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HomeMy WebLinkAbout10-16-2002 City Council Agenda Packet AGENDA REGULAR MEETING SARATOGA CITY COUNCIL OCTOBER 16, 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. ANNOUNCEMENT OF CLOSED SESSION ITEMS ADJOURNED TO CLOSED SESSION - 6:00 P.M. Conference With Legal Counsel -Existing Litigation (3 cases) (Government Code section 54956.9(a)) Name of case: City of Saratoga v. West Valley-Mission Community College District (California Court of Appeal, Sixth Appellate District . No. H022365) Name of case: Saratoga Fire Protection District v. City of Saratoga (Santa Clara County Superior Court No. CV-803540) Name of case: Nora v. Jhartage et al (Santa Claza County Superior Court No. CV 810985) Conference with Legal Counsel -Initiation of litigation (Gov't Code Section 54956.9(c): (1 potential case) REGULAR MEETING - 7:00 P.M. -CIVIC THEATER/COUNCIL CHAMBERS AT 13777 FRUITVALE AVENUE MAYOR'S REPORT ON CLOSED SESSION PLEDGE OF ALLEGIANCE ROLL CALL REPORT OF CITY CLERK ON POSTING OF AGENDA (Pursuant to Gov't. Code 54954.2, the agenda for this meeting was properly posted on October 11, 2002) ARCHIVE COPY COMMUNICATIONS FROM COMMISSIONS & PUBLIC Oral Communications on Non-Aaendized Items Any member of the public will be allowed to address the City Council for up to three (3J 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 None CEREMONIAL ITEMS lA. Proclamation Supporting the First "California Falun Dafa Month" Recommended action: Present proclamation. • 1 B. Appointment and Oath of Office of Library Commissioners Recommended action: Adopt resolution and administer Oath. SPECIAL PRESENTATIONS None CONSENT CALENDAR The Consent Calendar contains routine items of business. Items in this section will be acted in one motion, unless removed by the Mayor or a Council member: Any member of the public may speak to an item on the Consent Calendar at this time, or request the Mayor remove an item from the Consent Calendar for discussion. Public Speakers are limited to three (3) minutes. 2A. Approve Council Meeting Minutes Regulaz Meeting -September 4, 2002 Recommended action: Approve minutes. 2 2B. Approve Council Meeting Minutes Regular Meeting -October 2, 2002 Recommended action: Approve minutes. 2C. Review of Check Register Recommended action: Approve check register. 2D. Multi-year Budget Amendment to Carryover 2001-02 Capital Improvement Projects Recommended action: Adopt resolution. 2E. Revision to the 2002-2003 Appropriation (GANN) Limit Recommended action: Adopt resolution. 2F. Planning Action Minutes -October 9, 2002 Recommended action: Note and file. 2G. Minor Amendment to Tree Regulation Recommended action: Adopt ordinance. • 2H. Minor Amendment to Section 15-19.020 Regarding Sound Wall Requirements Recommended action: Adopt ordinance. 2I. Saratoga Librazy Project Phase II -Architect Contract Amendment Recommended action: Authorize City Manager to execute amendment to contract. 2J. Final Map Approval for Five Units on Two Lots Located at 14612 Big Basin Way and 20717 St. Charles Street. Owner: Trafalger Inc. Recommended action; Adopt resolutions and authorize Mayor to execute Subdivision Improvement Agreement. PUBLIC HEARINGS (Applicants/Appellants and their representatives have a total of ten minutes maximum for opening statements. Members of the public may comment on any item for up to three minutes. Applicant/Appellants and their representatives have a total of f ve minutes maximum for closing statements. Items requested for continuance are subject to Council's approval at the Council meeting 3. Proposed Vacation of George Whalen Way Recommended action: Open public heazing; close public hearing; continue public heazing until November 6, 2002. 4. Proposed Ordinance to Designate Austin Way a Heritage Lane Recommended action: Open public hearing; close public hearing; waive the first reading; place on next agenda for adoption. Amendment to City of Saratoga Motor Vehicle and Traffic Ordinance Recommended action: Open public hearing; close public hearing; waive the first reading; place on next agenda for adoption. 6. Ordinance Adopting and Amending the 2001 Editions of the California Building, Plumbing, Mechanical, and Electrical Codes and Resolutions Regarding the need to Amend the California Building Code to Impose Additional Seismic Bracing Requirements Recommended action: Introduce and read title of Ordinance and the Codes to be indirectly adapted by reference; adopt resolution making findings regarding proposed amendments to the uniform codes; direct staff to publish notice of proposed ordinance adoption in accordance with special requirements for adopting by reference. OLD BUSINESS Response to RFP for City Arborist Services Recommended action: • Accept report and direct staff accordingly. 8. Saratoga Library Project Update Recommended action: Informational only. NEW BUSINESS 9. Options for Revision of Parks and Trails Master Plan Recommended action: Accept report and direct staff accordingly. COMMISSION ASSIGNMENT REPORTS Arts Commission Waltonsmith Planning Commission Mehaffey Parks and Recreation Commission Baker Finance Commission Baker Library Commission Waltonsmith Public Safety Commission Streit Heritage Preservation Commission Bogosian Youth Commission Mehaffey Gateway Task Force Streit Library Expansion Committee Bogosian 4 CITY COUNCIL ITEMS • OTHER CITY MANAGER'S REPORT ADJOURNMENT In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this meeting, please contact the City Clerk at (408) 868-1269. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting (28 CFR 35.102-35.104ADA Title II) 4`> ti% , }': .. ~,rRn, I~f ij 11/6 11/20 12/4 12/10 12/18 Ol/O1 01/07 OI/IS CITY OF SARATOGA CITY COUNCIL MEETING CALENDAR 2002 Regular Meeting Regular Meeting Regular Meeting Adjourned Meeting -Council Reorganization Regular Meeting Holiday -Meeting Cancelled Adjourned Meeting 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 Day Care Center, 19655 Allendale Avenue. ~ SARATOGA CITY COUNCIL MEETING DATE: October 16, 2002 AGENDA ITEM: ORIGINATING DEFT: Cryt~lager` CITY MANAGER: ~~L~-~ PREPARED BY: DEPT HEAD: SUBJECT: Proclamation -Supporting the First "California Falun Dafa Month" ACTION: Read proclamation and present it the representative of Falun Dafa. REPORT SUMMARY: Attached is a proclamation declaring supporting the first "California Falun Dafa Month". Cathy Zang, Coordinator,. "California Falun Dafa Month" has requested that the City of Sazatoga support the first "California Falun Dafa Month". Falun Dafa (also known as Falun Gong) is an advanced exercise and mediation practice system of mind, body and spirit based on ancient wisdom. Mr. Li Hongzhi introduced it to the public in 1992. Falun Dafa, taught free of chazge, has attracted over and is participated by 100 million people in over 50 countries, especially in Asia, Africa, Australia, Europe, North America and South America. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: N/A ADVERTISING, NOTICING AND PUBLIC CONTACT: Posting of the agenda. ATTACHMENTS: Attachment A -Copy of copy of proclamation CITY OF SARATOGA PROCLAMATION SUPPORTING-THE MONTH OF OCTOBER "CALIFORNIA FALUN DAFA MONTH" WHEREAS, Falun Dafa, also known as Falun Gong, is an advanced exercise and meditation practice system of mind, body and spirit based on ancient wisdom; and WHEREAS, Falun Dafa has helped people worldwide improve their health, calm their minds, uplift their spirits, and deepen their understanding of life and humanity. It has also inspired people from all walks of life to turn away from drugs, alcohol, violence, and other harmful habits towards a more harmonious life; and WHEREAS, Falun Dalfa was introduced to the public by Mr. Li Hongzhi in 1992 and was introduced in the Bay Area in October 1995, and since then thousands have learned the exercise and many have incorporated its principals of "Truthfulness, Compassion, and Forbearance" into their daily lives; and WHEREAS, today over 100 million people Falun Dalfa practitioners can be found in over 50 countries in Asia, Australia, Europe, North America and south America; and NOW, THEREFORE, I, Nick Streit,. Mayor of the City of Saratoga and on behalf of the City Council, do hereby support the month of October the first CALIFORNIA FALUN DAFA MONTH WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this 16~` day of October 2002. Nick Streit, Mayor City of Saratoga -4 10/07/02 idON 13:48 FAS_510 683 7068 READ-RITE Cathy Zhang Coordinator, "California Falun Dafa Month" in San Francisco 1286 Hazlett Ct., San Jose, CA 95131 Tel: 408-483-6044 12E: We Warmly Invite You to 3oin Us in Celebrating the First "California Falun Dafa Month" Dear Mayor and members of City Council: On behalf of all Falun Dafa practitioners in California, I write to cordially invite you to participate in the ceremony celebrating the first "California Falun Dafa Month", which will be held at the San Francisco Civic Center Plaza at 12:00 pm on Wednesday, October 16. I also write to request that you issue a proclamation honoring this historic event in California. Falun Dafa (also known as Falun Gong) is an advanced exercise and meditation practice system of mind, body and spirit based on ancient wisdom. Mr, Li Hongzhi introduced it to the public in 1992. Falun Dafa, taught free of charge, has attracted over is practiced 100 million people in over 50 countries, especially in Asia, Africa, Australia, Europe, North America and South America. Falun Dafa has helped people around the world improve their health, calm their minds, uplift their spirits, and deepen their understanding of life and humanity. It has also inspired people from all walks of life to turn away from drugs, alcohol, violence, and other harmful habits towards more harmonious life. . Indeed, in addition to five gentle exercises that improve energy circulation in the body, three universal principles of Truthfulness, Compassion, and Tolerance lie at the core of Falun Dafa. Those who practice Falun Dafa do so to become better and healthier people through living by these principles. Since its introduction to California in 1995, practitioners have continued sharing Falun Dafa's exercises and teachings of truthfulness, compassion, and Forbearance with their fellow Californians. Free demos, workshops and classes have been welcomed in many libraries, community centers, senior centers, universities, YMCAs, parks, street fairs, and health expos. Falun Dafa's contributions to society are widely recognized by leaders throughout California, where over 80 proclamations, resolutions, and citations have been issued in honor of Falun Dafa and Mr. Li Hongzhi. More and more Californians are learning the practice and purifying their hearts, energizing their bodies, and breaking old addictions and bad habits. In turn, families are living more in peace, and communities aze embracing virtue. To share Truthfulness-Compassion-Forbearance and Falun Dafa's simple and effective exercises with fellow Californians, we will celebrate the first "California Falun Dafa Month" in San Francisco, as well as in Sacramento, Los Angeles and San Diego. In the ceremony, there will be keynote speakers, presentation of proclamation, Falun Gong exercise demo, and traditional Chinese artistic performance, etc. You are cordially invited to support this event in any way you choose. I am looking forward to heazing from you at your earliest convenience. Sincere thanks, ~ 002 Cathy Zhang 10/07/02 MON 13:50_FAX 510 683 7068 READ-RITE Falun Dafa in California s~~ec:e.: _.~::~ .. .: .. .. .....~u.. Lai: ..,....... ocrober zooz Cefeb~ratin~ Fafcan ~a#~ [~onth in C~lif~rnia Falun Dafa (also known as Falun Gong) is an advanced exercise and meditation practice system of mind, body and spirit based on ancient wisdom. After being a private practice for thousands of years it was introduced to the public by Mr. Li Hongzhi in 1992. Today, about 100 million Falun Dafa practitioners can be found in over 50 countries in Asia, Australia, Europe, North America and South America. Falun Dafa has helped people worldwide improve their health, calm their minds, uplift their spirits, and deepen their understanding of life and humanity. It has also inspired people from all walks of life to turn away from drugs, alcohol, violence, and other harmful habits towards a more harmonious life. Along with five gentle exercises that improve ener- gy circulation in the body, Mr. Li Hongzhi's teachings of Falun Dafa emphasize the cultivation of one's moral character through following the universe's benevolent characteristic of Truthfulness - Compassion - Forbearance. Since ]995, Mr. Li has been invited to lecture around the world, speaking in front of thousands in countries and regions as diverse as Australia, Canada, France, Germany, Hong Kong, New 7.ealand, Singapore, Sweden, Switzerland, Taiwan, and the United States. Mr. Li's books, originally written in Chinese, have been translated into many languages including English, Spanish, German, Russian, Japanese, and Hebrew. Coming from varied ethnic and religious back- grounds, Falun Dafa practitioners include many scien- tists, doctors, university professors, college students, business consultants, government officials, artists, farmers and factory workers. The practice has attracted the very young and the elderly, as well as both the homeless and the wealthy. • Since its introduction to California in 1995, practi-! tioners have continued sharing Falun Dafa's gentle exercises and teachings of truthfulness, compassion, and forbearance with their fellow Californians. Free demos, workshops and classes have been welcomed in many libraries, community centers, senior centers, uni- versities,YMCAs, parks, street fairs, and health expos. Falun Dafa's great contributions to California have been widely recognized by governmental leaders throughout the state. In California ,over 80 proclama- tions, resolutions, and citations have been issued to honor Falun Dafa and Mr. Li Hongzhi. Falun Dafa's powerful holistic approach to health has been studied internationally by scientists -and reported by diverse media. More and more Californians are learning the practice and purifying their hearts, harmonizing their minds, energizing their bodies and breaking old addictions and bad habits. In turn, more families are living in peace together, and more communities are embracing virtue. A11 Falun Dafa activities, including classes and reg~ ular practice, are offered by volunteers and open to the public free of charge. Everybody is welcome. 0004 ~ in Redwodd Ciry, CA SARATOGA CITY COUNCIL MEETING DATE: October 16, 2002 AGENDA ITEM: `~' '" ORIGINATING DEPT: City Manager CITY MANAGER: 0---~~.~- ~ -~ PREPARED BY: DEPT HEAD: SUBJECT: Appointment of Library Commission Members and Oath of Office. ACTION: That Council approve the attached resolution appointing Mazcia Manzo and Bob Chandra to the Library Commission. REPORT SUMMARY: Attached is the resolution appointing Marcia Manzo and Bob Chandra to the Library Commission. The Oath of Office will be administered and signed by the Commissioners. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: Appointments will not be made to the Arts Commission. ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: Update City's Official Roster. ADVERTISING, NOTICING AND PUBLIC CONTACT: Posting of the Council Agenda. ATTACHMENTS: Attachment A -Resolution of Appointments Attachment B -Oath of Office RESOLUTION N0.02- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA APPOINTING. TWO MEMBERS TO THE LIBRARY COMMISSION WHEREAS, five vacancies were created on the Library Commission resulting from the expired terms of Marcia Manzo, Bob Chandra, Kathy Foscato, Ann Cross, and the resignation of Ci Ci O'Donnell; and WHEREAS, a notice of vacancies was posted, applications were received, interviews have been conducted, and it is now appropriate to fill the positions. NOW, THEREFORE, the City Council of the City of Saratoga hereby resolves that the following appointments are made for the following terms: Marcia Manzol0/01/04 Bob Chandra 10/Ol/OS The above and foregoing resolution was passed and adopted at an adjourned meeting of the Saratoga City Council held on the 16th day of October 2002 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Nick Streit, Mayor ATTEST: Cathleen Boyer, CMC City Clerk f STATE OF CALIFORNIA w COUNTY OF SANTA CLARA I, Marcia Manzo, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the Constitution of the State of California against all enemies, foreign and domestic; that I will bear true faith and allegiance to the Constitution of the United States and the Constitution of the State of California; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon which I am about to enter. Marcia Manzo, Member Library Commission Subscribed and sworn to before me on this 16`" day of October 2002. Cathleen Boyer, CMC City Clerk C: STATE OF CALIFORNIA COUNTY OF SANTA CLARA I, Bob Chandra, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the Constitution of the State of California against all enemies, foreign and domestic; that I will bear true faith and allegiance to the Constitution of the United States and the Constitution of the State of California; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon i which I am about to enter. 7r Bob Chandra, Member Library Commission Subscribed and sworn to before me on this 16`h day of October 2002. Cathleen Boyer, CMC City Clerk A SARATOGA CITY COUNCIL AGENDA ITEM: CITY MANAGER: ~--~1~-- l MEETING DATE: Octobner 18, 2002 \ ORIGINATING DEPP: city D4anaEi PREPARED BY: DEPT HEAD: SUBJECT: City Council Minutes RECOMMENDED ACTION: Approve minutes. REPORT SUMMARY: Approve minutes as submitted for the following City Council Meeting: Regular meeting -September 4, 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 September 4, 2002 MINUTES SARATOGA CITY COUNCIL SEPTEMBER 4, 2002 The City Council of the City of Sazatoga met in Closed Session, Administrative Conference Room. 13777 Fruitvale Avenue at 4:30 pm. Conference With Legal Counsel -Existing Litigation (4 cases): (Government Code section 54956.9(a)) Name of case: City of Sazatoga v. West Valley-Mission Community College District (California Court of Appeal, Sixth Appellate District No. H022365) Name of case: Tsung-Chin Wu, Yuh-Ning Chen v. Parker Ranch Homeowners. Association (Santa Claza County Superior Court No. CV-707015) Name of case: Saratoga Fire Protection District v. City of Saratoga (Santa Clara County Superior Court No. CV-803540) Name of case: City of Sazatoga v. Hinz (Santa Claza County Superior Court Doc. No. CV-784560) Conference With Legal Counsel -Threatened Litigation: Significant exposure to litigation pursuant to Government Code section 54956.9(b): Public Employee Performance Evaluation (Gov't Code 54957) Title: City Manager MAYOR'S REPORT ON CLOSED SESSION - 7:00 n.m. Mayor Streit called the Regular City Council meeting to order at 7:00 p.m. and requested Mr. Norman Kline to lead the Pledge of Allegiance. 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 Richazd Taylor, City Attorney Cathleen Boyer, City Clerk Jesse Baloca, Administrative Services Director John Cherbone, Director of Public Works Joan Pisani, Recreation Director John Livingstone, Associate Planner Cary Bloomquist, Administrative Analyst REPORT OF CITY CLERK ON POSTING OF AGENDA FOR SEPTEMBER 4, 2002 . Cathleen Boyer, City Clerk, reported that pursuant to Government Code Section 54954.2, the agenda for the meeting of September 4, 2002 was properly posted on August 27, 2002. COMMUNICATIONS FROM COMMISSIONS & PUBLIC ORAL COMMUNICATIONS The following person requested to speak at tonight's meeting: Ellis Chang, 19795 Farwell Avenue, explained to the Council that the curb in front of his house was recently painted red. Mr. Chang noted that he was never informed that the City Council approved the no parking resolution in front of his house. Mr. Chan requested that the City Council reverse their decision. COMMUNICATIONS FROM BOARDS AND COMMISSIONS None WRITTEN COMMUNICATIONS None COUNCIL DIIiECTION TO STAFF Referring to Mr. Chang's comments, Vice Mayor Baker requested that this item be brought back to the Council at the next City Council meeting. Consensus of the City Council to support Vice Mayor Baker's request to discuss the red curb along Farwell Avenue at the next City Council meeting. ANNOUNCEMENTS Mayor Streit announced that on September 14, 2002 Boy Scout Troop 566 of Saratoga will honor the advancement to Eagle Scout of Kinman Cheung, Kinhung Cheung, Brandon Katz, Darren Kwong, David Lamb, and Bradley Seago. SPECIAL PRESENTATIONS None CEREMONIAL ITEMS IA. COMMENDATION - SARATOGA HIGH SCHOOL ROBOTICS TEAM STAFF RECOMMENDATION: Present commendation. Mayor Streit welcomed members of the Saratoga Robotics team members. City Council Minutes 2 September 4, 2002 Chris Yang introduced his fellow team members, Irene Fan, ' Jayant Krishnamurthy, and Thomas Lin. Each member of the Sazatoga Robotics Team explained a portion of team's accomplishments and described the • submersible robot that took 11~` place at the ALIVSI Naval Competition. Mayor Streit read the commendation and presented it to the Saratoga Robotics Team. 1 B. PROCLAMATION -SEPTEMBER 11, 2002 "DAYS OF REMEMBRANCE" STAFF RECOMMENDATION: Read proclamation. Mayor Streit read the proclamation. SPECIAL PRESENTATIONS 2A. PRESENTATION -DAWN CAMERON COUNTY COMPREHENSIVE EXPRESSWAY PLANNING STUDY STAFF RECOMMENDATION: Informational only. Dawn Cameron, County of Santa Claza/Roads and Airports Department, explained • that the Comprehensive County Expressway Planning Study was established to develop and document consensus on potential expressway improvements of all types including capacity enhancements, grade sepazations, pedestrian and bicycle facilities, sound walls, and landscaping. In addition, the Study will develop funding requirements, financing scenazios, and recommendations regazding issues such as maintenance support and traffic enforcement. Councilmember Waltonsmith is the City's representative to the PAB. Ms. Cameron explained that the first comprehensive study was done 30 years ago. In this study it showed the concept expanding Lawrence Expressway to connect to Highway 85 via Saratoga Avenue. Ms. Cameron also stated that the PAB is trying to "clean up" old master plan, projects that have never materialized. In regards to the concept of expanding Highway 85 to Lawrence Expressway, Councilmember Bogosian asked where this concept came from. Ms. Cameron noted it was in an old plan from approximately 30 yeazs ago. Ms. Cameron noted that if the City has no desire to ever extend Lawrence Expressway, the Council would just have to officially request that this concept be taken offthe books. Consensus of the City Council to agendize this issue for September 18, 2002. City Council Minutes 3 September 4, 2002 PUBLIC HEARINGS 4. PROPOSED RESOLUTION INITIATING THE ORDINANCE TO DESIGNATE AUSTIN WAY A HERITAGE LANE STAFF RECOMIyIENDATION: Open public heazing; close public hearing; adopt resolution; place on next agenda as a public heazing. TITLE OF RESOLUTION: 02-067 RESOLUTION FO THE CITY COUNCIL INITIATING FINAL DESIGNATION OF AUSTIN WAY A HERITAGE LANE John Livingstone. Associate Planner, presented staff report. Planner Livingstone explained that the Heritage Preservation Commission recommended to the Planning Commission that Austin Way be designated a Heritage Lane. One July 24, 2002 the Planning Commission adopted a resolution recommending that the City Council adopt an ordinance designating Austin Lane a Heritage Lane. The intent of the ordinance is to preserve the existing brick roadway and hopefully restore the portions that have been patched with asphalt. Staff hopes that a Heritage Lane designation will increase the possibility of obtaining a grant to assist in the preservation and maintenance of the existing brick roadway. Planner Livingstone presented a brief history on Austin Way noting it use to be part of the main road between Saratoga and Los Gatos. Planner Livingstone stated that that the brick road was built in 1904. Planner Livingstone explained that in order to designate a roadway a Heritage lane, the road must meet a minimum of two findings stated in the City's code. Planner Livingstone stated that some of the feed back from the neighbors that objected to the Heritage Lane designation was the additional review of modifications to their homes by the Heritage Preservation Commission. The current code for a Heritage Lane allows the HPC to review and comment upon all planning entitlement applications and applications for building, demolition, grading or tree removal permits involving work to be performed upon or within a designated Heritage Lane. Planner Livingstdne noted that the Heritage Preservation Code also allows the Planning Commission to include such regulations or controls over the designated property, as the Planning Commission deems reasonable necessary for the conservation and preservation of the roadway. Planner Livingstone explained that the right-of--way is 40 feet. The brick road itself is 18 to 20 feet wide but the City owns 40 feet. There could be up to 10 feet of City-owned shoulder on each side of the brick roadway. The proposed Heritage City Council Minutes 4 September 4, 2002 Lane designation would add another 10 feet on the private property for review by the Heritage Preservation Commission when any major construction is proposed ' such as walls and fences. Mayor Streit opened the public heazing at 7:35 p.m. Tom Keeble, 19041 Austin Way, noted that he originally proposed to the Heritage Preservation Commission to designate the road. Mr. Keeble noted that he is opposed to the possibility of the City regulating an additional 10 feet of property. Mr. Keeble noted that other than that he supports the designation. Norman Koepernik, Chair/ HPC, noted that he supports the designation of Austin Way. Mr. Koepernik noted that this designation would maintain the beauty and the uniqueness of this road. Mr. Koepernik stated that the HPC would continue applying for grants from the state for beautification projects for the road. Vice Mayor Baker asked Commissioner Koepernik why the Planning Commission agreed to add an extra 10 feet of property on either side of the road. Chair Koepernik explained that the extra 10 feet would allow the City to regulate a broader azea around the road and have more say in the type of landscaping and fences. Dean Glajchen, 19100 Austin Way, noted that he attended the Planning Commission hearings and stated that he supports the designation to preserve and repair the roadway, but he opposes the additional 10 feet on either side of the roadway. Flavio Decastillmos, 18705 Landcaster Road, noted that he opposes the designation especially the additional 10 feet of proposed regulation. Mike Garakani, 19061 Austin Way, noted that he is not against the designation of a Heritage Lane, in fact he noted that the road should be fixed, but opposes the designation with all the restrictions that comes with the designation. Mr. Gazakani asked the cost to repair this road and what justification does the City have requiring the additional 10 feet of property. Mayor Streit closed the public hearing at 7:50 p.m. Referring to Mr. Garkani's questions, Mayor Streit asked staff the costs to repair the road. Planner Livingstone responded that it about $20 a squaze foot. All of the Councilmembers agreed that the additional designation of 10 feet on either side of the roadway should be excluded from the ordinance. BAKERBOGOSIAN MOVED TO ADOPT RESOLUTION INITIATING FINAL DESIGNATION OF AUSTIN WAY A HERITAGE LANE . EXCLUDING THE ADDITIONAL 10 FEET OF PROPERTY ON EITHER SIDE OF THE ROADWAY. MOTION PASSED 5-0. City Council Minutes 5 September 4, 2002 5. CONSTRUCTION AND DEMOLITION DEBRIS RECYCLING ORDINANCE STAFF RECOMMENDATION: Open public heazing; close public heazing; place on next agenda for adoption. Cazy Bloomquist, Administrative Analyst, presented staff report. Analyst Bloomquist that at their regular meeting on August 7, 2002, Council was introduced to the proposed Construction and Demolition Debris Ordinance and subsequently directed staffto hold a public hearing at their next meeting. Analyst Bloomquist noted that the Construction and Demolition Debris Ordinance will apply to all major construction, remodeling or demolition projects over 2500 square feet, diverting material that would otherwise go into landfill. This has the potential to increase the city's diversion rate above the present 56% level. Analyst Bloomquist stated that staff is recommending that the City Council direct staff to bring back the ordinance at their next regular meting for approval and adoption. Mayor Streit opened the public hearing at 8:20 p.m. Mayor Streit closed the public hearing at 8:21 p.m. Councilmember Bogosian noted that he supports this ordinance and requested staff provide Council with companies that take the different recyclables. Pointing out the fact the he is the City's representative on the Solid Waste JPA, Vice Mayor Baker stated that the Guadalupe Landfill has a Construction and Demolition recycle center. Vice Mayor Streit stated that if cities do not adopt similaz ordinances they aze irresponsible. Mayor Streit stated that some cities have adopted similar ordinances except the City of Saratoga has went a step further adding that the 2,500 squaze foot requirement. BAKER/WALTONSMITH MOVED TO CONTINUE THE PUBLIC HEARING TO SEPTEMBER 18, 2002. MOTION PASSED 5-0. City Council Minutes ( September 4, 2002 OLD BUSINESS 6. BLANEY PLAZA IMPROVEMENTS -REVIEW OF CONCEPTUAL DESIGN STAFF RECOMMENDATION: Review Design Plans and direct staff on preferred location of Memorial Arch. John Cherbone, Public Works Director, presented staffreport. Director Cherbone explained that at the August 7, 2002 City Council meeting the Council approved a professional services agreement with Greg Ing and Associates for preparation of conceptual design plans for Blaney Plaza. The work performed by Greg Ing and Associates accomplished two main tasks: 1) determine the best placement of the Memorial Arch in Blaney Plaza; and 2) the prepazation of a master plan and cost estimate for the future redevelopment of Blaney Plaza. Director Cherbone noted that the Heritage Commission, the Arts Commission, and the Sazatoga Historical Foundation have been notified of the project and they have indicated interest on participating in the development of a master plan for the plaza. Director Cherbone noted that Greg Ing and Associates have proposed two different conceptual designs. Councilmember Bogosian asked what the City has done to determine the condition and safety of the two lazge trees in the Plaza. Director Cherbone noted that in the last two months the City's Arborist, Barrie Coates, looked at the health of the trees and what type of pruning needed to be done and per his recommendations they were trimmed. According to Mr. Coates the trees do not pose any immediate danger, but there is never a guazantee with trees. Vice Mayor Baker asked where was the Arch was originally. Councilmember Waltonsmith responded that originally the Arch was located in the middle of the intersection, centered towards the hills. Steve Kikuchi, Landscape Architect, 1585 The Alameda, Suite 201, San Jose, noted that he is pleased he has been able to continue his working relationship with the City. Mr. Kikuchi noted that this projected posed a few constraints such as the trees and placing the Arch in the Plaza. Two designs have been developed. Scheme A has more of a freeform natural setting. Option A is compatible with the Gateway Master Plan. Mr. Kikuchi stated that both designs propose a retaining wall with storyboards on it, which could be the history of Saratoga or art. Option B shows the Arch underneath the canopies of the stone pine trees. In Option A the Arch is located as the gateway to the entrance of the park. Councilmember Waltonsmith noted that the plaza should be kept simple. Councilmember Bogosain noted that he agrees with Councilmember Waltonsmith. City Council Minutes '7 September 4, 2002 Vice Mayor Baker noted that his concern is the costs. Vice Mayor Baker stated that ` the City has to move the Arch, but perhaps a design could be drawn that could support potential artistic improvements in the future. Wyllis Peck, 14275 Saratoga Avenue, noted that he is a member of the Heritage Preservation Commission and the unofficial City Historian. Mr. Peck noted that in 1965 the City almost lost the Arch when the highway was straitened. Mr. Peck noted that when he heard. about the possible loss he approached the Council and requested the City relocate the Arch. Mr. Peck stated that he feels the Arch is a valuable . historical symbol of Saratoga. Mr.,Peck stated that originally around the base was a fishpond. Mr. Peck noted that the Arch should be placed in the most conspicuous place in the Plaza. Mr. Peck noted that another important detail about the Arch is that a prominent California Landscape Architect, Bruce Porter, designed it. Mayor Streit stated that he supports Option A, but move the Arch to the center. Councilmember Mehaffey stated that his main concern in putting the Arch in the front of the Plaza is possible cars hitting it. Councilmember Bogosian and Councilmember Waltonsmith both stated that they do not support any type of water feature in the Plaza. Director Cherbone suggested that the Council direct staff to form an AdHoc Committee to study the design and make recommendations to Council at a future date. i Consensus of the City Council to direct staff to form an AdHoc committee composed of two members from each of the following groups: Heritage Preservation Commission, Arts Commission, Historical Foundation, and Council. NEW BUSINESS PRESCHOOL MURAL STAFF RECOMMENDATION: Accept report and direct staff accordingly. Kim Saxton-Heinrichs, Senior Recreation Supervisor, presented staff report. Supervisor Saxton-Heinrichs explained that on August 12, 2002 the Arts Commission was asked to approve a mural for the outside, northwest-facing wall of the preschool potable. It is to be painted by Kristie Liddie, a sophomore at Saratoga High School. She is doing this project to complete her Silver Award for Girl Scouts. Kristie will solicit local businesses to donate all material and supplies. She needs to have the mural completed by September 30, 2002. It will be painted on two removable boards and placed by city staff. Preschool Director Marianne Swan gave Kristie a book by a Dutch artist for inspiration and ideas. Supervisor Saxton-Heinrichs explained that upon checking with City Attorney Taylor regarding copyright infringement, he recommended that Kristie get permission from the publisher. Supervisor Saxton-Heinrichs noted that the only City Council Minutes g September 4, 2002 concern was copyright infringements. Staff investigated and found out that the art in the book is almost 100 years old so there are no more womes about copyright infringements. Marianne Swan, Preschool Director, P.O. Box 201, noted that the City put up three portables to house-programs, one being the preschool. When funds were not available to beautify the preschool, community members help fulfill her dreams. In regards to copyright infringements she called the publisher in Holland and the only right they have to the illustrations is to publish them. Vice Mayor Baker asked where the panels would be placed. Director Swan responded that the panels would be placed behind the senior portable. Julia Anderson, PO Box 3458, noted that she is a member of Troop 62, and is working on her Silver Project, which is similar to an Eagle Scout award. Ms. Anderson noted that she would be working with an Eagle Scout. Ms. Anderson notes that she is doing this project because it helps with leadership and teachers good skills. Ms. Anderson also noted that it would help beautify the preschool. Tina Liddie, 20275 Franklin Avenue, explained that the project needs to be completed by September 30, 2002 in order to receive the Silver Award then she will move on to be a Senior Girl Scout and will start to work on her Gold Award. Mayor Streit noted that he would appreciate being notified when the girls receive their Silver Award so the City can publicly recognize them. Consensus of the City Council to direct staff to move forward with this project. Mayor Streit declared at 15-minute break at 9:00 p.m. Mayor Streit reconvened the meeting at 9:15 p.m. OLD BUSINESS 8. NORTH CAMPUS FELLOWSHIP HALL IMPROVEMENTS STAFF RECOMMENDATION: Accept report and direct staff accordingly. Joan Pisani, Recreation Director, presented staff report. Director Pisani explained that on August 2, 2002 Council directed staff to bring back cost estimates to make the Fellowship Hall ADA and Building Code compliant. Director Pisani explained that Brad Lind the City's Building Official completed an inspection of that building and provided her a list of repairs and improvements needed before we could occupy the building. Director Pisani noted that she was able to get a local contractor to visit the site and provide staff with an estimate to retrofit the restroom and make the necessary roof repairs. Director City Council Minutes 9 September 4, 2002 Pisani explained that it would take about $55,000 which would not include tables, chairs, an HVAC system, nor a refrigerator. Councilmember Bogosian asked how much would an HVAC system cost. Director Pisani replied that according to the_report by Noll & Tam a HVAC system would cost approximately $45,000. As faz as the other amenities, Director Pisani noted that she feels $10,000 would cover costs. Mayor Streit stated that there seems to be a lot of community groups that would like to use this hall. Director Pisani noted that. several groups have inquired about its use. In regards to the restrooms, Director Pisani noted that a local architect has agreed to do the drawings and the specs at cost and then she could proceed with taking it out to bid. Councilmember Bogosian suggested that the City should try and find a community group that would paint the buildings. Director Pisani noted that she would look into that possibility. Councilmember Mehaffey suggested that staff look into purchasing tables and chairs from companies that have went out of business. Director Pisani noted that on September 5 and September 10, 2002 the City would be holding an open house at the campus. Consensus of the City Council to proceed with the design and bid process. CONSENT CALENDAR 3A. CITY COUNCIL MINUTES -REGULAR MEETING JULY 17, 2002 STAFF RECOMMENDATION: Approve minutes. Vice Mayor Baker requested that item 3A be pulled from the Consent Calendar. Vice Mayor Baker requested that on page 17, 4u' paragraph, the comment should read as follows "Vice Mayor Baker noted that the City paid Vice Mayor Baker requested that on page 18, 8u' paragraph, the word "eye soar" be replaced with the word " eev sore". BAKER/WALTONSMITH MOVED TO APPROVE CITY COUNCIL MINUTES OF JULY 17, 2002. MOTION PASSEDS-0. City Council Minutes j 0 September 4, 2002 3B. REVIEW OF CHECK REGISTER STAFF RECOMMENDATION: Approve check register. WALTONSMITH/MEHAFFEY MOVED TO APPROVE CHECK REGISTER. MOTION PASSED 5-0. 3C. REVIEW PLANNING COMMISSION ACTION MINUTES - AUGUST 28, 2002 STAFF RECOMMENDATION: Note and file. WALTONSMITH/MEHAFFEY MOVED TO APPROVE PLANNING ACTION MINUTES. MOTION PASSED 5-0. 3D. RESOLUTION AMENDING THE CONFLICT OF INTEREST CODE STAFF RECOMMENDATION: Adopt resolution. TITLE OF RESOLUTION 02-066 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA AMENDING RESOLUTION 01-011 BY ADDING TO THE LIST OF DESIGNATED EMPLOYEES IN THE CITY'S CONFLICT OF INTEREST CODE Councilmember Mehaffey requested that item 3D be pulled from the Consent Calendar. Councilmember Mehaffey pointed out an error on page 4 of the resolution. City Attorney Taylor stated that it was a typo. MEHAFFEY/WALTONSMITHMQVED TO ADOPT RESOLUTION AMENDING THE CONFLICT OF INTEREST CODE AS AMENDED. MOTION PASSED 5-0. 3E. FINAL ACCEPTANCE OF SUBDIVISION PUBLIC IMPROVEMENTS WITHIN TRACTS 8876, 8896, & 9101 STAFF RECOMMENDATION: Grant final acceptance of the subdivision public improvements and adopt resolutions. TITLE OF RESOLUTION: 36-B-255 RESOLUTION ACCEPTING OFFERS OF DEDICATION TRACT 8876 City Council Minutes I ] September 4, 2002 TITLE OF RESOLUTION: 36-B-256 RESOLUTION ACCEPTING OFFERS OF DEDICATION TRACT NO 8896 • TITLE OF RESOLUTION: 36-B-257 RESOLUTION ACCEPTING OFFERS OF DEDICATION TRACT 9101 Councilmember Mehaffey requested that item 3E be pulled from the Consent Calendar. Councilmember Mehaffey asked what are the benefits to the City excepting maintenance responsibility of the roads. Director Cherbone explained that usually during the tentative map face the developer would determine whether or not the roads in his subdivisions would be public roads. Most roads in subdivisions are cul-de-sacs so the acceptance would only benefit those property owners. MEHAFFEY/BAKER MOVED TO GRANT FINAL ACCEPTANCE OF THE SUBDIVISION PUBLIC IMPROVEMENTS AND ADOPT RESOLUTIONS. MOTION PASSED 5-0. 10. SARATOGA LIBRARY PROJECT PHASE II -SPECIALIZED INSPECTION SERVICES CONTRACT STAFF RECOMMENDATION: Amend the existing contract with Consolidated Engineering Laboratories for additional services. Lorie Tinfow, Assistant City Manager, presented staff report. Assistant City Manager Tinfow explained that Phase II of the Library Expansion Project requires specialized inspections and testing supplemental to City inspectors' expertise. Assistant City Manager Tinfow explained that staff is recommending the Council move to amend the existing contract with Consolidated Engineering Laboratories ties for additional supplemental inspection services needed for Saratoga Library Expansion Project Phase II to reflect an increase of $17,500. The City's existing contract with Consolidated Engineering Laboratories $25,000 to cover inspection and testing services for Phase II. That was an estimate at the time the contract was awarded. Gilbane suggested that the City increase the amount Vice Mayor Baker asked if their contract was a fixed price contract. Assistant City Manager Tinfow explained that they bill the City for time and material basis, but the contract was set at not to exceed $25,000. City Council Minutes ] 2 September 4, 2002 Vice Mayor Baker expressed his concern about the constant budget adjustments for the vazious contractors' contracts. 11 BOGOSLAN/ WALTONSMITH MOVED TO AMEND THE CONTRACT . WITH CONSOLIDATED ENGINEERING LABORATORIES. MOTION PASSED 5-0. BENCHES AND TRASH RECEPTACLES FOR SARATOGA LIBRARY PROJECT STAFF RECOMMENDATION: Accept report and direct staff accordingly. Lorie Tinfow, Assistant City Manager, presented staff report. Assistant City Manager Tinfow explained that six benches and two trash receptacles are included in the contract with Thompson Pacific for the Saratoga Library Project. Additional benches were included in the furniture, fixtures, and equipment budget that aze separate from the bond funds. As the Library Expansion Committee Interior Subcommittee reviewed the style selections for and numbers of each bench specified, they determined that some of the benches were fixed and therefore eligible to be paid for with bond money. In addition, they discovered alternate bench design that was preferred. Assistant City Manager Tinfow explained that the Subcommittee members brought their proposal of 12 benches in the new style plus 2 matching trash receptacles to the full Library Expansion Committee at the July 17 meeting for review and consideration. The preliminary estimated cost of the proposed furniture plan was $18,000. The Library Expansion Committee voted unanimously to recommend to Council the new style of benches and an additional six benches. Assistant City Manager Tinfow explained several options the Council can could consider: • 6 benches 2 trash cans stay as they are • 6 additional original benches @ $4,385 plus shipping • Allow new style be substituted for six benches @ $6420 plush shipping • Substitution of 12 new style benches and two trash cans @ $19, 777 • Defer the decision when we have more information on the budget Mazcia Manzo, Chair/Library Expansion Committee, noted that the bench style that the Expansion Committee chose were sturdy and would fit in with the style of the library. Meanwhile, Chair Manzo stated that the Landscape Architect had chosen a different bench in which the Committee did not like. The bench the Architect chose are plain and in her opinion will not last long. Chair Manzo stated she would like to persuade the Council to buy the best benches now and not regret it later when the cheaper made benches aze falling apart: Chair Manzo stated that the Architect stated hat the benches could be installed later but it probably would cost more. City Council Minutes 13 September 4, 2002 `" Vice Mayor Baker stated that he dose not think the new style bench would outlive the older style. Mayor Streit asked Chair Manzo how the Council could justify a 230% increase in the price difference between the two styles of benches. Chair Manzo suggested that the Council delay the decision until more is known about the budget. Councilmember Bogosian suggested that the Council delay the decision on purchasing benches until the Council knows if funds aze available. Councilmember Mehaffey noted that he likes the new style of benches because they are made out of wood, which is much more comfortable than the metal ones. Although, Councilmember Mehaffey concurred with his colleagues that the decisions should be deferred. Councilmember Waltonsmith noted that she wants to purchase the sturdiest bench, but also feels the decision should wait. Mayor Streit noted that spending money of functional amenities is more important than spending money on aesthetics amenities. Vice Mayor Baker noted that he is against the new style benches because they are . not sturdy. Vice Mayor Baker stated that a four legged bench is much more sturdy than a bench sitting on a pedestal. . Consensus of the City Council directed staff to bring this item back to the Council with more information about the stability and reliability of the new style benches. 12. PROGRAM SUPPLEMENT AGREEMENT -QUITO ROAD BRIDGE REPLACEMENT PROJECT CIP NO 9111 STAFF RECOMMENDATION: Authorize City Manager to execute agreement. TITLE OF RESOLUTION: 02-065 RESOLUTION OF THE CITY COUNCIL APPROVING PROGRAM SUPPLEMENT AGREEMENT NO. 001-M TO ADMINISTERING AGENCY -STATE AGREEMENT FOR FEDERAL-AID PROJECTS NO. 04-5332 Director Cherbone explained that the Quito Road bridge Replacement Project consists of the replacement of tow bridges. This project is aFederal-Aid funded through the Highway Bridge Rehabilitation and Replacement Program (HBRR) The HBRR Program will fund 80% for the cost of the project. The remaining 20% will be shazed equally between the City of Sazatoga, The Town of Los Gatos, and Santa Clara Valley Water District. City Council Minutes ] 4 September 4, 2002 Director Cherbone noted that staff is recommending that Council authorize the City Manger to execute the agreement for Federal-Aid Project 04-5332. MEHAFFEY/BOGOSIAN MOVED TO ADOPT RESOLUTION APPROVING THE PROGRAM SUPPLEMENT AGREEMENT FOR QUITO ROAD BRIDGE. MOTION PASSED 5-0. 9. CONSIDER REQUESTS TO JOIN FRIEND OF THE COURT BRIEFS IN (1) TOPSAIL COURT HOMEOWNERS ASSOCIATION V. SOQUEL CREEK WATER DISTRICT, (2) EASTBURN V. REGIONAL FHtE PROTECTION AUTHORITY, (3) BORDER BUSINESS PARK V. CITY OF SAN DIEGO, (4) CHEVRON U.S.A. V. CAYETANO, (5) KAHN V. EAST SIDE UNION HIGH SCHOOL DISTRICT, (6) RICHMOND V. SHASTA COMMUNITY SERVICES DISTRICT AND (7) SOUTHERN CALIFORNIA GAS COMPANY V. CITY OF SANTA ANA STAFF RECOMMENDATION: Authorize the City of Saratoga to join the friend of the court briefs being prepared in the above-named cases. Richard Taylor, City Attorney, presented staff report. City Attorney Taylor explained that he has broadened the scope of what briefs to bring to the City Council because the League of California Cities has been encouraging cities to enter briefs whenever the issue seems of any relevance to a city. The more cities that sign on to a brief before the court the Baser it is for a court to understand that the issue is of broad importance to local governments. City Attorney Taylor explained each amicus request as follows: Toasail Court Homeowners Association V. Soquel Creek Water District This case arose after Soquel Creek Water District purchased a lot in afour-parcel, single-family residential subdivision where it sought to construct a well along with a treatment plant that would remove contaminants from the extracted ground water. Based on Government Code section 53091 which exempts water production, generation, storage, and.transmission facilities from local zoning, the County of Santa Cruz refused to apply its building and zoning ordinances to the proposed water treatment project. The homeowners association filed suit challenging the zoning exemption, arguing that treatment facilities were not among the types of facilities exempted from local zoning. Noting that the Legislature failed to specify "treatment" facilities in section 53091, the Appellate Court agreed. It applied standard rules of statutory construction and strictly construed the exceptions that did appear in the statute. Because only a liberal interpretation of the language would have permitted the court to conclude that the section 53091 exemptions included water treatment facilities, the court refused to accept the water district's position. City Council Minutes 1$ September 4, 2002 The Water District has requested that the California Supreme Court construe ~ section 53091 broadly and reverse the case. In that event there would be no mechanism to prevent water districts from placing large centralized facilities . wherever they choose. The amicus brief will argue (1) that the statutory construction urged by the Water District would require an expansion of the language beyond what the Legislature logically intended; (2) that the construction of section 53091 urged by the Water District would lead to absurd results and run contrary to established principles of statutory construction; (3) that the Legislature has not indicated that water treatment facilities must be placed in the most cost- efficient location at the expense of the local government's authority to formulate and implement its own land use policies; (4) that the Water District's economic efficiency argument is illusory; and (5) that the legislative history demonstrates the Legislature's intent to enhance, not weaken, local zoning control through section 53091. Eastburn v. Regional Fire Protection Authority This case, pending before the California Supreme Court, will consider whether a public agency should beheld liable for the alleged negligent operation of the 9-1-1 system. The court of appeal held that the plaintiffs could not sue a public agency for providing inadequate service and that Health & Safety Code section 1799.107 (which immunizes emergency personnel for liability unless they are grossly negligent or act in bad faith) applies to 9-1-1 operators. On both points it expressly disagreed with a case from another California appellate court, Ma v. City and County of San Francisco (2002) 95 Ca1.App.4th 488 [115 Ca1.Rptr.2d 544]. The California Supreme granted review in Eastburn, to decide the split in authority between Eastburn and Ma. The Court will consider these core issues: Government Code section 815(a) says that public entities cannot be held liable except by statute. No statute holds public entities directly liable for providing 9-1-1 emergency dispatch services negligently. The plaintiffs argue, however, that a public entity enters in a "special relationship" with each of its constituents requiring it to provide prompt emergency services in response to 9-1-1 calls -and exposing it to liability if is fails to do so. The amicus brief will argue that the law should not be expanded in this way. The amicus brief will further argue that Health & Safety Code section 1799.107 protects 9-1-1 operators and dispatches from liability (and their public entity employers from vicarious liability) for ordinary negligence. This case will affect the liability of all public entities that provide or participate in 9-1-1 dispatch services. Under state law, all public entities must provide or participate in 9-1-1 systems. An appellate decision for the plaintiffs would therefore expose all cities to suit by any citizen who believes the response to a 9-I- 1 call was not fast enough. City Council Minutes 16 September 4, 2002 Border Business Park v. Citv of San Diego A jury awazded the plaintiff in this case more than $90 million in damages because the City engaged in planning for an airport near the plaintiff's property and • adjusted the City's circulation system in a way that increased the amount of traffic adjacent to that property. - The amicus brief will azgue that cities should not be liable for (1) damage to property value that occurs due to local government planning efforts when those efforts do not result in formal action (i.e., a resolution actually approving a project, changing land use or initiating condemnation) and (2) damage for property value that occurs die to changes in the circulation system. The issue is discussed in more detail in the attached letter from the San Diego City Attorney. Chevron U.S.A. v. Cavetano This case is an appeal to the Ninth Circuit Court of Appeals concerning the proper standard of review to be used by the courts when determining whether a government regulation constitutes a taking of property. The U.S. Constitution requires that government regulations must substantially advance a legitimate public interest. Traditionally, the courts have required that an individual challenging a regulation demonstrate that there is no rational basis for the regulation in question. In this case the courts in effect required that the State of Hawaii demonstrate to a jury that the challenged regulation would in fact have the desired effect. The amicus brief will argue that this (1) improperly transfers policy decisions from elected legislators to the courts and (2) violates principles of . federalism which hold that land use decisions should be made at the local level rather than by federal agencies or courts. The issues aze discussed in more detail in the attached letter from the San Francisco City Attorney who will be prepazing the amicus brief. Kahn v. East Side Union High School District This case considers the circumstances under which a public entity is liable for injuries to a swimmer resulting from diving into a swimming pool. Prior to a competition, a swimmer was practicing diving into the pool in preparation for a relay race, and broke her neck. The swimmer contended that she never received training from her coach on how to dive into a three and a half foot pool. The swimmer sued the school district, coach and others for negligence and maintaining a dangerous condition on the property. The trial court and the court of appeal concluded that the school and the coach had no duty to eliminate risks inherent in the sport of competitive swimming. The public entity did not increase the swimmer's risk, and accordingly it is not liable because the swimmer voluntazily assumed any risk of injury by participating in the activity. The case has been appealed to the California Supreme Court, which will decide whether the court of appeal correctly determined that the swimmer should not be able to recover for her injuries. City Council Minutes 17 September 4, 2002 Richmond v. Shasta Community Services District The California Supreme Court will be considering several issues relating to Proposition 218 in this case. The case azises from a challenge to the Shasta Community Service District's adoption of a water connection fee for capital improvements needed to expand the District's facilities to accommodate new users. The court invalidated several portions of the fee. The central issues on appeal are as follows: The court of appeals' discussion of Proposition 218's development fee exemption appears to hold that a particulaz fee must have existed prior to the November 1996 adoption of Proposition 218 to fall within that exception. The language of Proposition 218, however, suggests that only the legal authority for a development fee must have predated the measure for the fee to be exempt. In addition, the ambiguity of the court's discussion will create confusion regazding the applicability of Proposition 218 to other fees. The case invalidated an existing fee imposed to provide fire protection to newly developed property. The court did so based on certain requirements imposed by Proposition 218 but did not first determine whether the fee was subject to Proposition 218 in the first instance. A recent Supreme Court decision indicates that fees of the type invalidated by the court of appeal aze not subject to Proposition 218. The amicus brief will (1) emphasize that a wide spectrum of California local governments (including cities, counties, water districts, community services districts, and fire districts) impose connection charges to defray the cost of expanding capital infrastructure to serve new development; (2) review the law relating to the imposition of development fees and the basis for the development fee exemption in Proposition 218; and (3) remind the Court that Proposition 218 only applies to a specific subset of fees, charges and assessments: fees that are "property-related" and assessments on real property based upon special benefit. This third section of the brief will set forth assessments imposed by local governments. Southern California Gas Company v. Citv of Santa Ana The City of Santa Ana adopted an ordinance requiring that a trench cut fee be paid before anyone could cut trenches into city streets. Southern California Gas Company claimed that it was exempt from the fee due to its 1937 franchise agreement with the city. The trial court ruled against the city, concluding that the trench cut fee constituted an unconstitutional impairment of contract with respect to the gas company's franchise agreement. The case could allow al! franchised utilities to assert that any additional costs imposed upon them by cities, even through a city's valid police power regulation, violate the contracts clause and are impermissible. BAKER /MEHAFFEY MOVED TO JOIN AMICUS BRIEF IN TOPSAIL. COURT HOMEOWNERS ASSOCIATION V. SOOUEL CREEK WATER DISTRICT. MOTION PASSED 5-0. City Council Minutes ] g September 4, 2002 BAKER /MEHAFFEY MOVED TO JOIN AMICUS BRIEF IN EASTBURN ' V. REGIONAL FII2E PROTECTION AUTHORITY. MOTION PASSED 5-0. BAKER /WALTONSMITH MOVED TO JOIN AMICUS BRIEF IN BORDER BUSINESS PARK V. CITY OF SAN DIEGO. MOTION PASSED 4-1 WITH BOGOSIAN OPPOSING. BAKER /WALTONSMITH MOVED TO JOIN AMICUS BRIEF IN CHEVRON U.S.A. V. CAYETANO. MOTION PASSED 5-0. BAKER/BOGOSIAN MOVED TO JOIN AMICUS BRIEF IN KAHN V. EAST SIDE UNION HIGH SCHOOL DISTRICT. MOTION PASSED 5-0. BAKER/MEHAFFEY MOVED TO JOIN AMICUS BRIEF IN RICHMOND V. SHASTA COMMUNITY SERVICES DISTRICT. MOTION PASSED 5-0. BAKER/WALTONSMITH MOVED TO JOIN AMICUS BRIEF IN SOUTHERN CALIFORNIA GAS COMPANY V. CITY OF SANTA ANA. MOTION PASSED 5-0. Vice Mayor Baker thanked City Attorney Taylor for broadening the scope of amicus briefs to bring Council because the general trend he sees so clearly in this session of the legislature is more and more taking of municipal powers, control and authority over their own jurisdictions and unless the cities continue to stand together it will become all regional and state authority with no authority within your own municipality at all. AGENCY ASSIGNMENT REPORTS Councilmember Mehaffey reported the following information: KSAR -finished details on Angel Program, which is a program to get donations from community businesses to sponsor programs. Also, the Board discussed the AT&T settlement in order to possibly reallocate the funds. Councilmember Bogosian reported the following information: SVACA -reviewing the CIP and going over the cost imposed to each City for their share of the shelter. Library JPA -September 12, 2002 a special meeting is scheduled to discuss recommendations for the process for hiring of the new County Librarian. Vice Mayor Baker reported the following information: Emereencv Plannine Council -meets on October 4, 2002 fortunate he will be out of town and asked if Councilmember Waltonsmith could attend. West Valley Sanitation District - on September 25, 2002 the District will be holding a hearing on Proposition 218 to protest the proposed rate increase. The hearing will be held at the Campbell City Hall. Also, at the California Association of Sanitation Agencies the District was awazded the only awazd in the state for their imaginative innovation among all sanitation agencies in California for their employee motivation and profit sharing incentive program City Council Minutes 19 September 4, 2002 Mayor Streit reported the following information: Chamber of Commerce - he and Councilmember Bogosian have been continuing the ongoing meeting with the Chamber regarding their agreement with the City. Hakone Foundation -completed redesigned the board members. CITY COUNCIL ITEMS Councilmember Mehaffey noted that his neighborhood has some concerns regarding the interpretations of side yard setbacks and requested that this item be referred to the Planning Commission. Consensus of the Council to refer side yard setback to the Planning Commission. Councilmember Waltonsmith asked if any Councilmembers were going to attend the SCC Sheriff s Department "Best of the West" event on Friday, September 27, 2002. Councilmember Bogosian stated he was going on Friday. Mayor Streit replied that he and the City Manager were attending the event. Referring to a letter Council received from Mr. and Mrs. Bianco, Vice Mayor Baker asked staff to find out if it was a bicyclist or a motorcycle rider. Vice mayor Baker stated that the City should direct the Sheriff to up the enforcement on Big Basin Way. City Manager Anderson stated that he has already requested the report from the Sheriff s Office. Referring to the writer of a letter to the editor in the Saratoga News accusing the Council of illegal activities regarding the church property. Unfortunately, Vice Mayor Baker explained that the view was then reflected in the editorial. Vice Mayor Baker stated he would like to know where his colleagues stand and what their position should be to respond to the editorial. Councilmember Mehaffey suggested the Mayor and the Vice Mayor draft the letter. City Attorney Taylor explained that the rest of the Council could not sign a letter written by the Mayor and Vice Mayor only if it came back to the Council in open session. Councilmember Bogosian stated that he would support a letter written by any member of the Council. Mayor Streit stated that he and Vice Mayor Baker would go forward with a letter to the Saratoga news. OTHER None City Council Minutes 20 September 4, 2002 CITY MANAGER'S REPORT None ADJOURNMENT There being no further business Mayor Streit adjourned the meeting at 10:50 p.m. Respectfully submitted, Cathleen Boyer, CMC City Clerk City Council Minutes 21 September 4, 2002 SARATOGA CITY COUNCIL MEETING DATE: October 16, 2002 ORIGINATING PREPAREIyB'P: SUBJECT: City Manager AGENDA ITEM: CITY MANAGE ~ DEPT HEAD: RECOMMENDED ACTION: Approve minutes. REPORT SUMMARY: Approve minutes as submitted for the following City Council Meeting: Regular meeting -October 2, 2002 FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: Retain minutes foi legislative history. ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: Attachment A -Minutes October 2, 2002 MINUTES SARATOGA CITY COUNCIL OCTOBER 2, 2002 The City Council of the City of Sazatoga met in Closed Session, Administrative Conference Room, 13777 Fruitvale Avenue at 5:30 p.m. Conference With Legal Counsel -Existing Litigation (2 cases) (Government Code section 54956.9(a)) Name of case: City of Sazatoga v. West Valley-Mission Community College District (California Court of Appeal, Sixth Appellate District No. H022365) Name of case: Sazatoga Fire Protection District v. City of Sazatoga (Santa Clara County Superior Court No. CV-803540) Conference with Legal Counsel - Initiation of litigation (Gov't Code Section 54956.9(c): (1 potential case) Conference with Legal Counsel -Threatened litigation (Gov't Code 54956.9(b): (2 potential cases) MAYOR'S REPORT ON CLOSED SESSION - 7:00 p.m. Mayor Streit reported there was Council discussion but no action was taken. Mayor Streit called the Re ulg ar City Council meeting to order at 7:00 p.m. and requested Dave Anderson, City Manager, to lead the Pledge of Allegiance: ROLL CALL PRESENT: Councihnembers Stan Bogosian, John Mehaffey, Ann Waltonsmith, Mayor Nick Streit ABSENT: Vice Mayor Evan Baker 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 .REPORT OF CITY CLERK ON POSTING OF AGENDA FOR OCTOBER 2, 2002 Cathleen Boyer, City Clerk, reported that pursuant to Government Code Section 54954.2, the agenda for the meeting of October 2, 2002 was properly posted on September 27, 2002. COMMUNICATIONS FROM COMMISSIONS & PUBLIC ORAL COMMUNICATIONS The following person requested to speak at tonight's meeting: Bert Martel, 14420 Fruitvale Avenue, explained that he lived next door to West Valley College. Refemng to the West Valley Sanitation Project along Allendale Avenue, Mr. Martel stated that truck loads of some type of brown substance was being dump on West Valley property next to his fruit orchard. Mr. Martel stated that he feels the substance could contain ecoli and is damaging his orchard. Mr. Martel requested that the City Council visit the site. Mr. Martel added that the Ciyt, West Valley College, nor West Valley Sanitation District never informed him that the dumping would occur. Cathy Zang, 1286 Hazelnut Court, San Jose, requested that the City Council issue a supporting the month of October "California Falun Dafa month" Holly Davies, 14478 Oak Place, referred to a fax that Mitch Cutler sent to the City and to her. Ms. Davies defended her actions Mr. Cutler stated in his fax. Ms. Davies stated that • when New Life Tree Service was cutting her tree, on her property, she yelled at them to leave. Bill Breck, 20375 Sazatoga-Los Gatos Road, noted that this was his 10`h time before the Council. Mr. Breck stated that he agreed with the comments made by Ms. Davies. Mr. Breck stated that he is again requesting the City impose penalties on all of the tree violations committed by Mr. Cutler. Mr. Breck stated that the City needs better communications. Out of the twenty protected trees azound Mr. Cutler's project 13 trees have been damaged. Mr. Breck asked why new permits have been issued to Mr. Cutler. John Mallory, 12258 Kirkdale Drive, requested that the City sponsor and fund some type of patriot event in the City of Saratoga. COMMUNICATIONS FROM BOARDS AND COMMISSIONS None WRITTEN COMMUNICATIONS None October 2, 2002 COUNCIL DIRECTION TO STAFF Mayor Streit requested that John Cherbone, Public Works Director, give a brief report regarding the issues Mr. Martel reported. Director Cherbone stated that City staff was unaware of the issue. As soon as Mr. Martell made staff aware staff visited the site and stopped the activity and asked them to cease all future activity. Director Cherbone noted that the District has agreed to remove all debris and sludge and has agreed to do testing of the soil to make sure there is no contamination. Director Cherbone noted that the District is fully cooperating at this time. Mayor Streit requested that Tom Sullivan, Community Development Director, give a brief report in regards to the issues Ms. Davies and Mr. Breck brought up. Director Sullivan explained at Mr. Cutler project currently has two stop work orders on it and two other permits that are still active. In regards to the first stop work order for the 190-foot wall that was built by Ms. Davies property because of the height and footings the City issued a notice of intend to record the violation which puts a clout on the title. Mr. Cutter had the right to appeal it and he has and will be heard on Nov 14, 2002 by the City's Hearing Officer In regards to the stop work order for the 300-foot wall within ten feet of any protected oak trees. The Planning Commission recently adopted a resolution that addresses that with several provisions. The Planning Commission directed the City's Arborist, Barry Coates to do an inspection of the trees. Mr. Coates was there a week ago Monday and his draft report is near completion. Mr. Coates will bring back a remediation plan to Planning Commission to discuss implementation. Mr. Coates Barry is also addressing how and where the soil that was placed there as fill is going to be removed. Director Sullivan explained that if Mr. Cutler ignores further direction from the Planning Commission notice him of intent to record the violation and move forward from them probably through the appeal process and if we are successful with the appeal the violation would be recorded. Director Sullivan explained that in regards to the tree citation that was issued by Code Enforcement - it was settled by virtue of a replacement and maintenance agreement that has been recorded. Mr. Cutler has agreed to replant six trees of a certain size and would be inspected by the Mr. Coates. Councilmember Bogosian asked City Attorney Taylor if there are civil legal remedies that the neighbors could pursue regarding alleged trespassing on their property that would be available to them outside anything the city can do. City Attorney Taylor responded yes. None October 2, 2002 CEREMONIAL ITEMS lA. PROCLAMATION DECLARING THE WEEK OF October 13-19, 2002 ~~TEEN READ WEEK" STAFF RECOMMENDATION: Read proclamation. Mayor Streit read the proclamation and presented it to Jodie Wiepking, Children's Librarian. Ms. Wiepking thanked the City for the proclamation and introduced several teen volunteers who each shared their favorite book. PUBLIC HEARINGS 3. MINOR AMENDMENT TO TREE REGULATION STAFF RECOMMENDATION: Open public hearing; close public hearing; waive the first reading; place on next agenda for adoption. Tom Sullivan, Community Development Director, presented staff report. Director Sullivan explained that City Staff and the Captain Bacon of the Santa Clara County Sheriff's Department have discussed simple methods that would ease their enforcement of City Tree Removal regulations. The proposed ordinance amendment is the result of that discussion. Director Sullivan explained that the proposed ordinance would require anyone removing anordinance-protected tree to be able to produce a copy of the approved permit. If the person removing the tree(s) cannot produce a copy of the permit, the Sheriff Deputy or Code Enforcement Officer will then be able to shut the job down. Director Sullivan noted that in the past Sheriff Deputies have been reluctant to do so as they did not feel they had a Municipal Code section to back them up. This amendment will provide them with sufficient ordinance authority. A discussion amongst the City Council took place regarding the future rewrite of the Tree Ordinance. Director Sullivan explained the process and the dates it would be before the Planning Commission. Mayor Streit opened the public hearing at 7:50 p.m. Bill Breck, 20375 Saratoga-Los Gatos Road, stated that he generally supports the proposed ordinance, but stated he felt the ordinance needed more practical guidelines. October 2, 2002 Mayor Streit closed the public hearing at 7:54 p.m. WALTONSMITH/BOGOSIANMQVED TO WAIVE THE FIRST READING AND PLACE ON NEXT AGENDA FOR ADOPTION. MOTION PASSED 4-0-0-1 WITH BAKER ABSENT. 4. MINOR AMENDMENT TO SECTION 15-19.020 REGARDING SOUND WALL REQUIREMENTS STAFF RECOMMENDATION: Open public hearing; close public hearing; waive the first reading; place on next agenda for adoption. Tom Sullivan, Community Development Director, presented staff report. Director Sullivan explained that the City Council had previously referred this item to the Planning Commission for their study and recommendations after the hearing involving Dr. Oliver. Director Sullivan explained that currently Section 15-19.020 (f)(4) of the Zoning Ordinance allows sound walls to be required by the Planning Director or the Planning Commission upon a determination that such a fence or wall is needed t mitigate noise or other adverse impacts of commercial activities. This zoning code section does not address the approval or materials and design for aesthetic reasons. The proposed ordinance amendment would allow for the Director or Planning Commission to consider the design and material in the approval process. MEHAFFEY/WALTONSMITH MOVED TO WAIVE THE FIRST READING AND PLACE ON NEXT AGENDA FOR ADOPTION. MOTION PASSED 4-0-0-1 WITH BAKER ABSENT. OLD BUSINESS 5. APPROVAL OF MEMORIAL ARCH LOCATION STAFF RECOMMENDATION: Approve recommended location of Memorial Arch. John Cherbone, Public Works Director, presented staff report. Director Cherbone explained that at the September 4, 2002 City Council meeting Council approved the fonnation of a task force represented by members of the Heritage Commission, the Arts Commission, and the Saratoga Historical Foundation to help determine the best placement of the Memorial Arch in Blaney Plaza in connecting with the Saratoga Fire District Project and to review the development of a master plan for the future redevelopment for Blaney Plaza. Tom Lowdermilk, Heritage Preservation Commission, referring to a picture he passed out to the council Mr. Lowdermilk stated that he believes the are from $ October 2, 2002 1919-1946, the Arch is facing out towazds the Gateway Project. Mr. Lowdermilk requested that the Arch be placed in the plaza much like it was in 1919. Mr. Lowdermilk also requested that the Council approve moving a 1946 flagpole and a • bronze plaque. Director Cherbone noted that his staff could move the plaque and the flagpole with minimum costs. Councilmember Bogosian requested that when the Arch is moved city staff videotape it for historic purposes. BOGOSAIN/WALTONSMITH MOVED TO ACCEPT RECOMMENDED PLACEMENT OF THE MEMORIAL ARCH TN BLANEY PLAZA - INCLUDING MOVING THE FLAGPOLE AND THE PLAQUE. MOTION PASSED 4-0-0-1 WITH BAKER ABSENT. NEW BUSINESS 6. SAFETY NET EXTENSION AT CONGRESS SPRINGS PARK STAFF RECOMMENDATION: Adopt resolution. TITLE OF RESOLUTION: 02-075 RESOLUTION OF THE CITY COUNCIL AMENDING THE 2002-2003 BUDGET FOR AN APPROPRIATION OF $60,000 FOR THE SAFETY NET EXTENSION AT CONGRESS SPRINGS PARK John Cherbone, Public Works Director, presented staff report. Director Cherbone explained when Congress Springs was.redesigned n 2001, the tennis courts were removed and replaced by two Farm League baseball diamonds. Although the fields aze directed away from the soundwall, it is still foreseeable that a foul ball could make its way over the wall an into the freeway traffic. This potential situation will be mitigated by continuing the existing safety netting along the soundwall to the end of the pazk. BOGOSAIN/WALTONSMITH MOVED TO ADOPT RESOLUTION TO EXTEND SAFETY NET AT CONGRESS SPRINGS PARK MAKING THE APPROPRIATIONS OUT OF THE GENERAL FUND UNALLOCATED RESERVE. MOTION PASSED 4-0-0-1 WITH BAKER ABSENT. CONSENT CALENDAR 2A. APPROVE COUNCIL MEETING MINUTES REGULAR MEETING -AUGUST 7, 2002 • STAFF RECOMMENDATION: Approve minutes. 6 October 2, 2002 ~.J Councilmember Mehaffey requested that Item 2A be pulled from the Consent Calendar. Councilmember Mehaffey page 11, 4th paragraph replace the word "which" to "and that". MEHAFFEY/ WALTONSMITH MOVED TO APPROVE COUNCIL MINUTES Of AUGUST 7, 2002 AS AMENDED. MOTION PASSED 4-0-0-1 WITH BAKER ABSENT. 2B. REVIEW OF CHECK REGISTER STAFF RECOMMENDATION: Approve check register. WALTONSMITH/BOGOSIANMQVED TO APPROVE THE CHECK REGISTER. MOTION PASSED 4-0-0-1 WITH BAKER ABSENT. 2C. REVIEW PLANNING COMMISSION ACTION MINUTES - SEPTEMBER 25, 2002 STAFF RECOMMENDATION: Note and file. i WALTONSMITH/BOGOSIAN MOVED TO NOTE AND FILE THE PLANNING ACTION MINUTES OF SEPTEMBER 25.2002. MOTION PASSED 4-0-0-1 WITH BAKER ABSENT. 2D. CONSTRUCTION AND DEMOLITION DEBRIS ORDINANCE STAFF RECOMMENDATION: Adopt ordinance. TITLE OF ORDINANCE: 210 ORDINANCE AMENDING THE SARATOGA CITY CODE CONCERNING CONSTRUCTION AND DEMOLITION DEBRIS RECYCLING WALTONSMITH/BOGOSIANMQVED TO ADOPT CONSTRUCTION AND DEMOLITION ORDINANCE. MOTIOPd PASSED 4-0-0-1 WITH BAKER ABSENT. AGENCY ASSIGNMENT REPORTS Councilmember Mehaffey had no reportable information. Councilmember Waltonsmith reported the following information: Sister City, Committee -requested that the City arrange a meeting between the Sister City Committee and Hakone Foundation. October 2, 2002 Historical Foundation - had a party this past weekend to celebrate the ground breaking of their new addition. Councihnember Bogosian reported that following information: Library JPA -met last month and developed the criteria for the selection process for the new County Librarian. SAVACA -met last night and the Board has agreed to grant the City of Sunnyvale a 30- day extension in order for them to get all of their concerns and questions answered. Mayor Streit had no reportable information. CITY COUNCIL ITEMS Councilmember Bogosian requested that the Mayor prepare a proclamation for Falong Gong month. Councilmember Waltonsmith noted that she supported Councilmember Bogosian request. Councilmember Bogosian noted. that the Village Green Neighborhood Association meetings regarding traffic mitigation have been going well. Councilmember Waltonsmith requested that the City help the Sister City Committee arrange a meeting with Hakone Foundation. OTHER City Manager Anderson stated that he and Councihmember Waltonsmith would be out of town at the League of California Cities Annual Conference in Long Beach California. They would be returning late Friday night. CITY MANAGER'S REPORT None ADJOURNMENT There be no further business Mayor Streit adjourned the meeting at 8:25 p.m. Respectfully submitted, Cathleen Boyer, CMC City Clerk October 2, 2002 SARATOGA CITY COUNCIL MEETING DATE: October 16, 2002 AGENDA ITEM: ORIGINATING DEPT: Administrative Services CITY MANAGER: ~ ~-' PREPARED BY: TIL -~- DEPT HEAD: SUBJECT: Check Register: 9126/02 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 FOLLOW UP ACTION(S): None ADVERTISING, NOTICING AND PUBLIC CONTACT: None ATTACHMENTS: Check Register Certification. L Fund# Fund Name Date Manual Void Total I 9/26/2002 Checks Checks AP CHECKS A90292-90439 1 GENERAL 76,490.70 9,637.35 100 COPSSLESF 110 Traffic-Safety 150 Streets & Roads- 72,839.02 160 Transit Dev 170 Hillside Repair 180 LLA Districts 10,630.31 250 Dev Services 13,392.67 260 Environmental 6,827.33 270 Housing & Comm 7,050.00 290 Recreation 6,143.22 2,580.00 291 Teen Services 25.00 221.96 292 FacilityOps 1,152.50 293 Theatre Surcharge - 300 State Park 310 Park Develpmt 2,741.97 320 Library Expansion 598,708:50 _ 352 Infrastructure 14,617.39 353 Facility 630.00 354 Park and Trail 54,775.84 400 Library Debt 410 Civic Cntr COP 420 Leonard Creek 700 Quarry Creek 710 Heritage Prsvn 720 Cable N 1 730 PD #2 740 PD #3 800 Deposit Agency 1,740.00 810 Deferred Comp 830 Payroll Agency 990 SPFA 31 PAYROLL CHECKS: 828410-28452 TOTAL rlr-``~- /D%G-D~ Apr-99 ~ P P w a W N O W N W N a o .. -+ a z W p O O W O d O O 0 Y O «1 A N N O O O O O O p a N V I p O O O C O O N N UI O O V I O m C F r O 1(1 O N O O N N 'O (.~ . 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O S a q q om co q w mmm qma z z wwW ~a z g w~ zwF w w m F W W w a W a w ^qq wxo > rc > ]~wwF > R > F > Q4K >mF a v H m '2 H a y mc££ ~ a~ o vFihai F a zwaau w aaa o u ou viaap u q maa FU 00 Nrl O O O O p Nm'1 O 000 M N N N N M N N C 'I N N N p Pp N NYI ONm1(1 OO ppNN'i N 00000 .+.+ppp .~ooo ~~ N OONNN H N OOri N N N N ry N N N N N N O O O O O O O O O O N N NNN N N N N N N p p p p a p m p m m m N N NNN N N N N N N \ \\\\\ \ \ \\\ m T m q 01 P m O O O O O O O O O O O a m p £ O m > N 3 Np HNmON wmw''V mM mrmm N .a]N 111 I(1C VIm 'aN F1m mM1l1p N a H H 'I H ei M .•ZZ 'i '~' H Fl N 'i H W O O O O O W O U O a O O O - ~] ~E00000 MO 0000 a qo U HO £ > 3 h ~ O £ N 5 O ~ C w 3 3 3 i~ N N m m m N M p p O O O O m ui n~ b Nmmo on oNNNNN m or pmmm off .+ oo~ p ~n 0 orv orrr rte ~v~ OOp ob 0 om oppppp om Obbb 0 o am 0 0 0 0 0 0 -;Iw _~ SARATOGA CITY COUNCIL MEETING DATE: October 16, 2002 ORIGINATING DEPT: AS's/PW's AGENDA ITEM: ~ ' CITY MANAGER: C~~GG`~-- PREPARED B~~=''~~ .DEPT HEA ~_i~ SUBJECT: Multi-year Budget Amendment to Carryover 2001/02 CIP's RECOMMENDED ACTION(S): Approve resolution to carry over ongoing capital improvement projects that were budgeted in the 2001/02 Operating Budget to the Multi-yeaz Capital Improvement Program Budget. REPORT SUMMARY: The accompanying resolution presents projects that were budgeted in the Annual. Operating Budget of the Street and Development Fund with appropriations that lapsed at fiscal year end, June 30, 2002. Since these projects are ongoing and may even extend beyond the next fiscal year, a re-appropriation is necessazy to provide continued budget authority. The multiple-yeaz budget will provide the proper budget authority till project completion. FISCAL IMPACTS: The following capital improvements are to be re-established in the multiple-year CIP Budget were appropriations lapse at project completion: Appropriation Fund Source Public Safety Proiects Saratoga-Sunnyvale/Seagull Traffic Signal $ 152,500 Development Fund $120,000 Street Fund $32,500 Quito Road Bridge Replacement 2,335,000 Street Fund $155,666 Federal Grant $1,868,000 , Local Match $311,334 Infrastructure Proiects Citywide Traffic Signal Upgrades 508,024 Local Match $73,024 State $50,000 Federal Grant $385,000 EI Camino Grande/Monte Vista Storm Drain Imp. 330,000 Street Fund $330,000 Saratoga-Sunnyvale Road "Gateway" Imp. 2,880,000 CAL Trans $2,000,000 VTA $880,000 Total CIP $ 6,186,205 r CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): The consequence of not approving the resolution would prevent the completion of ongoing projects, previously approved the by City Council, from lack of budget authority. ALTERNATIVE ACTION(S): Prohibit the progress of ongoing Street projects will obligate the City to return any grant monies received, rescind on any established agreements, and force the City to incur losses for the amount invested to-date. FOLLOW UP ACTION(S): Accept the report, approve the resolution and amend the multiple-yeaz budget with the ongoing Street capital improvements that were already approved in the 2001/02 Operating Budget. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: Resolution -Amending the multiple-yeaz CIP to include ongoing projects approved in the 2001/02 Operating Budget. 2of2 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA AMENDING THE MULTIPLE YEAR CAPITAL IMPROVEMENT PROJECT (CIP) BUDGET TO INCLUDE THE CARRYOVER OF AUTHORIZED PROJECTS EXPIRED FROM THE FISCAL YEAR 2001/02 OPERATING BUDGET WHEREAS, On June 30, 2002, the City of Saratoga ended its 2001/02 fiscal year where the appropriations had lapse at the end of that fiscal year; and WHEREAS, the Operating Budget for that year included CIP's where the appropriations had also lapsed at fiscal year end, even though actual project length extends beyond the 2001/02 fiscal year; and WHEREAS, the need to re-establish certain CIP's with a project length is necessary since projects are currently ongoing and may also extend beyond the next fiscal year; and WHEREAS, a lack of future budget authority could prevent the project from becoming completed. NOW, THEREFORE, the City Council of the City of Saratoga hereby approves as follows: Re-establish Certain CIP's Authorized in the 2001/02 Operatine Budget in the Multiale- Year CIP Budget The following CIP's are re-established in multiple-year CIP budget where the related appropriations will lapse at project completion: Appropriation Fund Source Public Safety Protects Saratoga-Sunnyvale/Seagull Traffic Signal Quito Road Bridge Replacement 152,500 Development Fund $120,000 Street Fund $32,500 2,335,000 Street Fund $155,666 Federal Grant $1,868,000 Local Match $311,334 Infrastructure Protects Citywide Traffic Signal Upgrades El Camino Grande/Monte Vista Storm Drain Imp. Saratoga-Sunnyvale Road "Gateway" Imp. 508,024 Local Match $73,024 State $50,000 Federal Grant $385,000 330,000 Street Fund $330,000 2,880,000 CAL Trans $2,000,000 VTA $880,000 Total CIP $ 6,186,205 J The above and foregoing resolution was passed and adopted at an adjourned meeting of the Saratoga City Council held on the _ day of , 2002 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Nick Streit, Mayor ATTEST: Cathleen Boyer, City Clerk P C~Iy C~ SARATOGA CITY COUNCIL MEETING DATE: October 16, 2002 AGENDA ITEM: ORIGINATING DEPT: Administrative Services CITY MANAGER: ^/~~ PREPARED BY ~~ DEPT IIEAD: y/S~ SUBJECT: Revision to the 2002-2003 Appropriation (GANN) Limit RECOMMENDED ACTION(S): Approve the Resolution revising the fiscal year 2002-03 appropriation limit. REPORT SUMMARY: The Resolution sets the City's Appropriation (Gann) Limit for Fiscal Year 2002-03 at $23,092,833, which is 0.62% higher than last yeaz's limit, in accordance with Article XIIIB of the State Constitution. The factors used to calculate changes to the prior yeaz's Gann Limit aze provided by the State Department of Finance and the worksheet showing the history of the limit since it was first required to be established is attached to the Resolution. The minor change reflects the Auditor's recommendation that the City use the higher percentage change between the City's rate and the County's rate. FISCAL IMPACTS: None. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): Recommendation by the Auditor's would not be followed. ALTERNATIVE ACTION(S): None. i. FOLLOW UP ACTION(S): None. ADVERTISING, NOTICING AND PUBLIC CONTACT: None. ATTACHMENTS: Resolution amending the 2002-2003 appropriation limit. U 2of2 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA ESTABLISHING THE FISCAL YEAR 2002-03 APPROPRIATION LINIIT FOR THE CITY OF SARATOGA WHEREAS, the City of Sazatoga has established its Base Year appropriation limit as $5,961,747; and WHEREAS, the cumulative changes to population and to the California per capita personal income since the Base Yeaz established the revised Proposition 111 Fiscal Year 2001-02 Appropriation Limit as $22,950,540; and WHEREAS, to the best of the City's knowledge and belief, the State Department of Finance figures provided to the City in response to Proposition 111 passed by the voters in June 1990, reflect the appropriate statistics relevant to the calculation of the Fiscal Year 2002-03 Appropriation Limit: Population adjustments for the year ended December 31, 2001, equals 1.91%; and Per capita change in California personal income determined for Fiscal Yeaz 2002-03 equals -1.27%. S NOW, THEREFORE, the City Council of the City of Sazatoga hereby resolves that, based on the foregoing figures and the provisions of Article XIIIB of the Constitution of the State of California, the following figure accurately represents the Fiscal Year 2002-03 Appropriation Limit for the City of Saratoga: $23,092,833 The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the 16th day of October, 2002, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Nick Streit, Mayor Cathleen Boyer, City Clerk CITY OF SARATOGA Gann Limit Appropriation Fiscal Year Population Change Personal Income Change Gann Limit %Change 1978 - 79 BASE YEAR $5,961,747 1979 - 80 -0.87% 10.17% $6,510,915 9.21% 1980 - 81 1.54% 12.11% $7,411,797 13.84% 1981 - 82 0.19% 9.12% $8,103,119 9.33% 1982 - 83 1.88% 6.79% $8,816,004 8.80% 1983 - 84 0.15% 2.35% $9,036,715 2.50% 1984 - 85 0.10% 4.74% $9,474,520 4.84% 1985 - 86 -0.73% 3.74% $9,757,116 2.98% 1986 - 87 0.16% 2.30% $9,997,500 2.46% 1987 - 88 0.63% 3.47% $10,409,583 4.12% 1988 - 89 1.19% 4.66% $11,024,317 5.91% 1989 - 90 1.33% 5.19% $11,750,712 6.59% 1990 - 91 1.35% 4.21% $12,410,730 5.62% 1991 - 92 1.31% 4.14% $13,093,845 5.50% 1992 - 93 1.48% -0.64% $13,202,594 0.83% 1993 - 94 1.71% 2.72% $13,793,609 4.48% 1994 - 95 1.60% 0.71% $14,113,809 2.32% 1995 - 96 3.30% 4.72% $15,267,720 8.18% 1996 - 97 1.08% 4.67% $16,153,314 5.80% 1997 - 98 2.89% 4.67% $17,396,306 7.69% 1998 - 99 2.12% 4.15% $18,502,359 6.36% 1999 - 00 1.73% 4.53% $19,675,107 6.34% 2000-01 1.63% 4.91% $20,977,606 6.62% 2001 - 02 1.47% 7.82% $22,950,540 9.40% 2002 - 03 1.91% -1.27% $23,092,833 0.62% Recalculated under Proposition 111 as passed by the voters in June 1990. Source for revised CPI and population growth: State Department of Finance, Demographic Research Unit. As a result of the Proposition 111 audit, this calculation has been corrected for 1992-93 forward to reflect greater of County or City population change. !t SARATOGA CITY COUNCIL MEETING DATE: October 16, 2002 DEPT: Community Development AGENDA ITEM: CITY MANAGE ~ ~ J PREPARED BY: Kristin Borel DEPT HEAD: SUBJECT: Planning Commission Actions, October 9, 2002 RECOMMENDED ACTION(S): Note and file. REPORT SUMMARY: Attached are the Planning Commission Action Minutes of October 9, 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 t: CITY OF SARATOGA PLANNING COMMISSION ACTION MINUTES DATE: Wednesday, October 9, 2002 - 7:00 p.m. PLACE: Council Chambers/Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA TYPE: Regular Meeting ROLL CALL: Cormnissioners Barry, Garakani, Hunter, Kurasch, Roupe, Zutshi and Chair Jackman Absent: None Staff: Planners Oosterhous, Livingstone &t Welsh, Director Sullivan and Minutes Clerk Shinn PLEDGE OF ALLEGIANCE MINUTES: Draft Minutes from Regular Planning Commission Meeting of September 25, 2002 (APPROVED 7-0) ORAL COMMUNICATIONS -Any member of the Public will be allowed to address the Planning Commission for up to three minutes on matters not on this agenda The law generally prohibits the Planning Commission from discussing or taking action on such items. However, the Planning Commissionmay instructstaffaccordingly regardingOral Communications underPlanningCommissiondirection toStaff. REPORT OF POSTING AGENDA Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on October 3, 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 - None PUBLIC HEARINGS All interested persons may appeaz and be heazd at the above time and place. If you challenge a decision of the Planning Commission pursuant to a public hearing in court, you may be limited to raising only those issues you or someone else raised at the public hearing(s) described in this agenda, or in written correspondence delivered to the Sazatoga 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 #02-013 (503-69-02) - AMINI-MOAZENI,13815 Pierce Road; -Request for Design Review to demolish an existing single story house and construct a new two story house with 6,099 square feet on the main and upper levels and 2,569 square feet in the basement. The property is a 1.72 acre lot in the Hillside Residential District. The height of the structure will be 26 feet. (WELSH) (Continued from 9/11/02) (APPROVED 6-1, KURASCH OPPOSED) 2. APPLICATION #02-176, (Reconsideration of DR-O1-006, TUP-Ol-003, and UP-O1-002 and related applications) (APN's 397-22-017, 397-22-019, 397-22-015, 397-22-012, ~ 397-22-042) - SARATOGA FIRE DISTRICT, 14380 Saratoga Avenue &'t 20473 Saratoga-Los Gatos Road: - Request for Conditional Use Permit, Design Review, Lot Line Adjustment, and General Plan Conformity Determination for vacation and abandonment of George Whalen Way (City alley located behind the existing fire station) and transfer of Heritage Plaza property from the Ciry to the Saratoga Fire Protection District for a new fire station with variations to setback and landscape standards. Existing fire station and building at 14380 Saratoga Avenue proposed to be demolished, temporary facilities proposed to be located at 20473 Saratoga Los Gatos Road during construction of new fire station proposed for 14380 Saratoga Avenue. (LIVINGSTONE) (Continued from 9/25/02) (DENIED 3-3, JACKMAN RECUSED, BARRY, GARAKANI, KURASCH OPPOSED) 3. DR-O1-035, UP-O1-013, ED-O1-002 (393-25-022) ST.ANDREWS PARISH AND SCHOOL; 13601 Saratoga Avenue; -The applicant requests design review and use permit approval to construct new facilities for St. Andrew's School and Parish. The Planning Commission will take public testimony and will conduct a formal discussion of issues. The Planning Commission will not take action to approve or deny the project at this time. The proposed project includes the demolition of existing buildings and the construction of the following facilities: Performing Arts/Gymnasium, Sunday School Rooms, Administration Offices, Classrooms, Clergy Offices, Parish Center, and a Bell Tower. The project also includes: a memorial garden, covered walkways, an outdoor eating area, re-grading and reconfiguring the parking lot and eliminating off-site queuing. New building construction will total 72,345 square feet and will include six new structures. The existing sanctuary is to remain. (OOSTERHOUS) (CONTINUED 7-0 TO OCTOBER 23, 2002) 4. APPLICATION #02-197 (CITYWIDE) -CITY OF SARATOGA; -The proposed Zoning Ordinance Amendment would revise side yazd setback requirements for structures over 18 feet in height in .the R-1-10,000. R-1-12,500, R-1-15,000 and the R-1-20,000 Districts. (SULLIVAN) (CONTINUED 7-0 TO OCTOBER 23, 2002) COMMISSION ITEMS Commissioner's sub-committee reports COMMUNICATIONS WRITTEN - City Council Minutes from Regular Meetings on August 7, 2002 ADJOURNMENT TO NEXT MEETING - Saturday, October 12, 2002, at 9:00 a.m, in the Administrative Conference Room 13777 Fruitvale Avenue, Saratoga, CA If you would like to receive the Agenda svia e-mail, please send your e-mail address to planning@sarato a.ca.us SARATOGA CITY COUNCIL MEETING DATE: October 16, 2002 AGENDA ITEM: ORIGINATING DEPT: Community Development PREPARED BY: Thomas Sullivan, AICP CITY MANAGER: ~~Gl~~-~--. DEPT HEAD: ,_ SUBJECT: Minor Amendment to Tree Regulation RECOMMENDED ACTION: Waive second reading and adopt the Ordinance REPORT SUMMARY: The City Council conducted a Public Heazing and gave first reading to the proposed amendment to the Tree Regulations at its October 2, 2002 meeting. The Gity Council directed Staff to place the matter on the October 16, 2002 Consent Calendar for second reading and adoption. City Staff and Captain Bacon of the Santa Clara County Sheriff Deparanent have met to discuss simple methods that would ease their enforcement of City Tree Removal regulations. The proposed ordinance amendment is the result of that discussion. This amendment will require anyone removing an ordinance-protected tree to be able to produce a copy of the approved permit. If the person removing the tree(s) cannot produce a copy of the permit, the Sheriff Deputy or Code Enforcement Officer will then be able to shut the job down. In the past the Sheriff Deputies have been reluctant to do so as they did not feel they had a Municipal Code section to back them up. This amendment wiIl provide them with sufficient ordinance authority. The proposed amendment is the addition of a new clause or section. The proposed language of the amendment is as follows: "IS-50.130 Possessionofan.4pprovedTreeRernovalPermit A person or f!rm removing an ordinance protected tree as defined in section IS-SO.OSO shall have in their possession a copy ofan approved Tree Removal Permit. Upon request ofa peace officer, City of Saratoga Code Enforcement Officer, or other City Official a person orfnm removing as ordinance protected tree shall produce the approved Tree Removal Permit. All activity shall be suspended until a permit caa be produced " T' On September 11, 2002, the Planning Commission adopted a Resolution recommending that the City Council adopt the ordinance amendment following conducted an advertised Public Hearing. There was minimal public comment. CEQA: As the proposed amendment is a minor alteration in land use limitations the amendment qualifies for a Class 5 Categorically Exemption pursuant to Section 15305 CEQA Guidelines. FISCAL IMPACTS: None CONSEQUENCES OF NOT FOI~OWING RECOMMENDED ACTION: It will remain difficult to enforce the Tree Regulations during weekends, holidays and after hours. ALTERNATIVE ACTION: I. Leave the Ordinance as it currently reads. 2. Amend the Tree Regulations so that tree removals are not allowed on weekends and holidays. FOLLOW UP ACTION: Publish the ordinance. ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: 1. City Council Ordinance ORDINANCE AN ORDINANCE AMENDING THE ZONING CODE OF THE CITY OF SARATOGA AMENDING ARTICLE 15-50 TO PROVIDE AN APPROVED TREE REMOVAL PERMIT UPON REQUEST OF A CITY OFFICIAL 7HE CITY COUNCIL OF THE CITY OF SARATOGA DOES ORDAIN AS FOLLOWS: Section 1. Findings. The Ciry Council finds and declares as following: A. The Planning Commission has conducted a public hearing to consider an amendment to the zoning code with respect to requiring that any person or firm removing or destroying an ordinance protected tree shall produce a copy of an approved TREE REMOVAL PERMIT upon request of a peace officer, City of Saratoga Code Enforcement Officer, or other Ciry of Saratoga Official. All activity is suspended until a permit can be produced. B. The adoption of an ordinance that requires that the person or firm removing a tree be able to produce a copy of an approved TREE REMOVAL PERMIT will provide protection of ordinance-protected trees from illegal removal. Section 2. Adoption. Section 15-50.130 is hereby added to read as follows: "15-50.130 Possession of an Approved Tree Removal Permit A person or firm removing an ordinance-protected tree as defined in section 15-50.050 shall have in their possession a copy of an approved Tree Removal Permit. Upon request of a peace officer, City of Saratoga Code Enforcement Officer, or other City Official a person or firm removing anordinance-protected tree shall produce the approved Tree Removal Permit. All activity shall be suspended until a permit can be produced." Section 3. Severance Clause. The Ciry Council declares that each section, sub-section, paragraph, sub-paragraph, sentence, clause and phrase of this ordinance is severable and independent of every other section, sub-section, sentence, clause and phrase of this ordinance. If any section, sub- section, paragraph, sub-paragraph, sentence, clause and phrase are held invalid, the City Council declares that it would have adopted the remaining provisions of this ordinance irrespective of the portion held invalid, and further declares its express intent that the remaining portions of this ordinance should remain in effect after the invalid portion has been eliminated. Section 4. Publication. This ordinance or a comprehensive summary thereof shall be published in a newspaper of general circulation of the City of Saratoga within fifteen days after its adoption. The foregoing ordinance was introduced and read at the regular meeting of the Ciry 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 ~~ ~J SARATOGA CITY COUNCIL MEETING DATE: October 16, 2002 ORIGINATING DEPT: Community Development PREPARED BY: Thomas Sullivan, AICP AGENDA ITEM: t'T~ ~ CITY MANAGER: O~L:k-~Y- - DEPT HEAD: _~ SUBJECT: Minor Amendment to Section 15-19.020 Regarding Sound Wall Requirements RECOMMENDED ACTION: Waive second reading and adopt the ordinance. REPORT SUMMARY: On October 2, 2002. the City Council conducted a Public Hearing and granted first reading to the proposed ordinance. The City Council also directed that the matter be placed on the October 16, 2002 consent calendar for second reading and adoption. On September 11, 2002, the Planning Commission adopted a Resolution recommending that the City Council adopt the ordinance amendment following conducted an advertised Public Hearing. There was no public comment. The City Council had previously referred this item to the Commission for their study and recommendation. Currently, Section 15-19.020(f)(4) of the Zoning Ordinance allows sound walls to be required by the Planning Director or the Planning Commission upon a determination that such a fence or wall is needed to mitigate noise or other adverse impacts of commercial activities. This zoning code section does not address the approval of materials and design for aesthetic reasons. The proposed ordinance amendment will allow for the Director or Planning Commission to consider the design and materials in the approval process. Below please find a draft of the proposed amendment. Language to be deleted is shown with st~il~gh while language to be added is shown as in bolditalicizedfont. "15-19.020 (f) Screening, Landscaping and fencing (4) Notwithstanding any other provision contained in this subsection (f), the Iii3g Community Development 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 I~a~ng Community Development Director or the Planning Commission, unless a longer period of time is allowed by the Director or the Commission by reason'. of 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. The design, color and materials of the fence or wall shall be subject to approval by the Community Development Director or the Planning Commission based upon a fording that the design, color and materials of the fence or wall will not adversely affect contiguous properties CEQA: As the proposed amendment is a minor alteration in land use limitations the amendment qualifies for a Class 5 Categorically Exemption pursuant to Section 15305 CEQA Guidelines. FISCAL IMPACTS: None CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: It will remain difficult to achieve aesthetically pleasing sound walls required of commercial operations to abate noise complaints. ALTERNATIVE ACTION: 1. Leave the Ordinance as it currently reads. FOLLOW UP ACTION: Publish the ordinance. ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: 1. Ciry Council Ordinance ORDINANCE AN ORDINANCE AMENDING THE ZONING CODE OF THE CITY OF SARATOGA AMENDING ARTICLE 15-19.020 (~ (4) TO PROVIDE AESTHITIC REVIEW OF REQUIRED SOUND WALLS THE CITY COUNCIL OF THE CITY OF SARATOGA DOES ORDAIN AS FOLLOWS: Section 1. Findings. The City Council finds and declares as following: A. The Planning Commission has conducted a public hearing to consider an amendment to the zoning code with respect to authorizing the Community Development Director to review and approve the material and aesthetic qualities of required sound wall authorized pursuant to article 15.19. 020 (f) (4). B. The adoption of an ordinance that requires that the commercial property owner submit to the Community Development Director a color and materials board. Section 2. Adoption. • Section 15-19.020 (f) (4) is hereby amended to read as follows: "15-19.020 (f) Screening, Landscaping and fencing (4) Notwithstanding any other provision contained in this subsection (f), the Community Development 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 Comrission by reason of 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. The design, color and materials of the fence or wall shall be subject to approval by the Community Development Director, based upon a finding that the design, color and materials of the fence or wall will not adversely affect contiguous properties." Section 3. Severance Clause. The Ciry Council declares that each section, sub-section, paragraph, sub-paragraph, sentence, clause and phrase of this ordinance is severable and independent of every other section, sub-section, sentence, clause and phrase of this ordinance. If any section, sub- section, paragraph, sub-paragraph, sentence, clause and phrase are held invalid, the City Council declares that it would have adopted the remaining provisions of this ordinance irrespective of the portion held invalid, and further declares its express intent that the remaining portions of this ordinance should remain in effect after the invalid portion has been eliminated. Section 4. Publication. This ordinance or a comprehensive summary thereof shall be published in a newspaper of general circulation of the City of Saratoga within fifteen days after its adoption. The foregoing ordinance was introduced and read at the regular meeting of the City Council of the City of Saratoga held on the_ 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 -: ,.:h SARATOGA CITY COUNCIL MEETING DATE: October 16, 2002 AGENDA ITEM: ~..~ ORIGINATING DEPT: City Manager's Office CITY MANAGER: v PREPARED BY: Lorie Tinfow DEPT HEAD: SUBJECT: Saratoga Library Project Phase II -Architect Contract Amendment RECOMMENDED ACTIONS: Authorize the City Manager to sign an amendment to the existing contract with Field Paoli Architects for services needed for Saratoga Library Expansion Project Phase II to reflect an increase of $40,000. REPORT SUMMARY: In August 2000, the City of Saratoga entered into a contract with BSA Architects for services related to the Saratoga Library Renovation and Expansion project. At that time, the project was expected to be complete by October 2002 and that date was included in the contract. The particular architect then moved to Field Paoli and by novation, our contract was transferred. A combination of weather delays and other factors have moved the Library's expected substantial completion. date to February 28, 2003. As a result, the architect is requesting additional fees. Staff has negotiated an increase of $40,000 to cover all services (other than Additional Services as described in the Agreement) through the end of the project, whenever that might be. The architect has agreed to the amendment terms, included the open-ended term, and a copy of the amendment is attached. FISCAL IMPACTS: Action will increase the azchitect's contract by $40,000 and those funds will be covered by budgeted contingency funds. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTIONS: No payment will be authorized for regular architect services after October 2002. ALTERNATIVE ACTIONS: .F None. FOLLOW UP ACTIONS: The City Manager will sign the contractamendment and. staff will execute. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENT: ^ Copy of contract amendment. 2 AMENDMENT NO.ONE TO STANDARD INDEPENDENT CONTRACTOR AGREEMENT RECITALS A. On or about August 2, 2000, the City of Saratoga (the "City") and BSA Architects entered into a STANDARD INDEPENDENT CONTRACTOR AGREEMENT (the "Agreement") for design and construction administration services in connection with the City's Library Expansion Project (the "Project"). B. On or about November 1, 2000, the City, BSA Architects and Field Paoli • Architects entered into a Novation Agreement Substituting Architect in Owner/Architect Agreement. Under that agreement, Field Paoli Architects ("Architect") assumed all of BSA Architects' rights and obligations under the Agreement. C. The City and the Architect make this Amendment No. One to the Agreement for the purpose of clarifying and defining their obligations under the Agreement. AGREEMENT u DRAFT Inconsideration of the mutual promises set forth in this Amendment to Agreement and for other valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the parties, the City and the Architect agree as follows: Paragraph 2 of the Agreement -Term - is hereby deleted and replaced with the following: The term of this Agreement commences on August 2, 2000 and extends through the date on which all of the Architect's services (as described in the Agreement) are complete, unless earlier terminated as provided in Exhibit D. For purposes of this Agreement, and without regard to any other provision of the Agreement, the Architect's services will be deemed "complete" only when the City has issued a final Certificate for Payment to the Contractor and the Architect has performed all of the services described . in Exhibit A to the Agreement. 2. The total amount to be paid by the City to Architect for all services pursuant to Paragraph 1 of Exhibit B is increased by the sum of Forty Thousand Dollars ($40,00(1.00). The first sentence of that paragraph is hereby deleted and replaced with the following: "City shall pay Contractor an amount not to exceed the total sum of One Million Three Hundred and Forty Seven Thousand One Hundred and Fifty Dollars ($1,347,150.00) for services to be performed and reimbursable costs herein incurred pursuant to this Agreement." 3. The Forty Thousand Dollars described in paragraph 2, above, shall be paid to Architect in four (4) monthly installments of Ten Thousand Dollars ($10,000.00) each beginning November 1, 2002. 2 DRAFT 4. .Architect shall continue to perform services in accordance with the terms of the . Agreement and this Amendment without additional compensation (other than for Additional Services as described in the Agreement) after the City has paid all amounts described in paragraph 2 above. Architect shall not be entitled to any further increase in the amount to be paid under the Agreement on account of any changes in the time required to complete the Project, including delays caused by or attributed to the Contractor or other factors beyond Architect's control. 6. Nothing in this Amendment No. One shall affect the Architect's right to compensation for bona fide Additional Services, as described in the Agreement. Architect shall strictly comply with the requirements of Paragraph 5 to Exhibit £ before • the City shall be obligated to pay for Additional Services. 7. Paragraph 16 of Exhibit D to the Agreement is hereby deleted in its entirety and replaced with the following: The City may terminate this Agreement with or without cause upon ten (10) days written notice to Contractor. The City may also terminate this Agreement at any time without prior notice in the event that Contractor commits a material breach of the Terms of this Agreement. The provisions of the Agreement concerning retention of records, City's rights to material produced, confidential information, contractor's responsibility, indemnification, insurance, dispute resolution, litigation, jurisdiction and severability shall survive termination of this Agreement. 8. In all other respects, except where inconsistent with this Amendment No. One in which case this Amendment No. One shall control, the Agreement shall remain 3 DRAFT unchanged and in full force and effect. Terms used in this Amendment No. One that are defined in the Agreement shall have the same meaning as used therein. IN WITNESS WHEREOF, the parties have caused this Amendment No. One to be executed on the date opposite their respective names. The City of Saratoga By: Title: Field Paoli Architects, Inc. By: Title: '~~~~~~s~ ~-~ ~ 3.~3_~ Date: !0 902-- C~ Date: 4 SARATOGA CITY COUNCIL. 2J MEETING DATE: October 16, 2002 AGENDA ITEM: ORIGINATING DEI1PT:ppPublic Work CITY MANAGER: PREPARED BY: IirQ~. ~~ DEPT HEAD: c~ SUBJECT: Final map approval for five units on two lots located at 14612 Big Basin Way and 20717 St. Charles Street. Owner: Trafalgar Inc. RECOMMENDED ACTION(S): 1. Move to adopt resolution No. SD-00-001 granting final map approval of tentative map application No. SD-00-001 for five unit on two lots located at 14612 Big Basin Way and 20717 St. Charles Street. 2. Move to authorize the Mayor to execute the Subdivision Improvement Agreement. REPORT SUMMARY: Attached is Resolution No. SD-00-001 which, if adopted, will grant final map approval for five units on two lots located at 14612 Big Basin Way and 20717 St. Charles Street. I have examined the final map and related documents submitted to me in accordance with the provisions of Section 14.40.020 of the Municipal Code and have determined that: 1. The final map substantially complies with the approved tentative map. 2. All conditions. of the approved tentative map, as contained in Planning Commission Resolutions No. SD-00-001, have been completed or will be completed concurrent with development of the eleven lots. 3. The Subdivision Map Act, the City's Subdivision Ordinance and all other applicable provisions of law have been complied with. 4. The final map is technically correct. Consequently, the City Surveyor's certificate has been executed on the final map and the final map has been filed with the City Clerk pursuant to_ Section 14.40.040 of the Municipal Code for action by the City Council FISCAL IMPACTS: The subdivider has paid $16,740.75 in Engineering Fees, $41,700 in Park Development Fees, and $5,000 for fixture overlay of St. Charles Street. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): The final map must either be approved or rejected by the City Council.. If the map is rejected, it would be returned to the subdivider with findings as to why the map was rejected. ALTERNATIVE ACTION(S): None in addition to the above. FOLLOW UP ACTION(S): The signed map will be released to the subdivider's Title Company for recordation along with recording instructions. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: 1. Site Map. 2. Tract Map. 3. Resolution No. SD-00-001 granting final. map approval. 4. Planning Commission Resolution No: SD-00-001 approving the tentative map with conditions. 5. Subdivision Improvement Agreement. SITE MAP Application No.: SD-00-001 Location: 14612 Big Basin Way & 2071.7 St. Charles Street - Applicant/Owner: Trafalgar Inc. 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I ~ I I ' ~k o i g 4 , ~ ~ I~ ~ gY I W I ~~ ~~ ~~ W'153pK0.1W ' ~p 1 z Qr~ _-- --~ _ _ as ' - ZTa ~I 6 ~ Y k~. rI I 3F3WA[N ~, W i ~ 41 ~ I Hwy( a ~ Y ~ N a~~sl I I I` 11n I = I ~ ~-~' w 2 °, ~ o z _ _ m~~ I I ~ I I I~ II I {a ~ I I ~ I I I~ IW W I `' I ~~~7 I I~ z_ I .`` ~ ~ ~~ N LL x~ I$ p~2.n I F _ I I k~~3 q ~ ~~ '~~I JU2o - $I wii,e il~. I. I 'i~b W ~~I II ~;,;;.. ~ ~ ~3z 1 I ~a R ~~ ~ ;~ ~~ I ~_ ~ ~~~~~ o=. ~ I ~= I I I I I u ~ ~ci n~I b °a - I ~mo~ O ~u~ p • U ~ i'I I ~3 I I O ~m pn.l I I I I ~ it t I o - - - ------~----~~=- -1---~ ~ _~ x ROSL 3FJ6fW T I 4 ~ ~n Y ~ O - _ -AVM NISV9 ~J19 i I ~ ~W c7 $'^ _~ o m ss< a~3 m.. RESOLUTION NO. SD-00-001 A RESOLUTION OF THE-CITY COUI+iCII; OF-THE CITY OF SARATOGA - ~~ APPROVING THE FINAL MAP OF SD-00-001 14612 BIG BASIN WAY AND 20717 ST. CHARLES STREET The City Council of the City of Saratoga hereby resolves as follows: SECTION 1: Five unit on two lots as shown on that certain Tract Map prepared by Giuliani & Kull, Inc., Civil Engineers, dated March 2002 and October, 2002, and filed with the City Clerk of the City of Saratoga on October 16, 2002, are approved as FIVE (5) INDIVIDUAL UNTfS ON TWO (2) INDNIDUAL LOTS. SECTION 2: All streets and easements shown on said map and offered for dedication to public use are hereby rejected on behalf of the public, save. and except for public service easements; and to the limited extent that any offers for public street purposes either expressly or implicitly include offers for easements for utility purposes along or beneath said street rights of way, then as to such express or implied offers of easements for public utility purposes, the same are hereby accepted on behalf of the public. The above and foregoing resolution was passed and adopted at an adjourned meeting of the Saratoga City Council held on the _ day of , 2002 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: Cathleen Boyer, City Clerk File No. DR-00-011, Sx-00-OO1,V-00-018 14612 Big Basin Way 6Y 20717 St. Chazles Street APPROVAL OF RESOLUl'ION NO. SD-00-001 CITY OF SARATOGA PLANNING COMMISSION STATE OF CAY-3FORNIA - TRAFALGAR INC.;14612 BIG BASIN WAY ~ 20717 ST. CIIARLES STREET WHEREAS, application has been made to the Advisory Agency under the Subdivision Map Act of the State of California and under the Subdivision Ordinance of the City of Saratoga, for Vesting Tentarive Map approval of 2 existing parcels into five air right condominium units (lots) including two common areas, all as more parriculazly set forth in File No. SD-00.001 of this Ciry; and WHEREAS, this Advisory Agency hereby finds that the proposed subdivision, together with the provisions for its design and improvement, is consistent with the Saratoga General PLan and with all specific plans relating thereto; and the proposed subdivision and land use are compatible with the objectives, policies and general land use and programs specified in such General Plan, reference to the staff report dated March 26, 2001 being hereby made for further particulars; and WHEREAS, none of the conditions set forth in Subsections (a) through (g) of Govertrment Code Section 66474 exist with ,v.~ci to said subdivision, and tentative approval should be granted in accord with conditons as hereinafter set forth; and WHERFA.S, the Planni ~ Commission has conducted a duly noticed public hearing at which rime all interested patties were given a frill oppottuniry robe heard and to present evidence; and . - WHEREAS, pursuant to the California Environmental Quality Act (CEQA) an Envirorunental Initial Study was prepared and a Negative Declaration was approved March 28,200E NOW, THEREFORE, BE IT RESOLVED that the Vesting Tentative Map for the hereinafter described subdivision, which map is date stamped June 29, 2001 and is mazked Exhibit •A' in the herein above referred file, be and the same is hereby conditionally approved The conditions of said approval are as follows: COMMUNITY DEVFJ_OPMEN7 . Completed. 1. The development shall be located and constructed as shown on Exhibit 'A' incorporated by reference and date stamped June 29, 2001. Provided. 2. The applicant shall provide a certificate of deposit as a pazking fee Eor the eight pazking spaces approved for the pazking variance for a total amount of $40,000 or $5,000 per space. The funds will be used for the proposed pazking district. If the proposed pazking district is not established by July ll, 2006, the funds will be returned co the applicant rv~w,~q,7o6nWlblxeigBam~r..GlpMUdutiwcdac File No. DR-00-Oll, Sx-00-OO1,V-00-018 14612 Big Basin Way &t 20717 5t Charles Street Comp 1 eted . 3. The Heritage Preservation Commission shall review the final design of the proposed project and forward all comments to the Planning Commission. Acknowledged. 4. Prior to issuance of a Building Permit, a landscape plan shall be submitted for review and approval by the Community Development Director. Acknowledged . 5. ~ ~% inspection, all landscaping an the approved landscape plan shag be P 1 an s Submitted . 6. Prior ro submittal of the Final Map m the Public Works Department. the following shall be submitted to the Plazming Division sta$ in order to issue a Zoning Ckxtance: • Four (4) sets of complete Improvement PLws incorporating this Resolution as a separate plan page and containing the following revisions: • All applicable recommendations of the Gity Atboris[ • Provisions for the City Arborist to provide an on site azborist during critical sire preparation and coaLStxttcdon stages intruding grading and installation of utility lines and driveways. Grading Plans 7. Four (4) sets of complete grading plans incorporating this Resolution as a separate Submitted. planpageandcontainingthefollowiagrevisions: • All applicable recommendations of the City Arborist. • Provisions for the City Arborist m provide an on site arborist doting critical sire preparatioa and construction stages including grading and installation of utility lines and driveways. Acknowledged. $- Construction. alteratioa or repair activities (for subdivision improvements as well as the construction of the residences) which are authorized by a valid City of Saratoga permit, or which do not require the issuance of a Gity of Saratoga permit, may be conducted only on weekdays between the hours of 7;30 AM and 6:00 PM so long as the noise level does not eRCeed 60 dBA at Project property boundary. No such construction work shall be permitted on Saturdays, Sundays, or legal holidays. Construction noise should be reduced whenever possible. The Gity Fmgineer may grant an exemption uponhis/her determination of an emergency. Acknowledged. 9. A sign indicating permitted constmction hours shall be posted on the sire in a visible location. Acknowledged . lo. Applicable construLion conditions shall be included in any and all conaacts with each and every contractor and subcontracmrwotking on the Project. Acknowledged. ll. Dust and erosion Lrontrol wiIl be maxin•»ed onsire and on streets in the adjacent neighborhoods shall be maintained in a manner to avoid the accumulation of mud and dirt in the streets. P\PYmYV j~Joh•N~ralgBaW,,Tp61g~Ymlmimado, `J s File No. DR-OD-Oll, Sr.-00-OOI,V-00.018 14612 Big Basin Way Fa 20717 St Charles Street Landscape Plan 12. The final landscape plan shall be reviewed and approved by the Community Submitted. Development Director prior to issuance of any Building or Grading Permits. The applicant shall implement all recommendations in the Negarive Declaration. Acknowledged. 13. The windows on the first Iloot retail bttikiing Ea4ade shall be modified to bay windowswith a tnaadmum i2-inch projectianlrom the face of the building. Acknowledged. 14. The proposedbuildingco]otsshallbetoneddownandthebuildingttimchangedto a green color ro match the proposed Forest Green awnings subject to the final approval of the Cotnmunfty Development Direcmr. Acknowledged. ~, pu Ltndscaping, paving, and construction details shall be subject to the final approval of the Gity Arborisc and Community Development Director. The proposed paving and canstcuction details shall be modified to provide for the least intnusive materials and construction techniques ro preserve the root systems of nearby pees. CtrxAtrsotttsr Completed . 16. All recommendations in the City Arborist Reports dated Match 27, 2000 and May 17, 2000 fir June 6, 2000 shall be folkrwed and incorporated into the phuvs. This includes, but is not limitedto: • The Arborist Reports shall be incorporated, as a separate plan page, to the construction plan set and the grading plan set and all applicable tneastues noted on the site and grading plans. • Five (5) ft chain link tree protective fencing shall be shown on the site plan and grading plan as recommended by the Arborist with a note 'to remain in place throughout construction.' The fencng shall be inspected by staff prior to issuance of a Grading orSuilding Permit • A note shall be included on the site plan and grading plan stating that no construction equipment or private vehicles shall pazk or be stared within the dripline of airy ordinance protected trees on the site. Landscape Plan 17. A landscape plan shall be submitted prior to issuance of a Zotring Clearance Submitted . showing locations of any native replacement trees. (This number may be reduced depending on the trees that the applicant is proposing to be relocated instead of removed in revised site place) 18. The applicant is proposing to relocate instead of remove in the revised site pLw. Acknowledged. ~ 19. Prior to Final Occupancy approval,anynativereplacementtreesshallbeinstalledin accordance with the Arborist Reports. Acknowledged. 20. All retaining walls, driveway constnrction and other tree protection recommendations inthe Arborist Reports shall be strictly followed Acknowledged . 21. Prior to Final Occupancy approval, the City Arborist shall inspect the site to verify compliance with tree protective measures. Upon a favorable site inspection by dte Arborist and, any replacement trees having been planted, the bond shall be rrleased. w-h®ieyye5v LU16nHigHU6~T~RUdutlmadoc • File 1Vo. DR-00-Oll, Src-00-OO1,V-00-018 14612 Big Basin Way 6s 2071751 Charles Street Security 22. Any future landscaping shall be designed and installed in accordance with the City Posted . Arborist Poor m issuance of a Building Permit, the applicant shall submit m the City, in a form acceptable m the Community Development Director, security in the amount of $22,903 plus a sum recommended by the Arborist m assuce protection of the other Gees pending the outcome of Arborist Report recommendations #1-6. This is to guarantee the maintenance andpreservarion of trees on the subject site. Acknowledged. 23. Prins to the issuance of a building permit, provisions will be made for the Gity Arborist to provide an arborist on sice during all critical site preparation and construction phases. This is m iasuce that all Atborist repot[ wndidons are met and to carry out addition investigative work such as rnnfiatting trees root locations and protective measums such as discontinuous footings (pier and on-grade beam design).17ris is particulady important for Gees #3, 4 and 8. Acknowledged . 24. Prior to Final occupancy approval, any regained aarive replacement trees shag be installed in accordance with theArborist Reports. Acknowledged . 25. All utility line, driveway constvction and other tree protection recommendations in tbe Arborist Reports shag be sttictlyfollowed Acknowledged . 26.. Prior ro Final Occupanry approval, the Gty Arborist shall inspect the sire m verify compliance with tree protective measures. Upon a favorable site inspection by the Arborist and, any rephuementtrees having been planned, the bond shag be released. Acknowledged. 27. Any[ut~uelaadscapingshallbedesigaedandiasralledinaccordancewiththeCity Arboristrecommendations Frnr; PxorECrroxDtsnucr Fire Hydrant 28. Provide one on-site fhe hydrant that meets tbe Saratoga Fire Districts Shown on Plans . specifications. The hydrant shall be installed and accepted prior to construction of anybuilding. Shown on P 1 erns . 29. All driveways shall have a 14 ft mir~um with plus one-foot shoulders. Driveway craw shall lave a minimum inside radius of 21 feet Acknowledged, 30. Early Warning Fire Alarm System slrallbeinstaBedandmaintainedinaccordance with the provisions of the City of Saratoga Code-Article 16.60. Acknowledged. 31. Early Warning Fire Alarm System shall have dactmrentatian relative ro the proposed installation and shallbe submitted m the Fire Dismct for approval Acknowledged , 32. Automatic sprinklers shall be installed in the newly constructed garages (2 heads per stab). The desigaer/archicect shall contact the San Jose Water Company ro determine the size of service and meter needed ro meet fire suppression sad domestic requirements. To ensure proper sprinkler operation, the garage s1taB lave a smooth, flat, horizontal ceiling P.~P6mtl~Jdx LV~HragBvh~Tvfi~Rodutimvdoc File No. DR-00-011, Sh-00-OOI,V-00.016 14612 Big Basin Way &r 20717 St Charles Street Acknowledged . 33. Prior to building permit application, the applicant shall provide a recorded copy of deed or easement showing legal access across the 12-foot ingress -egress easement from Big Basin Way. Pueuc Woxtcs Completed. 34. Prior m submittal of the Final Map to the Public Works Department Eor examination, the owner (applicant) shag cause the property to be surveyed by a licensed land Surveyor or an authorized Civil Engineer. The submitted map shall show the existence of a monument at all external property comer locations, either found or set The submitted map shall also show monuments set at each new comer location, angle point, or as dQected by the Public Works Depamnent, all in conformity with the Subdivision Map Act and the Professional Land Surveyors Act Final Map 35. The owner (applicant) shall submit fors (4) copies of a Final Map in substantial Submitted, conformance with the approved Tentative Map, akmg with the additional documents regtdted by Section 14-40.020 of the Municipal Code, to the Public Works Department for examination. The Final Map shall contain all of the information regtr¢ed in Section 14.40.030 of the Municipal Code and shall be accompanied by the following items: Submitted . 36. One copy of map checking calculations. Submitted . 37. Preliminary Tide Report for the property dated within ninety (90) days of the date of submittal forthe Final Map. Submitted . 38. One copy of each map referenced on the Final Map. Submitted . 39, One copy of each documenddeed referenced on the Final Map. Submitted . 40. One copy of any other map, document, deed, easement or other resource tktat will facilitate the examination process as requested by the Public Works Department Fees Paid . 41. The owner (applicant) shall pay a Map Checking fee, as determined by the Public Works Director, at the tune of submittal of the Final Map for examination. Security Posted . 42. Interior monuments shall be set at each lot corner either prior to recordation of the Final Map or some later date to be specified on the Final Map. If the owner (applicant) chooses to defer the setting of interior monuments to a sperified later date, then sufficient security as detetrined by the Public Works Director shall be furnished prior to Final Map approval, to guarantee the setting of interior monuments. Provided on the 43, The owner(applicant)shallprovidelrrevocableOffersofDedicationforallrequired F i na 1 Map . easements and/orrights-of--way on the Final Map, in substantial conformance with the approved Vesting Tentative Map, prior ro Final Map approval P?Plw.vg~Joho W1m]BgBa+WioL~MenluUmadoc File No. DR-txl-Oll, Sh-00.OO1,V-00-018 14612 Big Basin Way ~ 20717 St Charles Street Study submitted . 44. Aline of sight study prepared by a licensed engineer shall be submitted ro verily that the intersection of access roadwith St Gharles Street will be safe, prior co Final Map approval Improvement Plans 45. The owner (applicant) shall submit engineered improvement plans ro the Public approved . Works Depamn®c in conformance with the approved Vesting Tentative Map and in accordance with the design and improvement requirements of Chapter 14 of the Municipal Code. The improvement plans shall be reviewed and approved by the Public Works Depamnent and the appropriate officials from other public agencies having jurisdictional authority, including public and private utility providers, prior ro approval of the Final Map. The hollowing specific crondirions shall be included on the improvement: plans: Shown on Improve- 46. Sidewallc at Big Basin Way within the limits aE the subdivision shall be replaced ment Plans. Encroar]tm~tPermitfromCaittanssl~allbeissuedforthisteplacement. Calculations 47. Hydraulic calculationsEorconnecdantoevstingsmrmdrainsysremonBigBasm provided. Way sbaB be provided. In case capacity of present storm drain system has been reached, alternate way oEarainage plan shall be provided. Fees paid , 48. The owner (applicant) shall pay a Subdivision hnprovement Plan Checking fee, as determined by the Public Works Director, at the time Improvement Plans are submitted for review. Agreement 49. Theowaer(applicant)shallenterintoanlmprovemencAgreemencwithrheCity;n signed. accmdance with Section 14-60.010 of the Munucipal Code prior m Final Map approval Bond posted. 50. 17te owner (applicant) shall furnish Improvement Securities in accordance with Section 14-60.020 of the Municipal Code in the manner and amounts debetminedby the Public Works Direcrorprior ro Final Map approval Proof of SL The owner (applicant) shall famish a written indemnity agreement and proof of insurance provided . insurance coverage, in accordance with Section 14-05.050 of the Municipal Code, prior ro Final Map approval. Provided , 52. Prior ro Final Map approval, the owner (applicant) shall furnish the Public Works Department with satisfactory written rnmmitnrents hrom all public and private utility providers serving the subdivision guaranteeing the completion of all required utility improvements to serve the subdivision Acknowledged. 53, The owner (applicant) shall secure all necessary permits from the City and a~ other public agencies, including public and private utility providers, prior to wmmencemmt of subdivision improvement construction. Copies oEpertnits other than those issued by the City shall be provided ro the Public Works Department Deposit posted . 54, The owner (applicant) shall deposit a $5,000 cash bond with the City prior ro Final Map approval forfimding offuture AC overlay of St Charles Street within the limits of the subdivision evbemesy.mrwamsyem.r File No. DR-00-011, Sic-00.OO1,V-00.018 1x612 sag Basin way &c 20n7 Se Charles street Fees paid. 55. The owner (applicant) shall pay the applicable Park and Recreation fee prior to Final Map approval Hold Harmless 56. The owner (applicant) shall enter inm agreement holding the City of Saratoga Agreement signed . )mess from any claims or liabi}ides caused by or arising out of soil or slope instabtlfty, slides, slope faihue or other soft related andlor erasion related conditions. Acknowledged . y~ ~ building and construction related activities shall adhere to New Development and Canstmction -Best Management Practices as adopted by the City far the purpose of preventing stoma water pollution. Crrr ArrorwEx Acknowledged. 58. Applicant agrees to hold City harmless frmn all costs and expenses, including attorney's fees, incBmed by the City m held ro he the liability aE City in connection wilt City's defense of its actions in any proceeding brought in any State or Federal Court, challenging the City's action withrespect ro the applicant's project Acknowledged. 59. Noncompliancewitha~ofthec~+~+fir;~+*~Qofrhispermitshallconstituteaviolation ofthepennit BecauseitisitnpossrbletoestitnatedamagestheCitycouldincurdue to the violation, ]igtudated damages of $250 shall be payable ro this Gty per each day of the violation Section 2 Constntctionmust be commeneeBlwithin 24 months or approval will expire. Section 3. Ail applicable requirements of the State, County, City and other Govemm®tal entgies must be met Section 4. Unless appealed pursuant m the requirements of Article 15-90 of the Saratoga City Code, this Resolution shallbecome effective fifteen (15) days from the date of adoption. PnssID Arm Aoortm by the City of Saratoga Planning Commission. State of Calfforaia, this lli° daq ofJuly 2001 by the followingrollcall vote: Axes: GnaAxnM, HunnEU, JnctataN, Kuaasc-rt, RormE, Ztnstn, Cttatx BAtutx NOES: Notes AssENL: NortE AasrAw NOPtE ,Planning Ca on ArrESr: ~BL~~ Secierazy, Planning Commission P.igaveb~de LW bn Big B W n 1 CONTRACT FOR THE IMPROVEMENT OF SD-00-001 AGREEMENT, made and entered into this day of 2002, by and between the CITY OF SARATOGA, a Municipal corporation of the State of California, hereinafter called "City", and TrafalGar Inc., Subdivider and Owner, hereinafter collectively called Subdivider: W I T N E S E T H: WHEREAS, Subdivider is engaged in subdividing that certain tract of land known and designated as 14612 Biq Basin Way and 20717 St. Charles Street situated in the City of Saratoga, County of Santa Clara, State of California; and WHEREAS, a final map of SD-00-001 has been filed with the City Clerk of the City of Saratoga for presentation to the Council for its approval, which map is hereby referred to and by said reference incorporated herein; and WHEREAS, Owner and Subdivider has requested approval of said final map prior to the completion of improvements of all streets, highways or public ways and sewer facilities which are a part of or appurtenant to the abovementioned subdivision, including, but without limiting the foregoing, the necessary paving, catch basins, pipes, culverts, storm drains, sanitary sewers where required, street trees and street signs where required, and including a water system and fire hydrants acceptable to the San Jose Water Works and the City of Saratoga, all in accordance with and as required by the plans and specifications for all of said improvements in or appurtenant to said subdivision, which plans and specifications were prepared by Giuliani & Kull, Inc., Civil Engineer, approved by the City Surveyor and now on file in the offices of the Clerk of said City and/or Public Works Department of said City, and t s 2 WHEREAS, the City Council. of .said City did on the 2nd day of October 2002, adopt a Resolution approving said Final Map, rejecting certain dedications therein offered which rejection did not and does not, however, revoke the offers of dedication therein contained and requiring as a condition precedent to the future acceptance of said offers of dedication that the Subdivider improve the streets and easements thereon shown in accord with the standards of the City's Subdivision Ordinance, as amended, of the City of Saratoga and in accord with the improvement plans and specifications on file as hereinabove referred to, and requiring as a condition precedent to the release of said final map for recordation that the Subdivider agree in writing to so improve said streets and easements in accord with this agreement, NOW, THEREFORE, in consideration of the above and in consideration of the City accepting all of said dedications after the hereinafter agreed to covenants on the part of the Owner and Subdivider have been complied with and in accord with Government Code Section 66462 (a) of the State of California, it is hereby agreed as follows: 1. Subdivider at this cost and expense shall construct all of the improvements and do all of the work hereinafter mentioned, all in accordance with and to the extent and as provided in the above mentioned plans and specifications on file in the office of said City, for the construction of said improvements, in, for, or appurtenant to said subdivision, and all in compliance with the City's Subdivision Ordinance as amended and the laws of the State of California, and shall complete the same within one year from date hereof and shall maintain the same for a period of at least one year after the satisfactory completion of the same. 2. Subdivider shall, before the release of said final map by City and as condition precedent to recordation thereof, furnish to 3 the City and file with the City Clerk a good and sufficient surety bond or bonds, money or negotiable bonds, in form to be approved by the City Attorney, securing the faithful performance by Subdivider of all work and the construction of all improvements herein in this Agreement mentioned within time specified, and securing the faithful performance by Subdivider of the maintenance of said improvements for a period of at least one year after completion of the same, and for such additional period of time as may be necessary in order that Subdivider may cure and correct all deficiencies of construction to the satisfaction of the City Engineer of the City of Saratoga (in addition to said bond at least LO% ($11,080.00) of said bond to be in cash, with the right of City to use the same in its discretion for emergency maintenance and repairs in addition to any other rights of use) the amount of said bond to be in the sum of $110,800.00; and also a good and sufficient surety bond in form to be approved by the City Attorney securing the payment by Subdivider of all bills for labor and materials incurred in the construction of any and all of said improvements, and the doing of all other work herein agreed to be done by the said Subdivider, the amount of said bond to be One Hundred Ten Thousand Eight Hundred (5110,800.00). 3. Subdivider does hereby expressly agree to indemnify and hold harmless the City and in their capacity as such, its councilmen, officers, boards, commissions and its employees, from any and all loss or damage, and from any and all liability for any and all loss or damage, and from any and all suits, actions, damages, or claims filed or brought by any and all person or persons because of or resulting from the doing by Subdivider or , any and all things required of Subdivider by this contract, or because of or arising or resulting from the failure or omission by Subdivider to do any and all things necessary to and required by this contract or by law, or arising or resulting from the negligent doing by Subdivider, his agents, employees or subcontractors of any and all things required to be done by this t 4 contract, or arising or resulting from any dangerous or defective condition arising or resulting from any of the above said acts or omissions of Subdivider, his agents, subcontractors, or employees. Subdivider having heretofore certified, by the certificate upon the abovementioned subdivision map, that he can convey clear title to the land within said subdivision, and City having relied upon said certificate and the representation contained therein, the foregoing provisions of this paragraph are specifically made to apply to any destructionx or damage to or removal of utilities, water lines or pipe lines of any kinds, and any other improvement, whether said destruction, damage or removal is required or caused by the plans or specifications or by direction of an officer, agent or employee of the City. 4. Subdivider shall, before the release of said final map by the City, and as a condition precedent to the recordation thereof, furnish to the City and file with the City Clerk . certificates or policies of public liability and property damage insurance in form satisfactory to the City Attorney, and Subdivider shall at all times during the entire term of this agreement maintain the same in full force and effect, which policies shall insure the City of Saratoga, its Councilmen, officers, boards, commissions and employees against loss or liability for bodily injury and property damages arising or resulting from Subdividers operations and activities in the construction of any and all improvements mentioned in this agreement and the doing of any and all work mentioned in this agreement, within or outside the abovementioned subdivision, and/or arising or resulting from the doing or failure of Subdivider to do all things required to be done pursuant to this agreement. Said policies of insurance shall cover bodily injury and property damage on both an accident and occurrence basis, with completed operations coverage for one (1) year after completion and acceptance of improvements, and shall be in amounts of not less than ONE MILLION DOLLARS ($1,000,000.00) for each person, ONE J 5 MILLION DOLLARS ($1,000,000.00) for each accident or occurrence • and property damage coverage of ONE-HUNDRED THOUSAND DOLLARS ($100,000.00) for each accident or occurrence and property damage coverage of ONE-HUNDRED THOUSAND DOLLARS ($100,000.00) for each accident or occurrence. Said policies of insurance shall in addition contain the following endorsement: "Other insurance - the coverage afforded by this insurance shall be primary. coverage to the full .limits of liability stated in the declarations. If the assured has other insurance against the loss ,covered by this policy, that other insurance shall be excess insurance only, after the entire face value of this policy shall have been exhausted by payment.' 5. In consideration of City allowing Subdivider to connect said subdivision to certain existing or proposed out-of-tract storm sewer lines, and in consideration of City relieving Subdivider of any obligation which City might legally impose on Subdivider to acquire any right-of-way for, and/or to construct, • any out-of-tract storm sewer drainage pipe lines and appurtenances which might reasonably be necessary to drain said subdivision and carry storm waters from said subdivision to natural drains, Subdivider shall, before the release of said final map by City and as a condition precedent to the recordation thereof, pay the City the sum of Zero dollars ($ 0 ). 6. In consideration of City agreeing to accept, in accord with this agreement, the in-tract storm drain lines and facilities constructed or to be constructed by Subdivider within or outside of said subdivision in accord with the plans and specifications now on file with the City offices, including the streets and other ; easements in or beneath which said facilities lie, Subdivider shall, before the release of said final map by City and as a condition precedent to the recordation thereof, pay the City the sum of Zero Dollars (S 0 ). 7. Subdivider shall, before the release of said final map by the City and as a condition precedent to the recordation thereof, S 6 • pay to the City the sum of Sixteen .Thousand Seven Hundred Forty Dollars and 75 Cents ($ 16,740.75) to be applied by City to the payment of expenses to be incurred by City for engineering and inspection services to be performed by the City in connection with said subdivision. 8. Upon Subdivider completing in accord with this agreement all of the improvements to be made and done by said Subdivider as hereinabove set forth and as shown on the plans and specifications on file as hereinabove referred to, and upon Subdivider having properly maintained the same for a period of at least one year after the completion of said improvements as hereinabove specified, and upon the Subdivider complying with all covenants and conditions on his or its part to be done and performed in accord with the within agreement, then and in that event, City agrees to rescind its rejection of the offers of dedication of streets and storm drain easements contained on the aforesaid final map, and at that time accept said offers of dedication. 9. Should the Subdivider and Owner hereinabove referred to not be the same person, firm or corporation, then this agreement shall only be effective upon both the Subdivider and the Owner separately executing the same, and wherever the term Subdivider is used, the same shall include Owner and wherever the term Owner is used, the same shall include Subdivider. 10. This agreement shall be binding upon the heirs, personal representatives and assigns of Subdivider and Owner, and time is of the essence hereof, save and except that the City Council of the City of Saratoga may, but need not, extend any time or times for the doing or performing of any acts as required under the terms of this agreement by resolution, if in the opinion of the City Council any such delay is without fault on the part of the Subdivider and Owner. Execution of the within agreement by the Owner or Subdivider shall constitute an irrevocable authorization to City to insert the date of passage of the Council resolution approving the final map, and to insert the date of this agreement as of the date of • such resolution. - - IN WITNESS WHEREOF, the parties hereto have set their hand the day and year first above written. CITY OF SARATOGA, a Municipal Corporation By: Mayor ATTEST: ty APPROVED AS TO FORM: • ty Attorney By: Subdiv' er By: ~•S.Cf1HQtr -P2i-.T, li(./1'G.~ILG~1ot- CNC (Owner, if different from Subdivider) SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. AGENDA ITEM MEETING DATE: October 16, 2002 CITY MANAGE ORIGINATING DEPT: Public Works/ PREPARED BY: Richard Taylor City Attorney SUBJECT: Proposed Vacation of George Whalen Way RECOMMENDED ACTION: Open public hearing; continue public hearing until November 6, 2002. REPORT SUMMARY: At its August 7, 2002 meeting the City Council voted to reconsider the application of the Sazatoga Fire Protection District to build a new fire station at 14380 Saratoga Avenue. The revised application includes a request that the City vacate the public right-of--way in George Whalen Way, the alley immediately behind the existing fire station. ("Vacation" means abandoning and terminating the public's right to use the alley.) On September 18, 2002, the City Council adopted a resolution setting a hearing date of October 16, 2002 to consider the proposed vacation. On October 9, 2002 the Planning Commission denied the Fire District's application for a conditional use permit, design review, and lot line adjustment by a vote of 3-3. The Fire District appealed the denial on October 10, 2002. Pursuant to the City Code, the hearing on the appeal has been set for the next available City Council meeting on November 6, 2002. Because the alley vacation and the use permit and other planning approvals are interrelated, staff recommends opening the public hearing to accept any testimony that may be offered and then continuing the public hearing on the alley vacation until November 6, 2002. Staff has contacted the applicant and the applicant does not object to the continuance. FISCAL IMPACTS: Not applicable. ADVERTISING, NOTICING AND PUBLIC CONTACT: Notice published twice in Saratoga News and posted at the site. SARATOGA CITY COUNCIL MEETING DATE: October 16, 2002 AGENDA ITEM: ORIGINATING DEPT: Community Development PREPARED BY: John F. Livingstone, AICP CITY DEPT HEAD: SUBJECT: Proposed Ordinance to designate Austin Way a Heritage Lane. RECOMMENDED ACTION: Staff recommends that the City Council conduct a public hearing, introduce the Zoning Ordinance. give the Ordinance a First Reading and direct Staff to place the matter on the Consent Calendaz for the next City Council Agenda for Second Reading and Adoption. REPORT SUMMARY: The Heritage Preservation Commission recommended to the Planning Commission that Austin Way be designated a Heritage Lane. On July 24, 2002 the Planning Commission adopted a Resolution recommended the City Council adopt an Ordinance designating Austin Way a Heritage Lane. The proposed Ordinance will create a Heritage Lane zoning overlay on the existing single-family residential district for Austin Way. The intent of the ordinance is to preserve the existing brick roadway and hopefully restore the portions that have been patched with asphalt.. The Heritage Lane Designation will make it possible to obtain a grant to assist with the preservation and maintenance of the existing brick roadway. In an effort to not limit improvements to the existing exposed brick portion, staff is recommending that all of Austin Way be designated as a Heritage Lane. SEPTEMBER 4, 2002 CITY COUNCIL MEETING The proposed Resolution initiating the Ordinance to designate Austin Way a Heritage Lane was approved by the City Council at the September meeting. During the meeting the Council asked that the proposal for HPC review of any significant landscaping, paving, or construction, such as fences, ; walls or drainage within 10 feet of a property line directly adjacent to Austin Way be removed from the proposed ordinance. The attached resolution reflects this request: PROJECT BACKGROUND: Initially one of the neighbors who lives on-Austin Way started a petition to have the street dedicated a Heritage Lane. The applicant had obtained support from six neighbors when the momentum for I the project slowed. Early this yeaz the Heritage Preservation Commission voted to initiate the process and subsequently started the application process. On Apri130, 2002 staff mailed a notice of the intent to designate Austin Way a Heritage Lane to every neighbor who has property adjacent to Austin Way. Some of the properties. were only connected to Austin Way by a flag lot or.in some cases the main part of the. lot was located in a neighboring City: In all a total of 16 property owners where sent letters. In order for the recommendation from the Heritage Preservation Commission to proceed to -the Planning Cormnission no more than forty-one percent of the owners could object to the proposal. Staff received two letters of objection to the proposal within the required 45-day period and one letter after the 45-day period. The three letters would only total 18%, therefore allowing the proposal to continue to the Planning Commission for review. NEIGHBORHOOD FEEDBACK: A total of I S letters were sent to staff concerning the proposed designation. Three of the letters are included in the Planning Commission Staff Report, and 12 were given to the Commission at the July 24, 2002 Planning Commission meeting. Of the 151etters received, three were not in support of the designation, two were in support but were not supportive of the 10-foot review area, and ten were in support of the proposed ordinance. All of the letters aze attached to this report. No additional letters have been received by staff at the writing of this staff report. HISTORY: Saratoga's Austin Way used to be part of the main road between Sazatoga and Los Gatos. In 1940 the highway was realigned to eliminate the hazardous curves where Bainter Avenue and Quito Road intersect it. Austin Way commemorates Daniel B. Austin, a California pioneer who bought acreage in this area in 1882 and wasthe co-founder of a winery that was located near Austin Corners. He also helped establish the school that was named after him. The interurban tracks of the Peninsular Railway ran alongside the highway. The trolley line was in operation from 1904 to 1933, linking the towns of the central Santa Clara Valley. The Saratoga segment of Austin Way is one of the very few remaining sections of brick highway paving. to be found. It is the goal of the Sazatoga Heritage Preservation Commission to have Austin Way designated a Heritage Lane to ensure that the picturesque surface will not become just another section of asphalt. GENERAL PLAN CONSISTENCY: The proposed Ordinance is consistent with the following General Plan Goals and Policies in that the Heritage Lane Designation will protect the aesthetics and ensure the preservation of the road. 2 Circulation and Scenic Hi~hwav Element . C1.6.60a-Protect the aesthetic, historic and remaining rural qualities of Saratoga through street design and landscaping. CI68.Oc-Encourage the preservation of the width and appearance of those roads designated as heritage resources by the City FINDING/CRITERIA: In order to designate a roadway a Heritage Lane, the road must meet a minimum of two findings stated in Section 13-15.010 of the Heritage Preservation Chapter 13. In this case the proposed Heritage Lane meets all of the criteria listed in the above referenced section including the followins: It exemplifies or reflects special elements of the cultural, social, economic, political. aesthetic, engineering or architectural history of the City, the County, the State or nation; or It embodies distinctive characteristics of a style, type, period or method ofconstruction, or is a valuable example of the use of indigenous materials. Austin Way's brick roadway was built in 1904 and meets the above stated criteria in that it represents a special element of Sazatoga and Santa Claza County's history. Austin Way's brick roadway is one of the last remaining brick roadways and exemplifies distinct chazacteristics and style. FISCAL IMPACTS: Due to the nature of the brick, the roadway has needed almost no maintenance compared to what is typically required for asphalt roads. However, as part of the Heritage Designation, areas of the brick that were patched with asphalt could be removed and the brick restored. This would constitute a short-term increase in maintenance costs to the road. Currently there is approximately 350 square feet of area that has temporary patches on it. At $20 a square foot it would cost approximately $7.000 plus a contingency of $3,000 for unexpected costs and traffic control for a total of $10,000. To completely restore the roadway and repair all of the patches, cracks and depressions it would cost approximately $112,000, based on repairs to 25% of the roadway. To repair all of the above and improve the site drainage with concrete swales it would cost approximately $188,000. The costs of the signs designating the Heritage Lane have been accounted for in the Heritage Preservation Commission's budget. ADVERTISING, NOTICING AND PUBLIC CONTACT: Mailed notice to adjoining landowners, posted notice, and advertised the notice in the newspaper. ATTACHMENTS: 1. Proposed Ordinance designating Austin Way a Heritage Lane 2. City Council Staff Report and attachments from September 4, 2002 3 ORDINANCE No. . AN ORDINANCE DESIGNATING AUSTIN WAY AS A HERITAGE LANE AND MAHING CERTAIN CONFORMING AMMENDMENTS THE CITY COUNCIL OF THE CITY OF SARATOGA DOES ORDAIN AS FOLLOWS: WHEREAS; the proposed project designating Austin Way as a Heritage Lane is Categorically Exempt from the Environmental Quality Act (CEQA) pursuant Sections 15061(3), the general rule exemption and 15331, "Historical Resource Restoration/Rehabilitation",Class 31 of the Public Resources Code (CEQA). This exemption allows for the restoration and preservation of historic resources and; WHEREAS; the proposed Ordinance is consistent with the following General Plan Goals and Policies in that the Heritage Lane Designation will protect the aesthetics and ensure the preservation of the road. Circulation and Scenic Highway Element CI.6.60a-Protect the aesthetic, historic and remaining rural qualities of Saratoga through street design and landscaping. CI68.Oc-Encourage the preservation of the width and appearance of those roads designated as heritage resources by the City Section 1. Findings. A. The City of Saratoga City Code provides that a roadway may be designated as a heritage lane if it satisfies certain criteria set forth in the City Code; and B. These criteria include: Exemplifying or reflecting special elements of the cultural, social, economic, political, aesthetic, engineering or architectural history of the City, the County, the State or nation; and Embodying distinctive characteristics of a style, type, period or method of construction, or is a valuable example of the use of indigenous materials; and Retaining a substantial degree of architectural and structural integrity with respect to the original design. Ordinance No. • C. The City of Sazatoga Heritage Preservation Commission has determined that Austin Way, a brick roadway built in 1904, meets the above stated criteria in that it represents a special element of Saratoga and Santa Claza County's history and because it is one of the last remaining brick roadways in Sazatoga and exemplifies distinct chazacteristics and style while retaining the azchitectural and structural integrity of the original design. D. The City Council has reviewed the report of the Heritage Preservation Commission and the recommendation of the Planning Commission and, following a duly noticed public heazing and consideration of all testimony and evidence therein presented. has concluded that Austin Way meets the criteria for designation as a Heritage Lane-and shall be designated as such. Section 2. Designation of a Heritage Lane. A. Austin Way, a public roadway in the City of Sazatoga at the location shown in Attachment 2, is hereby designated as a heritage lane. Notwithstanding the permit requirements established by Article 13-20 of the City Code, for projects located within Austin Way a permit shall be required pursuant to that Article only in connection with applications to the City for encroachments or excavations in the City right-of--way pursuant to Article 10-20 of the City Code (Encroachments).) B. The Saratoga Heritage Resource Inventory is hereby amended to list Austin Way as a heritage lane and to describe the actions requiring a permit as set forth in section 2.A of this ordinance. Section 3. Confonning Amendments to the Saratoga City Code. The Saratoga City Code is hereby amended as shown below. A. Section 13-20.010 of the Sazatoga City Code is amended as follows (any text inserted by this amendment is indicated in bold, double-underlined font x m 1 ;any text deleted by this ordinance is indicated in strikeout font (e~rrple); text in standazd font is unchanged by this ordinance): It is unlawful for any person to alter, demolish, remove, relocate or otherwise change any exterior architectural feature or natural feature of a designated historic landmazk or to construct; alter, demolish, remove or relocate any building, improvement or other structure upon any property located within a designated heritage lane or historic district, or to place, erect, alter or relocate 2 Ordinance No. any sign upon or within a designated historic landmazk, heritage lane or historic district, without first obtaining a written permit to do so in the manner provided in this Article, nrovided, however. that the foreeoin~ eauirements shall not annly when alternative Hermit requirements for specific historic landmark, heritage lane. or historic district have been ' red by the ordinance desi~natin:: the landmark, lane. or distric . B. Section 15-10.010 of the Saratoga City Code is hereby amended to add the following subsection to the list of districts established by Chapter 15 (Zoning Regulations) of the City Code: (1) H: Historic Resource Overlay District showing location of historic landmarks, heritage lanes, and historic districts. C. The zoning map of the City of Sazatoga is hereby amended to establish a Historic Resource Overlay District at Austin Way in the location illustrated in Exhibit A hereto. Section 4. Publication and Noticing. This Ordinance shall be published once in a newspaper of general circulation of the City of Saratoga within fifteen days after its adoption. A copy of the Ordinance shall also be sent to the Heritage Preservation Commission, Planning Commission, Saratoga Historical Foundation, Santa Clara County Historical Heritage Commission, and the California State Historic Preservation Officer, and all adjacent property owners. The City Clerk shall record notice of the designation in the office of the Santa Clara Cotmty Recorder. The foregoing Ordinance was initiated at a regular meeting of the City Council September 4, 2002, and introduced at a regular meeting of the City Council of the City of Saratoga held on the 16'h day of October, 2002, and adopted by the following vote following a second reading on the _ day of , 2002: AYES: NOES: ABSENT: Ordinance No. NICK STREIT, MAYOR, CITY OF SARATOGA u ATTEST: CATHLEEN BOYER, CITY CLERK APPROVED AS TO FORM: RICHARD TAYLOR, CITY ATTORNEY 4 Ordinance No. SARATOGA CITY COUNCIL MEETING DATE: September 4, 2002 AGENDA ITEM: L ORIGINATING DEPT: Community Development CITY MANAGER: ~~ PREPARED BY: John F. Livingstone, AICP DEPT HEAD: SUBJECT: Proposed Resolution initiating the Ordinance to designate Austin Way a Heritage Lane. RECOMMENDED ACTION: Staff recommends that the City Council conduct the public heazing, adopt the proposed Resolution, and agendize the proposed Ordinance for the next available City Council meeting. REPORT SUMMARY: The Heritage Preservation Commission recommended to the Planning Commission that Austin Way be designated a Heritage Lane. On July 24, 2002 the Planning Commission adopted a resolution recommended the City Council adopt an Ordinance designating Austin Way a Heritage Lane. The proposed Ordinance will create a Heritage Lane zoning overlay on the existing single-family residential district for Austin Way. The intent of the ordinance is to preserve the existing brick roadway and hopefully restore the portions that have been patched with asphalt. Staff is hoping that the Heritage Lane Designation will increase the possibility of obtaining a grant to assist with the preservation and maintenance of the existing brick roadway. In an effort to not limit improvements to the existing exposed brick portion, staff is recommending that all of Austin Way be designated as a Heritage Lane. PROJECT BACKGROUND: Initially one ofthe neighbors who lives on Austin Way started a petition to have the street dedicated a Heritage Lane. The applicant had obtained support from six neighbors when the momentum for the project slowed. Eazly this yeaz the Heritage Preservation Commission voted to initiate the process and subsequently started the application process. On April 30, 2002 staff mailed a notice of the intent to designate Austin Way a Heritage Lane to every neighbor who has property adjacent to Austin Way. Some of the properties were only connected to Austin Way by a flag lot or in some cases the main part of the lot was located in a neighboring City. In all a total of 16 property owners where sent letters. In order for the recommendation from the Heritage Preservation Commission to proceed to the Planning Commission no more than forty-one percent of the owners could object to the proposal. 1 Staff received two letters of objection to the proposal within the required 45-day period and one letter after the 45-day period. The three letters would only total 18%, therefore allowing the . proposal to continue to the Planning Commission for review. NEIGHBORHOOD FEEDBACK: A total of 151etters were sent to staff concerning the proposed designation. Three of the letters are included in the Planning Commission Staff Report, and 12 were given to the Commission at the July 24, 2002 Planning Commission meeting. Of the 151etters received, three were not in support of the designation, two were in support but were not supportive of the 10-foot review area, and ten were in support of the proposed ordinance. All of the letters are attached to this report. ORDINANCE: Some of the feedback received from the neighbors that objected to the Heritage Lane designation was the additional review of modifications to their homes by the Heritage Preservation Commission. The notice sent to the neighbors was explicit about this additional requirement. The current code for a Heritage Lane allows the Heritage Preservation Commission to review and comment upon all planning entitlement applications and applications for building, demolition, grading or tree removal permits involving work to be performed upon or within a designated Heritage Lane. The Heritage Preservation Code also allows the Planning Commission to include such regulations or controls over the designated property, as the Planning Commission deems reasonably necessary for the conservation and preservation of the roadway. Staff is recommending that any significant landscaping, paving, or construction, such as fences walls or drainage within 10 feet of a property line directly adjacent to Austin Way be subject to review by the Heritage Preservation Commission. The only other designated Heritage Lane is Saratoga Avenue. Saratoga Avenue has several historic structures fronting along the roadway. Austin Way has no historic structures designated on the City of~ Saratoga~s Historic Resource list. Staff feels that in this particular circumstance the additional level of review for properties on Austin Way is not necessary and that the review of projects only within 10 feet of the roadway would be sufficient to preserve the proposed Heritage Lane. HISTORY: Saratoga's Austin Way used to be part of the main road between Sazatoga and Los Gatos. In 1940 , the highway was realigned to eliminate the hazardous curves where Bainter Avenue and Quito Road intersect it. Austin Way commemorates Daniel B. Austin, a California pioneer who bought acreage in this area in 1882 and was the co-founder of a winery that was located near Austin Corners. He also helped establish the school that was named after him. 2 The interurban tracks of the Peninsulaz Railway ran alongside the highway. The trolley line was in operation from 1904 to 1933, linking the towns of the central Santa Claza Valley. The Saratoga segment of Austin Way is one of the very few remaining sections of brick highway paving to be found. It is the goal of the Sazatoga Heritage Preservation Commission to have Austin Way designated a Heritage Lane to ensure that the picturesque surface will not become just another ,.... section of asphalt. - _--- GENERAL PLAN CONSISTENCY: The proposed Ordinance is consistent with the following General Plan Goals and Policies in that the Heritage Lane Designation will protect the aesthetics and ensure the preservation of the road. Circulation and Scenic Hiphway Element CI.6.60a-Protect the aesthetic, historic and remaining rural qualities of Saratoga through street design and landscaping. C168.Oc-Encourage the preservation of the width and appearance of those roads designated as heritage resources by the Ciry FINDING/CRITERIA: In order to designate a roadway a Heritage Lane, the road must meet a minimum of two findings stated in Section 13-15.010 of the Heritage Preservation Chapter 13. In this case the proposed Heritage Lane meets all of the criteria listed in the above referenced section including the following: It exemplifies or reflects special elements of the cultural, social, economic, political, aesthetic, engineering or architectural history ofthe Ciry, the County, the State or nation,' or It embodies distinctive characteristics of a style, type, period or method ofconstruction, or is a valuable example of the use of indigenous materials. Austin Way's brick roadway was built in 1904 and meets the above stated criteria in that it represents a special element of Saratoga and Santa Clara County's history. Austin Way's brick roadway is one of the last remaining brick roadways and exemplifies distinct characteristics and style. ALTERNATIVES: The Council may amend the proposed ordinance to remove the restriction requiring that any significant landscaping, paving, or construction, such as fences walls or drainage within 10 feet of a , property line directly adjacent to Austin Way be subject to review by the Heritage Preservation Commission. 3 i FISCAL IMPACTS: Due to the nature of the brick, the roadway has needed almost no maintenance compared to what is typically required for asphalt roads. However, as part of the Heritage Designation, azeas ofthe brick that were patched with asphalt could be removed and the brick restored. This would constitute a short-term increase in maintenance costs to the road. The costs of the signs designating the Heritage Lane have been accounted for in the Heritage Preservation Commission's budget. ADVERTISING, NOTICING AND PUBLIC CONTACT: Mailed notice to adjoining landowners, posted notice, and advertised the notice in the newspaper. ATTACHMENTS: 1. Resolution initiating the designation of Austin Way as a Heritage Lane 2. Proposed Ordinance designating Austin Way a Heritage Lane 3. Planning Commission Staff Report and attachments from July 24, 2002 4. Minutes from Plazming Commission meeting of July 24, 2002 5. Letters from neighbors presented to the Planning Commission July 24, 2002 4 RESOLUTION N0.02- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA INITIATING FINAL DESIGNATION OF AUSTIN WAY A HERITAGE LANE WHEREAS, the Heritage Preservation Commission has on its own initiative considered designating Austin Way as a Heritage Lane and has held several public meetings to consider said designation and has recommended that said designation be adopted by the Ciry Council; and WHEREAS, the Heritage Preservation Commission mailed written notice of its recommendation to each person whose name appeared on the latest available County tax roll as owning property abutting Austin Way describing the designation and advising the recipients of their right to file written objections to the proposal and written objections were received from 18 percent of the affected landowners; and WHERAS, the recommendation of the Heritage Preservation Commission was forwarded to the Planning Commission which conducted a public hearing on the proposed designation after mailing notice of the hearing to each person whose name appeared on the latest available Counry tax roll as owning property abutting Austin Way; and WHEREAS, following the public hearing on the proposed designation the Planning Commission recommended that the Ciry Council approve the proposed designation by adopting the ordinance attached hereto as Attachment 2; and WHEREAS, the Ciry Council has reviewed the recommendation of the Planning Commission, the report and recommendations of the Heritage Commission, the information and documentation pertaining thereto, and the correspondence from the public concerning the proposed designation. Written objections were received from 18 percent of the affected landowners and considered by the Heritage Preservation Commission. NOW THEREFORE BE IT RESOLVED that the City Council of the City of Saratoga does hereby: 1. Determine that Austin Way should be considered for designation as a Heritage Lane; 2. Initiate final designation proceedings for Austin Way; 3. Direct the City Clerk to schedule a public hearing on the proposed designation at the next available City Council meeting after notice may be given and no more than 60 days from the date of this resolution; and 4. Direct that no action be taken by the City within the next 120 days that would cover or remove the exposed brickwork on Austin Way. The foregoing resolution was adopted by the following vote on the 4`h day o£ September 2002. AYES: NOES: .ABSENT: ABSTAIN: ATTEST: Cathleen Boyer, City Clerk Nick Streit, Mayor ORDINANCE No. AN ORDINANCE DESIGNATING AUSTIN WAY AS A HERITAGE LANE AND MAHING CERTAIN CONFORMING AMMENDMENTS THE CITY COUNCIL OF THE CITY OF SARATOGA DOES ORDAIN AS FOLLOWS: WHEREAS; the proposed project designating Austin Way as a Heritage Lane is Categorically Exempt from the Environmental Quality Act (CEQA) pursuant Sections 15061(3), the general rule exemption and 15331, "Historical Resource Restoration/Rehabilitation",Class 31 of the Public Resources Code (CEQA). This exemption allows for the restoration and preservation of historic resources and; WHEREAS; the proposed Ordinance is consistent with the following General Plan Goals and Policies in that the Heritage Lane Designation will protect the aesthetics and ensure the preservation of the road. Circulation and Scenic Hiehwav Element CI.6.60a-Protect the aesthetic, historic and remaining rural qualities of Saratoga through street design and landscaping. CI68.Oc-Encourage the preservation of the width and appearance of those roads • designated as heritage resources by the City Section 1. Findings. A. The City of Saratoga City Code provides that a roadway may be designated as a heritage lane if it satisfies certain criteria set forth in the City Code; and B. These criteria include: Exemplifying or reflecting special elements of the cultural, social, economic, political, aesthetic, engineering or architectural history of the City, the County, the State or nation; and Embodying distinctive characteristics of a style, type, period or method of ' construction, or is a valuable example of the use of indigenous materials; and Retaining a substantial degree of azchitectural and structural integrity with respect to the original design. Ordinance No. • C. The City of Sazatoga Heritage Preservation Commission has determined that Austin Way, a brick roadway built in 1904, meets the above stated criteria in that it represents a special element of Sazatoga and Santa Clara Countys history and because it is one of the last remaining brick roadways in Sazatoga and exemplifies distinct characteristics and style while retaining the architectural and structural integrity of the original design. D. The City Council has reviewed the report of the Heritage Preservation Commission and the recommendation of the Planning Commission and, following a duly noticed public hearing and consideration of all testimony and evidence therein presented, has concluded that Austin Way meets the criteria for designation as a Heritage Lane and shall be designated as such. Section 2. Designation of a Heritage Lane. A. Austin Way, a public roadway in the City of Saratoga at the location shown in Attachment 3, is hereby designated as a heritage lane. Notwithstanding the permit requirements established by Article 13-20 of the City Code, the a permit shall be required pursuant to that article only to the following actions occurring on or within I 0 feet of Austin Way: any paving, construction (such as fences, walls, or drainage) or removal or destruction of any protected tree as that term is defined in section 15-50.050 of the City Code. B. The Saratoga Heritage Resource Inventory is hereby amended to list Austin Way as a heritage lane and to describe the actions requiring a permit as set forth in section 2.B of this ordinance. Section 3. Conforming Amendments to the Sazatoga City Code. The Saratoga City Code is hereby amended as shown below. A. Section 13-20.010 of the Saratoga City Code is amended as follows (any text inserted by this amendment is indicated in bold, double-underlined font g le); any text deleted by this ordinance is indicated in strikeout font (exile); text in standard font is unchanged by this ordinance): It is unlawful for any person to alter, demolish, remove, relocate or otherwise change any exterior architectural feature or natural feature of a designated historic landmark or to construct, alter, demolish, remove or relocate any building, improvement or other structure upon any property located within a designated heritage lane or historic district, or to place, erect, alter or relocate ! 2 Ordinance No. any sign upon or within a designated historic landmark, heritage lane or historic district, without first obtaining a written permit to do so in the manner provided in this Article. provided. however, that the foregoing reauirements s I not apply when alternative permit reauirements for pecitic historic landmark. heritage lane. or historic district have been finance designating the landmark, lane, or distric . B. Section 15-10.010 of the Sazatoga City Code is hereby amended to add the following subsection to the list of districts established by Chapter 15 (Zoning Regulations) of the City Code: (1) H: Historic Resource Overlay District showing location of historic landmarks, heritage lanes, and historic districts. C. The zoning map of the City of Saratoga is hereby amended to establish a Historic Resource Overlay District at Austin Way in the location illustrated in Exhibit A hereto. Section 4. Publication and Noticing. This Ordinance shall be published once in a newspaper of general circulation of the City of Saratoga within fifteen days after its adoption. A copy of the Ordinance shall also be sent to the Heritage Preservation Commission, Planning Commission, Saratoga Historical Foundation, Santa . Clara County Historical Heritage Commission, and the California State Historic Preservation Officer, and all adjacent property owners. The City Clerk shall record notice of the designation in the office of the Santa Clara County Recorder. The foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Saratoga held on the _ day of , 2002, and adopted by the following vote following a second reading on the _ day of _, 2002: AYES: NOES: ABSENT: Ordinance No. • NICK STREIT, MAYOR, CITY OF SARATOGA ATTEST: CATHLEEN BOYER, CITY CLERK APPROVED AS TO FORM: RICHARD TAYLOR, CITY ATTORNEY . 4 Ordinance No. ITEM 3 REPORT TO THE PLANNING COMMISSION ~ Application No./Location: App # 02-127/ Austin Way Applicant/Owner: City of Saratoga Staff Planner: John F. Livingstone, Associate Planner~~~ Date: July 24, 2002 APN: N/A Department Head AUSTIN WAY ODU(IE~1 STAFF A\ALYSIS ZONING. R-1-~Q000 (Single Family Residential) GENERAL PLAN DESIGNATION: RVLD (Residential Very Low Density) RHC (Residential Hillside Conservation) MEASURE G: Not applicable PARCELSIZE: Not applicable AVERAGE SITE SLOPE: Approximately 5% GRADING REQUIRED: No significant grading will occur. ENVIRONMENTAL DETERM WATION The proposed project designating Austin Way as a Heritage Lane is Categorically Exempt from the Environmental Quality Act (CEQA) pursuant Sections 1061(3), the general rule exemption and 1331, "Historical Resource Restoration/Rehabilitation", Class 31 of the Public Resources Code (CEQA). This exemption allows for the restoration and preservation of historic resources. PROJECT DISCUSSION The Heritage Preservation Commission is recommending to the Planning Commission that Austin Way be designated a Heritage Lane. The proposed Ordinance will create a Heritage Lane zoning overla}' for the existing single-family residential district. The intent of the ordinance is to preserl~e the existing brick roadway and hopefully restore [he portions that have been patched with asphalt Staff is hoping that the Heritage lane Designation will increase the possibility of obtaining a grant to assist with the preservation and maintenance of the existing brick roadway:. In an effort to not limit improvements to the existing exposed brick portion, staff is recommending that all of Austin Way be designated as a Heritage Lane PROJECT BACKGROUND Initially one of the neighbors who lives on Austin Way started a petition to have the street dedicated a Heritage Lane. The applicant had obtained support from six neighbors when the momentum for the project slowed. Early this year the Heritage Preservation Commission voted to initiate the process and subsequently started the application process. On Apri130, 2002 staff mailed a notice of the intent to designate Austin Way a Heritage Lane to every neighbor who has property adjacent to Austin Way. Some of the properties were only connected to Austin Way by a flag lot or in some cases the main part of the lot was located in a ~DDO~~i File No. OZ-I27,•Austi 'ay neighboring City. In all a total of 16 property owners where sent letters (Attachment #3). In order for the recommendation from the Heritage Preservation Commission to proceed to the Planning Commission no more than forty-one percent of the owners could object to the proposal. Staff received two letters of objection to the proposal within the required 45-day period and one letter after the 45-day period (Attachment #4). The three letters would onl}- tota118%, therefore allowing the proposal to continue to the Planning Commission for re~~iew. ORDINANCE Some of the feedback received from the neighbors that objected to the Heritage Lane designation was the additional review of modifications to their homes by the Heritage Preservation Commission. The notice sent to the neighbors was explicit about this additional requirement. The current code for a Heritage Lane allows the Heritage Preservation Commission to review and comment upon all planning entitlement applications and applications for buflding, demolition, grading or tree removal permits involving work to be performed upon or within a designated Heritage Lane. The Heritage Preservation Code also allows the Planning Commission to include such regulations or controls over the designated property, as the Planning Commission deems reasonabl}' necessary for the conservation and preservation of the roadway. Staff is recommending that any significant landscaping, paving, or construction ~~~thin 10 feet of a property line duectl}' adjacent to Austin Wa}' be subject to review b} the Heritage Preservation Commission. The only other designated Heritage Lane is Saratoga Avenue. Saratoga Avenue has several historic structures fronting along the roadway. Austin Way has no historic structures designated on the Ciry of Saratoga s Historic Resource list. Staff feels that in this particular circumstance the additional level of review for properties on Austin Way is not necessai~~ and that the re«ew of projects only within 10 feet of the roadway would be sufficient to preserve the proposed Heritage Lane. HISTORY Saiatoga's Austin Way used to be part of the main road between Saratoga and Los Gatos. In 19-+0 the highway was realigned to eliminate the hazardous curves where Bainter Avenue and Quito Road intersect it. Austin Way commemorates Daniel B. Austin, a California pioneer ~vho bought acreage in this area in 188? and was the co-founder of a winery that was located near Austin Corners. He also helped establish the school that was named after him. The interurban tracks of the Peninsular Railway ran alongside the highway. The trolley lint was in operation from 1904 to 1933, linking the towns of the central Santa Clara Valley. Thf Saratoga segment of Austin Way is one of the very few remaining sections of brick highwa} paving to be found. It is the goal of the Saratoga Heritage Preservation Commission to havF Austin Way designated a Heritage Lane to ensure that the picturesque surface will not become just another section of asphalt. C\MyDxumert¢\]ohn L\H~A~ssnnway\PCS¢HReportdoc 000003 File No. 02-127,'Austu Jay GENERALPLAN CONSISTENCY The proposed Ordinance is consistent with the following General Plan Goals and Policies in that the Heritage Lane Designation will protect the aesthetics and ensure the preservation of the road. Circulation and Scenic Highway Element CL6.60a-Protect the aesthetic, historic and remaining rural qualities of Saratoga through sn-eet design and landscaping. CI68.Oc-Encourage the preservation of thewidthand appearanceof those roads designated as heritage resources by the City FINDINGS/CRITERIA In order to designate a roadway a Heritage Lane, the road. must meet a minimum of two findings stated in Section 13-15.010 of the Heritage Preservation Chapter 13. In this case the proposed Heritage Lane meets all of the criteria listed in the above referenced section including the following: It exemplifies or reflects special elements of the cultural, social, economic, political, aesthetic, engineeringor architectural history of the City, the County, the State or nation; or It errbadies distinctive characteristics of astyle, type, period or method of construction, or is a valuable example of the we of indigenous materials. Austin Wa}~ s brick roadway was built in 1904 and meets the above stated criteria in that it represents a special element of Saratoga and Santa Clara County's history. Austin Wa}'s brick roadway' is one of the last remaining brick roadways and exemplifies distinct characteristics and st\ Ic. STAFF RECO~i~1EtiDATION Staff recommends the Planning Commission recommend to the Ciry Council approval of the Heritage Lane Designation for Austin Way by adopting the attached Resolution recommending the attached draft Ordinance to the City Council. Attachments 1. Planning Commission Resolution 2. Ciry Council Ordinance 3. Letter to neighbors 4. Letters from neighbors 5. Historic Photo C \My6xumenu\John L~HPQAUSnn Way\PC3raf(Repart d« OOO~OY - Attachment 1 APPROVAL OF RESOLUTION NO. 02-040 - CITY OF SARATOGA PLANNING COMMISSION RECOMMENDATION TO THE CITY COUNCIL TO DESIGNATE AUSTIN WAY A HERITAGE LANE STATE OF CALIFORNIA WHEREAS, the City of Saratoga Planning Commission has received a recommendation from the Heritage Preservation Commission to designated Austin Way as a Heritage Lane; and WHEREAS, the Plann;ng Commission held a duly noticed Public Hearing at which time all interested parties were given a full opportunity to be heard and to present evidence; and Whereas the proposed project designating Austin Way as a Heritage Lane is Categorically Exempt from the Environmental Quality Act (CEQA) pursuant Sections 15061(3), the general rule exemption and 15331, "Historical Resource Restoration/Rehabilitation', Class 31 of the Public Resources Code (CEQA). This exemption allows for the restoration and preservation of historic resources and; WHEREAS, the applicant has met the burden of proof required to support said application for a Heritage Lane, and the following findings have been determined: In order to designate a roadway a Heritage Lane the road must meet a minimum of two findings stated in Section 13-15.010 of the Heritage Preservation Chapter 13. In this case the proposed Heritage Lane meets all of the criteria listed in the above referenced section including the following: It exemplifies or reflects special elements of the cultural, social, economic, political, aesthetic, engineering or architectural history of the City, the County, the State or nation; or It embodies distinctive characteristics of a style, type, period or method of construction, or is a valuable example of the use of indigenous materials. Austin Way's brick roadway was built in 1904 and meets the above stated criteria in • that it represents a special element of Saratoga and Santa Clara Countc~'s history-. Austin Way's brick roadway is one of the last remaining brick roadways-and exemplifies distinct characteristics and style. _. WHEREAS, the proposed project is consistent with the City of Saratoga's General Plan required to support said application for a Heritage Lane, and the following findings have been determined: The proposed Ordinance (Attachment #2) is consistent with the following General Plan Goals and Policies in that the Heritage Lane Designation will protect the aesthetics and ensure the preservation of the road. Circulation and Scenic Highway Element C7.3.30-Protect the aesthetic, historic and remaining rural qualities of Saratoga through street design and landscaping. CI.8.0-Encourage the preservation of the width and appearance of those roads designated as heritage resources by the City NOW, THEREFORE, the Planning Commission of the City of Saratoga does hereby resolve as follows: Section 1. After careful consideration the application to designate Austin Way as a Heritage Lane is hereby recommended to the City Council for approval. PASSED AND ADOPTED by the City of Saratoga Planning Commission, State of California, this 24th day of July 2002 by the following roll call vote: AYES: BARRY, HUNTER, JACKMAN, KURASCH, ROUPE NOES: ABSENT: ZUTSHI, GARAKANI ABSTAIN: • • ~ '"1 Chair, Pl ing Commission ATTEST: ~~~ Secretary, Planning Commission • ORDINANCE NO.02- Attachment 2 • AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SARATOGA DESIGNATING AUSTIN WAY A HERITAGE LANE WHEREAS; the Heritage Preservation Commission and Planning Commission have recommended to the Ciry Council that Austin- Way be designated a Heritage Lane. The proposed Ordinance will create a Heritage Lane zoning overlay for the existing single-family residential district and; WHEREAS; the proposed project designating Austin Way as a Heritage Lane is Categorically Exempt from the Environmental Quality Act (CEQA) pursuant Sections 15061(3), the general rule exemption and 15331, "Historical Resource Restoration/Rehabilitation", Class 31 of the Public Resources Code (CEQA). This exemption allows for the restoration and preservation of historic resources and; WHEREAS; the proposed Ordinance is consistent with the following General Plan Goals and Policies in that the Heritage Lane Designation will protect the aesthetics and ensure the preservation of the road. Circulation and Scenic Highway Element CI.6.60a-Protect the aesthetic, historic and remaining rural qualities of Saratoga through street design and landscaping. CI68.Cc-Encourage the preservation of the width and appearance of those roads designated as heritage resources by the City \~'HEREAS; in order to designate a roadway a Heritage Lane, the road must meet a minimum of two findings stated in Section 13-15.010 of the Heritage Preservation Chapter 13. In this case the proposed Heritage Lane meets all of the criteria listed in the above referenced section including the following: It exemplifies or reflects special elements of the cultural, social, economic, political, aesthetic, engineering or architectural history of the City, the County, the State or nation; or It embodies distinctive characteristics of a style, type, period or method of construction, or is a valuable example of the use of indigenous materials. Austin Way's brick roadway was built in 1904 and meets the above stated criteria in that it represents a special element of Saratoga and Santa Clara County's history. Austin Way's brick roadway is one of the last remaining brick roadways and exemplifies distinct characteristics and style. I~TOW, THEREFORE, that the Ciry Council of the Ciry of Saratoga does hereby deems Austin Way a Heritage Lane and subject to only the following: ~~0~~"~ That any significant landscaping, paving, or construction, such as fences walls or drainage _ within 10 feet of a property line directly adjacent to Austin Way be subject to review by the Heritage Preservation Commission. . This ordinance or a comprehensive summary thereof shall be published in a newspaper of general circulation of the City of Sazatoga within 15 days after its adoption. A copy of the Ordinance shall also be sent to the Heritage Preservation Commission, Planning commission, Saratoga Historical Foundation, Santa Claza County Historical Heritage Commission, and the California State Historic Preservation Officer, and all adjacent property owners. The foregoing ordinance was introduced and read at the regular meeting of the City Council of the City of Saratoga held on the _`h 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 APPRO\'ED AS TO FORM: Richard Taylor, City Attorney Attachment 3 C~~~~ o~ ~ ° ° BOO C~~ 13777 FRUITVALE AVENUE • SARATOGA, CALIFORNIA 95070 • (408) 865-1200 incorporated October 22, 1956 April 30, 2002 RE: Designation of Austin Way as a Heritage Lane Dear Sir or Madam: COUNCIL 11EbtBERS: c"van Bake' Stan Bogosian Jonn Mena Hey NECK Streit Ann Wattonsmith The City of Saratoga's Heritage Preservation Commission is recommending that all of Austin Way be designated as a Heritage Lane. The intent of the Heritage Preservation Commission's proposal is to preserve the brick roadway. As part of the designation the condition that any building or additions to homes, demolition, grading, or tree removal permits would be reviewed by the Heritage Preservation Commission as stated in Section 13-10.050 (e) of the enclosed Municipal Code. Ordinary maintenance and repair would not require review. The bricks on Austin Way were laid around 1904 when the Railway ran alongside Austin Way. The trolley line connected Saratoga to San Jose and was in operation to 1933. The Heritage Preservation Commission's goal is to have Austin Way designated as a Heritage Lane, thereby ensuring that the picturesque surtace is preserved for years to come. Written objections to the proposal must be filed within 45 days from the date of this notice to the Heritage Preservation Commission. If you have any questions please contact me at 408.868.1231. Sincerely, ~ ~. . John F. Living one Associate Planner Enclosures 1. Copy of map showing Austin Way and brick area 2. Copy of Ordinance Section for Heritage Lanes • 000009 ~ ~ : . ' , ~ ~ / ~ i \ ~ ~ ~ ,' . :~ ~ ~% S ~~ i /~ SUNNYSIDE LAS G~?, S ~~~ ~~~ ~. Attachment 4 Inlay 33, zoooa RE: Designation of Aunin Wayas a Heritage Lane Mr. John Livingstone 13777 Fntirvale Avenue Saratoga, California - 95070 Dear Mr. John Livingstone, After reviewing your recent letter regarding the designation of the Austin Way as a Heritage Lane, we have decided to strongly and respectfully object to the proposal on the following basis: 1. The bricks on Austin Way significantly contribute to increased amounts of wear and tear on automobiles that navel on this road daily. 2. The bricks create a significantly higher level of noise as compared to other paved roads. 3. It would introduce additional government control over the immediately affected taxpayer properties by the need for additional and unnecessary permits and possibly fees (unfair taxation). It is incomprehensible the cultural value that a brick mad will have on iss citizens and the potential value that it will bring to their properties. We would instead kindly suggest that the bricks be covered to eliminate the two problems described above. Sincerely, ~~ tel. ~l/1/'i~'~": I ~ Flavio S. DeCanilhos C~ 15705 LANCASTER ROAD MONTE SER ENO, CALIFORNIA -.950}0 000011 Stephen D. Hall 19201 Bountiful Acres Saratoga, CA 95070 May 9, 2002 Heritage Preservation Commission City of Sazatoga 13777 Fruitvale Avenue Saratoga, CA 95070 RE: Designation of Austin Way as a Heritage Lane Members of the Heritage Preservation Commission: I received the enclosed letter from the City of Saratoga recently and am writing to object to the proposal to designate Austin Way as a Heritage Lane. The reasons for my objections are both because I am a property owner that maybe affected and because I am a taxpayer and resident of Saratoga. As a property owner, I do not believe the Ordinance should include our property at all. To begin with, our property fronts on Bountiful Acres and has a Bountiful Acres address. Only the Northwest side or our property is on Austin Way. Secondly, our home was built in or around 1975, hardly a "heritage" house by anyone's definition. To cause this house to fall under that designation seems totally inappropriate. Although that portion of Austin Way that is bricked may have historical significance, the homes on or near it almost certainly do not. Wouldn't it be easier and less onerous to simply designate the brick portion of Austin Way a Heritage Lane? I am also very concerned about the additional governmental review and approvai process this will present to homeowners affected by this act. We currently have a very diligent Planning Commission in Saratoga and adding another review body to this would cost a property owner more time and more money and take a bit more of his discretion as a property owner away from him. We are long-time residents of Saratoga (1979). We have raised our four children here and have enjoyed its beauty and unique rural charm. We have also enjoyed Saratoga for its quietness, lack of restrictions and freedom to do as we wish as property owners and residents. Let's make sure we preserve those values as well. Sincerely, 000012 John Livingstone From: Mike Garakani [mike.garakani@exar.com] Sent: Friday, May 31, 2002 11:24 AM To: john)@saratoga.ca.us Subject: Designation of Austin Way as a Heritage Lane Hi John, With reference to the recent proposal by Heritage Preservation Commission, I do not have any objections to preserve the brick roadway and fix the damaged areas with the same or similar material. However, I do object the designation of Austin Way as a Heritage Lane. Regards, Mike Garakani 19061 Austin Way Saratoga, CA 95070 ~J 1 ~0~~13 THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK i ~~ 000014 Attachment S Oooois THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK ~~ ooools •~ - ,r. .. ~, `: ~='' •~ . ~: ~r ~~r! ~~i-~ MINUTES ~~` ;/' S~ SARATOGA PLANNING COMMISSION - DATE: Wednesday, July 24, 2002 PLACE: Council Chambers/Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA TYPE: Regular Meeting Chair Jackman called the meeting to order at 7:03 p.m. ROLL CALL Present: Commissioners Batry, Hunter, Jackman, Kurasch and Roupe Absent: Commissioners Garakani and Zutshi Staff: Director Tom Sullivan, Associate Planner John Livingstone, Planner Lata Vasudevan and Planner Ann Welsh PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES -Regular Meeting of July 10, 2002. Motion: Upon motion of Commissioner Roupe, seconded by Commissioner Barry, the regular Planning Commission minutes of July 10, 2002, were approved as submitted with a minor corrections on pages 7 and 11. AYES: Barry, Jackman, Kurasch and Roupe NOES: None ABSENT: Garakani and Zutshi ABSTAIN: Hunter REPORT OF POSTING AGENDA Director Tom Sullivan announced that, pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on July 18, 2002. REPORT OF APPEAL RIGHTS Chair Jackman announced that appeals are possible for any decision made on this .Agenda by filing 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). ORAL COMMUNICATIONS • There were no oral communications Saratoga Planning Commission Minutes of July 24, 2002 Page 10 Commissioner Kurasch said that she has no support for the five foot fence but rather supports conformance with the Public Works requirements. Wondered how many other fences are located • within the public right-of-way. Since it is public property, the City has to be careful how it is used. Commissioner Hunter concurred. Commissioner Barry also concurred. She added that the three-foot fence would be fine and look nice. Commissioner Roupe said that he supports the concept of the three-foot high fence. He added that no new information has been presented to change the original decision and that he will stand by the original decision. Chair Jackman concurred. Motion: Upon motion of Conunissioner Hunter, seconded by Commissioner Barry, the Planning Commission upheld the original Conditions and denied a request for a Modification of Approved Project for 14771 Montalvo Road. AYES: Barry, Hunter, Jackman, Kurasch and Roupe NOES: None ABSENT: Garakani and Zutshi ABSTAIN: None Chair Jackman allowed Mr. Medhi Siadat to address the Commission. Mr. Medhi Siadat, Applicant and Property Owner, 14771 Montalvo Road, Sazatoga: • Dec]azed that his property was a piece of trash before he owned it. • Said that he is being penalized with the limit to athree-foot high fence. *** PUBLIC HEARING -ITEM N0.3 Application #02-127 -CITY OF SARATOGA. Austin Way: Request to designate all of Austin Way a Heritage Lane to preserve the existing brick roadway that was built in 1904. (I.IVINGSTONE) Associate Planner John Livingstone presented the staff report as follows: • Stated that the Heritage Preservation Commission is recommending that Austin Way be designated a Heritage Lane, creating a Heritage Lane Zoning Overlay. • Advised that 15 communications were received. Three were included in the packet and the remainder distributed this evening. Three were not in support. Two were in support of the preservation of the brick roadway but were not supportive of the 10-foot review area. Ten were in support. • Added that the intent is to protect and preserve the brick roadway. The Heritage Lane designation would allow the City to obtain grants for the preservation and maintenance of the brick road. The proposal is that all of Austin Way be designated as a Heritage Lane. Although the old brick road is not visible along the entire street, efforts will be taken to see if there is any old brick roadway covered up further up the road. Saratoga Planning Commission Minutes of July 24, 2002 Paee 1 J • Pointed out that Austin Way is also located across Highway 9 but that portion of the street is located in Monte Sereno and would not be included in this Heritage Lane Overlay. • Informed that Austin Way is named in honor of Daniel B. Austin, who bought the property in 1882 and co-founded a winery. A local school is named in his honor. • Said that the Saratoga segment is one of the few brick paved highways left. • Stated that the project meets necessary criteria and is consistent with the City's General Plan. • Recommended that the Commission forward a recommendation of approval to Council. Commissioner Hunter advised that there is already one Heritage Lane, Saratoga Avenue. The Heritage Preservation Commission reviews changes to the homes on that street. Asked if that would also be true in this case. Associate Planner John Livingstone advised that the Section in the Ordinance allows flexibility. On Saratoga Lane the homes are reviewed because these are historic homes. There are no designated historic homes along Austin Way. The only section of these properties that would be subject to review for any major changes is the 10 feet closest to the public right-of-way. Commissioner Hunter pointed out that some letters indicate a concern over the impacts of this Heritage Lane Overlay on their homes. Associate Planner John Livingstone advised that any significant changes within 10 feet of the road would require review. Commissioner Rouge reminded that there are no historic homes. Added that any fences already in place would be grandfathered and could be maintained and/or repaired. Associate Planner John Livingstone said that Commissioner Rouge is correct. Commissioner Kurasch asked if there are any additional restrictions on use of property as a result of Heritage Lane Overlay and if the residents would be looking at any additional costs, fees or surcharges. Associate Planner John Livingstone replied that there would be no direct costs imposed on the residents. Staff did budget some funds to place new signs commemorating the Heritage Lane designation. Additionally, any future patches would be more expensive for the City to instal] because the patches would have to be done in brick rather than asphalt. Commissioner Kurasch asked for the right-of-way distance. Associate Planner John Livingstone replied that the right-of-way is 40 feet. The brick road itself is'18 to 20 feet wide but the City owns 40 feet. There could be up to 10 feet of City-owned shoulder on each side of the brick roadway. The proposed Heritage Lane designation would add another 10 feet on the private property for review when any major construction is proposed such as walls and fences. Commissioner Hunter suggested limiting truck traffic on this brick road and asked if these large trucks cause damage to the bricks. Associate Planner John Livingstone said that he did not know the answer to that question but that the Safety Commission could look into that matter and consider establishing limits. Sazato~a Planning Commission Minutes of July 24, 2002 Page 12 Director Tom Sullivan pointed out that the street is used for construction access as well as weekly gazbage collection and that these vehicles would have to continue to have access to provide these uses. Associate Planner John Livingstone advised that the Chair of the Heritage Preservation Commission is present as well as another member of the Commission. Chair Jackman opened the Public Hearing for Agenda Item No. 3 at 8:56 p.m. Ms. Neema Malhotra, 19088 Austin Way, Saratoga: • Asked whether it is known if this designation would affect property values in either a negative or positive way. Commissioner Hunter replied that the designation adds character and is a wonderful distinction. Informed that this is an original road between Los Gatos and Saratoga. Chair Jackman said that she believes the Heritage Lane designation would probably raise property values. The other street so designated is Saratoga Avenue. Ms. Neema Malhotra asked about additional restrictions. Chair Jackman restated that the only azea requiring review is the 10 feet of private property adjacent to the public right-of-way. Commissioner Barry added that the Heritage Preservation Commission would review only major changes. Commissioner Hunter pointed out that driving on brick roads slows traffic down. Mr. Vino Malhotra, 19088 Austin Way, Sazatoga: • Stated that he is against the proposed Heritage Lane designation because there is no historic significance. There are no structures, homes and/or landmazks on this street. • Added that it is unclear what the City will do to the public right-of-way. • Said that he finds this would create an unnecessary burden of additional review processes. • Suggested limiting the designation simply to the 40 feet of public right-of-way. Mr. Tom Keeble, 19041 Austin Way, Saratoga: • Said that he has lived on Austin Way for 18 years and started a petition to preserve the brick road several years ago when he began noticing that repairs to the brick road were being performed with asphalt. • Advised that he is interested in preventing repairs of the brick road with asphalt in the future. • Responded to concems raised about the noise of driving on this road by stating that as long as posted speeds are met, there is no noise impact.. Speed driving on the road does increase its noise levels. • Added that the concerns mentioned about wear and tear on vehicles from the brick road do not have merit. The road is but 700 feet long and will not increase wear and teaz of vehicles in any significant way. Saratoga Planning Commission Minutes of July 24, 2002 Pase 13 • Pointed out that this is a 98-yeaz-old brick road and that the only thing that has been done over the last 18 yeazs is the painting of double yellow lines twice. .-Encouraged the Commission to pass the proposal on to Council with a recommendation of approval. Commissioner Kurasch asked Mr. Keeble if he feels this road is significant. Mr. Tom Keeble replied yes. Commissioner Hunter told Mr. Keeble that she was serving on the Heritage Preservation Commission when he first brought forward his idea to preserve this brick road and thanked him for his efforts. Mr. Willys Peck, 14275 Saratoga Avenue, Sazatoga: Said that he resid8s on the only existing Heritage Lane. • Stated that this designation involves a trade off. • Said that he does not argue with opponents concems about the wear on cars but said that if something is worth preserving, doing so can involve a trade off. • Informed that the Heritage Lane designation for Saratoga Avenue came about because of rumors of plans to widen it. Mr. Latry Fine circulated a petition. • Proposed that the Commission preserve this scenic resource which he refers to as the "mellow brick road." • Added that the inconvenience can be offset by historic value of this roadway. It is worth preserving some pieces of our historical past. • Stated that he was disappointed when Monte Sereno paved over the only existing portion of the trolley tracks there. • Advised that he has lived here all of his life and had ridden the streetcars when they were there. Commissioner Roupe asked Mr. Peck if he felt that his property value decreased or increased with the Heritage Lane designation for Saratoga Avenue. Mr. Willys Peck replied that he cannot offer an opinion but pointed out that he paid $12,000 for his home in 1951 and it was not so long ago appraised for $1.2 million. Commissioner Barry asked Mr. Peck, along-time member of the Heritage Preservation Commission, whether he has any concems that the Heritage Preservation Commission and/or City will be difficult with property owners over the 10 feet adjacent to the public right-of-way and what kinds of things they might recommend against. Mr. Willys Peck replied that the HPB would probably not look at much more than fences. Commissioner Kurasch asked about the long-term effect if the brick road is not designated a Heritage Lane. Mr. Willys Peck answered that it would likely be repaved with asphalt and at some point redone altogether. Added that other brick sections along Sazatoga-Sunnyvale Road have already been taken out. Sazatosa Plannino Commission Minutes of July 24, 200^_ Pase 14 Commissioner Hunter pointed out that people who deal with the Heritage Preservation Commission get the opportunity to speak with Mr. Peck, the Town's historian. Mr. Deon Glajchen, 19100 Austin Way, Saratoga: • Thanked the Commission for their time. • Said that he submitted an email and is supportive of the concept to preserve the historic road but has concerns about the 10-foot restriction. • Added that he understands the spirit but is not sure why any restrictions are required for the 10 feet of private property. • Asked what is meant by major construction and whether it would impact plans to enlazge a fence. • Suggested that any proposed restrictions be clearly stated now. • Pointed out that the section of Austin Way across from the Fire Station serves as a parking area for construction vehicles and that is something that should be looked into. • Agreed that sticking to posted speeds would prevent noise issues from driving on this brick road. Commissioner Roupe said that the road itself is 20 feet wide. There is a 10-foot City right-of-way on both sides of the street and the 10 feet directly adjacent on the private property to the public right-of- way would require review for major construction. Agreed that the parking near the Fire Station is unsightly but pointed out that it is not within Saratoga jurisdiction: Associate Planner John Livingstone said that it is in the Caltrans right-of-way. Commissioner Roupe suggested asking Caltrans to post this area as no parking if possible. Commissioner Barry asked Mr. Glajchen to be more specific about his plans to enlarge his fence. Added that there may be existing Codes that apply already to his plans. Mr. Deon Glajchen agreed that existing Codes may exist but restated that it may not be necessary to impose additional restrictions on the 10 feet of private property adjacent to the roadway. Commissioner Barry said that having review of the first 10 feet is simply an insurance. Mr. Deon Glajchen said that it would represent a burden on the property owners and that he fails to see the value in such added restrictions. Commissioner Barry asked Mr. Glajchen what he sees as being onerous with this requirement. Mr. Deon Glajchen replied that it simply represents additional restrictions that don't exist elsewhere in Saratoga. Associate Planner John Livingstone clarified that significant changes includes only landscaping, paving or construction. This would not include the planting of annuals but rather structures such as walls. Added that there is already a limit to the amount that can be done anyway as it is within this setback azea. Commissioner Hunter reminded that the Heritage Lane designation will allow the City to apply for grants to return Austin Way's brick road to its original state. Saratoga Planning Commission Minutes of July 24, 2002 Page 1 • Associate Planner John Livingstone assured that the 10-foot review area does not represent an easement and really only affects the installation of fences, colored paving or driveways. It is very limited in scope but is intended to prevent extreme things from happening. Mr. Deon Glajchen asked if the Commission has that jurisdiction now. Associate Planner John Livingstone replied no. As long as a wall is three feet high or less only a Building Permit is required. Mr. Deon Glajchen stressed his belief that this requirement is too open ended and he still has concerns. Commissioner Kurasch said that there are very limited things that can be done now within that 10 feet other than a wall or fence. Commissioner Roupe reiterated that existing walls or fences would be grandfathered. Mr. Azmat Siddiqi, 19102 Austin Way, Saratoga: • Said that it is a privilege to be a landowner and to have Austin Way declared a Heritage Lane. • Added that placing a cotnmemorative plaque is a good idea. • Agreed that brick roads do reduce speeds. • Stated that the 10-foot regulations are of concern. • Pointed out that he has a stone retaining wall within this 10-foot area that he wants to replace. • Added that he currently has egress on two streets. His main driveway is on Highway 9. He would rather have the main driveway off Austin Way and seal off the driveway to Highway 9. Director Tom Sullivan suggested that Mr. Siddiqi discuss his plans with Public Works and Planning staff. Chair Jackman advised that this Heritage Lane designation will not change rules for a driveway. Commissioner Barry agreed that this is not a Heritage Lane issue but rather is governed by existing regulations. Ms. Joty Lulla, 19099 Austin Way, Saratoga: • Said that she supports the Heritage Lane designation but has concerns about the 10-foot extension to the shoulder, which may encroach on existing landscaping. • Said that she has lived here for 20 years. • Declared that the 10-foot public right-of-way has not been maintained to this point and questioned who would pay for improvements. Associate Planner John Livingstone answered that it depends on resources. The City maintains the entire right-of-way. As for existing landscaping, the City would work with property owners. There are a lot of variables. Ms. Joty Lulla: • Stated that the additional 10-foot is bothersome and that she would like to see some specifications about proposed restrictions in use of that 10-foot area. Saratoga Planning Commission Minutes of July 24, 2002 Paae 16 • Pointed out that the road is in dire need of repair as every day another brick comes out. Chair Jackman pointed out that Heritage Lanes have access to grants to finance improvements. Commissioner Kurasch said that she is in favor of the Heritage Lane designation but questioned the need to be restrictive for the 10 feet of private property. Associate Planner John Livingstone stated that the dimensions given aze.approximate. Ms. Dawn Glajchen, 19100 Austin Way, Saratoga: • Said that she supports Heritage Lane designation but has concerns about further restrictions being imposed in the future. Director Tom Sullivan advised that to impose additional changes would require a series of public hearings before the Heritage Preservation Commission, Planning Commission and City Council before they could be adopted. These would be noticed meetings that have the same bureaucratic process that has occurred with this proposal. Ms. Dawn Glajchen stated that it creates a more difficult process and that she would hate to see more restrictions at a later date. Commissioner Kurasch asked Ms. Glajchen to define restrictions. Ms. Dawn Glajchen said building restrictions including style of architecture. Commissioner Kurasch restated that the proposed Ordinance deals with the road and 10 feet of private property from the front property line. All that it results in is a review of proposed work. Questioned what it is about that review process that results in a restriction. Ms. Dawn Glajchen said that she has athree-foot fence now and she wants a lazger fence in the future. Said that this is too open ended and vague and more definition would be in order. Cautioned that it would be easier to place more restrictions later down the line. Mr. Norm Koeperik, Chair, Heritage Preservation Commission: • Said that the intent is not to place restrictions on property but rather to preserve the only brick road remaining in Santa Claza County. . -Added that another benefit is the ability to seek State grants. • Assured that there are no major restrictions intended with this Ordinance. Commissioner Roupe pointed out that many in the audience seem to support the concept of preserving the road. Asked Mr. Norm Koepemik if the 10-foot review area on the private property enhances the ability to obtain grants. Mr. Norm Koepemik replied yes. It would give the City more clout with the State. Commissioner Kurasch asked Mr. Norm Koeperik if he sees any need to intensify restrictions on Austin Way in the future and asked him to describe for those in attendance the process they might have to go through with the Heritage Preservation Commission. Saratoga Planning Commission Minutes of July 24, 2002 Paee 17 . Mr. Norm Koepernik said [hat there would be no intensification in the future and that the Heritage Lane Overlay would not affect the review of people's homes. The present Ordinance on fencing is already in effect. There would be no restrictions on planting. Added that the Heritage Preservation Commission is more user friendly than the Commission. Commissioner Kurasch stated that the HPC would not prohibit but rather simply review proposals. Commissioner Hunter asked Mr. Norm Koepernik if the HPC is prepared to write up the commemorative signs. Mr. Norm Koepernik replied yes. Commissioner Kurasch asked Mr. Norm Koepernik if there are any estimates on the costs to restore Austin Way's brick road. Mr. Norm Koepernik replied no. He said that all repairs would have to be put back to brick standards and no more asphalt patches would be permitted. Chair Jackman closed the Public Hearing for Agenda Item No. 3 at 9:56 p.m. Commissioner Barry said that Heritage Lane designation has significant benefits and not a lot of down sides. Proposed add the following text to the draft Ordinance, "and subject only to the following..." and "...construction (for example fences, walls or drainage Commissioner Roupe stated that he has no problem with the added language. Commissioner Hunter said she has no problem and supports the proposal. Stated that the brick road is wonderful and is a piece of history. Commissioner Kurasch said the term "significant" is a problem for her and needs to be more specific. Director Tom Sullivan suggested "any drainage, fences, walls and paving." Commissioner Barry suggested using "hazdscape" and added that nothing is said about plants. Chair Jackman proposed "significant construction such as drainage, fences, walls and paving." Commissioner Roupe reminded that existing structures are grandfathered and repairs can be accommodated. Director Tom Sullivan advised that this is in the Zoning Ordinance already. Commissioner Kurasch: • Asked if the requirement for review of activity within the 10-feet of private property would remain or not. She added that she was not sure this additional 10-foot area for review was necessary. • Said that she wants the public to be aware of pending Council hearings on this matter. Sazatoga Planning Commission I.4inutes of July 24, 2002 Pase 1S Commissioner Barry said that if staff feels it is necessary to have review authority over the 10-foot private property area adjacent to the public right-of-way, she is willing to support them. Said that this will help with the securing of grants. This Ordinance is as good as the Commission can get it before S passing it on to Council. Motion: Upon motion of Commissioner Barry, seconded by Commissioner Roupe, the Planning Commission forwarded a recommendation to Council to designate all of Austin Way as a Heritage Lane to preserve the existing brick roadway that was built in 1904 with the added text as follows, "and subject only to the following..: ' and "...that anv siettificant landscape, navinE or construction such as fences, walls or drains within 10 feet..:' AYES: Barry, Hunter, Jackman, Kurasch and Roupe NOES: None ABSENT: Garakani and Zutshi ABSTAIN: None DIRECTOR'S ITEMS +** Director Tom Sullivan suggested that the Subcommittee on Streamlining take up the issue of timeliness in receiving written communications. Chair Jackman said that the Commission can't read so much material at the last minute. COMMISSION ITEMS . Site Visits Commissioner Barry brought up the timing of site visits and asked how 11:30 to 1:30 worked. Commissioner Kurasch said that it was better for her. Commissioner Barry asked if the Commission was willing to try this time one more time. Commissioner Hunter said the timing is inconvenient as it breaks up the day. Commissioner Kurasch asked if the notice for the next site visit has been prepazed yet. Director Tom Sullivan replied not yet. Commissioner Barry asked how 2:30 to 4:30 p.m. would work. Director Tom Sullivan said that the Commission could try 2:30 to 4:30 p.m. for the August 13's site visits. Commissioners' Retreat Saratoga Planning Commission Minutes of July 24, 200^_ Pase 19 Commissioner Kurasch inquired about the dates for the Retreat and asked if it is still planned for a • Saturday. Director Tom Sullivan said that the Retreat is typically held on a Saturday. An agenda is prepared and speakers lined up. Asked the Commissioners to call or email Kristin with bad dates to narrow the potential dates down. Tree Committee Commissioner Kurasch advised that the Tree Committee has meet and gone over issues. COMMUNICATIONS There were no communication items. AD.TOURNMENT TO NEXT MEETING Chair Jackman adjourned the meeting. at 10:17 p.m. to the next regular meeting set for Wednesday, August 14, 2002, to begin at 7 p.m. MINUTES PREPARED AND SUBMITTED BY: Corinne A. Shinn, Minutes Clerk LJ John Livingstone From: Sent: To: Subject: Deon Glajchen [deonylajchen@yahoo.comj Friday, July 19, 2002 2:10 PM john)@saratoga.ca. us Heritage Lane -Austin Way • Commission Members, Our family lives at 19100 Austin Way, and we very much enjoy living in Saratoga. Conceptually, I believe the Heritage Lane concept has the advantage of allowing the City to obtain additional funds necessary to restore the brick road, and to maintain it - and I support this goal. However, I fail to see why the City needs to have approval jurisdiction over any work done on the adjacent 10 feet, on the properties on Austin Way. I imagine that the Commission's concern is that after the monies to restore the brick road are spent - they don'*_ want property owners putting in landscaping, or other modifications that will negatively affect the aesthetic of the restored road. These are reasonable concerns, but I believe they are unfounded. The same way that the Commission members care about the neighborhood - so do we, the residents, and so such restrictive measures are unnecessary. Residents cannot encroach on the City's jurisdiction of the road, and similarly the City should not encroach upon the private properties adjacent to it - this is the symbiotic relationship under which we live, and the City should serve all residents equally. Of course, we all live in a~Community, so we already abide by a generalized set of rules by which we get new construction approved, etc - and I don't see why road repair requires additional regulations over and above those that already exist. On a related subject, I would request that if the City wishes to maintain the brick road, and its aesthetic, perhaps it would be wise to prevent all the truck traffic that periodically goes up Bainter, fromusing the corner of Austin Way and Highway 9 (across from the fire station) as a parking and trailer reloading lot, and even sometimes a dumping ground. Further, enforcing the 25 mph speed limit over Austin Way would reduce much of the noise concern, and prolong the life of the brick road. Regards, Deon Glajchen L J 1 John Livingstone From: WRobson@aol.com - Sent: Tuesday, July 23, 2002 9:34 AM . To: john)@saratoga.ca.us Subject: AUSTIN WAY--HERITAGE LANE ?LEASE PRESERVE AUSTIN WAY AS A HERITAGE LANE--AS A 35+ YEAR RESIDENT OF THE AREA i HAVE ENJOYED AND USED THE ROAD EVERY DAY. IT IS ONE OF THE FEW REMAINING REMAINDERS OF THE PAST. THANK YOU ---- WILLIAM G. ROBSON. LJ 1 John Livingstone From: Taira Price [tairaprice@yahoo.com] Sent: Tuesday, July 23, 2002 10:07 AM To: john)@saratoga.ca.us Subject: Austin Way Dear Sir, Please use the funds available to restore Austin Way and give it the recognition it deserves as a 'Heritage Road'. Z have searched for an area like this to live for a very long time. Nine months ago webought a portion of what used to be the Max Cohn estate (build around 1915) off of Austin Way. Specifically, we live in what used to be his gardener/gatekeeper's house. My friends, family and children are amazed and delighted to discover this area so rich in history and all of its c:narms. Please don't change Austin way. Restore it and make it a Heritace Road. Sincerely, Taira Price 15881 Ravine Road Do You Yahoo!? Yahoo! Health - Feel better, live better http://health.yahoo.com 1 John Livingstone From: Beth Grimes [bethweth@infoasis.com] Sent: Tuesday, July 23, 2002 10:29 AM To: john)@saratoga.ca.us Subject: Austin Way Dear Johr., I was informed today that there is a group of people in our neighborhood ;3ountiful Way?) that want to pave over the bricks on Austin Way. Please be advised that there are many of us opposed to such a move as we feel that this is an historical area and the brick road is part of the r.i story here. I just wanted to voice my opinion and ask if there is anything I can do to help stop this current proposition. Thank you for your time. Seth Grimes '..^.e Carriage House =895 Ravine Road _os Gatos, CA 95030 home (908)359-9139 _~~_ ;908)836-8855 1 Tom Sullivan From: "Laura Watkins" <Ilwatkins@attbi.wm> To: <tsullivan@saratoga.ca.us> Cc: "Nick Streit" <nstreit@cpa-online.com> Sent: Tuesday, July 16, 2002 10:21 AM Subject: Comments regarding Application # 02-127 Mr. Sullivan, We live on Montewood Drive, with our house backing on San Tomas Aquino Creek, next to Austin Way. Given our location, we received the "Notice of Hearing for Application # 02-127, Request to designate all of Austin Way a Heritage Lane to preserve the existing brick roadway that was built in 1904." This sounds like a reasonable request, with one change: this should apply only to Austin Way on the west (?) side of Hwy 9. The short stretch of Austin Way between Hwy 9 and Quito Road should not be included in this designation, as it is not a brick roadway, has relatively recently . installed, modern speed bumps, and therefore does not have the historical significance that Austin Way on the other side of Hwy 9 may have. I write this to you as I understand that once something receives a "historical" designation, it makes any future changes, etc., very difficult. I have no idea what future requests might impact the Quito side of Austin Way, but it seems unnecessary to burden this road with a "historical" designation. Unfortunately, I cannot be at the meeting July 24, 2002, so I am submitting these comments in writing (email) to you. Thank you for taking the time to read this. Sincerely, Laura L. Watkins 18700 Montewood Drive Saratoga, CA 95070 408-399-9190 (h) 408-655-3976 (c) Page 1 of 1 i 7/23/2002 John Livingstone From: Jacqueline Gittens pgittens@brooktrout.comj Sent: Tuesday, July 23, 2002 10:40 AM To: 'john)@saratoga.ca.us' Subject: Austin Way brick road I remember how delighted I was to find a brick road in our community and discover the history behind it. It is great that we still have a few original structures that show how things were done in the past - this one marking the end of the railroad line, platform and turnaround. Please do what you can to preserve this part of our heritage. It would be a shame to get rid of every vestige of our past structures and have nothing but pictures to show. our children. Because I grew up with brick roads in the mid-west, I have driven Austin Way with my adult child to show him what a brick road is like. They are unique structures, and I don't really know where else one might find a brick road to "show". Sincerely, Jac a_ueline M. Gittens 908 879-9006 Brooktrout Technology EMG Writer/Illustrator 1 John Livingstone From: WBroadieal@aol.com Sent: Tuesday, July 23, 2002 11:27 AM To: johnl@saratoga.ca.us Subject: Austin Way Dear City Council and Planning Commission Members: I am. pleased to support the designation of Austin Way as a "Heritage Lane". _ travel Austin Way daily and I am always delighted to see and use the elegant brick road, a reminant of West Valley's past. It's a kind of greeting that means 'home' and belonging and connectedness. I wholeheartedly commend you for your foresighted and conscientious recommendation. I will be comforted to have assurance that Austin Way will always be protected, maintained and preserved for posterity. Thanks for the opportunity to comment. Sincerely, Wanda Broadie Alexander 15879 Ravine Road Los Gatos, ca, 95030 1 John Livingstone From: Eloise Blanchard [eblanchard@brooktrout.com] Sent: Tuesday, July 23, 2002 11:32 AM To: 'JohnL@saratoga.ca. us' Subject: Please preserve Hi, As a person from the area, please help to preserve the Austin Way brick road. I really love any part of history to do with train travel. Thanks, Eloise Blanchard 1 John Livingstone From: Gallagher, Daphne [dgallagh@msx.ndc.mc.uci.edu] Sent: Tuesday, July 23, 2002 11:58 AM To: 'JohnL@saratoga.ca.us' Subject: Austin Way Please preserve the Austin Way brick road! Daphne Gallagher i arc a Va a 7/23/2002 1 John Livinastone From: Valerie Larkin [vlarkin@brooktrout.com] Sent: Tuesday, July 23, 2002 12:05 PM . To: 'JohnL@saratoga:ca.us' Subject: Please preserve the Austin Way brick road! Importance: High ?lease. preserve the Austin Way brick road! Some thing in life should change, some should not. Please preserve the Aus~in Way brick road! Thank you, Valerie J. Larkin Documentation Coordinator vlarkin@brooktrout.com _. (408) 879-4183 F: (908) 879-9793 Brooktrout Technology EMG i51 Albright Way Los Gatos, Ca. 95032-1801 P: (408) 370-0881 F: (908) 370-1173 www.brooktrout.com > Your Hook into the New NetworkSM • 1 '~ ~~~~~~ I~j W JUL 1 7 2002 U City of Saratoga Community Development Department 13777 Fruitvale Avenue Saratoga, CA 95070 Dear Planning Commission Members: CfrY OF SARAT~GA ~:OMMUNrrY DEVELOPMENT July 16, 2002 We have been residents at 19222 Bountiful Acres for 27 years and STRONGLY support Application # 02-127 -City Of Saratoga, Austin Way; to designate all of Austin Way a Heritage Lane to preserve the existing brick roadway. How many Saratoga locales dating back to 1904 still remain? We know that many residents of the area know where "the old brick road" is. Please keep this historic part of local transportation alive. Sincerely ~~"`.~ Donald Sturdevant 19222 Bountiful Acres Saratoga, CA 95070 ~~s~~~ Gale Sturdevant John Livingstone From: Pat Charles [pcharles@echelon.com] Sent: Tuesday, July 23, 2002 8:14 PM To: 'grammyerna@aol.com'; 'drebarry@aol.com'; 'slkurasch@aol.com'; 'roupe1935@aol.com'; 'ruchi zutshi@yahoo.com'; 'jhunter95070@yahoo.com'; 'mikeg@exar.com'; 'john)@saratoga.ca. us' Cc: Earl Charles (E-mail) Subject: FW: Designation of Austin Way as a Heritage Lane > Te the Planning Commissioners of Saratoga: > Ny address is 19200 Bountiful Acres and is located at the corner of > Bountiful and Austin. > None of the brick road is adjacent to my property. > When I received the original packet regarding designating Austin Way as a > Heritage Lane > I called John Livingstone and discussed my concerns. I told John I would > support repair of the > road but was very concerned about future restrictions on my property (over > and above what > already exists today). > While I value our history and rural qualities; I don't get much out of a > potholed and crumbling > brick road that adds to the road noise we already experience from Highway > 9. > Last year I finished landscaping the shoulder of Austin that is adjacent > tc my property. s This land is maintained by me and my gardening service and I hope I do net > have to change > what_ pace already spent considerable time and money improving. > I also da cussed with John the vacant lot across from the Fire Station > which is frequently > used as a parkinc lot for heavy machinery for building projects in the > ^___.,. asked John what > he thought the impact of the enormous trucks, cement mixers, and tractors > would have on the > repaired brick road (that was built for horses and model Ts.) John did > nct t:^.ink we could restrict > the truck traffic. > My husband and I have lived in Saratoga for over 19 years, our children > were borr. here and attend the > public schoei system. We have invested a great deal of effort in improving > our prooerty. Our home > ar.d this town is very important to us. We will support the repair of the > brick road even though we > dcn't view it with the same nostalgia that others do. We feel we have > already contributed to the improvement > of Aus*_in Way voluntarily (with City approval). However, we strongly > oblecc to the Heritage Preservation Committee > pacing oversight authority over the landscaping, paving, or construction > within 10 feet of Austin. > It is our personnel experience that the City and the Planning Commission > already have plenty of ordinances > and regulations at their disposal to prevent improper use/changes to this property. While I understand > that the current Planning Commission believes they are "reasonable" and > only have the best intentions, 1 >.a futura,.Commission might not be._ I.l~elieve the current ordinances and > regulations are adequate to achieve the Commission's vision for Austin Way. Please let us take care of our most important asset (our home) without additional restrictions. Its no secret we property owners paid a premium tc live in the "rural splendor" > o`_ Saratoga. Please don't weigh us down with more oversight, regulations, > and "red tape". We are not passing > throuch this community; we want it to be the best it can be as much as > anyone at CityHall. > Thank you for your time and for your efforts in making our community a > great place to live_ > Sincerely, > Pat and Earl Charles > 19200 Bountiful Acres > Saratoga, CA 95070 > > pcharles@echelon.com > 2 \J SARATOGA CITY COUNCIL MEETING DATE: October 16, 2002 AGEN ORIGINATING DEPT: City Manager's Office CITY PREPARED BY: Lorie Tinfow DEPT HEAD: SUBJECT: Amendment to City of Saratoga Motor Vehicle and Traffic Ordinance RECOMMENDED ACTION(S): Adopt amendment to Chapter 9-15.030 of the Motor Vehicle and Traffic Code to permit the designation of parking prohibitions by red curbs or signage instead of requiring both. Open the public hearing; close the hearing; introduce and waive first reading; place the second reading and adoption of the ordinance on the consent calendar for the next regular Council meeting. REPORT SUMMARY: At the September 18, 2002, meeting, Council asked that the Public Safety Commission investigate an ordinance amendment related to allowable methods to prohibit parking as well as reconsider and recommend further action related to parking prohibition in front of Mr. and Mrs. Chang's property located at 19795 Farwel] Avenue. The existing ordinance requires both painting curbs red and installing "no parking" signs in order to designate a parking prohibition along a street. In many residential areas of Saratoga, residents would prefer one or the other, but not both, and in some cases implementing both is not feasible (i.e., areas without curbs). Over time, the Public Safety Commission has found that increased flexibility in assigning the method to indicate "no parking" would allow them to tailor the remedy to the neighborhood while addressing safety concerns. In addition the choice of one method instead of two would be consistent with City and Commission goals of honoring the character of Saratoga neighborhoods. The amendment would remain consistent with California Vehicle Code. CVC Section 22500-22526 describes parking prohibitions as signs or red curbs, and does not require both. In preparation, staff has attached the following information: ^ a copy of the section of the Saratoga Municipal Code that requires both a red curb and "no parking" signs ^ a copy of the section of California Vehicle Code that refers to red curb or "no parking" signs At their October 10, 2002, meeting, the Public Safety Commission considered both issues. and now make the following recommendation: L Amend the ordinance to require implementation of red curbing or signs or both to designate parking prohibition 2. Let the Farwell resolution stand with the understanding that once the ordinance amendment is in effect, the red paint would be removed andthe "no parking here to corner" sign would remain. Property owners Mr. and Mrs: Chang attended the Public Safety Commission meeting and participated in the discussion. They heard and understand the Commission's recommendation including the required timeline for implementation if the amendment is adopted. FOLLOW UP ACTION(S): " If adopted, staff will bring the "amendment back to City Council on the consent calendar on November 6, 2002, for the second reading. ADVERTISING, NOTICING AND PUBLIC CONTACT: Mr. and Mrs. Chang, as well as original requestor Ms. Bailey were notified that this issue would appear on the October `16, 2002, agenda and be discussed at tonight's meeting. ATTACHMENTS: ^ Copies of applicable code sections. • Ordinance Amendment 2of2 9-15.0» ~.~ eo m N,= mm O Article 9-15 a City department or public utility while necessazily in yO -y use for construction or repair work being performed upon = j G, STANDING AND PARKING any public sweet or parking azea, nor to any vehicle beine z m operated by a Community Service Officer in the perfor- mance of his duties. Authority for regulations. (c) The fore~oine exemptions shall not, however, protect Enforcement of regulations. the driver of any such vehicle from the consequences of Exemptions from parking his wilful disregard for the safety of others. ;;, regulations. " ~° Declaration of congested area; 9-15.040 Declaration of congested area; m recommendation of City Engi- recommendation of City Engineer. ;g Weer. (a) The City Council may, from time to time, describe ..m `""K - Areas where parking prohibited. and declare as a congested area any section of the City -_ Emergency destination of no in which has arisen the need for parking regulations. .;rr.*n ' parking areas. (b) Upon description and declaration of any such section .Parking time limit areas. as a congested area, the City Council shall direct the City Vehicles used as living or Engineer to prepare recommendations as to the sweets, sleeping quarters. or portions thereof, in such congested area which require _ ;.i`. Tow away zones. regulation. Such recommendations shall include detailed x Special parking zones. specifications as to the regulations which should be so - Commercial loading zones. applied to such sweets or portions of streets. -~:-~s ;Passenger loading zones. (c) The City Engineer shall submit his recommendations w.. Taxi zones. to the Ciry Council within thirty days after receipt of notice i;`: Bus loading Zones- of direction to prepare the same, unless granted further Mail deposit zones. time to do so, and upon approval thereof, the City Council Private loading space zones- shall amend this Article by ordinance or resolution, which Angle parking. ordinance or resolution shall set forth the description of the congested area and the parking regulations to be made Authority for regulations. applicable thereto. s adopted putsuant to the authority set forth c )ivision 11 of the Vehicle Code (commence 9-15.050 Areas where parking prohibited. w+ n 22500). (a) Parking may be prohibited in any sections of con- t+e R Bested areas when it is shown that such parking would y R Enforcement of regulations. be detrimental to the best use of the sweet, or where such x ~ ~e duty of all policemen and Community prohibition is necessary in order to facilitate the: proper y appointed for such purpose and all deputies movement of traffic or to prevent congestion. iheriff performing police services in the (b) Whenever motor vehicles are prohibited from parking all pazking regulations of the City and all in certain sections, [he top and face of the curb of the vas applicable to parking in the City. section in which such parking is prohibited shall be painted red, and signs indicating the prohibition against pazking Exemptions from parking shall be erected at appropriate intervals in such sections. regulations. (c) Whenever an area in which pazking is prohibited ~ ..:n +isions of this Ardcle regulating the pazking is designated, no person shall stop, stand or park any motor ~. ~ m ',vehicles shall not apply to any vehicle of vehicle in such designated area at any time, except as y aitdepartmentorfvedepattrnent,anypubiic otherwise specified in this Article. ~ ~,~_ any public utility vehicle or any private ih-public utility vehicle or private ambulance 9-15.055 Emergency destination of no ;an authorized emergency vehicle and is parking areas. n the manner specified in the Vehicle Code The Ciry Engineer shalt have authority to designate any an emergency call. sweets, or por[ions thereof, as no parking zones and to post visions of this Article regulating the pazking signs, markings or other vaffic control devices giving vehicles shall not apply to any vehicle of appropriate notice of the prohibition against pazking in such ,,~;.a ac a 171 (Sararoca 7-99) .,~ ,,( i WAI.S Document Retrieval Page 1 of 20 ~ CALIFORN ]:A CODES fir. VEHICLE CODE SECTIOTS 22500-22526 22500. No person shall stop, park, or leave standing any vehicle whether attended or unattended, except when necessary to avoid conflict with other traffic or in compliance with the directions of a peace officer or official traffic control device, in any of the f.ol].owing places: (a} Within an intersection, except adjacent to curbs as may be permitted by local ordinance. fb) On a crosswalk, except that a bus engaged as a common carrier or a taxicab may stop in an unmarked crosswalk to load or unload passengers when authorized by the legislative body of any city pursuant to an ordinance. (c) setween a safety zone and the adjacent right-hand curb or within the area between the zone and the curb as may be indicated by Llaced by local authorities pursuant to an ordinance. (d) Within 15 feet of the driveway entrance to any fire station. This subdivision does not apply to any vehicle owned or operated by a fire department and clearly marked as a fire department vehicle. (e) In front of a public or private driveway, except that a bus engaged as a common carrier, schoolbus, or a taxicab may stop to load or unload passengers when authorized by local authorities pursuant to an ordinance. In unincorporated territory, where the entrance of a private road . or driveway is not delineated by an opening in a curb or by other curb construction, so much of the surface of the ground as ispaved, surfaced, or otherwise plainly marked by vehicle use as a private road or driveway entrance, shall constitute a driveway. (f) On any portion of a sidewalk, or with the body of the vehicle extendir:g over any portion of a sidewalk, except electric carts when authorized by local ordinance, as specified in Section 21114.5. Lights, mirrors, or devices that are required to be mounted upon a vehicle under this code may extend from the body of the vehicle over the sidewalk to a distance of not more than 10 inches. (g) Alongside or opposite any street or highway excavation or obstruction when stopping, standing, or parking would obstruct traffic. (h) On the roadway side of any vehicle stopped, parked, or standing at the curb or edge of a highway, except for a schoolbus when stopped to load or unload pupils in a business or residence district where the speed limit is 25 miles per hour or less. (i) Except as provided under Section 22500.5, alongside curb space authorized for the loading and unloading of passengers of a bus engaged as a common carrier in local transportation when indicated by a sign or red paint on the curb erected or painted b~local authorities pursuant to an ordinance. (j)In a tube or tunnel, except vehicles of the authorities in ,. charge, being used in the repair, maintenance, or inspection of the facility. (k) Upon a bridge, except vehicles of the authorities in charge, being used in the repair, maintenance, or inspection of the facility, and except that buses engaged as a common carrier in local transportation may stop to load or unload passengers upon a bridge where sidewalks are provided, when authorized by local authorities ti+rr~iixnx,u, tPO;nf~.ca.eov/cei-bin/waisgate?WAISdocID=60043428774+1+0+0&WAISactio... 10/2/02 WAIS Document Retrieval a ursuant to an ordinance, and except that local authorities pursuant o an ordinance or the Department of Transportation pursuant to an rder, within their respective jurisdictions, may permit parking on bridges having sidewalks and shoulders of sufficient width to permit parking without interfering with the normal movement of traffic on the roadway. Local authorities, by ordinance or resolution, may permit parking on these bridges on state highwaysin their respective jurisdictions if the ordinance or resolution is first approved in writing by the Department of Transportation. Parking shall not be permitted unless there are signs in place, as may be necessary, to indicate the provisions of local ordinances or the order of the Department of Transportation. (1) In front of that portion of a curb that has been cut down, lowered, or constructed to provide wheelchair accessibility to the :sidewalk and that is designated for wheelchair access by either a ::ign or red paint on the curb pursuant to an ordinance of the local authority. 22500.1. In addition to Section 22500, no person shall stop, park, or leave standing any vehicle, whether attended or unattended, except when necessary to avoid conflict with other traffic or in compliance with the directions of a peace officer or official traffic control device along the edge of any highway, at any curb, or in any location in a publicly or privately owned or operated off-street parking facility, designated as a fire lane by the fire department or fire district with jurisdiction over the area in which the place is located. The designation shall be indicated (1) by a sign posted immediately adjacent to, and visible from, the designated place clearly stating in letters not less than one inch in height that the place is a fire lane, (2) by outlining or painting the place in red and, incontrasting color, marking the place with the words "FIRE LANE", which are clearly visible from a vehicle, 'or (3) by a red curb or red paint on the edge of the roadway upon which is clearly marked the words "FIRE LANE". 22500.5. Upon agreement between a transit system operating buses engaged as common carriers in local transportation and a public school district, local authorities may, by ordinance, permit schoolbuses owned by, or operated under contract for, that public school district to stop for the loading or unloading of passengers alongside any or all curb spaces designated for the loading or unloading of passengers of the transit system buses. 22501. No ordinance enacted by local authorities pursuant to subdivisions (e) and (k) of Section 22500 or Section 22507.2 shall become effective as to any state highway without prior submission to and approva]. by the Department of Transportation in the same manner as required by Section 21104. Nothing contained in this section and Section 22500 shall be construed as authorizing local authorities to enact legislation which is contrary to the provisions of Sections 22512 and 25301. Page 2 of 20 i,+r„ • //www.l eeinfo.ca. Qov/cgi-bin/waisgate?WAISdocID=60043428774+1+0+0&WAISactio... 10/2/02 ORDINANCE AN ORDINANCE AMENDING CHAPTER 9-15.030 OF THE MOTOR VEHICLE AND TRAFFIC CODE REGARDING STOPPING, STANDING AND PARKING THE CITY COUNCIL OF THE CITY OF SARATOGA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Findings. The City Council finds and declares following: Section 2. Adoption Section 9-15.050 The replacement text is indicated in bold italic font (e.g., bold italic) and text deleted is indicated in strikeout font (e.g:, strilfeeut) Text and standazd font remains unchanged by this ordinance. The amendment to section 9-15.050 is amended as follows: Section 9-15.050 Areas where parking prohibited. (b) Whenever motor vehicles are prohibited from parking in certain sections, the top and face of the curb of the section in which such parking is prohibited shall be painted red; and or have signs indicating the prohibition against parking shall be erected at appropriate intervals in such sections or both. Section 6. Publication. The City Clerk shall cause this ordinance or a summary thereof to be published once in a newspaper of general circulation of the City of Saratoga within fifteen days after its adoption. • The foregoing ordinance was introduced and read at the regular meeting of the City Council of the City of Saratoga held on the 16th day of October, 2002, and was adopted by the following vote following a second reading on the 6th day of November, 2002: AYES: NOES: ABSTAIN: ABSENT: NICK STREIT, MAYOR CITY OF SARATOGA, CALIFORNIA ATTEST CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. AGEI\ MEETING DATE: October 16, 2002 CITY ORIGINATING DEPT: Community Development/ PREPARED BY: Richard Taylor City Attorney SUBJECT: Ordinance Adopting and Amending the 2001 editions of the California Building, Plumbing, Mechanical, and Electrical Codes and Resolution regarding the need to amend the California Building Code to impose additional seismic bracing requirements RECOMMENDED ACTION: Staff recommends three actions: (1) introduce and read title of Ordinance and the Codes to be indirectly adopted by reference (listed on pages 5 and 6 of this staff report); (2) adopt Resolution making findings regarding proposed amendments to the uniform codes; and (3) direct staff to publish notice of proposed ordinance adoption in accordance with the special requirements for adopting codes by reference. REPORT SUMMARY: The construction of houses, aparhnents, hotels, and various other structures in California is regulated by the California Building Standards Code ("CBSC"), which is compiled and published by the California Building Standazds Commission. The CBSC compiles a number of specific codes. Health and Safety Code section 18938 requires cities to enforce the CBSC Building Code, Plumbing Code, Mechanical Code, Electrical Code, and Fire Code (the "18938 Required Codes"), even where the local City Code has not been revised to reflect the requirements of those codes. To avoid confusion, the Sazatoga City Code adopts these portions of the CBSC by reference. The CBSC is updated every three years by the Commission. Currently, the 1998 edition of the CBSC is in effect and the Building, Plumbing, Mechanical, Electrical, and Fire Codes aze adopted by reference by the City Code. On November 1, 2002, the 2001 edition of the 18938 Required Codes goes into effect, at which time the City of Saratoga will begin enforcement of those portions of 2001 edition. The attached ordinance would amend the City Code to bring it into conformity with the new 18938 Required Codes. The 2001 California Building Standards Code includes the following components which the City is required to enforce: • 2001 California Building Code (which adopts by reference the 1997 Uniform Building Code, with amendments); • 2001 California Fire Code (which adopts by reference the 2000 Uniform Fire Code,.with amendments); • 2001 California Plumbing Code (which adopts by reference the 2000 Unifonn Plumbing Code, with amendments); • 2001 California Mechanical Code (which adopts by reference the 2000 Uniform Mechanical Code, with amendments); and • 2001 California Electrical Code (which adopts by reference the 1999 National Electrical Code, with amendments). As noted above, state law generally requires the City to enforce the 18938 Required Codes. However, there is an exception: the City may adopt amendments that are reasonably necessary because of local climatic, geological, or topographical conditions. The City must make express findings regarding the need for the amendments; and the findings and the amendments must be forwarded to the Commission before the amendments can take effect. A resolution for this purpose is included with this staff report. In addition, the City may expressly adopt some or all of the appendices to the California Building, Fire, Plumbing, and Mechanical Codes. The appendices to the codes are not effective in the City of Saratoga unless they are specifically adopted by the City. The City may adopt the appendices without expressly finding that the appendices are reasonably necessary because of local climatic, geological, or topographical conditions. The City's Building Official has reviewed the 2001 California Building Standards Code and recommends that the City adopt the 2001 California Building, Plumbing, Mechanical, and Electrical codes by reference. The Building Official also recommends that the City adopt certain appendices to the Califomia Building, Plumbing, and Mechanical Codes. In addition; the Building Official recommends that the City amend the 2001 California Building Standards Code to impose additional seismic bracing requirements that are reasonably necessary because of local geological conditions. The Building Official and the Chiefs of the Santa Clara County Fire District and the Saratoga Fire District have also reviewed the 2001 California Fire Code. The Fire Chiefs have proposed that the City adopt the 2001 California Fire Code by reference and make numerous amendments to the code. The Building Official, the Fire Chiefs, and the City Attorney are currently working on a proposed ordinance and will bring the proposal to the City Council at a later date. 2 The attached ordinance adopts the 2001 California Building, Plumbing, Mechanical, and Electrical Codes and relevant appendices by reference. In addition, the ordinance adopts three amendments to the Califomia Building Code and makes one amendment concerning the City's administration of the Building Regulations chapter of the Saratoga City Code. The attached resolution describes the three amendments to the California Building Code that are proposed in the attached ordinance and sets forth reasons why the amendments are reasonably necessary because of local climatic, geological, or topographical conditions. In order to adopt the 2001 California Building, Plumbing, Mechanical and Electrical Codes at the November 6, 2002, meeting of the City Council, Staff recommends that the City Council introduce and read the title of the attached ordinance and adopt the attached resolution at the October 16, 2002, meeting and direct staff to publish notice of the proposed adoption of the ordinance in accordance with the special requirements for adopting codes by reference. SUMMARY OF ORDINANCE AND RESOLUTION: The attached ordinance amends the Building Regulations chapter of the Saratoga City Code. Section 1 of the ordinance explains the section 18938 requirement. Section 1 further explains that the City may amend the CSBC where reasonably necessary because of local climatic, geological, or topographical conditions. • Section 2.1 of the ordinance deletes a provision of the City Code that designates the Community Development Director as the "Building Official" for the City for purposes of the City's Building Regulations. The California Building Standards Code directs or authorizes the City's "Building Official" to take certain actions. When the City adopted the Section 1998 California Building Standards Code, section 16-05.020 was amended to designate the Community Development Director as the City's Building Official, because the City's organizational structure did not include a Building Official. Following a reorganization by the City in 2001, the City's organizational structure now includes a Building Official, eliminating the need to designate the Community Development Director as the Building Official for purposes of interpreting the City's Building Regulations. Section 2.2 of the ordinance adopts by reference the 2001 Califomia Building Code. Section 2.2 also adopts by reference specific appendices to the California Building Code. Section 2.2 does not amend the list of appendices that are currently adopted by reference in the City Code, with the exception of Appendix Chapter 3 Div. III, which is deleted from the list. Division III of Appendix Chapter 3 refers to the 1995 Council of American Building Officials ("CABO") One- and Two-Family Dwelling Code. The Building Code could be interpreted to mean that if Appendix Chapter 3 Div. III is adopted, the CABO Code should take precedence over the Uniform Building Code for the construction of detached one- and two-family dwellings less than three stories in height. The City's Building Official recommends the enforcement of the Uniform Building Code for these structures. Removing the reference to Appendix Chapter 3 Div. III would avoid ambiguity regarding the enforcement of the Uniform Building Code for the construction of detached one- and two-family dwellings less than three stories in height. Section 2.3 of the ordinance corrects a typographical error in Section 16-15.030 of the , Saratoga City Code, which amends the California Building Code. Section 16-15.030 of the Saratoga City Code amends sections 106:4.2 and 106.4:4 of the California Building Code and currently refers to "the provisions of Section 102 of Chapter 2 of the Code." Section 102 is in Chapter 1 of the Code and Chapter 2 does not include a section 102. The amendment would correct the error so that the code references Chapter 1 instead. When section 16-15.030 was adopted in 1999 the City found that the amendments were reasonably necessary because of local climatic, geological, or topographical conditions. The attached resolution would confirm that the amendments are consistent with the City's previous finding that section 16-15.030 is reasonably necessary because of local climatic, geological, or topographical conditions. Section 2,4 of the ordinance adds a new section 16-15.065 to the Saratoga Building Code defining the term "light-frame construction". The 2001 California Building Code on several occasions refers to "light-frame construction". However, currently there is no definition for the term. The proposed amendment would insert a new definition, similar to the definition provided in International Building Code, for additional clarification. Section 2.5 of the ordinance amends section 2316 of the building code to adopt the updated, 1997 National Design Specifications for Wood Construction ("NDS"), in lieu of the 1991 NDS. The 1991 National Design Specification for Wood Construction of the American Forest and Paper Association ("NDS") is more than 10 years old and is an outdated specification. Following the adoption of the 1997 Uniform Building Code, the American Forest and Paper • Association has published the 1997 NDS which incorporates many of the items that were added since publication of the 1991 NDS. The 1997 NDS is also in a more user-friendly format. The attached resolution describes the amendments in sections 2.4 and 2.5 and describes why the amendments are reasonably necessary because of local geological conditions. The amendments are needed due to local geological conditions. The San Francisco Bay area region is densely populated and/or located in an area of high seismic activities as indicated by United States Geological Survey and California Division of Mines and Geology. Recent earthquake activities, including the 1989 Loma Prieta earthquake, have indicated the lack of adequate design and detailing as a contributing factor to damages that reduced the protection of the life-safety of building occupants. For these reasons the amendments set forth in sections 2.4 and 2.5 are recommended by the Trichapter Uniform Codes Program, an effort by cities and counties in the Bay Area, including the City of Saratoga, to develop uniform amendments to the California Building Code. (In addition to the amendments set forth in sections 2.4 and 2.5, the Trichapter Uniform Codes Program has recommended other amendments which involve complicated structural issues that the City Building Official believes would unnecessarily complicate the City Code.) Section 2.6 of the ordinance amends section 16-25.010 of the City Code to adopt by reference the 2001 California Plumbing Code. Secticn 2.5 also adopts by reference specific appendices to the California Plumbing Code. Section 2.5 does not amend the list of appendices that are currently adopted by reference in the City Code. 4 Section 2.7 of the ordinance amends Article 16-30.010 of the City Code to adopt by reference the 2001 California Mechanical Code and to delete prior Code provisions that made chapters 2 and 3 of the Mechanical Code inapplicable in Saratoga. The Building Official has determined that those chapters have been changed since exception was adopted and should now be applied in the City. Section 2.8 of the ordinance amends section 16-35.010 of the City Code to adopt by reference the 2001 California Electrical Code. SPECIAL NOTICE REQUIREIVIENTS Because the ordinance would adopt the various codes by reference, section 50022.6 of the Government Code requires at least one copy of each code to be adopted to be filed with the City Clerk at least fifteen days prior to the public hearing on adoption. A copy of each code must be kept in the office of the City Clerk while each code is in effect, and the City Clerk must maintain a reasonable supply of the codes available for public purchase at no more than actual cost to the City. In addition, the ordinance requires that a copy of the California Fire Code must be kept in the offices of the City Building Official and the City Fire Chief while the Fire Code is in effect. The title of the adopting ordinance, the titles of the codes that are adopted by reference directly by the ordinance, and the titles of the codes that are adopted by reference indirectly by . the ordinance must be read during the introduction of the ordinance. (Gov. Code sec. 50022.3.) The titles of the codes that are adopted by reference indirectly by the attached ordinance are as follows: 1. 1997 Uniform Building Code (adopted by reference by the 2001 California Building Code, with amendments) 2. 2000 Uniform Plumbing Code (adopted by reference by the 2001 California Plumbing Code, with amendments) 3. 2000 Uniform Mechanical Code (adopted by reference by the 2001 California Mechanical Code, with amendments) 4. 1999 National Electrical Code (adopted by reference by the 2001 California Electrical Code, with amendments) After reading the ordinance title and the titles of the codes adopted by reference by the ordinance, the City Council must schedule a public hearing on the ordinance. Prior to holding the hearing, notice stating the hearing time and place must be published once a week for two successive weeks in a newspaper of general circulation in or nearest to the City. The notice must state that copies of the codes being considered for adoption are on file with the City Clerk and • open to public inspection. ALTERNATIVES • The Council could elect not to introduce the ordinance. This would leave the City's building code inconsistent with State law'and inconsistent with the City's enforcement obligations. The Council could elect not to adopt the resolution. This would preclude the City from amending the California Building Standards Code to require additional seismic bracing in accordance with current National Design Specifications for wood construction. FISCAL IMPACTS: No significant fiscal impacts. ADVERTISING, NOTICING AND PUBLIC CONTACT: Notice of this meeting. Notice for ordinance adoption will include two successive notices advertising the adopting of the uniform codes in the Saratoga News, In addition, building trade publications have been announcing the pending uniform codes for the past several years. ATTACHMENTS: Draft Ordinance. Draft Resolution. 6 ORDINANCE AN ORDINANCE ADOPTING THE 2001 CALIFORNIA BUILDING CODE, THE 2001 CALIFORNIA PLUMBING CODE, THE 2001 CALIFORNIA MECHANICAL CODE, AND THE 2001 CALIFORNIA ELECTRICAL CODE THE CITY COUNCIL OF THE CITY OF SARATOGA DOES ORDAIN AS FOLLOWS: Section 1. Findings. A. Health and Safety Code Section 18938 makes certain provisions published in the California Building Standards Code pursuant to Health and Safety Code Section 17922 applicable to all occupancies throughout the state and effective one hundred eighty days after publication by the California Building Standards Commission ("Commission"), or at a later date established by the Commission. Pursuant to Health and Safety Code Section 18938, the 2001 edition of the California Building Standards Code became effective in the City of Saratoga on November 1, 2002. B. Health and Safety Code Section 17958 permits the City of Saratoga to amend the requirements of the California Building Standards Code where the City finds that the amendments are reasonably necessary because of local climatic, geological, or topographical conditions and the amendments are filed with the Commission. The City has found that the amendments which are set forth in this ordinance are reasonably necessary because of local climatic, geological, or topographical conditions. The City has submitted a copy of the amendments and the City's findings supporting the amendments to the Commission. C. Sections 2.2, 2.6, 2.7, and 2.8 of this ordinance adopt by reference the 2001 California Building, Plumbing, Mechanical, and Electrical Codes, as amended by the Commission. D. Sections 2.4 and 2.5 of this ordinance amend the Building Code to address local geological conditions. Section 2.4 defines "light-frame construction". Section 2.5 adopts the updated, 1997 National Design Specifications for Wood Construction. E. Sections 2.1 and 2.3 of this ordinance correct designations and references in the Saratoga City Code. Section 2.1 deletes a provision of the Saratoga City Code that designated the Community Development Director as the Building Official for the City, as the term "Building Official" is used in the City's Building Regulations. Section 2.2 corrects a typographical error in the Building Code. Section 2. Adoption. Section 2.1. Repeal of Section 16-05.020. Section 16-05.020 of the Saratoga City Code is hereby deleted. Page 1 of 6 Ordinance No. Section 2.2. Adoption of the 2001 California Building Code. Section 16-15.010 of the Saratoga City Code is hereby amended as shown below. Text inserted by this ordinance is indicated in double-underlined font exam le ;text deleted by this ordinance is indicated in strikeout font (ex-ample). 16-15.010 Adoption of California i3ni€erirt Building Code. The 2001 California Buildine Code (1997 Uniform Buildin¢ Code Vols. I. II. and III as compiled and roublished by the International Conference of Buildine Officials and amended by the State of Californial. includine aroroendix Chanters 3 Div. I. 3 Div. II.3 Div. IV. 15. 18. 31 Div. Ih 31 Div. IIL 33, and 34 Div. III only. ' nn~ ,-.,:«:,.....r«w.. > >~ hereinafter referred to as the "Building Code," is hereby referred to and, except as to additions, deletions and amendments hereinafter noted,. such Code is hereby adopted and made a part hereof, the same as if fully set forth in this Article, and shall be the Building Code of the City. However, in accordance with California Government Code Section 50222.4, no penalty clauses are adopted by reference. In accordance with California Health and Safety Code Section 17958.7, express findings that modifications to the Building Code are reasonably necessary because of local climatic, geological or topographical conditions are either already on file with the California Building Standards Commission, or will be filed prior to November 6.2002 3aly-994. In accordance with California Government Code Section 50022.6, at least one true copy of the Building Code has been on file with the City Clerk since October 22. 2002 x-999. While the ordinance codified in this Article is in force, a true copy of the Building Code shall be kept for public inspection in the office of the City Clerk. A reasonable supply of the Building Code shall be available in the office of the City Clerk for public purchase. Section 2.3. Amendment to Section 16-15.030 to Correct a Typographical Error. The last sentence of Section 16-15.030 of the Saratoga City Code (amending Sections 106.4.2 and 106.4.4 of the Building Code) is hereby amended as shown below. Text inserted by this ordinance is indicated in double-underlined font exam le ;text deleted by this ordinance is indicated in strikeout font (exatHple). Where a pennit has expired in accord with the foregoing, and the building, structure, or other work authorized by such permit has not been completed, if a new permit for such work is not obtained within thirty days thereafter, said building, structure, or work shall be conclusively presumed to be abandoned and a hazard to the public health, safety and welfare, and subject to all of the provisions of Section 102 of Chapter 1 2 of this Code. Page 2 of 6 Ordinance No. _ Section 2.4. Adoption of Section 16-15.065 Concerning the Definition ofLight-Frame Construction. Section 16-15.065 is hereby added to the Saratoga City Code, to read as set forth below: 16-15.065 Section 213 is added concerning the definition of light-frame construction. Section 213 is added to the Building Code, to read as follows: SECTION 213: DEFINITION 213 Light-Frame Construction is a type of construction whose vertical and horizontal structural elements are primarily framed by a system of repetitive wood or light gauge steel framing members, and which does not use structural concrete as floor or roof diaphragm. Section 2.5. Adoption of Section 16-15.095 Concerning Allowable Stress Design of Wood. Section 16-15.095 is hereby added to the Sazatoga City Code, to read as set forth below: 16-15.095 Section 2316 is amended concerning allowable stress design of wood. S (a) The preface to Section 2316 of the Building Code is amended to read as follows: This standard, with certain exceptions, is the ANSI/NFoPA NDS-97 National Design Specification for Wood Coustruction of the American Forest and Paper Association, 1997 Edition, and the Supplement to the 1997 Edition, National Design Specification, adopted by reference. The National Design Specification for Wood Construction, 1997 Edition, and supplement are available from the American Forest and Paper Association, 1111 19th Street, NW, Eighth Floor, Washington, DC, 20036. (b) The first sentence of Section 2316.1 of the Building Code is amended to read as follows: The National Design Specification for Wood Construction, 1997 Edition (NDS), which is hereby adopted as a part of this code, shall apply to the design and construction of wood structures using visually graded lumber, mechanically graded lumber, structural glued laminated timber, and timber piles. (c) Item 27 of Section 2316.2 of the Building Code, including NDS Supplement Table SA, is deleted in its entirety. Page 3 of 6 Ordinance No. Section 2.6. Adoption of the 2001 California Plumbing Code. Section 16-25.010 of the Saratoga City Code is hereby amended as shown below. Text inserted by this ordinance is indicated in double-underlined font exam le ;text deleted by this ordinance is indicated in strikeout font (example). 16-25.010 Adoption of California 8ni€eru~ Plumbing Code. The 2001 California Plumbine Code (2000 Uniform Plumbin¢ Code, as published by the International Association of Plumbine and Mechanical Officials and amended by the State of Californial. includine Aroroendix Chanters A. B. C. D. H. I. J. and K only i~7 ,~ > > ' ,hereinafter referred to as the "Plumbing Code," is referred to and except as to additions, deletions and amendments hereinafter noted, such Code is adopted and made a part hereof, the same as if fully set forth in this Article, and shall be the Plumbing Code of the City. However, in accordance with California Government Code Section 50222.4, no penalty clauses are adopted by reference. In accordance with California Government Code Section 50022.6, at least one true copy of the Plumbing Code has been on file with the City Clerk since October 22. 2002 ~. While the ordinance codified in this Article is in force, a true copy of the Plumbing Code shall be kept for public inspection in the office of the City Clerk. A reasonable supply of the Plumbing Code shall be available in the office of the City Clerk for public purchase. Section 2.7. Adoption of the 2001 California Mechanical Code. Article 16 of the Saratoga City Code is hereby amended as shown below. Text inserted by this ordinance is indicated in double-underlined font exam le ;text deleted by this ordinance is indicated in strikeout font (example). 16-30.010 Adoption of California ~ti€erin Mechanical Code. The 2001 California Mechanical Code (2000 Uniform Mechanical Code as published b the International Association of Plumbine and Mechanical Officials and amended by the tate of Californial includine all appendices. ' ^^' ~.,:`"... ~"`~ "-~` --- "'`~~`°-~-°' ' ,hereinafter referred to as the "Mechanical Code," is referred to and except as to additions, deletions and amendments hereinafter noted, such Code is adopted and made a part hereof, the same as if fully set forth in this Article, and shall be the Mechanical Code of the City. However, in accordance with California Government Code Section 50222.4, no penalty clauses are adopted by reference. In accordance with California Health and Safety Code Section 17958.7, express findings that modifications to the Mechanical Code are reasonably necessary because of local climatic, geological or topographical conditions are Page 4 of 6 Ordinance No. . either already on file with the California Building Standards Commission, or will be filed prior to November 6. 2002 ~-1-999. In accordance with California Government Code Section 50022.6, at least one true copy of the Mechanical Code has been on file with the City Clerk since October 22, 2002 3uiy-~-1-999. While the ordinance codified in this Article is in force, a true copy of the Mechanical Code shall be kept for public inspection in the office of the City Clerk. A reasonable supply of the Mechanical Code shall be available in the office of the City Clerk for public purchase. i c on non n aa:«:,,..., a,.i,..:.._,..,..a „ ,,.. a._,._«.. Section 2.8. Adoption of the 2001 California Electrical Code. Section 16-35.010 of the Saratoga City Code is hereby amended as shown below. Text inserted by this ordinance is indicated in double-underlined font exam le ;text deleted by this ordinance is indicated in strikeout font (example). 16-35.010 Adoption of California l~atienal Electrical Code. The 2001 California Electrical Code (1999 National Electrical Code as published by the National Fire Protection Aeencv and amended by the State of Californial. ' nn`~-za=a~ ,hereinafter referred to as the "Electrical Code," is referred to and such code is adopted and made a part hereof, the same as if fully set forth in this Article, and shall be the Electrical Code of the City. However, in accordance with California Government Code Section 50222.4, no penalty clauses are adopted by reference. In accordance with California Government Code Section 50022.6, at least one true copy of the Electrical Code has been on file with the City Clerk since October 22. 2002 X999. While the ordinance codified in this Article is in force, a true copy of the Electrical Code shall be kept for public inspection in the office of the City Clerk. A reasonable supply of the Electrical Code shall be available in the office of the City Clerk for public purchase. Section 3. Severance Clause. Each section, sub-section, paragraph, sub-paragraph, sentence, clause and phrase of this ordinance is severable and independent of every other section, sub-section, paragraph, sub- Page 5 of 6 Ordinance No. _ pazagraph, sentence, clause and phrase of this ordinance. If any section, sub-section, paragraph, sub-paragraph, sentence, clause or phrase of this ordinance is held invalid, the City Council declares that it would have adopted the remaining provisions of this ordinance irrespective of the portion held invalid, and further declazes its express intent that the remaining portions of this ordinance should remain in effect after the invalid portion has been eliminated. Section 4. Publication. The City Clerk shall cause this ordinance or a summary thereof to be published once in a newspaper of general circulation of the City of Saratoga within fifteen days after its adoption. The foregoing ordinance was introduced and read at the regulaz 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: MAYOR, CITY OF SARATOGA, CALIFORNIA ATTEST: CITY CLERK APPROVED AS TO FORM: ATTORNEY Page 6 of 6 Ordinance No. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA INCLUDING FINDINGS REGARDING THE NEED FOR AMENDMENTS TO PROVISIONS IN THE CALIFORNIA BUILDING STANDARDS CODE TO BE ADOPTED BY REFERENCE IN THE SARATOGA CITY CODE WHEREAS, Health and Safety Code Section 18938 makes certain provisions published in the California Building Standards Code pursuant to Health and Safety Code Section 17922 applicable to all occupancies throughout the state and effective one hundred eighty days after publication by the California Building Standards Commission ("Commission"), or at a later date established by the Commission; and WHEREAS, Health and Safety Code Section 17958 permits cities to amend the requirements of the California Building Standazds Code in accordance with Health and Safety Code Sections 17958.5 and 17958.7; and WHEREAS, Health and Safety Code Section 17958.5 permits cities in adopting provisions of the California Building Standazds Code to make such changes in such provisions as the city determines, pursuant to Health and Safety Code Section 17958.7, are reasonably necessary because of local climatic, geological, or topographical conditions; and WHEREAS, Health and Safety Code Section 17958.7 requires that a city, before making changes pursuant to Health and Safety Code Section 17958.5, must make an express finding that such changes are reasonably necessary because of local climatic, geological, or topographical conditions; and WHEREAS, under Health and Safety Code Section 17958.7, changes pursuant to Health and Safety Code Section 17958.5 may not become effective until the required findings, and the changes, have been filed with the California Building Standards Commission; and WHEREAS, Government Code Section 50022.2 permits enactment of city ordinances that adopt codes or statutes, including codes of the State of California, by reference; and WHEREAS, the City Council of the City of Saratoga ("City Council") intends to adopt an ordinance adopting by reference certain provisions of the California Building Standards Code; and WHEREAS, the City Council has reviewed the reasons for proposed changes to the California Building Standards Code set forth in Exhibit A; NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby declare and find that the changes to the provisions of the California Building Standazds Code set forth in Exhibit A are reasonably necessary because of local climatic, geological, or topographical conditions in accordance with Health and Safety Code Section 17958.7; and BE IT FURTHER RESOLVED that a copy of this Resolution, including Exhibit A, shall be filed with the California Building Standards Commission in accordance with Health and Safety Code Section 17958.7. PASSED, APPROVED AND ADOPTED this sixteenth day of October 2002, by the following votes. AYES: NOES: ABSENT: ABSTAIN: MAYOR ATTEST: CITY CLERK 2 EXHIBIT A 1. Section 106.4.4 of the California Building Code Section 106.4.4 of the California Building Code is amended as shown below. Text inserted by this ordinance is indicated in double-underlined font exam le ;text deleted by this ordinance is indicated in strikeout font (ele). Where a permit has expired in accord with the foregoing, and the building, structure, or other work authorized by such permit has not been completed, if a new permit for such work is not obtained within thirty days thereafter, said building, structure, or work shall be conclusively presumed to be abandoned and a hazard to the public health, safety and welfare, and subject to all of the provisions of Section 102 of Chapter 1 ~ of this Code. FindinQS: Section 16-15.030 of the Saratoga City Code amends sections 106.4.2 and 106.4.4 of the California Building Code. Section 16-15.030 was adopted by the City of Saratoga in 1999 as part of Ordinance 71-193, based on the City's finding that the amendments to sections 106.4.2 and 106.4.4 reflected in section 16-15.030 were reasonably necessary because of local climatic, geological, or topographical conditions. Such findings and a copy of section 16-15.030 were filed with the California Building Standards Commission. As amended by Section 16-15.030, section 106.4.4 incorrectly cross- references Section 102 of Chapter 2 of the California Building Code. The correct cross- reference is to Section 102 of Chapter 1 of the California Building Code. The proposed amendment to section 106.4.4 set forth above would correct the cross-reference in the last sentence of the section by deleting "Chapter 2" and inserting "Chapter 1". This amendment to correct the cross-reference in section 106.4.4 is consistent with the City's previous finding that the amendments to the Califomia Building Code reflected in section 16-15.030 are reasonably necessary because of local climatic, geological, or topographical conditions. 2. Section 213 of the California Building Code Section 213 is added to the California Building Code, to read as set forth below: SECTION 213: DEFINITION 213 Light-Frame Construction is a type of construction whose vertical and horizontal structural elements are primarily framed by a system of repetitive wood or light gauge steel framing members, and which does not use structural concrete . as floor or roof diaphragm. 1 FindinQS: The 2001 California Building Code on several occasions refers to "Light- Frame"construction. However, currently there is no definition for the term. The proposed amendment would insert a new definition, similar to the definition provided in International Building Code, for additional clarification. The amendment is needed due to local geological conditions. The San Francisco Bay area region is densely populated and/or located in an area of high seismic activities as indicated by United States Geological Survey and California Division of Mine and Geology. Recent earthquake activities, including the 1989 Loma Frieta earthquake, have indicated the lack of adequate design and detailing as a contributirig factor to damages that reduced the protection of the life-safety of building occupants. 3. Section 2316 of the California Building Code Section 2316 of the California Building Code is amended as shown below. Text to be inserted is indicated in double-underlined font exam le ;text to be deleted is indicated in strikeout font (ex-atrtple). (a) The preface to Section 2316 of the Building Code is amended as follows: This standard, with certain exceptions, is the ANSI/NFoPA 11~DS-9~ NDS-97 National Design Specification for Wood Construction of the American Forest and Paper Association, ;~'°-.mod-m=1997 Edition, and the Supplement to the X991-1997 Edition, National Design Specification, adopted by reference. The National Design Specification for Wood Construction, PT9~'r 1997 Edition, and supplement are available from the American Forest and Paper Association, 1111 19th Street, NW, Eighth Floor, Washington, DC, 20036. (b) The first sentence of Section 2316.1 of the Building Code is amended to read as follows: The National Design Specification for Wood Construction, sea-T991- 1997 Edition (NDS),_ which is hereby adopted as a part of this code, shall apply to the design and construction of wood structures using visually graded lumber, mechanically graded lumber, structural glued laminated timber, and timber piles. (c) Item 27 of Section 2316.2 of the Building Code, including NDS Supplement 2 Table SA, is deleted in its entirety. Findings: The 1991 National Design Specification for Wood Construction of the American Forest and Paper Association ("NDS") is more than 10 years old and is an outdated specification. Following the adoption of the 1997 Uniform Building Code, the American Forest and Paper Association has published the 1997 NDS which incorporates many of the items that were added since publication of the 1991 NDS. The 1997 NDS is also in a more user-friendly format. The amendment is needed due to local geological conditions. The San Francisco Bay area region is densely populated and/or located in an area of high seismic activities as indicated by United States Geological Survey and California Division of Mines and Geology. Recent earthquake activities, including the 1989 Loma Prieta earthquake, have indicated the lack of adequate design and detailing as a contributing factor to damages that reduced the protection of the life-safety of building occupants. LJ s 3 Ir"'1 LJ MEETING DATE: SARATOGA CITY COUNCIL October 16, 2002 ORIGINATING DEPT: Community Development PREPARED BY: Tbomas Sullivan, AICP AGENDA ITEM: ~~ CITY MANAGER: ~G%~~----~- DEPT HEAD: SUBJECT: Report Regarding Responses to RFP for City Arborist Services RECOMMENDED ACTION: Staff recommends the City Council provide direction. REPORT SUMMARY: Last February the City received five proposals in response to mailing out 21 Request for Proposals. The City also advertised in the. San Jose Mercury News. In response to the newspaper advertisement, six additional Requests for Proposal were mailed out. Of the five received, three were considered worthy of inviting the firm proposing to be interviewed. Those firms are: • Barrie D. Coate and Associates • David Babby of Arbor Resources • Deborah Ellis, MS All three of these proposals had merit. Prior to the City Council meeting, Barrie Coate indicated that he was not interested in pursuing the proposal, as he wanted to slow down. The City Council was reluctant to interview only-two candidates. This past summer Request for Proposals for City of Saratoga Arborist services was again circulated. We advertised on the City's web site and in both the San Jose Mercury News and the Saratoga News; We also direct mailed to RFP to 25 individuals: In this circulation it was disclosed that $an•ie Coate was not going to pursue the proposal. The City received two responses: • David Babby of Arbor Resources, and • Deborah Ellis, MS Mr. Babby currently provides consulting aborist services for the City of Campbell and the City of Palo Alto. Deborah Ellis is the Town Arborist for Los Gatos and has previously worked on the Villa Montalvo Artist Residence project here in Saratoga. Deborah also provided assistance with the tour of the Heritage Orchard during the review of the Coast Live Oaks that are within the orchard. Cost alone need not be the sole reason for selecting professional services. Since the position of City Arborist is so visible in Saratoga it is important that the selection process include a high level interview to ensure the continued level of service desired by the community. During the RFP process, Staff took advantage of the opportunity to tighten up time lines for services the City Arborist provides. For example, the existing agreement allows 30-days for submittal of a written report. In the Request for Proposal thatvvas sent out, we specified 14-days to submit an electronic (email) version of the report. This is important as it allows the Planning Staff to include the Arborist's recommendations in the Planning Commission resolution without retyping. Staff has attached copies of the RFP and the three top proposals for the Council's review. ALTERNATIVE ACTIONS: 1. Appoint asub-committee of the City Council to conduct interviews and report the findings and recommendations to the full City Council. 2. Select a City Arborist based upon the submitted proposals. 3. Direct Staff to negotiate a new contract with Barrie Coate and Associates to be brought back to the City Council for approval. Presumably this would not include streamlined time frames nor electronic submittals. 4. Retain Barrie Coate as the City's Consulting City Arborist and change the development review process so that an applicant provides his or her own Arborist Report (in a format approved by the City). Barrie would review the material at the desecration of the Community Development Director. Barrie would continue to provide Consulting Arborist services to the City for City projects. 5. ,Enter into City Arborist service agreements with both of the responders and rotate project assignments. FISCAL IMPACTS: The principal City Arborist costs are a pass through to the development community.' A portion of the total cost is City of Saratoga projects that are associated with a Capital hnprovement Project or maintenance of Cityproperty. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A 2of3 . FOLLOW UP ACTION: 1. Contact the finalists to inform them of the Council's direction. ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: 1. Copy of the Request for Proposal 2. Submitta] from David Babby or Arbor Resources 3. Submittal from Deborah Ellis, MS ~~ 3 of 3 REQUEST FOR PROPOSAL CITY OF SARATOGA CITY ARBORIST SERVICES INTRODUCTION The City of Saratoga is requesting proposals from Licensed Arborist familiar with the flora of the Saratoga area. The health and protection of trees is very important to the City of Saratoga. We are re-noticing this request because our existing City Arborist, Barrie Coate withdrew his application for consideration during the final selection. BACKGROUND Saratoga is located in the foothills of the Santa Cruz Mountains in west Santa Clara County and is primarily a residential suburb to Silicon Valley. The City is approximately 12 square miles in land area, with a population of roughly 30,000. Incorporated in 1956, the community is almost entirely built-out with low-density single-family residences, with a small percentage of commercial and multiple family residential developments, and does not anticipate significant growth or expansion in the near future. Development activity is currently brisk, but it is characterized primarily by redevelopment and in-fill developments. The mature andlor ordinance sized trees are often at risk during construction of these developments. The residents of Saratoga are actively involved with the community and are very interested in the protection of trees. PROCESS SUMMARY The results of this RFP will be presented to the City Council for their direction. SCOPE OF WORK OF THE CITY ARBORIST 1. Conduct site investigations and prepare a written report (electronic version preferred) within 2-weeks of referral. 2. Review development proposals and make clear and concise recommendations regarding changes to the development to protect trees. 3. Report shall prescribe tree bond values, tree protective fencing and replacement plantings. 4. Provide support to City Staff on an as needed basis. 5. Conduct a final site inspection and prepare a written final inspection report within one week advising City Staff regarding the release of bonds City Arborist RFP Page 2 RFP SUBMITTAL REQUIREMENTS Consultants responding to this Request for Proposal must present satisfactory evidence to the City, indicating its ability to meet the Scope of Work outlined above. To this end, each proposal must include the following information: • A brief description of the background and capabilities of the consultant. • A detailed statement of direct relevant experience. • Provide resumes of all staff assigned that could be used to accomplish the duties of the City Arborist. • The names and background qualifications of any sub-consultants proposed to be used. • A description of any honors and awards received for similar work done by the firm. • A schedule of fees or hourly rates charged by the consultant. • An estimate of the number of hours needed to review development proposals and conduct a site investigation and prepare a report. • A sample arborist report for a proposed addition or new single family dwelling. • The name, address and telephone number of the person to whom correspondences should be directed. • Provision of any other information that may assist the City in ascertaining your or your firm's qualifications. RFP SUBb'IISSION DEADLINE Five (5) copies of each proposal must be received by 5:00 p.m. on Friday, August 23, 2002. Please submit proposals to: Thomas Sullivan, AICP Director of Community Development City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 City Arborist RFP Page 3 CONSULTANT SELECTION PROCESS A Selection Committee will review the proposals, and the most qualified consultants will be invited for an interview with the Committee. Following the interviews, the Committee will select the consultant that it feels has demonstrated the best qualifications and ideas for this project and an Agreement for Professional Services will be negotiated with City Staff. The negotiated agreement shall be submitted to the City Council for approval. It is anticipated that the selection of a consultant will be made by late-September 2002. The City reserves the right to act as the sole judge of the content of all proposals. In soliciting these proposals, it is the intent of the City to have the best possible service performed on this project. Therefore, selection of the consultant will be based upon the following considerations and criteria: • Consultant's demonstrated experience performing similar Arborist services involving municipalities and other public agencies. • Consultant's demonstrated ability to manage and coordinate the required work product. • The quality, amount and type of services proposed. • • The thoroughness of materials submitted, including the proposed work plan. ' • Any other considerations deemed pertinent by the City. All proposals received in response to this RFP shall become the property of the City. All proposals shall become a matter of public record and shall be regarded as public records except for those parts of each proposal that are defined by the consultant as business or trade secrets, provided that said parts are submitted in a sealed envelope and clearly marked as "confidential" or "proprietary". The City may conduct any reasonable inquiry to determine the responsibility of the consultant. The submission of a proposal constitutes permission by the consultant for the City to verify all information contained therein. If the City deems it necessary, additional information may be requested from any consultant. Failure to comply with any such request may disqualify a consultant from further consideration for this project. CONSULTANT INQUIRIES For further information or inquiries about this RFP, please contact Thomas Sullivan at (408) 868-1222. • ~~ , ,_,~ .. - - Deborah Ellis, ASCA Consufting Arbodst & Horticulturist T ~ - . ,~ , and Associates •Lti 4 P.O. 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Via.. ~ R.L'~'t~Y ~~ h': '~, i ~~ ~ ~ z s~ ag =~ cnv ava ma y ~~ ~z ~ o C o ~ D O a J~ o '~ i w e°N ~ o ~~ o ~ p y 7 p o~ w_ ~ ~ s~ ~ w ~ p °. '~ ~ T n~ o o, H o U a' c w 9~ D c; f7 0°,~ v ~ A A c m ,~' a °_ c w '~ o N p m y (~ ~_- .~ n ~ yo' o w A o a ~ pp po. v; c ~ _ ~ ~ < ^ .~~ ..; ~ 7 i ,~ Deborah Ellis, MS Consulting Arborist 8 Horticulturist Thomas Sullivan Director of Community Development City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 February 6, 2002 Re: City of Saratoga City Arborist Services -Request for Proposal Dear Mr. Sullivan: I am submitting this proposal for the position of Saratoga City Arborist, as requested in your RFP of January 2002. Background & Capabilities: I am an independent consulting arborist & horticulturist in business since 1984. I trained specifically while in graduate school to do the consulting work in horticulture and arboriculture that I offer as my primary business service. In addition, I am the consulting arborist to the Town of Los Gatos and was just awarded a contract to be the consulting arborist for the City of Monte Sereno. I am a resident of Saratoga and a 40-year resident of the Boy Area, and have lived in the San Jose/Saratoga are for the last 20 years. In addition to working with trees, I am qualified to work with all types of plants including turf, interiorscapes and theme gardens. I also have a great deal of experience with general landscape design and construction. 1 feel that I am well qualified for the position that you describe. Direct Relevant Experience: As a consulting arborist 1 have worked in many significant construction projects in the City of Saratoga including the reconstruction of the Villa Montalvo Arboretum pathway (1990), protection of the (since removed) old Eucolyptus trees during the Saratoga School renovation (1997-1999), and construction of the Villa Montalvo Artist Residence units (2000 - current). I have enclosed my business brochure, curriculum vitae and a reference list foryour information. As the Town Arborist for Los Gatos, I review, analyze and comment on development project plans relative to trees, prepare technical analyses and reports, conduct peer review of outside arborist reports and attend meeting as requested. I provide opinions on tree removal requests, diagnose tree and plant problems and make recommendations on their treatment. I also review the general landscape plans for these projects in the same manner. I will be revising the Los Gatos Tree ~' Ordinance. I also worked on the revision of the Los Gatos Hillside Development Standards. I provide recommendations to the public works and parks departments of Los Gatos relative to new tree planting and landscaping and will be working on the master plan for Los Gatos Boulevard, relative P.O. Box 3714, Saratoga, CA 95070-1714 • (408) 725-1357 voice & fax • E-mail: decah@pacbell.net City of Soratoga City Arborisi Services -Request for Proposal. D. Ellis, 2/6/02. Deborah Eliis, MS cor~ro~9 nrborlsl a xorticunwlst J•,+ic• w.cc 1984 to new tree planting there. I assist in any tree or landscape projects or concerns, as requested. I will be doing similar work, although to a lesser extent, for the nearby small City of Monte Sereno. Resumes of all Staff the could be used to accomplish the duties of City Arborist: I om a sole proprietor and do not have employees. All correspondence should be directed to me. At times I do subcontract out small amounts of work (usually laboratory analytical) to allied professional consultants such as: • Soil & Plant Laboratory of Santa Clara, 408-727-0330 • Plant Disease Diagnosis of Walnut Creek, Luellen Pierce, 925-937-3841 As a local backup arborist while I am away on vacation, I often use: • Gil Mitchell, Tree Health Professionals, 408-871-3040 • Barrie Coate, Barrie Coate & Associates, 408-353-1052 Both of the above are certified arborists and are also Registered Consulting Arborists with the American Society of Consulting Arborists, as am I. A description of any honors or awards received for similar work done by the firm: I was awarded a Resolution of Aooreciation by the City of Campbell Planning Department for my voluntary work as an Advisor to the Site and Architectural Review Committee of the Planning Commission, February 1986 through March 1989. During this appointment I encouraged the use of xeriscape principles in providing drought-tolerant plant materials and irrigation systems through suggestions to projects proposed in Campbell, and also advised in general tree and landscape matters. Schedule of Fees or Hourly Rates Charged by the Consultant: I have enclosed my 2002 fee schedule for your review. Please note that I offer discounts both for prepayment, and also to good customers after $5000.00 of on-time payments. An estimate of the number of hours needed to review development proposals, conduct a site investigation and prepare a report: This depends upon the size and complexity of the project. For my work in the Town of Los Gatos most building permit applicants are required to provide the City with a deposit of $1500.00 for my work. On smaller projects sometimes only $500.00 is required. On many small projects where there are only one to a few trees, I often do not accrue the entire $500.00. The $1500.00 amount seems to cover most "moderate" sized projects, that is, projects where there are between 25 and 50 trees. On some projects my time will run over the limit that the Planning Department has asked the applicont for, and I will apply for additional funds. P.O. Box 3714, Saratoga, CA 95070-1 7 1 4 • (408) 725-1357 voice & fax • E-mail: decah@pacbell.net City of Saratoga City Arborist Services -Request for Proposal. D. Ellis, 2/6/02. Deborah Ellis, MS ConwlLng ArbOrlst i Horticuttwlst Scdcc w~co. 1984 Sample Arborist Report for a Proposed Addition to a Single Family Dwelling: I have attached a report I did recently for an addition that will be made to asingle-family residence in Palo Alto. I am also the inspecting arborist for this project, and made tree protection inspections before demolition and at rough grading. I will continue to make monthly inspections until the project is completed. After each inspection I provide a Tree Protection Inspection Report to the City contact (City Arborist Dave Dockter, 650-617-3145), the owner and the general contractor. Provision of any other information that may assist the City in ascertaining qualifications: I have provided the following: • Business brochure • Curriculum vitae (dated January 31, 2002) • Reference list My website has additional information. The address is: htta://www.decah.com If you send me an email I will send you a Zink to an online photo album from a project I am currently working on. I usually set up online photo albums for the projects that I work on, so that planners and other interested parties can have access to a large number of photos of the trees and landscaping at a development site. These photos can be shown as a slideshow to large audiences with a computer projector. »»»»»»»»»»»•»»»+»»»»»r» Thank you for the opportunity to provide you with this proposal. Please call me if you have any questions. Sincerely, . Deborah Ellis, MS. Consulting Arborist & Horticulturist W.C,I.S.A. Certified Arborist #457, ASCA Registeretl Consulting Arborist#305, ACFE #14370 P.O. Box 3714, Saratoga, CA 95070-1714 • (408) 725-1357 voice & fax • E-mall: decah@pacbeli.net FEE SCHEDULE (Rates effective 1/1/2002, revised annually each JanuoryJ Deborah Ellis, MS. Consulting Arborist 8 Horticulturist. PO Box 3714, Saratoga, CA 95070. 408-725-1357. Email: decahC~pacbell.net. Web site; http://www.decah.com~ LABOR RATES: (billed in increments of 5 minutes, 10 min. minimum] A completed and signed work authorization/contract is required prior to work. $100 minimum per job, waived for continuing good clients. New clients or continuing clients with late payment record are usually requested to prepay or present a deposit at beginning of work. • REGULAR (non-legal case) OFFICE 8 OUT-OF•OFFICE WORK: 100.00 /hour. • Travel time'/z the above rate ($50.00 /hour). There is no charge for mileage. • LEGAL CASE WORK • Anon-refundable retainer of $2000 is required to begin work, refillable by $1000 deposits when 80% of the original amount (1600.00) occrved. • Regular office 8 out-of-office work 8 travel time: $150.00 /hour. As o consultina expert, I work with attorney or client, at time and materials plus expenses. The work product is privileged and confidential. • Depositions & testifying: $200 /hour. As a testifvina expert, I work only for the attorney. • RUSH WORK or AFTER-HOURS WORK (before Gam or after bpm), weekends or holiday: add 50% the above rates. • RESISTOGRAPH use for advanced tree decay detection $50.00 charge per day • OTHER EXPENSES:. Photography, lab work, blueprinting, and similar expenses are charged at cost with no mark- up, the only additional fees involved are those requiring my time, such as processing. DISCOUNTS: • Preoavments: A 10% discount is given on the amount of the prepayment that is used for the job. Any unused portions of prepayments (exception minimum job fees of $100 regular or $2000 legal) will be refunded to client upon completion of job. • Preferred Customer: (after $5000.00 in on-time, problem-free payments) a 10% discount on all work and travel time. Must maintain good payment record to continue to receive discount & waiver of pre-payment. If you wish to pre-pay, an additional 10%, discount (as described above) will be given on the pre-payment amount for a total of a 20% discount. WRITTEN DOCUMENTS (such as memo, letter, statement, letter report, booklet report or specifications): I do charge for preparation of these documents at the rates given above. Normally one copy of a report is supplied. If additional copies are required, these will be provided to the client for an extra charge on a time and materials basis. CORRESPONDENCE REGARDING YOUR CASE: I charge at my regular work rates for telephone or an in-person conversation that may occur during or after your job is completed, or as a part of an ongoing working relationship. I return all calls, emails or faxes as soon as I can and provide high quality service to all my clients regardless of the nature of their case. My time includes my written notes regarding our conversation, which are placed in your case file. I keep detailed records of each case large or small, as would a good physician or attorney. This does take. extra time on my part, but I feel that this is the best way to provide excellent service to my clients. Note that this extra time for conversations, notes and record keeping may not have been included in our original contract, but I do reserve the right to charge for this time. In addition I keep all case files for at least 10 years after the date of lost contact. PAYMENT TERMS: Invoices or prepaid account statements are usually sent on the last working day of the month for work done that month. For small jobs I may invoice upon completion. The net amount (minus any pre- payments) is due on or before the last working day of the next month, unless otherwise agreed. Late accounts will be charged a fee of 1.5% per month, minimum 1.00. There is a returned check fee of $25.00 with all collection costs to be paid by liable party. I am happy to pre-bill, if this will assist you with your bookkeeping. r Deborah Ellis, MS Consulting Nborist 8 Horticulturist >~ ~~ ~r' ~~ .~ ~, t"~ ^~ ' .. .Sw,:c¢ w,c¢ 19&1 for a large coast live oak, Quercus agrifolia located in the front yard of the Yan Residence Remodel, 2331 Bowdoin Street, Palo Alto Prepared for. Jerry Yan 2331 Bowdoin Street Palo Alto, CA 94306 Prepared by: Deborah Ellis, MS. Consulting Arborisf & Horficulturisf American Society of Consulting Arborisis, Registered Consulting Arborisf #305 Internotionai Society of Arboriculture, Western Chapter Certified Arborisf #457 American College of Forensic Examiners # 14370 ©Copyright Deboroh Hlis. 2001. This report moy not be reproduced in whole or in part without the expressed written or verbal consent of Deborah Fllis. December 3, 2001 P.O. Box 3714, Saratoga, CA 95070-1 7 1 4 • (408) 725-1357 voice & fax • E-mail: decah@pacbell.net AR~ORIST REPORT Deborah Ellis, MS Consuttiny Arborist & NorticuMUrist • .Sa.:v w,ca 1964 TABLE OF CONTENTS Summary 1 Introduction 1 Scope of services 1 Limits of Scope and Investigation: 1 Background 2 Investigation Methods 2 Observations 3 Site or Field Conditions 3 Description~of the Subject Tree 3 Discussion & Conclusions 6 Recommendations 6 Tree Protection Guidelines 6 Appendix 10 Dripline Measurement 10 Fencing Detail 11 Cutting concrete around the root collar 12 Cover photo: the subject oak free from the easf, November 28, 2001. P.O. Box 3714, Saratoga, CA 95070-1 7 1 4 • (408) 725-1357 voice & fax • E-mail: decah@pacbell.net Suuu r..u 1984 SUMMARY The Yan's coast live oak is in good condition. Although a 25-foot tree protection zone cannot be maintained all around this tree (due to proximity of proposed construction), the tree will benefit in the long-term from the removal of existing pavement and structures and increased open ground within its dripline area. The impact of demolition and construction on this tree should be low to moderate if the tree is well fenced off from these activities and if my other recommendations for tree protection are followed. Tree Protection Guidelines for this oak are provided in the Recommendations section of this report. INTRODUCTION SCOPE OF SERVICES My assignment is to inspect the subject oak tree, describe its size and condition, and assist those involved in designing the Yan's remodeled house around the tree. The intended audience of this . report is the Yan's, their general contractor Chris Donatelli and their architect Tali Hardonag. The purpose of this report is to reduce damage to the tree that could be caused by future construction and landscaping, and to alldw this tree to have a long and useful life in the landscape. LIMITS OF SCOPE AND INVESTIGATION: 1. The subject oak tree was inspected on November 28, 2001, and its condition as stated in this report reflects that date. No other trees or plants on site were inspected. 2. The tree inspection was brief, by ground and without root collar excavafions~ or other probing or boring done on the tree. 3. The tree location was provided on the topographic survey of the property by Lea 8~ Sung Engineering (4/11 /Ol ,sheet 1 ~. The actual location of the tree in the field seems to be a few feet off from what is shown on the map -the edge of the trunk is 7 feet from the existing garage instead of 10 feet as the topo survey shows. This may have something to do with the side of the tree that was surveyed. The drioline~ of this tree on the plans is also not accurate. I measured the tree in the field and have provided an accurate drawing of the tree's dripline on page 10 of this report. I have also transferred this dripline drawing to the tree protection fencing detail for this tree, shown on page 11. ~ A ~t collar excavation is the removal of soil below grade (w excess soil above the natural grade) at the root collar to expose and/dr determine the health of tissue in this area. This is done to assess anchorage and stability of the tree. Any problems in this area can translate to whole tree health, as well as stability. ~ Dri line: the area under the total branch spread of the tree, all around the tree. Although hee roots may extend out 2 to 3 times the radius of the dripline, a great concentration of active roots is often in the soil directly beneath this area. P.O. Box 3714. Saratosaa, CA 95070-1714 • (408) 725-1357 voice & fax • E-mail: decah@pacbell.net Arborist Report, Yan coast live oak, 2331 Bowdoin St., Palo Alto. D. Ellis, 12/3/01. Arborist Report, Yon coast live oak, 2331 Bowdoin St., Palo Alto. D. Ellis, 12/3/01. Deborah Ellis, M5 Consulting Arborist 8 Nortlculturist .Scows w,cc 1984 4. The other plans that I have reviewed for this project are the Plan Bid Set given to me on November 29 (sheets dated September 6, 2001, except for S1-SS that are dated August 15 or 16, 2001. 5. The measures noted within this report are designed to assist in the protection and preservation of the subject oak tree mentioned in this report, should this tree remain, and to help in its short and long term health and longevity. This is not however, a guarantee that this tree may not suddenly or eventually decline, fail, or die, for whotever reason. Because a significant portion of a tree's roots are usually far beyond its dripline, even trees that are well protected during construction often decline, fail or die. Because there may be hidden defects within the root system, trunk or branches of trees, it is possible that trees with no obvious defects can be subject to failure without warning. The current state of arboricultural science does not guarantee the accurate detection and prediction of tree defects and the risks associated with trees. There will always be some level of risk associated with trees, particularly large trees. It is impossible to guarantee the safety of any tree. BACKGROUND Chris Donatelli of Donatetli/Castil Construction called mein late November and asked me to prepare this Arborist Report. Dave Dockter, the City Arborist of Palo Alto, has requested that any disturbance or activity within a 25-foot protection zone around this tree must be mitigated and discussed in a written Arborist Report for planning department review. The accurate dripline of the tree was also required to be shown on the plans. INVESTIGATION METHODS The subject oak free was briefly observed for its structural condition (stability) and general health (vigor) by visual assessment from the ground. Tree characteristics such as form, weight distribution, foliage color and density, wounds and indicators of decay were noted. Surrounding site conditions were also observed. Evaluation procedures were taken from: Guide for Plant Appraisal, 9th edition, 2000, authored by the Council of Tree and Landscape Appraisers (CTLAj and published by the Internationol Society of Arboriculture (ISA). Species Classification and Group Assignment published by the Western Chapter of the International Society of Arboriculture (WCISA), 1992. Tree Hazard Evaluation Form taken from Evaluation of Hazard Trees in Urban Areas, 2^d Ed., Matheny & Clark, International Society of Arboriculture, 1994. The above three references serve as industry professional standards for tree and landscape evaluations. • P.O. Box 3714, Saratoga, CA 95070-1714 • (408) 725-1357 voice & fax • E-mail: decah@pacbell.net Arborist Report, Yan coast live oak, 2331 Bowdoin St., Palo Alto. D. Ellis, 12/3/01. i Deborah Ellis, MS Consulllnq Arborlst 8 Horttwtturlst OBSERVATIONS SITE OR FIELD CONDITIONS The oak tree is located in o 7 to 8 foot-wide planting area between the Yen's garage to the North, their driveway to the east, the City sidewalk to the south and a the shrub border and lawn of a neighboring property to the west. The site is predominantly flat although it slopes slightly toward the street. It appears that the existing concrete driveway was built around the oak, as there is a notch within the driveway in which the trunk of the oak is located. Portions of the root collar grow over the driveway pavement. The driveway is slightly lifted and cracked, particularly near the tree, so the roots of the tree may be part of the cause. The planting area is mostly bare soil and a few scattered shrubs. This planting area does not seem to be irrigated, but the west neighbor's shrub area and lawn are irrigated, as is the Yen's lawn 20 feet to the east. So, although there is no irrigation within a few feet of the trunk of this tree, it does have access to frequent irrigation. The oak tree is located about 7 feet from the existing garage, so considering the house, • driveway, sidewalk and street which are beneath the canopy of this tree, well over 75% of the tree's root system is covered with pavement and/or structures. The soil in the small planter area around the tree is a beautiful loam that I was able to probe to a depth of 12 to more than 24 inches. This may have something to do with the good vigor of this tree. The adjacent soil in the lawn ores however, was extremely compacted and I was only able to insert a probe in it 1 to 3 inches deep. I did not sample soil in the west neighbor's yard. DESCRIPTION OF THE SUBJECT TREE A description of the s¢e and condition of the tree is below: Trunk diameter at 4.5 ft. above ground: 37.8 in. Size: (height x canopy spread): -38 ft. tall by 48 feet wide (east to west and parallel to the street), 68 ft. wide North & south and perpendicular fo the street). Tree Ranking: e Jess: Q ondltfon+: (vigor 90+ structure 80/ 2)= $,~ Locaffon: (site 70, contribution 90, placement 80/ 3)=$Q. Aaaraised Tree Value (Trunk Formula Methodls: $23,800.00. s Species Classification and Group Assignment 1992. Editor: Chandler, AZ. Published by the Western Chapter of the International Society of Arboriculture. Trees in the Western section of the United States have been ratetl by a group of professionals in terms of hardiness. aesthetics, function, problems, etc. Ratings are expressed on a scale from 10 to 100, with 100 being excellent and 10 being unacceptable. "Numerically stated, the approximate value is as follows: 100 =excellent, 80 =good, 60 =fair, 40 =poor, and 20 =unacceptable. s Determination of the value of a tree via Trunk Value is based on the cost of the largest commonly available transplantable free and the cost of installation, plus the increase in value due to the larger size of The tree being 3 P.O. Box 3714, Saratoga, CA 95070-1 7 1 4 • (408) 725-1357 voice & fax • E-mall: decah@pacbeil.net Arborist Report, Yan coast live oak, 2331 Bowdoin St., Palo Alto. D. Ellis, 12/3/01. Deborah Ellis, MS ConwlUng Arborisf i HortlcuHurist Impact of Proposed Constructlon on this tree: Low to moderate (initially, with long-term benefits to the tree through the creation of more open ground beneath the dripline. Hazard rating: Low/moderateb. Action: Save. Reason for action: A beautiful tree in good condition, and through construction the environmental conditions for this tree will be improved. General Notes on tree: This is a beautiful tree in good condition that is well worth the efforts that will be made to preserve it. The canopy of the tree receives full sun exposure and this oak is clearly a "dominant" tree in the area. The tree has been pruned several times in the past; the last pruning was approximately 2 years ago. Long ago the tree received crown-raising orunina~ where several low scaffold txanchese were removed. Some of the older cuts have been flush cuts9, but most of the old pruning wounds on the tree have completely or significontly sealed over with woundwoodr~, which is an indicator of good tree vigor. The more recent prunings seem to have concentrated on thinning the large scaffold and secondary branches, particularly those in the lower half of the canopy. This thinning has leaned a bit toward lion-failinp~~, although not to an extreme extent. Unfortunately, most native oaks in this area are pruned in this manner. The owners noticed some flaking bark on the trunk of the tree. This is caused by sycamore borer, a common insect of coast live oak. The larvae of this wasp-like insect tunnel in the bark and sometimes into the underlying wood. Trees generally tolerate extensive boring by this insect and usually no control measures are recommended. The amount of damage on this tree is minor to moderate and I would not do anything about it. approised. These values are adjusted according to the species of the tree, its condition and landscape location. Procedures are taken from the Guide to Plant Appraisal, 9~^ Edition. s Hazard potential is estimated at the time of inspection for the existing site on a scale of Low, Moderate or Severe. Low/moderate and Moderate/severe are intermediate ratings. Crown-raising pruning is the removal of lower branches from a tree, in order to increase clearance or visibility beneath the free. Also called "skirting" or "raising the skirt". e A asc ffold branch is a primary structural branch arising from the trunk of a Tree. s Flush cut: The removal of a branch through pruning, cutting as close as possible to the trunk or parent branch. Flush cuts ore no longer recommended because they are unnecessarily large and expose trunk tissue to the possibility of decay. Instead, the cut should be made just beyond the "branch collar", but not so far outward so as to leave a "stub". ~~ Woundwood: the growth of undifferentiated (issue (callus) which has matured into wood and bark tissue, around a wound. If growth continues the wound will be sealed inside the intact outer wood. A crack at the point of the woundwood "roll" will always remain, however. Decay does not usually progress into the new wood made after the wound. ~' Lion-tail pruning means that the lower portion of the branch was stripped, leaving the majority of weight concentrated ai the end of the branch. A branch pruned as such is subject to sunscald and resultant canker diseases, is "end-heavy" and is generally more likely to fail. Lion-tailing is also not desirable in terms of • encouraging proper branch taper and managing end weight. 4 p ~ Rr~x 3714. Saratoga. CA 95070-1714 • (408) 725-1357 voice & fax • E-mail:. decah@pacbell.net Arborist Report, Yan coast live oak, 2331 Bowdoin St., Palo Alto. D. Ellis, 12/3/01. Deborah Ellis, MS Consulting Arborist 8 Horticulturist Seou w.u 19&t Overhead wires (bundle wrap, cable & phone) pass through the canopy of this tree, over the street. There has been minimal clearance pruning (side trimming) for these wires. The tree has not been topped. The red arrows in the photo at left show old flush cut pruning wounds with excellent woundwood growth around them. The woundwood has almost completely sealed over the original cut, i) Past removal of large scaffold branches that were close together -the pruning wounds from these removals are close to other large scaffold branches in the tree. These cuts were made long ago and have sealed over well, but there still must be some internal decoy associated with them. At this time this is of "low" concern due to the general good vigor of the tree, but still this is a structural defect that should be mentioned. 2) Frequent irrigation of shrubs and lawn close to the hunk of this tree, in the west neighbor's front yard. One cannot tell a neighbor how to landscape their yard; still it would be much better for this tree if inigation were not occurring so close to the trunk (in this case there is a shrub border within 5 feet of the trunk, and a lawn within 7 feet of the trunk). Frequent irrigation of the root system of coast live oak, parficulariy near the trunk, can lead to root and root collar rot diseases. In the Yan's front yard to the east, the closest irrigation is a shrub border at about 13 feet from the trunk, and a lawn at about 15 feet from the trunk. Although it would be best if there were no irrigation within the dripline of this tree, i think the Yan's front yard is of less concern than their east neighbor's. At this time there are no symptoms of decline in the canopy, or any degradation of the aboveground root collar area, which would point to a root decay condition. 3) The tendency toward past loin-tall pruning of long acaHold branches. This has created a condition where most of the weight is toward the outer one-third of the branch. While some might say that these branches are too "end-heavy", i do not think their end weight is excessive. Still, some very light thinning of the terminal ends of the branches (removal of 10 to o n a,,,. z~ 1 a Snr~tnnn. CA 95070-1 7 1 4 • <408) 725-1357 voice & fax • E-mail: decah@pacbell.net My main concerns with the tree are: Arborist Report, Yan coast live oak, 2331 Bowdoin St., Palo Alto. D. Ellis, 12/3/01. Deborah Ellis, MS ConsuttTng Arbalst a HortTcunurlst 15%) of small branches)r~, might be in order, especially for the lowest scaffold over the street as well as over the existing garage. DISCUSSION & CONCLUSIONS A 25-foot tree protection zone around the trunk of this tree, as suggested in Dave Dockter's November 15 email to Tali Hardonag will not be possible, due to closer proximity of planned construction. I believe that we can mitigate this however, by creating new open ground beneath the tree. Although the removal of the existing driveway and garage will cause some minor, shorf- term damage to the root system of the oak, in the long term the tree will benefit by a larger, more favorable root zone environment. If demolition and construction proceeds carefully around this tree and the tree is well fenced off prior to demolition, then I think that the tree should fare quite well and have a long and useful life in the Yan's landscape. In the recommendations below, I provide suggestions as to how this can be accomplished. RECOMMENDATIONS TREE PROTECTION GUIDELINES 1) DESIGN CHANGES SUGGESTED: a) The walkway shown on the plan set will be eliminated, as is shown on my tree fencing detail. b) Move gas line toward driveway and snake toward backyard gas meter along garage and porch, if this is possible. Ditto for electric line, if this is possible. If it is not possible to move these lines as suggested, then at least move them as far from the trunk to the east as possible. In any case, hand-excavate or tunnel the location for these lines within the dripline of the tree, taking care to preserve as many roots as possible. c) The decorative stucco wall must be on a pier and grade beam foundation, with no excavation for the grade beam. Pier holes may be drilled as long as drilling equipment does not damage any aboveground portion of the tree, and the drilling machine sits on the existing driveway. 2) IRRIGATION. The ook must be well hydrated efore any demo or construction. Irrigate the tree approximately 2 weeks before any work will begin if the soil is not moist to at least 12 inches i 12 For entl-weiahf reduction, try to maintain live branches along as much of the lower part of the heovy limb as possible (close to the Trunkl. In other words, try to maintain a low center of gravity as far os the limb is concerned. Do not strip or "lion-tail" branches so that the foliage only remains near the terminal end. Thin predominantly at the terminal end, (the outer 1 /3 of the branch), removing less as you move down the branch. Try to conserve foliage and branches along the lower portion of the branch. Try not to remove branches greater than 3 inches in diameter. This may mean chat only very small amounts land very small diomefer) branches and twigs are removed from the terminal portion of a branch. In addition to reducing end-weight, This also slows the growth of the branch. Remove no more than 25°b of the live foliage on any branch. -.. ~~~ ., c......,,,,r, ra ofn7r1_7714 • 0408) 725-1357 voice & fax • E-mail: decah@pacbell.net Arborist Report, Yan coast live oak, 2331 Bowdoin St., Palo Alio. D. Ellis, 12/3/01, Deborah Ellis, MS Consulting Arborist 8 Horticulturist below the surface. This will help the tree go into the project strong and not drought-stressed, so they will be better able to weather any damage they may experience. Irrigate throughout the small planter area in which the tree is located, starting 4 feet out from the trunk. Also irrigate throughout the entire Yan's lawn area. If the west neighbor is willing, irrigate within their entire lawn area as well. Irrigate by water jet method13, spacing holes 4 feet on center. LeeRoy Bowles of Tree Elite is a good company that can provide this service for you. 3) PRUNING FOR CLEARANCE. Pruning prior to construction should be as little as possible, and only what is required for construction clearance. Keep in mind that construction vehicles will be utilizing the existing driveway area until the driveway is removed. Branches that must be shortened should be cut back to appropriately sized lateral branches whenever possible, and not to stubs. Aesthetic pruning can be done later. The tree pruner should follow the industry standards: Tree Pruning Guidelines. 1995. International Society of Arboriculture, PO Box 3129, Champaign, IL 61826-3129. 217-355-9411, and Tree, Shrub and Other Woody Plant Maintenance -Standard Practices. June 1, 1995. Secretariat: National Arborist Association, Inc. American National Standards Institute, 11 West 42nd St., New York, New York, 10036. Again, Tree Elite would be a fine company to provide this service for you. 4) FENCING. The first and foremost method of tree protection is fencing off the tree from the construction before any demolition or construction begins. The area inside the fencing is termed . the "tree protection zone". TMe fencing shall be 6-foot high cyclone attached to 3-inch diameter steel posts driven 18 inches into the ground and spaced no further than 10 feet apart. Durable neon-colored flagging cape should be woven through the top of the fence to increase visibility to vehicle operators. Tree protectlon slgnage should be posted on the fencing every 25 feet, clearly proclaiming that'there is to be no unauthorized work or persons within the tree protection zone, no dumping of chemicals or storage of materials or equipmeht, and who to contact regarding this. I can provide a template sign if requested. a) I have enclosed a fence location detail on page 1 i .There will be 3 phases of fencing with different fence locations. 5) MULCHING, Immediately after existing pavement is removed and the garage is demo'd, spread a 4-inch depth of coarse organic mulch such as wood chips within the tree protection zone of the Yan's property, including their lawn and shrub border area east of their driveway. Wet the ground surface thoroughly before the mulch is applied, and then wet the mulch itself after it is spread. The mulched area should include the small planter area in which the oak is now located. 6) If the above tasks are done. tree Drotection will be very simple and that is all that will probably be necessary. If the tree protection zone is not respected however, increased policing of tree protection (usually provided by the Consulting Arborist and as continued below) and repair measures may be necessary. a) DEALING WITH EXPOSED AND/OR DAMAGED ROOTS: You may encounter some roots during soil work. if roots must be are encountered that must be removed, cut them right i3 Water iet: a hand-held metal probe, usually''/z to'/. of an inch in diameter, with side holes near the pointed tip end. The device is attached to a hose and stuck into the ground by pushing on side handles. Water flows out of the holes horizontally, and a hole is also made vertically into the ground by the probe. The end result is the creation of vertical and horizontal tunnels filled with water and soft soil slurry, increasing water and aeration and reducing soil compaction. ~,. ~-•. ~~~ ~ ~,.,,.+.,,,,, rn o~mr>-1714 • 0408) 725-1357 voice & fox • E-moil: decah@pacbell.net Arborist Report, Yan coast live oak, 2331 Bowdoin Si., Palo Alto. D. Ellis, 12/3/01. Deborah Ellis, MS Consulting Mborlsl 8 Nortlwlturlst Sw.:c. r..cc 1984 away rather than tearing them back toward the trunk with heavy equipment. Roots can be cut cleanly and at a right angle if necessary, and then immediately covered with moist soil or thick shag rug that is kept wet until backfiil is replaced. Use a sharp pruning saw (not a hand saw, axe, etc.) for cutting roots. Roots 1 inch or greater in diameter must be cut cleanly bock to the excavation wall and the cut ends immediately sprayed with 7reeSealT^" or interior latex paint. Othervvise exposed roots should be covered and kept moist at all times -with soil, mulch, 3 layers of natural burlap (as on a cut face), etc. Do not cut roots greater than 4 inches in diameter without first contacting the Consulting Arborist. i) Removing the driveway concrete near the hee: The root collar of the tree has overgrown portions of the concrete pavement around it. These areas of pavement should be left in place, as it will cause more damage to the tree to remove them. A photograph and explanation showing how and where to make concrete cuts is shown on page 12. b) OTHER: Do not dump cement tailings, chemicals or other waste products into any landscape area. Preferably, have a designated washout pit far from landscape areas. c) RIDING JiERD. Talk is cheap and contractors rarely follow through with tree protection, even if they seem cooperative initially. Sub-contractors are especially problematic. I have found that there must be strict supervision and documentation of tree protection. I am available to provide this service if needed. I can also prescribe additional procedures that may help trees during and after construction. 7) LANDSCAPING AFTER CONSTRUCTION should be compatible with the existing oak. In short, this means that any new landscaping within the dripline of this tree should be "summer dry", as the oak would prefer to be. Plantings should be sparse and should be placed so that the edge of mature plants will beat least 10 feet from the trunk of the oak. The majority of ground beneath the oak should be covered with mulch, not with plants. Keep the mulch off the bark of the tree (e.g. at least 6 inches away from the root collar of the tree, and also any above-ground exposed roots). New plantings should be watered by a drip system placed underneath the mulch and not installed under the soil surface with digging or trenching. This drip system should be abandoned after an initial establishment period of 2 to 3 years. The Yz inch diameter drip tubing should be placed beneath the mulch and not installed below the ground by trenching or digging. Do not rototill within the tree dripiine. Any planting within this area should be done by hand. You may have me assist in the landscape design phase if necessary. I have also included the name of two very good landscape architects who work well around trees such as yours. 8 i ~~ o-.~• ~~~ ~ ~...,..,.,.,, r-e oFn~n_i~in . /dnRl 77fi-73.ri7 vnit^c? Fi faX • E-mail: decah@pacbell.net Arborist Report, Yon coast live oak, 2331 Bowdoin St., Polo AITo. D. Ellis, 12/3/01. Deborah Ellis, MS ConwPonp N6orlst i XortlwXurist .~wwcs >;..c• 1984 I hope that this information will be helpful to you. Thank you for the opportunity to provide service. Please call me if you have questions or if I can be of further assistance. Sincerely, Deborah Ellis, MS. Consulting Arborist & Horticulturist W.C.I.S.A. Certified Arborist #457, ASCA Registered Consulting Arborist#305, ACFE # 14370 Enclosures: "Keeping Native Calif. Oaks Healthy". Hagen. June 1990, Californip Department of Forestry & Fire Protection. Tree Notes #7. Referrals: Landscape Architects: • Jeff Heid, 408-867-8859 • Tim Hoagland, Hoag-Land Design, 408-354-9509 Tree Service • Tree Elite, LeeRoy Bowles, 408-996-8733 P.O. Box 3714, Saratoga, CA 95070-1714 • (408) 725-1357 voice 8c fax • E-mail: decah@pacbell.net Arborisf Report, Yan coosi live oak, 2331 Bowdoin St., Palo Alto. D. Ellis, 12/3/01. Deborah Ellis, MS Consulting Arborisf i HortlcuHurlst SQ,.:cc fwcs 1984 APPENDIX DRIPLINE MEASUREMENT i ~, ---__ _. _- _. ,_ _. ~ _ _- .._ ,; Bowdoin Street - ~ -~ - _ io o r, o,.., z~ ~ n Cnrntnnn. C:A 95070-1714 • (408) 725-1357 voice & fax • E-mall: decah@pacbell.net Arborist Report, Yon coast live oak, 2331 Bowdoin St., Palo Alto. D. Ellis, 12/3/01. • Deborah Ellis, MS Consulting Arborist 8 Hortlwiturist FENCING DETAIL Sa..:cc I~ ~~ p I I ~ I tp i ORTH~--I ------, ,; E `. ' . • ~ 4 ~ I (N) PORCVi FLO ' , ~'.~ v-ar yr I aoRx+r~w ~,:, . . , 'o- v ~..~~..,, ,o , I I ~ wmwa . ~ ~• •~ ; ~~ ' ~~~ Dripline t ,, ~ _ ,, ,,, I f ` ~ ~.~' `. ~~`` ( ~~ , `, , ,C i •~.~~r HEW nr I I , t ,~ ~ ~` _i~ A Note: the dripiine measurement shown on the previous page has been transferred to the above drawing. The scale in the above drawing has been reduced from the plan scale of i/8" = 1'-0". fence locations: A =Pre- and during demo of existing house (but not existing driveway). Fencing a few feet from existing garage, and 2-4 feet from trunk of tree on driveway, also surrounding existing lawn area. Construction vehicles may be used and equipment stored on the existing driveway until it is removed. Where on driveway the fence may be on metal stands, although it may not be moved. Along the street the fence must be installed on posts driven into the ground. 11 P n RnY .~7in Snrntnnn. c:A 95070-1 7 1 4 • (408) 725-1357 voice & fax • E-mail: decah@pacbell.net Arborist Report, Yan coast live oak, 2331 Bowdoin St., Pplo Alto. D. Ellis, 12/3/01. Deborah Ellis, MS ConsWtinp Arborist i HorHcuttwist Sc,,;w w,w 1964 B =After demo of house, just before demo of existing driveway, before decorative stucco wall is built. C =After all demo, after main construction, just before stucco wall is built. If the above exact fence locations are not possible, slight compromise is acceptable as long as the goal of fencing off as much of the tree's root system from contact with construction and construction equipment is maintained at all times. When the existing driveway is removed: cut the concrete near the tree as shown in the photo below. The driveway may be removed by backhoe sitting on remaining driveway pavement or in the street. Remove the concrete very carefully, so as to damage existing roots below the concrete as little as possible. The backhoe should work from the existing garage side of the driveway outward toward the street, always remaining on the driveway pavement or on the street. Prior to driveway removal the trunk of the tree must be wrapped with 3 layers of orange plastic fencing from the ground to the lowest branches. The backhoe operator must take great care not to contact any portion of the tree when removing the concrete, and to carefully pull concrete pieces away from the tree. Pre-cutting the concrete into smaller squares may facilitate the removal. CUTTING CONCRETE AROUND THE ROOT COLLAR The blue snows in the photo at left show where the root collar of the tree has overgrown the concrete of the existing driveway. Prior to existing driveway removal this concrete should be cut very carefully around the root collar, keeping about 6 inches away from any exposed portion of the root collar (red line in photo). A worker on the ground should be stdnding by the free and watching, so that he/she can assist in concrete removal and tree protection. Do not cut roots below the concrete. The cut concrete around the root collar should be left in place and , not ripped out, as this could cause damage to the root collar. After the driveway is removed additional concrete around the root collar may be removed if it is not underneath any portion of the root collar that has overgrown the concrete, and if it can carefully be removed by hand and with small tools such as a hand trowel, small mattock or small crow bar. 12 • • ^ ~ ^--~ ~~~ ~ ~--....,..... ro OFn7rL171d . ranRl 725-1357 voice & fax • E-mail: decah@pacbell.net • Deborah L. Ellis Curriculum Vitae PO Box 3714, Saratoga, CA 95070. 408-725-1357. Email: decah@oacbell.net Web poge: htto://www.decah.com January 2002 CAREER OBJECTIVES Since 1984, horticultural and arboricultural diagnostics, expert witness work, research, insurance investigation, professional consultation and documentation in all phases of horticulture and arboriculture. I provide a broad range of technical and advisory services for professionals in the California Landscape industry: architects, contractors, growers, nurserymen, maintenance, planners, and municipalities. Also: attorneys, insurance companies, utilities and others requiring horticultural expertise. EDUCATION • Mosier of Science in Plant Protection & Pest Management, University of California, Davis. Special emphasis in ornamentals and urban pest control. 1983. • Bachelor of Science in Ornamental Horticulture, California Polytechnic State University, San Luis Obispo. Concentration in Pest & Disease Management. 1981. EMPLOYMENT HISTORY • Independent Consulting Arborist & Horticulturist April 1984 to present, including the following long- term contracts: • Town Arborist, Los Gatos, California (started 11 /Ol j • Staff Horticulturist, EnviroScapes Landscape Maintenance, Inc. (since 9/Ol ) • Instructor, Foothill College Ornamental Horticulture Department. Pest and Disease Management. Fall 1987 through fall 1988. • Environmental Horticultural Department, U.C. Davis. Research assistant working on projects dealing with new ornamental introductions from New Zealand. Summer, 1982. • Hines Wholesale Nursery, Vacaville, Ca. Nursery Management Intern. Propagation, technical services, special emphasis in pest control division. Summer, 1982 • Saratoga Horticultural Foundation, Calif. Nursery field work. Pruning, Propagation, canning, and general nursery work. Summer, 1980. • Collishaw Corporation, Santa Clara, Calif. Estimator for landscape contractor. Plant and irrigation take-off and pricing, labor calculating, material ordering, and bid session attendance. Summer 1979. • Tree Farm (retail nursery), Mountain View, Calif. Sales, propagation, pest management. Summer 1978. AWARDS • Leopold Edwards Wrasse Agricultural Scholarship for California Polytechnic University, San Luis Obispo. 1978-79. • California Association of Nurserymen Peninsula Chapter Scholarship for California Polytechnic State University, San Luis Obispo. 1980-81. • Pi Alpha Xi National Ornamental Horticulture Fraternity, Upsilon Chapter. PROFESSIONAL & TRADE ORGANIZATIONS • American College of Forensic Examiners # 14370 . American Society of Consulting Arborists -Registered Consulting Arborist #305 since 1990 (member of Document Review Committee (1996 - 1998) Information Services committee (chair in 1994, mentor since 1999)). • American Society for Horticultural Science D. Ellis CV, 1 /2002 PROFESSIONAL & TRADE ORGANIZATIONS (continued) • Bay Area Landscape Supervisor's Forum (Chair 1991) • Cactus and Succulent Society of America • California Native Grass Association • California Native Plant Society • International Society of Arboriculture member 88-1709 (since 1986) • Northern California Turf and Landscape Association • Saratoga Horticultural Foundation • California Tree Failure Report Program contributor (Univ. of Calif.) (since 1988) COMMUNITY ACTIVITIES • Santa Clara County Fair Floriculture Div. Exhibitor: Cacti & Succulents Division since 1976. • Landscape Advisor to the Site & Architectural Review Committee of City of Campbell, Calif. (1985 - 1989). • Northern California Xeriscape Conference Planning Committee (1987). • Mid-peninsula Open Space District trail patrol volunteer (since 1997) • Saratoga Woods Homeowner Association Emergency Preparedness Team Area Coordinator (1997) • Lynbrook Masters Swim Team Board of Directors, 1999 - 2000 • Los Gatos Bicycle Racing Team 2000 & 2001 sponsor • International Society of Arboriculture Tour des Trees 2000 rider/fundraiser Williamsburg VA to Baltimore MD.:luly 29 -August 6, 2000. LICENSES /CERTIFICATES • California Agricultural Pest Control Adviser License #8037: Insects, Weeds, Plant Pathogens, and Nematodes. 1978 to present. • California Community College Instructor Credential #340343 • Certified Arborist (Western Chapter ISA) #457. 3/89 to present. • American Society of Consulting Arborists, Registered Consulting Arborist #305 (since 1990) MAJOR RESEARCH PROJECTS • 1994 -98 Pacific Gas & Electric Co. Line Clearance Trimming Study • 1994 -98 Staking on Tree Growth & Structure. Univ. Calif. Cooperative Ext., Marin Co. REFERENCES • Dr. Pavel Svihra, University of California Cooperative Extension, Marin County. 415-899-8620 • Dr. Larry Costello, University of California Cooperative Extension, San Francisco County. 415-726- 9059. • Dr. Ali Harivandi, University of California Cooperative Extension, Alameda County, 510-670-5215. • Drs. Ted Sweicki and Elizabeth Bernhardt, Plant Pathologists, Phytosphere Research, Vacaville. 707- 452-8735 • Other references in your specific area of interest are available upon request. PERSONAL Born in North Olmstead, Ohio, 1958, The San Francisco Bay Area has been home since 1961. Primary and secondary education completed in Los Altos, California. Health is excellent. Sports are competitive U.S. Master's swimming, distance cycling, cross-country skiing, and hiking. Interests include gardening (including gardening with California native plants), collecting and growing rare and unusual plants, and the collecting and showing of cacti and succulents. • ARTICLES WRITTEN & REFERENCE CITATIONS -see additional paper D. Ellis CV, 1 /2002 SPEAKING ENGAGEMENTS --see additional paper. EXAMPLES OF ASSIGNMENTS (1996 to present) Each category below has been limited to 5 or 6 cases, but additional case examples and references are available upon request. Many cases fit into more than one category, but have only been listed once -under the primary goal of the project. I have tried to list a wide selection of topics and clients to provide an overview of the type of work that I do. MONETARY APPRAISALS • Pacific Gas & Electric Company. Tree monetary appraisal, Mountain View, new substation installation, 1999. • State Farm Insurance Company. Monetary appraisal of rare Eucalyptus tree damaged by the felling of a tree on an adjacent property, 1999. • Asplundh Tree Expert Co. (utility line clearance pruning contractors), Los Gatos. Monetary damage evaluation related to tree damage caused by line clearance pruning, 1998. • Gallagher/Bassett Insurance Company (commercial insurance provider) appraisal of damage to existing trees by tree service at private residence, Carmel, 1999. • City of Mountain View Planning and Parks Departments. Misc. tree monetary appraisals of public and privately owned trees, 1984 - 1990'5. • Fitzsimmons, Saratoga, California. 7/Ol . Monetary evaluation of large oak tree on historic property that was killed due to root severance from construction on an adjacent property. REVEGETATION • Gallaway & Co, Sacramento (developer). Native protection &revegetation for proposed septic field and tanks in Santa Cruz mountains, 1998. • Heid, Jeff (Landscape Architect) co-consultation with Santa Clara County & Corps. of Engineers re revegetation of creekside watershed area, San Jose. • Brunette (private landowner), La Honda. Revegetation appraisal & specifications for illegal roadcut, 1998. • Santa Clara Valley Water District. Protection of heritage oak tree &revegetation at border of private/watershed property, 1997. • Reiser (private landowner), Saratoga. Erosion control &revegetation of hillside damaged by arson fire. • Golden Associates (Landscape Architects). 2001 Fort Ord Reuse Authority & the City of Marina, CA. Reclamation of old Fort Ord property and landscaping of roadsides with new vegetation, primarily native coastal scrub species. TREE SURVEYS. TREE PROTECTION SPECIFICATIONS 8 SUPERVISION • Light Rail Project, Santa Clara Valley Transit Authority. Contracts w/ architectural firms Ruth & Going, Inc. and Sugimura Associates (General & Landscape Architects). Tree surveys, Arborist Report, recommendations, planning for future use on the Tasman, Tasman East and Vasona sections of the light rail extension. 1999 through 2000. • Saratoga Union School District, Saratoga Elementary School. Historic tree preservation & tree issues on district property, ongoing since 9/98. Also hazard tree evaluation & recommendations relative to construction at Saratoga and Redwood Schools, ongoing since 1998. • Villa Montalvo Historic Center for the Arts, Saratoga. Tree surveys, assistance in design phase, implementation & supervision of tree protection (1) arboretum renovation pathway project (1990), (2) artist residency project 2000, and miscellaneous tree & landscape problem solving since 1990. • Royston Hanamoto Alley & Abbey (General & Landscape Architects, Mill Valley CA). Netscape (Mtn. View), Santo Clara Civic Center, St. James Park Master plan (San Jose) & various projects, ongoing since 1998. D. Ellis CV, 1 /2002 TREE SURVEYS TREE PROTECTION SPECIFICATIONS & SUPERVISION (continued) • City of Cupertino Protection Specifications & supervision -- 1992-2000 (ongoing contract). Public Works Department. Senior Center & City Hall expansions -effect, Tree • Santa Clara County Parks Dept. Rancho San Antonio County Park. Evaluation & recommendations for National Co-Champion Calif. Boy Tree, 7/2000. • Keenan/Lovewell Ventures. Tree surveys, Arborist Reports, Tree Protection Specifications & tree protection supervision & documentation - Netscape, Veritas campuses, Mtn. View. Ongoing projects since 1996. • Lauderbaugh/Hill Landscape Architects. Arborist Reports and Tree Protection Specifications for various projects since 1999 such as Synopsis campus, San Jose (2000), O'Connor Hospital Emergency Room expansion (2001), VTA Cerone Facility renovation (2001), Shane Company (1999), Stevens Creek Trail Recreation Path (1999). • Town of Los Gatos, California. Town Arborist since 10/Ol . Review of all development plants regarding tree issues, tree preservation & tree removals, revision of heritage tree ordinance and hillside development standards, landscape plans for new developments, special assignments in tree and landscape as needed. PROBLEM DIAGNOSIS (PATHOLOGICAL ENTOMOLOGICAL OR ABIOTIC (NON-INFECTIOUSI • Crystal Springs Landscape (Landscape Maintenance Contractors) ongoing diagnostic work at .various sites sirice 1998. • San Francisco Forty-Niners Training Camp, Santa Clara CA. Shrub and tree decline diagnosis and recommendations. 1997. • Perrucci (private individual), Los Gatos. Diagnosis and recommendations re decline of extensive and valuable bonsai collection. 1999. • Hamilton Management Associates (property managers), Camden Park Shopping Center, Campbell. Comprehensive review and disease management program for 60 palm trees & ongoing monitoring since 1998. • Levi Strauss/Haas Estate, Woodside, Calif. 1999. Diagnosis & recommendations for large-scale. groundcover planting decline. • Kilroy Pest Control. Investigation of death of large groundcover planting related to possible herbicide toxicity, 1998. • Bullene Landscape. 2000. Screen tree and other planting in high-saline, problematic soils at RMC Pacific Materials in Redwood Shores. • EnviroScopes Landscape Maintenance Company, Fremont, California. Large multi-residence and single-family resident housing development accounts. Various projects concerning trees in Fremont and other San Francisco Bay Areas cities since 1 / 2001. • Chadwick, James. Landscape Architect. Plant problem diagnosis at client's properties in Atherton & Los Altos. 2001. • Santa Clara County Parks Dept. Mt. Madonna County Park tanoak death epidemic investigation and recommendations for further study. 7-8/2001. • The Portico Group, Seattle, WA. Kelley Park Master plan Development, San Jose. 2001-2002. Consulting Arborist & Horticulturist for the project. GENERAL TREE & HORTICULTURAL CONSULTING • City of Los Gatos, Calif. Consulting Arborist to the City of Los Gatos. (A municipal appointment for all development projects, heritage tree ordinance, and general tree & landscape consulting. Oct. 2001. • Toyon Farm Homeowner's Association (ongoing since 1986), Los Altos. Tree & landscape evaluation & recommendations for a townhouse complex. General tree and landscape analysis & recommendations. D. Ellis CV, 1 /2002 GENERAL TREE 8 HORTICULTURAL CONSULTING (continued) • Mountain View Parks & Planning Departments. General tree and landscape analysis & recommendations hazard tree evaluations. • Heid, Jeff (Landscape Architect) re commercial & residential projects -miscellaneous cases since 1992. • Santa Clora Unified School district, Santa Clara County GSA Program (various projects at county facilities since 1992), Santa Clara County Parks Dept. Co-champion California bay Tree Evaluation & Recommendations for Preservation, Rancho San Antonio County Park, Los Altos, CA. • Santa Clara County Parks Department. Various projects since 1999 at Rancho San Antonio Park, Los Altos, Sanborn/Skyline Park in Saratoga and Mt. Madonna Parkin Watsonville. • Rosenberg, Michael (Landscape Architect) General tree and landscape analysis & recommendations since 1996. • Hoagland, Tim Hoag-Land Design (Landscape Architect, Los Gatos). Tree and landscape evaluation and problem diagnosis on various landscape architecture projects in the south bay area. LEGAL CASES • Orlondi vs. Saberi, San Jose. Tree damage civil case, including deposition for plaintiff, • Miner vs. Tobias, Santa Cruz. Legal dispute relative to trees between neighbors, for defendant. • Dougherty vs. Heacock, San Jose. Tree damage civil case, including deposition, for plaintiff. 1998- 1999. • Wyndham Oaks, San Jose CA. Century Indemnity Co. & Ross Adkins, Attorneys for plaintiff. Site drainage preliminary lawsuit. • Shimado vs. Pizazz Printing. Commercial property eviction case, for plaintiff, 10/2000. TREE HAZARD EVALUATION • Foothill/DeAnza & West Valley College Districts. Hazard tree evaluation at Foothill College & West Valley colleges; 1998. • Borelli Investment Co., San Jose. Tree hazard evaluation at various commercial properties, ongoing since 1998. • Fidelity National Title Company, San Jose. Inspection of existing trees on property in Redwood City Hills, as a part of buyer escrow inspections prior to purchase of property, 1999. • Coates & Sowards (Property Managers). Corf Furniture, San Jose -branch failures of pines - diagnosis & recommendations. 1999. • Santa Clara County Parks Department. Mt. Madonna County Park, 6/2001. Investigation of tan oak & madrone decline & failures in campgrounds, hazard evaluation and removal of hazard trees in campgrounds & other high-use areas. • Santa Clara County Parks Dept. Mt. Madonna County Park tanoak death epidemic hazard tree population sampling study to develop budget for hazard tree removals, 7-8/2001. INSURANCE CASES • CSAA Inter-Insurance Bureau. Ongoing controct: claims concerning trees & vegetation. South San Francisco Bay Area 1997-2000 ongoing controct. • Gallagher/Bassett Insurance Company. Tree Service damage to existing trees at private residence, Carmel, 1999. • Szabo (homeowners), Atherton, 1999. Diagnosis of cause of decline of large oak tree relative to dispute between insurance companies. • Hoge Fenton Jones & Appel, San Jose, attorney's for defendant's insurance co. McAffee vs. Darke Vegetation damage case, Santa Cruz 2000. ARBOR RESOURCES J'20fE11L0n4L ur2602[C 11 et LL20e eOnlLLetin9 & ~2EE C..Q2E PROPOSAL TO PROVIDE CITY ARBORIST SERVICES TO THE CITY OF SARATOGA, CALIFORNIA Submitted to: Mr. Thomas Sullivan, AICP Director of Community Development City of Sazatoga 13777 Fruitvale Avenue Saratoga, CA 95070 Submitted by: David L. Babby, RCA Registered Consulting Arborist #399 Certified Arborist #WE-9001A (650)654-3351 August 1, 2002 C _J P.O. Box 25295, San Mateo, California 94402 Email: arborresources@earthlink.net Phone: 650.654.3351 Fax: 650.654.3352 Licensed Contractor #796763 ARBOR RESOURCES J'20fE33t02QC c..iT2UORlC LLLI'LL20.L C-On34CEtny & rJ2EE (: Q4E August 1, 2002 Mr. Thomas Sullivan, AICP Director of Community Development City of Saratoga 13777 Ptuitvale Avenue Saratoga, CA 95070 RE: City Arborist Position for the City of Saratoga Dear Mr. Sullivan: Arbor Resources is pleased to submit five copies of the enclosed proposal to provide City Arborist Services for the City of Saratoga. This proposal is submitted in response to your request for proposal with a deadline date of August 23, 2002. The proposal reflects our understanding of the City of Saratoga's requirements for the City Arborist and our ability to fulfill those requirements. Our objectives entail satisfying the time frame requirements and providing the City of Saratoga decision-makers and all interested parties with full information regarding tree protection, impacts of development, bond value and replacement plantings. To accomplish these objectives, I will be serving as the consulting azborist. Through my relevant experience and qualifications, the City of Saratoga is ensured to retain a professional City Arborist that can successfully complete all projects within the time frames requested. Along with my staff, I look forward to the opportunity to serve as the City Arborist. Tf you have any questions regarding this proposal, please do not hesitate to contact my office. Sincerely, ~/ ^~ . David/L/.Babby ~tCA Registered Consulting Arborist #399 Certified Arborist #WE-4001A Enclosures: Proposal (five copies) PRO/Sar2 P.O. Box 25295, San Mateo, California 94402 • Email: arborresources@earthlink.net Phone: 650.654.335] Fax: 650.654.3352 • Licensed Contractor #796763 David L. Bobby, Registered Consulting Arborist August 1, 2002 TABLE OF CONTENTS • SECTION PAGE 1.0 INTRODUCTION .................................................................. 1 2.0 SUMMARY OF QUALIFICATIONS ........................................... 1 3.0 SCOPE OF WORK ................................................................. 2 4.0 FEE SCHEDULE ................................................................... 4 5.0 TIME ESTIMATE .................................................................. 5 6.0 ORGANIZATAION ................................................................ 5 7.0 REFERENCES ........................................................................ 6 8.0 CORRESPONDENCE INFORMATION ........................................ 7 9.0 CONCLUDING REMARKS ...................................................... 7 APPENDIX A: CURRICULUM VITAE ........................................:............ 8 APPENDIX B: REPORT OUTLINE .......................................................... I4 APPENDIX C: TERMS AND LIMITING CONDITIONS ................................. I6 APPENDIX D: SAMPLE REPORT .......................................................... 18 LIST OF TABLES TABLE PAGE 1. Time Estimate Sheet ................................................................ 5 \J David L. Babby, Registered Consulting Arboris[ August 1, 1002 1.0 INTRODUCTION This proposal reflects Arbor Resowce's understanding of the City Arborist position for the City of Sazatoga. We are astate-licensed azboricultwa] consulting firm that serves municipalities, various businesses and residential customers. We are committed to professional standards and being reliable, highly respected and knowledgeable. Furthermore, we aze dedicated to providing accwate findings and recommendations consistent with the latest azboricultwa] information and practices. David L. Babby, the firm's owner and principal consulting azborist, will serve as the consulting arborist and will fulfill the City Arborist job duties in a reliable and professional manner. Should Mr. Gabby be awarded the contract, he will discontinue serving all cliental, including developers, homeowners, architects, etc., that have projects within the city limits of Sazatoga. This would continue through the life of the contract with the purpose of avoiding a conflict of interest and maintaining objectivity with his opinions and judgments at all times. . 2.0 SUMMARY OF QUALIFICATIONS Mr. Babby has been involved in the study of trees for over twelve years and has held various positions within the azboricultwe and forestry consulting industry. He specializes in preparing deve]opment impact reports, overseeing development projects, diagnosing tree conditions, providing appraisal and loss reports, implementing and managing tree service contracts, and preparing wban forestry management plans. Mr. Babby is an International Society of Arboriculture Certified Arborist and a Registered Consulting Arborist of the American Society of Consulting Arborists. He holds a Bachelor. of Science Degree in Forestry and Natural Resowces Management from California Polytechnic State University, San Luis Obispo, and is astate-licensed contractor. He cun•ently serves as a Town Arborist for the Town of Los Gatos, consults for the City of Palo Alto on various development projects, and prepazes development impact reports on a regular basis. Mr. Babby is a current member of the International Society of Arboricultwe, National Arborist Association and the American Society of Consulting Arborists. Please refer to his curriculum vitae presented in Appendix A for additional information regarding his experience and qualifications. Proposal to Provide Ciry Arborist Services to the City of Saratoga Page I Mr. Thomas Sullivan, Ciry ofSaratoga David L. Babby, Registered Consulting Arborist August 1, 2002 A sample report prepared by him is also presented in Appendix D. This report reviews the • room addition and remodel of asingle-family residence located within the limits of the City of Saratoga, California. An additional sample report can also be viewed within our initial proposal dated February 7, 2002. This report reviews the development of a single- family residence located within the limits of the City of Palo Alto, Califomia. 3.0 SCOPE OF WORK The scope of work presented in the request for proposal has been categorized into five sepazate assignments. Below each assignment aze the methods and principles David will use to accomplish them. Assignment 1. Conduct site investigations and prepaze a written report (electronic version preferred) within two-weeks of referral. • Site investigations will include establishing an inventory of all ordinance-sized trees located on the property. This inventory will include identifying the location of species of each tree, evaluating the health and structural condition, measuring trunk diameter at 24- and 54-inches above grade, and estimating tree height and canopy spread. Photographs could also be provided to establish a visual record that . can be used for current and future assessments. • An electronic and hazd copy version of the report will be submitted within two- . weeks of referral. The electronic version will be submitted on a compact disk or as otherwise agreed upon. For the hard copy, the text, tables, charts and illustrations will be presented on 8 ''/Z- by I 1-inch vertical sheets with 11- by 17-inch sheets for the map (size of map is upon your request). The report will comply with those standazds established by the International Society of Arboriculture and the American Society of Consulting Arborists. I have enclosed a tentative outline for the reports and it is presented in Appendix B. • The report will be submitted within two-weeks from when Arbor Resources receives the necessary development plans. Assignment 2. Review development proposals and make cleaz and concise recommendations regarding changes to the development to protect trees. • All development proposals will be reviewed prior to, during and after performing site inspections. All available plans proposed for a project should be submitted to our office in order to properly evaluate each potential impact. This includes the Existing Site Plan, Proposed Site Plan, Demolition Plan, Grading Plan, Utility Plan, Elevation Plan, Drainage Plan, Landscape Plan, Foundation Plan, and any other . maps or documents relevant to the project. Proposal to Provide City Arborist Services to the City of Saratoga Page 2 Mr. Thomas Sullivan, City of Saratoga David L. Bobby, Registered ConsultingArborist August 1, 2002 • Recommendations will be aimed towazds obtaining a high assurance of survival for trees being retained. All recommendations will be specific and comply with standazds accepted and practiced in the azboricultural industry. Assignment 3. The report shall prescribe tree bond values, tree protective fencing and replacement plantings. Tree bond values will be established by determining the tree's appraised value using the Guide for Plant Appraisal, 9`" Edition, authored by the Council of Tree and Landscape Appraisers. Tree protection fencing will be drawn on the tree protection map included in the report. It will also be discussed within the recommendations section of the report. Replacement plantings will be suggested to mitigate for trees being removed. The recommended type of tree to install will consist of species native to the City of Sazatoga. The recommended size and amount of trees to install will correlate to the appraised tree value. Assignment 4. Provide support to City Staff on an as needed basis. • David will be available to answer any questions and will provide the appropriate phone numbers so he can be easily contacted by City Staff. He will also be available for periodic meetings with Staff as needed. If possible, please provide a minimum of five business days to schedule one. Assignment 5. Conduct a final site inspection and prepaze a written final inspection report within one-week to advise City Staff regarding the release of bonds. • Upon receiving a request for final inspection, David will conduct the inspection and prepaze a report of his findings and recommendations within one week. He will also advise staff regarding the release of bonds. -. J Proposal to Provide Ciry Arborist Services to the Ciry of Saratoga Page 3 Mr. Thomas Sullivan, Ciry ofSaratoga David L. Babby, Registered Consulting Arborist August /, 2002 4.0 FEE SCHEDULE The below rates are effective as of January 1, 2002. Unless otherwise negotiated, all rates are subject to revision on January 1, 2004. ••• General Services • On-Site Work: $125 per hour (one-hour minimum) • Report Prepazation: $110 per hour • Phone Consultation: $100 per hour • Secretarial Fees: $38 per hour • Travel Time from Belmont (each way): $50 per hour • Litigation and Expert Testimony • Consulting: $160.00 per hour • Depositions: $200.00 per hour • Court Appeazances: $225.00 per hour • Attend Public Hearings: $150 per hour (one-hour minimum) • Soi] and Laboratory Analysis • Tissue and Soil Samples: Rate to be Determined • Arborist Time Billed at Rates under General Services Additional Cost Information • Materials and expenses are billed at approximate cost. • All time is billed in 15-minute increments. • Fees assume atwo-week tumazound for initial site investigations and reports, and a one-week turnazound for final site inspections and reports. Emergency work will be invoiced at 150% of the above rates. • Arbor Resources reserves the right to invoice our current rates for all time spent after our assignment has been completed. Terms of Payment Payment for services rendered is due within 30-days from date of invoice. Late payments may be subject to a 1.5% per month additional charge. Returned checks aze subject to a $25.00 charge. - J Proposal [o Provide Ciry Arborist Services to the Ciry of Saratoga Page 4 Mr. Thomas Sullivan, Crry of Saratoga David L. Babby, Registered Consulting Arborist August 1. 2002 5.0 TIME ESTIMATE The estimated number of hours to review development proposals, conduct site investigations and prepare reports is presented in Table 1 below. This time estimate is based on our present understanding of the scope of work. Modifications to the scope of work could result in alterations to the time estimate. Variables which would affect the amount of hours include the total number and size of trees, terrain, access to property, report delivery and amount of development activities surrounding the trees. Table 1. Time Estimate Sheet Estimated Staff Hours Review ESTIMATED Number Development Conduct Site Prepare Drive TOTAL of Trees Pro osals Investi ation Re ort Secretarial Time HOURS 1 0.5 1 2 2 1 6.5 2to5 1 1 3 2 1 8 6 to 10 2 3 4 3 1 13 11 to 20 3 4 6 4 1 18 21 to 50 4 6 8 6 2 26 51 to 100 6 12 12 8 3 41 101 to 200 8 16 16 12 4 56 6.0 ORGANIZATION The use of sub-consultants and/or staff to perform the duties of the City Arborist is not foreseen at this time. Our company is structured in such a manner that Mr. Babby can perform all duties of the City Arborist with support from office staff. Should the need arise for an additional consultants, their background and qualifications will be submitted to the City. Only highly qualified Certified Arborists and/or Registered Consulting Arborists will be retained to prepare reports and conduct site investigations. All work would be performed under Mr. Babby's supervision. Proposal ro Provide City Arborist Services to the Ciry of Saratoga Page 5 Mr. Thomas Sullivan, Ciry of Saratoga David L. Babby, Registered Consulting Arborist August 1, 2002 7.0 REFERENCES The following individuals should be contacted as references for the capabilities and qualifications of David Babby: • Mr. Dave Dockter, Planning Arborist Department of Planning and Community Environment City of Palo Alto 250 Hamilton Avenue Palo Alto, CA 94301 650/617-3145 Mr. Dockter serves as the Flanning Arborist for the City of Palo Alto. He reviews al] reports Mr. Babby prepares for the City of Palo Alto and clients within the City limits of Palo Alto. These reports include monthly inspections of on-going development projects, assessment of development impacts, appraisals, and review of the trees' conditions. Mr. Dockter also oversees consulting work Mr. Babby provides to the City. • Mr. Barrie D. Coate, Consulting Arborist Barrie D. Coate and Associates 23535 Summit Road Los Gatos, CA 95033 408/353-1052 Mr. Coate has retained Mr. Babby on several occasions to provide consulting services for his company, Barrie D. Coate and Associates. As City Arborist for the City of Saratoga, Mr. Coate also reviews on-going monthly inspection reports prepazed by Mr. Babby for projects within the City limits of Sazatoga. • Mr. William D. Friedmann, Consulting Arborist 364 Pinecrest Lane Sandpoint, ID 83864 208/265-0299 Mr. Friedmann is the past owner of a successful, San Jose based tree company named Corporate & Commercial Services, Inc. He also served as a business partner of Arbor Resources up until the yeaz 2000, at which time he moved to Idaho. Mr. Babby has worked closely with Mr. Friedmann since 1998 and consults with him on a regular basis. CJ Proposal to Provide City Arborist Services to the Ciry of Saratoga Page 6 Mr. Thomas Sullivan, Ciry of Saratoga David L.,Babby, Registered Consulting Arborist August 1, 2002 8.0 CORRESPONDENCE INFORMATION All correspondences should be directed to the following: David L. Bobby Arbor Resources P.O. Box 25295 San Mateo, CA 94402 Telephone: 650/654-3351 Fax: 650/654-3352 Email: azbornesources@earthlink.net 9.0 CONCLUDING REMARKS Prices remain valid for 60-days. Arbor Resource's liability, including indemnification, is hereby limited to the specific conditions, limits, and sublimity of our insurance policies, as well as, our Terms and Limiting Conditions form presented in Appendix C. The parties agree that the owner's right to indemnification by the contractor shall be limited to any and all claims, damages, losses, costs and expenses which are attributable to the negligent acts of Arbor Resources, solely related to the work described in this proposal. The owner's right to indemnify shall not extend, for example, the failure to discover any dangerous condition otherwise on the owner's property but not part of or related to the particulaz work presented in this proposal. We look forward to the opportunity to participate in this project. If you have any questions concerning this proposal or related matters, please do not hesitate to call our office. Prepared By: ~(/ ~ Date: ~ / DL Approved By: Date: Proposal to Provide City Arborist Services to the City of Saratoga Page 7 Mr. Thomas Sullivan, City of Saratoga David L. Bobby, Registered Consuitrng Arborist August 1, 2002 APPENDIX A: CURRICULUM VITAE Proposal to Provide City Arborist Services to the City of Saratoga Page 8 Mr. Thomas Sullivan, Ciry ofSara[oga ARBOR RESOURCES ~aofES~~onar ~2coz«uetu;ae eoa~uet:n9 ~ ~JRE~ e44~ DAVID L. BABBY, RCA Registered Consulting Arborist #399 CertifzedArborist #WE-4001A Profession: Arboricultural Consultant Date: August 2002 SUMMARY OF QUALIFICATIONS Mr. Babby has been involved in the study of trees for over twelve yeazs and has held various positions within the arboriculture and forestry consulting industry. He is the principal consulting arborist and owner of astate-licensed and professional azboricultwal consulting firm named Arbor Resources. His company has over 32 years of cumulative experience and specializes in preparing azborist reports, reviewing and overseeing development projects, providing appraisal and loss reports, evaluating and diagnosing tree conditions, and creating urban forestry management plans. • Mr. Babby is a Registered Member of the American Society of Consulting Arborists and an International Society of Arboriculture Certified Arborist. He holds a Bachelor of Science Degree in Forestry and Natural Resources Management from Califomia Polytechnic State University, San Luis Obispo and is a California Licensed Tree Service Contractor. EDUCATION June 1995 Bachelor of Science Degree in Forestry and Natural Resources Concentration: Environmental Management California Polytechnic State University San Luis Obispo, California CERTIFICATIONS AND LICF.NSURE American Society of Consulting Arborists Registered Member #399 International Society of Arboriculture Certified Arborist #WE-4001A California Licensed Tree Service Contractor #796763 P.O. Box 25295. San Mateo, California 94402 • Email: arborresources@earthlink.net Phone: 650.654.3351 • Fax: 650.654.3352 Licensed Contractor #796763 w ^ARBOR__gqRyy ESOURCES pp ((~~ nn J'40fE33QOYt Oe Or2UO2LCLLet LLR4e eon3LLe,<C 12 (~ O :/tEE CaQE David L. Babby August 2002 page 2 PROFESSIONAL EXPERIENCE 2000 to Present Arbor Resources Principal Consulting Arborist/Owner San Mateo, California Duties: Provide professional azboricultural consulting services to various private and public organizations. 1998 to 2000 TruGreen LandCaze/Corporate & Commercial Services, Inc. Tree Division Manager and Consulting Arborist San Jose, Sacramento and Santa Rosa; Califomia Duties: Served as consulting azborist and managed all aspects of sales, operations and budgets. Recruited and trained new employees. 1997 Professional Forestry Services, Inc./Croman Corporation Forestry Consultant • Mendocino and Sierra Counties, California Duties: Prepazed Timber Harvesting Plans and amendments, prescribed harvesting methods, determined timber volumes and wetland locations, evaluated watershed and landslide impacts, informed client of rules and regulations, supervised contractors, and conducted pre-harvest inspections. 1996 to l 997 Pacific, Gas and Electric for Environmental Consultants, Inc. Vegetation Management Specialist and Consulting Arborist Mendocino, Lake and Sonoma Counties; California Duties: Prescribed azboricultural pruning standards, monitored contract specifications, managed herbicide application program, facilitated new employee training and resolved dispute cases. 1995 to 1996 United States Forest Service Timber Sales Administration Assistant and Hydrologic Technician Tahoe National Forest, California Duties: Assisted in managing timber sale and harvest activities occurring on federal lands. Evaluated hydrologic data and obtained stream flow measurements. P.O. Box 25295, San Mateo, California 94402 Email: arborresources@earthlink.net Phone: 650.654.3351 • Fax: 650.654.3352 • Licensed Contractor #796763 ARBOR RESOURCES J"40fESSLOR6e OrYbOZiCLLeI'LL 24e eoR3LLet;.LL9 O VSEE 044E • David L. Babby August 2002 page 3 PROFESSIONAL EXPERIENCE (continued) 1994 to 1995 California Regional Water Quality Control Boazd Timber Harvest Activities Regulator San Luis Obispo and Santa Cruz, California Duties: Reviewed and inspected timber harvest activities for water quality control purposes. Researched beneficial uses of inland surface waters and submitted report for purpose of updating region 3 Basin Plan. RELATED CONSULTING PROJECTS Current Town of Los Gatos, California Consulting Arborist/Town Arborist David serves as a Town Arborist for Los Gatos and provides consulting services to the Community Development Department. He reviews, analyzes, and comments on development project plans; prepares technical analyses and reports; conducts peer review of outside azborist reports; and attends public meetings. 2001 to Current City of Palo Alto, California Consulting Arborist David provides consulting services to the City of Palo Alto's Department of Planning and Community Environment for various City development projects. His assignments include establishing tree inventories, evaluating tree conditions, reviewing potential development impacts, preparing maps, and recommending mitigation measures. 2000 to 2002 City of Campbell, California Consulting Arborist David provided consulting services to the City of Campbell's Public Works Department. This included evaluating demolition and construction activities occumng within close proximity of trees and providing recommendations to mitigate damage. P.O. Box 25295, San Mateo, California 94402 Email: arborresources@earthlink.net Phone: 650.654.3351 • Fax: 650.654.3352 • Licensed Contractor #796763 _. ARBOR qRy ESOL[RCES q J'40IE 31l OI2QL OTZUOZIQLLeELLSQe e0I21LLLE~n9 fi rJSEE (:04E David L. Babby • August 2002 page 4 RELATED CONSULTING PROJECTS (continued) 1998 to Present Alta Vista and Williams Avenue, Sazatoga Project Arborist David oversees and evaluates all development activities to achieve preservation of approximately 80 ordinance-sized trees located on the property. 2000 to Present 14221 Sazatoga-Sunnyvale Road, Saratoga Project Arborist David has overseen and evaluated all development activities to achieve protection of approximately 90 ordinance-sized trees. An inventory and development impact report was also prepazed for this client prior to commencing activities. 2000 to Present 18500 Twin Creeks Road, Monte Sereno Consulting Arborist David evaluates all construction and landscape activities in order to help protect approximately 160 trees located throughout this elaborate residential property. 2000 to Present GK Builders, Palo Alto Project Arborist David has prepazed development impact reports of single-family residence developments for this client. He also currently oversees development activities and advises client and City of Palo Alto in the protection of existing Oaks and Redwoods. PROFESSIONAL American Society of Consulting Arborists International Society of Arboriculture National Arborist Association P.O. Box 25295, San Mateo, California 94402 • Email: arborresources@earthlink.net Phone: 650.654.3351 • Fax: 650.654.3352 • Licensed Contractor #796763 ARBOR RESOURCES J'40fE3~[OIIQL G/T 41104iC4et LLiQe eOhlLLefihC U VSEE C:64E David L. Babby August 2002 page 5 PROFESSIONAL SERVICE 1994 to 1995 President Xi Sigma Pi Forestry Honor Society San Luis Obispo Chapter REFERENCES The following individuals should be contacted as references for the capabilities and qualifications of David Babby: • Mr. Dave Dockter, Planning Arborist Department of Planning and Community Environment City of Palo Alto 250 Hamilton Avenue Palo Alto, CA 94301 650/617-3145 • Mr. Barrie D. Coate, Consulting Arborist Barrie D. Coate and Associates 23535 Summit Road Los Gatos, CA 95033 408/353-1052 • Mr. William D. Friedmann, Consulting Arborist 364 Pinecrest Lane Sandpoint, ID 83864 208/265-0299 P.O. Box 25295; San Mateo, California 94402 • Email: arborresources@earthlink.net Phone: 650.654.3351 • Fax: 650.654.3352 • Licensed Contractor #796763 David L. Bobby, Registered Consulting Arborist August 1, 2002 APPENDIX B: REPORT OUTLINE u Proposal to Arovide Ciry Arborist Services to the City of Saratoga page 19 Mr. Thomas Sullivan, Ciry of Saratoga David L. Babby, Registered ConsultingArborist August 1, 2002 REPORT OUTLINE FOR DEVELOPMENT IMPACT REPORTS FOR THE CITY OF SARATOGA SECTION LIST OF TABLES AND APPENDICES SUMMARY I.0 2.0 3.0 4.0 5.0 6.0 7.0 INTRODUCTION OBSERVATIONS REVIEW OF DEVELOPMENT IMPACTS TREE APPRAISAL AND BOND VALUES RECOMMENDATIONS ASSUMPTIONS AND LIMITING CONDITIONS LETTER OF CERTIFICATION APPENDLY A: TREE INVENTORY SPREADSHEET APPENDIX B: TREE PROTECTION PLAN Proposal to Provide Ciry Arborist Services to the Ciry of Saratoga Mr. Thomas Sullivan, City of Saratoga David L. Babby, Registered Consulting Arborist August 1; 2002 APPENDIX C: TERMS AND LIMITING CONDITIONS u Proposal to Provide City Arborist Services to the Ciry of Saratoga Page 76 Mr. Thomas Sullivan, City ofSara[oga ARBOR RESOURCES ~ZOfE31i0 YLOG c./rZUOZICLLLELL4QC 0.025 LLLtQ20 U J4E£ 0114E TERMS ANA LIMITING CONDITIONS ]. All information provided by Arbor Resources covers only those items that were examined and reflects the condition of those items at the time of inspection. 2. Arbor Resources cannot provide a guarantee or warranty, expressed or implied, that deficiencies or problems of the trees, plants, or property in question may not arise in the future. 3. Arbor Resources assumes no responsibility for the means and methods used by any person or company implementing our recommendations. 4. No assurance can be offered that if all the provided recommendations and precautionary measures (verbally or in writing) aze accepted and followed, that the desired results may be achieved. 5. It is assumed that the property where the inspection or evaluation occurs is not in violation of any applicable ordinances, codes, statutes or other governmental regulations. 6. All information received from the client and/or reliable sources is assumed to be correct. Arbor Resources cannot guarantee or be responsible for the accuracy of the information provided by others. 7. The consultant/appraiser shall not be required to attend court or give testimony by reason of information provided unless subsequent written arrangements are made, including payment of an additional fee for such services. 8, Unless otherwise stated, the inspection is limited to visual examination without probing, coring, dissecting or excavating. Arbor Resources cannot, in any way, assume responsibility for any defects which could only have been discovered by performing the mentioned services. '~.. ,~ 9. Arbor Resources shall not be held liable for any underground utilities (gas, water, ~- cable, electrical, etc.) damaged during excavations, inspections, stump grinding, tracing of surface roots or installation of plant materials. Arbor Resources liability, including indemnification, is hereby limited to the specific conditions, limits, and sublimity of our insurance policies. ] 0. The information provided by Arbor Resources represents the opinion of the consultanUappraiser and the consultanUappraiser's fee is in no way contingent upon the reporting of a specified finding, conclusion or value. P.O. Box 25295, San Mateo, California 94402 • Email: arborresources@earthlink.net Phone: 650.654.3351 • Fax: 650.654.3352 • Licensed Contractor #796763 David L. Babby, Registered Consuiring Arborist August 1, 2002 APPENDIX D: SAMPLE REPORT Proposal to Provide Ciry Arborrst Services to the Ciry of Saratoga Page I8 Mr. Thomas Sullivan, City of Saratoga ARBOR RESOURCES J"40 fE11LOILQL CJr3U02GCllLtLL 2q,e eOh3LLLtEKO GT JiEE CCQCE lJ A TREE INVENTORY AND REVIEW OF THE DEVELOPMENT PLANS FOR THE DEFRANK, RESIDENCE 19045 BROOKVIEW DRIVE SARATOGA, CALIFORNIA 95070-3419 Submitted to: Mr. Mario Trujillo Vintage Builders 695-A McGlincey Lane Campbell, CA 95008-5006 Prepared by: David L. Babby, RCA Registered Consulting Arborist #399 Certified Arborist #WE-4001A Plan Received: July 23, 2002 Site Inspected: July 23, 2002 Report Submitted: July 24, 2002 . Project No. VB.Def.01 P.O. Box 25295, San Mateo, Ca]ifornia 94402 • Email: arborresources@earthlink,net Phone: 650.654.3351 • Fax: 650.654.3352 • Licensed Contractor #796763 David L. Babby, Registered Consulting Arborist July 24, 2002 COPYRIGHT DECLARATION This report is proprietary to Arbor Resowces and may not be copied or reproduced in whole or part without prior written consent. It has been prepazed for the sole and exclusive use of the parties to who submitted for the purpose of contracting services provided by Arbor Resources. Use for other purposes or by other parties is prohibited. It is agreed that this report along with all copies will be returned to Arbor Resowces upon demand. David L. Bobby, Registered Consulting Arborist July 29, 2002 TABLE OF CONTENTS SECTION TITLE PAGE LIST OF TABLES AND APPENDICES .................................. iii SUMMARY ................................................................... iv 1.0 INTRODUCTION ........................................................... 1 1.1 Assignment and Purpose ............................................... 1 1.2 Use of the Report ....................................................... 1 1.3 Setting ............................................................................. 1 1.4 Scope of Assignment ................................................... 1 1.5 Limits of Assignment .................................................. 2 2.0 TREE CONDITIONS ........................................................ 3 2.1 Tree #I: Deodar Cedar .................................................. 3 2.2 Tree #2: Silk Tree ....................................................... 3 2.3 .Tree #3: Coast Redwood ............................................... 3 2.4 Tree #4: Coast Redwood .............................................. 4 2.5 Tree #5: Coast Redwood ............................................... 4 . 2.6 Tree #6: Deodaz Cedaz ................................................. 4 3.0 REVIEW OF CONSTRUCTION IMPACTS .............................5 4.0 TREE APPRAISAL AND BOND VALUES ............................. 6 4.1 Tree Appraisal ............................................................ 6 4.2 Bond Values .............................................................. 6 5.0 RECOMMENDATIONS ..................................................... 7 5.1 Project Arborist ......................................................... 7 5.2 Tree Protection Fencing ............................................... 7 5.3 Access Route ............................................................ 8 5.4 Root Severance Guidelines ........................................... 8 5.5 Tree Damage Procedures .............................................. 8 5.6 Demolition of Existing Features ...................................... 8 5.7 Grading, Excavation and Soil Fill .................................... 8 5.8 Foundation ................................................................ 9 5.9 Root Zone Protection ................................................... 9 5.10 Utility Installation ....................................................... 9 5.11 Watering ................................................................. 9 5.12 Tree Service Qualifications and Practices ........................... 10 5.13 Landscape Design Guidelines and Considerations ................. 10 5.14 General Construction Guidelines ..................................... 11 ii David L. Babby, Registered Consulting Arborist July 24, 2002 6.0 7.0 8.0 BIBLIOGRAPHY ............................................................ 12 ASSUMPTIONS AND LIMITING CONDITIONS .................... 13 LETTER OF CERTIFICATION ........................................... 14 LIST OF TABLES TABLES HEADING PAGE 3-1 Construction Impact Ratings ................................................. 5 3-2 Table of Impact Intensity .................................................... 5 4-1 Tree Appraisal Values .......................................................... 6 APPENDICES APPENDIX TITLE PAGE A TREE INVENTORY SPREADSHEET .................................... 15 B PHOTOGRAPHS ............................................................. 17 C TREE APPRAISAL WORKSHEETS ..................................... 21 D TREE PROTECTION PLAN ................................................ 28 i CJ iii David L. Babby, Registered Corrsulring Arborist July 24, 2001 SUMMARY At the request of Mr. Mario Trujillo from Vintage Builders, I have inventoried and evaluated trees in connection with the proposed room addition and remodel of the DeFrank Residence located at 19045 Brookview Drive, within the limits of the City of Sazatoga, California. The purpose of this report is to provide an inventory of Ordinance size trees located on and immediately adjacent to the site, present their overall conditions, review anticipated construction impacts, recommend mitigation measures to minimize tree damage, and establish appraisal values. Six trees were inventoried for this report and include two Deodaz Cedars (Cedrus deodara) #1 and 6, one Silk Tree (Albizia julibrissin) #2, and three Coast Redwoods (Sequoia sempervirens) #3, 4 and 5. Trees #1, 2 and 6 aze located on the project site, whereas trees #3, 4 and 5 aze located on the adjacent eastern property. The proposed construction design is anticipated to cause less than minor impacts to trees #1, 3, 4 and 5; minor to moderate impacts to tree #2; and moderate (tolerable) impacts to tree #6. I do believe the trees will survive the project provided the recommendations presented in this report are cazefully followed and incorporated into the project plans. The overall condition of the trees on site appears good. The appraised value of all six trees totals $52,550. The location, number and canopy dimension of each tree, as well as, the tree protection fence location and platform buffer, is identified on the Tree Protection Plan presented in Appendix D. tL J iv David L. Bobby, Registered ConsultingArborist July 24, 2002 1.0 INTRODUCTION 1.1 Assignment and Purpose Mr. Mario Trujillo from Vintage Builders has retained me to prepare this report in connection with the room addition and remodel of the DeFrank Residence located at 19045 Brookview Drive, within the limits of the City of Saratoga, California. The purpose of this report is to provide an inventory of trees located on and immediately adjacent to the site, present their overall conditions, review anticipated construction impacts, recommend mitigation measures to minimize tree damage, and establish appraisal values. 1.2 Use of the Report It is my understanding this report will be used to provide protection for trees on site so a high assurance of their survival can be achieved. 1.3 Setting The site is located along the north side of Brookview Drive and contains an existing 2,426 square-foot single-family residence on flat terrain. The project proposes to add 421 square-feet to the residence along the north and east sides of the home. Trees inventoried for this report aze controlled by the City of Saratoga Ordinance and • include two Deodar Cedars (Cedrus deodara), one Silk Tree (Albizia julibrissin) and three Coast Redwoods (Sequoia sempervirens). The Coast Redwoods are located on the eastern adjacent property, in a row along the project site's eastern fence. The other trees are located on site. 1.4 Scope of Assignment To fulfill the assignment, Iperformed aground-level inspection of each tree located within and immediately adjacent to the proposed construction site. My inspection included evaluating the trees' health and structural conditions as well as insect and disease occurrence. Measurements were obtained and include trunk diameters at 24- and 54- inches above grade,t tree height2 and canopy spread. A summary of my findings for each tree is presented on the Tree Inventory Spreadsheet in Appendix A. Information reviewed for this report includes a Site Plan prepared by ArchiTypes and dated July 11, 2002. All observations and photographs (Appendix B) presented in this report were derived from my site inspection on July 23, 2002. Trunk diameters were measured using a metal diameter tape. 2 A clinometer device was used to measure tree height DeFrank Residence, 19045 Brookview Drive, Saratoga Page 1 of 29 Mr. Mario Trujillo, Vintage Builders David L. Babby, Registered ConsultingArborist Julv 24, 2002 The tree protection fencing and platform buffer locations, as well as, each tree's location, number and canopy dimension, are identified on the Tree Protection Plan presented in Appendix D. This Plan was prepazed by using the Site Plan created by ArchiTypes and provided to me by Vintage Builders. 1.5 Limits of Assignment This report does not include real estate appraisals or real estate assumptions other than those indicated. No outside analyses, investigations or testing was performed or necessary to complete the assignment. Please note trees #4 and 5 are not shown on the plans reviewed. Their approximate locations were added by me and should not be construed as being professionally surveyed. My tree evaluations were performed from the ground only. The root collazs3 were examined visually with no excavation performed. My inspections for the Coast Redwoods #3 through 5 were obtained from the west side of the eastern property fence. As a result, their trunk and distance measurements are a visual estimate. 3 Area at the base of the tree where the roots and stem merge (Matheny and Clark, 1994). DeFrank Residence, 79045 Brookview Drive, Saratoga Page 2 oj29 Mr. Mario Trujillo, Vintage Builders David L. Babbv, Registered ConsultingArborist July 24, 200? 2.0 TREE CONDITIONS 2.1 Tree #1: Deodar Cedar (Cedrus deodara) Location and Measurements This tree has a trunk diameter of 37.8-inches at 24-inches above grade, is 60-feet tall and has a canopy spread averaging 23-feet across. It is located in the front yard and is near the southwest property corner. Its trunk is situated within a planter island comprised of exposed soil and a thin layer of mulch. The existing driveway is approximately 5'/z-feet east from the trunk's base. Overall Condition This tree appears in good to fav health condition and has a normal structure. A lazge wound was observed on the trunks' west side at approximately two-feet from grade. No decay was observed in this wound. 2,2 Tree #2: Silk Tree (Albizia julibrissin) Location and Measurements This tree has a trunk diameter of 18.2-inches at 24-inches above grade, is 30-feet tall and has an approximate canopy spread of 48-feet. It is also located in the front yard at the Overall Condition This tree appears in good health condition but has only a fair structure. At approximately five-feet above grade, two stems of approximately equal size originate from the main trunk. One grows towards the north and the other towards the south. They have a very close angle of attachment to another, which presents some concern for the tree's long-term stability. To lessen the risk of one of the stems failing, I suggest reducing limb weight throughout the canopy. southeast corner of the existing home. Its trunk is situated approximately 1.8-feet east from the home. 2.3 Tree #3: Coast Redwood (Sequoia sempervirens) Location and Measurements This tree is one of three Redwoods located on the adjacent eastern property whose canopies extend over the project site. It has an estimated trunk diameter of 30-inches at 24-inches above grade, is 70-feet tall and has an approximate canopy spread of 20-feet. Overall Condition The tree appeazs in good health, however, has only a fair structure due to the main trunk separating into two trunks at an estimated eight-feet above grade. DeFrank Residence, 19045 Brookview Drive, Saratoga Page 3 of 29 Mr. Mario Trujillo, Vintage Builders David L. Babby, Registered ConsuJ6ngArborist July 24, 2002 2.4 Tree #4: Coast Redwood (Sequoia sempervirens) Location and Measurements This tree's trunk is an estimated five-feet north of tree #3 and is situated on the adjacent eastern property. The tree has an estimated trunk diameter of 18-inches at 24-inches above grade, is 76-feet tall and has an approximate canopy spread of 15-feet. Overall Condition This tree appears in good health and has a normal structure comprised of one trunk. 2.5 Tree #5: Coast Redwood (Sequoia sempervirens) Location and Measurements This tree's trunk is an estimated six-feet north of tree #4 and is also situated on the adjacent eastern property. The canopy is located beneath high-voltage electrical lines. This tree has an estimated trunk diameter of 16-inches at 24-inches above grade, is 20-feet tall and has an approximate canopy spread of 12-feet. Overall Condition This tree appears in good health. Its structure, however, has been altered due to past pruning performed to obtain sufficient clearance from the high-voltage electrical lines. As a result, it will never achieve a height or width normal for this species. 2.6 Tree #6: Deodar Cedar (Ced'rus deodara) Location and Measurements This tree is ]ocated in the backyard with lawn covering the majority of ground area beneath the canopy. Its trunk's base is situated approximately 20-feet north from the existing home's footprint. The tree has a trunk diameter of 37.5-inches at 24-inches above grade, a height of 70-feet and canopy spread averaging 22-feet across. Overall Condition This tree appears in excellent health condition and has a good to fair structure. L J DeFrank Residence, 19045 Brookview Drive, Saratoga Page 4 of 29 Mr. Mario Trujillo, Vintage Builders David L. Babby, Registered ConsultingArborist July 24, 2002 3.0 REVIEW OF CONSTRUCTION IMPACTS For trees #1, 3, 4 and 5, I anticipate none to minor impacts as the Site Plan indicates construction activities will occur outside their canopies. Construction impacts to tree #2 are anticipated to be minor to moderate and include expanding the home's east side beneath the tree's canopy by approximately 3'/z-feet from the existing footprint. This places the proposed footprint approximately 12-feet from the trunk. I estimate this will affect the tree's total root area by no more than 5- to 10-percent. Tree #6 will be most affected by this construction project. These impacts include (1) the new addition at approximately 13-feet south from the trunk and (2) a concrete landing approximately 22-feet southeast from the trunk. I believe these impacts are tolerable (moderate) and will affect the root zone by 10- to 15-percent. To quantify the anticipated level of construction impacts, I have assigned a rating to each tree. The rating scale is "1" to "5", with "1" being a severe impact and "5" being no impact anticipated. Table 3-1. Construction Impact Ratings 1 Cedrus deodara Deodar Cedar 5 2 Albizia julibrissin Silk Tree 3 3 Sequoia sempetvirens Coast Redwood 4 4 Sequoia sempervirens Coast Redwood 5 5 Sequoia sempervirens Coast Redwood 5 6 Cedrus deodara Deodar Cedar 3 Table 3-2. Table of Impact Intensity 1 0 0% 2 0 0% 3 2 33% 4 1 17% 5 3 50% Total 6 100% DeFrank Residence, 19045 Brookview Drive, Saratoga Page 5 oj29 Mr. Mario Trujillo, Vintage Builders David L. Babbv, Registered ConsuldngArborist July 24, 2002 4.0 TREE APPRAISAL AND BOND VALUES 4.1 Tree Appraisal The appraised tree values were calculated in accordance to the Cruide for Plant Appraisal, 9`h Edition, using the Trunk Formula Method for Northern California, 1992. This method is established by the Western Chapter of the International Society of Arboriculture (ISA) and worksheets used to obtain the values are presented in Appendix C. The table below presents the appraisal values for each tree. Table 4-1. Tree Appraisal Values Cedrus deodara Deodar Cedar 1 $13,800 Albizia julibrissin Silk Tree 2 $3,640 Sequoia sempervirens Coast Redwood 3 $7,800 Sequoia sempervirens Coast Redwood 4 $4,090 Sequoia sempervirens Coast Redwood 5 $1,520 Cedrus deodara Deodar Cedar 6 $21,700 Total $52,550 4.2 Bond Values Trees #1, 3, 4 and 5 are not anticipated to be affected by the construction activities beyond minor levels. The sum of their appraisals equals $27,210. I suggest a 15-percent bond ($4,082) to ensure their protection. Tree #2 has an appraised value of $3,640 and is anticipated to be impacted at minor to moderate levels. I suggest a 25-percent bond ($910) to ensure its protection. Tree #6 has an appraised value of $21,700 and is anticipated to be the most affected tree. I suggest a 30-percent bond ($6,510) to ensure its protection. DeFrank Residence, 19045 Brookview Drive, Saratoga Mr. Mario Trujillo, Vintage Builders Page 6 of 29 David L. Babby, Registered Consulting Arborist Julv 24, 2002 5.0 RECOMMENDATIONS 5.1 Project Arborist a. An ISA Certified Arborist and/or an ASCA" member should be retained to provide regular inspections of the project site. Inspections are suggested every month and should continue through the life of the project. A written summary of pertinent observations and recommendations should coincide with each inspection and be faxed to the City of Saratoga's Director of Community Development at (408) 867-8555. b. The Project Arborist should be contacted at least three business days before commencing development activities. c. The Project Arborist must be retained to monitor work activities occurring within areas closed by protection fencing. 5.2 Tree Protection Fencing a. The single-most important treatment for protecting trees is to install sturdy temporary fencing around root zones prior to development activities occurring on sites For this project, I recommend installing five-foot high chain link fence mounted on two-inch diameter steel posts, driven at least 18-inches into the ground and spaced no more than 12-feet apart. The fencing locations must be established as shown on the Tree Protection Plan presented in Appendix D. b. For the western section of fencing below tree #2's canopy and neaz the front porch, I suggest it is placed no further than eight-feet from the concrete pathway. c. For the northern portion of fencing below tree #1's canopy, I suggest it is placed no further than eight-feet from the existing wooden fence. d. Once established, the fence should remain undisturbed and in place throughout the construction process and until final approval. e. Modifications to the fencing location should be allowed only by the Project and or City Arborist. f. If for any reason, temporary access within the approved fencing location is necessary, the Project and/or City Arborist should be contacted at least 48-hours in advance and informed of the situation. g. All development activities must be conducted outside the fenced areas, to include the storage of materials, vehicle parking, and dumping of concrete or other construction American Society of Consulting Arboris[s s Harris, C1az1S Matheny, 1999. i DeFrank Residence, 19045 Brookview Drive, Saratoga Page 7 of 29 Mr. Mario Trujillo, Vintage Builders David L. Babby, Registered ConsultingArborist July 24, 2002 materials, such as solvents or chemicals. If accidentally spilled, the materials should be immediately removed and disposed of off-site. h. The Project Arborist and/or City of Saratoga should inspect the installation of the fence prior to issuance of a demolition, grading or building permit. If the Project Arborist performs the inspection, a letter verifying the tree conditions and fence installation should be prepared and submitted to the provided to the City of Saratoga's Director of Community Development. 5.3 Access Route a. The route of access to the backyard must be along the home's west side. 5.4 Root Severance Guidelines a. Roots two-inches and greater in diameter that become exposed and/or damaged during the development process, should be cut clean with a hand or chainsaw and, if possible, back to a lateral (side) root. As soon as severance occurs, cover or wrap the root end with a plastic bag secured with tape or rubber band and backfill with soil as soon as possible. This procedure can reduce recovery time and impact on tree health. . 5.5 Tree Damage Procedures a. All mechanical or chemical injuries to the trunk, branches, or roots larger than two- inches in diameter of retained trees should be reported to the Project Arborist as well as the job superintendent or City Arborist. This includes any soil compression accidentally occurring from the operation of heary equipment. Corrective measures will be taken as deemed necessary by the Project and/or City Arborist. 5.6 Demolition of Existing Features a. Any pipes and utilities located below ground and beneath the trees' canopies should be abandoned. If their removal is absolutely necessary, the work must be performed by hand and under the supervision of the Project Arborist. 5.7 Grading, Excavation and Soil Fill a. One of the most important guidelines to follow when constructing near trees is to not disturb the ground surface beneath canopies of preserved trees unless previously authorized. b. The project design must avoid the need for grading and/or surface scraping beneath canopies of retained trees. The only areas which should be disturbed are approved locations of the future expansion. c. Trenches should not be placed beneath canopies of retained trees. DeFrank Residence, 19045 Braokview Drive, Saratoga Page 8 of 29 Mr. Mario Trujillo, Vintage Builders David L. Babby, Registered ConsultingArborist July 24, 2002 d. Any alterations to the natural grade should ensure water drains away from rather than towards trees' trunks. e. No soil should be placed beneath the trees' canopies. 5.8 Foundation a. Digging for the proposed foundations beneath the canopies of trees #2 and 6 must be performed by hand. Tree Severance Guidelines must be used for roots two-inches and greater which require severance. b. All drainage, including roof drains, must be designed to displace water away from retained trees. 5.9 Root Zone Protection a. For soil surface areas beneath the canopies of trees #2 and 6 between the protection fence and foundation, afour-foot wide platform buffer must be installed. This consists of a three- to four-inches layer of coarse wood chips placed on the existing soil surface covered by plywood of approximately 1'/<-inch thick. This plywood should then been be securely fastened to enable a sturdy walking surface. b. A platform buffer must also be placed beneath tree #1's canopy and between the • existing driveway, wooden fence and protection fence. Refer to the Tree Protection Plan in Appendix D to identify the specific locations. b. Any heavy equipment not operating on the existing front driveway must be rubber- tired. 5.10 Utility Installation a. Underground utility installation should be designed outside the trees' canopy edges. Where this is not possible, tunneling by at least 4'/s-feet below ground may be necessary. b. Prior to utility installation, the Project and/or City Arborist must review plans of their proposed location. c. Overhead utilities should be removed and/or routed without causing damage to protected trees. 5.11 Watering a. Plan to provide trees #2 and 6 with supplemental water. The amount and frequency of watering would be determined and modified by the Project and/or City Arborist as needed. A general guideline for the rate of application is 10-gallons per inch of trunk DeFrank Residence, 19045 Brookview Drive, Saratoga Page 9 of 29 Mr. Mario Trujillo, Vintage Builders David L. Babby, Registered ConsultingArborist July 24, 2002 diameterb every two weeks, applied during the dry summer months' and continuing throughout the development period. The water should be applied by soaker hoses placed beneath approximate mid-canopy. The length of time required for application can be determined by testing the output of the soaker hose, which can be done by placing the installed soaker hose inside afive-gallon bucket and monitoring the time it takes to fill. The soaker hose should remain on as long as it takes to provide the necessary water and wet the soil to a depth of 12- to 24-inches. 5.12 Tree Service Qualifications and Practices a. Any pruning services performed before or during the project must be done under the direct supervision of the Project Arborist and not undertaken by construction personnel. The work must comply with the most recent standards established by the International Society of Arboriculture, National Arborist Association and the American National Standards Institute. b. The tree service contractor(s) performing the services should have an active D49 license issued by the Contractors State License Board. I also suggest they be fully insured in liability and workers' compensation. 5.13 Landscape Design Guidelines and Considerations Landscape installation and ongoing maintenance is one of the leading causes for tree decline and death. Many times, trees will survive the construction process but will decline significantly due to landscaping activities. The landscape design for this project should incorporate the following recommendations: a. The ground surface beneath the trees' canopies should remain relatively undisturbed. With the exception of mulch, no more than 20-percent of the total ground area beneath a canopy should contain landscape features (such as walkways, stones/cobbles and landscape structures). b. All new plant material located beneath and within 10-feet of the trees' canopies should be watered by low-volume drip or laser line irrigation, which can be placed on-grade and covered with mulch. c. Irrigation heads should be directed away from all tree trunks, including areas containing lawn. d. Irrigation trenching, if performed, should be outside the canopy edge of each tree. If inside, the trenches should be in a spoke arrangement radiating out from the tree trunk, as spokes on a wheel. This will help minimize root damage by trenching in-line with the natural direction of root growth. Radial trenches should be at least 10-feet apart at s Because of the limited exposed soil surface, this amount may need to be decreased. A dry month can be descnlted as receiving less than one-inch of rainfall. DeFrank Residence, 19045 Brookview Drive, Saratoga Page 10 of 29 Mr. Mario Trujillo, Vintage Builders David L. Babby, Registered ConsulfingArborist July 24, 2002 the canopy perimeter and must not encroach closer to the trunk than five times the • trunk diameter. e. Rototilling beneath tree canopies should be avoided to avoid unnecessary root damage. f. New landscape features should be kept a minimum of five-feet from the trees' trunks. g. To avoid unnecessary root damage, bender board should not be installed beneath the canopies of trees #2 through 6. The location for new bender board beneath tree #1's canopy should be the same as the existing. h. Mulch should be placed no closer than two-feet from any trunk and not exceed four- inches in depth. i. When selecting trees for installation, anticipate their height and spread at maturity. j. Make sure that the tree's requirements are fully recognized during design, construction, installation and maintenance of landscape. 5.14 General Construction Guidelines a. Concrete pumping equipment should be carefully positioned and operated so damage to trees does not occur. Please note that the articulating arm on this equipment can significantly damage trees. b. Do not dump any concrete residue, chemicals, solvents, etc. on-site. If any are accidentally spilled, they should be removed and properly disposed of as soon as possible. c. Tree trunks should not be used as a winch support for moving and lifting large loads. d. Signs, fencing or construction materials should not be attached to trunks of protected trees unless authorized by the Project and/or City Arborist. e. Temporary construction facilities and utilities should not be placed over the exposed ground surface beneath the canopy of any protected tree or in a location that would affect their canopies. DeFrank Residence, 19045 Brookview Drive, Saratoga Page 11 of 29 Mr. Mario Trujillo, Vintage Builders David L. Babbv, Registered ConsultingArborist July 24, 2002 i 6.0 BIBLIOGRAPHI' 1. Council of Tree and Landscape Appraisers. 2000. Guide For Plant Appraisal, 9"' Edition. International Society of Arboriculture. Savoy, Illinois. 2. Hams, R.W., Clazk, J.R., and Matheny, N.P. 1999. Arboriculture: Integrated Management of Landscape Trees, Shrubs, and Vines, Third Edition. Prentice-Hall, Inc. Upper Saddle River, New Jersey. 3. Matheny, N.P. and Clark, 7.R. 1994. Evaluation of Hazard Trees in Urban Areas, Second Edition. International Society of Arboriculture. Urbana, Illinois. DeFrank Residence, 19045 Brookview Drive, Saratoga Mr. Mario Trujillo, Vintage Builders Page 12 of 29 David L. Bobby, Registered ConsullingArborist July 24, 2002 7.0 ASSUMPTIONS AND LIMITING CONDITIONS 1. All information provided by Arbor Resources covers only those items that were examined and reflects the condition of those items at the time of inspection. 2. Unless otherwise stated, the inspection is limited to visual examination of accessible items without probing, coring, dissecting or excavating. Arbor Resources cannot, in any way, assume responsibility for any defects, which could only have been discovered by performing the mentioned services in the specific area(s) where a defect was located. 3. The assignment pertains solely to the trees specified in this report. I hold no opinion towazds other trees on or surrounding the property. 4. Arbor Resources cannot provide a guarantee or warranty, expressed or implied, that deficiencies or problems of the trees, plants, or property in question may not arise in the future. 5. No assurance can be offered that if all the provided recommendations and precautionary measures (verbal or in writing) aze accepted and followed, that the desired results maybe achieved. 6. It is assumed that Ute property where the inspection or evaluation occurs is not in violation of any applicable ordinances, codes, statutes or other governmental regulations. 7. All information received from the client and/or reliable sources is assumed to be correct. Arbor Resources cannot guarantee or be responsible for the accuracy of the information provided by others. 8. Arbor Resources assumes no responsibility for the means and methods used by any person or company implementing the recommendations provided in this report. 9. The consultanUappraiser shall not be required to attend court or give testimony by reason of information provided unless subsequent written arrangements aze made, including payment of an additional fee for such services. 10. Arbor Resources shall not be held liable for any underground utilities (gas, water, cable, electrical, etc.) damaged during excavations, inspections, stump grinding, tracing of surface roots, or installation of plant materials. Arbor Resources liability, including indemnification, is hereby limited to the specific conditions, limits, and sublimits of our insurance policies. 11. The information provided by Arbor Resources represents the opinion of the consultanUappraiser and the consultanUappraiser's fee is in no way contingent upon reporting a specified finding, conclusion, or value. 12. This report is proprietary to Arbor Resources and may not be copied or reproduced in whole or part without prior written consent. It has been prepared for the sole and exclusive use of the parties to whom submitted for the purpose of contracting services provided by Arbor Resources. 13. All photographs, drawings, maps, graphs, etc. in this report aze intended as visual aids and are not necessarily to scale. They shall not be interpreted as engineering surveys or reports. 14. If any part of this report or copy thereof be lost or altered, the entire evaluation/appralsal shall be invalid. DeFrank Residence, 19045 Brookview Driv¢, Saratoga Page 13 of 29 Mr. Mario Trujillo, Vintage Builders David L. $abbv, Registered ConsultingArborist July 24, 2002 8.0 LETTER OF CERTIFICATION I, David L. Babby, state the following to be true and correct: I have personalty evaluated the subject matter discussed in this report and believe the findings, conclusions and recommendations are accurate and best describe the likely outcome. To the best of my knowledge, I certify the information to be true and correct. ^ I have no personal bias or interest with respect to the parties involved, subject matter evaluated or outcome of the report. ^ All material discussed within this report are the opinions of myself and were constnted through the use of commonly accepted and practiced arboricultural standards. ^ My compensation is by no way contingent upon the outcome of findings, values or conclusions presented in my report. ^ I am an ASCA Registered Consulting Arborist #399 and an ISA Certified Arborist #WC-4001. I am also a State of California licensed contractor. I hold a Bachelor's of Science degree in Forestry and Natural Resource Management from California Polytechnic State University, San Luis Obispo, and have been involved in the study of trees for over twelve years. Signed by: //~ " 1 Date: 7 Zy'/`~ Z l~ DeFrank Residence, 19045 $rookview Dave, Saratoga Page 14 of 29 Mr. Mario Trujillo, Vintage Builders David L. Babby, Registered Consuidng Arborist July 24, 2002 APPENDIX A: TREE INVENTORY SPREADSHEET DeFrank Residence, 19045 Brookview Drive, Saratoga Page I S of 29 Mr. Mario Trujillo, Vintage Builders s F w W x A d u W d x s~ ~~ N F` ~~ ~W W H W U ~ ~ ~ tl N O ~ v V W 'N N O s O ~ 0 Qa " 0 O O ~ d O O~ ON M ~D 00 O M ~~, fiM9 fA fi~9 fA O b O W (~ ~ W 0 0 0 o e o v e o M N 00 R O N ~/1 N ~ O O N O N r O O O ao N r ~i7 N ~D v 00 N O O O r 00 O 00 ~D M M Vi V1 VI VI - N V LJ ~ U ~ U ? 0 U Q ~ .h ? ~ o ^~ ~ N~ ~ M~ ~ 7~ ~ M N C C N N a a o a E y ~ ,; a :~~°~ C m ~' q ~ C y c ~ ~ 'i~~ David L. Babby, Registered ConsultingArborist Julv 24, 2002 APPENDIX B: PHOTOGRAPHS • DeFrank Residence, 19045 Brookview Drive, Saratoga Page 17 of 29 Mr. Mario Trujillo, Vintage Builders ~. y -C Q V II d Q U ~` C _ `"'~ N _y b C N CJ N ~. w ti N w .~ C ~_ s a L w Q ~ ¢. Y H N s °' ~J N w O o C a $ ~ C ~ ~ _ O ~ O N ~ ~ Oi i N y Q W m ~ '-' d y G is v ~ ~ Q i 3 m ~ w O Q Q N 1 Y ~ .r 3 ~ c a.~ ~ ~= ti ~ E .~ :~ c d ~' ~, ~ ~ o ~ 'r ^> ~., ~ a !_ w m i ~ ~ ~ S o x a r~ O r~ y ~ •~ M C L ~ ~ a-+ ~ G L W ~ y y ~ ~ ~ 'a. ~ ~ U U W ~ C p, N ty ~ ~ Y y t ~ w 3 ~w ~ •w an ~ o :° ., o v .n a~ :.c ~ [-~ v v v ~ O T O V ~ ~ c..o i 3 _~ ~v L T .Y ~ ~ M .D ~ y N ~ ~ ~ DO E o O C W C C N ~ ~' ~+ .~ Y ~ Q Vi ~ cC p m i ~~ o~ S3. •+ O A ~~ nro O ~'."' o c O °~ r .~ '" a iy. ~ ~ o t ~ ~ ' ~ ~ dti eNa C c M N ~ '^y O ~ e~ ~+ O a ~ ~U mti fs, w O ~. n~ N 5 'o .o Q V Q U w L T U N s ~~ w ~ c c,., ~ O Y 3"'n y 3 s 3 n. o ~n ~ o .~ V Y Q~ Q h ~y s ~ F -°o ~ ~ o c3 Y y a 3 s (N('''!! ~i 0 ~ILr y ~ ~ 4" 3w .~ o ~ T o ~,, ~ o bA ~ ~ .U w °~ a a~i ~ x ~, Y Y N 3 s '~ m ,b ~.~ O -p O ~ Q ~ N_ •~ ..C y E.., ~ 4J h ti O y L p p..c ~., C 1 0 `c c 4 d i 0 0 3 ~~ h ~ o C Q o 'a :` d ~ ~ C d~ ~ -c David L. Babby. Registered ConsultingArborist July 24, 2002 u APPENDIX C: TREE APPRAISAL WORKSHEETS DeFrank Residence, 19045 Brookview Drive, Saratoga Page 21 of 29 Mr. Mario Trujillo, Vintage Builders W N d w ~`1 m ~ i W n r U " ~ ~~` V d M O ~ ~ y W '~ O O tl W ,„ M 0 Q ~ ~~ ~ V c~C V ~ Q Q ~ i n m N Q T w p£ ~ a - m ~ .d v v C O a O v C d ~ ¢ O O . :: . y v u v G Q in .C-~ R' N G~ G~ 6 N O ~ w 2 V ~ z 8 C .~ w~ ~¢ O ° zv ~ .o o v, R c O ~ O ~= H w ~; ~b a t Q w v z (~ F M li O ,J N OD N C v a Q v F v v ~~' U C O O it r N ~ ~ vv'~. N r O V ~ ~ ~ N M~ O N N N N ~ as tt3 64 ~ ~ ° °_-. ~ ~ CC U) ~ ~ M 4SW ~ II II II G_ O 'r c 0 c~ C y~ ~~ V 0 e e ~ M v O ~ h L D < v Q °~ y v ~ O C ~ F "' c ~ r 6Ei w 6 G ~ .L C v v C 6 U v :C ~ ¢' C v y ~ A ~ .o ~ I F ,;; ^ P 'J (C n ~ C, ~ W S C u i w '~ a II ~ ~ N N~ y IL Y A y L' .QJ O C Q m ~ .C ,p •p G ~ v y -~ ~ ~ + v m u a1 c u F u w v v o "~ w w . v . 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V L W ~ Q ~ '~ U 'O ~~ R R j F rX N p c II ~ .-I "pp ~ v v ,v, y 6 [n CJ q v; C W .-7 .p N i. v. iC :~ v u ~ ~ ~ n. a., > ~+ w .. a yu, a„ ° v p 7 .~ 7 ~ o'v R'v ~o o. a .~ a a 'Q ~ ~CWC6 2 N w N d ~ V w w ~.l m C W y U >; " ~ h~ tl ~ / N y W tl O ~ C~ ~ L x ,~ ~ ~ ~ o 0 W cg N O C ~ N N Y ~ ~= , Q > > O :; OJ N W m ~ i L ~~ ~~ a~ ,;~ °Q R ld 4 ¢ y Q J v °' y v GL d c.c".Q~ „rx o `~ ° M a ° ° .. v o ° o o v o ~ c 0 i N r Ci eV c v' ro O O M W W OTC O W ~'V O r N m O v' ~ .--~ I - 63 L 6MR 6NS OMR ~ ~ 4NH u ~ C ... ~ O ~ O (j II ~ I II II I I II I II I M G, H F '^ + ri M c N ^ P C ~ `. O ~ v N y u (~ O .~ Q W C ° C v s 'a . ~ M ~ ~ ~ ~ o ~ V ~ ~ o v ~ 3k u + v o ~ ~ ro ~ o 0 0 . ., vF ~ s ~ ° ono o°o W Q W .~ ~ a ~ ~ tVi .~ N y v O G s G G ~ M .c i m p 4 -~ p C+ ~ U ^ C ~ Q C ~ y '~ ~ u ~ x ~ F u c v ~ 4 ~ m v ~' ~ w y° U ~ ^ ° ~ u n w ~ II ~ i, ~ Y . ~ ~ ~ a' sv. LFi N Gi ~~ Q N V U y U N w+ C ~ O W ^ C 6 m " V d ` O O C ~ ~ F a ~ ~ } = a V ~ C fX ~~' .o m ~ . O v II .~ 1 p ~ u d~ C ¢1 .- .a V~ a a c .. v ~. w ~.y ~~ Y ~ S ' +w d G~ 'D p 7 .V. 7 7 y V / ~ x CCq r", ~CrACC v ~ .~. c~i ri v vi ~ ~ ad c~ David L. gabby, Registered ConsultingArborist July 24, 2002 APPENDIX D: TREE PROTECTION PLAN • • DeFrank Residence, 19045 Brookview Drive, Saratoga Page 28 of 29 Mr. Mario Trujillo, Vintage Builders elwWpeO 'eEque6 ~ S dAl y11H0 /^ - ~3OOYY3tl~4 NOIlIOOb WOOtl ~ ~ a `.l 3JN34IS32i NNtltld30 ~ 3 ~ , S' ~ ,~ ~~3tln ~ ~ ~ ~ P g ~ gg 8 yy yy q y d y% ~ 2 E ~ ~ g4(g a{yC {$r 3 ~ ~.fi~~~~ d~~$y@Y~ E'~ 3 e{fi { i F ~ ~ F ~ a a r r a g ?~~S 'a a r a a r r Y gxr g ~ y ~ P~1 33 33 ~g8 ~~~~ ~dd$5 $ ~ ~ 4 ~ 5,7 ~ ~ F t aJb; p~31 j 1 a 4~ b$ ~ $ ~~Y d C & q qgg yygg ~ 6~8 ~ ¢ p4 S~$ ~9~ ~~ ~~~ g °H~~~3 II~~ .~ .~,~~~ ~~~ p~ S 5 e ... 3 6 M r / ~ i N 9~ __ --_- "y a, - 7 ~ 3' N Y ~ ~ . i 3' \ I ~~ '~~~~ Y ~ T ~ ~ ` ~ ~ J . ~ t ./ ; , ~ W y~ y y ;~ I - _~ ~ yy~' / T 1 ~ ~ \ B ~ ~ ~ T ~ \ B I ~ ~ i T ' 1+1 1 g j\ ~ i gaeY 5~ ~ ice/ ~, ce/ ~ ~\~ ~ i . e n _ - ..... aC~. S_-n- 0 e BI$Pgg t.=~ ~~~~B~kg .. i~ d ~tr3RC a=e F ~; °{6y@65658 p~3~ ~ aV~Bt~9~g EaE 4=~~ n a a ~g64~ ~w== 2 Z `z 0 ~~ 6 F ti n QY ~ ~ Y B gg 9 ~ 1 1 I 1 F 1 - 1 i >t i aNQ Y O O :~ Y 'e. 8~ # ~ $ j~ Y n ;~ ~~'a ~. ~; aB ~'~i [3 6 ~ A! a <a ?~ SARATOGA CITY COUNCIL MEETING DATE: October 16, 2002 ORIGINATING DEPT: City Manager's Office AGENDA ITEM: CITY MANAGE ' ( ~~ PREPARED BY: Lorie Tinfow DEPT HEAD: SUBJECT: Saratoga Library Project Update RECOMMENDED ACTION(S): None; informational only. REPORT SUMMARY: Budget Summary Report as of October I, 2002. A copy of the most recent document presented each month to the Citizen's Oversight Committee is attached. The changes made to the budget totals since my last report are shaded. Change Order Activity. No new Change Orders or change requests have been made since my last report. As a result, the totals shown for those two categories on the budget summary remain the same as in September. Budget Status. The table below shows the status of funds: Committed Project Total as of 10/1/02 without contin enc $14,217,336 Chan ere nests shown as "estimate of chan es to contract" + $227,871 Total Project Costs both committed and chan ere nests = $14,445,207 Total authorized bud et $14,600,000 Remainin Balance = $154,793 Percent of time ela sed for entire ro'ect-Phase I and II 55 weeks/79 weeks 70% Construction remains on schedule. The construction completion date continues to be February 28, 2003, and the new library will open to the public in Spring 2003. The building was weather- tight on October 4, 2002. Gen-Con, Inc., Bankruptcy. No new information since my last report. The change request total represents all contractor requests made to date and is a "worst case" estimate: This number is simply shown for tracking purposes and appears on the attached Budget Sununary as a subtotal under "Estimate of Changes to Contract." FISCAL IMPACTS: Not applicable. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): Not applicable. ALTERNATIVE ACTION(S): Not applicable. FOLLOW UP ACTION(S): Staff will continue to bring budget updates to Council monthly. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: ^ Library Budget Summary Report dated 10/1/02 N oa 0 o 0 a ~ o 0 H a .~-. v rn M a .O. y N y d d ,-, n m d _ _ N O c adi a E~?a~ fn n O m» 0 m d ~ N A n N E O~ G v ml ~ o f. d V m ro M ~ f9 fA d M d ~ M C (' R f0 UaN ~ v~ ~ .o o m d LL ^ N ~`a + O H ~ m D. ~. of .- «> » `0 9 .. d w n Tmr ~N E ~ c o HtU ~~ W U rn ~ ~ eoi N 9 O N UO u'" ~~ 0 0 O O y Y O O N y1 N n m V W ~ ~ M (7 W O O N J M ~ m Oj ~ ~~ 0 0 0 0 0 0 0 0 0 0 0 ~o o'n°~oo v ~ W 0 0 0~~ 0 0 of v~ ei n n ai vi O ~ ~ ~ m.0 O-O)00 N O ~ ~ N (O O pj0~ N1010 N fD O:AIR O CM ~~~~~~~ 0 0 o e v e o s o 0 00 0~~~°o mo°o n O t00 O co 0 (O N uj 1» m Mmc~ ° Q ONj 0 0 0 0 C) O) W N 19 ~ O f9 ~~~~ ~ O O 4! 19 N n O 10 N N O ujOa O Q10 O W OI ~ p 10 ~~' ~' ~~ N N O O O O O ~ O t 0 0 0 W 0 n 0~ O N N O (h N N O CJ M n Q) 10 (0 Q) N ~~~~~~ 0 0 °o °o, ~ ~ ~ o n noln O V ~ Vi ff! 0 O ~ O p O OJ O °j O O N 10 ~ 40 N N O m ~~ ~~~~ h 0 01000 0 O (O O 0 N O O N O 0 N~ h O N N n ~~ ~~~~ 0 0 0 0 oo~ O N Opel N ui r ~ ~ H r O ° ~ ~ ~ YJ N ~~ N W M 1 n ~ O ~ ~ N N O moo ~~ o < o M o r N N ~ ~ °o tD ei O '- N 10 N f0 O N Y3 fA 0 O O 0 O O O O O N O O N 10 ~ f9 t9 ~ O t° O th 1N ~~ n O N O t0 O ~~ O N o co ov 00J N ~~ c~ di ~ N'(rp. o 'FY p .o n0 Ol. V O O 07 f9.N N.N. 1py V f9 O ~'~~ ~ ~ W 000 O th N 00001 00 N OOy 010 N ~ ~ N ~~fA00 ~~~~ ~~ ~ ~ 0 0 O O CJ 0 o m o 0 0 N 0 0 0~ 010 W M ~ f V t t) b V O O C)MC~~ F»~in «a en»«n 'aoo 0 ~ O O O _00 N O ~ ~ O ~ ~~ ~ m W N O O O O O O O 10 O N U3 Y3 u' m °~ N o 0 N O O O O O M O ~ ~ M ~ ~ 4i di O ~ O O O 0 O O O O O O 10Of9 fA Ot9 f9 N ~ t9 ~ C f9 C pO L a U aO~.r a t H ° °1 c ~. 3~ K S ~ ° ? K rn ~ E rv ~ '- o ~ __ = c v c ~ q~ V° ~i = E V° ~ Z d d d 1p O~ w~ ~ J v N r E t C m m o Q C~~m « ~ 3 m~ v ~o °~n ° o° ~ y d d ~ adi a° .m °-° 9 j~~ 5 to y %nT U w ~' ~ o 0 C C O N ~ u O o f N° t ~ B. N W C ~. J U O N ~ c~ y U O fi ~~ v e x W d C ~~ ~° v O ~~~ l0 Q Q~ U N U W (~ 11 ~i U' 0 1- N N ~~ F f 6l ~ f U 2 C C C d C d y vv~ LL a ~ O N N a n N NN 0 N ~ O C7N 1 0~~ ry n V~ t h M f N ~ f9 Ni A (/3 fA 43 C W O ~ LL 10 m O M n 10 O O N N N N n N M m ~ a 10 O O + ~ m °- o ~~ O~~ m o o a n a- w ~'i»ai~~ w y `~ o N o 0 0 ~ ° a rn n v E - 0~ N N ~ fANM N W es ~ ~ w d ~j ~ NOJ O C . ~ ~ ~ A ~ UM ~°'"~°vm v Q E d M Fy V N M N f9 ~ H3 fA d3 N 19 T d' c d m m n A o o M n y m 1° N ~ M M ~ jp 1 y C 'J p . O ' O 10 °~ < N ~ O U Q fA ~ ~MM ~ f9 t9 N N ~ d J d O O O O O ' O O O O O 19 Mf9 r M O O n 10 `o i ~ o ~ N N L ' rv U =~ h A O A O c c ~ ° ° f H N a ° m m l0 9 U V T d ' ~ m ° - .°. O ~ C d ' 'C () '^ a y 0 W C ~ v V= gy m O) d ~ LL r C 1 ~ C c °-' a c C C 0 o a v .__ ~ O U c V J U U ~ 2 0 ~ ip] w U O ° r N e N U N ~ a C7 ~, ~~ SARATOGA CITY COUNCIL MEETING DATE: October 16, 2002 AGENDA ITEM: _ ORIGINATING DEPT: Public Forks CITY MANAGE ~ ~(/l. ' ~'~-~ PREPARED BY: DEPT HEAD: SUBJECT: Options for revision of Parks and Trails Master Plan RECOMMENDED ACTION(S): Receive report and provide direction to staff. REPORT SUMMARY: During the summer of 1990, the City of Sazatoga commissioned a study for the prepazation of a Parks. and Trails Master Plan which would define a framework for all related planning and development of parks and trails for the upcoming decade. The Master Plan was completed by November of 1991 and has been in use since this date. During the past 2 years at their regulaz meetings, the Pazks and Recreation Commission has discussed the revision of the present Pazks and Trails Master Plan. Realizing the scope and complexity of this undertaking, the Commission directed the Trails Subcommittee to explore the various trails issues connected with the Master Plan in an effort to identify those properties not in compliance with trail easement requirements and to determine the various encroachments onto the trail easements. (A report was recently completed by a summer intern with this information and is contained in attachment A.) Recently, staff was directed by Council to explore options for updating the Master Plan and to report. these options at their regular meeting on October 16, 2002. The Parks and Recreation Commission, at their regulaz meeting on Monday, October 7, voiced support for the revision of; the Master Plan. The Commission did not know the level of Master Plan revision the Council is requesting or if an outside consultant needs to be hired. Y ~J The Parks and Recreation Commission, per discussions at their October 7, 2002 meeting, would like to do the following: • Form a task force to review the existing Parks and Trails Master Plan to determine what level of revision is required and if an outside consultant needs to be hired to revise the existing Master Plan. • As part of the above process, the Master Plan Task Force will continue gathering data and analyzing the existing Master Plan by comparing it to neighboring Cities' Master Plans. Once the analysis is complete, the Task Force will forward their recommendation back to the Parks and Recreation Commission, which will then forward their recommendations to the Council for consideration. Staff is requesting Council consider the above course of action by the Parks and Recreation Commission and provide direction on how to proceed. FISCAL IMPACTS: None at the present time. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): Existing Master Plan will continue to be utilized. ALTERNATIVE ACTION(S): Council to direct Staff to update the Master Plan independently. FOLLOW UP ACTION(S): None at the present time. ADVERTISING, NOTICING AND PUBLIC CONTACT: None. ATTACHMENTS: Attachment A -Report on Trail Easement Status ~~ r~ `J LJ L' ~ •~ J d .] y N N 4A.. O C r t 'fl A O C F F N OD O~ y~ ~ R N N ~ N 0 r0 v N O •O+ N D: U = r ~ L .N. £ £ 3 ~ .L+ >~ ' i O Ong L O on. A ~. R '~ R .£ L V N ° ° ~4._ A & ~..~ arc YRU £d sao _ v3 -v~ d3o ~o~ ~o~ oNa9 c m~d ~~'~ A > ' a = A 9 ~ a0 ~ ~ 'O ~ o A n i O ~ > iC ' N . ° ° Y N 3 Y . i ` ° U y > A ' V ._ e a m On A on c ~ a ~ a O m L n 3 ` C 4~ y 0 0 = R y .~ N~ .0 i .£ C U 1 ` O ` ,> OD _ N O p G O _ ~ V .L. y AYR N A YA R N~ L C 0 a- O V. 'fl Z 2 ~', z F a tQ Z o£ z o£ 2 ~ m F ~e ~ ¢~~ 'r s m ~O c ~ ~ o 4.. 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