after May 15,1992, are as follows: (1) Front yard. The minimum front yard of any lot in each R-1 district shall be twenty percent of the lot depth, or the distance indicated in the following table, whichever is greater: !,District Front Yazd - -- !,R-1-10,000 25 ft. ,R-1-12,500 25 ft. ---- 'R-1-15,000 25 ft R-1-20,000 30 ft. 'R-1-40,000 ----- 30 ft. (2) Side yards of interior lots. The minimum side yard of any interior lot in each R-1 district shall be ten percent of the lot width, or the distance indicated in the following table for each side yard, whichever is greater: Individual !District Side Yards ---- IR-1-10,000 l0 ft. R-1-12,500 10 ft. jR-1-15,000 12 ft. ~R-1-20,000 15 ft. R-1-40,000 __ 20 ft. (5) Reaz yards of interior lots. The minimum rear yard of any interior lot in each R-1 district shall be the distance indicated in the following table: (3) Side yards of corner lots. The minimum side yard of any corner lot in each R-1 district shall be ten percent of the lot width, or the distance indicated in the following table: District Side Yard Side Yard I IR-1-10,000 l0 ft. ! 15 ft. jR 1-12,500 10 ft. ~ 15 ft (R-1-15,000 12 ft. i 15 ft. ', jR-1-20,000 15 ft. ; 20 ft. R-1-40,000 20 ft. ~ 25 ft. (4) Rear yards of corner lots. The minitnum rear yard of any corner lot in each R-1 district shall betwenty-five percent of the lot depth, or the distance indicated in the following table: _ _ _...._ I First floor°ho'~~..-._=,- Secondfloori-Ste~~ ~ ''.,District Rear Yard Rear Yard R-1-10,000 25 ft. 25 ft. ~ R-1-12,500 ~ (25 ft. ~ ft. ij R-I-li,000 30 ft. 30 ft. j _ -- R-1 20,000 35 ft. 35 ft. I R 1.40,000 ~ -- j50 ft ~60 ft. -^ (5) Rear yards of interior lots. The minimum rear yard of any interior lot in each R-1 district shall be tv,~enry-five percent of the lot depth, or the distance indicated in the following table, ~~~hichever is greater: jFirstfloorc~~~lc-teary Secondfloorli-Ster~+ District Rear Yard Rear Yard R-1-10,000 25 ft. 35 ft. ~ '~ R-1-12,500 25 ft. 35 ft. I - IR-1-li,000 30 ft. - 40 ft. , R-1-20,000 35 ft. 45 ft. fR-1-40,000 50 ft. 60 ft. r~ f`J Section 3. Severance Clause. The City Council declares that each section, sub-section, paragraph, sub-paragraph, sentence, clause and phrase of this ordinance is severable and independent of every other section, sub-section, sentence, clause and phrase of this ordinance. If any section, sub- section,paragraph, sub-paragraph, sentence, clause and phrase is held invalid, the City Council declares that it would have adopted the remaining provisions of this ordinance irrespective of the portion held invalid, and further declares its express intent that the remaining portions of this ordinance should remain in effect after the invalid portion has been eliminated. Section 4. Publication. This ordinance or a comprehensive summary thereof shall be published in a newspaper of general circulation of the Ciry of Saratoga within fifteen days after its adoption. The foregoing ordinance was introduced and read at the regular meeting of the City Council of the City of Saratoga held on the day of , 2002, and was adopted by the following vote following a second reading on the _ day of _, 2002: AYES: NOES: ABSENT: ABSTAIN: NICK STREIT. MAYOR ATTEST: CATHLEEN BOYER, CITY CLERK APPROVED AS TO FORM: RICHARD TAYLOR, CITY ATTORNEY ATTACHMENT 2 RESOLUTION N0.02-015 Application #02-007 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SARATOGA RECOMMENDING THAT THE CITY COUNCIL AMEND THE ZONING CODE OF THE CITY OF SARATOGA REGARDING REAR YARD SET BACK REQUIREMENTS IN RESIDENTIAL ZONED DISTRICTS WHERE AS, the Planning Commission of the City of Saratoga is responsible for making recommendations to the Ciry Council of the Ciry of Saratoga with respect to proposed amendments to the zoning code of the Ciry of Saratoga; and WHERE AS, .the Planning Commission has conducted a public hearing to consider amendments to the zoning code with respect to rear yard setbacks in the R-1 Zoned Districts to clarify the differences between single-story and multi-story dwelling setback requirements; WHERE AS, this matter was considered at a duly noticed public hearing on February 13, 2002, at which time all members of the public were afforded an opportunity to comment on the proposed changes. THEREFORE, BE IT RESOLVED that the Planning Commission hereby-recommends the zoning code for the City of Saratoga be amended to read: °Section li-12.090 (a)(4) Rear Yards of Corner lots. The minimum rear yard of any corner lot in each R-1 district shall be the distance indicated in the following table: District First floor Second floor Rear Yard Rear Yard R-1-1Q,000 10 feet 10 feet R-1-12,500 10 feet 10 feet R-1-15,000 12 feet 12 feet R-1.20,000 15 feet 15 feet R-1.40,000 20 feet 20 feet (a)(5) Rear yards of interior lots. The minimum rears yard of any-interior lot in each R-1 district shall be the distance indicated in the following table: District First floor Second floor Rear Yard Rear Yard R-1-10,000 25 feet 35 feet R-1-12,500 25 feet 35 feet R-1-15,000 30 feet 40 feet R-1-20,000 35 feet 45 feet R-1-40,000 50 feet 60 feet (b)(4) Rear yards of corner lots. The minimum rear yard of any corner lot in each R-1 district shall be twenty-five percent of the lot depth, or the distance indicated in the following table, whichever is greater: District First floor Second floor Rear Yard Rear Yard R-1-10,000 25 feet 25 feet R-1-12,500 25 feet 25 feet R-1-15,000 30 feet 30 feet R-1-20,000 35 feet 35 feet R-1-40,000 50 feet 60 feet (b)(5) Reaz yards of interior lots. The minimum rear yard of any interior lot in each R-1 district shall be twenty-five percent of the lot depth, or the distance indicated in the following table, whichever is greater: District First floor .Second floor Rear Yazd Rear Yard R-1-10,000 25 feet 35 feet R-1-12,500 25 feet 35 feet R-1-15,000 30 feet 40 feet R-1-20,000 35 feet 45 feet R-1-40,000 SO feet 60 feet PASSED AND ADOPTED by the Planning Commission of the City of Saratoga, State of California, this 13 day of February 2002, by the following vote: AYES: Roupe, Garakani, Jackman, and Zutshi V OES: Hunter, Kurasch and Chair Barry ABSENT: None ABSTAIN: None Chair, Planning Commission ATTEST: Secretary to the Planning Commission 1 ATTACHIvIENT 3 Saratoga Planning Commission Minutes of February 13, 2002 Page 9 Commissioner Kurasch suggested that page 1 12 be included in the Conditions. Chair Barry thanked staff for taking to this house. / to offer the 15 foot height in orderSo-match the garage Motion: Upon on of Commissioner Jackman, seconded Commissioner Garakani, the Pla -ng Commission approved a Design R' ew and Conditional Use Permit pplication #02-003) to allow the addi ' n of 683 square feet to an existing detached two-car garage on property 1 ted at 15081 Pepper Lane as proposed. AYES:Barry, Garakani, Hunter, J man and Kurasch NOES: None ABSENT: Zutshi ABSTAIN: .Roupe Commissioner Roupe returned t e dais at 8:08 p.m. ~++ PUBLIC HEARING - ITEM N0.4 Aaolication #02-007 (Citvwidel -Resolution Amendine the Zonine Requirements related to Rear Yard Setbacks for Two Story Dwellinl;s: The Planning Commission has requested that it consider amending the language of the Zoning Ordinance that regulates rear yard setbacks for two story dwellings. Currently the minimum yard requirements differ for lots that have been developed prior to May 1>, 1992 vs. vacant lot and lots created after May 15, 1992. The Ordinance also has different setbacks for single-story and multi-story dwellings. (SULLIVAN) Director Tom Sullivan presented the staff report as follows: • Keminded. the Commission that it had adopted a Resolution of_Intent to Amend the Zoning Ordinance regarding rear yard setbacks for two-story dwellings. • Stated that currently there is a difference in minimum yard setbacks if a parcel was created before 1992 and after 1992. • Pointed out that staff has prepared drawings showing existing setbacks and mandatory staggered setbacks. • Sari that it is unclear whether Section 15.45.040 requires an addition [o the setback standards for two-story structures. There is conflict within two sections of Code. Commissioner Roupe asked if what is being proposed this evening will address the problems and make them go away or is there still some ambiguity to address. Director Tom Sullivan said that he credits Staff Planner Ann Welsh for discovering ambiguity between two sections and that staff needs an interpretation from the Commission. With that interpretation, staff will come back with Ordinance clarifications. Commissioner Kurasch pointed out the fact that the language seems to talk about the whole structure and notjust the second story element. Saratoga Planning Commission Minutes of February 13, 2002 Page 10 Director Tom Sullivan said that the Design section requires that the second story setback move one foot for every foot above 18 feet in height. Commissioner Roupe clarified that this evening's focus is on rear yard setback. Director Tom Sullivan said that this is correct. He added that the Design Review Ordinance makes no distinction between pre and post 1992. He said that there are two sides to the argument including implementing the Design Guidelines or having a one size fits all standard. Commissioner Roupe asked what the historic interpretation was and whether staff had looked into that subject. Director Tom Sullivan replied no. He stated that the letter of the law must be changed so that it is the same as the interpretation. Chair Barry asked if there is a difference in setback for a one story versus cone-story that is higher than 18 feet. Director Tom Sullivan replied yes. Chair Barry asked if this still applies if the house is moved forward on the site. Director Tom Sullivan replied that there are different rear yard setbacks. Commissioner Jackman asked if it matters whether there are one or two-stories or simply the overall height. Director Tom Sullivan replied that it does matter as there are different setbacks within the Zoning Ordinance. At the present time, with atwo-story structure, the entire structure moves back. What is proposed is that just the second story element is moved back and not the first story. Commissioner Kurasch said it appears that the existing Design Review standard and proposed interpretations are the same. Director Tom Sullivan said that per the existing Code as written the entire structure of a two-story must be moved back from the rear property line. Commissioner Roupe suggested not imposing that requirement on smaller lots but to do so for larger parcels. Director Tom Sullivan pointed out that design standard requirements are sometimes more important on smaller lots than on larger lots. Commissioner Kurasch asked why the rear yard setback (25 feet for asingle-story, and 35 feet for a two story) is the only one that varies while the front setback for a two story does not. Director Tom Sullivan replied that the only differentiation is for the rear yard setback for atwo-story. Saratoga Planning Commission Minutes of February 13, 2002 Page 11 Commissioner Kurasch asked if is possible to apply this requirement to the front rather than rear setback since at most hearings the impact of the front is of more concern. Director Tom Sullivan pointed out that multi-story concerns are generally privacy impact issues. There is typically a standard front setback for structures. The penalty for taller structures is an increased setback requirement. Reminded that the Residential Design Guidelines provide the direction for staff. The Commission can decide to abide by them or tweak the Zoning Ordinance. Commissioner Garakani suggested using the same idea for sideyard setbacks. Director Tom Sullivan said that this is possible if the standard is changed. Commissioner Roupe pointed out that the Commission did not give staff instruction to change sideyard setback standards but it is not a bad idea. Commissioner Kurasch said that the way the Ordinance is interpreted now is simple and consistent with clear recommendations that can be interpreted. Commissioner Roupe stated that nothing stops a flush two-story house as long as the whole structure is brought forward to meet the minimum setback requirements. Chair Barry opened the Public hearing for Agenda Item No. 4 at 8:40 p.m. Mr. Warren B. Heid, Architect, 14630 Big Basin Way, Saratoga: • Said that he appreciates what Director Sullivan is doing here. • Agreed that privacy and bulk have been problems faced by Planning Directors, Architects and others over the years. Said that the standard has been 25-foot rearyard setbacks for single-story structures and 35-foot rearyard setbacks fortwo-story structures to get rid of bulk. • Said that the interpretation for two story massing is more difficult to handle on a smaller lot than on a larger lot. The standard one-foot for every foot above 18 has been imposed. Stepping in structures above 18 feet in height is not a problem. • Stated that most existing homes would not meet this Ordinance if it is changed. Commissioner Kurasch asked why not apply the same interpretation for front yard setbacks as a means to rcducc bulk and mass. Mr. Warren B. Heid replied because the issue has never come up as a problem. Commissioner Roupe said why not give architectural flexibility and apply the standard to the single- story element setback. Mr. Warren B. Heid said that each project needs to be reviewed individually. Director Tom Sullivan pointed out that the full width of the street that separates front yard to front yard. Agreed that a 10-foot difference between a single story and two-story could be changed. Saratoga Planning Commission Minutes of February 13, 2002 Page 12 Mr. Warren B. Heid suggested that Zoning can be changed to Planned Development in order to allow percentages on smaller lots. Director Tom Sullivan said that if the City had large tracts, this suggestion would be great. The City has but a few infill lots and a majority of remodels that need to fit into existing neighborhoods. Commissioner Kurasch said that continuity to front setbacks makes sense. Mr. Steve Benzing, Architect, 144630 Big Basin Way, Saratoga: • Said that he has worked with Warren B. Heid for 17 years. • Pointed out that front elevations are driven by client concern for resale value and are rarely a straight box. • Expressed concern that the proposed changes in interpretation would render many existing homes into non-conforming status that would hinder remodeling work. • Said that the penalty for height applies for any area over 18 feet. This is how it has been interpreted. Chair Barry asked Mr. Benzing if he feels this interpretation could force one similar architectural style. Mr. Steve Benzing replied yes. He added that setting back the second story gives more sunlight and ensures privacy. He added that Saratoga already has the most restrictive design standards. Chair Barry asked Mr. Benzing if he believes that Saratoga has less architectural variety than other communities. Mr. Steve Benzing replied no. He added that Saratoga has more architectural variety but does not allow real radical design. He stated that Montalvo could not be built today. Tall and unique homes are not allowed by today's standards. He stated the importance in allowing a little bit of architectural freedom. Commissioner Roupe asked Mr. Benzing if he would prefer to have the continuation of the existing interpretation or the proposed interpretation. Mr. Stevc Benzing replied that the practice should continue to have the penalty apply to area above 18 feet as there are already enough negatives to not sell second stories. The client can choose livable space versus exterior height. He said that he prefers the existing interpretation as it has been used over the last 1 ~ years. Commissioner Kurasch pointed out that the rear setback has been 25 feet for asingle=story and 35 feet for a second story. Mr. Warren B. Heid expressed that it is nice to have the City review its policies with new thoughts. He added that he is accustomed to the existing interpretation. Chair Barry closed the Public hearing for Agenda Item No. 4 at 9:07 p.m. Saratoga Planning Commission Minutes of February 13, 2002 Page 13 Chair Barry said that Saratoga has the blessing, but also the complication, in that the City has no typical tract style neighborhoods but rather it has much variety. She said that she would prefer to not tweak the Ordinance at this time. Commissioner Roupe said if this proposed interpretation is best, he is concerned about putting it off. Chair Barry suggested imposing a time frame to come back with preliminary review of where the conflicts are. This could include changing the definition of structure. Reiterated that she would rather wait. Commissioner Hunter stated that this is an interesting process and she is learning a lot and is glad that there are two architects present this evening: Added that she is not wild about change and prefers keeping the interpretation as it is, if it is working. Agreed with the recommendation to hold off for a while on any changes. Commissioner Jackman said that the Commission Subcommittee should set some deadlines. Commissioner Hunter said that the flexibility of the interpretation is not that bad. Commissioner Jackman cautioned that there should not be too much flexibility as staff tends to tum over. Commissioner Garakani asked for the pros and cons of both the existing and proposed interpretations. Director Tom Sullivan suggested a continuance of this Public Hearing. Chair Barry agreed that this is a good idea to allow more input before making a final decision. Commissioner Kurasch said that the Commission hears community input at each meeting. All' can agree that the impact of a two-story structure is greater than the impact of a single-story structure. Having a simple setback standard is the.resolution. Commissioner Garakani said the setback stays the same with both rear yard setback interpretations. Director Tom Sullivan said that it does not stay the same. The difference would be that the whole structure (two-story) would have an additional 10-foot setback. Chair Barry asked if the 10-foot number is arbitrary. Commissioner Kurasch recommended requiring the 25-foot rear setback for single-story and 35 foot setback for two-story structures. Chair Barry restated her support for a continuance to solicit additional input. Director Tom Sullivan agreed that input from other practicing architects could be solicited. Commissioner Kurasch added that input from community members would also be helpful. Saratoga Planning Commission Minutes of February 13, 2002 Page 14 Chair Barry reopened the Public Hearing for Agenda Item No. 4 at 9:24 p.m. Mr. Warren B. Heid said that he concurs with the concerns expressed by Commissioner Kurasch, whereby the 26-foot maximum height is allowed at the front setback. Chair Barry pointed out that privacy and bulk are always major concerns when reviewing design proposals. She added that it is important to guard against preventing flexibility and to provide an interpretation that does not penalize architecture. Director Sullivan stated that the Zoning Ordinance establishes a three dimensional envelope where a structure can be designed. Proposed continuing for one month to allow the involvement of more people. *** DIRECTOR ITEMS There were no Director Items, COMMISSION ITEMS Appointment of Commissioner to Attend Village Economic Planning Committee Meetings Chair Barry suggested appointing a Planning Commissioner to attend the Village Economic Planning Committee meetings and proposed Commissioner Hunter for that assigmnent due to her depth of knowledge on the history of buildings in Saratoga. Commissioner Jackman said that this is a good idea. Commissioner Hunter accepted the assignment, saying that she is happy to do so. Planners Institute Commissioner Hunter inquired if any Commissioners planned to attend the Annual Planners Institute and whether the City would reimburse the costs of attendance. Director Sullivan replied yes. Commissioner Hunter asked for recommendations on which programs might be most beneficial. She offered free accommodations to any interested Commissioners at a home she has available in the Monterey area. Commissioner Kurasch said that she would be attending the Planners Institute on Thursday. Commissioners Subcommittees Sazatoga Planning Commission Minutes of February 13, 2002 Page 15 Commissioner Roupe asked if the discussion on basements would continue this evening. Commissioner Jackman said that the latest revision was distributed at the last meeting and that further discussion would occur at the next meeting. Upon further reflection, she advised that she will actually not be in attendance at the next meeting on February 27`h Director Sullivan suggested dedicating a full meeting in Mazch; either the 12`h or 27`h, to an in-depth discussion of Subcommittee reports as well as the continuation of the rear yard setback interpretation. That meeting could have a minimum. of specific development review. Commissioner Kurasch suggested splitting up those two topics at sepazate meetings. COMMUNICATIONS There were no Communication Items. ADJOURNMENT TO NEXT MEETING Chair Barry adjourned the meeting at 9:42 p.m. to the next regular meeting set for Wednesday, February 27, 2002, to begin at 7 p.m. MINUTES PREPARED AND SUBMITTED BY: Corinne A. Shinn, Minutes Clerk Saratoga Planning Commission Minutes of March 13, 2002 • Removal of the wrought 'r~gate at the rear of the proper o facilitate pedestrian access; an • Review of this C itional Use Permit in six months months and upon any complaint. AYES: arry, Garakani, Hunter, Kura ,Roupe and Zutshi NOES• None NT: None STAIN: Jackman Jackman returned to th~ciais at 8:17 p.m. **:x PUBLIC HEARING -ITEM N0.2 Aualication #02-007 (Citvwidel Resolution Amendine the Zonine Requirements related to Rear Yard Setbacks for Two Story Dwellings: The Planning Commission has requested that it consider amending the language of the Zoning Ordinance that regulates rear yard setbacks for two story dwellings. Currently the minimum yard requirements differ for lots that have been developed prior to May 15, 1992, vs. vacant lot and lots created after May 15, 1992. The ordinance also has different setbacks for single-story and multi-story dwellings. (SULLIVAN) Director Tom Sullivan presented the staff report as follows: • Advised that he had contacted Architect Warren Heid who in turn contacted the AIA to invite any interested architects to participate in this evening's hearing. • Said that the same report was distributed from the February 13, 2002, Planning Commission Public Hearing. • Said that the goal is to have the practice/interpretation and written word to be the same. • Reminded that this is a continued Public Hearing item from February 13~h. Chair Barry reopened the Public Hearing for Agenda Item No. 2 at 8:22 p.m. Mr. \Carren Heid, Architect, 14630 Big Basin Way, Saratoga: • Expressed regret that his fellow architects did not make this meeting. • Pointed out that the header of the minutes of the past hearing incorrectly read January 23, 2002, instead of the actual meeting date of February 13, 2002. • Said that staff has developed an excellent way to explain rear setbacks but he has some concern. Commissioner Garakani asked why not include front and side yard setbacks. Commissioner Roupe said that this could be done at a later date. At this time, the Commission directed staff to deal only with rear setbacks. Director Tom Sullivan said that at the meeting of February 13, 2002, the Commission gave no direction to readvertise this item with a expanded scope. Mr. Warren Heid: Saratoga Planning Commission Minutes of March 13, 2002 Page 9 • Suggested that the text of the proposed Ordinance that deals with adding one foot for every foot above 18 feet should be clarified by adding `for the portion above 18 feet." This simple addition will clarify the intent. Said that page 2 of the staff report reads "10 feet from the fapade." He wondered if it more accurately should read "10 feet from the property line." Director Tom Sullivan said that it was staff s intent to say fapade. Mr. Warren Heid said that he questions what he was agreeing to in the last minutes on page 22. Commissioner Roupe said that staff will put this matter on a future agenda and incorporate the added text "above 18 feet." Chair Barry closed the Public Hearing for Agenda Item No. 2 at 8:34 p.m. Commissioner Kurasch asked where the 10 foot standard came from. Director Tom Sullivan said that it was probably borrowed from another Ordinance. The impact on single story and multi story structures is where the difference exists between the written word and common practice or interpretation. Commissioner Kurasch said that recent practices require different setbacks between first and second floors. Director Tom Sullivan said that the Commission gave that instruction. Commissioner Kurasch asked if there is any architectural reason for ] 0 feet instead of 12.5, etc. Director Tom Sullivan replied no. He said that someone had to make a decision and someone did. Commissioner Roupe said that staff seems to have the right interpretation. Said that the question is whether the Commission wants to go with the practices over the last 15 years or go with this new proposal. Chair Barn' said that it would be nice to hear from other practicing architects. Commissioner Zutshi sought clarification that the second story is set back 10 feet further than the first story element. Commissioner Garakani said that this is a great proposal and gives flexibility to developers/designers. Commissioner Kurasch said that she differs in opinion. Commissioner Jackman said that this Ordinance would not create a one size fits all architectural standard and that they have to start someplace. This is just the minimum and is a good start. The expanded setback compensates to give use of land while keeping privacy for adjacent properties. Saratoga Planning Commission Minutes of March 13, 2002 Page 10 Chair Barry said that she sees a difference between small lots (10,000, 12,500 or 15, 000 square feet) and lazger lots. Sought assurance that this Ordinance is not allowing greater encroachment into the setback. Commissioner Garakani said that there is no encroaching into the setback at all. Director Tom Sullivan said that the Municipal Code provides a difference between corner and interior lots and between single story and multi story structures. When the Ordinance was written, corner lots did not require to stagger setbacks. Commissioner Kurasch said that she does not see a conflict with one setback standard for single-story and another for multi-story structures. Commissioner Garakani asked if there are any disadvantages Commissioner Kurasch said that many are concerned about maxed out properties and air and quality issues. It is important to have large spaces between buildings and nice landscaping. It is a reason why people move and live here in Saratoga. Chair Barry said that on smaller lots, if the first story is allowed to go back further, it could lead to privacy issues or noise impacts on adjacent neighbors. Commissioner Garakani pointed out that single-story rear setbacks remain at 25 feet. Commissioner Kurasch added that multi-story structures have a lazger setback at 35 feet. Chair Barry said that issues include air, space and light. Director Tom Sullivan pointed out that smaller parcels allow 60 percent coverage and greater FAR than larger parcels. Chair Barry said that the Commissioners will not all see this the same way. Added that she did not feel comfortable allowing this on smaller lots (R-1-10,000, R-1-12,500). Commissioner Garakani suggested that this might promote two-story structures on smaller lots. Director Tom Sullivan agreed that it is easier to accommodate on larger lots. Commissioner Kurasch said that Saratoga is typically asingle-story town. Director Tom Sullivan agreed that many Codes do encourage single stories. Commissioner Garakani said that he would like input from other azchitects. Director Tom Sullivan reminded that AIA (American Institute of Architects) was contacted and Architect Warren Heid personally contacted 10 to 121oca1 architects. Saratoga Planning Commission Minutes of March 13, 2002 Page 11 Chair Batry agreed that the attempt was made to solicit input. Commissioner Hunter expressed concern that the Ordinance may become restrictive. Mr. Marty Oakley, Builder/Designer: • Said that he has worked in Saratoga over the past 28 years. • Expressed that there is not much problem with the existing Ordinance and that it is clear as written • Said that the additional 10 feet is fine with larger lots. Chair Barry said that the question of whether or not to change the Ordinance is what is being considered this evening. Mr. Marty Oakley: • Said that, in his opinion, the Ordinance does not need to be changed. • Said that these changes become an issue when dealing with 10,000, 12,500 and 15,000 square foot lots. The side and front setbacks are crucial. • Asked the Commission to reconsider expanding the rear setback requirement. • Said that everyone has been able to work with the existing Ordinance interpretation and it has not been a problem in the past. Chair Barry said that the practical interpretation of the Code has been different from the written word. It is her impression that builders have actually not lived with a true interpretation of the Code as it was written. Mr. Marty Oakley said that he has appeared before many Planning Commissioners and the rear yard setback is typically not raised by the Planning Commission as a concern. Commissioner Jackman said that the issue arises when additions are made on existing tract homes. Said that the Commission is trying to ensure neighborhood compatibility. Mr. Marty Oakley said that today there is more redevelopment than new homes in Saratoga. Old homes arc torn down and rebuilt to today's standards. The Ordinance as it exists is fine. Chair Barry closed the Public Hearing for Agenda Item No. 2 at 9:17 p.m. Director Tom Sullivan said that the Commission has several options. To move forward with the proposed drafts, to amend those. drafts or to put them aside and keep operating as it is today. Chair Barry said that it might be helpful to determine whether the Commissioners are ready to take a stand this evening. Director Tom Sullivan said that it would be appropriate to take a straw vote. Chair Barry asked for a show of hands. Commissioners Kurasch, Hunter and Barry voted to leave the Ordinance as it is. Commissioners Roupe, Jackman and Garakani supported changing the Ordinance. Commissioner Zutshi abstained. Saratoga Planning Commission Minutes of March 13, 2002 Page 12 Director Tom Sullivan said that historically, there have been two different minimum setbacks for first and multi-story structures, requiring the whole structure to be moved if a multi-story. The proposal would change that so that there would be a different setback for the first story and another for the second floor. Commissioner Jackman said that with the proposed Code amendment, the first story would be closer to the back property line than the top story. Commissioner Kurasch said that the whole structure would be further away from the reaz setback. Motion: Upon motion of Chair Barry, seconded by Commissioner Jackman, the Commission approved the Negative Declaration for amendment to the Zoning Ordinance requirements related to Rear Yard Setbacks. AYES: Barry, Garakani, Hunter, Jackman, Roupe and Zutshi NOES: Kurasch ABSENT: None ABSTAIN: None Motion: Upon motion of Commissioner Roupe, seconded by Commissioner Garakani, the Planning Commission adopted a Resolution to amend the Zoning Ordinance requirements related to Rear Yard Setbacks as proposed. AYES: Garakani, Jackman, Roupe and Zutshi NOES: Barry, Hunter and Kurasch ABSENT: None ABSTAIN: None **+ DIRECTOR ITEMS There were no Director Items. COMMISSION ITEMS Basements: Consider adopting new Zoning Ordinance requirements regarding the construction of basements. (VASUDEVAN) Planner Lata Vasudevan presented the staff update as follows: • Advised that she has distributed a revised version of the proposed Zoning requirements for basements, which clarifies definitions. • Said that they have provided definitions of a light well. • Suggested incorporating wording to read " 36-inch high guardrail with self-closing gate or grate. " Commissioner Roupe asked for assurances that light wells must meet applicable setbacks and not encroach into required setbacks. _ Director Tom Sullivan said that this is already the practice. ATTACHMENT 4 .:~. _`~, ~'f+. . ~1.- '4• 7vf0- $70R:Y -PROPOSED jN• ~~~~R ..' eE~Q i ~ 30' ONE • STO RY - C•XbT MCs R ~. .: 7~:a/O.STORY- 4XISTIN6 ~ TWU-STORY- PROPOSED ~"v 30~-0° 1Z= I=10,000 - . R=1-12,500 .,... ~, R- ~ - t5,ooo ~~ ONE-$T00.Y• PROPOSED c OriF• STORY- E%~STING ON E-STORY- PRA Po5 ED R-1- 20,4Q0. .-,. :' :. °~~ . • ~:.,. . }~ ti f: . (Z~ R 35' ONE-STORY- EXISTING <- `~"K~; $-1-.40,o0D < H R .~: : ~~ . .. _.t~ !"~' . S, ~. -„9 L.; ..7 ~ REAR ,jI- :. .. t ~~ UNE • STO ~Y- EXISTING .. . ~~~{.., Two-STOQ~(- EXISTING •'.~ `, `_ h• - R /.F 35' ~- ...ONE-STORY - PROPoSeD ONE-STOtJ - PROPOSED „- .~., 7~/O• SToRY - PRopoSEG 7HlD-STORY- E'{tSTtNC+ .r...%r '- 5.... ~ -k;: _ _ T.~c/O.-.STaR.Y- PROPOSED ~.J ATTACHMENT 5 1s-12.061 (a) A vatiance pursuant to Article 15-70 of this Chapter may be granted where the findings prescribed in Section 15-70.060 can be made, and (b) An exception under Article 14-35 of the Subdivi- sion Ordinance may be granted whet the findings pre- scribed in Section 14-35.020 can made. IS-12.070 Site from ge, width and depth. (a) The minimum s' a frontage, width and depth in each R-1 districts be as follows: Site Site Site_ District Frontage Width Depth R-I- ,000 60 fr. 85 ft. 115 ft. R- -12,500 65 ft. 90 ft. 120 ft. -1-15,000 70 ft. 100 ft. 125 ft. R-1-20,000 80 ft. 110 ft. 140 ft. R-1-40,000 100 f[. 150 ft. 150 ft. (b) Notwithstanding the provisions of subsection (a) of this Section: (I) The site width of a corner lot sh 11 be not less than one hundred feet. (2) The minimum site frontage o a cuhie-sac turn- around shall be sixty feet where s enty-five percent or more of the frontage abuts th urnazound. (3) The frontage and w' th of an access corridor to a flab lot shall be not ! than twenty feet. 15-12.080 coverage. The maxima coverage in each R-1 district shall be as set forth i the following [able: District Coverage (percent) R-I-]0,000 60 R-I-12,500 55 R-1-15,000 50 R-1-20,000 45 R-1-40.000 35 (Amended by Ord. 71.99 § 8, ]991; Ord. 71-II1 § 1, 1992: Ord. 71-185 § I (pan), 1998) 15-I2.090 Front yard, side yards and rear yards. (a) The minimum yazd requirements for all lots in the R-1 district, with the exception of vacant lots and lots created after May 15, 1992, are as follows: (I) Front yard. The minimum front yazd of any lot in each R-1 district shall be the distance indicated in the following table: District Front Yard R-I-10,000 25 ft. R-1-12,500 25 f[. R-1-15.000 25 ft. R-1-20,000 30 ft. R-1-40,000 30 ft. (2) Side yards of interior lots. The minimum side yazd of any interior lot in each R-1 district shall be the distance indicated in the following table for each side yard: Individual District Side Yards R-1-]0,000 30 ft. R-1-12,500 10 ft. R-1-15,000 12 ft. R-I-20,000 IS ft. R-1-40.000 20 ft. (3) Side yards of corner lots. The minimum side yazd of any comer tot in each R-1 district shall be the distance indicated in the following [able: Interior Exterior District Side Yard Side Yard" R-1-10,000 10 ft. 25 ft. R-]-12,500 10 ft. 25 fr. R-1-15,000 12 ft. 25 ft. R-1-20,000 15 ft. 25 ft. R-1-40,000 20 ft. 25 ft. (4) Rear yards of comer -ots. The minimum rear yazd of any corner lot in each R-1 district shall be the distance indicated in the following table: Single-Story Multi-Story District Rear Yard Rear Yard R-I-10,000 10 ft. 10 fr. R-1-12,500 10 ft. 10 ft. R-1-15,000 12 ft. 12 ft. R-I-20,000 15 ft. IS ft. R-1-40,000 20 ft. 20 ft. (Sar~roga 7-99) 294 ~- 1s-12.100 (5) Rear yards of interior lots. The minimum reaz yard of any interior lot in each R-I district shall be the distance indicated in the following table: (4) Rear yards of corner lots. The minimum rear yard of any corner lot in each R-I district shall betwenty- five percent of the lot depth, or the distance indicated in the following table: Single-Story Multi-Story District Rear Yard Rear Yard R-1-10,000 25 fr. 35 fr. . R-1-12,500 25 ft. 35 ft. R-I-15,000 30 ft. 40 ft R-1-20,000 35 fr. 45 fr. R-1-40,000 50 ft. 60 fr. (b) The minimum yard requirements for structures and additions thereto on vacant lots and other lots created after May I5, 1992, are as follows: (1) Front yard. The minimum front yard of any lot in each R-1 district shall be twenty percent of the lot depth, or the distance indicated in the following table, whichever is greater: District Front Yard R-1-10,000 25 ft. R-1-12,500 25 fr. R-1-15,000 25 ft. R-1-20,000 30 ft. R-I-40,000 30 ft. (2) Side yards of interior lots. The minimum side yard of any interior lot in each R-I district shall be ten percent of the lot width, or the distance indicated in the following table for each side yard, whichever is greater: Iudividtral District Side Yards R-1-10,000 10 ft. R-1-12,500 10 ft. R-]-15,000 12 fr. R-1-20.000 IS ft. R-1-4Q,000 20 ft. (3) Side yards of corner lots. The minimum side yard of any corner lot in each R-1 district shall be ten percent of the lot width, or the distance indicated in the following table: Interior Exterior District Side Yard Side Yard R-1-10,000 10 ft. IS ft. R-]-12,500 10 ft. 15 fr. R-I-IS,000 12 ft. 15 R R-1-20,000 15 ft 20 ft. R-1-40,000 20 fr. 25 ft. Slagle-Story Multi-Story District Rear Yard Rear Yard R-1-10,000 25 ft. 25 fr. R-1-12,500 25 ft. 25 fr. R-1-15,000 30 ft. 30 ft. R-1-20,000 35 ft. 35 fr. R-1-40,000 50 ft. 60 ft. (S) Rear yards of interior lots. The minimum rear yard of any interior lot in each R-I district shall betwenty- five percent of the lot depth, or the distance indicated in the following table, whichever is greater: Single-Story Multi-Story District Rear Yard Rear Yard R-1-10,000 25 fr. 35 fr. R-1-12,500 25 ft. 35 fr. R-1-15,000 30 ft. 40 ft. R-1-20,000 35 fr. 45 fr. R-1-40,000 50 fr. 60 ft. (c) For the purpose of this Article, "vacant lot" means a parcel with no existing single-family dwelling. (d) De[erminatien of yards for flag lots. On a flag lot with an average width that exceeds its average depth, the longer dimension may be considered the depth for the purpose of measuring [he front, side and rear yards, unless to do so would adversely affect the lot's normal yard orientation in relation to adjacent lots. (Amended by Ord. 71.99 § 9, 1991;Ord. 71-106 § 2, 1992; Amended doting 5/9S supplement) 15-12.100 Height of structures. (a) Nosingle-family dwelling shall exceed twenty-six feet in height and~fibo[her type of main structure shall exceed thi ~etin height (b) accessory structure shall ceed twelve feet in h 'o t; provided, however, theP~anning Commission y approve an accessary stm a extending up to fifteen feet in height if the Co fission finds and determines that: (1) The addi ' nai height is necessary in ord to establish azchi compatibility with the cture on the sit ,and (2) a accessory strucmre will b ompadble with the mounding neighborhood. 295 (s~~ aes) ATTACHMENT 6 - .J Setback and Lot Coverage F~equirements: CORNEA LOTS (created .before Jan 1992) ~ THE MINIMUM YARD REQUIREMENTS FOR CORNER LOTS, WITH THE EXCEPTION OF VACANT LOTS, ARE AS FOLLOWS: ZONE DISTRICT FRONT SIDE REAR IMPERVIOUS Int/ESLt 1st/2st COVERAGE R-1-10,000 25 10/25 ZO/10 60% R-1-12,500 25 10/25 10/10 550 R-1-15,000 25 12/25 12/12 500 R-1-20,000 30 15/25 15/15 45% R-1-40,000 30 20/25 20/20 35°s HR 30 20/25 50/60 250 (up to max. 15,000 sq. ft.) THE MINIMUM YARD REQUIREMENTS FOR ALL VACANT CORNER LOTS SHALL BE EITHER THE ABOVE, OR AS FOLLOWS, WHICHEVER IS GREATER: FRONT: 200 of lot depth SIDE: 100 of lot width REAR: 25% of lot depth 1~ ~ ,. 1 Line Setback and Lot Coverage Requirements: CORNER LOTS (created after Jan 1992) THE MINIMUM YARD REQUIREMENTS FOR CORNER LOTS ARE EITHER: ZONE DISTRICT FRONT SIDE REAR IMPERVIOUS Int/Ext 1st/2st COVERAGE R-1-10,000 25 10/15 25/25 600 R-1-12,500 25 10/15 25/25 55$ R-1-15,000 25 12/15 30/30 50% R-1-20,000 30 15/20 35/35 450 R-1-40,000 30 .20/25 50/60 35% HR 30 20/25 50/60 25% (up to max. 15,000 sq. ft.) OR AS FOLLOWS, WHICHEVER DISTANCE IS GREATER: FRONT: 20% of lot depth SIDE: 10$ of lot width REAR: 25% of lot depth `. J Setback and Lot Coverage Requirements: INTERIOR LOTS THE MINIMUM YARD REQUIREMENTS FOR ALL LOTS, WITH THE ERCEPTION OF VACANT LOTS AND. LOTS CREATED AFTER JANIIARY, 1992, ARE AS FOLLOWS: 20NE DISTRICT FRONT SIDE REAR IMPERVIOUS 1st/25t COVERAGE R-1-10,000 25 10 25/35 60% R-1-12,500 25 - 10 -25/35 55% R-1-15,000 25 12 30/40 50% R-1-20,000 30 15 35/45 450 R-1-40,000 30 20 50/60 35% HR 30 20 50/60 25a (up to max. 15,000 sq. ft.) THE MINIMUM YARD REQUIREMENTS FOR ALL VACANT LOTS AND LOTS CREATED AFTER JANUARY, 1992, SHALL BE EITHER THE ABOVE, OR AS FOLLOWS, WHICHEVER ZS GREATER: FRONT: 20% of lot depth SIDE:. 10% of lot width REAR: 25$ of lot depth. SETBACK ENVELOPE q'' R SARATOGA CITY COUNCIL MEETING DATE: May 1, 2002 ORIGINATING DEPT: Community Development PREPARED SY: Thomas Sullivan, AICP AGENDA ITEM: CITX MANAGER: f/~~+~-- DEPT HEAD: ,,;~,_ ~~ SUBJECT: MR LEE/THE INN AT SARATOGA REQUEST TO EXCHANGE 17 PARKING SPACES WITH THE CTl'Y OF SARATOGA RECOMMENDED ACTION(S): Provide direction to Staff. REPORT SUMMARY: The City Council first heard this request on December 5, 2001. At that meeting, the Council wanted the business and property owners with Parking District #1 noticed of the matter in order to gain their point of view. The City's Economic Development Coordinator has discussed the matter with the business owners and Planning Staff has sent written notice to the property owners. Mr. Lee of The Inn at Saratoga has approached City Staff last yeaz requesting that he and the City trade 17 parking spaces. The parking lot for the Inn is contiguous to the City's parking lot near Saratoga Creek and Wildwood Park. Mr. Lee has provided a map depicting the trade. The parking lot involved in the proposed trade is Village Parking District #1. Mr. Lee has indicated that the general public uses his parking because it is closer to Wildwood Park. Mr. Lee and the City have cooperated in signage and the spaces that belong to the Inn are clearly marked. The City has the authority to sell or trade property in the District. Initial research indicates that the sale must be approved by a 4/5 vote of the council after a noticed public hearing. The City and Mr. Lee could exchange easements which would allow each party to obtain a bit more control. of how the underlying land is used. For example, an outright transfer would allow the Inn to use the transferred land for purposes other than parking and might increase the permissible development intensity on the Inn's property. To move forward with a trade an appraisal is not required. The primary value of an appraisal would be to ensure that the exchange is fair: are the values of the two parcels comparable? The issue is ensuring that there is no improper use of public funds. If the use of the transferred parcel is limited to use for parking, it seems that the values would be compatible. If the transfer is A conducted in a manner that would add considerable value to the remainder of the Inn's property, an appraisal could be in order. If the future use will be limited to parking, establishing value on a per parking space basis would seem reasonable. If the transferred land could be used for other than parking purposes, a square footage basis would seem more appropriate. FISCAL IMPACTS: If the proposed trade moves forward, the City will expend Staff and Attorney time. CONSEQUENCES OT' NOT FOLLOWING RECOMMENDED ACTION(S): Not Applicable ALTERNATIVE ACTION(S): Either accept or reject Mr. Lee's request. FOLLOW UP ACTION(S): Implement Council direction. ADVERTISING, NOTICING AND PUBLIC CONTACT: The property owners of Parking District #1 have receive Additionally, the City's Economic Development Coordinator, business tenants of the meeting. A formal public hearing will staff direction to move forward on the possible transfer. ATTACHMENTS: d a written notice of the site. Danielle Surdin has notified the be required if the Council gives 1. Map showing boundaries of Parking District #1. 2. Drawing of the parking area to be traded provided by Mr. Lee r 1 L_.~ ~ ~f~ ATTACHMENT 1 i '~ ~o ~R Wil~dwoond Park ..` \,,,,,~_~~ ~~~~~ J Inn at r 400 Village Parking District #t 0 CREEKS AND TRIBUTARIES PARCEL Text1 400 800 Feet N W E S ATTACHMENT 2 SARATOGA CITY COUNCIL MEETING DATE: May 1, 2002 AGENDA ITEM: ORIGINATING DEPT: City Manager's Office CITY MANAGER: O~G~~`r` PREPARED BY: Lorie Tinfow DEPT HEAD ~- ~ SUBJECT: Saratoga Library Project Update RECOMMENDED ACTION(S): Authorize an add service charge of $3000 to be paid to Field Paoli for which the City will be reimbursed by Thompson Pacific Construction for redesign costs associated with a material substitution. Authorize an increase to our contract with William Scotsman in the amount of $1750 for the upgrade of commodes at the tmporazy library for which the Santa Clara County Library will reimburse the City. Authorize staff to expend up to $20,500 for utility trenching, disconnection and reconnection costs associated with the Saratoga Temporary Library resulting from expansion of Sacred Heart School REPORT SUMMARY: Background. Phase II of library construction has been underway since February 1 I. Staff will be making monthly activity reports. Change Order Activity. The following final Change Orders are within the authority granted to staff by Council on February 12, 2002, so no additional Council action is requested at this time. • The energy alternates will be added by Change Order #1 for $99,000. • Change Order #2 was submitted for two items. Item one is for removal of the sheetrock found between the plywood and the roof shingles. Because the plywood was being retained, the sheetrock had to be removed cazefully and by hand. Total cost submitted is $11,663. Item two covers additional roof demolition near where the cafe will be that was not called out initially for a total cost of $13,963. Add Services. The request for $3000 in add services to Field Paoli resulted from a request made by Thompson Pacific (TP) to make a substitution in framing members-the one specified has a much longer lead time than another readily-available. The substitution will require reengineering services through Field Paoli for which TP will reimburse the City. Budget Status. The Library project remains at $14,127,934 for all contracts and known costs, and includes the $99,000 for Change Order #1. A balance of $336,759 for additional change orders remains in the original budget of $14.5 million. The $500,000 buffer remains for additional library construction expense if needed. Summar Chan e order for ener alternates $99,000 Contin enc allocation authorized $336,759 Additional chan e orders since last re ort $25,626 Total chan a orders to date $25,626 Percent of authorized contin enc allocation used 7.6% Remaining contingency allocation (The cost of the energy alternates was allocated in the initial budget not allocated in the contin enc bud et. $311,133 In future reports, the energy alternates will not be tracked as part of the change order activity. Construction remains on schedule. At this time, construction is estimated to be complete by February 28, 2003, and the new library will open to the public in Spring 2003. Temporary Library Sacred Heart School initiated construction of new school facilities in December 2001. In January, contractor Blach Construction contacted the City to discuss the impacts of their construction on the operation of the temporary library. The project includes moving all above- ground utilities (PG&E and Pacific Bell) into underground conduit. Both electrical and telephone service will be interrupted. In addition, the poles that carry the power and telephone services will be displaced by the new building to a location further away from the library connection. A letter from Sacred Heart that explains the need is being drafted and will be forwarded to Council. separately. Staff requested a bid for the work from Blach in January; a response was received in April. After negotiating, the final cost estimate is $12,500 for trenching, electrical work and paving. Pacific Bell is billing separately for their work at a cost of $7722.68. When the temporary library was under construction last summer, there was no indication that the power and telephone lines serving the temporary library would need to be placed underground as part of Sacred Heart's construction. A related issue is the change out of the existing toilets for more powerful versions at a cost of $1750. Library staff requested the change and offered to reimburse the City for any costs. FISCAL IMPACTS: 1. Outlay of $4750 that will be reimbursed by others to the City. 2. Additional expenditure of $20,500 for unanticipated utility connection costs associated with the Temporary Library. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): None. ALTERNATIVE ACTION(S): None. FOLLOW UP ACTION(S): Staff will continue to bring change order updates or requests to Council monthly. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: None. ~, SARATOGA CITY COUNCIL MEETING DATE: May 1, 2002 AGENDA ITEM: "'s ORIGINATING DEPT: Community Development CITY MANAGER: ~ ~-~- PREPARED BY: John F. Livingstone DEPT HEAD: SUBJECT: The City Council has requested reconsideration of their previous action regarding the disposition of the existing non-orchard trees in the Heritage Orchard. RECOMMENDED ACTION: Provide direction to staff concerning the removal and transplanting of Oak trees in the Heritage Orchard. REPORT SUMMARY: At the City Council meeting of April 3, Councilman Bogosian requested that the City Council reconsider its prior approval of bids to remove or transplant non-orchard trees from the Heritage Orchard. The Mayor subsequently placed this on the May 1, 2002 agenda for Council reconsideration. The non-orchazd trees inhibit the growth of the orchard trees. Staff investi;ated options to have the Oak trees moved or sold. A tree mover met with staff and explained that most of the trees are too large to move and have structural problems, which prohibit moving them. One tree close to Fruitvale Avenue could be moved at a cost of approximately $20K. Staff is recommending that this tree be transplanted to the entrance of the City as part of the Gateway Project. In light of the recommendation by the tree moving company, the Heritage Preservation Commission recommended to the City Council that the remaining trees be removed. . DISCUSSION: The lowest bid for the tree removal project, which including grinding the stumps instead of complete removal was submitted by Ian Geddes Tree Care Inc. for $3,450. Staff is recommending awarding the contract to Ian Geddes Tree Care Inc. The following is a list of the companies who submitted bids for the project: lan Geddes Tree Care Inc. ---------------------- $3,450 Arbor Care ---------------------------------------- $5,540 Tree Master --------------------------------------- $6,950 Bill's Tree Care and Landscaping Inc.---------- $7,700 Norhausen Inc. ------------------------------------ $8,680 Anderson's Tree Caze ---------------------------- $9,030 Novakovich Orchazds --------------------------- $12,000 v The bid for moving and replanting the five small Oak trees is $500 a tree. This size of Oak is ideal for transplanting. Staff is recommending the tree .transplanting due to previous success transplanting trees by the same tree moving company. Staff is recommending awazding the contract to Tree Movers. HISTORY: At the March 20, 2002 City Council meeting staff prepared a report requesting direction on the disposition of the non-orchazd trees in the Heritage Orchazd. At the meeting, Council directed staff to amend the Phase II Orchazd Restoration CIP Project budget and the Heritage Orchazd Master Plan to remove the trees. On April 3, 2002 staff prepared a report on the non-orchazd trees which included two resolutions of approval, one to amend the Heritage Orchard Master Plan and the other to appropriate funds for the removal and transplant of the non-orchard trees. Removal of the Orange tree was discussed and ultimately decided to be retained. Both resolutions where approved. FISCAL IMPACT: Removal of six Oaks and two Firs trees-------------------------------------------------- $3,450 Transplant the five small Oak trees along Sazatoga Avenue to the median on Fruitvale Avenue-------------------------------------------------------------- $2,500 Recommended contingency------------------------------------------------------------------ $450 TOTAL $6,400 If all of the above requests aze funded the total amount would equal $6,4/I/l. This money would be taken from the Council Contingency fund. CONSEQUENCES OF NOT FOLLOWING ACTION: If the Oak trees are not removed, it may cause orchard trees near the Oak trees to deteriorate. If the small Oaks trees along Saratoga Avenue are not transplanted to the median on Fruitvale .Avenue, the trees will eventually mature and cause the view of the orchard along; Sarato`.:a Avenue to be obscured, and inhibit the growth of nearby orchard trees. ALTERNATIVE ACTIONS: l . Grant a portion of the requested funding for select items. 2. Prune the Oak trees to prevent further deterioration of the orchard trees. 3. Budget the tree replacement and removal in 2003/2004 in conjunction with the tree replacement plan for the library project. 2 of 3 FOLLOW UP ACTIONS: Staff will prepare a contract with the tree removal and tree moving companies. The large Oak closest to Fruitvale Avenue will be maintained in the event that it may meet the final specifications for the Gateway Project. At that time, the item will be brought back to the City Council as part of the Gateway Project. ATTACHEIVIENTS: 1. _ Map 2. Correspondence 3 of 3 ®~®~®®®~ ®®~ ®®® ~ m@®~®~v ®~~~~ ®®f®~ ®6 ® ~ ~®®~ o®®: ®~._.. ~ r-.D v o. . 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O ~~`O 0000000 8000 ®o a oo~~~O O o0 ~0 o~Op °O ~ooooooa ©©Oo 00 ®Ooo~O~.:;: °oooG j , ~ O o® a.'oOc, o0 0 ~oOp Oooo OO+oo °Qo~qC700O0 0 0<J OJa ~oo~oo U ~~~' ~ ~ ~ s v c N N ~ ~ Z 7 ~ (D ° d ti H ° S fD ' ° 7 ° n S Pl Z d n n m z m ~ . ., .~. n S A~ a ~/ ~!` ~ w~ W 04/22 '02 08:58 N0.352 02/05 . POLITICAL ASPECTS OF OAK TREES LEFT IN THE HERITAGE ORCHARD Ana Waitonsmith, 419-62 I am responding to the a-marls requesting that the oak trees be Ieft in the Heritage Orchard. l our an avid fan of both Saratoga's Heritage Orchard, and of the oak trees that grow in Saratoga, but they don't mix well in the Heritage Orchard. There are two reasons, oaks are more powerful than the surrounding fruit trees, so surrounding fruit trees lose the competition. for water and light, AND the oaks left in this Orchard represent one more project that takes precedence over fire Heritage Orchard; politically this project paves the way for someone else's future project in the Orchard. Let's deal with the last argtmrent first Saratogans fall into three groups as they evaluate the Heritage Orchard. The ftirst group does not care about it It is just a piece of lead waiting to be developed. The secrond group likes the Orchard as long as it does not impede their own special project. ('This is a rather worrisome group of "sttpportcrs".) The thud group weals to save and nurture the Orchard above all other `~rrojects". ('I1ais third group thinks that all other city projects need to go elsewhere.) >~ During the past several years, despite a city council that has taken the position of saving the orchard, the orchard bas ~ both ground and trees. hr addition, the Orchard has bad multiple "near misses". These past events are: 1. The Library expansion was a hard fought struggle. In the end, the expansion of the building and parking lot took out 2 zedwoods, 4 sycamores, and some forty or more fruit trees (I can't farad my old data with exact numbers) 2. The temporary library and its parking lot nearly went in the NV/ section of the Orchard, near Saratoga Avenue. Only the last minute agreement with the church protected the Heritage Orchard. 3. Some citizens have lobbied us for a gym and or playfields in the orchard. Only the curative design work for the Civic Cemer remodel plans and active searches for temporary and permanent playSeIds elsewhere saved the orchard. 4. The Orchard management was moved to the control of Ute Heritage Commission, after there was a concern abaut the Parks and Rccreatioa Commission's views on maisrtainirrg the orchard. i _I 04/22 '02 08:58 N0.352 03/05 ,. f 5. And, of course, past City Councils have ignored the orclratd so that it is now costing a lot of money to pull it back into shape. With the present public financial problems, maintenance costs of the orchard will be up frn discussion and now may have to be cut. 6. 'There are continuing disctusions of a pump house and educational facility for the water well equipment and the public's i~ormation tovnt. How large will that project groR,? So along comes the decision of the Heritage Commission and the City Council to remove or move oak trees from the Orchard as part of the reclamation of the Orchard. Why should we do this? 'T'here are two general arguments: political and health. POLITICAL Making the Orchard look like a real orchard enhances its defenders' abilities to protect it from development. Also not allowing any project to nubble away at the orchard is essential. HEALTH Taking out non-fruit trees protects the individual surrounding fruit trees from the competition for water and light, making them healthier. The following issues fall under the two general arguments. 1.1n the future, when the l2 mature oak trees dominate the area by theiz height arcxd bulk, . who is going to seethe patches of fruit trees behind them? All we will see is the individual, rmuy, sad fruit trees neatest the street. Many of us have fruit trees in our yards. We Imow they are not an orchard. What is an orchard? It is the unbroken rows of the same type of fruit/nut trees maz+ching in line to the horizon. It is the glorious mass of the same type of flowering trees, visually unbroken by other tree shapes. This will not be wbat we or our children or grandchildren see in 10-20 years when the mature oaks now dominate the overall view. It is then that some group of citizens wilt have the bright idea of building a--for the city. "Those new buildings will be great nestled in beside the beautiful oaks. Let's take out those old remaining fnrit trees. It is not even an orchard anymore." 2.1 have heard the argument that the City is breaIdng ora own code of "no big oaks/trees can be cut down in Saratoga". Saratoga's code simply does not say that. Our code skates that tree removal permits are required aRer a certain circumference size. The following are some of the listed reasons for a permit to be given: disease, danger of falling, proximity to existing or proposed structrues, and for economic reasons or other . enjoyment of the property. 1n addition, tt+ees can be removed because of "the arunber, species, size and location of existing trees in area and the effect the removal would have upon shade, privacy impact, scenic beauty, property values, sad any established standards of the area" t#nd lastly, removal is permitted due to "the number. o£healthy trees the properly is able to support according io good forestry practices." -2 04/22 '02 08:59 N0.352 04/05 3. Some e•mails are insisting that big oaks and other trees do not hurt sunroundiag fnrit trees. I disagree. I ask-you to Took at the big oaks in our own yards and public areas. Nothing much grows withnn their drip lines because of the dense shade aad lack of water. The powerful oaks get all the water and are very dense shade trees. In addition, specialists tell us not to plant things under oaks that need a lot of water because watering oaks during the dry season can cause root rot for them. They are natives that axe designed for long Catifomia dry summers. Oaks are best not put in yards that are watezed year round. 4. An email says we should not take the trees down or move them because captors sit in them while humiag gophers. My argument is that while some trees axe to be taken down there are marry trees le8 oa the creek bordering the orchard, redwoods and oaks near the Library and church, the tall roof of the Library, and telephone poles and wires on Saratoga ~1,ve and Fnritvale Ave.l7xe raptors in xqY neighborhood use anything tall. If. there is a healthy crop of gophers in our Orchard, the raptors-will be there. Lets not argue that Mx. Redtail or Mrs. Owl worn hutxt on the Heritage Orchard land, if one of his/her trees disappears. 5. Mr. Novakovich brought uP a point that he uses the Oaks as shade for his men and the picked fruit. I can appreciate rbe need for shade for our orchard caretakers but let's be creative about die solutions. Leaving the oak trees in place has so many down sides that I would suggest putting up temporary shade teats at fruit picking time. Another solution is to make a series of shade arras under the remaindng giant oaks along the creek or over by the 1'brary. They are only a few rows away. 5. I think the saddest argument that I have had was the conversation with two of our local orchardists. When. I asked if they would allow oaks in their commercial orohards (both here and in the Central Valley), they both said no they would not allow oaks or other trees to grow in their oxtihazds. 'They would damage the fnriUnut crop yield. "But Amr, the Heritage Orchard is not a zeal orchard so it doesn't matter". But it does matter. The only way to preserve this orchard is to make it look as close to a `Yral° oreb8rd as possible. Conclusion I am asking the group of citizens who warn to save the Heritage Orchard to reconsider their stance on the oaks. I am very sad to seethe very folks who I perceive as wanting to defend the orchard, now unintentially compromising it and making it mote vulnezable to someone else's pet projects in the fxrhnre. Politically, if the oak trees take precedence over the orchard, it is as easy jump to seeing another pzoject taking precedence, I do not think that is what you want. -3- 04/22 '02 08:59 NO.352 05/05 a +l .. Please reconsider your argunsern. Yes, oaks are beautiful and majestic but some times they must be cut or moved. This is one of those times we have to make the hard choice. This is the only Heritage Orchard we have. Politically, it will only exist as long as we have a strong group of ptvtectors far it. The hard choice is that the non-iiuit tt+ees have to be cut or moved to save the orchard. It reminds me of the awful choice that the rangers are making is our Bay Wetlands. Too many foxes and feral cats (with no predators of their own) arc decimating the waterfowl population. ff they are not trapped, we will have no ducks and shore birds in our wetlands. It is the same hard arg~uoent £or the oak trees. We have to choose. I hope Were is someone still speaking for the fugue of the Heritage Orchard. -4- i~J ~1 ora Grens 73457 O/d Oak ~Ilay c$a'afoga, t^.alffomia 95070 ~PboneKFaz{408J 867-4239 e-mail dg~ensmarcom(~mebla.nel TO: MEMBERS, SARATOGA CTI'Y COUNCIL DAVE ANDERSON, CITY MANAGER MEMBERS, SARATOGA PLANNING COMMISSION MEMBERS, SARATOGA HERTTAGE PRESERVATION COMMISSION FROM: DORA GRENS DATE: 25 APRIL 2002 SUBJECT: REMOVAL/REPLANTING OF OAK TREES, SARATOGA HERITAGE ORCHARD When the plan for the Heritage Orchazd (dated August, 2001)was presented to the Heritage Preservation Commission by David Gates & Associates, the HPC - by consensus -suggested that options be explored for the removaUreplanting of some of the non-orchard (oak) trees. Based on information received, the majority of the Commission advised that the statement re: non-orchard trees at the bottom of page three of the plan be amended, removing the section about retaining the oak trees. I voted in the affirmative, based in part on personal experience. When volunteer oaks appeazed in our "orchazd" (approximately 20 trees) and our "vineyard" (approximately 20 vines), we naively decide to let them coexist. The oaks grew very rapidly. Two nectarines, my favorite Elberta peach and two cherry trees showed signs of slowing growth - andthenthey died. In addition, about five ofour vines died. The only proximal trees that survived were two large apricots which had grown very fast prior to the appearance ofthe oaks and the oaks' canopies didn't seem to bother them. During the pas[ few years, however, 'cot production on the these trees (compared to those on other parts ofour property) has slowed and the branches which have been encroached upon by then oak canopies are dying. I would hate to see this happen in the Heritage Orchard that we are trying to revive as a magnificent agriculturai example of Saratoga's heritage. If all of [he fine people who worked so hard to save the orchard don't want to go the extra mile and ensure the health of this wonderful place, then - by all means -don't remove or replant the oak trees. We can then plan on just having an oak grove. Due to the eventual demise of fruit vees growing anywhere near the oaks (from extreme shade -more and more as the oaks get larger and larger -, loss ofwater and a very acidic condition (of which fruit trees ]as opposed to camellias, azaleas and rhodies] are not fond] due to the oak leaves falling around the crop trees), THE OAKS SHALL OVERCOME! In that event, Good-bye, Heritage Orchard! 1 sincerely hope the City Council won't allow this to happen; according to Gates & Associates, there arc already 298 dead or missing trees in the Orchard! Several years ago, a prior City Council shelved carefully prepared plans for a tree ordinance. I would hope that you, as a more enlightened Council, would consider revisiting this proposed ordinance. There is an excellent section re: an off-site tree replacement program. Implementation of this program, as the budget allows, would offer a wonderful alternative to the rescinding of your previous vote re: oak tree removaUreplanting. Thank you for your consideration of my comments. Cordially, ~e~, e.. Dora Grens ~-- rya ~v ;~ 74257 ~~u:eituaee QueKUe ^- Saxatog~a, Cll ~ 95U7U Apri18, 2002 C~ Saratoga City CouncIl 13777 Fruitvale Avenue Saratoga, CA 95070 Dear City Council Members, /A~F R~1 ? 2CC2 1~."-~ We aze very disappointed in the discussion to remove the large oak trees at the Heritage Orchard. 1~S There are several reasons why some of these oak trees should not be removed. We need at least one to three oak trees in the orchazd to pazk the pick up under with the boxes of ripe fruit in the month of July on very hot days. The shade of the oak trees helped the apricot trees to be cooler on very hot days. They aze also places for workers to eat their lunch in the shade. I know that some of the trees were in the way of the apricot rows. The ones that areiin line with the apricot trees were fine to remove. Our family has been taking caze of the orchard for over twenty years and we love to see the trees and the open space: We hope you will reconsider and leave at least three of the big oak trees in the middle and each end of the orchard. We are working every year to make the orchard look good. We know all the decisions have been made, but you have the power to change them, too. We hope you will work with us for everyone's benefit. Also, we think we should have been notified before these decisions aze made about the Heritage Orchard. You should tell the neighbors and people of Saratoga what you are going to do before you do it. They might have a different opinion. Everyone should be heard. Thanl: you for your attention. - Sincerely, ~ ~ ~ ~~ ~, ~[ H' ~{~ Leah Novakovich P.S. 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'-~~ 0...!ioJ.• W 00 O ^~°000 ao0o• Qooi. ~,,, P~ ~~~::~~- u •JOgO 00000 ~00000~/ o~~ ~~ ~. ooa Oe• u OOEO e•o0e0oe0ooo~0< ~ // `po0e• > 00 o ppo00poaopoa0o ? ~i ~~ oe• U aO O QOOOQe0000000°;O ..~' // ~~ a o0a~ opo00o• 00 oQoo~OQ.o~. o` iia~ iooo~0oi00oii~0oC.JWOo`aoo?,t~a~'~ •e OoOORo 0o0o0000000 0 o,COnj?4' J ~ -~ -c OOOCU0000 ppOoO~o~ ynOlJ . ~'~ ~--:• ,~..i0000 OoOCO O~~ Vp ~ 1 ~0000p 000 o000cee •-a•av 0000 0000000o0ee•a~• ~ _ ~~ 00 .~0000000'r'=e•aa• ~ ~~~ Ooo o0000000o0o.•art „~s, ~~ 0 0 0 0 00000 0..! •'•. .e 0 0000000.0• . 0,000000••.~~a• ~ ~•• OOCOOOo•e•;I~,~a,• ~~> ooooo..•r •..a Ooo~~e~•I~ee•• ~• W O. •eeee•~e.• r`a ~e ~ '~' G••• ••.•ss,• ~a ~~11 W 316 jeee a ~•~•.• rY •~••• •1111• yy ~i ••~• •/elleee 4 • •e..•ee.e N •.s1.e.eeee •..•eeeeeee• ~o.ae.ee.e• •ee.eee. e.eeee• •.. ~~--, v x Dave Anderson ~ From: Dal Allan [endlcom@acm.org] Sent: Tuesday, April 23, 2002 12:46 PM To: Dave Anderson Cc: waltonsmith@attbi.com Subject: oak_trees_OK Hi Dave, Ann Walton-Smith has provided me with a plan of the orchard, showing which trees are to be removed. My defense of keeping the oaks was based on the invalid premise that some along the creek were being removed. It would have been sensible of me to have researched the facts first instead of jumping the gun by assuming that the report in the Saratoga News was accurate. I have no issues with the oaks being removed from the body of the orchard, as they are volunteers which should have been disced over or otherwise removed when they first appeared. seing amongst the orchard trees means they get watered during the summer so these oaks are at risk from root fungus or other diseases which will kill them eventually anyway. Taking the time and effort (and funds) to relocate six of the oaks into the Fruitvale center strip and the Gateway are to be applauded. when the subject comes up on the agenda on May 1, you can list me as supporting the plan put forward by the Heritage Committee. Thanks, Dal C~ ~ c ~~,~ C ~„ ~: 0 Iv 1 Dave Anderson From: Ron Rossie [rlrossie@postoffice.pacbell.net] Sent: Wednesday, April 24, 2002 10:56 AM To: waltonsmith@attbi.com Subject: re: Position on Oaks in Orchard Thank you for taking the time to document your position in a well thought out paper on the orchard and the oaks. I am impressed with the time and effort you and other council members and our city manager have taken to respond with well organized responses to the e-mail I and others wrote on the orchard. I agree with your assessment. I was pleased to read that Stan Bogosian shared your ideas as well. Right now 2 wouldsay that city government is working in Saratoga and citizens concerns are being addressed in a most open hearing. Thanks again, Ron Rossie 19607 Kenosha Court ~, CE.~`SZC,u/ APR 2 5 2~~2 Imo, Mitchell 22101 Mt. Eden Road Scrnatoga, CA 95070 408/867-3373 April 20, 2002 City Council Saratoga, CA 95070 Dear Council Members, C'~ • ~~ ~~A,,,,P~~R 2 5 200~~~ V~ "EZever coast oaks miZZ be removed from the Citz~ Orchard" When I read that ominous headline on page 11 of the Saratoga News of•April 10 I assumed it was yet another casualty list being added to the ever increasing score of the Sudden Oak Death epidemic. But now, after reading on, I learn the trees in Saratoga°s Heritage Orchard have been condarrDled not because they are diseased; which they are not, but rather simply because they have been deemed to be in the wrong place, In other cords, they are to be treated as lowly weeds, a '"weed"' being defined as any plant in the wrong place. This all cane about when the Decision Makers decided shade trees detract from the orchard"s "professional" look, rendering it less than authentic. Well, I can ranember when I was a very small boy earning my own "spending money" ~wrking in these same orchards, and it is not the sticky-sweet of the prune trees I rananUer so fondly, but rather it is the relative coolnes of the shade trees that made my job bearable, Those orchards were professional orchards, too, believe me; world-wide pro- fessional orchards, and nobody thought otherwise of them because a-few of the trees provided cool, refreshing shade instead of just hot fruit, And it`s obvious those great trees, or their ancestors, were natives here long before cherry, apricot, or prune trees appeared on the scene. To sacrifice any one of than now in favor of the latter is akin to a slap in the face of the history and heritage of this valley, Nay, let the shade trees stay, I say; they are, indeed, authentic. Sincerely, ~ ~ ~~ ,~ Rowland Mitchell I..J • Ann Sullivan rom: Marcia Fariss [Marcia@Gizmology.com] ~ent: Thursday, April 25, 2002 5:51 PM o: City Council Members Subject: orchard tree removal Mayor Streit, City Council Members, After obtaining accurate information and therefore a more thorough understanding of the reasoning behind your approving removal of non-orchard trees from the Heritage Orchard, I felt reassured that you had the Orchard's best interests in mind. However, Sazatoga's City Staff and Officials developed strict tree removal codes in order to discourage residents from azbitrarily removing mature trees from their own private property. In support of those codes as well as preservation of the Heritage Orchard, I urge you to seriously consider re-locating as many of the mature trees as possible. Simply removing the oak and fir trees is not only counter-productive, it suggests that while homeowners must comply with Saratoga Tree Removal Codes, City Officials are exempt. Therefore, I request that you remove only those trees which actually threaten the viability of the Heritage Orchard; once removed, all viable oak and fir trees should be re-located throughout our City. One last suggestion: It is likely that many residents (who have not followed the discussions regazding the tree removal) will be outraged hen they discover that mature trees are to be removed from the orchard. In order to stem a possible onslaught of protests, I suggest that an explanatory letter be written for for publication in the upcoming issue of the SARATOGA NEWS. Thank you for considering my suggestions. Mazcia Fariss I~sF ~~ • ~ Subject: Date: Mon, 22 Apr 2002 20:14:00 EDT From: MACnJEAN@aol.com To: waltonsmith@attbi.com Dear Councilwoman Waltonsmith, Thanks for your e-mail. We don't know who you have been hearing from about saving the oaks, but we sent our e-mail only to City Council, HPC, and a couple of people who worked closely with us on saving the orchard who we thought should know what we are doing. We did not even send it to the Saratoga News. Be assured we have not "called out the troops," so to speak. Having said that, we now reiterate what we wrote in our e-mail to-you at CC last weekaE"i.e., we consider the removal of the oaks a fait accompli. Our real concern is the issue of a barn that would require removal of still more trees. You did not address that issue, nor has Councilman Streit responded. As stated previously, the new library is our educational facility. We strongly oppose anything larger than a small shed. A large additional buildingaE"once it's thereaE"might very well be turned into something else if someone contends it's not used enough. As for having an educational venue, please remember that we personally addressed CC long ago, pointing out that many people who voted on the City's survey to support. (and we quote) "the Heritage Orchard's use as an active educational orchard/garden?" did so because the choice was that, or the next question, ".....public recreational facility for organized sports?" We are happy to be among the "strong group of protectors for it" (orchard) as you stated, but we are very busy with other matters and would have preferred not to get into this again. People do believe they nave a right to know that the Historical Resolution means what it says, in eereetuity, not subject tc "political" machinations. .Otherwise it's just a meaningless piece of paper. As for the 3 groups of Saratogans you describe, we suggest there is a 4th - people who love the orchard, who approvedwholeheartedly of the library expansion, but who want to be assured they don't have to keep fighting to keep t'ie fruit trees from being "nibbled away" (by future projects). ?lease know, Ann, we consider you a friend of the orchard and acpreciate a'_! that you have done to preserve it. _ Perhaps you would like to share this e-mail with Councilman Bogosian since h.e is the only other Council member who has so far responded to us, and we consider him a friend of the orchard also. Cerdially,.Mac and Jean Barrick Cathleen Boyer From: BettyPeck@aol.com Sent: Friday, April 26, 2002 10:48AM To: Cathleen Boyer Subject: Oak Trees Dears, Please leave all oak trees along the creek as God intended. However the orchard needs to be an orchard with only fruit trees. Thank you for your interest in Historic Saratoga. Blessings, Betty Peck ~aa tio~~ o i SARATOGA CITY COUNCIL MEETING DATE: May I, 2002 ORIGINATING DEPT:. Community Development PREPARED BY: Thomas Sullivan, AICP AGENDA ITEM: CITY MANAGER: ~~~ DEPT HEAD: SUBJECT: Single Story Overlay for Brookview and Saratoga Woods Neighborhoods RECOMMENDED ACTION(S): Provide Direction to Staff regarding re-polling individual property owners that did not respond to the first polling. REPORT SUMMARY: The Planning Commission's action minutes indicated that staff had been directed to not only prepare the draft ordinance and advertise for a Public Hearing, but to also re-poll the property owners who had not previously responded. For this reason, Council Member Bogosian and Mayor Streit requested that this item be placed on the agenda for discussion. FISCAL IMPACTS: None CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): '\ one ALTERNATIVE ACTION(S): N/A FOLLOW UP ACTION(S): Implement City Council direction and inform the Planning Commission of that direction. ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: . SARATOGA CITY COUNCIL MEETING DATE: May I, 2002 AGENDA ITEM: ORIGINATING DEPT: Community Development CITY MANAGER: O~~ PREPARED BY: Thomas Sullivan, AICP DEPT HEAD: SUBJECT: Sound Wall/Fence Guidelines -Referral to Planning Commission RECOMMENDED ACTION(S): Staff recommends the City Council Adopt the attached resolution directing the Planning Commission study and report back regarding amending the Section 15-19.020 (f)(4) to include the same provision as is found in Section 15-29.010(3)(h) relating to mitigating adverse visual impacts. REPORT SUMMARY: l~he following Zoning Ordinance sections are applicable to the discussion. Article 15-19.020 (f) (4), Screening, landscaping and fencing, sets forth the authority for the Planning Director to require the installation of a solid fence or wall up to eight (8) feet in height along an}' property line that abuts a residential district, upon the determination that such fence or wall is necessary to mitigate noise or adverse impacts of the commercial activity upon the residential use. Article 15-19.020 is the General Regulations portion of the Commercial Districts of the Zoning Ordinance. Article IS-29.010(3) (h), Fencing adjacent to commercial districts, sets forth the authority to issue a special permit to allow the construction of a fence up to eight (8) feet tall along a rear or interior side yard of a residential site which abuts a commercial district. The section also allows the Planning Director to impose such appropriate conditions to mitigate visual or other adverse impacts of the fence, including design and materials of the fence and landscape screening. "fo ensure that future sound walls mandated by Article 15-19.020(f) (4) are also reviewed and conditioned to mitigate visual impacts, the tenets of Article 15-29.010 (3) (h) need to be amended into the General Regulations portion of the Commercial Districts Zoning Ordinance provisions. FISCAL IMPACTS: The City will incur minimal cost to conduct Public Hearings before the Planning Commission and City Council. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): Mandated sound walls will be functional but not necessazily aesthetically pleasing, ALTERNATIVE ACTION(S): 1. Leave the ordinance as it is because the intent is to mitigate noise emanating from commercial areas. 2. Develop development standazds for all sound walls as a separate stand alone document. FOLLOW UP ACTION(S): Prepare an ordinance amendment, conduct a public hearing before the Planning Commission and bring back to the City Council their recommendation. ADVERTISING, NOTICING AND PUBLIC CONTACT: The agenda for this item was publicly posted. ATTACHMENTS: 1. Article 15-19.020 (f) (4) of the Saratoga Zoning Ordinance 2. Article 15-29.010 (3) (h) of the Saratoga Zoning Ordinance 3. Draft City Council Resolution giving the Planning Commission direction ~ ~f~ ATTACHMENT 1 15-19.020 General regulations. Page 2 of 3 detectable beyond the boundaries of the site, or creates a hazard of fire or explosion. (3) Any use involving drive-through service, such as restaurants and financial institutions with ' drive-through windows. (4) Any use involving automotive body work, such as collision repair, painting, dismantling or customizing. (5) Mini-storage facilities. (6) Outdoor sales or storage of motor vehicles. (d) Location of building sites. The average natural grade of the footprint underneath any structure shall not exceed thinly percent slope, and no structure shall be built upon a slope which exceeds forty percent natural slope at any location under the structure between two five-foot contour lines, except that: (1) A variance pursuant to Article 15-70 of this Chapter may be granted where the findings prescribed in Section 15-70.060 can be made, and (2) An exception under Article 14-35 of the Subdivision Ordinance may be granted where the findings prescribed in Section 14-35.020 can be made. (e) Yards. No use shall occupy any required yard, except fences, walls, hedges, landscaped areas, walks, driveways and parking areas. No required yard shall be used for a loading area or for storage. (f) Screening, landscaping and fencing. (1) Where a site is adjacent to an P,, R-1, HR, R-M or P-A district, a solid wall or fence six feet in height shall be located along the property line between the two districts, except in a required front yartl, and an area five feet in depth adjoining such properly line shall be landscaped and permanently maintained with plant materials suitable for ensuring privacy, screening unsightliness and insulating adjacent properties against noise. (2) Open storage of materials and equipment shall be permitted only within an area surrounded and screened by a solid wall or fence (with solid gates where necessary) not less than six feet in height; provided, that no materials or equipment shall be stored to a height greater than that of the wall or fence. (3) All outdoor trash containers and garbage areas shall be fully enclosed by a solid wall or fence and solid gates of sufficient height to screen the same from public view. No trash or garbage containers shall be placed or kept within twenty-five feet from the property line of any site occupied by a dwelling unit. An owner or occupant of a commercial establishment shall comply with the requirements of this subsection within sixty days after receiving a directive from the City to do so. (4) Notwithstanding any other provision contained in this subsection (f), the Planning Director or the Planning Commission may require the installation of a solid fence or wall up to eight feet in height along any property line that abuts a residential district, upon a determination that such fence or wall is necessary to mitigate noise or other adverse impacts of the commercial activity upon the residential use. In the case of an existing commercial development, such fence or wall shall be installed within sixty days after the requirement is imposed by the Planning Director or the Planning Commission, unless a longer period of time is allowed by the Director or the Commission by reasonof extenuating circumstances, including, but not limited to, the installation cost of the new fence or wall, or the value of any existing fence or wall to be demolished, or the cost of removing any existing fence or wall. (5) Required pedestrian open spaces, front yards and side yards, and not less than fifteen percent of any parking lot area, shall be completely landscaped and permanently maintained. (8) No credit shall be given against any landscaping or open space requirement imposed by this Article by reason of adjacent public parking facilities or public rights-of-way. Q) Whenever screening or landscaping is required by the provisions of this Article, or as a cendition of any project approval, the owner or occupant of the property shall keep and maintain such screening and landscaping in good condition and repair. (8) Except as otherwise provided in this subsection (f), fences, walls and hedges shall compy with the regulations set forth in Article 15-29 of this Chapter. http://www.bpcnet. corn/codes/saratoga/_DATA/TITLE 15/Article_ 15_19_C_COMIv1ERC... 4/23/2002 ATTACHMENT 2 15-29.010 Height restrictions. Page 1 of 1 Chaffer 15 ZONING REGULATIONS Article 15-29 FENCES. WALLS AND HEDGES 15-29.010 Height restrictions. (a) General regulation. Except as otherwise specified in this Article, no fence or wall shall exceed six feet in height. (b) Front yards and exterior side yards of reversed corner lots. No fence or wall located within any required front yard or within any required exterior side yard of a reversed comer lot shall exceed three feetin height, except as follows: (1) A fence or wall lawfully constructed prior to March 20, 1987, may extend to a height not exceeding six feet, if such fence or wall does not create a safely hazard for vehicular, pedestrian or bicycle traffic and does not obstruct the safe access to or from adjacent properties; provided, however, that upon the destruction or removal of more than one-half of the length of such nonconforming fence or wall, any replacement fence or wall shall not exceed three feet in height. (2) Wrought iron entrance gates, designed with openings to permit visibility through the same, may extend to a height not exceeding five feet. (3) Safety railings that are required by the Uniform Building Code shall be excluded from the height requirements of this Section. (c) Street intersections. No fence, wall or compact hedge located within a triangle having sides fifty feetin length from a street intersection, as measured from intersecting curblines or intersecting edges of the street pavement where no curb exists, shall exceed three feetin height above the established grade of the adjoining street. (d) Recreational courts. Fencing around recreational courts shall comply with the regulations contained in Section 15-80.030(c) of this Chapter. (e) Pilasters. Pilasters constituting a part of a fence, in reasonable numbers and scale in relationship to the nature and style of the fence, may extend to a height of not more than two feet above the height limit applicable to the fence containing such pilasters. (f) Light fixtures. The height of a fence shall not include light fixtures mounted thereon at the entrance of driveways and sidewalks leading into a site. Not more than two such light fixtures shall be installed at each driveway and sidewalk entrance. (g) Retaining walls. No retaining wall on a hillside lot shall exceed five feetin height. (h) Fencing adjacent to commercial districts. The Planning Director may issue a special permit to allow a fence up to eight feetin height where such fence is installed along a rear yard or interior side yard of a residential site which abuts a commercial district. The Planning Director may impose such conditions as he deems appropriate to mitigate any visual or other adverse impacts of the fence, including, but not limited to, requirements with respect to the design and materials of the fence and landscape screening. Applications for a specal permit under this subsection shall be filed with the Planning Director on such form as he shall prescribe, and shall be accompanied by a processing fee in such amount as established from time to time by the City Council. (Amended by Ord. 71.86 § 1, 1991; Ord. 71-106 § 6, 1992) u http://www.bpcnet.com/codes/Saratoga/_DATA/'TITLEIS/Article_15 29 FENCES,WA... 4/23/2002 ATTACHMENT 3 RESOLUTION N0.02-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA INTITIATING PROCEEDINGS TO AMEND THE ZONING CODE OF THE CITY OF SARATOGA WHERE AS, the Planning Commission of the Ciry of Saratoga is responsible for making recommendations to the City Council of the City of Saratoga with respect to proposed amendments to the zoning code of the City of Saratoga; and WHERE AS, the Planning Commission is requested to initiate a Study to consider amendments to the zoning code with respect to visual impacts of sound walls along property lines between Commercial Districts and Residential Districts; and WHERE AS, this matter was considered at a duly noticed public meeting on May 1, 2002, at which time all members of the public were afforded an opportunity to comment on the initiation of these proceedings. NOW THEREFORE, BE II RESOLVED that the Planning Commission of the City of Saratoga is hereby directed to initiate proceedings to consider amendments to the zoning code for the City of Saratoga for the City of Saratoga with respect to the aesthetics of noise mitigating walls mandated by the provisions of Article i5-19.020 (f)(4) of the Saratoga Zoning Code. The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on May 1, 2002 by the following vote: AYES: NOES: ABSENT: ABSTAIN: SICK STREIT, MA~'OR ATTEST CATHLEEN BOYER, CITY CLERK ~J SARATOGA CITY COUNCIL MEETING DATE: May 1, 2002 ORIGINATING DEPT: Public Works PREPARED BY: I ` AGENDA ITEM: ~'~ CITY MANAGER: O~L~--L'-^ DEPT HEAD: SUBJECT: Proposal for Implementation of a Chemical Marker System to Trace Sources of Storm Drain Pollutants RECOMMENDED ACTION(S): Approve proposal from Bay Bioanalytical Laboratory, Inc. in the amount of $24,500 to provide professional services for Implementation of a Chemical Mazker System to Trace Sources of Storm Drain Pollutants and authorize the City Manager to execute a Professional Services Agreement for the same. REPORT SUMMARY: Backeround As part of the continuous effort of the City to keep local creeks clean, City staff periodically collects samples from storm drains and creeks. Test results of samples collected along part of Saratoga-Sunnyvale Road revealed high level of bacteria. The type of bacteria (fecal coliform) indicates the highest possible source of contamination is the sanitary sewer system. One or several flow paths may exist between the two systems causing storm water and ultimately creek water pollution. To identify whether a direct flow path exists from sanitary sewer to storm drains, a chemical marker method will be utilized. A number of unique chemical markers will be introduced at different potential sources of pollution. After that, samples will be collected downstream at the specific location at prescribed time intervals.. Only safe, water soluble, relatively stable chemicals will be used for this purpose. The samples will be analyzed for presence of introduced markers to determine sources of pollution. Whole process can be repeated to further localize actual sources. a Discussion The City staff .prepared Request for Qualification to provide professional services for implementation of a chemical marker system as described above. This request was distributed to 27 environmental engineering companies. Only two companies responded, as follow: 1. Bay Bioanalytical Laboratory, Inc. $24,500 estimated cost 2. Kleinfelder, Inc. no estimate provided . After careful consideration and comparison of submitted statements of qualification, Bay Bioanalytical Laboratory, Inc. has been selected as the most suitable consultant. The company's proposal package illustrates extensive experience in tasks exactly needed for this project. They can provide at least seven unique, commercially available, and safe chemical markers. In addition, the company's laboratory includes special equipment, mass spectrometer, needed for detecting very low concentrations of chemicals in solutions. Field work, including adding provided chemical markers to sewer drains and collecting samples from storm drains, is not included in the proposal. This portion will be performed by the City staff and. carrier services will be used for delivery of samples for analysis. Procedures for sample handling in the field will be provided by the consultant. FISCAL IMPACTS: Funding for this project is programmed in the adopted budget in Program 5015 (Storm Water Management), Account No. 4013 (Engineering Services). CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): The proposal would not be approved and the project would not move forward at this time. ALTERNATIVE ACTION(S): None in addition to the above. FOLLOW UP ACTION(S): A professional services agreement will be prepared by staff and executed by the City Manager. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ~~ ATTACHMENTS: 1. Proposal for Implementation of a Chemical Marker System to Trace Sources of Storm Drain Pollutants, by Bay Bioanalytical Laboratory, Inc. dated March 7, 2002 (condensed version). 2. Request for qualification to provide professional services of a Chemical Marker System to Trace Sources of Storm Drain Pollutants, dated January 11, 2002 (detailed package). ~~ Proposal: L- Implementation of a Chemical Marker System to Trace Sources of Storm Drain Pollutants Scope and Estimate Scope The objective of the proposed project is to trace the sources of storm drain pollution using polyethylene glycols (PEGs) as chemical markers. PEGS are safe, water soluble, inexpensive and stable compounds. An analytical method will be developed to evaluate the analysis of seven commercially available PEGs (molecular weights: 200, 300, 400, 600, 1000, 1300, 1450). At least two of these PEGS will be selected for further evaluation and analysis. Procedures for sample-handling in the field will be identified. Up to 20 field samples will be analyzed. Part I Method Development Develop a rapid qualitative analytical method for detection of PEGs at extremely low concentrations. Develop field sample-handling techniques. Sample prepazation may include a concentration step using solid phase extraction (SPE). In the laboratory, demonstrate the ability to concentrate, recover and analyze two typical PEGS (e.g. molecular weights: 600 and 1450) spiked at levels of approximately 100 parts-per-billion (ppb) in water. An unspiked water sample will be analyzed as a control. Part II Analysis of PEG in Creek Water A sample of Saratoga creek water will be collected. Background interference (if any) of unspiked creek water will be assessed. One PEG will be selected for ease of detection and lack of background interference. The ability to concentrate, recover and analyze this PEG from spiked creek water will be demonstrated. Part Ill Analysis of Field Samples "test the mcthod at a known or suspected location by adding a selected PEG-marker to sewer water. Collect field samples of creek water at selected locations. Prepare and analyze up to 20 licld samples. Collection time and place to be determined. Cost Estimate: $24,500 Prepared By~G~/' ~~~ Dater ~ ZDaZ Robert L. Cunico, President - BAY BIOAIYALYTICAL LABORATORY, f1YC. • 551 A Linus Pauling Drive, Hercules, CA 94547 Phone: (510) 724-8052 • FAX: (510) 724-8053 • email: chemists@baybiolab.com ~~~ Request for Qualification Proposal January 11, 2002 Subject: RFQ to provide professional services for implementation of a Chemical Marker System to trace sources of storm drain pollutants. Prepared by: Robert L. Cunico, President and Principal Scientist, Bay • Bioanalytical Laboratory, Inc. Prepared for: John Cherbone, Public Works Director, City of Saratoga 6AY BtOAIYALYTICAL LABORATORY, IIYC. • 551A Linus Pauling Drive, Hercules, CA 94547 Phone: (510) 724-8052 • FAX: (510) 724.8053 • email: chemists@baybiolab.com Request for Qualification ,:_. _ Proposal _ _ ..._ _. 1. Background The background of Bay Bioanalytical Laboratory, Inc. (BBL) and key personnel are provided as exhibits A-F attached to this proposal. Exhibit A is the BBL corporate newsletter and contains our corporate profile. Exhibits B-E are resumes. One of our chemists (resume not provided) worked for the EPA as a student intern monitoring water and wastewater quality for biological and chemical pollutants. Exhibit F is a copy of a book cover titled "HPLC and CE of Biomolecules". One of the book's authors is BBL's Principal Scientist; this book is currently used as a text at several Universities including UC Berkeley Extension. 2. Related Experience BBL specializes in custom methods development in the area of analytical chemistry. Although we are not an environmental laboratory, our relevant experience includes detecting very low concentrations of various chemicals in solutions including complex matrices such as blood. For example, we have recently developed a method to detect afat-soluble vitamin in blood at part-per-billion levels (approximately 50 picograms/mL). We have worked for over 100 clients in the San Francisco Bay area; however due to confidentiality restrictions, the names and phone numbers of current clients can not be provided at this time. The following previous clients can be contacted for recommendations: Mark Hanamoto (650) 593-5088 Dr. Dan Mufson (707) 254-1201 Dr. Bez Khosrovi (510) 232-1986 • Page 1 of 5 3. Feasibility Study Based on the stated requirements of the feasibility study, we propose the following: General Recommendation: In general, the class of compounds best suited to your problem would be synthetic water soluble polymers known to be safe. An alternative would be a stable isotope-labelled naturally occurring compounds. There are many other classes of chemical compounds suitable for this project; for example, peptides, DNA, phosphothioates. Specific Recommendation: Polyethylene glycols (PEGs). PEGs are synthetic polymers of the general chemical formula HO-(CHZCHZO)n-H. The size of the PEG can range from a few hundred to tens of thousands units. They are extremely water soluble, safe, inexpensive, commercially available, stable and easily analyzed. PEGS are water-loving (hydrophillic) uncharged polar molecules. Requirement 1. PEGS pase no significant hazard to personnel PEGs are included in the FDA inactive ingredients guide and are approved for use in pharmaceutical injections, opthalmic preparations; and oral capsule formulations. The WHO has set a daily acceptable intake of PEGs at 10 milligrams per kilogram of body weight. For example, an average adult weighing 75 kilograms could safely ingest up to 0.75 grams of PEGS per day. During ora] administration of PEGS (used by patients undergoing bowel cleansing) patients consume up to 4 liters of PEG-containing solutions. Thus, PEGS are recognized as safe for ingestion in fairly large quantities. BBL staff has extensive analytical experience with PEGS. Requirement 2. There must be at least 20 unique chemicals Of the class of PEGS, at least 10 unique types are immediately commercially available and hundreds of other types can be produced by custom manufacture. Several hundred combinations suitable as chemical markers could be prepared by mixing the unique types in various ratios. For example mixing a PEG 1200 and a PEG 2000 would produce a unique marker. Commercially available PEGs are produced in very large quantities and can be purchased for approximately $25/kilogram. Page 2 of 5 -- Requirement 3. The chemicals mustbe stable for at least several days in the intended environment. PEGs are chemically stable in air and in solution. PEGS do not support microbial growth, nor do they become rancid. Thus, PEGS would be expected to be stable for at least several days in ground water.. PEGS are reported to degrade in waste treatment facilities and thus are not expected to persist in the environment for long periods of time. Requirement 4. The chemicals must not commonly be present in sewage or surface water. Given the ubiquitous nature of PEGs, there are undoubtably very low background levels present in sewage and perhaps surface water. The type of PEGs present should correlate with currently approved usage. Prior to any marking experiments, background levels of PEGS must be determined. If significant levels of any specific molecular weight of PEG are found, other PEGs could be selected as markers. In general, the presence of a particular nun-interfering PEG in the surface water could be used as a quality check to verify that samples have been processed correctly. Thus, a low background level of a PEG would probably not interfere during analysis and may be an asset. Qualitative Analytical Methods:' Requirement 5. Qualitative analytical methods must be available with detection-thresholds low enough to support the intended application. We are proposing to use a mass spectrometer (Figure 1) of the type widely used in the pharmaceutical business. The analytical capability of mass spectrometers has revolutionized the measurement of low levels of drugs in many biological matrices, particularly blood. These instruments are capable of fast, accurate, quantitative measurements of PEGs at extremely low concentrations. The instruments are designed to separate and detect molecules based on their mass. Since PEGS of various masses are available. they can be separated and analyzed on a single instrument. The instrument can easily detect 20 or more marker compounds in a few minutes (Figure 3). Page 3 of 5 Further, the proposed analytical method could use a concentration step whereby a water sample between 10 mL and 1L would be filtered through a small solid phase extraction cartridge (SPE) to filter and extract the PEGS from the water sample. The PEGS extracted on these cartridges can then be released with a small volume of an alcohol such as methanol, thus further concentrating the sample. For example, if a 100 mL sample of water containing PEGS were concentrated onto a SPE cartridge, then eluted with 1 mL of methanol, a 100-fold improvement in detection threshold could be achieved. This process can be performed in parallel as shown below. The photo (Figure 2) shows 20 SPE cartridges seated on a vacuum manifold. Water containing PEGS is drawn though the cartridges by vacuum. The extracted water is discarded and the PEGS are eluted into a small sampling vial, which can be placed in a robotic autosampler. Thus, after the samples are prepared (this can be done in the field) they can be analyzed by .automated equipment. All of this equipment is used daily in our laboratory and is commercially available. While it is possible to use this equipment in a mobile unit, the key field operation is sample processing not the analysis. In the San Francisco Bay Area, there are courier services operating around the clock to transport samples to laboratories such as BBL. Thus for a feasibility study; our recommendation is to train local technicians to collect and process samples which can then be sent to BBL for analysis. Desirable requirement: Quantitative analysis This instrumentation is quantitative, however the accuracy of the results is highly dependent upon the detection level. For the intended purpose, the quantitation possible with this method is as good or better than any competing technology. Proposal for Comprehensive field demonstration: Phase 1 Demonstrate, in the laboratory, an ability to concentrate, recover and analyze PEG 1200 at 100 parts-per-billion (ppb) i.e. 100 picograms/mL in spiked fresh water. Unspiked water will be analyzed in the same way as a control. Page 4 of 5 Phase 2 Repeat step 1 using water collected from a creek in Saratoga. This will measure the background interference (if any) and demonstrate the detection of a specific PEG marker in a realistic sample. Phase 3 Simulate a leak at a known or suspected spot by releasing PEG marked water. For example, apply 10 Liters of water containing SOOg PEG 2 at a test site. Collect a water sample from a creek at a point close to the simulated leak and at other selected locations or time points. Measure these samples. Given expected detection levels, the marker PEG can be diluted a billion fold and still be detected. if PEGs can be unambiguously measured in all three steps, the feasibility will have been demonstrated. The table below is an estimate of the costs involved. ~V ~SeO< /~ ~~ ~S~ 1 X0..1 ~ Cost Estimate rovided as har~- ~ro osai da--~-ed Step Deliverable Cost 1 Develop analytical 12,5 - 7,500 method for a typical PEG including SP _ 2 Demonstrate c ique $5,000 on spi field samples. 0 20 samples. 3 Analyze field test Set Up $1000 j samples +$100/sample The per sample charges for such analyses in the drug industry range from about $75-150/ sample. However, significant savings can be realized by collecting and running samples in a batch. The per sample analysis can be reduced to a significantly lower value if quantitation was not required and a simplified reporting scheme (such as +++, ++, + and -) was adopted. The per-sample analysis charge is unlikely to fall below $25/sample. This charge excludes sample collecting and field processing. 0 ( MgrCN~ C Page 5 of 5 Figure 1 API 3000 Mass spectrometer at Bay Bioanalytical Laboratory, Hercules CA BBL recently installed this Mass spectrometer capable of MS/MS measurements. BBL expects to have 3 mass spectrometers in place in 2002. ~~ Figure 2 Vacuum manifold used to process water samples. Up to 20 samples can be poured into the plastic funnels. The narrow neck of each funnel contains a solid phase extraction (SPE) material. This material is typically silica bonded with an a carbon-18 chain capable of extracting PEGs from water. A vacuum can be applied to the container below the funnels to speed the extraction process. Alternately, a syringe can be fitted with SPE material to make field collection free of devices needing electrical power. Figure 3 616.4 ~~~ ~\~ I' 1617.5 614.5 ~ ,~ 1161'8.8 ; ^; _615. ~ , a U C d 2. 3.4e7 906.6 3.Oe7 2.5e7 2.Oe7 ~k 907.7 'g i 1.5e7 ~ ~ d 1 Oe7 y ~ = . ~ I. ;908.7 5.Oe6 904.7 ,05.8' ',9~09'i7~ 0.0~ ~ ~ , 905 9t0 m/z, amu 3. 1. 1.OOe7- S.OOe6 - ~ 6.OOe6 - W c m 4.OOe6 -. 5 2.OOe6 - 616 m/z, amu 4. 2.3e6 2.Oe6 - 0 1.5e6 1.Oe6 S.Oe 5 0.0 1sas.1 n11546.2 ~''~ i II I !. 1 I i ~ X1547.3 i I I j 'V~ 9548.2 1544.3 t c n U .~ d c 6.9e6 1254.9 s.oes 1 '' i 5.Oe6 i '' 11256.0 t I ~' 4.Oe6 , I 3.Oe6 ~ ! I ' i. 2.Oe6 I ~ 257.0 I ~L/!~1 1.Oe6 4 I 1~,57:9~ 1253.0_,7253.9 - ~, m/z, amu 5. 6. 4.8e6 2ooss 2010.4 4.Oe6, 2242.6 , r, 4.Oe6 ~ 'I ? 224 .6I I ~ 3.Oe6 i (~ I 243.6 3.Oe6 i I ~ 2011.5 ~ ~ I ~ ~` , I I H 2 Oe6 -~ I 2.Oe6 ~LL ~t012 5 C m ~ . ' . ~ 22g4I6~ I ' ' . 1 2ph3~,5~ ~~ '~. 0.0 0085 0.0 239.6 2010 2240 2245 m/z, amu m/z, amu m/z, amu Sample I.D. Expected Mass (amu) Found Mass (amu) 1. PEG600 616.46 616.47 2. PEG900 906.67 906.70 3. PEG1200 1254.93 1254.89 4. PEG1500 1545.13 1545.15 5. PEG2000 2010.47 2010.45 6. PEG2200 2242.64 2242.60 Actual mass spectra obtained using various sized PEGS dissolved in water. The PEGs are identified by mass. The concentration of PEG is proportional to peak height or peak area. Year 2001 A Contract Analytical Laboratory INSIDE ~, ®~~~:~; ~. •: ~r ~,~ 3'J 68 Optimize Sensitivity in LC-MS Assays with Capillary Columns Page 3 BBL Corporate Profile Page d "'~' Vertu ~\• ~ ~ ~- tip., fian(i«~~~ ~~ ~• -~ ~• ? 4y: - I ~•~. .~ i ~'" s~ t® .~®tr.1~} ~~ ` I~EI~ l~:13 )e'® a", ~ 6s j I~~...~..t.w. ~i3S'°° ~n(~ Alb= ~~ ,-, ~. v~ . -~.tiw.,,, ~ _ ~• .~ ,rr ,~ 7 ~ a~} r ii 3: w~ ,Z. 2y+.a *.e:•'.t$ •t fl~.. ~ l~, .sr~ •a ~~ '. view I~bv~o~ory h~~ bee~~ consirucie(1 in Ipe ret2n~N ape^eG No~~^~~ex' e~os_~e'ue5 ~nu~~iV IOLo'ao -a•~r. -' Be~kelev ~^- Hey: u!es BRl is a tenant ~r the Nc~; r,~~ev. `ac1n, t2f31. Completes Rrlctcnti<tn ut a \c~c Facility in Hrrculr.. (:~. lhr nr<~' lahurautr) «'a> <lrsiknccl ht (nc~\\~~n~ of Fr:nr„a. Furhr.. and \V~tmg. ~tntcntrtl Engineer. «~ith input ~~rum l3Bl. ~etff.:An impressit'r aaprct ctf tltr lahurat~n'c i~ ~nir cic~\ ui the ~urnumtlin;: ~.ut I'ahlu 13a}'. tiunuma hilh an<I \lt 'I:utt.tll~i.t. ~un.ct. c:ut he aunnin~; .inJ hircl ~ightin~. ht uut' staff inclutlc Kctl t.ulcJ H,nc4~..\\ hire-t.tilc•tl hitc~ ( .ut:ula (.c<•x• :uul a 131uc I lrrun .tl~ut~ ~~ uh tlurl.~ ,unl vest l:uul .ht>rchircl±. I;lil (clcltr;uc. 1cn-l car.lnnit~ r~.ir~. lh.tnk. to nicrral~ anal rnc~at hu>inr~. lilil. h:u beaten th< utfil~ hiuin~ the Itf ~c.n' ntarl..i~ .i <<n'It~~raUun in:\hril 3Uitl. In that tints. ~~c h,nc lx'~nitlctl .crci<c. t.. ~~~cr 11)U clicnt~ (t~rt> ccmtltanic> h.nc horn <licnt~ tin- ti ~c.u'~t liltl. hrc(cr> t~f c>tahli~h :uxl maintain Isms;-tcrnt Ixulc,~iunal rcLniun,hilt. «ith client> I lt1 lit.licction Kc.ult~ in tto tti; Oh~rnari„it~, :\ rcirnt in~pcctirm of lii3l. in ~rptrnthcr 3UUt) rcxtltrtl in a clc:ut imlx•ctiun report. l pia i> thr sc<'itn<I FU•1 insp<•<'tiun titr 1it31.:uul our staff ha, Ic:u'nc<1 h<m ttt ,[;n' currrnt «'ith (i~IP. and GI.Pa .c>Ur O:\ Itn,;.;ram cnxtt-ra the rette~\' :uul upeJate of pruer<htrc.. t'crificatitm er( eyuipntent prrtin'nauuc. anal cali<Sin~ of tl:ua in ixn' rcpurt~. I BBL Capabilities IND and NDA Subntzssion Support.• • HYLC, LC-A4S R GC Method PK Study Sample Analysis Tox Dosing Sample Malysis Development S Validation Formulation Assays • Stahiliq Studies Product Characterization Analysis of Trace Contaminants Other Instrumental Services: • \1\~ by Light Scattering Karl Fischer FTIR • CV-Vis Spectrophotometr}' Polatimetry Bioactic9n Assays Other Services: • Jcction ' (C\[C) Consulting Troubleshooting Training Local Expertise ~~ ith tour anahtical needy met at BBL, nest you may be looking for the help o[ a scientist in areas such as project mana;ement or rc~,ul:uon affairs. The following list of Bay Area consultanu is a set of experts who have been part of a core tram that has worked with BBf. on one or more projects over the Mars. We highly recommend their services. There is a more extensive list maintained by the Iiion?cdic;d Consulutnts Nencork. Gonuut BBL for information. GuJas fur nrerr~c nje.rperttse: Ptl Projecl binnq~ement; CNG L'henncn! Jfn)rufrrrturil{Q nud Go)ttrolc: RA 6'egu/nto~• affairs. j,E1/QC: R7.Y 7arrrolo~r: SOP 7erbnBzd rrriliag:.ll Ana(Ttirnl: P.~' Pon)ruyntinn n)td Product DEarlnpmE')tl: CL Clunca/ CatsulJaet ame, Degree Specialty Address Phone/fnx/E-mail ~• 3~~~ i~ P`~0 Ch1C, Al PO _Boz 219 Pilot Hill, (A 95664 9 i 6 933-0436 • fez 916933-0303 • RABidsti~coktom ----- -r e :' RA 4403 Glenwood Dr, Scotts Volley, CA 95066 4G8~461 1045.408461 1045 • fitzbjCcolmm - --- - °• ° - RA, QA;'OC, SOP 2540 Belmont Conyon Rocd, Belmont, CA 94002_ _ 650-533-5400 •'cr 650 S4' 1023 • KarenHcmme~aolcom " - Ph+, G1!C 3303 Hoskins Dc, Belmont CA 94002 656593 5088.656654-0893 • mhc~cmotoQworldret attnet ' - _---- - ' _ i OX i 50 Robin Way, lox Gatos, CA 95032 40E 356 3002.408 356-0316 • RHiiIHRA~col coin - RA, C:, ?"y Merin County, CA _ __ ?OX of 8~omole<ules 1563 Solcno Ave Ste. 152 Berkeley, CA 94707_ ~) P'd, CJJC, RA, FN 1877 Atlas Peok Rd._, Nopc, CA 94558 >... ' .. Ph! (5!C Ai 1340 Oddstad Blvd Pocihm, CA 94044 _' -- _ _ _. - -.- =r _' MAPS, (1C, iN 749 Anderson Drive, los_Ntos, CA 94024 ? ;', rA 83 Mcrinito Ave Sar Rafoel, CA 94901 _ r;! CMC 4133 chain Way Polo Alto CA 94306 415 332 34 i i • 415-332 3411 • ileej^~^ petbellnet 5165 27 ~~511 •rcx S 1 6528 6958.6enfinoCs'~nolcom 701-2541201 •107~254~1202.73152.232~compuserve mm 656551-0566.656557-0561 • boronreedCcolcom 6569491811 •656948-0525 • SanJersUdC~-'coLcom 415 4669867.415-4669859 • wsdev~'cokcnm 656493 9042.656493-2123 • ltokes~atrGb,c, net .. __ ___ )d.arien Weimeb 0~%GC, PJt. SOP S8 Visto del Sol, Mill Volley, CA 94941 415-3881695.415-388-1341 • gmpsms~eolcom Use of Capillary Columns to Optimize Sensitivity for In Vivo Pharmacokinetic and Toxicological LC-MS Assays Sant}~ic-lunited pharmacokinetic and toxicological studies require maximum sensitivity, minimal sample consumption and exceptional specificity which is why more and more in vivo assays are LC-hIS based. Choosing the right size column is essential to optimizing the sensitivity and fulfilling the sample requirrnxnts. For example PK work in small animals such as mice may result in only a fecv microliters of sample. Good sensitivin~ can be achieved on the mass spectrometer using capillary columns with ven small s:unplc cohm~es. Standard - i nun inner diameter QD) HPLC columns require flow rates which arc an order of magnitude larger than tha[ used many of the best LC-NIS interfaces, such as electrospra}.This reyuires splitting most of the s:uuplr to waste, which instantly reduces sensitivity. 'I'hc rcl:uivch new capillary columns (U.3 nun ID) reduce sample requirements and offer an additional level of xnsiti~ity through reduced chemical background.The technical difficulties related to these columns can hr eliminated given the right equipment and good troubleshooting skills. Using ~n1r yuadnlpole mass spectrometer, we recently had the opportunity to demonstrtte the performance• of the nr~r \'vdac ctpillary columns prior to product release. We used an Eldex Micropro s}•ringe pumping S~~stcm to drlicrr ~ 10 microliter/min gradient.The pump, designed specifirtlh~ for this application, includes a tlunn„sr.ttcd housing ur minimize thermal expansion and contraction which can affect tlow rates at these. lo~c Ic~cl~. l_n;rding 100 ng of sample in a 1 microliter injection, the signal-to-noise achieved was :lhl~n ~xim.ltch I i.t100 to I . giving a limit of detection of approximate)}' ?0 picogrtms on column! This im;~rc~~nc ~croiticitc would not he possible using ~15/y15 technologc because large prptide•s and small hn ~cin• tend to lark a uscfill frtgmcnt:uion pattern. Vydat 218M55.310 100 ng on column Bay Bioanalytital laboratory _ ~e t0 1147 6 if1SUiIf1 ~ ~ 524e5 • 0....:,,L=~T.-.,_ _..--- -------'• --- ~..._._. Time 2.00 a 00 6.00 8.00 10.00 ~ 12.00 '14.00 16.00 18.00 ~`:T~ , ~V, F3a~ Bloanal}2ieal Laboratory, Inc. (t3BL) was Fomtded in 1991 by Robert Cunico echo ha. Deer ?5 }'ear. of experience as ;tn anal}tica chemist and li gears experience in the biotech indusm. BBI. has sen'ed over I(NI clients in the Xnrth .4nterican phannaceuueal and biotech industries. BBL offers complete anal}tic:il senice~s for companies that require chemical and structural chartcteri~ation of drug whu:uues nr dole products. BBL hats a highl}° trained :md espcrienced staff that is able w derclop and ralidate ana~tic:il methods for c.>mprehemin lestin; \\e oper:uc under [tdl GLP/G)iP compliance, and h:u'e contributed to ma»c IVU; and S[)~.- Frequently Asked Questions about BBL Q. ~7tat kind of work does BBL do? 1. \~r tiecclop. calid;ue and run !il'LG, GC, and LC-MS methatLs primarily ft,r the phurm:tc'eutic:il industn: B'e bar°e developed [iPLC as.:m for nucleic acid>. rtrhohvdrtues, proteins, .md peptides. as ncll :~ >mall nu,lecule~ U~e have R 11PLCs that can be wnGgured yulh am rhr~~nr,ungrtphic mode. IIPLC detectors inc'lutle LR'-\1S, RI. Ilu~~rr-sense. Light Janterin, and ~Lcss Spectrometn. 11'e have , hararn~rvrd dnr; .uhsunce and dntg produce (or inclusion in ~~~ni,n: - uViC! ,~t the IA"U for secrral clients. U~e have separated .md Id:~nuGrd ingmritic. and degradation products BBL has ==.,~~~h,h~~d i~n~nmlatinm and pcrfonned 7abilin~ studies [or several ,hy~nl~ At:~ Layy~ :din druhgxd and run method. for hh.lnu.l.~d.ci~.n, mr;uurement.. :uul nnninelc test ntxicologird .L,,.~ _ .,,hro sir l). ~.~Ilmr mane people work al ftltl.? 1. ~ ~ _h„ ..r.~i~, d,~prndm~, up~nl the wnL load and number .. .. ..,,.~,, ~ o.~ri:~~r• ih~~ numb~•r n u.ualh helyycen t ~ _ ,..•. v;~i,~ ~auhn .m :ut.dwc;d chcnu.l yynil ~.m;r rrnn :uul Chinni Ur _ _... _. .. ., ~ .~r,r ~:nr~r "Ira n.l~ yyuh rncr _'u ye:v~ _ . ~.., ...i other rhenu~t. are I~~;tn ~huni •, ... ,, . j.,~ . ~~.,. 1~ ._ .end Ln~nmg )b~~m Q. ~F'here is BBL located? 9. BBL is located in Hercules. California iusl north of 13crkclev in the Vorthrierv Biosciences Building. \1e arc ~~ithin u I hour dries of most Ba}' Area businesses. Q. How much do y'ou charge for services? .A. hates ore set by the hour or hr the ~.unplc depending up,et ^ur client's request. Reduced rate: arc :n:tilahle nn a contrat bozo Q. How long have }'ou been in business? ~. \Fe Rare been in hu>inc<. for to ct-try titiL ina,rpnr:ucd in 1991 as a ~~C° a,rpumtiun in t:;difornia Q. Hate }'ou ever been inspected be the FUA? .4. }cs. 1381. ycta impccR•d in _~q,mmhcr ?uoll and h:gtpih n~~ nh.c•+z:uion.r,crr rcpnn~~d ru:~ L"~ R81 yya> pn~rnnnh in-t,yrlyd ut ~Ai;trch .d I`t`I-,uul rrr~~n,~,l :n ;yqm-yal Iruer .hard; ;Hier the cl.il Q. Uo you ohscrre Good ~t:uud~achtring :uul Good Labor:uon Practice. IGNP/1;1.11:' 1. },. (1. Uo you h:ne a per.on rrhu handle. the l1VQC 11nu'tiun' 1. }c. Two Facilities Under Une Roo? t). Ihd IlBI .Ind \IS nut,t;c' \ - ..~. ,. ......, .; AR. ^ryy fiu:~ur'Iti c> LK'ihfy n: Q. Rlw mould br the xhtd~ dirccun•~ .\. Pn:h.a:!•. .I \IS .l.dl nlrlnbcr "ni: um-rn.d ;unlu~ donne Ihi-.unl•, ~d h,ah VB .tad BRI. t~ \\il:u i~ the relationship? t i.!.. ~ +~ nn~lit•~d~ dcu~lnpnum and r:d:dau~m I,~r ~. . ~ .,:..I.•u, ,Ine,~ in pLt.ma ~Ir .arum SB yydl dc.ln ,in nl ~pecih~ prnulcul Par cyangdc. a _ . .I•.:I b~ pcrblrnted hr \B yulh .ample. ~,. ~r.tlh ,.on,~d iu BBL tin the ~cc:ntd Ilnnr L~r :.... • , Q. Hors r~-ill s:unples hr trackrtC' _1. ~;unplc~ e,lll he labeled. tr.te6ed .tad ~n~rcd ,u \B until Ihcy .tee ready (ur .tnaha. 'Ih~ .:mtpic, Hill ht~ Iclnd un'Ird n~ BI31 and lugged inns IiISL. .tacm yyuh d~~cunu•nl:unm Inmt AB Tlu~ -- e•cthh:hr> a th:un ~d iu.lndt Q. Do 1 bare to nntke two visits (u perform an audit? A. Ao, f3Bl. and \8 are cnnnnnteJ v, ~chrduling ri~ib ~~~ thal the b,VQC srdf Gom your annp:tm nccti ma4~c unh nor yUlt w a singer Ltcilin. Exhibit B Robert L. Cunico 2811 Beechnut Dr. Hercules, CA 94547 (510) 7 5 8-8115 5(W) _.. _ _ . (510) 758-8054 (FAX) ANALYTICAL CIIEMIST Qualified by over 24 years of experience as a research aztd methods development chemist with cutphasis in irtstnuucntal analysis of biontolecules. SCIENTIST-FOUNDER (1991-1996) Bay Bioanalyticat Laboratory (BBL), 4124 Lakeside Dr., Richmond. CA 9480G. In April 1991 BBL was incorporated in Qte stale of California as a business to provide consultation and contract analytical services to Ute Bay Area Biotechnology industry. BBL specializes in inswmental analyses of proteins, peptides and nucleic acids. Available meWodologies include HPLC, LC-MS, GC, capillary electrophoresis aztd optical spectroscopy. BBL has contributed data to Section 7 of six approved 1NDs. ASSOCIATE SCIENTIST ANALYTICAL DEVELOPMENT (198G-1991) Cetus Corp. (now Chiron), 1401153rd St., Emeryville, CA 94608. Duties included supervision of research associates who developed methods required for FDA approval of protein therapeutics. Specific projects included IL-2 (Proleukin), TNF, M-CSF, B-interferon (Betaseron), and PEG-IL2. Developed and validated clrromatographic, electrophorelicand specroswpic analytical methods. Have served as a beta test site for hvo major inswment manufacturers. ~A patent has been granted relating to novel spectroscopic methods to characterize biopolymers. HPLC APPLICATIONS CHEMIST (1982-198G) Varian Associates, Walnut Creek, CA. Dntics included development of biocltentical sepawtiorts, primarily of amino acids, peptides and proteins. Developed: spectroscopic methods for nwlticontponeut analysis of peptides; metitods and irrswmentation for semi-preparative analysis of proteins; refined post and pre colunm amino acid derivatization procedures. Co-developed a proprietary stationary phase for PTH amino acid separations. Researched and tested automated sample preparation schemes. Helped set specifications for new HPLC itrswmentation. HPLC TRAINING MANAGER (1979-1982) Varian Associates, Wahmt Creek, CA. Established training- courses far users of Varian liquid clrrorna[ograPhs and data systems. Wrote course materials and was primary inswctorof these courses. Taught over 500 students the basics of HPLC. FIELD APPLICATIONS CHEMIST (1977-1979) Varian Associates, Los Altos, CA. Served as tedutical support chemist for Western Region Service and Sales. Responsible Cor customer trabring and methods development on UVMS, Fluorescence, HPLC, Atomic Absorption and Data Systems. STAFF RESEARCH ASSOCIATE (1974-1977) University of California Medical Center, Sazt Francisw, CA Responsible for designing and completing studies of perculaneous absorption oC compounds and gases through the skin. Applied pharmawkinetic models to skin absorption. Desigttcd experiments to study influence of carbon dioxide on skin microbial growth. PHYSICAL LAB ASSISTANT (1972-1974) Lettenttan Army Institute of Researdt, Presidio, San Francisco, CA. After being drafted, tuns selected to begin original research ofphysical-chemical properties of human epidermis. Developed tluoresceatce-phosphorescence teclutiquewhereby rho strncture and chemical interactions of stratum wmeum wind be studied. Developed analytipl techniques for detection of microgram quantities of insect repellents. EDUCATION M.S. Chemise}'. Sau Francisco Slate University, 1977 B.S. Chemistry, Colorado Slate University, 1972 Graduate courses and continuing education at UCSF and UC Berkeley AWARDS AND ACHIEVEMENTS Received Ume Anuy Conunendaliou Malal, Ume highest non-combat award for original resa~rch. Awarded US patent #~t3785UU for improvements to a IIuorescence detector. Awarded US patent fi 525UI8G for HPLC light scattering detector for biopolymers. Invited speaker al 1985 ACS symposium on HPLC in biotechnology, 1992 ALEX and 1993 Pharnmammalvsis Conference AuUmored or co-auUmored over 2U papers. Presented technical materials at five hmtemational Symposia on HPLC of Proteins, Peptides and Polyuuclwtides. Developed course titled "High Performance Separation of Biomoleculcs" for U.C. Berkeley Eateaision. ASSOCIATION MEMBERSHIPS American Association for the Advancement of Science (AAAS) American Chenmical Society (ACS) Associatiou of Olrcial Analytical Chenvsts (AOAC) Califontia Separation Science Society (CaSSS) Contra Costa College Bioteclumology Teclumiciarm Programn, Advisory Board NorYlmem Califonria Pharmaceutical Discussion Group (NCPDG) Protein Society Exhibit C A. Victoria Gruhn 1607 Lincoln Ave San 12afael, CA )4901 (41.5) 459-8944 Anal,~ical Chemist Qualified with ten years of experience as an analytical chemist in a variety of laboratory environments. Experienced in methods development and instrumental analysis, specifically HPLC, GC, and CE. Good instrument troubleshooting and technical writing skills. Computer skills include knowledge of DOS and Lantastic Network, and applications software such as Microsoft Word, Excel, and WordPerfect. Education Q.S. Chemistry, UC Berkeley/SF State University, 1986 Professional experience 1979 (.rummer) Laboratory Technician, Rockwell-Hanford Nuclear Opemtions, Richland Washington. Assisted senior chemist in GC studies involving phase separations of cyclohexidine. Co-authored internal research paper. 1980 (s:~mrner) Laboratory Technician, Rockwell-Hanford Nuclear Operations, Richland Washington. Assisted senior chemist in ion chromatographic studies of Hanford nuclear waste. 19b'1 (.rummer) Research Assistant, Varian Instruments, Walnut Creek, Califomia. Evalution of prototype HPLC instrumentation. Specific evaluation of currently available electrochemical detectors as a potential product line. 1982 (.rummer+3mo.) Research Assistant, Varian Instruments, Walnut Creek, Califomia. Assisted in the evaluation of the computer interface for a prototype HPLC solvent delivery system. Documented user manual sections for prototype instrument. 983 (3mo.) Computer Operator, Molecular Design Limited, Hayward, Califomia. Entered organic chemistry reaction data into computer data base for eventual use in a commercially available library system. Duties required knowledge of organic chemistry structure and nomenclature. / 9,4-/-/9,4( (.i yrura•) Research AssistandRcscarch Associate, Analytic Metabolic Chemistry, Syntex Pharmaceuticals, Palo Alto, California. HPLC and GC methods development and application. Strict adherence to SOPS and GMP guidelines. Experience with radio immunoassay application. Duties required good organizational laboratory skills and record keeping, also some instrumental maintenance and troubleshooting. 1987-/991 (S years) Research Associate, Analytical Development Department, Cetus Corporation, Emeryville, Califomia. Development of HPLC methods required for FDA approval for separation and quantitation of proteins and peptides. Specific techniques included extensive application of SDS gels, isoelectric focusing, and Western Blot analysis. Co-authored poster presented at HPCE'9l titled ""Analysis of Proteins Using Chazge- Reversed Capillary Electrophoresis-A complementary Technique to Uncoated Capillaries" 1991 ~~re.rent Laboratory Director, Bay Bioanalytical Laboratory, Inc., Richmond, California. Part owner and co-founder of start-up analytical laboratory specializing in the instrumental analysis of biomolecules. Specific techniques include HPLC, GC, spectroscopy, CE, and Mass Spectrometry (Feb'95}. Develop, implement, and document HPLC methodology required for FDA IND submissions. Supervise the documentation and implementation of laboratory SOPS. Supervise employees performing HPLC development and routine analysis. Job requires good instrument troubleshooting, calibration, and maintenance skills. Co-authored poster presented at HPCE '93 titled "Analysis of Proteins Using Chazge-Reversed Capillary Electrophoresis-A complementary Technique to Uncoated Capillaries". Co-authored paper published in Mycologia 84(4) 1992 titled "Boletinellus Merulioides Alters Root Morphology of Pinus Densiflora Without Mycorrhizal Formation." References available upon request Exhibit D Margaret Moreland ' 1320 Evelyn Avenue Berkeley, CA 94702 510/525-4993 Education: BA Biochemistry 1970 Rice University Houston, Texas (cum laude) PhD Chemistry 1979 McGill University Montreal, Quebec, Canada Employment: 5/1994 -present Senior Scientist Bay Bioanalytical Laboratory, Richmond, CA Analytical and formulation research and development. Chazacterization and analysis of drug candidates. 1/1994 - 4/1994 Consultant in Chemistry, Computers, and Common Sense 7/1990 - 1/1994 Section Head, Analytical Chemistry Glycomed, Inc. Alameda, CA Analytical research and development including support for biochemistry and synthetic chemistry. Characterization and analysis of drug candidates including writing of IIJD reports. Compound classes analyzed include oligosacchazides, peptide analogues, terpene natural products. Supervision of Mass Spec, chromatography, and formulation scientists. 1989 - 6/1990 Scientist III Glycomed, Inc. Alameda, CA Characterization and analysis of complex carbohydrates by HPLC, GC, and Mass Spec, including methods development. Derivatization and modification of carbohydrates. Bioorganic chemistry. 1980 - 1988 Scientist Cetus Corporation, Emeryville, CA [Departments: New Ventures Research (1980-1982), Analytical and Synthetic Chemistry (1983-1986), Chemistry Research (1986- 1988)]. Development of analytical. methods for carbohydrates and for several synthetic organic compounds. Synthesis of reagents for protein modification, synthesis of enzyme substrates, stereochemistry of enzymatic reactions, enzymatic and chemical modifications of monosaccharides and polysaccharides, polysaccharide and glycoprotein chazacterization. 2/99 1974 - 1978 Teaching Assistant, Chemistry Department, McGill University 1971 - 1974 Medical Technologist, VA Hospital, San Francisco and Montreal General Hospital. Member American Chemical Society (Organic Division and Carbohydrate Division) Laboratory instrument experience prior to employment at BBL Gas Chromatography (HP and Varian, packed & capillary columns) HPLC (Waters, Gilson, Rainin, HP, Dionex; UV, RI, fluorescence, PAD, PED detectors) UV-Vis spectrophotometers (many) IR (Perkin Elmer, Beckman) Polarimeter (Perkin Ehner) Mass Spectrometers (Finnegan 4100, Finnegan ITD) NMR (Varian FT80a, Varian Gemini 300) pH meters Balances Margaret Moreland Publications and Patents Publications: C.A. Srnka, M. Tiemeyer, J.H. Giibert, M. Moreland, H. Schweingruber, B.W. deLappe, P.G. James, T. Gant, RE. Willoughby, RH. Yolken, M.A. Nashed, S.A Abbas, and RA. Laine. "Cell Surface Ligands for Rotavirus: Mouse Intestinal Glycolipids and Synthetic Carbohydrate Analogs." Pirolo~ 190, 794-805 (1992). K. Koths, R. Halenbeck, M. Moreland. "Synthesis of the Antibiotic Cortalcerone from Glucose Using Pyranose-2-Oxidase and a Novel Fungal Enzyme, Aldose-2-ulose Dehydratase." Carbohydrate Research 232, 59-75 (1992). B. N. N. Rao, M. Moreland, B. K. Brandley. "The Potential of Carbohydrates as Cell Adhesion Inhibitors." Medicinal Chemistry Research 1,1-8(1991). M. Tiemeyer, S. J. Swiedler, M. Ishihaza, M. Moreland, H. Schweingruber, P. Hirtzer, and B. K. Brandley. "Carbohydrate Ligands for endothelial-leukocyte adhesion molecule 1." PNAS 88, . 1138-1142 (1991). L. Greenfield, W. Bloch, M. Moreland. "Thiol-Containing Cross-Linking Agent with Enhanced Steric Hindrance." Bioconjugate Chemistry 2, 400-410 (1990). D. E. Nitecki, L. Aldwin, and M. Moreland. "Active Esters in Peptide and Protein Crosslinking. Comparison of Rates of Reactions of Active Esters with Amines in Water." Peptide Chemistry, 243-246 (1987). M. Moreland, J. Wadsworth, J. Geigert, S. L. Needleman. "Procedure for Reducing D-azabino- hexosulose to a Mannitol-rich Mixture of D-Mannitol and D-Glucitol. Carbohydrate Research 127, 154-156 (1984). J. Geigert, S. K. DeWitt, S. L. Needleman, G. Lee, D. J. Dahetos, and M. Moreland. "DMSO is a Substrate for Chloroperoxidase." BBRC 116, 82-85 (1983). J. Geigert, J. Wadsworth, M. Moreland. "Fused Silica Capillary GC Separation of Alkene Halohydrins." Journal of High ResoL Chromat. and Chrotnat. Commurc 184 (1981). J. Geigert, D. S. Hirano, and M. Moreland. "HPLC Method for the Analysis of Alkene Bromohydrins and Iodohydruvs." J. Chromatogr. 206, 625-627 (1981). T-H. Chan and M. Moreland. "The Synthesis of Alkenes from Carbonyl Compounds and Carbanions alpha to Silicon. VII. A Synthesis of a-chloro-a,(3-unsaturated Esters. Tetrahedron Letters 515-518 (1978). Patents= , _-_ _ :_ - _. D. E. Nitecki, M. Moreland, L. Aldwin, C. H. Levenson, I. Braude, D. F. Mazk, H. Rapaport. Immunosuppressive Analogues and Derivatives of Succinylacetone. United States Patent 5,173,482 (1992). P. J. Shadle, K. E. Koths, M. Moreland, N. Katre, W. J. Laird, L. Aldwin, D. E. Nitecki, J: D. Young. Conjugation,of Polymer to Colony Stimulating Factor-1. United States Patent 5,153,265 (1992). B. K. Brandley, M. Tiemeyer, S. J. Swiedler, M. Moreland, and H. Schweingruber. Method of Determining a Site of Inflammation Utilizing ELAM-1 Ligands. United States Patent 5,143,712 (1992). D. E. Nitecki and M. Moreland. Novel Cross-Linking Agents.. United States Patent 5,034,514 (1991). D. E. Nitecki, M. Moreland, C. H. Levenson, I. Braude, D. F. Mazk, H. Rapaport. Immunosuppressive Analogues and Derivatives of Succinylacetone. United States Patent 4,895,872 (1990). D. E. Nitecki and M. Moreland. Compound 1-(3-(?: Pyridyldithio)propionamido)-12-(5- Hydrazidoglutazamido)-4,9-dioxadodecane. United States Patent 4,797,491 (1989). M. Moreland and D. Nitecki. Solubilization of Proteins for Pharmaceutical Compositions Using Heparin Fragments. United States Patent 4,745,180 (1988). Continuing Education Short courses, Instrument training: ACS short course on NMR 1981 Hewlett Packard Gas Chromatography 1980 Finnegan Mass Spectrometer maintenence 1982 Scientific Meetings: National American Chemical Society 1980, 1983, 1988, 1990 (and probably some others) International Carbohydrate Symposium 1982, 1984, 1986, 1988, 1990, 1992, 1994, 1998 National Organic Chemistry Symposium 1981, 1987 American Society of Mass Spectrometry 1992 Exhibit E Eric W. Taylor 561 62"' Street, Oakland, CA, 94609 H: (510) 655-5020 W: (510) 923-6370 Experience Analvtics, Small Molecule Drue Discovery, Chiron Corporation April, 1997-January, 2002. Research Scientist • Projects: - Protein identificaton from bidiogical sources by MS - Protein structure elucidation via cross-linkers and MS - Identify, quantify and elucidate structure of metabolites of drug candidates - Develop and implement rapid-throughput analytical assays for small molecule characterization and quantitation - Evaluate and implement new analytical technologies for Analytics Group - Technical Skills: - Chromatography; from automated capillary and microbore HPLC for analysis to large scale LC for purification - Mass Spectrometry; use single quadrapole, triple quadrapole, ion-trap, ESI-TOF, cjuadrapole-TOF and MALDI-TOF - Protein Identification; in-gel digestion, MALDI and LC/MS, Pepsea and Sequest database seazching - Protein Chemistry; purification, chemical modification, and peptide mapping - Small Molecule Characterization; on-line characterization using multidimensional techniques • Management - Supervise research of two research specialists on protein and metabolism projects - Establish scientific collaborations with other scientists in the company - Member of a small molecule lead optimization team , - Led Bioanaly[ical group - Supervised two research associates studying physicochemical properties of small molecules Biopharmaceutical Evaluation, Drue Discovery Research, Chiron Corporation November 7993 -March 1997. Research Specialist • Projects: - Develop and perform bioanalytical assays of small molecules to support pharmacokinetic studies /n vitro pre-clinical screening of small molecules - Structure-activity relationship studies related to intestinal and cellular transport of small molecules Technical Skills: - Chromatography; developed automated, rapid RP-HPLC assays with W detection for quantitation - Cellular Bioloev; developed and optimized several tissue culture based screens for cell permeability • Management: - Supervised research associate performing bioanalytical and permeability assays . - Co-chair of team to study small molecule SAR related to ADME Protein Biochemistry, Biological Therapeutics Research, Chiron Corporation Ju/r 1989 -October /993. Research Specialist • Projects: - Characterized a human Mac-2 binding protein - Study structure-activity relationships of recombinant human macrophage colony-stimulating factor (rhM-CSF) - Purify recombinant human neutrophil protease 3 - Study rhM-CSF folriing in vitro • Technical Skills: - protein chemistry and characterization; purification, chemical modification, gel electrophoresis, immuno-detection methodologies and enzymology - biochemistry/cellular biology; developed receptor-binding, cell based, antibody based and enzyme assays Molecular Bioloev Institute, San Diego State University June 1988 -July 1989. Research Assistant • Expressed rat pro-Atrial Natriuretic Factor (ANF) in a heterologous cell type and characterized the post-translational processing of the recombinant peptide. Molecular Bioloev Institute, San Diego State University Sept 1986 -June 1988. Undergraduate Research Assistant • Sub-cloned, sequenced and analyzed the gene encoding the chitinase enzyme in Serratia mazcesens. - Other Assets • Good oral and written communication skills. Very skilled with computers. • A versatile scientist with a good understanding of the "big picture" and a high productivity rate. • A problem solver. Always looking for creative, innovative; better and faster approaches. Adaptable and motivated. • A people person who works best in a team oriented environment. Education BS in Biology, Certificate in Recombinant DNA Technology, San Diego State University, San Diego, CA May, 1988. Awarded College of Sciences Outstanding Undergraduate Researcher for 1988. Publications Taylor, E W., Jia, W. Bush, M., Dollinger, G.D. Accelerating the Drug Optimization Process Identification, Structure Elucidation, and Quantification ofln-Vivo Metabolites Using Stable Isotopes with LC/MS" and the Chemiluminescent Nitrogen Detector. Submitted to Analytical Chemistry. Taylor, E. W., Jia, W., Dollinger, G.D. Using CLND and Mass Spectrometry to Simultaneously Identify and Quantitate Products for Combinatorial Chemistry, in Analytical Techniques in Combinatorial Chemistry. Ed: Kyranos, J. In Press. Young; M., Tang, N., Hempel, J., Kuntz, L, Oshiro, C., Taylor, E., Gibson, B., Dollinger, G. High throughput protein fold identification by using experimental constraints derived from intramolecular cross-finks and mass spectrometry. Proc. Nat. Ac. Sci. (2000)97:5802-5806. Gibbons, J.A., Taylor, E.W., Dietz, C.M., Luo, Z.P., Luo, H. and Braeckman, RA.. High-Throughput Screening far Gastrointestinal Absorption in the Generation of SAR Databases, in: Drug Metabolism: Databases and High-Throughput Testing During Dmg Design and Development. Ed: Erhardt, P.W., International Union of Pure and Applied Chemistry. 1999 Taylor, E.W., Qian, M.G. and Dollinger, G.D. Simultaneous On-Line Characterization of Small Organic Molecules Derived from Combinatorial Libraries for Identity, Quantity and Purity by Reversed-Phase fIPLC with Chemiluminescent-Nitrogen, UV, and Mass Spectrometric Detection. Anal. Chem. (1998) 70:3339-3347. Robinson G., M. R, Monica, D. P., Taylor, E. W., M., Smyth and Lunte, C. E. Development of a Capillary Electrophoresis Separation of an NSG-Peptoid Combinatorial Mixture. J. Chromatog. B, (1998) 707:247-255 Robinson G. M., Taylor, E. W., Smyth, M. R and Lunte, C. E. Application of Capillary Electrophoresis to the Separation of Structurally Diverse NSG-Peptoid Combinatorial Mixtures. J. Chromatog. B (1998) 705: 341-350 Gibbons, J.A., Taylor, E.W. and Braeckman, R.A. ADME/PK Assays in Screening for Orally Active Drug Candidates, in: Combinatorial Chemistry and Molecular Diversity in Drug Discovery. Eds., Gordon, E.M. and Kerwin, J.R., John Wiley Publisher. 1998 Taylor, [. W., Gibbons, J. A. and Braeckman, R.A. Intestinal Absorption Screening of Mixtures from Combinatorial Libraries in the Coco-? Model. 1. Pharm, Res., (1997) 14:572-577. Gibbons, J. A., Hancock, A. A., Vitt, C. R. Knepper, S. Buckner, S. A., Bmne, M. E., Milicic, I., Kerwin, J. F., Richter, L. S., Taylor, [. ~4'., Spear, K. L., Zuckermann, R. N., Spelhneyer, D. C., Braeckman, R A. and Moos, W. H. Pharmacological Characterization of CHIR 2279, an N-substituted Glycine Peptoid with High-Affinity Binding for al-Adrenoceptors. J. Pharmacol. Exp. Ther. (1996) 277:885 Taylor, E.W., Fear, A-L., Bohm, A., Kim, S-H., and Koths, K. Structure-Function Studies on Recombinant Human Macrophage Colony-Stimulating Factor. (1994) J. Biof. Chem. 269:31]71 Koths, K., Taylor, E.W., Halenbeck, R., Casipit, C., Wang, A.. Cloning and Characteriration of a Human Mac-2-binding Protein, a New Member of the Superfamily Defined by the Macrophage Scavenger Receptor Cysteine-Rich Domain. (1993) J. Biol. Chem. 268:14245 Shields, P., Sprenkle, A., Taylor, E.W., and Glembotski, C. Rat Pro-Atrial Natriuretic Factor Expression in Mouse Corticotropic Pituitary Tumor Cells. (1990) J. Biol. Chem. 265:10905 Abstracts Taylor, E., Borny, J.-F., and Dollinger, G. A Unique Detector for HPLC: the Chemiluminescent Nitrogen Detector. 1997 Pittsburgh Conference, Atianta, Georgia. Anal. Chem. (Supplement) Taylor, E.W., Gibbons, J. A. and Braeckman, RA. Screening of Mixtures from Combinatorial Libraries in the Caco-2 Model of Intestinal Absorption. (1996) J. Pharm. Res. (Supplement) 13:242 Dietz, C. M., Taylor, E. W., Braeckman, R A., Gibbons, J. A. ADME characterization of complex chemical mixmres in vivo: Development of a method to analyze mixtures of 24 molecules in an oxygen-carrying blood substitute. (1996) J. Pharm. Res. (Supplement) 13:499. Taylor, E.W., Gibbons, J.A., Shoemaker, K.R, Martin, E.J., and Braeckman, R.A. Prediction of GI Absorption for a Series of Peptoids: Compazison of Solvent Partitioning, and In Vitro and In Situ Measurements. (1994) !. Pharm. Res. (Supplement) 11:256 Patents Issued Koths, K., Taylor, E. Soluble extracellular domain of human M-CSF receptor. Patent # 6,184,354 (2001) I{oths, K., Halenbeck, R., Taylor, E., Wang, A., and Casipit, C. Secreted mac-2-binding glycoprotein. U.S. Patent # 6,069,127 (2000). Pandit; J., Jancarik, J., Kim, S-H., Koths, K., Halenbeck, R., Fear, A. L., Taylor, E., Yamamoto, R. and Bohm, A. Identification of M-CSF Agonists and Antagonists. U.S. Patent #6,025,146 (2000). Dietz, C. M., Gibbon, J. A., and Taylor; E. W. ADME analysis of mixmres. U.S. Patent #5,989,918 (1999). Doyle, M., Halenbeck, R., Koths, K., Taylor, E., and Wang, A. Nucleic Acid Encoding Secreted Mac-2 Binding Protein. U.S. Patent 5,965,382 (1999). Pandit; J., Jancarik, ]., Kim, S-H., Koths, K., Halenbeck., Feaz, A. L., Taylor, E., Yamamoto, R. and Bohm, A. Crystallization of M- CSF-alpha U.S. Patent #5,866,114 (1999). Doyle, M., Halenbeck, R., Koths, K., Taylor, E., and Wang, A. A Secreted Mac-2 Binding Glycoprotein. U.S. Patent #5,736,340 (1998). Do}•le, M., Halenbeck, R., Koths, K., Taylor, E., and Wang, A. A Method for Purifying Secreted Mac-2 Binding Glycoprotein U.S. Patent # 5,644,035 (1997). Patent Annlications Gibson, B., Dollinger, G., Kuntz, L, Young, M., Tang, N., Hempel, J., Oshiro, C., Taylor, E., Method for Determining the Three- Dimensional Shape of a Structure. Submitted in 1999 Dollinger, G and Taylor, E. Determining the Transfer Function of a Filter: Evaluation of Physicochemical Properties Associated with Transport Across a Filter. Submitted in 1997 Dollinger, G., Heubner, V, McGuire, L. and Taylor, E. Coupling of Transport Across a Filter to Affmity Selection-Mass Spectroscopy. Submitted in 1997 Ando, D., Halenbeck, R., Koths, K., Sun, T., Taylor, E. Production and Purification of Recombinant Human Neutrophil Protease 3. Submitted in 1993. nvited Research Presentations Quantitation by Chemiluminescent-Nitrogen Detection: A Method for Nitrogen Containing Compounds of Known Chemical Composition. Pittsburgh Conference, New Orleans, LA, March 2001 Simultaneous Identification, Quantitation, and Purity Determination of Compounds derived from Combinatorial Libraries. 15th Montreux Symposium on LC/MS, Montreux, Switzerland. November 1998 Caco-2 Cells for Drug Candidate Selection, Short Course on Applicafion of Cell and Tissue Culture Systems, American Association of Pharmaceutical Scientists Annual Meeting, Boston, MA, November, 1997. Rapid Throughput Approaches to Absorption, Metabolism and Pharmacokinetics for the Identification of Lead Candidates, Conference Lead Generation and Optimization, Strategic Reseazch Institute, San Diego, CA, June, 1997 -- IBIT F :~i: • ~~ . r:~a~ir_ ,~'~t r., '~u~y R Y T