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Home My WebLink About12-03-2003 City Council Agenda Packet AGENDA REGULAR MEETING SARATOGA CITY COUNCIL DECEMBER 3, 2003 CLOSED SESSION- 6:00 P.M. - ADMINISTRATIVE CONFERENCE ROOM, 13777 FRUlTV ALE AVENUE ANNOUNCEMENT OF CLOSED SESSION ITEMS CALL MEETING TO ORDER - 6:00P.M. ANNOUNCEMENT OF CLOSED SESSION ITEMS ADJOURNED TO CLOSED SESSION - 6:00 P.M. Conference with Legal Counsel - Threatened Litigation: Significant exposure to litigation pursuant to Government Code section 54956.9(b): (1 potential case) Conference with Legal Counsel- Consideration of Liability Claims (Gov't Code 54956.95): Claimant: Charles O'Leary Agency claimed against: City of Saratoga Conference with Legal Counsel- Consideration of Liability Claims (Gov't Code 54956.95): Claimant: Zoreh Tabatabaie Agency claimed against: City of Saratoga REGULAR MEETING -7:00 P.M. - CIVIC THEATER/COUNCIL CHAMBERS AT 13777 FRUlTV ALE A VENUE 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 November 26,2003.) COMMUNICATIONS FROM COMMISSIONS & PUBLIC ARCHIVE COpy Oral Communications on Non-Agendized Items Any member of the public will be allowed to address the City Council for up to three (3) minutes on matters not on this agenda. The law generally prohibits the Council from discussing Qr 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 None SPECIAL PRESENTATIONS None CONSENT CALENDAR The Consent Calendar contains routine items of business. Items in this section will be acted in one motion, unless removed by the Mayor or a Council member. Any member of the public may speak to an item on the Consent Calendar at this time, or request the Mayor remove an item from the Consent Calendar for discussion. Public Speakers are limited to three (3) minutes. lA. Review of Check Register Recommended action: Approve check register. 2 lB. 2004 Hazardous Vegetation Program Commencement Resolution Recommended action: Adopt resolution and set a public hearing date. 1 C. Request Santa Clara County to Amend Their Sanborn Park Trails Master Plan to Include an Easement Across County Owned Quarry Land for Possible Trail Development Recommended action: Adopt resolution. lD. Claim of Charles O'Leary: Claim No. GL-055255 Recommended action: Reject claim. IE. Claim ofZoreh Tabatabaie: Claim No. GL-054954 Recommended action: Reject claim. PUBLIC HEARINGS (Applicants/Appellants and their representatives have a total of ten minutes maximum for opening statements. Members of the public may comment on any item for up to three minutes. Applicant/Appellants and their representatives have a total of five minutes maximum for closing statements. Items requested for continuance are subject to Council's approval at the Council meeting) 2. Revised Tree Ordinance Recommended action: Conduct Public Hearing; review changes suggested by the Tree Committee; give Ordinance 1st Reading; direct staffto place item on the next Agenda's Consent Calendar for Second Reading and Adoption. OLD BUSINESS 3. Alternate Proposal for the Commemorative Bench for Willys Peck at the Saratoga Library Recommended action: Consider an alternate approach to honoring Willys Peck with a bench at the Saratoga Library. 4. DeAnza/PG&E Trail Public Process Options Recommended action: Accept report and provide direction to staff regarding the pubic process. 5. Animal Control Alternatives Recommended action: Accept report and direct staff accordingly. 3 NEW BUSINESS 6. Fire Alann Cost Benefit Analysis Recommended action: Accept report and direct staff accordingly. 7. LAFCO Council AdHoc Committee Report on County-wide Fire Protection Service Review Recommended action: Accept report and pride further direction to City staff and Council Subcommittee. 8. Commission Vacancy Update and Proposed Interview Dates Recommended action: Accept report and direct staff accordingly. 9. City Council Polices Recommended action: Accept report and direct staff accordingly. AGENCY ASSIGNMENTS Mavor Nick Streit Chamber of Commerce Hakone Foundation Liaison Santa Clara County Cities Association Santa Clara County Valley Water Commission Vice Mayor Ann Waltonsmith County Cities Association Legislative Task Force SASCC Liaison Valley Transportation Authority PAC Councilmember Kathleen King KSAR Community Access TV Board Northern Central Flood Control Zone Advisory Board Sister City Liaison West Valley Solid Waste Joint Powers Association CounciImember Norman Kline Association of Bay Area Government Library Joint Powers Association Peninsula Division, League of California Cities 4 Councilmember Stan Bogosian County HCD Policy Committee Emergency Plarming Council Silicon Valley Animal Control JP A West Valley Sanitation District CITY COUNCIL ITEMS OTHER CITY MANAGER'S REPORT ADJOURNMENT In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this meeting, please contact the City Clerk at (408) 868-1269 or ctclerk@Saratoga.ca.us. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting (28 CFR 35.102-35.104 ADA Title II). Certificate of Posing of Agenda: L Cathleen Boyer, City Clerk for the City of Saratoga, declare that the foregoing agenda for the meeting of the City Council of the City of Saratoga was posted on November 26, 2003 at the office of the City of Saratoga, 13777 Fruitvale Ave., Saratoga, CA 95070 and was available for public review at that location. The agenda is also available on the City's website at www.saratoga.ca.us Signed this 26th day of November 2003 at Saratoga, California. Cathleen Boyer, CMC City Clerk 5 . . . SARATOGA CITY COUNCIL \~ MEETING DATE: December 3, 2003 AGENDA ITEM: ORIGINATING DEPT: Administrative Services CITY MANAGER: & ----? ~ /"" PREPARED BY: Jaye Tkacq DEPT HE~ SUBJECT: Check Register: 11/14/03 RECOMMENDED ACTION(S): Approve the Check Register. REPORT SUMMARY: Attached is the Check Register. FISCAL IMPACTS: None CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTlON(S): None ALTERNATIVE ACTION(S): None FOLLOW UP ACTION(S): None ADVERTISING, NOTICING AND PUBLIC CONTACT: None ATTACHMENTS: Check Register Certification. Fund# Fund Name Date Manual Void 11114/2003 Checks Checks AP CHECKS A94712-94849 1 GENERAL 82,450.97 1,420.20 100 COPS-SLESF 110 Traffic Safety 150 Streets & Roads 23,885.04 180 LLA Districts 1,591.36 250 Dev Services 15,803.98 260 Environmental 569.11 270 Housing & Comm 290 Recreation 4,340.81 291 Teen Services 292 Facility Ops 1,767.00 293 Theatre Surcharge 310 Park Develpmt 320 Library Expansion 4,416,16 351 Public Safety 80,541.51 352 Infrastructure 24,547.92 353 Facility 785.36 354 Park and Trail 86,761.41 400 Library Debt 420 Leonard Creek 720 Cable TV 1,498.48 740 PD#3 800 Deposit Agency 2,654.79 Subtotal 331,613.90 1,420.20 PAYROLL CHECKS: 629479-29508 TOTAL I'~~ Date: Ii -)..0-03 rpproved by: Apr-99 . . ~ ~ '" ~ o ~ ~ 00 00 H , o ~ ~ ~ H H O~H ~ 0 0 ~ ~ ~ ~ ~ ~ 0 0 0 0 M M ~ ~ H H 0 0 ~ ~ ~ O~H 0 0 0 ~ 00 ~ ~ N N 0 0 0 0 ~ ~ ~ ~ ~ ~ 0 0 ~~ 0 00 ~Z N N ~M~ 0 ~ ~ ~ ~ H H 0 0 0 ~ 00 00 00 00 ~ ~ 0 0 H~ N N H~~ ~ ~ ~ ~ ~ ~ 00 H H 00 00 ~ ~ H H H H N N 00 00 00 ~~OO ~ ~ ~ M M M M H H M M M M 00 ~ N N ~~ H M M M M ~ X ~ ~ . 00 M ~ M ~ 0 0 U 0 ~ . ~ ~ . ~ ~ 0 0 ~ H ~ U ~ H , ~ 00000 ~ ~ ~ ~ ~ ~ H ~ § ~ ~ ~ ~ ~ U ~ H ~ , ¡'i 00~0 g g ~ ¡'i 0 ¡'i ¡'i '" '" U '" ~ ¡'i ~ , HH~ 0 ~ 00 ~ ~ ~ :¡ 13 0 ~ 0 ~~~ H 0 ~ 0 '" 0 ~ 0 0 ~ ~ 0 U 0 ~ ~ ~~ ~ ~ ~ ~ ~ >- U ~ 0 ~ ~ ~ Z >- ~ >- ~ ~ 00 00 ~~~ 0 '" H ~ ~ '" H '" ~ ~"'" ~ ~ M ~ 00 ~ ~ ~ ~ ~ i3 ~ ~ ~ I '" ~ ~ ~ ~ 6 , H 0 oooo~ 0 § 0 # 0 # 0 0 '" 0 ~ Z 0 ~ H 0 0 0 M ~ 0 '" 0 ê 0 ê '" 0 0 ~ 0 H 0 '" ~ 0 ~ 0 ~o H Z ~~~ Z Z 00 Z ~ Z Z '" Z ~ '" Z ~ Z "'0 ~ ~ '" "''''~ ~ ~ ~ 00 ~ 00 ~ ~ 00 '" '" 00 ~ '" '" g '" '" '" >N ~~ " :> HH'" :> 00 :> z :> z :> >- :> Z :> >- :> :> 0 :> :> :> O~ "'H , 00 ~~~ ~ H H 00 '" 5 ~ >- >- '" ~~ ~~ , g2~ H ~ '" H 00 00 .H HU , 11 00 '" '" ~ X H >- ~ ~ z ~~ 00 HHH 00 >- >- 0 '" ~ Z co '" '" "'H '" ~~~ '" ~ ~ '" ~ H ~ . 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N NN N NN N N N ~" , " , " , , , "A N NN N ON N N N '" H HH H H" H " " Ö , " , " , , , " "H H HH H H H H H" " H" H H H ~ " 0 00 0 00 0 0 0 '" 0 00 0 00 0 0 0 ~ '" · ~ U H ~ ,0 '" > ~ 0" 00 ~ ~ ~ '" ~ '" ~ ¡¡ " '" H "'~O '" ~ M~ ~ ~H ~ "'~ "~O ~ "'H U. ~¡:gZ HM ~NM ~ "'0. "'M .. ,,~ M ~~ ~~ ,,~ ~~ A~ U~ o:~ . "" ON .N N ON HNN N HN ~ " ",0 ~OO HO ~OO ·0 Ao .0 " ~O 0 00 000 00 "'0 "'0 HO ~~ 0> ",' ~ H ~ H ~ ~ ~o A ~ ~ . . '" "M" Z '" ~ ~ '" ,. ~2~ '" '" '" H 0 '" " > "' "' "' ~ ~ ~ N H~" A" 00 '" M M "'~. Ou ~ 0 ~ MOM ~ M~ ~ ~ 0 "H 0 ~NO ~ M'O 0 .~ " 00 O~ ~~~ 00 ~oo, 00 .~ MM "'O~ ê~Z OM ~~~ ~~ ~~M OM O~ NO "'0" 0" OH" OM 0" 0" OM 0' ~~H "'H O~ 0 O~ OOH O~ O~ OH "''''U > OH 0.. O. O"H 0" O~ o H y SARATOGA CITY COUNCIL \,/j AGENDA ITEM: \D CITY MANAGER: &J ~ MEETING DATE: December 3, 2003 :::~~::,Dé1)~' om" Catbleen Bo er . Clerk DEPT HEAD: SUBJECT: 2004 Hazardous Vegetation Program Commencement Resolution RECOMMENDED ACTION: Adopt resolution. REPORT SUMMARY: The attached resolution represents the first step in Saratoga's Hazardous Vegetation Abatement Program administered by the County Fire Marshall. The County has determined that the parcels in Saratoga on the attached list have excessive weed growth which is a fire hazard or otherwise noxious or dangerous. It would be appropriate at this time for the City Council to adopt the resolution setting the public hearing for hazardous vegetation abatement for January 7,2004. Debbie Carver, Program CoordinatorlCounty Fire Marshall's Office, will be attending the meeting to answer any questions Councilmembers may have on this topic. FISCAL IMPACTS: No fiscal impact to the City of Saratoga ifthe resolution is adopted. Santa Clara County recovers its costs from the administrative portion of the fee charged to property owners. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The County could not perform hazardous vegetation abatement. It would be necessary to depend upon property owners to take care of their own abatement. ALTERNATIVE ACTION: NIA FOLLOW UP ACTIONS: The County sends the property owners of the parcels notices informing them that the hazardous vegetation must be abated, either by the owners or by the County; when County abatement will commence jf work js not performed by the property owner; and how they may present any objections at the public hearing. The public hearing is noticed in the Saratoga News as well. After the public hearing, the Council passes another resolution ordering abatement on properties whose owners did not object or whose objections the Council felt were invalid. The final steps take place next summer, when the County presents the Council with a list of properties whose abatement bills have not been paid, and the Council, after hearing any objections, passes a resolution declaring liens on those properties. ~ ADVERTISING, NOTICING AND PUBLIC CONTACT: A Notice of Public Hearing wiIl be published in the Saratoga News on December 17, 2003 as required by law. The County will mail out notices to all of the affected property owners. ATTACHMENTS: Attachment A -Resolution Attachment B - Notice to property owners Attachment C - List of parcels RESOLUTION NO. 03- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA DECLARING HAZARDOUS VEGETATION GROWING ON CERTAIN DESCRIBED PROPERTY TO BE A PUBLIC NUISANCE AND SETTING A PUBLIC HEARING WHEREAS, hazardous vegetation is growing in the City of Saratoga upon certain streets, sidewalks, highway, roads and private property; and WHEREAS, said vegetation attain such growth as to become a fire menace or are otherwise noxious or dangerous; and WHEREAS, said vegetation constitute a public nuisance. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Saratoga, as follows: 1. That hazardous vegetation does now constitute a public nuisance; 2. That said nuisance exists upon all the streets, sidewalks, highways, roads and private property, more particularly described by common name or by reference to the tract, block, lot, code area and parcel number on the report prepared by and on file in the office of the County Fire Marshal; 3. That it is ordered that Wednesday, the 7th day of January. 2004, at public hearing during a regular meeting which will begin at 7:30 p.m. in the Saratoga Civic Theater, 13777 Fruitvale Avenue, is hereby fixed as the time and place where objections to the proposed destruction and removal of said vegetation shall be heard and given due consideration; 4. That the County Fire Marshal is hereby designated as the person to cause notice to be given in the manner and form provided in Article 15, Chapter 7 of the Saratoga Municipal Code, and as the person to hereafter cause abatement of such seasonal and recurring nuisance. The above and foregoing resolution was passed and adopted by the Saratoga City Council at a regular meeting held on the 3rd h day of December 2003, by the following vote: AYES: NOES: ABSTAIN: ABSENT: Nick Streit, Mayor ATTEST: Cathleen Boyer, City Clerk County of Santa Clara Department of Agriculture and Resource Management Office.of the Fire Marshal , County Government Center, East Wing 70 West Hedding St, 7th Floor San Jose, California 9511IJ.1705 (408) 299-5760 FAX: (408) 279-8537 October 6, 2003 Cathleen Boyer City Clerk City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 Dear Cathleen, Enclosed are working copies of the docurnents to be included in the 2004 Hazardous Vegetation mailing packet. The individual iterns are: · Public Notice to Destroy Weeds (Formatted with language as required per California Health and Safety Code) · Letter to Property Owner (This document summarizes the prograrn instructions for the property owner and contains legal language. · Program Brochure (this pamphlet itemizes the clearance requirernents and addresses Frequently Asked Questions) · 2004 Return Reply Forrn (The purpose of this document is for the property owner to comrnunicate with the Fire Marshal their intentions regarding the maintenance of the property.) Please review these iterns at your earliest convenience. and contact rne with your questions, comments and feedback. I would like to have the iterns finalized and ready to go to print no later than October 27th. Thank you, J}~ Debbie Craver Prograrn Coordinator County of Santa Clara (408) 299-5769 Board of Supervisors: Donald F. Gage, Blanca Alvarado, Pete McHugh, James T. Beall, Jr., Liz Kniss County Executive Peter Kutras Jr. , TRA 15 Notice To Destroy Weeds NOTICE IS HEREBY GIVEN that on December 3rd, 2003, pursuant to ArticJe II of Chapter 6 of the Saratoga City Code, the City Counci] passed a resolution dec]aring that weeds, rubbish, refuse, obstructions or other dangerous materials as hereafter described, existing upon your property, or upon the adjacent street, constitutes a pub]ic nuisance, which must be abated by the removal and destruction thereof. NOTICE IS FURTHER GIVEN that property owners shalJ, without de]ay, remove and destroy aU such weeds or brush or rubbish or other materials from their property and the abutting one-half of the street in front and aJleys, if any, behinds such property and between the lot lines thereof as extended, or in front of which, said weeds are removed and such cost wilJ constitute a Jien upon such lots or ]ands until paid and wilJ be coJlected upon the next tax roll upon which genera] municipal taxes are collected. All property owners having any objection to the proposed nuisance abatement are hereby notified to attend a meeting of the City Counci], Council Chambers of City Hall at 13777 FruitvaJe Ave., Saratoga, CaJifomia, to be heJd on Wednesday, January 7th, 2004, at 7:30 p.m., or as soon thereafter as the matter can be heard, when their objections will be heard and given due consideration. The language and format for this notice is required by California Health and Safety Code Sections 14891 Et. Seq. (over) , IRA 15 SARA TOGA WEED ABATEMENT PROGRAM SCHEDULE January 7,2004 April 1,2004 July/August Public hearing to consider objection to Abatement List. PARCEL ABATEMENT DEADLINE Parcel must be free from hazardous vegetation by this date or Inspector wjJ] order abatement. Assessment Hearing date to be scheduled by City Council. Santa Clara County Hazardous Vegetation ManagementProgram 2004 COUNTY CONTRACTOR'S WEED ABATEMENT PRICE LIST* Disc Work** Parcel Size o - 5,000 sq.ft. 5,001 - 7,500 7,501 - 10,000 10,001 - 12,000 12,001 - 15,000 15,001 - 18,000 18,001 - 2],000 21,00] - 25,000 25,001 - 30,000 30,001 - 35,000 35,001 - I Acre Per acre charge 1 st Disc $276.25 $292.48 $316.85 $341.20 $357.50 $373.75 $398.10 $414.38 $438.75 $454.98 $479.38 $438.75 +2nd Disc $92.1 0 $97.50 $105.65 $113.75 $119.15 $124.60 $132.70 $138.13 $146.28 $151.68 $159.80 $146.28 =Total Discs $368.60 $389.98 $422.50 $454.95 $476.65 $498.35 $530.80 $552.51 $585.03 $606.66 $639.18 $585.03 Handwork $92.08 Handwork price is per person, per hour. A one hour minimum per person will apply. Flail Mowing $194.98 Per Hour Loader Work $200.43 Per Hour Dump Truck $200.43 Per Hour Brush Work $211.25 Per Hòur ** It is required that parcels be disced twice a year. The cost for the first discing is higher due to additional work normally required during the first discing. Drop Charge $100.00 Added to orders with distant or difficult access. * Prices include 150% County administrative fee Dump Fee 100% Added 10 orders with debris removal at 100% of the dump site charge. Please Note- This program does not offer herbicide application as a method of abatement. (over) , County of Santa Clara Department of Agriculture and Resource Management Office of the Fire Marsha] County Government Center, East Wing 70 West Hedding St, 7th Floor San Jose, California 9511()'] 705 (408) 299-5760 FAX: (408) 279-8537 December 1 st, 2003 IMPORTANT NOTICE TO ABATE WEEDS Dear Property Owner, Your jurisdiction, as stated in the attached notice, has contracted with the County of Santa Clara to operate a Hazardous Vegetation (Weed) Management Program to protect your property and the area surrounding it from possible fire. The County is providing this infonnation and notice packet to you as part of the Program. We encourage you to read the infonnation carefully, and do not hesitate to call us for clarification or other infonnation. Your jurisdiction has adopted or will adopt a resolution declaring your property as one that may contain potential fire hazards from weeds or other debris. In addition, your jurisdiction will be conducting a public hearing to further consider an abatement order to require you to remove any hazardous vegetation or combustible debris. The public hearing will be held on the date and at the place stated in the attached notice to destroy weeds, The public hearing provides an opportunity for you to raise any objections to the requirement that you remove fire-hazardous vegetationldebris from your property prior to the deadline provided in the attached abatement schedule. If the Hazardous Vegetation Management Program is approved for your property during the public hearing, the County will be authorized by its contract with the cities, and by state law, to perform an inspection of your property to determine whether or not the property has been cleared of hazards according to Minimum Fire Safety Standards (see enclosed brochure). Inspections will begin after the abatement deadline for your jurisdiction. This notice does not relieve you of your responsibility to complete the necessary work prior to the deadline for your jurisdiction. After the inspection, the County will order any and all necessary abatement work, and have that work completed by a County contractor. The County will choose the least costly method of abatement considering the physical characteristics of your property and environmental concems. Added to the cost of abatement is a County administrative fee. These fees are detailed in the attached price list. The total amount will be included as a special assessment on your property tax bill following confirmation of the charges by your jurisdiction. Notice of the date of that meeting will be posted at a location prescribed by your jurisdiction (typically at the Civic Center) at least three days prior to the meeting. You can avoid all costs by completing the abatement work yourself according to Minimum Fire Safety Standards prior to the abatement deadline for your jurisdiction. In preparation for this program, please take the time to complete and retum the enclosed Reply Form so that we understand your intentions regarding maintenance of your property. This fonn is used to provide us information such as changes to property ownership, and information on access and entry to lockedlfenced properties. If we do not receive this information, you will have consented to the entry of authorized personnel on your property for inspection purposes and for any necessary abatement; and, in the case of locked properties, you are consenting to county contractors accessing your property using whatever reasonable means are necessary. Board of Supervisors: Donald F. Gage, Blanca Alvarado, Pete McHugh, James T. Beall, Jr., Liz Kniss County Executive Peter Kutras Jr. If you designate in your reply that you intend to abate the weeds yourself, you are expected to complete the abatement before the deadline listed on the abatement schedule. Responding that you intend to provide maintenance yourself does not release you from this responsibility to have the maintenance completed before your deadline. County contractors will proceed to abate hazardous vegetation as necessary after the deadline for your jurisdiction. f Enclosed you will find the following information: ./ A Reply Form specific to your property. Please complete and return promptly. ./ A Notice To' Destroy Weeds informing you of an upcoming public meeting that you must attend if you have any objections to the proposed removal of hazardous vegetation or debris from your property. ./ A Hazardous Vegetation Management Program Schedule for your city and a current County price list. ./ A Brochure about the Hazardous Vegetation Management Program. Please be aware that any abatement performed by the County contractor must be in compliance with all applicable environmental protection regulations. If your property falls within an area designated as possible habitat for burrowing owls or any other protected species of bird or animal, the methods of vegetation clearing may be regulated by specific laws or local ordinances. If you are no longer the owner of the property identified by this mailing, please notify the County immediately. If you sell your property after the date of this letter, failure to properly notify the new owner may make you liable for all hazard abatement charges assessed to the property. Our goal is voluntary compliance with the Minimum Fire Safety Standards, and it is our objective to ensure that all properties are safe from fire at all times during the year. If you have any questions about your property or need on-site advice to help you achieve compliance with the Minimum Fire Standards, please call the Santa Clara County Hazardous Vegetation Management Program at (408) 299-5765. Sincerely, Debbie Craver, Program Coordinator Hazardous Vegetation Management Attachments , 2004 Return Reply Form 1ST AMERICAN T GUAR CO '*' 84011 IMPORTANT: Please complete this form and mail back to the Fire Marshal's TRA: Office no later than JANUARY 15, 2004. Thank you. 1 ST AMERICAN T GUAR CO 1737 N FIRST ST STE#1 00 SAN JOSE CA 95112 '* SATYìÞLE rO~\Y\ ÞIm:S P.N\) íRI\ WILt. 'ß€ Cl.I.s'""tðMIZ!i-Ú FOR. iOll~ "1U.RI~\tTÎOrJ. Please check the box that applies for each parcel (see exolanations below): Parcel Number Site Address A B c 042-04-058 DDD A) I am no longer the owner of this property, and the new owner informturn is listed below. Please return Reply Form immediately. I intend to maintain this parcel in a manner consistent with the Minimum Fire Safety Standards frorl"March 1, 2004 through the B) end of the fire season. All parcels on the abatement list remain subject to inspection to ascertain compliance. Non-compliance will result in the abatement of weeds by the County contractor and the resulting charges added to the property tax. e) I request that the County Contractor perform weed abatement work on this parcel. Charges for this work will be added to my property tax. Work may commence on or about March 1 sl. 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SARATOGA CITY COUNCIL MEETING DATE: \~ December 3, 2003 PREPARED BY: Cary Bloomquist AGENDA ITEM: CITY MANAGER: C.....;J ¿;:;;/ DEPTHEAD: \ÞD./'o..i A. .--.-----;,,( I, - \J ORIGINATING DEPT: Public Works SUBJECT: Request Santa Clara County amend their Sanborn Park Trails Master Plan to include an easement across County owned Quarry land for possible trail development RECOMMENDED ACTlON(S): Adopt and forward attached resolution to the Santa Clara County Parks and Recreation Department requesting they amend their Sanborn Park Trails Master Plan Document to include options to develop the "Saratoga to the Sea Trail" running across County owned property and transfer said property from the County Roads Department to the County Parks and Recreation Department for this purpose. REPORT SUMMARY: City Council Members and staff attended a meeting held last September at the Santa Clara County Offices on Hedding Street, which discussed the feasibility of developing a hiking trail on County Owned property know as parcel numbers 317-32-001 and 503-48-014 (commonly known as the "Quarry"), which, when combined with other trail easements and linkages, could connect Saratoga to the coast trail system. Also present at this meeting was a representative from the office of Liz Kniss, County of Santa Clara Board of Supervisors District 5 member, to which Saratoga belongs, representatives from the Santa Clara County Parks and Recreation Department and Road Department, and a representative from the San Jose Water Company. Interest in developing the "Quarry" property was expressed by the office of Supervisor Liz Kniss and by all those in attendance, with the understanding that certain conditions would need to be satisfied prior to development of the "Quarry" property and the trail easement. One of these conditions was ownership of the parcels would need to be transferred from the Santa Clara County Roads Department to the County Parks and Recreation Department. This can be considered by requesting the transfer be placed on the Parks and Recreation Department Acquisition Agenda.. If the property transfer occurs, the trail can· then be incorporated into the Sanborn County Park Trails Master Plan, which is scheduled for revision sometime within the next 12 months. Once placed on the County Master Plan, pursuit of an easement across the / adjacent San Jose Water Company parcel can commence, with the long-term goal of establishing _ several interconnecting linkages to eventually form the "Saratoga to the Sea Trail". . An additional condition prior to establishment of this trail is to place the parcel directly adjacent to Hakone Gardens (which is currently for sale) under Saratoga's sphere of influence, which will enable the City to place a connecting trail easement. This is presently being pursued by the City, and may come before Council at a regular meeting early next year. At a recent Town Hall meeting this past October, County Supervisor Liz Kniss again expressed support for this trail, and suggested the City forward a resolution (attachment B) to the County requesting the intra County property transfer occur so the next step towards developing this proposed trail can occur FISCAL IMPACTS: None at this time. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): Possible trail linkage will not be realized. ALTERNATIVE ACTION(S): e None. FOLLOW UP ACTION(S): Forward attached resolution to Director of County Parks and Recreation Department ADVERTISING, NOTICING AND PUBLIC CONTACT: None at this time. ATTACHMENTS: Attachment A-Resolution Cover Letter Attachment B- Resolution Attachment C-Map . ~ ,-,r--'ç-J~ {P ( ('\¿ I 1- u: IIJ \ \'( (F\', I \',./J.~ L.J ,- ," ,_ ,Oi' ---./ L.--:.-------1 ~ '-.;.../ L.......J ~¡;;\\J~ D) ft:'\lf¡--r:JrÒ'((3J.1!0 t2.J~ ! c;\,d5L~¿b ~\.':?J&~, 1:-ií77 FTUTf\'),LE ¡\VENTiE ~- SAEATOG/;, CAL1FOEI\L\ 9t}070 (> (408) 8()8~1200 \1E:\'lBEH::: Inc.ml'or3.ted (ki-.ober 22. 19:')G St[!!Î Bogosian Kaihíeen King t'/annan }<.iine ¡"-!ick Streit Ar;r; Wallonsmíih December 3, 2003 Lisa Killough Director, Santa Clara County Parks and Recreation Department 298 Garden Hill Drive Los Gatos, CA 95032 Re: Resolution Supporting transfer of County owned property with parcel numbers 317- 32-001 and 503-48-014 from the County Roads Department to the County Parks and Recreation Department for inclusion in the Sanborn Park Trail Master Plan supporting proposed development of a "Saratoga to the Sea Trail". Dear Ms. Killough: Attached please find a resolution from the City of Saratoga City Council, signed by our Mayor, in support of transferring County owned properties with parcel numbers 317-32- 001 and 503-48-014 from the County Roads Department to the County Parks and Recreation Department for possible development of the "Saratoga to the Sea Trail". The City is requesting inclusion of this proposed trail into the Sanbom Park Trails Master Plan, which, per our understanding, is being revised within the next 12 months. Sincerely, John Cherbone, Public Works Director i RESOLUTION NO. 03- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARA TOGA EXPRESSING INTEREST IN THE DEVELOPMENT OF QUARRY AS "SARATOGA TO THE SEA TRAIL" WHEREAS, the Santa Clara County property parcel # 317-32-001 of37.5 acres and parcel # 503-48-014 of28.4 acres, also known as the Quarry, has a series of trails/roads not in public use at this time; and WHEREAS, this network could serve as a significant hiking linkage, counecting Saratoga to the ocean; and WHEREAS, the "Saratoga to the Sea Trail" could start at Hakone Park, pass through The Quarry, with an easement continue through water company property, pass up through Sanborn Park and continue through Castle Rock State Park over to the ocean. WHEREAS, this property is owned by the Santa Clara County Road's Department and would have to be purchased by Santa Clara County Parks and Recreation Department at a fair market value before it could be considered as part of the County parks system; and WHEREAS, the potential benefit to Santa Clara County residents and Saratoga citizens is great; and WHEREAS, District 5's Supervisor, Liz Kniss believes adding this property to a master plan for the County's General Parks Plan would benefit the residents of Santa Clara County; and WHEREAS, a trail from the floor of the Santa Clara Valley to the ocean would enhance the overall Santa Clara County Parks system and the Saratoga Trail's plan. NOW, THEREFORE, be it resolved that the City Council of the City of Saratoga hereby wishes to express its interest in this property being developed as a "Saratoga to the Sea Trail", park, and/or open space and that the Santa Clara County Parks and Recreation Department and the Saratoga Public Works Department explore options to develop the trail and bring these options back to the Saratoga City Council within the next six months. The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the _ day of _' 2003 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Nick Streit, Mayor ATTEST: Cathleen Boyer, City Clerk u.if .,. 0<; ;; ~ü ~ z¡:: C") ðz ~ 0ëi5 '" " ~ 0> .,; <D J\ ¿ ;; ¡;¡ '" .... 1;; u.if 0::5 ~o z;': ð~ 0", o w~ C; ~ffi ~ >a. .... -0 ~ 0:0: '" 0.0. ~ o '" .... ~ '" >- ~ wo.. roß Qü ~t>: roW !;;: ( w z en Z t>:~ 0t>: IXI« ~a. en . e . SARATOGA CITY COUNCIL MEETING DATE: December 3, 2003 AGENDA ITEM: ORIGINATING DEPT: City Manager PREPARED BY, t¥ CITY MANAGER: DEPT HEAD: SUBJECT: Claim of Charles O'Leary: Claim No. GL-055255 \D e2 /¿:;;::/' - RECOMMENDED ACTION: Authorize ABAG to reject claim. REPORT SUMMARY: On October 15, 2003 the claimant presented a claim for damages asserting that in November he was informed by the Building Department to obtain a Title 24 Energy Report. The claimant asserts he incurred an unnecessary expense of $225 to obtain a Title 24 Energy Report as part of the permit process The City's claims examiner reviewed all documents provided by the claimant and City staff, and recommends that the City Council reject the claim. FISCAL IMPACTS: NIA CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The claim will not be settled. ALTERNATIVE ACTION: The City Council could decide to settle the claim by paying damages. FOLLOW UP ACTION: Process rej ection notice. ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: None SARATOGA CITY COUNCIL - MEETING DATE: December 3, 2003 AGENDA ITEM: ~ . ORIGINATING DEPT: City Manager CITY MANAGER: WJ ~ PREPARED BY: ~ DEPTHEAD: SUBJECT: Claim of Zoreh Tabatabaie: Claim No. GL-054954 RECOMMENDED ACTION: Authorize ABAG to reject claim. REPORT SUMMARY: On June 13, 2003 the claimant presented a claim for damages asserting that the City failed to address drainage issues on Quito Road resulting in damages to her property located at 15500 Quito Road. The claimant is requesting $3950.00. The City's claims examiner reviewed all documents provided by the claimant and City staff, and recommends that the City Council reject the claim. . FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The claim will not be settled. ALTERNATIVE ACTION: The City Council could decide to settle the claim by paying damages. FOLLOW UP ACTION: Process rej ection notice. ADVERTISING, NOTICING AND PUBLIC CONTACT: NIA ATTACHMENTS: . None . . . SARATOGA CITY COUNCIL MEETING DATE: Decernber 3, 2003 2 ORIGINATING DEPT: Community Development AGENDA ITEM: ClTYMANAGEIè a~ DEPTHEAD: ~ PREPARED BY: Thomas Sullivan, AICP SUBJECT: Revised Tree Ordinance RECOMMENDED ACTION: Conduct the Public Hearing, review the changes suggested by the Tree Committee, give the Ordinance Amendment First Reading and direct Staff to place the matter on the next Agenda's Consent Calendar for Second Reading and Adoption. REPORT SUMMARY: The new Tree Ordinance Committee met on Wednesday, October 29, 2003. The committee consisted of Mayor Streit, Council Member Kline, Planning Commissioner Nagpal, City Arborist Babby, Citizen Representatives Ralph Woods and Bob Zager. I served as Staff Liaison to the committee. The Committee addressed the following issues that had been raised during the last Public Hearing: · Criteria #2 for the detennination on a Tree Removal Permit. "The necessity to remove the tree for economic or other enjoyment of the property." Currently the ordinance does not specify whether on of the criteria must be met or if a preponderance of the criteria must be met. Economic or other enjoyment is not defined. Does it mean any tree can be removed for any reason, · The proposed requirement to obtain a permit if 20% or more is to be trimmed from a tree. The City of Saratoga Tree Protection Handbook references the Western Chapter of the International Society of Arboriculture Pruning Standards as a guideline for structural pruning. ISA Pruning Standards provide that no more than 25% of a tree canopy should be removed. · Maintain the provision requiring that notification and a permit be required if trimming is to done to a neighbor's tree that overhangs the property line. · Construction under a dripline of a tree. Both the current and proposed ordinance has this provision. Existing: 15-50.110 Setback of new construction from existing trees. "No srTUcture or pavement shall be constructed or installed within ten feet from any oak tree or within eight feet from any other tree, unless otherwise permitted by the approving authority". . Proposed 15-50.120 Setback of new construction from existing trees. "No structure, excavation or impervious surface areas of any kind shall be constructed or installed within the root zone of any protected tree, unless otherwise permitted by the City pursuant to this Article. No parking, storing of vehicles, equipment or other materials shall be permitted within the dripline of any protected tree without special design consideration by the Community Development Director and the City Arborist." · City Council being the Appeals Board for Tree Removal Permit Appeals in addition to or as opposed to the Planning Commission. · Other issues as they arise. The City had also received a letter from Cheriel Jensen, which was provided to the full committee and was discussed. The committee discussed the request to increase the number of listed natives along with the suggestion to decrease the size that some natives would be considered protected. The Tree Committee's recommendations are as follows: · The Committee is recommending that the current "Criteria #2" for the determination on a Tree Removal Permit, which has been left in the new ordinance. However, the committee is recommending that a provision be added related to "no feasible alternatives" and the need to provide mitigation in equal ~alue of the removed tree. In section 15-50.080 the following was added to the new ordinance "(9) The necessÏty to . remove the tree for economic or other enjoyment of the property when there is no other feasible alternative to the removal. " · The requirement for needed a permit in order to trim or prune more than 20% of a canopy is recommended to be increased to 25% so that it is the same as the International Arboriculture Pruning Standards. Section 15-50.070 (c) now reads, "Pruning Permit: A permit is required for structural pruning in excess of /SA Standards (the 200/ Edidon of wlllch is hereby adopted by reference) during any given growth period or year of any protected tree. Prumng shall not exceed 25% of the canopy. No permit is required for structural pruning, wlllch complies with /SA Pruning Standards, or for the prumng of producdve agricultural trees. " · With regard to trimming or pruning a neighbor's tree, the committee is recommending that the application be very detailed, that there be two levels. The first being receiving "permission" from your neighbor without involving the City and the second being applying for a permit and the City notifying all of the neighbors. Section 15-50.070 (d) now reads, "Notwithstanding the foregoing, either written permission or a permit is required for the pruning of a protected tree the trunk of wlllch is at least partially located on a neighboring property. " · The issue of setback of new construction from a tree was discussed at length. The recommendation is that the language be changed back to approving authority and that the code section contains examples of mitigations or best practices that would allow construction within this zone. Section 15-50.120 now reads, "Unless otherwise . permitted by the approving authority, no structure, excavation or impervious 20f4 . . . surface areas of any Mnd shall be constructed or installed witmn the root zone of any protected tree without ITlltigating special design, such as post and beam footings that bridge the roots. No parMng, storing of vehicles, equipment or other materials shall be perITlltted within the dripline of any protected tree without special design considerations approved by the Community Development Director and the City Arborist. " · It was the conclusion of the committee that the City Council should be the Appeals Board. In Monte Sereno the City Council is the Appeals Boards. In Los Gatos they allow the Planning Commission decision to be appealed to the City Council. Section 15-50.100 (a) now reads, "Except otherwise provided in subsection (b) of this Section, any person objecting to a decision by the Community Development Director made pursuant to any of the provisions of this Article, may appeal such decision in accordance with the procedure set forth in Article 15-90 of this Chapter. Any perITllt issued pursuant to this Article shall take effect immediately upon the expiration of the appeal period specified in Article 15-90 of tms Chapter unless the perITllt is appealed. If the perITllt is appealed or a perITllt denial is appealed and the Planning ComITllssion upholds the perITllt or reverses the denial, the perITllt shall take effect immediately upon the decision of the Planning ComITllssion unless appealed to the City Council in accordance with the procedure set forth in Article 15-90 of tms Chapter. " · The committee requested that I amend the City's Tree Protective Handbook to include suggestions that trees not be planted close to property hnes so that future problems may be avoided. · The committee is not recommending the size of Native trees be made smaller as Ms. Jensen recommended. The Committee also requested the City Arborist review the list of trees that Ms. Jensen suggested being added as Native trees in the ordinance. The City Arborist has recommended that Douglas fir (Pseudotsuga menziesii) be added to the list of protected natives. Section 15-50.020 (n) now reads, "Native tree means Coast live Oak (Quercus agrjfolia), Valley Oak (Quercus lobata), Tan Oak (lithocarpus densiflorus), Black Oak (Quercus kelJogi), Blue Oak (Quercus douglasi), Scrub Oak (Quercus dumosa), Big Leaf Maple (Acer macrophylhum), Californja Buckeye (Aesculus californica), Douglas fir (pseudotsuga menzíesÍÍ) and Coast Redwood (Sequoia sempervirens)." The attached Draft Ordinance contains the Tree Committee's recommendations, Following the adoption of the new tree regulations Staff will modify the City's Tree Protection Handbook to ensure that it is fully consistent with the newly adopted ordinance. Staff will also place the handbook on the City's web page. Additionally, we will prepare a series of articles for the Saratogan quarterly newsletter as an on going educational program. FISCAL IMP ACTS: None 30f4 CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The City's Tree Regulations will continue to be out of date and difficult to enforce. ALTERNATIVE ACTION: 1. Provide direction to the committee to make further revisions. 2. Leave the old set of Tree Regulations in place as is. FOLLOW UP ACTION: Place the Ordinance on the next agenda for second reading and adoption. ADVERTISING, NOTICING AND PUBLIC CONTACT: This agenda for this item was duly posted on November 28, 2003 and was advertised in the November 19, 2003 edition of the Satatoga News. ATTACHMENTS: 1. Draft Ordinance 2. Correspondence 40f4 . . . · · · ORDINANCE AN ORDINANCE AMENDING SECTIONS I5-05.020, 15-45.070, I5-45.080, 15- 46.030,15-46.040, AND ARTICLE 15-50 OF ZONING REGULATIONS OF THE CITY OF SARATOGA RELATING TO TREE REGULATIONS AND ADOPTING BY REFERENCE THE INTERNATIONAL SOCIETY OF ARBORICUL TURE PRUNING STANDARDS (200I EDITION) AND TREE V ALUA TION FORMULA CONTAINED IN THE GUIDE FOR PLANT APPRAISAL (APRIL 2000 EDITION) THE CITY COUNCIL OF THE CITY OF SARATOGA DOES ORDAIN AS FOLLOWS: Section 1. Findings. The City Council finds and declares as follows: A. The Planning Commission has conducted a public hearing to consider an amendment to the Zoning Regulations with respect to the City Code provisions relating to Tree Regulations and made a recommendation that the City Council amend the City's Tree Regulations. B. The adoption of this ordinance is consistent with the provisions of the Saratoga General Plan Open Space Element which states on page 16, "The City should provide ínfo=ation and assistance to the public in the preservation and care of native trees whose existence can be threatened by environmental stress and development." C. The adoption of this ordinance is consistent with the provisions of the Saratoga General Plan Conservation Element, which states in Policy C0.3.0, "Preserve the quality of the natural environment and the character of the City through appropriate regulation of site development." D. The procedures required by Govemment Code Sections 50022.1 through 50022.8 for adoption of the ISA Standards by reference have been satisfied as follows: (1) The title ofthe Tree Ordinance and the title of the ISA Standards to be adopted by reference have been read at a meeting of the City Council. (2) The title of the ISA Standards to be adopted by reference are specified in the title of the ordinance. (3) The Council subsequently scheduled a public meeting, notice of which was published in the local newspaper once a week for two successive weeks stating the time and place ofthe hearing~ stating that copies of the ISA Standards being adopted are on file with the City Clerk and open to 1 public inspection; and describing the purpose and subject matter of the ordinance in a manner the City Council deemed sufficient, as required by the Government Code. . (4) A certified copy of the ISA Standards, which are adopted by reference, were on file in the Office ofthe City Clerk at least 15 days preceding the public hearing. (5) The City Council held a public hearing on the Tree Ordinance and the ISA Standards adopted by reference in the Ordinance. (6) At least one copy of the ISA Standards adopted by reference will be kept in the Office ofthe City Clerk for public inspection while the ordinance is in force. (7) Upon adoption, copies of the adopted ISA Standards will be available for purchase by the public in the Office ofthe City Clerk, at a cost not to exceed the actual cost of them to the City. Section 2. Adoption. Section 15-05.020 of the Saratoga City Code is amended to read: 15-05.020 Purposes of Chapter. . The purposes of this Chapter shall be to promote and protect the public health, safety, peace, comfort, convenience, prosperity and general welfare, including the following more specific purposes: (a) To control the physical development of the City in such a manner as to preserve it as essentially a residential community with a rural atmosphere. (b) To achieve the arrangement of land uses depicted in the General Plan. (c) To foster a harmonious, convenient, workable relationship among land uses. (d) To promote the stability of existing land uses which conform with the General Plan, and to protect them from inharmonious influences and harmful intrusions. (e) To ensure that public and private lands ultimately are used for the purposes, which are most appropriate and most beneficial from the standpoint of the City as a whole. (f) To prevent population densities in excess of those prescribed in the General Plan, and to maintain a suitable balance between structures and open spaces on each site. (g) To ensure adequate light, air and privacy for each dwelling unit. (h) To minimize traffic congestion and to avoid the overloading of utilities by preventing the construction of buildings of excessive size in relation to the land around them. (i) To facilitate the appropriate location of community facilities and institutions. (j) To provide for adequate off-street parking and loading facilities. (k) To provide for the orderly, attractive development of commercial facilities in those e areas where permitted by the General Plan. 2 . . . (1) To exclude new industrial development in order to preserve the essential residential character of the City. (m) To preserve the natural beauty of the City. (n) To ensure that uses and structures enhance their sites and harmonize with improvements in the surrounding area. (0 ) To protect and enhance real property values within the City. (p) To protect and preserve heJitage, native, and other significant trees at all times, including, the real property development planning and implementation processes. Section 15-45.070 is amended to read: 15-45.070 Application requirernents. (a) Application for design review approval shall be filed with the Community Development Director on such form, as he shall prescribe. The application shall include the following exhibits: (1) Site plan showing (i) property lines, (ii) easements and their dimensions, (iii) underground utilities and their dimensions, (iv) structure setbacks, (v) building envelope, (vi) topography, (vii) species, trunk diameter at breast height (DBH as defined in Section 15-50.020(g», canopy dIiplines, and locations of all heritage trees (as defined in Section 15-50.020(1), trees measuring at least ten (10) inches DBH, and all native trees measuring at least six (6) inches DBH on the property and within 150 feet of the property, (viii) areas of dense vegetation and (ix) riparian corridors. (2) A statement of energy conserving features proposed for the project, Such features may include, but are not limited to, use of solar panels for domestic hot water or space heating, passive solar building design, insulation beyond that required under State law, insulated windows, or solar shading devices. Upon request, the applicant shall submit a solar shade study if determined necessary by the Community Development Director. (3) Elevations of the proposed structures showing exterior materials, roof materials and window treatment. (4) Cross sections for all projects located on a hillside lot, together with an aerial photograph of the site if requested by the Community Development Director. (5) Engineered grading and dIainage plans, including cross sections if the structure is to be constructed on a hillside lot. (6) Floor plans that indicate total gross floor area, determined in accordance with Section 15-06.280 of this Chapter. (7) Roof plans. (8) Landscape and irrigation plans for the site, showing the location of existing trees proposed to be retained on the site, the location of any proposed replacement trees, the location and design of landscaped areas, types and quantities of landscape materials and irrigation systems, appropriate use of native plants and water conserving materials and irrigation systems and all other landscape features. (9) Tree Preservation Plan, as required in Section 15-50.140. (10) Preliminary title report showing all parties having any interest in the property and any easements, encumbrances and restrictions, which benefit or burden the property. (ll) Such additional exhibits or information as may be required by the Community Development Director. All exhibits shall be dIawn to scale, dated and signed by the 3 person prepartng the exhibit. Copies of all plans to be submitted shall consist of two sets drawn on sheets eighteen inches by twenty-eight inches in size and fifteen reduced sets on sheets eleven inches by seventeen inches in size. (12) A geotechnical clearance as defined in Section 15-06.325 of this Code, if required by the City Engineer. (a) The application shall be accompanied by the payment of a processing fee, in such amount as established from time to time by resolution of the City Council. e Section 15-45.080 is amended to read: 15-45.080 Design Review findings. The Planning Commission shall not grant design review approval unless it is able to make the following findings: (a) Avoid unreasonable interference with views and privacy. The height, elevations and placement on the site of the proposed main or accessory structure, when considered with reference to: (i) the nature and location of residential structures on adjacent lots and within the neighborhoods; and (ii) community view sheds will avoid unreasonable interference with views and privacy. (b) Preserve natural landscape. The natural landscape will be preserved insofar as practicable by designing structures to follow the natural contours of the site and minimizing tree and soil removal; grade changes will be minimized and will be in . keeping with the general appearance of neighbortng developed areas and undeveloped areas. (c) Preserve native and heritage trees. All heritage trees (as defined in Section 15- 50.020 (1» will be preserved. All native trees designated for protection pursuant to Section 15-50.050 will be preserved, or, given the constraints of the property, the number approved for removal will be reduced to an absolute minimum. Removal of any smaller oak trees deemed to be in good health by the City Arborist will be minimized using the criteria set forth in Section 15-50.080. (d) Minimize perception of excessive bulk. The proposed main or accessory structure in relation to structures on adjacent lots, and to the surrounding region, will minimize the perception of excessive bulk and will be integrated into the natural environment. (e) Compatible bulk and height. The proposed main or accessory structure will be compatible in terms of bulk and height with (i) existing residential structures on adjacent lots and those within the immediate neighborhood and within the same zoning district; and (ii) the natural environment; and shall not (i) unreasonably impair the light and air of adjacent properties nor (ii) unreasonably impair the ability of adjacent properties to utilize solar energy. (f) Current grading and erosion control methods. The proposed site development or grading plan incorporates current grading and erosion control standards used by the City. (g) Design policies and techniques. The proposed main or accessory structure will conform to each of the applicable design policies and techniques set forth in the A Residential Design Handbook and as required by Section 15-45.055. ., 4 · Section 15-46.030 is amended to read: · · 15-46.030 Application requirements. (a) Application for design review approval shall be filed with the Community Development Director on such form, as he shall prescribe. The application shall include the following exhibits: (1) A site plan showing property lines, easements, dimensions, topography, and the proposed layout of all structures and irnprovements including, where appropriate, driveways, pedestrian walks, parking and loading areas, landscaped areas, fences and walls, and the species, trunk diarneter breast height (DBH as defined in Section 15-50.020(g»), canopy driplines, and locations of all heritage trees (as defined in Section 15-50,020(1)), trees rneasuring at least ten (10) inches DBH, and all native trees measuring at least six (6) inches DBH on the property and within 150 feet of the property. The site plan shall indicate the locations of entrances and exits and the direction of traffic flow into and out of parking and loading areas, the location and dimension of each parking and loading space, and areas for turning and rnaneuvering vehicles. (2) Architectural drawings or sketches showing all elevations of the proposed structures as they will appear upon completion. All exterior surfacing materials and their colors shall be specified, and the size, location, material, colors and illumination of all signs shall be indicated. (3) A landscape and irrigation plan for the site, showing the locations of existing trees proposed to be retained on the site, the location of any proposed replacement trees, types and quantities of landscape plants and materials and irrigation systems, appropriate use of native plants, and water conserving plants and materials and irrigation systems, and all other landscape features. (4) Cross sections for all projects located on a hillside lot. (5) Engineered grading and drainage plans, including cross sections if the structure is to be constructed on a hillside lot. (6) Floor plans showing total gross floor area, determined in accordance with Section 15- 06.280 of this Chapter. (7) Roof plans. (8) Such additional exhibits or information as may be required by the Community Development Director or the Planning Commission. All exhibits shall be drawn to scale, dated and signed by the person preparing the exhibit. Copies of all plans to be submitted shall consist of two sets drawn on sheets eighteen inches by twenty-eight inches in size and 15 sets on sheets eleven inches by seventeen inches in size. (b) The application shall be accompanied by the payment of a processing fee, in such amount as established from time to time by resolution of the City Council, together with a deposit toward the expense of noticing the public hearing as determined by the Community Development Director. 5 Section 15-46.040 is amended to read: 15-46.040 Design criteria. In reviewing applications for design review approval under this Article, the Planning Commission shall be guided by the following criteria: (a) Where more than one building or structure will be constructed, the architectural features and landscaping thereof shall be harmonious. Such features include height, elevations, roofs, matetial, color and appurtenances. (b) Where more than one sign will be erected or displayed on the site, the signs shall have a common or compatible design and locational positions and shall be harmonious in appearance. (c) Landscaping shall integrate and accommodate existing trees and vegetation to be preserved; it shall make use of water-conserving plants, matetials and irrigation systems to the maximum extent feasible; and, to the maximum extent feasible, it shall be clustered in natural appearing groups, as opposed to being placed in rows or regularly spaced. (d) Colors of wall and roofing materials shall blend with the natural landscape and be nonreflective. (e) Roofing materials shall be wood shingles, wood shakes, tile, or other materials such as composition as approved by the Planning Commission. No mechanical equipment shall be located upon a roof unless it is appropriately screened. (f) The proposed development shall be compatible in terms of height, bulk and design with other structures in the immediate area. Article 15-50 is amended to read: Article IS-50 TREE REGULATIONS 15-50.010 Findings; purposes of Article. 15-50.020 Definitions. 15-50.030 Application of Article. 15-50.040 Street trees. 15-50.050 Removal of certain trees without permit. 15-50.060 Exceptions. 15-50.070 Application for permit. 15-50.080 Determination on permit. 15-50.090 Development or improvement projects 6 e e e · 15-50.100 15-50.110 15-50.120 15-50.130 15-50.140 15-5-.150 15-50.160 15.50-170 15-50.180 15-50-190 Appeals No liability upon City Setback of new construction from existing trees. Arborist Report Tree Preservation Plan Tree Fund Enforcement Violations; penalties and remedies Tree Companies Operating in the City Possession of an Approved Tree Removal Permit · 15-50.010 Findings; purposes of Article. The City Council finds that the City is primarily a residential community; that the economics of property values is inseparably connected with the rural attractiveness of the area, much of which is attributable to the wooded hillsides and the native and ornamental trees located throughout the City; that the preservation of such trees is necessary for the health, safety and welfare of the residents of the City in order to preserve scenic beauty, prevent erosion of topsoil, protect against flood hazards and the risk of landslides, counteract pollutants in the air, maintain the climatic balance and decrease wind velocities. To compliment and strengthen zoning, subdivision and other land use standards and regulations, while at the same time recognizing the privileges of private property ownership, the City Council adopts this ordinance to establish basic standards and measures for the maintenance, removal, and replacement of trees. Thus, this ordinance is designed to provide a stable and sustainable urban forest to preserve and protect significant historic heritage values, and to enhance the unique aesthetic character and environment of this City. 15-50.020 Definitions. · For the purposes of this Article, the following words and phrases shall have the meanings respectively ascribed to them by this Section, unless the context or the provision clearly requires otherwise: 7 (a) "Agricultural tree" means a fruit or nut tree grown for the production of fruit or nuts. (b) "Approving body" means the body having authority to approve or deny an application and includes the Planning Commission and the Community Development Director. (c) "Arborist Report" means a report prepared by a certified arborist and accepted by the Community Development Director containing specific information on the location, condition, structure, potential impacts of development, and recommended actions and mitigation measures regarding one or more trees on an individual lot or project site. (d) "Bond or security deposit" means a financial instrument which guarantees a future condition and may include an itrevocable letter of credit or cash. (e) "Canopy" or tree canopy rneans all portions of the tree with foliage. As context requires, the term also describes the area inside the drip line. (f) "Crown" rneans the portion of the tree above the trunk including the lirnbs and foliage. (g) "DBH" means diameter at breast height. It is the diameter of a single stem trunk tree measured at four and one-half (4 Y2) feet above the ground while standing on the high side of the tree. The diameter may be calculated using the following formula: Diameter = Circumference I 3.142 To measure trees with multi-stem trunks, the tree diameter equals the full diameter of the largest trunk plus 50% of the diameter of all other trunks on the tree; each trunk is measured at four and one-half (4 \'2) feet above the ground while standing on the high side of the tree. (h) "Damage" means any action undertaken which causes short term or long term injury, death, or disfigurement to a tree. This includes, but is not limited to: cutting of roots or limbs, poisoning, over-watering, relocation, or transplanting a tree, or trenching, grading, compaction, excavating, paving or installing impervious surface within the root zone of a protected tree. (i) "Destroy" means to cause the premature decline of tree health or life as evaluated and determined by the City Arborist. 6) "Dripline" means the outermost edge of the tree's canopy. When depicted on a map or plan, the dripline is the irregular shaped circle that follows the contour of the tree's branches as seen from overhead. (k) "Encroachment" means any intrusion or human activity occurring within the root zone of a tree, including, but not limited to structural pruning in excess of International Society of Arboriculture Commission (ISA) Pruning Standards (2001 Edition), grading, excavating, trenching, parking of vehicles, permanent or temporary storage of materials or equipment, or the construction of structures or other improvements within the root zone of a tree (1) "Heritage tree" means any tree of historic significance as a tree having historic value related to the heritage of the City and designated by action of the City Council upon recommendation of the Heritage Preservation Conunission. (m) "ISA Standards" means the 2001 Edition of the pruning standards and the Tree Valuation Formula contained in the April 2000 Guide for Plant Appraisal published by the International Society of Arboriculture. . . . 8 . . . (n) "Native tree" means Coast Live Oak (Quercus agrifolia), Valley Oak (Quercus lobata), Tan Oak (Lithocarpus densiflorus), Black Oak (Quercus kellogi), Blue Oak (Quercus douglasi), Scrub Oak (Quercus durnosa), Big Leaf Maple (Acer macrophylhurn), California Buckeye (Aesculus californica), Douglas fir (Pseudotsuga menziesii) and Coast Redwood (Sequoia sempervirens). (0) "Oak" means any native oak tree of the Genus Quercus, regardless of size. This definition shall not include oak trees planted, grown and held for sale by licensed nurseries or the first removal or transplanting of such trees pursuant to and as part of the operation of a licensed nursery business. (p) "Project site" means the site of the proposed tree removal, pruning, or encroachment affecting a protected tree. (q) "Protected tree" has the meaning set forth in section 15-50.050. (r) "Pruning" means any and all work performed on or adversely affecting the roots, branches or limbs of a protected tree. (s) "Remove" and "Removal" mean the physical removal or destruction of a tree or causing the death of a tree through damaging, pruning, encroaching or other clirect or indirect action on the canopy or root zone. (t) "Root zone" means a specifically defined area commencing at the trunk and moving outward to form an irregularly shaped circle that follows the contour of the tree canopy and extending beyond the dripline of the tree by five (5) feet or such greater distance determined by the City Arborist. (u) "Routine maintenance" means actions needed for the continued good health of a tree including, but not limited to, removal of deadwood, insect control spraying and wateting. (v) "Street tree" means any tree within the Public Street or right-of-way. (w) "Shrub" means a bushy, woody plant, usually with several permanent stems, and usually not over fifteen feet high at marurity. The Community Development Director, after consultation with the City Arborist may determine whether any specific woody plant shall be considered a tree or a shrub. (x) "Structural Pruning" means pruning to maintain the size of lateral branches to less than three-fourths the diameter of the parent branch or trunk. (y) "Tree" means a woody perennial plant characterized by having a main stem or trunk, or a multi-stemmed trunk system with a more or less definitely formed crown, and is usually over ten feet high at maturity. This definition shall not include trees planted, grown and held for sale by licensed nurseries or the first removal or transplanting of such trees pursuant to and as part of the operation of a licensed nursery business. (z) "Tree fund" means a City-held monetary account accounted for separately from other City funds. The express functions of the Tree fund are: (1) To receive and hold any fines, penalty assessments civil penalties, bonds or other remedial funds or sources of funds for violations of Article15-50 of this code; (2) To receive and hold monetary valuations and payments for replacement trees pursuant to Section 15-50.170, as prescribed by the Community Development Director, or as a condition of development approval; and (3) To pay for new or replacement trees, their planting and maintenance, as deternùned by the Community Development Director, on public properties, streets, easements and dedicated open spaces. (aa) "Tree Preservation Plan" means a detailed plan containing all protective measures to be implemented before, during, and, after any encroachment or other activity affecting 9 one or more protected trees including provision for future maintenance, to preserve and protect all trees to be retained on any project site. . 15-50.030 Application of Article. This Article shall apply to every owner of real property within the City, and to every person responsible for removing, damaging, pruning or encroaching upon a tree regardless of whether such person is engaged in a business for such purpose. 15-50.040 Street trees. (a) Policies and standards. The Community Development Director shall implement policies and standards for street tree planting and maintenance as established from time to time by resolution of the Planning Commission or City Council. (b) Planting required condition of approval. The planting of street trees may be required as a condition of any approval granted under this Chapter. (c) Responsibility for maintenance. The Ciry shall provide maintenance for street trees located within a commercial district and on arterial roads, unless such maintenance responsibility has been assumed by a properry owner or other person under a landscape maintenance agreement with the City. In all other areas of the Ciry, the City shall not conduct but shall control the planting, maintenance and removal of street trees and shrubs which might affect the public right-of-way; the owner or occupant of such e property shall be responsible for the maintenance of street trees on the property and in the public right-of-way abutting the property. 15-50.050 Removal of certain trees without permit. Except as otherwise provided in Section 15-50.060, it is unlawful for any person to remove, damage, prune, or encroach upon, or cause to be removed, damaged, pruned, or encroached upon any protected tree, located on any private or public property in the City without first having obtained a tree removal, pruning or encroachment permit issued pursuant to this Article and authorizing the proposed action. A protected tree shall consist of any of the following: (a) Any native tree having a DBH of six (6) inches or greater (b) Any other tree having a DBH of ten (10) inches or greater. (c) Any street tree, as defined in Section 15-50.020(v), regardless of size. (d) Any heritage tree, as defined in Subsection 15-50.020(1) regardless of size. (e) Any tree required to be planted or retained as a condition of any approval granted under this Chapter or Chapter 14 of this Code. (f) Any tree required to be planted as a replacement, as provided in Subsection 15-50.170 of this Article. 15-50.060 Exceptions, . 10 e The permit requirement set forth in Section 15-50.050 shall not apply to any of the following: (a) Emergencies. If the condition of a tree presents an immediate hazard to life or property, it may be removed without a permit on order of the City Manager, the Public Works Director, the Community Development Director, their designated representatives, or a Peace Officer, or the fire department having jurisdiction. (b) Public utilities. Public utilities subject to the jurisdiction of the State Public Utilities Commission may without a permit take such action as may be necessaty to comply with the safety regulations of the Commission and as may be necessaty to maintain a safe operation of their facilities. (c) Project approval. Where removal of a protected tree or encroachment upon one or more protected trees has been specifically authorized as part of any project approval granted under this Chapter or Chapter 14 or 16 of this Code, no permit pursuant to this Article shall be required for such activity, provided the Community Development Director determines in writing that the criteria specified in sections 15-50.080 and 15- 50.120 and 15-50.140 have been met. Any protected tree authorized for removal, pruning or encroachment pursuant to such project approval shall not be removed, pruned or encroached upon, until the issuance of a building or grading permit for the improvements, which are subject of the approval. 15-50.070 Application for permit. . (a) Application. Application for a tree rernoval pruning or encroachment permit shall be rnade to the Comrnunity Developrnent Director on such form as he or she may prescribe. The application shall contain the nurnber and location of each tree to be rernoved, pruned or encroached upon, the type and approxirnate size of the tree, the reason for removal, pruning or encroachrnent and such additional information as the Director may require. The application shall be signed by the owner of the property upon which the tree is located and if the applicant is not the owner of said property shall include a staternent that the owner consents to the activity described on the permit application. (b) Notice. Prior to acting on an application for a tree removal permit affecting one or rnore protected trees, notice shall be given to property owners within 150 feet at the tirne of application, at least ten (10) days before a decision on the permit is made. ( c) Pruning Permit: A permit is required for structural pruning in excess of ISA Standards (the 2001 Edition of which is hereby adopted by reference) during any given growth period or year of any protected tree. Pruning shall not exceed 25% of the canopy. No permit is required for structural pruning, which complies with ISA Pruning Standards, or for the pruning of productive agricultural trees. (d) Notwithstanding the foregoing, either written permission or a permit is required for the pruning of a protected tree the trunk of which is at least partially . located on a neighboring property. 11 15-50.080 Determination on permit. . (a) Criteria. Each application for a tree removal pruning or encroachment pennit shall be reviewed and detelTIÚIled on the basis of the following criteria: (1) The condition of the tree with respect to disease, imminent danger of falling, proximity to existing or proposed structures and interference with utility services. (2) The necessity to remove the tree because of physical damage or threatened damage to improvements or impervious surfaces on the property. (3) The topography of the land and the effect of the tree removal upon erosion, soil retention and the diversion or increased flow of surface waters, particularly on steep slopes. (4) The number, species, size and location of existing trees in the area and the effect the removal would have upon shade, privacy impact, scenic beauty, property values, erosion control, and the general welfare of residents in the area. (5) The age and number of healthy trees the property is able to support according to good forestry practices. (6) Whether or not there are any alternatives that would allow for retaining or not encroaching on the protected tree. (7) Whether the approval of the request would be contrary to or in conflict with the general purpose and intent of this Article. (8) Any other information relevant to the public health, safety, or general welfare and the purposes of this ordinance as set forth in section 15-50.010. (9) The necessity to remove the tree for econoIIÚC or other enjoyment of the property when there is no other feasible alternative to the removal. (b) Additional recommendations. The Community Development Director may refer the application to another department, commission or person for a report and recommendation. The Director may also require the applicant to furnish a written report from an ISA Certified Arborist acceptable to the Director, such report to be obtained at the sole expense of the applicant. At the discretion of the Community Development Director, City Arborist review may be required before any tree removal, pruning or encroachment permit is issued or before approval of a project involving the removal of, pruning of or encroachment upon one or more protected trees is granted. City Arborist review shall also be at the sole expense of the applicant. (c) Decision by Director. The Community Development Director shall render his or her decision within thirty days (30) after the filing of the application for a permit. The Director may grant or deny the application or grant the same with conditions, including, but not limited to, (1) the condition that one or more replacement trees be planted of a species and size and at locations as designated by the Director, (2) relocation of existing tree desired to be rem.oved, ancl/or (3) payment of a fee or the posting of a bond or security deposit in favor of the City to the Tree Fund. Any such tree replacement, relocation, fee payment, or bonding or security deposit shall be at the sole expense of the applicant. (d) Security deposits and maintenance bonds. In the case of an application for, or a project involving encroachment on one or more protected trees, the applicant shall post a security deposit with the City in an amount equal to 100 % of the ISA valuation of the trees involved. The City may also require posting of a maintenance bond or security deposit of at least five years designed to ensure long tetm maintenance of the affected or e . 12 · · · replacement trees. Security deposits or maintenance bonds required for protected trees or replacement trees in public or private development may, in the reasonable discretion of the Community Development Director, be refunded upon a determination that the project is in compliance with the City Arborist's requirements ancllor Tree Preservation Plan. In the case of violations of this Article or where replacement, restitution, or other remedy required pursuant to Section 15-50.170 cannot be made on the project site, then such payments shall be made from the deposit or bond being held before any refund is made. 15-50.090 Development or improvement projects. (a) Subdivision approval. When any application is made pursuant to Chapter 14 and that proposal would involve removal of, ptuning of, or encroachment upon a protected tree, the City shall take into consideration the provisions of this Article in granting or denying the application. (b) Project approval. Removal of, pruning of, or encroachment upon any protected trees pursuant to project approval granted under this Chapter or Chapters 14 or 16 of this Code shall meet the requirements of Section 15-50.140 and be evaluated according to the criteria in section 15-50.080. (c) Modifications to approved projects. In the event of any change or modification to an approved site development plan which results in removal of or an increase in pruning of or encroachment upon any protected tree, the provisions of this Article shall apply. 15-50.100 Appeals. (a) Except otherwise provided in subsection (b) of this Section, any person objecting to a decision by the Community Development Director made pursuant to any of the provisions of this Article, may appeal such decision in accordance with the procedure set forth in Article 15-90 of this Chapter. Any pennit issued pursuant to this Article shall take effect immediately upon the expiration of the appeal period specified in Article 15- 90 of this Chapter unless the pennit is appealed. If the pennit is appealed or a pennit denial is appealed and the Planning Commission upholds the pennit or reverses the denial, the permit shall take effect immediately upon the decision of the Planning Commission unless appealed to the City Council in accordance with the procedure set forth in Article 15-90 of this Chapter. (b) Where an application for a tree removal permit has been granted and the Community Development Director detennines that the tree in question presents a clear and immediate threat of causing injury to persons or property, the Community Development Director may issue the tree removal pennit prior to expiration of the appeal period specified in Article 15-90 of this Chapter. I5-50.lIO No liability upon City. 13 Nothing in this Article shall be deemed to impose any liability upon the City or upon any . of its officers or employees, nor to relieve the owner or occupant of any private property from the duty to keep in safe condition any trees and shrubs upon his property or upon a public right-of-way over his property. I5-50.120 Setback of new construction from existing trees. Unless otherwise permitted by the approving authority, no structure, excavation or impervious surface areas of any kind shall be constructed or installed within the root zone of any protected tree without mitigating special design, such as post and beam footings that bridge the roots. No parking, storing of vehicles, equipment or other materials shall be permitted within the dripline of any protected tree without special design considerations approved by the Community Development Director and the City Arborist. 15-50.130 Arborist Report An Arborist Report shall be required for any application for discretionary development approval that would require the removal of one or more trees protected by this Chapter and for any other projects where the Communiry Development Director determines it is necessary. The Community Development Director may require any Arborist Report (or portion thereof) to be reviewed by the City Arborist. The Arborist Report and any review of it by the City Arborist required by the Community Development Director shall . be at the sole expense of the applicant. 15-50.140 Tree Preservation Plan. (a) A Tree Preservation Plan shall be required for any project approved pursuant to Chapters 14, 15 and 16 of the Code on any site on which an Arborist Report is prepared. (b) The Tree Preservation Plan shall consist of a separate detailed plan drawn to a sufficient scale (but no larger that 20 feet to the inch, with any details to be shown at least 10 feet to the inch) to clearly indicate all protection and mitigation measures to be taken as required by the Community Development Director and/or the Arborist Report for the project. (c) When a project has been submitted for approval pursuant to Chapters 14, 15, or 16, there shall be no permits issued for grading or site improvements until a Tree Preservation Plan for the project has been approved by the Community Development Director and the required protection measures are determined to be in place through City inspection. Protection measures required shall remain in place for the duration of the construction activity at the project site, or as otherwise required by the City and shall not be removed until authorized by the Community Development Director. (d) The Tree Preservation Plan and any permits for tree removal shall be maintained at the project site at all times during construction activities and until all work has been completed, inspected and approved by the City. (e) At least three scheduled inspections shall be made by the City to ensure compliance with the Tree Preservation Plan. The inspections shall, at a minimum include the . 14 e e . following: (1) Initial inspection prior to any construction or grading, (2) After completion of rough grading and/or trenching, and (3) Completion of all work including planting and irrigation system installation. Other inspections may be conducted as required by the Community Development Director. 15-50.150 Tree Fund (a) Purpose and source of funds. A tree preservation fund shall be established for the City for the purposes specified in Section 15-50.020(z). The Tree Fund shall be funded by those fines, penalties, and other remedial payments which may be assessed by courts or administratively imposed, including, but not limited to, those provided for in Chapter 3 of this Code for violations of this Article. In addition, payments required for replacement trees pursuant to Section 15-50.170, as prescribed by the Community Development Director, or as a condition of development approval, or from payments made from a security deposit or bond, shall be held in the Tree Fund and used to purchase new and replacement trees. The Community Development Director and the City Arborist shall determine the selection, planting and location of any such trees. (b) Tree valuation. Lawfully removed trees to be replaced as a condition of development approval shall be valued and their removal compensated for as follows: Trees replaced on or off site according to good forestry practices, shall provide, in the opinion of the Community Development Director, equivalent value in terms of aesthetic and environmental quality, size, height, location, appearance, and other significant beneficial characteristics of the removed tree/s. The City Arborist shall calculate the value of the removed treels in accordance with the ISA Tree Valuation Formula contained in the April 2000 1SA Guide for Plant Appraisal, which is hereby adopted by reference. 15-50.160 Enforcement (a) General. The City shall vigorously enforce the provisions of this Article. Inspectors shall, in the course of their regular duties, monitor construction activities. Any observed violations shall be immediately reported to the Community Development Director for follow-up action. (b) Stop work orders. Whenever any activities are in violation of the provisions of this Article, applicable tree peTInit/s, Tree Preservation Plans, or conditions of project approval, a Building Inspector, Public Works Director, Community Service Officer, or Community Development Director shall issue a written notice to stop work on the project for which a violation has occurred. The notice shall state the nature of the violation or danger and with the exception of ordered remediation, no work shall be allowed to proceed until the violation has been rectified and any remaining activity approved by the City. (c) Cumulative remedies. All remedies in this Section shall be cumulative and are not exclusive. 15-50.170 Violations; penalties and remedies. 15 The violation of any provision contained in this Article is hereby declared to be unlawful and shall constitute public nuisance and an infraction. As either a public nuisance or an infraction, the violation shall be subject to the penalties or remedies as described in Chapter 3 of this Code and any other remedies authorized by the City Code, including, but not limited to the following: (a) Requiting that the violator obtain a tree removal, pruning or encroachment pemút for the previously conducted unlawful activity, including one or more of the following conditions as appropriate: e (1) the violator shall replace each unlawfully removed tree with one or more new trees which can be accommodated on the site of the violation according to good forestry practices and, in the opinion of the Community Development Director, will provide equivalent value in terms of cost (as detennined pursuant to the City Arborist's calculation of the value of the removed treels in accordance with the ISA Tree Valuation Formula adopted by reference), aesthetic and environmental quality, size, height, location, appearance and other characteristics of the unlawfully removed tree; or (2) where replacement trees cannot be accommodated on site according to good forestry practices, or cannot provide equivalent aesthetic or environmental quality of removed tree/s on site, the violator shall either plant replacement trees off site or make a cash payment to the City Tree Fund (based on the City Arborist's calculation of the value of the removed treels in accordance with the ISA Tree Valuation Formula adopted by reference), or any combination thereof, in accordance with the following: (A) To the extent that a cash payment is required for any portion or all of the value of the removed tree, such payment shall be doubled to reflect the estimated installation costs that would be incurred if replacement trees are planted; and (B) To the extent that the planting of offsite replacement trees is required, the retail cost of such trees, as shown by documentary evidence satisfactory to the Community Development Director, shall be offset against the value of the removed tree, but no credit shall be given for transportation, installation, maintenance and other costs incidental to the planting and care of the replacement trees; or (3) W'here the unlawful activity did not result in tree removal, but did result in tree damage, the violator shall enhance the condition of the remaining trees or portions of trees according to good forestry practices which in the opinion of the Community Development Director, will provide equivalent value in terms of damage to the tree(s), aesthetic and environmental quality, size, height, location, appearance and other characteristics of the unlawfully damaged tree; provide equivalent enhancement of the condition of trees off site or make a cash payment to the City Tree Fund (based on the City Arborist's calculation of the equivalent value of the unlawful damage to the tree), e (b) Any person who is required to plant replacement trees pursuant to this Section shall permanently maintain such trees in a good and healthy condition, for a minimum of five (5) years to ensure permanent establishment of any such treels, as determined by the e 16 · · · City Arborist. Such person shall post a maintenance bond or security deposit in a form prescribed by the Community Development Director and execute a maintenance agreement with the City, which shall be recorded in the office of the County Recorder. (c) As part of a civil acrion brought by the City, a court may assess against any person who commits, allows, or maintains a violation of any provision of this Chapter a civil penalty. Where the violation has resulted in removal of a protected tree, the civil penalty shall be in an amount not to exceed $5,000 per tree uIÙawfully removed uIÙess the replacement value of a tree uIÙawfully removed is greater than $5,000 in which case the civil penalty for removal of that tree shall equal the replacement value (excluding installation) of the tree. (d) Payment (to the extent authorized by law and determined appropriate by the Community Development Director) of any criminal, civil, administrative, or other penalty or restitution order into the Tree Fund. (e) The violation of any provision contained in this Article during the conduct by any person of a tree removal, structural pruning, landscaping, construction or other business in the City shall constitute grounds for revocation of any business license issued to such person. (f) All remedies provided in this Section shall be cumulative and are not exclusive. 15-50.180 Tree Companies Operating in the City Any business, which performs structural pruning or tree removal on protected trees in the City, must be in possession of a Saratoga business license, and must have an ISA Certified Arborist on staff, in a supervisoty position for the accomplishment of such work. 15.50-190 Possession of an Approved Tree Removal Permit Any person engaged in any conduct requiring a permit pursuant to this Article shall have in his or her possession a copy of the approved permit. Upon request of a Peace Officer, City of Saratoga Code Enforcement Officer or other City Official, the person engaging in the referenced conduct shall produce the approved permit. If the person cannot produce the approved permit, all activity shall be suspended until a permit can be produced or obtained from the Community Development Department. Section 3. Severance Clause. The City Council declares that each section, sub-section, paragraph, sub-paragraph, sentence, clause and phrase of this ordinance is severable and independent of every other section, sub-section, sentence, clause and phrase of this ordinance. If any section, sub- section, paragraph, sub-paragraph, sentence, clause and phrase 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. 17 This ordinance or a comprehensive summary thereof shall be published jn 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 _' 2003, and was adopted by the following vote following a second reading on the _ day of _,2003: AYES: NOES: ABSENT: ABSTAIN: NICK STREIT, MAYOR ATTEST: . CATHLEEN BOYER, CITY CLERK APPROVED AS TO FORM: RICHARD TAYLOR, CITY ATTORNEY . 18 e . . Cheriel Jensen 13737 Quito Road, Saratoga, California 95070 408 379-0463 RECEIVED NOV 1 7 2003 CITY OF SAD. 'Vi TOGA (!(!:(!~ (flY! -P/IJ. U1.A.'/ November 14, 2003 Saratoga Mayor and City Council Saratoga City Hall Fruitvale Ave. Saratoga, California Dear Mayor and Councilmembers RE: Tree Ordinance as proposed 10/15103 The attached article from the Journal Audubon. January/February. 2002. explains the issue of Eucalyptus-as-weed, the ecological issues of this tree, and how the conflict about this tree/weed has been playing out in the Bay Area. I submit it hoping it will be useful information in the development of the tree ordinance. Yours truly, Cherie! Jensen ~ America's Largest Weed Eucalyptus has its defenders, but today, 150 years after these "wonder trees" were first brought to coastal California, their dark side is coming to light. BY TED WILLIAMS (incite) !1oW@U SMELL LIKE A COUGH DROP WHEN YOU STUMBLE o@pfthe California woods, it's because 100 of the world's 6ØQ:species of eucalyptus grow there. None is native. They ..,¿iir¡¡,lmported ITom Australia during the second half of the 19th century as we were hawking our redwoods to the Aussies. "Wonder trees," the eucs were called, because they shot up in .coastal scrub and vast redwood clearcuts. Distillation ITom their pungent, oily leaves rivaled Dr. Kickapoo's Elixir for Rheum, Ague, Blindness, and Insanity. Eucalyptus was said to relieve pain, irritation, insomnia, malaria, vene- real disease, bladder infections, cystitis, diph- theria, typhoid, dysen- tery, and the "fetid smell of gangrenous limbs." Eucs were planted with varying success across America, but they took off in California. In 1876 Ellwood Cooper planted 50,000 euc seed- lings on his· ranch near Santa Barbara. Three years later they were more than 40 feet high; 32 years after that they were 175 feet high. Blue gum, the most popular imported euc, was unleashed in 1853. By the 1870s it was a dominant feature in Califor- nia's coastal and central landscapes. Groves doubled in area every decade. "Eucalyptus trees are being planted all over the bare foothills of southern California: effused Harry W. Dunn in 1906. Fueling the craze in the early 20th century was a statewide seedling-giveaway program run by the University of California Experiment Station. Speculators jammed eucalyptus seedlings into cutover land and then sold the property for huge profits. In Australia durable euc lumber had been milled from old growth. But in America the young, water-swilling euc pioneers were stuffed with sapwood. The few boards they yielded cracked when seasoned. Eucalyptus railroad ties threw their tracks. Soon eucs were being sold only as fire- 24 AUDU»ON January-Fehruary 2002 . wood, sometimes for just $1 per cord. As they continued to spread and grow, their thirsty roots blocked drains, tore up pavement, damaged foundations, and fueled wildfires. Of the many eucalyptus species that evolved with fire, none ·is more incendiary than blue· gum. "Gasoline trees," firefighters call them. Fire doesn't kill blue gums. Rather, they depend on fire to open their seedpods and clear out the· competition. And they promote fire with their prolifìc com- bustible oil, copious lit- ter, and long shreds of hanging bark designed to carry flames to the crowns. Blue gum euca- lyptus doesn't just burn, it explodes, sending fire- brands and seeds shoot- ing hundreds of feet in all directions. Living next to one of these trees is like living next to a fireworks fåctory staffed by chain-smokers. What are the costs of America's infatuation with the eucalyptus? And have we learned anything ITom it? My search for answers took me to Bolinas, California (popnlation 1,500), an hour north of San Francisco at the end of a mountain road that threads along bare, fogbound headlands. On a bright October morning Geoff Geupel, terrestrial program director for the Point Reyes Bird Observatory (PREO), led me through a grazing lease and down to Jack's Creek in Point Reyes National Seashore. Blue gum eucs towered to the west and east, long, leathery leaves drooping earth- ward, trunks light brown--almost white in spots---and looking as if they had flirted with a debarker. Between the euc groves, in the dry creekbed, grew some of the last coastal scrub in Marin County, a profu- sion of plants that belong here and are all vital to wildlife-coast live oak, California bay laurel, monkey flower, coyote bush, wax myrtle, California sagebrush, lizard tail, mule's ear, cow parsnip, willows, native bunch- . . , . grasses. The scrub had its own gray, understated beauty, a beauty largely unnoticed by the public. Coastal scrub never had a Joyce Kilmer to write sappy verse about it. Trees don't belong on t1ús riparian corridor or on most of the surrounding hills or, for that matter, in most - of earth's terrestrial ecosys- tems. When the Boy Scouts started cluster-bombing Marin County with seedlings, Ansel Adams helped run them out, declaring, "I cannot think of a more tasteless undertaking than to plant trees in a naturally treeless area, and to impose an interpretation of natural beauty on a great landscape that is charged with beauty and won- der, and the excellence of eternity." Geupel pointed out the rustling, fleeting forms of birds and called my attention to their vocalizations, most of them strange to my Yankee ears- the churring of wrentits; the quiet tseet of bush tits; the high, thin whistle of golden-crowned kinglets; the clicking of ruby-crowned kinglets; the metallic chink of California towees; the bossy flocking notes of white-crowned sparrows; the oh tit"" m£ of golden-crowned sparrows, fÌ'esh in from the Arctic and so full of blarney that they didn't know they weren't supposed to sing in autumn. In winter a resident race of white-crowned sparrows, rufous-crowned sparrows,. and Bewick's wrens (all declining) forage for insects in the green leaves of live oaks, wax myrtle, and' bay. They breed here, too. In the eucalyptus grove to the west we met perfect silence, a - scene from Keats's "La Belle Dame Sans Merci" in which the "sedge is wither'd from the lake and no birds sing." The eucs, I suppose, were beautiful in one sense, but their beauty struck me as cold and otherworldly, the beauty of the hollow- bodied fairy dame who sat sideways on the knight's horse before sucking out his youth. The aliens had sucked out the creek. As cues' trunks move.in the 'WÙ1d, their sinuous roots tear up huge chunks of earth that slide into the channel. A quarter-mile seaward they literally spill onto a beach strewn with their bleached car- casses. Trees totter on a high bluff, then fall, taking more topsoil with them. The OIÙY native plants we encoun- tered in the grove were shallow- rooted-mostly poison oak. I stuck my hand in euc leaf and bark litter and couldn't find the bottom; in California it can be four feet thick because the microbes and insects that eat it are in Australia. Native plants that manage to push through the litter often get poisoned; as a natural defense against competition, cues exude their own herbicide, creating what botanists call "eucalyptus deso- ( incite) . 26 AUDUBON January-Feóruary 2002 Fire doesn't kill blue gums. Rather, they depend on fire to open their seedpods and clear out the competi- tion. And they promote fire with their prolific combustible oil, copious litter, and long shreds of hanging bark designed to carry flames to the crowns. latian." Plants that are most immune include poison oak and pernicious aliens such as Cape ivy and English ivy. Eventually we heard a single ruby- crowned kinglet. Native birds do use eucalyptus groves, though the PRBO has found that species diversity there drops by at least 70 percent. Eucs flower in winter, attracting insects and insectivorous birds. To deal with the sticky gum, Australian honeyeaters and leaf gleaners have evolved long bills. North American leaf gleaners such as kinglets, vireos, and wood warblers have not; so the gum clogs their faces, bills, and nares, eventua1ly suffocating them or causing them to starve. Bird carcasses last OIÙY a few hours in the wild; if you find a few, it prob- ably means that lots of others died, too. One local bird author I talked to-Rich Stallcup, who writes for the PRBQ-told me that over the years he has found about 300 moribund warblers "with eucalyptus glue all over their faces." Says Stallcup: "We see a large number of gummed-up Townsend's warblers, yellow-rumped warblers, ruby-crowned kinglets, Anna's and Allen's hummingbirds, and a few Bullock's orioles. Anyone who birds around eucalyptus trees sees it all the time." Bird artist and birder Keith Hansen, who illustrates some of Stallcup's work, has found about 200 victims. "The worst one was last year--a yellow-rump," he says. "At first I thought it was deformed because there was such a dome of gum over its beak that it made a horn. The bird was hunched forward, breat1úng very heavily." If you try to remove the gum, the upper mandible will break off in your fingers. Gum isn't the OIÙY danger. Eucs give nesting birds a false sense of security, creating popIÙation sinks. For example, the PRBO has found that in eucs, 50 percent of the Anna's hummingbird nests are shaken out by the wind. In native vegetation the figure is 10 percent. "Birds will use these trees year after year, nesting but producing almost no young, until the population crashes," says Geupel. Somehow the public isn't getting the message about America's largest weed. After the PRBO published a Stallcup-Hansen article entitled "Deadly Eucalyptus," the group got a call from a woman asking what kind of eucs she could plant that were good for birds. ~;:Ja"'L EUCALYPTUS," IS WHAT RUSS ~ere, a dapper· Bolinas arborist Wl\'1i wears a vest to work, told me v.lh'è'n, I asked him what he did. But Riviere is more than a cue euthanizer; he is a champion of native ecosys- tems. When he finishes a job he fre- quently turns the site over to his friend Ann Young, an energetic and upbeat restoration ecologist who spends her life planting everything Bolinas and its vanishing wildlife are running out of. Riviere met me out- side my room at the 151-year-old Smiley's Schooner Saloon, and we drove to the current job site, where, among crasrung eucalyptus trunks and limbs, he introduced me to rus crew. The streets on this "mesa," as the local plateaus are called, were named by easterners for trees that don't belong here. This site w.J.S on Elm Street. From Elm Street we moved down to Pine Gulch Creek-also eroded and dewatered by eucs, to the peril of its few remaining coho salmon and stedhead (both threatened). On another creek-where cues are pro- tected because they're wrongly said to provide sanctuary to monarch but- terflies-we encountered invading eucs, some being hauled down by Cape ivy. On both creeks the eucs have completely clogged the corridor to the sea, important habitat for all sorts of birds, including shorebirds that need to move up into creeks when the tide covers mudflats. Monarch butterflies do roost on certain eucalyptus trees in winter, a fact used to full advantage by those who believe that all trees are always good no matter where they came £rom or where they were planted. When the eues weren't there, neither, apparendy, were monarchs-at least not in noticeable numbers. Perhaps they migrated down the coast until they encountered native trees .like Monterey pines. Geupel believes that eucs may create monarch sinks the way they create bird sinks-that is, monarchs are attracted to them, then get blown out by storms, perisrung by the tens of thousands. "Monarchs are declining, and I would argue that eucs may be the reason," he says. than that," declared Riv- iere. The board didn't have much money, but he agreed to be paid in part by grave sites. Riviere's crew had barely cranked up their chainsaws when Madeline Muir appeared. "Eucalyptus has a right to be here, too," she later informed me. Muir doesn't buy any of the stuff about Hre hazards, eucalyp- tus desolation, swamping of native ecosystems, or suffocating birds: It's all "hysteria built up to make a lot of money." In a poem, published in the October 5, 2001, Bo/inas Hearsay News, she compared the razing of ( incite) ONE. DAY LAST SUMMER RIVIERE WAS #vi~g);!past the Bolinas cemetery w4fn~~ saw Josiah Thompson, vice- presidêÍlt of the cemetery board, slasrung away at euc saplings. The place was rank with eucs of all ages, a Little Shop of Horrors with serpen- tine roots hauling down gravestones. No cadaverous feet were sticking through the dirt yet, but that proba- bly wasn't far off. "You can do better . The eucs were beautiful in one sense, but their beauty struck me as cold and otherworldly, the beauty of the hollow-bodied fait)! dame who sat sideways on the knight's horse before sucking out his youth. alien trees to the razing of the World Trade Center: "Terrorism, in all its forms, is not for mc. Stop the vio- lence. Stop the violence." As Riviere worked, Muir leveled a video camera at rum and started ask- ing hostile questions. "She got hostile answers," recalls Thompson, who provided them before Riviere could speak. Shortly after Muir turned the tape over to the Marin County Com- munity Development Ageney, the deputy sheriff appeared and ordered Riviere to stop work. In letters to the public and to the cemetery board, the county announced (falsely) that these eues might be important to monarch butterflies, wruch it claimed (falsely) "are listed as an endangered species by the federal government." Therefore the cemetery needed a "coastal per- mit" of the sort traditionally required of developers. Cost of the application: $1,400. Thompson drove to the development agency and asked to see the map of important monarch roosts the agency used to make its determi- nation. Nobody could produce one. Finally, he got a lepidopterist to inform the development ageney that the cemetery eucs had never been used by monarchs, and it backed off. Meanwhile, however, it has been warning property owners who des- perately desire to cut their eues that they may need to file $1,400 coastal- permit applications. Moreover, the public, the county, and the National Park Service seem singularly unconcerned about the many species of butterfly that evolved with coastal scrub and that are dying out because eucs have killed it. A good example is the threatened bay checkerspot, whose larvae feed on a tiny, narrow-leaved plantain that grows in the Jack's Creek corridor. The Xerces blue butterfly is thought to have been made extinct by eues. Marin County paid no attention to monarchs before the "cue wars" started two years ago. Mature eucs on Bolinas's 90-acre sewage-disposal area were creating an extreme fire hazard in the town's populated area. Riviere found a company that sold euc chips to the paper industry and was willing to haul off the logs at almost no cost to the town. When a citizens' study group, led by Ann Young, suggested cutting a one-acre test plot and restor- ing native vegetation, residents rallied to the defense of the eues, forming an opposing "study group." Spokespeople from the logging company, on hand to answer ques- tions, were greeted with chants of "Save the eucalyptus." Removal would be "clear-cutting," proclaimed the eue defenders, "genocide," "ethnic cleansing." Moreover,. it would cause "global warming." Those pusrung euc removal were "plant Nazis." Ann Young and the equally tireless and talented activist-author Judith Lowry, who scratches out a living propagat- ing, selling, and promoting native plants, were heckled when they spoke. Euc branches were shaken in their faces. They were "in it to get rich." The sunless, impenetrable monoculture was a "cathedral," a "sacred grove," an "old-growth forest." . . . 28 AUDUBON January~February 2Q02 ( incite) · Someone had given birth under a euc) someone else had been baptized under one, someone else married. A poem was submitted, suggesting that the trees be consulted. Eucalyptus cough drops were distributed. "Humans aren't native either," someone testified. Most of all, the defenders argued that mon- archs require eucs. The county swal- lowed it hook, line, boat, and motor, and this past summer the development agency made it clear to sewer officials that there would be no cutting without a coastal permit. So political is the scene that the town has decided to do nothing except remove new saplings and the few mature trees that have hold of sewer pipes. Speaking for the anti-cutting study group is Judy Molyneux, who paints superb pictures of eucs. She would hate to think she had been painting "bad" trees. "I don't buy the argument that we have to preserve native habitat," she says. Besides, "the cues have been here so long they've become native." She knows this because she once read something by a biologist who studied eues "right after they came to Califor- nia" (that is, in the mid-19th century) and, having noticed that the structure of the seeds had changed, "postulated that we are giving birth to a new form of eucalyptus." Molyneux now reports that "the eucalyptus forest is a home for great horned owls. They make the most splendid sounds, and I love the fact that they're here." The PRBO does not. Despite its lack of conifers, western Marin County holds the world's largest known concentration of northern spot- ted owls, which, because they didn't evolve with significant numbers of great horned owls, are docile and trust- ing and therefore one of the great homed owls' favorite prey items. Euc paintings by Molyneux's dead mentors-the "Eucalyptus School" of California impressionists-are much coveted by art collectors, especially because there are now so few of them. In 1991 many of the best examples were incinerated, along with the houses of the Berkeley professors who owned them, when real eucs fueled the · · 30 AUDUBON January-February 2002 Oakland Hills fire-which killed 25 people, destroyed 3,000 buildings, and is com- monly cited as "the most destructive wildfire in U.S. history." Nine years earlier a report identifÿ- ing the danger and recommending euc removal had been submitted to the city of Oakland by the East Bay Regional Park District and other fire authorities. The city ignored it. As a result Oakland got hit with a broadside of negligence suits. Liability risk to Marin County is even greater because it doesn't just ignore advice from fire experts, it spends money preventing that advice from being implemented. ¡;:VEN'BY CALIFORNIA STANDARDS, ~~I;r\;s is funky. Residents tend to be y,r¢n:to-do, artsy, passionately given to ìlli~ía.Í" causes. Bumper stickers and posters exhort the populace to "save the redwoods," heed the ghostwritten pronouncements of Chief Seattle, seek "justice NOT revenge" in Mghanistan, go "Dancing With the Planets." For 30 years there has been a building mora- torium. Tourism is anathema. There's only one road into Bolinas, and ~very time highway officials alert the world to the town's existence by. erecting a sign, someone rips it down. Might Bolinas be an anomaly? No. The city of Santa Cruz, for example, protects eucs under-of all things--a Heritage Tree Ordinance. A euc qualifies for "heritage tree" status when it's about 16 years old-that is, when the trunk two feet from the ground is 16 inches in diameter. To cut one, even on your own propert,y, is a criminal offense punishable by a fine of not less than $500. You can apply for a permit, but the overwhelming majority of applications get turned down. For a decade Robert Sward, an En- glish professor at the University of Cali- fomia-Santa Cruz, has been trying to get permission to cut the blue gum eues that overhang his house and rain flam- mable litter on his roof. "This is no frivolous undertaking," he remarked. "It would cost us $3,000. When we tried to trim the limbs the workmen were chased out of the trees by the [Santa Cruz] Parks and Recreation Department." For three years one of his neighbors, Geraldine Kaspar, has been trying to cut the huge, sickly, litter- spewing euc that is growing into and over her house and poisoning her lawn with toxic drippings. Now the roots are ripping up her driveway. If the damage continues, the repair bill will be several thousand dollars. Kaspar tells me she'll try one last time for a permit, then cut the tree and pay the $500 fine. Usually the only thing that happens when Santa Cruz fire marshal Mark Latham recommends euc removal to, the city fathers is that it "gets studied," he says. "We have categories of flam- mable plants, and eucalyptus is way up at the top--almost off the scale. It's a nasty situation." He calls the Heritage Tree Ordinance "pretty prevalent up and down the coast." W!lERJ!YER~AGERS HAVE DARED to~~~calyptus trees, ecosystems h~Yf'i~iback. Amid native shrubs and :grasse§:' pushing up between gray euc stumps, I stood on Angel Island, which juts 781 feet out of San Fran- cisco Bay. Beside me was David Boyd, resource ecologist for the California Department of Parks and Recteation. Pivoting from right to left, we admired the towers of the Golden Gate Bridge reaching through a fog bank, then the city of San Francisco, the Bay Bridge, the UCal at Berkeley tower, the Rich- mond Bridge, and China Camp State Park, 20 miles away over hazy hills. Sailboats and pelicans drifted across the azure bay. A distant bell buoy chimed. Ten years ago the only view here was peeling euc bark. Restoration hadn't been easy, Boyd explained. There had been fierce opposi- tion from a group called POET (Pre- serve Our Eucalyptus Trees). Having frightened the National Park Service into abandoning an ambitious plan to free the Golden Gate National Recreation Area of eues, POET fired off a salvo of verse-a poem lovely as a giant weed in w1ùch it quoted the. eues as they cried out against arboricide: "We love our home / Here on the isle / We love our fellow trees, plants, animals / And people IWe would love to continue living / But we have no voice." Boyd was called a "plant Nazi" and accused of plotting to "eradi- cate history." When the department's consultant testified that it was okay to get rid of invasive nonnative plants, POET countered with, "The next thing we're going to hear from you is that get- ting rid of all nonnative people Is okay." In an attempt to cover itself, the depart- ment undertook a study, publishing a 265-page report six months and 525,000 later. POET found the report inadequate and sued, so the department undertook an environmental review, which con- sumed another six months and another 525,000. By then the chip market, w1ùch would have paid for the tree removal, had dried up. So the department had to cough up 5200,000 to have 16 acres logged by helicopter. The rest of the operation, 64 acres, cost another 5200,000. When the work was finally com- pleted, in the spring of 1996, there was angry talk about how the department had constructed a building without hold- ing public hearings or even telling any- one. The eyesore was plainly visible from the mainland amid a mix of bay laurel, large toyan, madrone, and coast live oak. The department had even painted it red The building, Boyd and his col- leagues explained, was a hospital built by the U.S. Army in 1904. For almost a century it had been hidden by eucalyp- tus monoculture. ~- TED WILLIAMS wrote on reckless tree planting in the May 1991 Audubon. · Environmental stewardship . Green, not greed . Protect old-growth ~ o ~ 00 <T 00 >< · ~ ~ > " · · M U >< '0 " ~ · · M Ü · § ." " · "" "" o '" " " ~ ~ '" · · "" ~ Q · >< · · · · >< Mutual funds even a redwood could love · Q .g · " · · " · · >< o '" '" " > o >< '" , " 0-< o " Q · " o >< '" When companies damage old-growth forests in search of profit, we think they're barking up the wrong trees. In our opinion, damaging the environment in any way is bad business. It can lead to debilitating fines, law- suits, cleanup costs. consumer boycotts. and EPA- mandated shutdowns. So we've created the Pax World Fund Family, four mutual funds that subject potential investments to rigid environmental- and social-responsibility screens as well as rigorous financial scrutiny. With their low ($250) minimum initial investment, our funds can be used in a full range of low-fee lRAs. For more information, including charges and expenses, please request a prospectus which should be read carefully before investing. · '" · · >< '" " o " " · · >< " · '" ." '" · '" >< ~ · " · · " ro · o ~ 0-< " rn 0 " ro " . ~ Principles + Performance. . § 1-800-767-1729 www.paxfund.com 1;' ~ . > <T " 0 ~ IrTæs1frer;Mrnaod~valœRl1frisetrl2J]roN~,mreó:t:lÆd,rœ¡œ'llOl1hrooreorl!sslhanlteiraigimlCOSl NoIøTtet2OO1.DìstrW(f:H.G.~IØþ;1&Co,1œ. @ . ,\.D.i:8U8 ~!.}:;~U.1:a4.T"e ;:¡O'S'J:EÇi:)U:¡: . se:tst?M ::q:xo:) :)t?e:I.L . SUle:)aÁso~e P A X W,'" R L D · '" ro '" " o ro . " ro " · !' " ro o '< o .... ro · '" " ro ~ " <T " o .... .... ~ <T ", g · n .... ro · " · ". " o .... ro · " < · <T ro " . o .... ro · " ro " ro " "' '< · " ". " "- s ". " ro · · 00 <T ro · n o · · ro " < m m · " <T 0: e City Hall .rom: ent: 0: Cc: Subject: Marcia Fariss [marcia@gizmology.com] Saturday, November 08, 2003 5:04 PM City Hall waltonsmith@comcast.net Re: 12-3 meeting RECEIVED NOV 1 8 2003 CITY OF SARATOGA Mayor Streit¡ City Council Members I As I am uncertain as to whether I will be able to attend the City Council meeting on Dec. 3, I am relaying my thoughts via e-mail. RE: Tree ordinance The final tree ordinance needs to be strictly and consistently enforced. Every current and future resident should have a copy of the ordinance so that ignorance is not a viable excuse. (Immediately after its acceptance by the City Council, a copy should be mailed to every household. Copies should be given to realtors selling homes in Saratoga so that potential and actual new homeowners are informed.) In addition to heavy fines for violation, if comparable trees are not promptly replanted on the property, then the cost of replacement trees should be given to the City. The City can then purchase an lIequal value!! tree for planting in an appropriate location in Saratoga. The last issue is enforceability. The ordinance must be easy to enforce, which means staff will need to be vigilant; residents should be encouraged to be 110n sitetl eyes and ears for City Staff. RE: PG &E trail; I prefer a low key, inexpensive, low maintenance _approach. Instead of asphalt, consider small sized gravel or granite fines" for the surface. The trail should be left as natural as ossible, so long as it is safe. Unless federal or state regulations require wheelchair accessibility, there is no need for asphalt. Over time, maintenance of the trail will likely be significant; therefore, a sufficient reserve needs to be in place. Lastly, the trailheads should be accessible only from city streets or sidewalks with only limited identification to help reserve the trail for locals. That approach should discourage it from becoming a l1destinationll trail. Thank you for considering the above comments. Marcia Fariss Saratoga Glen Place . 1 . . . SARATOGA CITY COUNCIL MEETING DATE: 3 December 3, 2003 ORIGINATING DEPT: City Manager's Office AGENDA ITEM: CITY MANAGER: &....-.-/ ~ PREPAREP BY: Lorie Tinfow DEPTHEAD: SUBJECT: Alternate Proposal for the Commemorative Bench for WiIlys Peck at the Saratoga Library RECOMMENDED ACTlON(S): Consider an alternate approach to honoring Willys Peck with a bench at the Saratoga Library. REPORT SUMMARY: At the October 1 meeting, staff presented a request by the family of Willys Peck to install a teak bench and landscaping in celebration of Mr. Peck's 80th birthday. The Peck family offered to contribute $2000 to the project and submitted several ideas for landscaping prepared by a landscape architect. Council approved the special teak bench requested by the Peck family and directed staff to work with the Library Commission on the landscaping details. Council also limited the amount of City funding for the project to that already budgeted for sod and irrigation in the dirt area south of the community room patio, a total of$1700. Staff presented Council's direction to the Library Commission at their October meeting, and explained the financial limitations and asked for input on the design within the financial constraints given-a total of $3700 ($2000 donated by the family and the $1700 already budgeted). The Commission initially balked at installing a non-typical bench at the Library site for a number of reasons. The alternate suggestion put together by Council Liaison Norman Kline, Library Commission Chair Anne Cross and Betty Peck is to select an existing bench on which to install a commemorative plaque. In addition, one of Mr. Peck's columns about the Heritage Orchard from the Saratoga News will be reproduced and installed in some fashion adjacent to the bench. Should the location of an existing bench not be suitable, a new bench will be ordered and installed in a location that relates to both the library and the orchard. Staff is requesting final direction on how to proceed. FISCAL IMPACTS: The project is limited to a total of $1700 from City resources which are already shown in the Public Works budget. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: No decision would be made on the addition ofthe commemorative bench. ALTERNATIVE ACTIONS: 1. Install the teak bench only 2. Implement some modified version of the plan FOLLOW UP ACTION: Staffwíll implement whatever direction Council provides. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: None. 20f2 . . . . . . SARATOGA CITY COUNCIL MEETING DATE: December 3, 2003 'Y CITY MANAGER: ,V~~ DEPT HEAD: crDAA. ~~ AGENDA ITEM: ORIGINATING DEPT: Public Works PREPARED BY: Carv Bloomquist SUBJECT: DeAnza I PG&E Trail Public Process Options RECOMMENDED ACTION(S): 1, Determine type and composition of body to conduct the public input process and project development. 2. Provide direction to staff regarding the use of a professional facilitator to assist with the public input process. 3. Direct staff to develop a cooperative agreement with the VTA and draft an escrow agreement with the anonymous donor for the purposes of procuring funding for the project. REPORT SUMMARY: At their October 15, 2003 meeting, City Council directed staff to move ahead with the process of developing a pedestrian/cycling trail on PG&E right-of-way lands running parallel to the railroad tracks between Saratoga and Saratoga/Sunnyvale Avenues. Council specifically requested staff generate options for an active public process and project development, which will occur over an estimated 12-24 month time frame, and to bring these options back for review by the City Council at a future meeting. Public outreach for this meeting (attachment B) consisted of the following: Direct Mailer card to all 11,800 Saratoga households; Letter to 420 households within 500 feet of proposed project; hand delivered same letter to over 50 homes in the Fredericksburg Drive neighborhood due to previous area resident complaints of not receiving meeting notice. Action 1: As per Recommended Action No. I above, detennine type and composition of body to conduct the public input process and project such as the following: . Parks and Recreation Commission . Council Adhoc . Blue Ribbon Committee . Action 2: As per Recommended Action No 2 above, provide direction to staff regarding the use of a professional facilitator to assist with the public. As was done for the Gateway project, a professional meeting facilitator, with staff support, would handle the public process and develop a project Master Plan. If a public facilitator is not used, staff could conduct this public input phase of the project. A consultant would still be required to implement the development of a project Master Plan. Staff recommends the following project development process: · Hold Community/Public Input meetings conducted by the Council chosen body utilizing one of the two options for facilitation and provide periodic reports to City Council at a yet to be determined schedule. · Develop project Master Plan upon completion of initial analysis, and after clear parameters for trail development have been established considering all public input. Once completed, submit Master Plan to City Council for approval via a public hearing or hearings. · Retain the services of a design consultant to develop plans and specifications for . construction and submit final plans to City Council for approval. · Bid project and submit construction contract to City Council for award. Action 3: As per Recommended Action No 3 above, direct staff to develop a cooperative agreement with the VT A and draft an escrow agreement with the anonymous donor for the purposes of procuring funding for the proj ect. FISCAL IMPACTS: Depends on City Council's direction. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): Public process options wí11 not be determined and the project would not move forward with likely loss of project funding from the VTA. ALTERNATIVE ACTION(S): Council determines an alternate project process. . . . FOLLOW UP ACTION(S): Depends upon the direction by Council. ADVERTISING, NOTICING AND PUBLIC CONTACT: As directed by Council, advertise each project public meeting by utilizing direct mailers, web site posting, and the newspaper. ATTACHMENTS: Attachment A ~ Public correspondence received since October 15, 2003 Meeting Attachment B - Public outreach examples Cary Bloomquist From: Sent: To: Subject: Cathleen Boyer Wednesday, November 26,2003 10:43 AM S Gf tJOoý1} .. Cary Bloomquist V f FW: December 3,2003 De Anza Trail City Council Agenda Item one more to include -----Original Message----- From: Skiing for Smarten [mailto:s4s@ìx.netcom.com] Sent, Tuesday, November 25, 2003 7,20 PM To, Cathleen Boyer Subject: December 3, 2003 De Anza Trail City Council Agenda Item I submit this e-mail in support of the proposed De Anza Trail matter calendared for December 3, 2003's City Council Meeting. I apologize for not appearing in person but hope my comments will be considered. I am and for nearly 30 years have been a resident of Saratoga. I am thrilled with the prospect of one day being able to safely and efficiently [why ride 20 miles when you can do it in 12?] cycling from one end the Bay Area [Lake Vasona] to another [Shoreline Park} without having to worry about navigating pUblic streets. In these budget cutting times, to have proposed a public project like this that improves the community without monetary cost is a rarity; in my view an opportunity which if not seized will be lost forever [or at least during my lifetime] . Just because San Jose, Campbell and Cupertino do not have access to a PG&E easement as does Saratoga and as such must potentially wait 10-20 years for UPR to abandon its three trips/week to the Kaiser Cement Quarry, does not mean Saratoga should do nothing. If . Saratoga does not take advantage of committed VTA funding, those funds WILL be given to another community and potentially lost by Saratoga forever. Of course if Saratoga uses those funds to build an attractive trail, it may very well become a catalyst and model for surrounding communities to one day construct their own comparable trail extensions. We should not think of ourselves as living in a vacuum¡ sometimes we must be leaders rather than followers. In Saratoga, this is such a time if we want to be able to use our City as a base for cycling or jogging to other communities. To those few citizens who already use the unimproved right-of-way under consideration as a de facto unpaved trail and simply like things the way they are [i.e., â€œif it isnâ€~t broken, why fix it?â€ ], I point to the statements of others on October 15 to the effect the right-of-way has suffered over the years because of neglect. If these observations are true, the right-of-way IS broken and DOES need fixing. Here's the opportunity which if not seized means years more of neglect. To these same citizens who appreciate having access to their own private right-of-way [at someone elseâ€ms expense of course]¡ I remind them it's NOT their private path [it belongs to the community as a whole). Of course if these citizens are prepared to compensate the rest of us for the public benefit they currently enjoy at our expense, I may have a different opinion. But assuming they aren't, in my opinion their opposition is biased. To those homeowners who back up to the proposed Trail and fear a paved path may attract criminal elements thus reducing their property values [i.e., NIMBS (not in my backyards)], the evidence already presented on October 15 is that the Trail will actually increase property values. To the extent these homeowners are more concerned with their property values than the interests of the community as, a whole, I again suggest they compensate the rest of us for the public benefit they want maintained nas iSIl for their benefit at the public's expense. Assuming they won't, their opposition is equally biased. Whatever concerns adjacent property owners may have to the Trail once configurations and 4IÞ designs are proposed, I think can be addressed at that time. But to axe this important public improvement at the start before any configurations or designs are proposed, is short sighted and unfair to the rest of us. 1 . I urge the Council to proceed as I thought it had agreed to proceed on October 15 to make an attractive trail through Saratoga a reality. 4IÞank you for your consideration, Aaron Katz (Bohlman Road] . . 2 Page 1 ofl To: From: Jeffrey D Pugh [jeffrey.pugh@sbcglobal.net] Sent: Tuesday, November 25, 20038:32 AM wtbrooks@brookshess.com Cary Bloomquist; sbogosian@aol.com; nstreit@cpa-online.com; Waltonsmith@attbi.com; kk2king@comcast.net; kline@caspr.com Subject: Proposed trail along PG&E right-of-way ,vo 5c¡pPCJ f't- . Cary Bloomquist Cc: Dear Mr. Brooks, Yesterday I received your thoughtful, well-researched, and reasoned letter about the trail. I have examined the material you referenced (on your firm's website), and considered my response on the issue. I am copying this email to Cary Bloomquist and the council as part of my public input on this process. As a neighbor whose property immediately adjoins the proposed trail area, I have these comments: 1. Most of the studies you cite refer to reuse of rail right-of- ways as trails. Given that this is stil1 an active UPRR track, I don't see that the survey results are directly comparable. If you could tell me that UPRR is shutting down the rail-line and the City is buying the right-of-way, then *that* would be something worth considering. 2. In the surveys, most property owners "immediately adjoining" the trail saw little or no financial benefit. However, there are several reports in your citations of increased foot traffic, and therefore presumably noise. Right now, the trail gets minimal use, and generates minimal noise - I certainly don't . want that to change. My experience in Burlington Vermont, with bike/foot trails that ran past houses indicates quite the opposite to the benefits you cite. 3. You encourage us to "get involved" to ensure that the trail turns out in the way we would like. Unfortunately, my recent experience with public input (for the Blue Hills Traffic changes) convinces me that the so-called public input process can be easily hijacked by a small, non-representative group who gain early momentum with the council. I see no reason to let this happen here. 4. Finally, I am suspicious of any so-called altruistic anonymous individual who helps finance such a trail, and have.to believe that the unidentified person wil1 have disproportionate influence in the planning and layout of any trail. Without knowing who it is, and being able to question ms/her motives, I will certainly not be supporting this trail. Jeffrey Pugh 12215 Fredericksburg Drive . . . . f\)O SU'ff~hÎ Dear Saratoga City Council Members: RECEIVED NOV 2 ( 2003 CITY OF SARA TOGA (!Œ '. a iJiuUt-t - ('" '"/JI/)Cyr.,~ November 18, 2003 r am against the pending installation of an exercise track along the PG&E right-of-way adjacent to the Union Pacific Railroad track .from Saratoga-Sunnyvale Rd. to Cox Ave. r have the following concerns for the neighborhoods such as mine wlùch are adjacent to the track and particularly for those houses that back-up against the track: Even though the track will probably attract people for the intended purpose of exercising, I believe it has a high probability of attracting undesirable people for the wrong reasons. r believe that the threat of burglary to houses in close proximity to the track will be significantly increased, particularly to those houses that back-up against it. The track will allow the velùcle (a truck, a motorcycle, or just a bicycle) of a person who jumps the fence fÌ'om a backyard to get away quickly, out of sight from the surrounding streets. I believe that people will be loud and will probably use noisy equipment such as skateboards. I have heard that there will be lights along the track which would be disruptive to the houses that back-up against the it as well a prolong the hours of use ofthe track and its associated noise. I am not aware of a special parking lot for the users adjacent to either end the PG&E right-of-way. rfthere is none, then the users will undoubtedly park on the neighboring streets filling up the curbs and reducing the appearance, privacy, and serenity of the inhabitants. For example r believe a street such as Fredricksburg, where there is presently a wide paved walkway access from the street to the railroad track for the purpose of allowing children to cross over to Blue Hills Elementary School, will become a primary parking area. I live on the very short street of Sumner Dr. which runs into the longer Fredricksburg and which has four homes that back-up to the track. Sumner Dr. àlso intersects Blue Meadow Ct. which has two more homes that back up to the track. There is a very narrow but paved walk-way from the end of Blue Meadow to the track, which is presently obscured by brush, but which will undoubtedly be discovered and used for common access. This would probably result in parking on Blue Meadow and Sumner as well. . I trust the city of Saratoga, PG&E, and Union Pacific have given consideration to the hazards of using the track and the liability insurance that will probably need be provided. . Thank you for considering my complaint. p.2 of 2 . SM-I! ~ Milton H. Wehrman Member of the Sumner I Blue Meadow Nejghborhood Watch 12525 Sumner Dr., Saratoga, 408-253-8387 . . Message Page 1 of 1 tr:ary Bloomquist From: Cathleen Boyer Sent: Wednesday, November 19, 2003 3:40 PM To: Cary Bloomquist Subject: FW: PG&E Trail ~0ff0j/1 f for staff report -----Original Message----- From: Nicholas G. Streit [mailto:nstreit@cpa-online.com] Sent: Wednesday, November 19, 2003 3:36 PM To: Cathleen Boyer Subject: FW: PG&E Trail -----Original Message----- From: Tom Zimmerman [mailto:tomzimmerman@sbcglobal.net] Sent: Tuesday, November 18, 2003 4:41 PM To: sbogosian@aol.com; nstreit@cpa-online.com; Waltonsmith@attbi.com; kk2king@comcast.net; kline@caspr.com . Subject: PG&E Trail Please support the proposed trail. Tom Zimmerman 12166 Natoma Ct Saratoga CA (408)725-1867 . .. Message Page 1 of3 From: Cathleen Boyer Sent: Monday, November 17, 2003 9:44 AM To: Cary Bloomquist Subject: FW: VOTE YES for PG& E Trail in our neighborhood 91 fP oj/! t- . Cary Bloomquist Hi Another correspondence for you report! thanks CB . -----Original Message----- From: Nicholas G. Streit [mailto:nstreit@cpa-online.com] Sent: Saturday, November 15, 2003 2:36 PM To: Cathleen Boyer SUbject: FW: VOTE YES for PG& E Trail in our neighborhood Cathleen New e-mails on trail Nick -----Original Message----- From: GLONER,ROBERT (HP-SantaClara,ex2) [mailto:robert,gloner@hp.com] Sent: Monday, November 10, 2003 2:23 PM To: 'sbogosìan@aoJ.com'; 'nstreit@cpa-online.com'; 'Waltonsmìth@attbi.com'; 'kk2king@comcast.net'; 'kline@caspr.com' Cc: GLONER,LAURA (HP-PaloAlto,ex1) Subject: VOTE YES for PG& E Trail in our neighborhood . Hello City Council Members, Please vote "YES" and approve the trail mentioned below in our neighborhood, we live at 12649 Lido Way, Saratoga CA 95070. Regards, Robert Gloner -----Original Message----- From: Katie Alexander [mallto:katie@alexander.org] Sent: Monday, November 10, 2003 12:53 PM To: katie@alexander.org Subject: Info on PG& E Trail in our neighborhood--Please Write to City Council The City is considering making the PG&E right of way that goes near our neighborhood into a trail for residents. I think it would be a real asset for our neighborhood. Unfortunately, there has been a petition circulating with false information, that is creating quite a bit of fear among the nearby residents. I would like to help clarify situation. I've talked to Council member Arm Waltonsmith as well as Park and Rec commissioners. Here's what I know--- The DeAnzalPG&E trail has been discussed several times by the City Council. The funding for the trail . would come in part from the VT A bicycle fund, and in part from a private donor who happens to use it. There is a time limit on the VT A money. Due to the limited finances of the VT A, ifthe City does not Message Page 2 of3 show interest in the trail, VT A will probably reassign the money to other projects in the County. On ~ecember 3rd, the City Council will discuss options and how to proceed in the design process. Of .course, you are all encouraged to attend or write in (links & info below). I happen to be in favor of the trail because I use the RR-PG& E area for walks. It would be nice if it was level to walk on. If the City took responsibility for it, they could reduce the unwanted nighttime teen activities (alcohol, driving in the dirt, etc) which would help the nearby residents. Since all parks and trails in the City close at Sunset, the Sheriff could be called, if needed. The City might have a way to keep the coyotes out too! Also I think it would be really great if one day, we could ride our bikeslwalk to Library, Gardinier Park or West Valley College area. I do not know how this trail would link up to the numerous hillside trails in Saratoga, but I believe it would go near the Parker Ranch trail for hillside access. The fact that it would help our property values is just a bonus. I think this trail would be a big asset for our area. I hope you write to Council in favor of creating it. . The petition circulating in the neighborhood has a lot of false info. Here are the facts--- I. NO exact trail path has been designed yet. That will be done with the help of an ad hoc Committee in the future. Any diagram that may have been passed out is not a detailed plan. A simple diagram was generated 3 yrs ago for general concept discussion purposes only. 2. Saratoga does NOT plan for the trail to be for motorcycles. Motor vehicles are not allowed on trails in the City. 3. Saratoga does NOT plan to have parking allowed or big trail heads on the trail. We do not have these at other city trails. Generally, the City trails are more like a simple walking path (asphalt or gravel walkway) for residents. 4. Saratoga does NOT plan to have city street parking areas for "outside" hikers and bikers. It is just going to be an all seasons surfaced trail for Saratogans. Although the trail is open to the public, it is unlikely that county residents from as far away as Gilroy would ever come here to walk on our trail. The trail will mostly be used by us and our neighbors. 5.The trail is going to be for residents to access either from their backyard gates, or from City street sidewalks, just as we do now. (Saratoga-Sunnyvale, Cox, and Quito) 6. The City of Saratoga will have safety patrols and clean up services, but the City can not have them now because they do not have permission to be on the private land. Technically, those of us who are using it now do not have permission to be there either. 7. The City of Saratoga will manage the weeds more effectively than PG&E does now, then fires will be less likely. 8. Saratoga has no plans to cut down any trees on the PG&E easement. The area is open enough to go around any tree on the property. The truth is that PG&E needs to keep the land clear for the protection of their power lines. 9. The City has researched the impact on vandalism, liability, real estate values, litter, alcohol use on other trails in other cities. Apparently trails are an asset to the neighborhoods. (Wouldn't it be nice if our property values actually increased?) There are copies of the research at City Hall, if you want to get a copy. . No matter how you feel about the proposed trail, the City Council would like to hear your informed opinion. It is on the agenda for Dec 3 for discussion. You can check the City's website closer to the date Message Page 3 of3 to get a firm time. You are a1so we1come to e-mai1 the City Counci1 (remember to include your street address on the e-mail). Please Write in----- You can scroll down on the City webpage--- http://saratoga.ca. usl elected.htrn OR you can èut and paste their e-mail addresses here--- sbogosian@a01.com,nstreit@cpa-online.com, Waltonsmith@attbi.com, kk2king@comcast.net, k1ine@caspr.com Sincerely, Katie Alexander G01eta Ave . . . .~: ~~~~o "J)..Qcu. ~ ~~: µ~ ~~ ~~ 3()~ ~ 6~A-1Á ÆffiQA-::L", ~ cJv \2Þ'[S ~ u.J \j~~ . -to~~~ ~/·' ~~~~G¡~t.~ ~~~ èr~.+-o~~~~U~ .~~Cw-x-~ . I~~ Úfi- . ~ ~~~~.~ ~CL-C' ~,~ . ~~~~ ~ ' ~~~oJ~ CA.A _ ~ ~ lJvC:' ô-P ~ ~ . . ' LC'~ M~~ ,C 0 ° K:t L n 0 - ~ ~.\), 40 ~ y-x-^-. ~~~~~~ , LT\Y-'-. ~ · ~i o~~. ~ ~.o 00_ J.) N~ ~~L- ~ V~'1r~ ~~ ~ I ~ ~~ ~~---iJ.~ CL.' ~ '~~~~ o-f ~ð-v-: III "2ð03 IV 0 5 clfe(Jr+ ~ .,,~ . ~.~ ~ ;ø. ~ ) ~~~ ~ -\-ö ~~~D' . . ~+-v~~~-~ci · (a..'). ~ (b')~ ~ ~ ~I . ~ 2.) ~~~T"A~' ~4~cc..-' fv~ ~ ,~~ ~~ ~ ~ Jf ~ D· Ú~ ~~I ~~~. . ~7. 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Cary Bloomquist .: Sent: To: " .'¡'-", Subject: j.stallman@comcast.net Sunday, November 09, 200310:46 AM , Melanie Mintz; Robero Perel[11;?n; Patty Ciesla; RodneY1.3rown; George Godlewski;.Tom Baker; Denise Goldberg; Geqffrey Paulsen; j stallman; j\>erry; s gordon; r kinvestor; b bikes; k gibson; r 10wenthal; d biker;lwãlton; m kaplan; b ross; d '9reenstein; a eaken; a waltonsmith; a ng; Car-yBlo<:?fnquist; I deimler; k snowelk; p metz; s martán Re: Anza Tf.aí1in Saratoga moves forward (fwd) n J:~;'·'iI:-··'- Forwarded message· from a list member: ---------------------- Forwarded Message: --------------------- Tp;. j . stallman@comcast. net, IIDeirnler, Logan 11 <logan@wyrrnwood. com> I liGates ( Greg\! <gsgâtep@sladesys.com>, wtbroQks@brookshess.com, sean.murphy@airsystemsinc.com, ojib~aY~Þomcast.net Subject(Re: Anza Trail in Saratoga moves forward Date: Sat, 08 Nov 2003 14:10:55 -0800 We need to get the trail support people out one more time on 12-3~03 for another City Council meeting. That is the night that City Council has agendized a discussion of options for the DeAnza/PG&E trail It is to be a discussion of confirmation that there is money for the project (private donor confirms the money and we have heard more from VTA process) and that there is a fairly firm process established with PG&E for the easement contract. THEN we are setting up the Ad Hoc Committee of citizens to do the public planning with a consultant. HOWEVER, we have been blasted with a petition signed by a lot of immediate trail neighbors to stop the process of the trail plans. They passed around a two page document full of scary misstatements, frightening folks into a more negative response. They will be there fa group, demanding a stop to the process. re are the correct facts versus their petition document: . NO exact trail path has been designed yet. That will be done with the help of the Ad Hoc Committee in the future. The neighbors used a computer drawn line on a photo of the trail that had only been used for a general discussion 3 years ago in Cupertino discussions for the UPRR trail. It was not to be used as the exact placement of the trail path. 2. Saratoga is NOT planning for the trail to be for motorcycles. 3. Saratoga is NOT planning to have parking allowed or big trailheadson the trail. 4. Saratoga is NOT planning to have city street parking areas for "outside" hikers and bikers. It is just going to be an all seasons surfaced trail for Saratoga. 5.The trail is going to be for Saratogans to access either from their backyard gates, or from City street sidewalks: saratoga-Sunnyvale, Cox, and Quito, the same way the citizens do now. 6. Saratoga WILL have safety patrols and clean up services, but we do not now have them because we do not have permission to officially be on the land. 7. Saratoga WILL manage the weeds more effectively than PG&E does now, so that fires will be Less likely. 8. The trees on the PG&E easement will not be cut down. The area is open enough to go around any tree on the property. Bottom line is that PG&E has kept the land clear for the protection of their lines. Sheesh! . 1 Cary Bloomquist ÝfP~ht Subject: j.stallman@comcast.net Wednesday, November 05, 2003 10:27 PM Melanie Mintz; Robero Perelman; Patty Ciesla; Rodney Brown; George Godlewski; Tom Baker; Denise Goldberg; Geoffrey Paulsen; j stallman; j berry; s gordon; r kinvestor; k gibson; r lowenthal; d biker; j walton; m kaplan; b ross; d greenstein; a eaken; a waltonsmith; a ng; Cary Bloomquist; I deimler; k snowelk; p metz; smarten pave freeway with trail money? . From: Sent: To: Congratulations to Richard Lowenthal on being top vote getter in the Cupertino Council Racel At the SNOV City Council meeting some people spoke at open communications regarding the UP trail that was acted upon at the prior Council meeting. I tuned in after open communications was already in progress and may have missed some others who spoke on subject of the trail - if any. (didn't catch name/address) person asked to use trail money to repave the freeway to make it quieter instead of building a trail 12379 Fredricksburg Celia asked to "leave it as it is". 12379 Fredricksburg Jack declared: Feasibility Study was a waste . UP Omaha has Uno knowledge of trail" UP can stop it Unable to contact PG&E nhorneowners not contacted II "being railroaded\! "what allows -a -trail to be built right up to the fence line? IT not enough money to supervise the trail already have motorcycles, wi trail you will have them late at night IIdetrimental influence on our property" . Stan Bogosian noted that there will be December 19th Council Meeting agenda. noticed of the meeting with a postcard corridor be noticed with a first class further discussion as part of the CIP item on the The Council asked that all city residents be and that residents within 500 feet of utility letter. . 1 .cary Bloomquist From: City Hall Sent: Tuesday, November 04, 2003 7:43 AM To: Cary Bloomquist Subject: FW: City Council:Proposed trail on PG&E and UPRR property Page 1 of! /JO S G/ppo0t , Hi Cary - another one for you..... -Ann -----Original Message----- From: Dad [mailto:jcewce@yahoo.com] Sent: Monday, November 03, 2003 12:27 PM To: City Hall Cc: DDDI@PGE.COM; DPTHATCH@UP.COM Subject: Fw: City Council:Proposed trail on PG&E and UPRR property ---- Original Message --- From: W Elhoff To: ÇITYHALl@SARðI9GA.,QðJJß Cc: DDDI@PGE.CO; DPTHATCH@UP.COM Sent: Monday, November 03, 200312:12 PM Subject: City Council:Proposed trail on PG&E and UPRR property . An issue that should be addressed in your deliberations reguarding the subject trail is the risk of subjecting the public to elevated electromagnetic fields (EMF) on the PG&E and UPRR rights of way. In 1992, I had PG&E (Brian Wong) conduct EMF measurements at the rear of my property which fronts the PG&E right of way. Some of these measurements exceeded 30 milligauss! I received about 200 pages of info and data after these tests. Key points in this info: 1) EMF levels under the transmission lines can exceed 300 milligauss. 2) Swedish and other studies show that 1 to 2 milligauss is a prudent exposure limit before brain cancer and childhood lukemia risk increase. 3) PG&E recommends "prudent avoidance" of high EMF levels. I would suggest that creating a public trail adjacent to and under these power lines flies in the face of prudent avoidance! 1 have an EE degree and have been licensèd by the State of California and wouid be glad to review the PG&E data with you. From my telephone discussions with PG&E and UPRR, it does not appear you have their approval yet to proceed with a trail. W.C. Elhoff, Via Real Drive, Saratoga. . 11/03 '03 11:26 NO.810 02/04 '" November 2. 2003 To: City CouueU Enclo..'1eCi is a copy of a petition going around to Fredrlcksbur.g Drive residents. A friend of mine on Fredrieksburg sent it to me. You may get calls on the items, They seem to be mjsin1'om¡.ed on what details 'have or have not been decided on. Ann I¡iOí/ J o ¿Of. ~ '" . . . 11/03 '03 11:26 NO.810 03/04 µCf . SARATOGA1RAIL CORRIDOR . 5 l{ff ()J()'+ The Saratoga City Council voted at its last meeting to proceed on (¡ b If (,~ ) dev~l.opmeDt ofa paved trail to run under the PG&E power]j?-es betw~en .' fC:Ji+'~~ Saratoga Ave and Saratoga-SWJnyv:µe Rd., a length of L61ID.les at the cost of $1.9 million dollars. The Valley Transportation Agency (currently on the verge of bankruptcy) wiJl fund 80% ofthe cost with the remaining $400,000. to be provided by the city. An "anonymous donor" has offered financial support for the' trail. Although at first glance a trail through tbe city might seem like a good idea, many factors must be considered if we are to protect the open space we now have and ensure the rural atmosphere we desire: 1.. The trail would be steps from the back fences of all properties bordering the easement, greatly decreasing the safety, secu:rity, and privacy of the residents. On Oct. 18, a puppy was mauled and kíl1ed on tbe Los Alamítos trail, and a woman with her baby and her dog was attacked On the Los Gatos trail the previous week. ' . 2. Many large oaks Urdng the easernent would have to be cut down to make room for the trail. a violation of OUI own city code. 3. A pavedt1:ai.l wouJ.d increase vehicular traffic into the area due to residents of neighboring cities trucking their bicycles onto our neighborhood streets in order to access the trail,. Cupertino, Los Altos, and Los Gatos will not be able to develop trails along the tracks because the railroad will not allow "co-location of pedestrians and/or cyclist witbjn an. operating raiJroad ROW (right of way)." (Quoted from the UnioJJP.acific Rail Trail Feasibility Study,SepL 29, 2001) This would be a 1.6 mile Irailfrom no where, leading no where. 4. There are no funds to patrol, police or clean the area. 5. Lack of water in case off=. A recent (July 22) fire destroyed m.uch vegetation aJ),d a new fence. Had there beeD. any wInd at al1 that evening, the Fire Department said it could have quickly spread since the fire fighters had to haul water in by talJ1œrs. There are no hydrants back there. . . "- ~ 11/03 '03 11:26 NO.810 04/04 '" 6. The trail doesn't link to any other trail, nor will it be able to; since it doesn't access any schools, shopping centers, coffee shops, etc. it would not bean altern.ate to auto transportation. . 7. A quiet, unofficial traiJ already exists along thel'ailtoad tracks. The informal path is working well for those who utilize it. "If it ai.n.t broke, don't fJ.x: it." 8. Where iS5:e 111 !ley coming :!Tom? An "anonymous" donor has agreed,to contribute $3 O. Who is this donor? Af3 citizens of Saratoga, we need to be assuxep t tJi e is no conflict of interest here. . 9. Most of all, children using the trail would have to cross busy Cox Ave. which poses an extreme safety concern. We need to protect our.citizens fTOm bodily harm as weIl as :&om tiscalliability. If you agree that the path should not be for.m.alized we ask that you sign the petition. We also ask you to call or write your City Council members ore- . mail them at: ww\v.sarato¡¡:a.ca.us/elected.htp¡.to tell them how you feel. Letters to the Editor of the Samtoga News would also be very helpful. 'Ø- . Most importantly, we ask you to come to the City Council meeting; Noy. 5,"""'" ¡'J- at 7:00 pm at the Council Chambers at 13777 Fruitvale Ave, IT'S IMPERATNE THAT YOUR VOICE BE HEARD. Only by speaking out and Jetting our Council members kJ.1ow how we feel will we be able to bring about change in this plan. . Thank you for your consideration. For question or to volunteer your time, please call Sue Barrera 867-2380, BiJ.lIRita Witmer 867-0755, or Donna Poppenhagen 867-2615 City Council phone numbers: Nick Streit (Mayor) 741-5544 (Home) 983-1040 (Work) 983-1080 (Fax) ,Ann Waltonsmith 867-9123 (Home) Stan Bogosian 867-0182 (Horne) 868-9224 (Fax), Kathleen King 605-5251 (Home) Norman Kline 867-0743 (Home) 741-2320 Ext. 204 . " ~. , . We, the undersigned, object to the proposed Saratoga Trail Corridor between Saratoga- Sunnyvale Road and Saratoga A venue and urge the Saratoga City Council to reconsider their decision to begin studies on this issue for the following reasons *Personal security *Vandalism *Líability *Litter *Noise (skateboards, roller blades, motor scooters, loud voices) *Lowered real estate values *IJlegal use of alcohol and drugs in the area of the path *Traffic and parking in our neighborhoods created by use of the formal trail *Safety at crossings (Cox A venue, Saratoga-Sunnyvale Road, Glen Brae A venue) *Fiscal irresponsibility *Maintenance costs to the City *Security costs to the City . - \') Name (print)DOuN~ j>('\\)P6\\'\\-\-~G6tJsigna~~~~ _ 1 >_ ') Address:j@.I.'ll ç:R¡:;.ù/Z\( iL<.J~,ì1 RC, DR Date:ity.31A:1 ., 4' //' ///' Name(print)~/,çP/ž ;J;{;tY"'A) Signature ~U~/ ~..e¿Aí"- Address: /:z. j~Z ( h ¿ ¿ /> '" k./ ¿?¿-<-7Y' ¡;; æ. (7 Date: It:> /.7,/ /¿> .J (. '{ / Name(print)5f1i'Att IJ-. (Y~..<?I.J Signature ~ A Jí'~~ Address: 1257",7 Flfè;ÒER ì C.¡¿:sg vJ2 c- 'Þ¡?, Date: 11/1/ C.3 ( f Name(print)?/ln2ICk A - f){~'Signature_P./.I,m-\Jj, Address: 12..$b ì F'¿~i2 (C/('S ßUlêQ. 'J)I!. ' Name (print) CH-Iè /5Tof ~-ft. e:/ fk~ignature C Jl.. Date: l ( ) { /6 6 , , [}Jjlr - . Address: l::l~ '7 F~e'()Ëfi!.i c,-<'S!3.0!'-ç.. j):'Ç Date: If l /03 , . /'í'j J' ~ /1- N=o (print¡-µ', "," fY\,;\t"'-l Si_ Þ '01 ,,:Jih 0;¿ JÞ4;n ~ ; . I . . j)C . ;-:::- (' Date: / / '\/\/\ [ .~) --p ~ >. ' Signature o' I. l ~, 1...<1'C1:./7..t.K <:~X;,0../'>---<./''''~ '. --f:! <, './. i .< Address: i 2 b / 1-...:Jl2çuÙ, Az <- j, "'J.? V ~\ J)-- n , v G:.... ,~ 0.'-/'1 6-..,ô~ {1 ~ /" '2 Date: ( -,/.- D-, Name (print) 7; '~I t J.hl! t 9;) / v Signature ·/(~r:':"· j..'--~ /// ~--. ! ? . \.....-._.".".-..._~. . Address: /.J¿ji7nc-/.; !--il /s hl.</'~ r!);--, " D i ,_ ate: N(). ("f' (/ J ./ - c" J, I ì LJ ~ ....; .", í f'l(' . Name (print) h S (j j. - lv t ,. ,.) DÙ!'v g Signature ~ - '. .(,~ /' '_ , Address: (2.n~ SUM/tIll<. þ,<. S'/iKA1o(7A-, CA. Y.rv.r¡L Date: II/I/CJ ,.. Name (print) I\ðf?\ e :1\,\,)c\SO t.\ Signature Address:2(fAC\ C>OC\à<6e c--:\- <"1:)(~C1 ~ujl) 0¡"5D10 Date: \1\ \ \~ {{'!f?' /(;iJ',7 ;/ /) /' /of Signature (W ¿f.¿/ tad? Address: :2p?&p clt1r,)!l:O r) S¿:¡¡(.i(Pii¢. 7to70 Date: II/IC)::?, ' J j . I . N=<(prl",('RQrHO ])",,0 ~ 'Jf:= \ hi Address: QIJ 31 4 C,..LJ\ R.\ D Co i:.. ( -:, C.A\ . L\\ '-'<1 ù Date: II' ·~S /' /. ~ß '. '.' '. I ¡ , ¡/ . ~1"-r / ,_~, ~ ../ Name (print) ~ t;~ ¡- )1)/ /-Í¡¡/íf Si~atu~ ~.-!_ y-'.~~/ ------- Address:/#~ \j-(h'Jd./' ~ C"../;~,..;/:¿ ,ç..r-p;;;>Date:/'/~ 7 - ., . / '/ ,/ Name (print) . Name (prfut) !' í./ --==-= K.·h1 I (/\ Signature..----- ~~~ A-"7 I r' ). I C:7Jl-'1Ô / I. (2.. i'i1' ) ~¡¡'11 f'lt,¡ iv- ~ i/G'<. lCI:: £; ( Date: It II It j / . / / /.<' ~,/ / '.' Name (print) ¿74dlt~/i:::rpi'.j4 Sjgnature -L:_~'/;? , --:;:~~--qpf'i"?'J' . .' ' ¿:. '?.j' ,.. . Address: 12 u/,2 .{¿J.?'nlu"r (17<1 s/lAf7fØ{if!-('¡7-l¡/Date: 1-/ZIiv(,('J'3 . " , /'(.7)(j . Name (print) d1¡i/?t: ¿M(' (If Signature ÆottMP'b/i:- </~ ó; Address: Address: /71., I / I~ é"-/"¿Ai (/'{i;jy"/,' 5" í//(, D&te: 11/;/"73 . . . . ,? - Name(print) Bre.+¿ 'r; it) ¡,~~Signature 7> Jt~,.Æ.~"'-~~, ( ð U I I Address: /;;Jt/¡,S- ;;Ý,ç,'¡<,~'/,-/é>b(j/.c:._ Ù;/, Date: /1); /CJ $;¿/~'h7~\'; é4 7.57J7ð {) ~ .- Name (print) L\' -1"\ of,; H s; ,/\' Signature (~(7lA,,\..' lk <~7 . '. c--"L Signatute.,¿~_~¿:~~~~ L:,,- <{Q.J-<"Ö;oQcÝ <'¡S"CìO Date: if /1 /0-:::' , I Address: I.?'t't-s rr..")"y,,kbv<."+- tì,;",€ 'V r-j' N (p') /( /1 S· ame TInt 1-+71 d.YP j/ß ',I 6.:..c::4 J e"C Ignature Address: 1""'-317 fredev,/c/C5'Þ /;"".", ¡7i~r ¥ Name (print)-::JiN IV I FCR 'SRKJJ Address: I U j S ¡:::',~ch'\c' "e ',0,1.1...;,", '-.::i . Name (print) ';[f) '" ~ JJ~ , G yc, (zs-- Signature f) 'L ~1 F -y.e c.<r y,-,,~ :'~-1 ~¿""'--~r \J Address: ì 2. 5ûc Name (print) / I' I-J Qr /A4 C;; r£ 1:1.", I Çe,..,o(10)'\ (A ') i--r,'7- Date: IVI (~S ~ /j / I' c..z:":,, j/ " .' ~__ ,,1_. ~ . ~~?- ,~,....~ ~-_..." . .- -- 1/ cr--- 'l9~7"'-- . 5ð:.m:/.oí"" Date: ¡,þ:/p~ /(]~f- .'-__ Date: .1i Ii /03 . , "- /. I ., "'-. ~u.. D {J ---r- ~....- J .'. ,/'" /" ,.<.... ~; þo' ,,"' ¿'.-;{ b-au¡,y7...¿·.· ~/~-/-.~,/,"''5' ____/~--.._··..F' _ ,# . Date: /1//;<" / co oS ~ßJLL Date: \.\. ð.Oð- 9.~ Ýd ~~ ( Date: 11)3/(9-9 , Address: /:2 6-[; 0 f-v-f>cIr:y;c la' l"",/ J Name (prin~: \~Q.¿ l J ~ \1. J Si ature AddressJ f\~ '\ tl(,~e, ~c..l Name (Print):f"'A-I:..I"\ iJr<. L. M-r A f0 Signature' Address:/';<.'4'7Q ¿~~-',,~.f;r. Name (print) Signature . Address: Date: '> . We, the undersigned, object to the proposed Saratoga Trail Corridor between Saratoga- Sunnyvale Road and Saratoga Avenue and urge the Saratoga City Council to reconsider their decision to begin studies on this issue for the following reasons *Personal security *Vandalism * Lia biJity "'Litter "'Noise (skateboards, roller'blades, motor scooters, loud voices) "'Lowered real estate values "'IJ!egal use of aJcohol and drugs in the area of the path *Traffic and parking in our neighborhoods created by use of the formal trail "'SafetY at crossings (Cox Avenue, Saratoga-Sunnyvale Road, Glen Brae Avenue) *Fisca1 juesponsjbiJity . *Maintenance costs to the City ¡"'iI' ,,," " the City ~ / q 54-8 CHARm ¡J t) 'fly er: 10 -.;:; 7~ 0:::3 ~~ .t ~ /C}!JYR~ 4s /Ó-ð7-Q5e ~~ -115),,, charM1l'Ay C+_ flL1l J.OO) ~. ----I ~~~1 C~(cl~, ct J1Wà1)Q) ~:¡1~ ~~i~NÑ~()-:;;¡~ ~'J¡..-.l. ~ . 1~$"gLeho<J.onn"7 c..LAL1!z-oog, .-X-+ 'V ~ 1'»1 ~J Ct, lI(ol(=<>! .I~~ þ,. (q~\1 q"Q..v.,/...MlÞ1r!,.. II/OJ/2.JI~ p J h~ ¿~I"'fði-IL~~ Jv.Ç'+ IJ/~1 ~¿ L~~:~J ::~;"ti'~~5~~/~ _;J~: ',J. ~ 5i;'r"-~)'\ ('íS . Signature Date Signature Date :>.- '" , ~. c:r-. .---"""." · N~~:SkR'µ"A< SI",,,= Dot' 13"7'" V//I c(ClJn.tJ c; .rcV'>. ;:;J»'~ ('¿;/5)/~' J .f $..,2.4-P) (J (.-C' cd'ð)'J P ¡>'..J'" I <'¿;:_G<AP_(j~~~f'V~ íÞ.3 r õS ~{--o ~:5aLi?S~'~ ' ~ )1'" · i~~ "^.4.~ ~ ?f'- 0#" , ~tP1Ø t!¡CL t5.~VC!q ,~'.' 5(4 fr.Cî1Iiï~' IÝí(/b,J ~. 'Jf */ß---' i9'ð'ð,O 0/4' t :5C:vé' ¿i:) iJ/è /1 'f/e:> ~ ~~1O f '1~l?C ).,~,~ \¿\.Á{'~Q '\1.} \ lilt /ð:3 ~j¡C!.",1\. ~, VvL~ t:;u<..u,J¿'t {(V,. ,. ¡ / ( I Q6 <' ¡) ¡Cj6,¿,oj'V;'q," p:t+ 'Y Ik/G¡ YA1/ ! F.Þ1:~ h~u;(II., ò (if 'I OJ \, I .' , ,. sc....,.-ç,""j c, . A. ('M- ÙWI., M '-'L ) ')<:;1 '4.C - ctv..._ ?'-t.<.. ( ( I f I 0 J' . ~~L.¿.=ç;;~""J- /9%66 )/:Z:,-C~~ A, /:~/Cí3 /'-"VIEIOpf/¡1I'./¡ It' U /ll,/op I ~ <~/¡uz.R:ßd? /9f'1:2 (/#'/J)U2'&. ÛAA' 11/;/ð3 !\enfldhRr'che<; il It r' !!./JIÞ3 1;J.4,jlEt. SI..-:ct;y /Ýd?36, ~n'.V7"':~~ ¡Jr, ¿'/ýcs !ì1C<I-~1 e SÎ.5/~ /. ¥ ¿{-. WD 3- iJ1af}I1IJ ßú/(;¡ / /t¡g?J/ Vt!rp;tA{'t'l?r~e:i/.- ~3 , fktvf de k(i/ I j g 2. if Ve 10 n iCe 17/-1 v.~ JV I! tJ 3 Mj)I(A (¡ I 12../ ICfR5:0'ì Ve.H)Ai(L>~j)viv(. lljljo3 1'<;(\ \ N é fHA'ì'- G )\~ \ 1\, ' JJf.4 fJ] (;1).,(2\/ wooD tújßf"2.. I!k'/!Ùµj(,<:< P¡t("r-ulr(t>'J ~ \ í ÙJ' .P lC) bb2 \-i( /to¡J'cÞ !}7¡<~' (\r r !oJ . .., \'.À') Yl Ii-- \-\\.. f l/"" ../'" - ..... I I .¿, , // , . e.. "'..,.. (2.. . ~ ",7byui. --¡iLÆ~ --¡¡~ j3 r I't\\"\ \ : t L-, r? CVf i ð2øê. Ü?;.th 5 t1 '1'1 Uá,,,, . O1c"k&-"c, 1,U~t v- 0..:SoN;.Î1y Ç'~Vt L< \' spevs;Ì/j' ~~~ JÎ19--t '~~ /1 Ot~' f 17~ hL-1 h4~ " l . II /0 11~-3 . ~ r q~?J~ /2 C tj ¡;, j!¿JvzJ óJ¡(· 011Ul-7'd( If- . Iz(,4-G ~. pvt.. ~1/c3 /1?t1-~ f:Þ.J.t¡2 (:.t ((101/°3 1,1~ 3 Ç¡ j-(PNE &. JJ/Æ¡ 173 /'lf0~/~~ ~ //~¿;}6ó3 \qiÇ/lL ì~VeI ·U· J (-() (~oJ \ d-(~ 5~ 0~lI~ c..--t- . I i-oJ-c).) !Þ6~7C¡ {£#4- ~r ! !~l-O} / :1-(7-/ ¿W;;CcIt (?í (/~(-°.3 / :J-l7¿¡. Ó,/5{cjJ ( T If ~( ð) . / )... 67<:L ÔR ELL!) (' ,7 { (- (.- Ò J l""bW Oydl"1 r-+~ fH-"j · \'2(;51 \<~v~MCw' (7 i\ -I '-0] ·/zt7~cJ<::' ..- . ,r /1 t-'nâ,;:, C ·f ¡2(óf?':f t<;....... '---" Q, ~ (..¡ . (1- / ~ ð;> /1-1-03 IL~f?1 [r:.; i.A'--<--C,.... Cf. if - i - D5 (L(,Gc{ ¿r,vo"Vj"C7 ((r(~(j> ~ ~ /?? '3 :;- -1-/-104.; d· //-/-0 '3 /'2?~ "3 5'-;:;/7G~ ¿.-p. 11-/-03 ~. " /2.[47 ..i001. ó Ci. /) -1-03, /J-& ¡ / / /'?,i/o {;l. If - I ' :3 . .'--\ \- el ~~~ ; i~"'Q'~;~~~ .-''7 . ¡:# cLv M/¿:;.tA/ ~ A. . 't~ ~~.-.-:-- ~C~--C- f:4J~ LfLl.uJD. ,,+-RtrhvL-r hLv,'2kJ'U / 'ätzt - '" . r ízJ~ )/ I , r; v,\, . /, ;, ¡'Í"..-c" .J...-J . 4;J k~,-~t ~~(U- . s~ Date 1';1 b8~ ~1.1t> C?:-- 1\ /1/ ü3 f.\i\ "",A ') _ ó-"':ï 1· ';\.11. t)T\ 1\ ~..\.l.'Y!Æ.,. d.::. 7 - (ç 1 ') 7 12tf7J ¿þÍ7 O,J4.-dÍþ /(-/-tP) /2-c."f,f- ¡-; A.-e-. C'( - /{- (-Gj í 2..c. yj-- ..:I:.d;.."" c-{.- Í(- ( ~<:53 /)--62/) L,¡'lv ,Lv¡ 5tvV~J<. (, r4~O} J~Þ1 G~ G-~ Sr~1<- /I~C)I-o} .J . . ðrÁr-~ /a¡"ïQ !..t.ok.) k!:J-rbl1C¿,O' II-/-O~ /~¿5/ )/dû ~j)r~Kl9hGd :f~.3 /ZbD L,Þv ¡{)"~ ~k "jN IV3 /2-&15 cti~o /Ùy 2M,,~~¡r/ø# ;;:;us 1 n ~.L/I..44 C7., 'SÄi¡ZA(ffj~.q , '((Irlo S . ¿ I 2Þ'¡bJ> ~~". & J~!/~;3> ~y() ¡ q '1 .:?a.« ¿. ('{ (t.' !!,~.Io 3 Mil '1 _ -.!i!/o) /6; cJ!-& Jò-4 oéêli ~ II/!/ . We, the undersigned, object to the proposed Saratoga Trail Corridor between Saratoga- Sunnyvale Road 'and Saratoga Avenue and urge the Saratoga City Council to reconsider their decision to begin studies on this issue for the following reasons *Personal security *Vandalism *Liability *Litter *Noise (skateboards, roller blades, motor scooters, loud voices) *Lowered real estate values *Il1egal use of alcohol and drugs in the area of the path *Traffic and parking in our neighborhoods created by use of the formal trail *Safety at crossings (Cox Avenue, Saratoga-Sunnyvale Road, Glen Brae Avenue) *Fiscal irresponsibility *Maintenance costs to the City *Security costs to the City . I /' '\ ~/"":? I ~ )~/// , ... '- . Signature _ -~,,, ~_:' ' ~. ~ -, /<'1 v .G?~ f/ . "', , Co Date: /tj -.-? 9 -- Ò ..;;:, - ,/ C:' ~ . . fi' '1' /Í ..L , . !J;,' F '(Ii /J ~. Name (pnnt),q"¡"o,,r-.+ Þro,<':Gf:vI/Ilo41 SIgnature //1 a.·Îð-1.ß1-' /?1é.- C4-1: ~'7 . (0' \. ( Address: t93tf\/l/+ I\i!,d {)V/v;' 0';'¥'...;fd?;"", '. Date:/p/jt9-P3 , J [\ ' Name (print) dô£'\VI /Jir (/Jdi1iè.y SignatureCJ¿{"" }o1¡L (¡f.;:.t:;;;' /' ~ Address; /9:J / ¡{; Kê/J" Dr/J'- . Date:/lJ!2-"I/;):J N (p.')' i ,/1 ,-..:'{ /.-I'J·:::iiS· .i,'j ~ ~1 \\.. '\ß ' , ame flnt iU / L.L /77 rYI '- -I ,fC' ,.. Ignat1i1'e. ~'...i ~. /' j,- 'r-\\~ Address: I '1;n (t V 1¡'1 kP!t¿ );'1<.. SÒc K)77til;"hj)ate: 1.>/ Þ'llP:? I / ( / - / ~' - , . -'. ,-, .. I.. /0 IC (,,!.,ç,f' '.Ii ¡"q /0 Name (print) :::Jô.f\~.j ~ L He" F{- Signature \V¿....c.lAc , ' E {.< G" ../' I"'/-'\ -7! 02 ''i4~ Address) CS ¿/! 0 It t: LA 1-- .b¡¿ {/ Date/õ -d.:!-è-5 :;: 'J ~- cJ '\ .r rÁ1-4-t¿);'~'> SignatureL< tiJ!før ~,/ ~~,c)rl<./J-J ,1f'<?"fL nl!.. SMÆ01¿4- J Date: 10'1.. c¡ -05 Address: /O{2 '7{ "i I f+ KEf'rL- h ') --- ._..;../.s;'//11.;00 ¡Is;. Name (print) J £j4,-r/S J J;: .' Signature Name (print)J.~ ¡¡I¡t::[¿:Jf Address; / <¡?:tþ 7 VI f'I . Name (print) Signature Address: Date: N~e (print) Signature . Address: Date: . . /) L " . 4) ,:::Z"-'--<.. ¡j lei., 'l..~ Date: tJd,,) Ó, Uf-¿¡3 ¿INS fI1" 4-€Æ:.$oAJ Signature '.'1 L/><L ·/f~CL./ .j)/<, Name (print) Address: Name(print)1árll /l¡(rf!6fJ//lJjgnatu;e i . Address: /1 t¡ ¿19 ilk ¡-tv. / ;:1 rZ J' / , , Date: I ¡fJ L/J &!J '5 -4'T'4 Name (print) [;, IJ1;C;;¡;-i/ Signature Address: / f$/ l- WI! tYE1 L 1)1: , / ..--.......... <"'--.) ¿i .., ,o~....,/". S· tur ___/¿;'Jf>f¿;'-;' Igna e·- / L._ / / - ~~- " ~:¿j!;,,¿.,<- '~"" '/'1 'j F) ..-<1 ,,' Date: {é --1' -.J j (\ 1 HÎ'I"') Name (print) ,JD)'¡jn. (A :J:j <..., /1;... \1 "-;-......... Address: /14·D} V I ,Z feci / '\ 1)V", 0~' ft· J '" § c, j. /.. . "":' - l) -. ,·/11.....! d. '" //,//', ./.< . . - ,'-'. Name (pnnt) <' ;I..." , VI ,.,,../--- SJgnature . /ç/r;;r..t:¡1/i./~' !~7..." ¿-: l' . ( I / . - /" 0/,' 2 I"· ¡J) ( \,;--'" /'" ~ . ~', .' Address: '1'-f{)j ,/¡0- !¡\P.!,./~ . j/r <)~/';;.'f0q;g;. (.1'1 ';j¡'/;"Date:lt :,)7-/)) 7 I . j Name (print) Signature Address: Date: Name (print) Signature Address: Date: Q We, the undersigned, object to the proposed Saratoga Trail Corridor between Saratoga- Sunnyvale Road and Saratoga Avenue and urge the Saratoga City Council to reconsider their decision to begin studies on this issue for the following reasons . *Personal security *Vandalism * Liability *Litter *Noise (skateboards, roller blades, motor scooters, loud voices) *Lowered real estate values *IHegal use of alcohol and drugs in the area of the path *Traffic and parking in our neighborhoods created by use of the fOnDal trail *Safety at crossings (Cox Avenue, Saratoga-Sunnyvale Road, Glen Brae Avenue) *FiscaJ irresponsibility *Maintenance costs to the City *Security costs to the City . Name(Print)~USA1J BAP-tÐ2/4- Signature k~6-tUS(¿;(/!j./l~ Address: 12ç¡¡r-:r/lß,CÙ!./l!L·cJUJ.-V./lý ¡()/l :J-:4-cu<-tJ../7sP?,(,.. Date: {O!2.g/0.l3 , /'" '\ '\ f\-l>. \r>:\ - .. ..- f\ . \ \) , \ \. _...t-}c:::r . I . Name (print) ; :c. \.1\ d, Ç-. l c_..('~""'''8ignature,---..,¿:;?)'';¡VX-· \ I, ",,-,-. ------ Address: 10 ':::r: JD L/ tL S-J-. U" if /r' ~:;¡0rÁ' Date: I:) ~/¡:/~ :s N=,(print) b1 h ~ 8rC;-i";;J, Sigœt= riLl, 00;S~~/ Address:JJ{ w.lf' Fï2.r?J.ÁJIAW ç hi-1..'J-( cJ;t)) Date: i 1- ) ~ D3 Name (print) pe ì ~ Hç; J1 'Yú, '1:J Si~~ture ;2..:-- (k-- ~¡~/ --! i'i'·... /' ¡f / Address: . nil- 'I ~ hre 4 r.yíì·J:: > bot" '.5 IN . ,.1:::. yJ'" t .~ k Date: i /~I -() ') (-/ . / /Y /) /" .,.. Name(print) L-.¡lúf..rJ fç¡f/ZSûd )j!£Íi(rJ.tdL Address:-;f)1S f-¡ê())Ü[¡C ¡c; Þ:r/é {- Date: // (./)3' Name (printLfÞ!ll hn:r?S'iil'..i Signature #jf?iÃì Jì1N Address: 121.1:; (fhOP'/¿¡ r¡e( !}¡A R¡? tl¡,¿ . <:. . .\ - Name (print) ,.,,¡ì,''C ~"'\\- J, <;':.\""",50" \ Signature ~.-<!~,... â", / Date; II;; /03 ¡ I 9uL-<..-~'~ {/ Date: It \ I. \ ~':s \ \ . Address: \ d. 'S ;).1. F-Yê..¿\e...\'lL~<.<=;bc..~v.>. i.ç:.>.\. .. Name (print) bJtA- Ai'( \3A-(ÎJL~f.?1i- Signature iw.J~ Address: /1..-5 4-'5 ;:(;c.¿¿¿iV,-- i-{'.l.¡"k~,~ DL /] ¡ ;) ß./'I....A..ß-<-0- Date: /¡.---/- 03 Name (print) J f\ eJ<..... Cñ L'-0rJ Signature .tfW¿t:J ~ . Address: i 1.Ç'1f P;1..J2..ßÆr?..ICfGÇt Wce. bL U . Date: t<!;j03 Name (print) MiLh¿j¿, Li pi 0 n Signature 0'77--' ¿hdv ¡;; ~ Address: ;200S 7 t ¡VI If.¡r bo'- C--t. Date: / I /1 /03 Name (prin~uo.J 0 ~CLO~~-¡¡;ignature ~ \o.Uøj ~_Qr.rJ ~. Address: UX\ ? ::Þr~ \:K/. 'rtd-Ð ' Date:~3 Address: /2-.5'2....Î...- ~ b u "~.rJ Signature S':"~ ............J"",... ø~¡...r~ . f . ~ . Name (print) ¡-{\;;:.¿, :B/'c'- -i:-nr>.. > Date: 1/ /¿../'ù ~ /' Name (print) J éV ~A? L t V -ef ì (11 Signature q Hj v.... O. Address: J2'tLJ¡ G/"'0J1{ ÞICl.'€ }j¡·;Vp-, ,Sæ0o...'fOqiþate: ///'-/03 / v I , Name (print) ä ( .P ¥' P i (}..1 ,..,.Ie h i ¡. Address: \1. ~ 'If (ì G- ( " (I.. ~ ,....._..~ -- Signature c-"",e;:::-;.---"";> .....,........-- ---=- ~ ~:..:C- -::::-:.:=--- - {, A' ¿:.., "7~""" VC-" jVi~_ ¡ Date: It' ( ? I v/ Name (print) Signature Address: Date: . NaIT)e (print) Address: Signature Date: . We, the undersigned, object to the proposed Saratoga Trail Corridor between Saratoga- Sunnyvale Road 'and Saratoga A venue and urge the Saratoga City Council to reconsider their decision to begin studies on this issue for the following reasons *Personal security , *VandaIism *Liability *Litter *Noise (skateboards, roller blades, motor scooters, loud voices) *Lowered real estate values *J1egal use of alcohol and drugs in the area ofthe path *Traffic and parking in our neighborhoods created by use of the formal trail *Safety at crossings (Cox: Avenue, Saratoga-Sunnyvale Road, Glen Brae Avenue) *Fiscal irresponsibility *Maintenance costs to the City * Security costs to the City Name (print) J4tneJA. (.~"'h:~5 k4M< Address: (r17/-/~tu7J Name (print) Zd:;c;, CiVw, Address: 11110 -:~}¡~\Oi?f'r1 . (\ L ßt{t ~\ rJ; Name (pnnt) .f:; ~¡'_,~,'6:; ,~,; ;,,-tJ " - , / Address: / 9 7 2- tp ::J ,,'t I) 'í f f r Ò L.:y Name (print) JIß ER. 7 IV6j . Address: I . ,1 Name (print) !,(,)'V"';ii j¡,¿ (If '") . '·J2!'v ¡{Ii?" f I, ¡ {/ , !¡;! . ~.J ¡v! t.:J/(. l) \rïv k..v V Address: . r::;¡ I Name (print) \ì Qt?ð Address: \ G¡G l: ó :Ji.'~ Vi ·\fV (''\Ù " Name (print) /)1 J!(t~ 5A4 'ÞA T t Signatu¿i:* d'. tL,;yL- <- ~ ~ rA-rdD Date:¡!-rJ:-C8 Signature .. ," /:" ~ ','''-7-'-~ ,/ ) r ,-",,I ~. ..-----" , ~ -')1, 'f! 1'1' /.. ^ ) ,,,- ... ¡fU-J" \, ," i. ,"--'f./ "- //- L-- Date: / /-2-0 ~ . \..'1 \'~i \...-1'eF Signature ¿,J,/ . íI Signature .. .., "Y' \ (-¿._.... Date: ---?1.;f ¡/ Date: Æ /.1 --" ,ttl ?Z-.é'/Î...» Signature , h< /,,""¿;. -' . >¿..-------- ~ \¡~ , Signature Q Q %t Date: ( I (J('¡~ ¡ .\...) !.J . Date: 1l \l... )0:3 i \J'-}t.: dj o Signature .. .; " , .. C· J"~- r; f/r ,.,/!I .'\ .... "l ..~ ~ A -01')0 ./1' , , . . Address:......:) '1 6 & } J 'J 11 i ¡)fYì' ç If,!?! \1 , \,. - .... Date: J fl') / I? 5 I ¡.. ( . .. V \-J~1\~ Name (pont) \t\i!\j . ñ " Address: i Q'7 (¡ () 1\ \~; p-Z \1 i/; 0-vi \ j \1 \ \ '. \^ '. r\\I'J\.\ '1.-\ , , f1 , , ~ .""- Name (print) Jc2t",')- Yl,'" ., (:ß<J'.., " Address: ì 17" ,7 ,__./ !-/{ 1'7/' 'oðf () i C Name (print) Address: Signature 5:. , '.~ J _ ~ !!""'!'>"°'V.."·1·(A) , Signature '0 i"l Signature " /1/: .. /t:t"~" ,1~) I ;/.. ;....,(. :',I~' t! v v ¡.. \ í) (~. rH'" j. v l,..' ..1 ...~ l i) .,kk~ Ii ',¡ J.-- (), . r Date: \ I / 1 (03 --I "" 'r ~'j )-,.. ..;:<" ¿< ~c?..,·-_·- S~/·l.·............:f¿. -;. ,'I ", '/!«/~:!. C ")..) ", Date:! 1../ '-'ò] Date: Name (print) Address: Signature Date: . Name (print) Address: Signature Date: Name (print) Address: Signature Date: Name (print) Address: Signature Date: Name (print) Address: Signature Date: Name (print) . Address: Signature . D&te: . We, the undersigned, object to the proposed Saratoga Trail Corridor between Saratoga- Sunnyvale Road and Saratoga A venue and urge the Saratoga City Council to reconsider their ,decision to begin studies on this issue for the following reasons *Personal security *Vandalism *Liability *Litter "'Noise (skateboards, roller blades, motor scooters, loud voices) "'Lowered real estate values "'Illegal use of alcohol and drugs in the area of the path *Traffic and parking in our neighborhoods created by use of the formal trail "'Safety at crossings (Cox Avenue, Saratoga-Sunnyvale Road, Glen Brae Avenue) *Fiscal irresponsibility '. *Maintenance costs to the City * Security costs to the City Name (print) Signature , BiLL ¿-urlMr.»" ;~,(Q,~ ttcæ R jj;!}-- Ú/ lí IJ1¿ß - JJ:~i¿;¡i/JnÞv lrZ}, 1/ 1/7m/u~~~ '. ~~Þ1'2'= {hv--1e,¡ /'11./ ~ r ¡'}¿¡__A/f/' - ) l-- '] :7;7 /r;;, hr; ! r' l i.l,-; ,'1,_ 1 / V J ÂJIÃ'l /~hl, .It'" ¡...1 r....? " /. ,) OlìC í ; ¡ '\' 0<.. 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(to 7 ð (J . , -- ..-?":;y' ...... ..' .~ .",1'...-¡ ¿'--:/""~"-"-"_~~"__'_ (;> - " é ,.,:) ~ ) -;';1 Í·~'t7¿~ (" ?~1 {" ~-ï '/ j i...~ .j-:' ----.. r·. 'J ' \~ /; ',i···· ....... ~ .......-; ~.:::...~-L..~ <'....-f. t> ~'~'-""~' .' ¡ U / . <:~,~~ß Á./~~_r_"-_V__~i C /¡ _,--; A -- {; /" A .~~)...q., '- ,I ...-.-J :-:/i _j.t/ t./,-~· d'" /"---'---- .~"" ·c.""".... .;:[./..:P ~}:'1./ '\ ¡j U ,."'----í-~y-t;;;......-.~.....;-.. (X}7d?- /O·U....03 . 10 . clf, -03 i~ 'j, r/';). t ¡ ! .- -;. h '-'/.J "-' '_'_--r~.' '. \.-, d-,- ( ..~ It,,! -, \,/.\ ,·:i\ , .,~ '''-''- ì () 'Z~-s? /6 ,,/ S· "2/,"·' . ,,' / "---;.);;/ I .... . .... f -' '0") u....... -'. , ) / P/» . /;'5 I 1--" . \; '--\. .' S i gnljttl[\t '~~ \. "\ ..." '....\.. .{ \\'': \),,/I¡--'-"-'- '. ,,'~~;L/ ". \ . "... "'. --r¿-¡; f {'0 ¡'., ,. .' '~ J - V ;....w~¡..--.. [.(//..;.-/_, / / . /d,; / C:'-ZP-:i 1~u..Mpl'fè(ES' (~~,7/ -;7'4('2.1'&./... ~ U;rr;c; (;f)E/Jé/'7éß, !' , '7ì ·R ( [.- \.i) \\ 1 l/)} 10):2,11 ~.I] N ~¡vf) l- Kb P- /,~/~'- /Y'lU~.~M/ ~I ~3 (} I.f;Æ/U-\:¿ ..,Ç, Lj ¿t.-'----?6.fl. (/h 8 A -12;-.« LL_JZlL- 1lJ;66.!cJ· /(19'17 C;;¡;¡If(~k--n- I~r; , {(,o!>.;y¿'í Let; /?~ Name (print) c-'¡ _" ~- "~'. t.· ". \.. \' .,J~~~ ~. <-' r 'C :' \.- \,....,".... . . ..-'\; " Date " $4~J lohh:;/Ó3 IOp9~3 l~i"~~ '1~~;-Þr Cr .. l¡{¡e~e. Lee. \~,,'t 'fer/.:.o- :;'"",,-\:,,~ Ct- :f ,¡¡ 4, £ ~)Å^~~' \~ (' .' \/ Þ/29.k.3 . . , ./ ~ {f-rÁ We, the undersigned, object to the proposed Saratoga Trail Corridor between Saratoga- Sunnyvale Road 'and Saratoga A venue and urge the Saratoga City Council to reconsider their decision to begin studies on this issue for the following reasons "Personal security * Vandalism *Liability *Litter *Noise (skateboards, roller blades, motor scooters, loud voices) *Lowered real estate values "Illegal use of alcohol and drugs in the area of the path *Traffic and parking in our neighborhoods created by use of the fonnal trail *Safety at crossings (Cox Avenue, Saratoga-Sunnyvale Road, Glen Brae Avenue) *Fiscal irresponsibility *Maintenance costs to the City *Security costs to the City . Address: / '1 '7 5;1" £../JR.N€:ff Cr- ., N~'(prin') ~l~L""5Signa,= ~ ~ . Address: \~~l C::L:l_"..\'ì.A.o-f¿ D\'\,-' Date:_ì\1:\0Q.\~ Name (print) LyYe. 1-~ l?¿ v 1(, L Signature '~;1.A / J J1 Address: J 2. 8 ~ I 6- /,¿ ¡..., ß y.u.-- 0 V " "Date: II !;., (~<:><.'3 Name(print) D/lfiJlf?..-- [~' Signature h~--' . Address:/t./14-1 b,;{ {.L- ß..~ ~- 5.2k-- " Date: ¡/L-,ÞJ . Name (print) FtêJr(v'A-P 0 f2£SVlv. Signature Åíæ1 ÁJ ~- Ad<b= 99 64-/J-J"'vC ~v ;? D"c "If "$ Name(print);9i'"v't-ß /!oß-vJ.J Signature' ' .... Address: 1-- P /d.;/ ;;' rf.-.¿.Jt;j ¡/A? 6 1: £~t; <>4- Date: / /"" ~ ,,'/ ..5 '-J' Name (print) P!i.u-L ¡!¡)(lLL Signature -j---I/A-J!...(¡/It:¡)..~ I J... / '-/'-;: a7/Z;:'" êr-: -' j,~ö:r¡~ Date:"' l/~ ô'y->O 3" >i?:<v'~.J O~ Date: I/~ /:2 9/0 3 . . ()'. II' Name (print) Y.Aï \? IC i 14 1\ tJc\ ¡^ e<;ö¡.0 Signature . Address: . Name (print) Sur¿ ì'Ý\",dìe.( Signature~~-/Î1~:ts> Address:-.J~Î'-iJ L{uk>c, Ct-- S""",+qJ'I' C¡Yo'7ï! Date: 1//')/(/] I I . ~ Name(print) 7)ov'Løt2tE=JJ?.t'i$.J Signature .~"¿UÆ' , Address: {2354 ¡)&5A7lJkYl- ~ Date: #/'5/63 Name (print) Signature Address: Date: Name (print) Signature Address; Date: . Name (print) Signature Address: Date: Name (print) Signature Address: Date: Name (print) Signature Address: Date; Name (print) Signature Address: Date: . N~e (print) Address: Signature Date: 0e:- :GBi . . DC,. T f!j ,& ~"- ·a . Cß 2008 ---Vð ~ p-f/C é\~ 5'. '\1 <-e..- , I Co C{V;0! James Berry 2100 Abbey Lane Campbell, CA 95008 408-866-783'7 , jmberryl@eartblink.net ~Jj Saratoga Gty Council City, Hall 13777 Fruitva1e Ave saratoga, CA 95070 October 20, 2003 Dear Council Members: '. I. aRl .intetiesied in. the UP/PG&EJPeAnza Trail and attend~. the your. Co1niCil .Me¢tmg! Ì4lst. .... '. . Wèdj,1eStÙlŸ, October 15th and would like to see the trail òev:e~a~ If I may bøl.l the ÇQ~,e:nts " " .. dOwn to tJ¡eir essentials there are social control issilèS, su¢h' .á$'. vandalism, tIjeft andb~ty , . incidents, property value concerns, a:nd cost crf dev:eloP1Ìleiitandii1aintenance issues, ' '.' .' . . r AB for the first concern more people using the trail wi1ltnean jnorepøtential ~e to eOu~' fhé actio'l1S of:0thers. I visited two ~-To-Trail examples m ()hió this SUJinner.d found.' con.ou1\ neighbors crf the trail wére the one's .using it~11 Of.the time... Many of.øurlQcal hik~ and;cyclists carry cell phone~and co.uld pøtentiìdi,yth~ártn1,any incldentslustfu9)\ß.b¢ing. nearby., Tf.¡ilhead barriers prevent motorcycles fr.om uSing nw.lswhich wou1dpre,Ventb~gl.ajies, If your pl$ includes trail phones soìne way to control imprripêru$'needS to be déVelopêl!t·t(f~P . maintenance cOsts low.' ' ., , The ~nd concern over property value. is difficultto s~ ~ ~revements in co~ty~g~~ onlyunprøve property values and certalnly would beanlmprevemeiit over a- penòðic frëj~ì~, wôuld it néit'? Besides being a trail for exercise it coul~ be ed®ati~Jlal. Indeed,tlj:e ~l~~ in Ohi<i1u\d ~bca1 species of plants and trees identified asw~l~}g~.øc andlústorica1si~, ,-YoU!; , . locátpopu1\ice certainly seem educated in native tree ide:ntiñcatiill,ìili.i1d would bea 1i1J:geÌ$$étbe~. ,. ., . ,: ".' ,. ' : ' '.- '.' :. . :" : '.~t1ñrd¢oncem of cost~f theimPro.v;ementan~ maiµten.an~~~í.e difticU1t.tf1he~ï#~~ is . . avail.ab1e frþm local and higherauthorítíesfQr this purposeanjJt1J.~people ofthe}.)ortm1,~!Can uséthe trail fßr eXei'cißß and their betterment, iuhOuld beused~~áßy if itam~~pnShed . . wiÜ)ut af!1rther increase in property tax. More people µsi~j the,1:@il oou1d mean an ~~ úi: '. ...; w~:~d1øçat groùpsJ¡erespo~ibíefor peñodieC\êifi~.pñgmûc~uñ~"~;cñý , , . ~pensei? .;Credit(andsUb~egood Win) CQuld be ~·bl~rrir~zatiønsJ'{$þuBS,ible. fotSëctiÞn$ofthettàitjtistñkeCálTta:nsgívesçreditólifteèWã.YS;~ . ..., ;.' .,... l . ..,. ' -,.. . . . .:.. .' . :.. ... :-.. . ~ Fm.SttR; tbb ann:oaÎcOSt: of maintaining the Los Gatos,Çréèkmdl ismim)r oom.paredto thebenèfits to' the loct\1 population a:nd I'ni s~ the UpIPG&EI[)ê;A11Z~r~ win be anenhan(¡eme~t to S1Ifatøga. The opportunitY for community bettermentisáhüge'one. . , '. ; Sincërely, ., . , r¡~.~ JamèS B~ . . . . . T OFFICIAL MEETING NOTICE Dear Saratoga Residents, You are invited to attend a City Council Meeting on Wednesday, December 3, 2003, at 7:00 P.M. during which the Council will discuss Project Development and Public Input Processes for the proposed development of a pedestrian I bicycle trail on the PG&E right-of-way running parallel to the railroad tracks in Saratoga. Date: Time: Location: Wednesday, December 3, 2003 7:00p.m., Council Chambers 13777 Fruitvale Avenue Saratoga, CA 95070 For more information, please contact Cary Bloornquist at 868-1258. or email: cbloomquist@saratoga.ca.us City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 PRSRT STD u.s. POSTÀGE PAID SARATOGA,CA PERMIT NO. 136 POSTAL CUSTOMER LOCAL (QJTI1r~ @fÇ ~~~@@£ · 13777 FRUlTVALE AVENllE . SARATOGA, CALJFORNIA 95070· (408) 868-1200 COUNCIL MEMBERS, Incorporated October 22, 1956 Stan Bogosjan Kathleen King Norman Kline Nick Streit Ann Waltonsmith November 13, 2003 Re: Project Development and Public Input Process regarding proposed trail development along PG&E right-of-way between Saratoga A venue and Saratoga/Sunnyvale Road. Dear Property Owner: You are invited and encouraged to attend a City Council Meeting on Wednesday, December 3,2003 at 7:00 p.m. * at which the City Council will discuss the Project Development and Public Input Processes for the proposed development of a pedestrian I bicycle trail on the PG&E right-of-way running parallel to the rail road tracks between Saratoga Avenue and Saratoga/Sunnyvale Road. . Your input is desired, and the City welcomes all comments, both for and against the proposed development of this trail. For further information, please contact Cary Bloomquist at 868-1258 or via email at: cbloomquist(a),saratoga.ca. us. Sincerely, ~e9~ John Cherbone Public Works Director *Note: The City Council meeting starts at 7:00 p.m. The item is listed under Old Business, and may not be presented to Council until later in the evening. However, to ensure you do not miss this presentation, plan on arriving by 7:00 p.m, . , . . . SARATOGA CITY COUNCIL MEETING DATE: December 3, 2003 5 ¿7-2Ç!/ AGENDA ITEM: ORIGINATING DEPT: City Manager CITY MANAGER: PREPARED BY: DEPT HEAD: SUBJECT: Animal Control Alternatives RECOMMENDED ACTlON(S): Accept report and direct staff accordingly. REPORT SUMMARY: Back!!round At the October 15, 2003 the City Council directed staff to issue a request for proposal to San Jose for Animal Control services. The RFP was presented to the City Council at the November 19th Council meeting. Negotiations are ongoing with San Jose to refine and clarify provisions in the RFP response. As was reported at the November 19th meeting, the City Managers from the cities that are part of SVCA met on November 17 to discuss animal Control alternatives. They worked with the SV AC staff to put together several alternatives for Cupertino, Los Gatos and Saratoga to consider. The City Managers collectively, presented these alternatives to the SVCA Board on November 24th for their consideration. (See attached SV ACA staff report outlining City Manager's proposal.) The SV ACA Board discussed the City Manager's proposal and approved options 1 and 2 in the SV ACA staff report. Option 3 was rejected by the SV ACA Board. Option 1 would maintain the JP A as is, but reduce the shelter contribution for Cupertino, Los Gatos and Saratoga to match that required in San Jose's proposal and is intended to provide competitive level of service and cost of operation. The equity position would be proportionate to the contribution and the Board composition and voting structure would remain the same. The Board also acted to authorize staff to negotiate with the owner of the Thomas Road property to extend earnest money deadline to February 15, 2004. The Board also acted to extend the deadline for withdrawal from SV ACA to January 25, 2004. This extension was intended to give the three Cities more time to consider their option while still allowing for SV ACA to withdraw without penalty from a commitment on the Thomas Road property. Under Option 2, the three cities would withdraw from the JP A, and would enter into separate contracts with the JP A for field and shelter services. The capital contribution would be the same ; as quoted in the San Jose proposal and would be "non-equity" positions. Santa Clara, Campbell A and Monte Sereno would collectively fund and own the SV ACA facility. ., SV ACA will submit a proposal containing Options I and 2 to the City of Saratoga in time for it to be analyzed and incorporated into the staff report for the December lih Council meeting. Both the SV ACA and San Jose proposals will be presented and analyzed in a comprehensive report at the Council meeting of December 17, 2004. FISCAL IMPACTS: As outlined in SCACA's staff report, Attachment 1 and Attachment 2 comparing the City of San Jose's proposal with SV ACA Options 1 and 2. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): ALTERNATIVE ACTlON(S): NIA FOLLOW UP ACTION(S): ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: Attachment 1 - SV ACA Shelter Construction Update Attachment 2 - ??? 20f3 e . \ e . . AGENDA ITEM No.9 Meeting date: 11/24/2003 SILICON VALLEY ANIMAL CONTROL AUTHORITY ~GENDA ITEM Shelter Construction Update RECOMMENDED ACTION: Discuss and possibly take action on items pertaining to the Shelter project and Member Agencies' participation levels. DISCUSSION A number of issues are presented in this report. Some of the discussions and potential decisions will be to: · Consider altering the level of Member Agency "equity participation" of the construction of the shelter · Consider alternative delivery of service options · Consider an extension of the finance and closing deadlines of the Thomas Road property · Consider an amendment to the JPA extending the deadline for Member Agencies to withdraw from SVACA Update on the Status of the Member A~encies' Council Actions Los Gatos, Saratoga and Cupertino have all received proposals from the City of San Jose to provide full Animal Care and Control Services to their cities. Each of these SVACA agencies are pursuing negotiations for a potential contract but are being encouraged by the Councils to partner for a consistent level of service. It is staff's understanding that the Member Agencies will take back to their respective Councils a final proposal from San Jose and comparison of cost and services between SV ACA and San Jose for the Councils to make a decision regarding their future participation in the JPA. Alternatives for Capital Contributions and Operational Participation The CitylT own Managers of the Member Agencies met on November 17, 2003 to discuss Animal Care and Control services as well as alternatives to the present structure of capital contributions for the SV ACA shelter project. Collectively, the City Managers of Santa Clara, Campbell and Monte Sereno worked with SV ACA staff to put together an alternative proposal for consideration by all the Member Agencies but specifically tailored for Cupertino, Los Gatos and Saratoga to Attachment 1 - SVACA Shelter rhnstruction Update SILICON V ALLEY ANIMAL CONTROL AUTHORITY Page 2 AGENDA REPORT November 24, 2003 I consider (Option 1 below). As a result of the discussion, the Managers suggested two additional service alternatives to explore. The three options are: . Option 1: Reduced Equity Participation/Reduced Operational Expenses · Maintain the JPA as a six Member agency. Cupertino would need to rescind its earlier decision to withdraw from the JPA. · Reduce the capital contribution requirements for shelter construction for Cupertino, Los Gatos and Saratoga to match those required in San Jose's current proposals-a total of $1.1 million for the 3 Agencies. · Provide competitive level of service and cost of operations. · The equity position in the Animal Shelter would be proportionate to the capital contribution. · The Board composition and the voting structure would remain the same. Option 2: Non-Equity Participation/Contracts for Services · Cupertino, Los Gatos and Saratoga would withdraw from SV ACA and then enter into separate contracts with SVACA (Santa Clara, Campbell, Monte Sereno) for field and shelter services. · The capital contribution for Cupertino, Los Gatos and Saratoga would be the . same as the .current San Jose proposals and would be "non-equity" positions. Santa Clara, Campbell and Monte Sereno would collectively fund and own the SVACA facility. Option 3: Contract with San Jose for Shelter Services · SVACA would provide field services only and approach San Jose to provide shelter services for all SV ACA members. In order to allow sufficient time for the Member Agencies to explore these options and adequately compare them to San Jose's proposals, the City Managers are also requesting that the deadline for the deposit on the Thomas Road property purchase be extended to February 15, 2004. In addition the Managers are proposing that the SV ACA Board extend the deadline for withdrawing from the JPA from December 31, 2003 to March 31,2004 (as was done last year for Sunnyvale). The above options and proposals are detailed in this report. . , . . . SILICON VALLEY ANIMAL CONTROL AUTHORITY Page 3 AGENDA REPORT Navember 24, 2003 Option 1-Reduced Equity Participation/Reduced Operational Expenses Capital Contributions: The basis of this proposal is that Saratoga, Los Gatos and Cupertino propose, in concept, to give the City of San Jose a total of $1.1 million for future construction within San Jose's existing facility. The agencies would have no proportional ownership in the San Jose facility, thus the term "non-equity position". This option proposes that Saratoga, Los Gatos and Cupertino would contribute the same $1.1 million toward the SV ACA facility and share in the equity. The remaining Member Agencies would have to agree to pay a higher Capital Contribution; they would also own a higher percentage of the facility. The capital contribution rates for the Saratoga, Los Gatos and Cupertino would be less than outlined in the Joint Powers Agreement; Monte Sereno, Campbell and Santa Clara's contributions would be higher. This proposal would require an amendment to the JPA document. In addition, this option assumes that Saratoga, Los Gatos and Cupertino would pay their portion in one lump sum prior to the closing of escrow on the Thomas Road property and would not participate in financing. Monte Sereno has also indicated they would pay their portion up front and not participate in financing. The following figures are based on the current purchase and construction estimate of approximately $5,845,200. Capital Cost Option 1 Option 1 6 Member JPA 5 Member JPA Capital Financing Total (Original %) no Cupertino Contribution wllnterest and Fee (Original %) (15 years) Campbell $1,118,065 $1,526,927 $833,072 $997,957 Cupertino $500,000 $948,378 Los Gatos $300,000 $694,750 $835,109 Monte Sereno $70,000 $54,598 $67,103 Santa Clara $3,557,097 I $4,857,880 $2,728,093 $3,234,579 Saratoga $300,000 $586,271 $710,430 As one can see, Monte Sereno has agreed to contribute more than their percentage share; they would also own more of the facility under this option. SILICON V ALLEY ANIMAL CONTROL AUTHORITY Page 4 AGENDA REPORT November 24, 2003 , . The following would be the revised equity positions of the Thomas Road property of each of the Member Agencies (rounded to nearest 10th) under Option 1 as presented above: Option 1 Equity Original Equity Campbell 19.1% 14.3% Cupertino 8.6% 16.2% Los Gatos 5.1% 11.9% Monte Sereno 1.2% 0.9% Santa Clara 60.9% 46.7% Saratoga 5.1% 10.0% Member Agency Contributions-Operations: Several staff and budget reductions were made to the proposed operating budget when Cupertino announced it would be withdrawing from SVACA. The original vision for the shelter operation was based on being open to the public 7 days a week and until at least 7 p.m. on weekdays. With the downturn of the economy and budget reductions facing the Member Agencies, the Board . reconsidered the level of shelter services. The hours of operations were reduced to the following: tions Closed 11 :00 a.m. to 5:30 .m. 11 :00 a.m. to 7:00 .m. 11 :00 a.m. to 5:30 .m. 11 :00 a.m. to 5:30 .m. 11 :00 a.m. to 5:30 .m. Closed Closed 8:00 a.m. to 6:00 .m. 8:00 a.m. to 6:00 .m. 8:00 a.m. to 7:00 .m. 8:00 a.m. to 6:00 .m. 8:00 a.m. to 6:00 .m. 8:00 a.m. to 6:00 .m. 8:00 a.m. to 5:00 .m. Closed . e . . SILICON VALLEY ANIMAL CONTROL AUTHORITY Page 5 AGENDA REPORT November 24, 2003 A "night drop" will be available for turning in animals when the shelter is closed. With the development of Option 1, the proposed Operational Budget was again scrutinized by staff. The following changes and conditions were used to determine the revised Member Agency Contributions for Option 1 with the inclusion of Cupertino: · Based on FY2003-04 salaries, benefits and service agreements. · Salaries for new positions calculated at 12 months Step 2 (typically new employees start at Step 1 and advance to Step 2 after 6 months) · Assumes the shelter "in operation".. .no start-up costs. · Field Service remains unchanged (7 days/week and holidays; emergency stand- by) · Shelter Services: Hours unchanged at this time; as the economy improves, the Board may consider extending the hours of operation and additional positions. · Revenue from Adoptions and Supplies for Resale added into budget · Customer/Animal Care Supervisor reduced to Sr. Customer Care Specialist; salary reduced accordingly · Reserve was originally calculated with Vehicle Replacement Fund and Salary Adjustment Fund in the body of the budget Those two line items were removed for the calculation of the Reserve. As a result, the Undesignated Reserve decreased. Based on the parameters/caveats above, the following would be the Member Agency Contributions for full service operations: Prior -6 Option 1 Member Savings Aqencies Campbell $ 199,646.07 $232,543.50 $32,897.43 Cupertino $ 225,540.34 $261,119.72 $35,579.38 Los Gatos $ 164,872.71 $190,559.61 $25,686.90 Monte Sereno $ 12,651.18 $14,341.04 $1,689.86 Santa Clara $ 661,808.84 $778,170.71 $116,361.87 Saratoqa $ 138,225.45 $158,925.08 $20,699.63 SILICON V ALLEY ANIMAL CONTROL AUTHORITY Page 6 AGENDA REPORT November 24, 2003 { The following table compares the Option 1 Member Agency Operational Contributions to the most recent proposals from San Jose: . Option 1 San Jose Proposal Savings Cupertino* $225,540 $171,985 ($53,555) Los Gatos $164,873 $190,000 $25,127 Saratoga $138,225 $175,000 $36,775 (*Note: Cupertino's proposal is based on $130,000 for Administration and Field Services plus a "per animal" shelter fee. The above figure could go up or down depending on the number of animals impounded. In addition, the level òf field service requested in the RFP appears to be less than currently provided by SVACA.) Five Member Aqency Option 1 was not specifically proposed by the City Managers in the context of what the numbers would look like if Cupertino still chooses not to participate in SVACA. Option 1 was based on all 6 Member Agencies participating. If Cupertino does not participate . and if the Board would like to continue to offer Saratoga and Los Gatos a reduced equity participation in the Shelter project, the following would be the Capital Contributions: Cu rrent Option 1 Option 1 Annual Contributions w/Financing Payments Campbell $997,957 $1,237,658 $1,692,106 $112,807 , Los Gatos $835,109 $300,000 Monte Sereno $67,103 $70,000 Santa Clara $3,234,579 $3,937,579 $5,383,394 $358,893 Saratoaa $710,430 $300,000 In this same scenario, the Operating costs would be: Campbell $237,059 Los Gatos $196,456 Monte Sereno $15,445 Santa Clara $777 ,603 Saratoç¡a $166,109 . , e e e SILICON V ALLEY ANIMAL CONTROL AUTHORITY Page 7 AGENDA REPORT November 24, 2003 At this time, staff has not calculated the budget with only 3 Member Agencies-Santa Clara, Campbell and Monte Sereno. However, the following would be the contribution rates for a 3 member JPA, rounded to the nearest 10th: Admin Field Shelter Campbell 23.5% 26.1% 20.8% Monte Sereno 1.8% 2.8% 0.8% Santa Clara 74.7% 71.1% 78.4% The Capital Contribution rate is the Administration percentage. Staff would like to re-emphasize that the above Operational Budget figures are based on 2003-04 dollars. There will be certain start-up costs, as with any operation, not contained in the figures above. The annual costs would level out and should remain consistent beginning year 2. SILICON V ALLEY ANIMAL CONTROL AUTHORITY Page 8 AGENDA REPORT November 24, 2003 , Option 2-Reduced Eauitv Participation/Contracts for Services e In this option, Cupertino, Los Gatos and Saratoga would withdraw from the JPA and then enter into separate contracts with SV ACA (Santa Clara, Campbell, Monte Sereno) for field and shelter services. The Capital Contributions for Cupertino, Los Gatos and Saratoga would be the same as in Option 1--$1.1 collectively--butwould be "non-equity" positions. Santa Clara, Campbell and Monte Sereno would fund the remaining portion of the construction cost and own the facility. The fees for any agency wishing to contract for services have not been calculated. The most fair method, however, is to provide the same level of service to all the agencies, whether they are Members or contracting. A lesser level of s'ervice to one or more agencies would mean that the difference for staffing costs (primarily) would increase the other Member Agencies' contribution. Because there is more staff work involved with contracts, the fees will be higher than that paid by a Member Agency. Los Gatos and Saratoga contract fees would fall somewhere between the Option 1 Member Agency rate and that which is currently proposed by San Jose. It is unknown at this time what Cupertino's fee would be in a relationship to the Option 1 rate. ., It should be noted that while the RFP's issued to San Jose by Cupertino, Los Gatos and Saratoga require a lesser level of service than that which is currently provided by SV ACA, these Member Agencies have not approached SV ACA to request proposals for a lower level of service as a member of the JPA, even though the JPA agreement allows them to do so. While contracting is certainly a viable option, SVACA may find itself in the middle of "bidding wars" every few years. While one may say the proposals are for 20 year contracts and the contracts are re-negotiated every three years, they are realistically and operationally three year contracts. This scenario could have a negative impact on staff continuity as well as overall operations if contracting agencies left or threaten to leave every few years. . . . . SILICON VALLEY ANIMAL CONTROL AUTHORITY Page 9 AGENDA REPORT November 24, 2003 Option.3-Contract with San Jose for Shelter Services As the Board will recall, staff was directed to contact the City of San Jose for this same option in early 2003. The response received from San Jose was that they would not have adequate space in their present facility and configuration to meet SV ACA's animal housing needs. In April, however, San Jose hired a new Deputy Director for the Animal Services Division of Parks, Recreation and Neighborhood Services Department. Staff contacted Jon Cicirelli, Deputy Director Animal Services for the City of San Jose, to discuss the feasibility of this option. In order to house all of the SVACA Member Agencies' animals, additional animal housing space would need to be constructed. The challenge is more with the cat holding and housing areas as opposed to the areas designated for dogs. There currently exists 3 areas within San Jose's shelter totaling 4,600 sq. ft. that were not finished...they are "shell" spaces. Mr. Cicirelli said that these areas could be finished in a fashion that could potentially provide the additional housing requirements for SV ACA's animals. Doing so would eliminate the possibility of completing one of the shell spaces for a future veterinary clinic. Mr. Cicirelli estimates this proposal would require approximately $2.5 million from SVACA to finish the 4,600 sq. ft. of shell space existing within the current structure. The $2.5 million would be a non-equity position-SVACA would not own any portion of the structure or improvements. He also estimates the construction would not be able to be completed until the end of calendar year 2004. Staff did not discuss nor request annual contract fees from Mr. Cicirelli for housing SV ACA's approximately 5000 animals pending further direction from the SV ACA Board. Based on the current capital contribution rate for all current SVACA Member Agencies, the following non-equity capital contributions would be required to satisfy the $2.5 million non-equity estimate: Campbell $356,308 Cupertino $405,625 Los Gatos $297,148 Monte Sereno $23,352 Santa Clara $1,166,817 Saratoga $250,751 SILICON VALLEY ANIMAL CONTROL AUTHORITY Page 10 AGENDA REPORT Navemb¡;r 24, 2003 If Cupertino does not remain a member of SVACA, the non-equity capital costs would be reduced to $2 million (Cupertino's individual share is $500,000). The Member Agency portions would be: Campbell $ 341,467 Los Gatos $ 285,741 Monte Sereno $ 22,969 Saratoç¡a $ 243,078 Santa Clara $ 1,106,745 It should also be noted that San Jose's proposal of completing the 4,600 sq. ft. at $2.5 million is equal to $543 per sq. ft. in construction costs. The proposed purchase and construction costs for the Thomas Road property would compare at $340 per sq. ft., which includes the purchase price for the land and structure as well the improvements. In addition, the SVACA Member Agencies would own the Thomas Road/SVACA facility. They would have no equity in the San Jose facility. " . . . , . . . SILICON V ALLEY ANIMAL CONTROL AUTHORITY Page 11 AGENDA REPORT November 24, 2003 Withdraw Date Extension and Extension of Thomas Road Deposit In order to allow sufficient time for the Member Agencies to explore these options and adequately compare them to San Jose's proposals, the City/Town Managers are requesting that the deadline for the deposit on the Thomas Road property purchase be extended to February 15, 2004. In addition the Managers are proposing that the SV ACA Board extend the deadline for withdrawing from the JPA from December 31, 2003 to March 31,2004 to be effective on July 1,2004 (as was done last year for Sunnyvale). The TAC met on November 6,2003 and voted unanimously to request that the Board request from the seller an extension of the deposit deadline for Thomas Road to January 15, 2004 due to the holidays and December meeting schedule of the Member Agencies' Councils. The TAC also recommended that the Board authorize up to $20,000 additional deposit funds if necessary. This meeting was prior to the City/Town Managers meeting. Staff met with SV ACA's real estate agent, Mark Zamudio, on November 19, 2004. A letter has been drafted to the owner of Thomas Road to see if he is willing to grant an extension to February 15, 2004. We hope to have a response prior to the Board meeting. As stated earlier, the City/Town Managers collectively are requesting an extension to withdraw from the JPA to March 31, 2004. It should be clarified that the withdrawal date "technically" should come before the deadline for the deposit and closing on Thomas Road. If the property closes at the end of Februarylearly March and the deadline to withdraw is March 31, some agencies could find themselves in a position of having to remain in SV ACA even if they wish to withdraw because of the property purchase. The Saratoga Council stated at its November 19, 2003 meeting that a withdrawal extension to January 31,2004 would be acceptable. Any extension to withdraw from the JPA requires an immediate amendment to the JPA that must be approved by all Member Agencies prior to December 30, 2003. Depending on which date the Board chooses for withdrawal extension, the extension may also have an affect on the budget deadlines contained in the JPA, as happened last year. Any proposed withdrawal extension would incorporate changes to the budget preparation requirements. This change does not and cannot extend the deadline for the final adoption of the FY 2004-05 budget, which must be approved according to state law by June 30, 2004. For Additional Information for the Board: The Board should be aware of the effect this process has had on the staffing levels of SV ACA. SILICON V ALLEY ANIMAL CONTROL AUTHORITY Page 12 AGENDA REPORT November 24, 2003 , . The past year and a half has been frustrating for the SV ACA staff yet they have not let this interfere with their work and they continue to provide high quality service to its member cities. This is not typical of agencies that are in flux. The high quality service that has been discussed at SVACA Board meetings and Member Agency CityfTown Council meetings is due to the professional individuals that SVACA employs. Other employment opportunities are arising for our current staff and SV ACA risks losing them if the JPA's future is not made clear as soon as possible. Currently SVACA is one ACO short of a full staff and SVACA's uncertainty has made it quite difficult to fill the position. At least one potential candidate has shied away due to the prospect of only being employed through June 30, 2004. If SVACA moves forward as it currently exists, staff believes it would be able to hire someone with little difficulty. Should Saratoga and Los Gatos elect to withdraw from SV ACA, staff wOuld recommend to the T AC that services be reduced due to the inability to hire staff for the short term. Should the deadline for withdrawal be extended to March 31, 2004, staff may have no choice but to recommend imrnediate interim reductions in service levels. We also expect that current staff will attempt to gain employment elsewhere as we move along through 2004. The City of San Jose is currently recruiting for their new shelter positions. . Thomas Road-Preliminary Title Report and Financina Staff and Legal Counsel will be providing an update on the Preliminary Title report and presenting options for Board approval in order to meet the current December 1, 2003 deadline for removing contingencies contained in the Purchase Agreement. . , . . . City of Saratoga Animal Control Options SVACA San Original Option Option Jose Proposal 1 2 Proposal Equity Ownership 10.00% 5.10% 0.00% 0.00% Field Service 6 Cities $158,925 $ 138,225 see below $ 175,000 5 Cities $166,109 Capital Contribution $ 71 0,430 $ 300,000 $ 300,000 $ 300,000 SV ACA has not determined the amount it would charge Contract Cities for Field Service under option 2. SVACA's director stated that the amount would not exceed $175,000. 11/26/2003 Attachment 2 - SVACA Table of Animal Control Optiom . . . SARATOGA CITY COUNCIL MEETING DATE: December 3, 2003 UJ AGENDA ITEM: ORIGINATING DEPT: Administrative Services CITY MANAGER: & -----<. ~/ DEPTHEA~ PREPARED BY: Jesse Baloca SUBJECT: Fire Alarm Cost Benefit Analysis RECOMMENDED ACTION(S): Accept Report. REPORT SUMMARY: At the November 5, 2003 Council Meeting, the bid for the contract with Omnitronics was accepted for the installation of a fire alarm system. The amount of $47,435, with change approval of up to $4,800, was includes the furnishirig of materials, equipment and labor to install fire alarms at the Saratoga Civic Center AdministrationIPlanning buildings and the Civic Theatre. During Council's review, the issue regarding the potential savings realized if fire alarms were installed in the public works corporation yard and the Warner Hutton House was raised in the form of the following questions: 1) What amount of insurance premium could be saved? and 2) What would be the estimated time for investment/cost recovery, if applicable? Currently, the City is a member of the Association of Bay Area Govemment (ABAG) liability pool, which is comprised of cities, districts, and other public agencies. The City's rate is based primarily on risk experience and percentage share on the overall values of the property program. According to our Risk Manager at ABAG, the overall values of the property program are so large that the change probably won't be reflected in the premium for the individual buildings. However, if the City of Saratoga were paying typical premium rates for just the City's values it would be worth approximately 5 cents per thousand dollars of building value per year or $29.75 for the public works corp. yard and $18.45 for the Wamer Hutton House, per year. Although more difficult to quantify is the risk of not having fire alarms, especially where public access is allowed. Estimates for the fire alarm were as follows: Warner Hutton House Corporation Yard Building $10,358 to $15,475 $11,163 to $16,475 Based upon the level of foreseen risk, budget constraints, lack of premium savings and required investment it is recommended that the determination to install fire alarms at the above buildings . be postponed for future consideration. FISCAL IMPACTS: $0 if staff recommendation is followed. Between $10,358 to $31,950, depending on building(s) and vendor selection for fire alarm installation. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): City will need to appropriate any approved level of funding from unobligated reserves, Council Contingency, or program sacrifice. ALTERNATIVE ACTlON(S): Council could immediately appropriate funds and direct staff to return with a contract for execution, rather than postpone for future consideration. FOLLOW UP ACTION(S): File for future consideration or proceed to execute a contract for council review. ADVERTISING, NOTICING AND PUBLIC CONTACT: e Nothing additional. ATTACHMENT(S): . 20f2 \ . . . SARATOGA CITY COUNCIL MEETING DATE: ì O...?/,/ December 19, 2003 AGENDA ITEM: ORIGINATING DEPT: City Mana!!er CITY MANAGER: PREPARED BY: Dave Anderson DEPT HEAD: SUBJECT: LAFCO Council Adhoc Committee Report on County-wide Fire Protection Service Review RECOMMENDED ACTION(S): Receive report and provide further direction to City staff and Council Sub-committee. REPORT SUMMARY: Background: The draft countywide fire Protection Service Review report was issued on November 18th, 2003. The Service Review is required by the State and specifies that each LAFCO conduct service reviews prior to or in conjunction with the five-year mandated sphere of influence updates. The review of fire services in Santa Clara County is first in a series of such service reviews. As part of the service review LAFCO must prepare an analysis and written statement of determination regarding each of the following nine categories: · Infrastructure needs and deficiencies Growth in population projections Financing constraints and opportunities Cost A voidance opportunities Opportunities for rate restructuring · Opportunities for shared facilities · Government structure options · Evaluation of management deficiencies · Local accountability in governance · · · · This Service Review includes all fire service agencies in the County including seven city fire departments and four Fire Protection Districts. Thereport includes a special in-depth report on regional fire protection alternatives for Saratoga and surrounding areas. This special area of study was initiated because of a concern with duplication of service with two separate jurisdictions provicling fire and EMS response in the City of Saratoga. Fire and EMS protection in the City of Saratoga is provided by the Santa Clara County Central Fire Protection District and by the Saratoga Fire Protection District. Each covers approximately half of the City. Service levels and cost are different between the two Districts as detailed in the / report on page 111. A Boundary Drop Agreement, however, has alleviated many of the on-going . operational issues. The report presents four alternatives related to possible governmental reorganization of the fire service delivery, including: 1) Dissolution of the Saratoga Fire Protection District and annexation to County Fire 2) The City withdrawing from both Districts and making a decision about a unified approach to service delivery within the City 3) Expansion of the Saratoga Fire Protection District into the County fire area of the City 4) Continuation of the current approach with/without additional service improvements. Discussion: LAFCO consultants will present this item at the LAFCO meeting on December 10, 2003. The report will be introduced in a "workshop" format. A public hearing on the draft report has been scheduled for LAFCO's February 11, 2004 meeting. LAFCO is soliciting comments from the affected agencies and the public by January 7, 2004. If a second public hearing is necessary, it will be held on April 14, 2004. The Council LAFCO Adhoc Sub-Committee has met and has the following recommendations to the full City Council to be passed along to LAFCO: 1) Property owners within the Saratoga Fire Protection District boundaries pay an additional . assessment to finance bonds issued to construct the new fire station. This tax rate should be added to the Tax Rate Table on page 112. 2) The Sub-committee recommends that an additional option be added. Option #5 Satatoga Fire Protection District contract with Santa Clara County Central Fire Protection District for service. 3) There was also a concern with Option #1 that if the District was absorbed into Central Fire, ownership of the fire station be retained by the City of Saratoga or that an agreement be signed stipulating that the building be used as a fire station in perpetuity or would revert to the City if the use ofthe building was to change. 4) The sub-committee would also like to urge the Council to pass on a recommendation to LAFCO to address comparisons between the two districts regarding hillside fire capabilities. The Sub-committee would like to recommend that Council review and approve the comments above to be forwarded to LAFCO on behalf of the entire Council and to solicit comments from the public at the Council meeting January 7, 2004. Those comments would then be likewise passed to LAFCO in a timely fashion. Council LAFCO Sub-committee is willing to attend the LAFCO hearing and to transmit comments on the report from the City of Saratoga's perspective. (The LAFCO deadline for comments is also January 7th. LAFCO has granted Saratoga an extension of one day to allow comments generated from the Council meeting to be submitted to . LAFCO). 20f4 · · · The Sub-committee also recommends that it be given the mission to study the final report once it is issued and to come back to the City Council with recommendations concerning what actions the City of Saratoga might take with respect to one or more options and alternatives as outlined in any final report. FISCAL IMPACTS: NIA CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): NIA ALTERNATIVE ACTION(S): NIA FOLLOW UP ACTION(S): NIA ADVERTISING, NOTICING AND PUBLIC CONTACT: NIA ATTACHMENTS: Attachment A - LAFCO Information Schedule 30f4 ::LAFCO Local Agency Formation Commission of Santa Clara County www.santaclara.lafco.ca.aov - County Government Center, 11'" Floor, East Wing 70 West Hedding Street, San Jose, CA 95110 Tel. (408) 299-5127 Fax: (408) 295-1613 -'. Rt?t",~,w"'" ~ Nav 2 4 2003 CITY OF 0AKA IOGA . LAFCO's Service Review Responsibility The Cortèse-Knox-Hertzberg Local Government Reorganization Act of 2000 (California G.overnment Code §56ooo et seq.) mandates that each LAFCO conduct service reviews prior to or in conjunctionwllh the sphere of influence studies and updates. The statutory authOrity for service reviews states that LAFCO must prepare an analysis and written statement of determinations regarding each of the following nine categories: · Infrastructure needs and deficiencies, · growth and population projectionS, · financing constraints and opportunities, · cost av()ldance opportunities, · opportunities for rate reStructuring · opportunities for shared facilities, · government structure options including advantages and disadvantages of consolidation or re-organization of service providers evaluation of management efficlenpies local accountability and governance . · · For more information or to schedule a meeting with LAFCO staff, Please Contact: Neelima Palacherla, LAFCO Executive Officer Tel: (408) 299-5127; E-mail: neellma.palacherla@ceo.sccgov.org OR Dun!a Noel, LAFCO Analyst Tel: (408) 299-5148; E-mail: dunia.noel@ceo.sccgov.org . Attachment A - LAFCO Information Schedule . - - : LAFCO's Draft Countywide Fire Protection Service Review Report . ~:-> LAFCO's Draft Countywide Fire Protection Service Review Report Released' lAFCO of Santa Clara County has released a draft of the Countywide Fire Protection service 'Review Report. Copies of the report have been mailed to each of the special districts that provide fire protection services, to each of the cities, to the county and to other groups and agencies such as the Cities Association and volunteer fire companies. The report (PDF version) is posted 01"1 thel,AFCO Web ,site (www.santaclara.lafco.ca.gov) for printing or downloading. Additionalcopies areavaijableinthe LAFCO office. lAFCO office will provide one hard copy per agency. A fee will be charged for adcitional c:oples; Public Review and Comment Period Extended In order to allow other agencies and the public more time to review the report, the public review and comment period has been extended. Written comments on the report should be submitted by January 7. 2004. Please send your written comments to the LAFCO Office at 70 West Hedding Street, 11th Floor, East Wing, San Jose, CA95110. Commentsr~j\¡edby January 1. 2004.will.beaddressed in the revis,E!(\draft report, A public hearing 00 the reVised dr.!flreport will be held at the f'ebruary 11..2004 LAFCO m~tlng. . Contents of the Draft Service Review Report The service review report will proVide an overview of the oyerall fire service proyislon siructure In the County along with profiles of all the agencies/departments that provide fire protection service. It will identify Issues related to fire service proVision, propose various options for addressing Ihese issues .and provide a brief analysis of tl1e altematives. The report will NOT make any specific recommendations with regard to the alternatives proposed. The report will. include the service reviewd.eterminations as required by the Cortese-Knox Hertzberg Act. . We would lIke to thank all the agencIes that particIpated In thIs study. . LAFCO Workshop on Draft Report: . December 10,2003 An informational workshop on the draft report will be held during the LAFCO meeting scheduled for December 10, 2003. AI this meeting, the draft report will be presented and discussed with the Commission. Public comments on the report will be accepted by lAFCO. However, no final action on the draft report will betaken a\thls meeting. Date: Time: ' location: December 10, 2003 1:15 pm or soon thereafter Board Chambers County Government Center 70WesH:leddJII$I ~.treet $an..lose;CA95110· . Service . Review Process LAFCO.,conlracted with Matrix Consulting Group in March 2003 to conduct a. countywIde fire protection service reView. Atechnlcal advisory' committee comprised" of two .fìre . chiefs. a city manager and LAFCO staff have been working closely with the.. consultant. '. discussing, reViewing and providing lnputas well as serving as liaison between. LAFCa.. City . Manager's Asspc;iati0ll.. and th.e.. .Fire ,.Chiefs·.Association throughout the process. The consultants have met I c:onsu1ted with, '.. disctlssE!(\ and. collected infQrmation frOm <In thEl'a\l~ncies ¡departments that proVide tire serviCes in' Santa Clara County. In addition, periodic updates on the service review process have' been provided to lAFCO'. the Fire Chiefs Association, the Santa Clara C()µI}ty >CiI.es,~sClpjap()lI.aJ1Ø ..·.·II'I~iÇity·.·· . M¡;ft'\~ger's,t..sSO<:I<1tiOn7A briElfpYElry¡e'!Ý.~tti(iiD report Was.··recêntl}'·proVldeditó!bê.··Flre·.ChHin.;'····· Association and the City Manager's Association. l e e . SARATOGA CITY COUNCIL MEETING DATE: December 3, 2003 AGENDA ITEM: ~ CITY MANAGER: ê/Ý Ç/ - ORIGINATING DEPT: City Manager's Office PREPARED BY: DEPT HEAD: SUBJECT: Commission Vacancy Update and Proposed Interview Dates RECOMMENDED ACTION: Accept report and direct staff accordingly. REPORT SUMMARY: On April 1, 2004 the following commissions will have a significant number of vacancies due to expired terms or resignations: Arts Commission (3), Heritage Preservation Commission (4), and Public Safety Commission (4). Furthermore, on July 1, 2004 the Youth Commission will have 10 vacancies: In an effort to allow Council to make personal scheduling arrangements and in order to fill these vacancies in a timely matter staff is requesting approval form Council to schedule interviews for the Arts, HPC and PSC on Tuesday, March 9, 2004 and Tuesday, March 23, 2003 at 6:00 p.m. The normal practice has been to interview candidates prior to City Council meetings. On November 19, 2003 Council directed staff to scheduled the annual Joint Meetings with the various City Commissions prior to the regularly scheduled meeting. These Joint Meetings would take up the allotted time before the Council meeting to conduct such interviews. If Council concurs the deadline for applications would be set for February 27, 2003 for all the Commissions except for the Youth Commission, which would be April 30, 2003 with interviews held on May 11 th, and May 25th. FISCAL IMPACTS: NIA CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: Alternative interview dates would need to be scheduled. ALTERNATIVE ACTION: NIA FOLLOW UP ACTION: Advertise vacancies in the Saratogan and the Saratoga News, post on the City's kiosk and onthe KSAR Community Bulletin Board. ADVERTISING, NOTICING AND PUBLIC CONTACT: NIA ATTACHMENTS: Attachment A - City Roster 20[2 ; t e . . e e . ,~ Ciry of Saratoga/Council-Commissions List Public Distribution 711512003 ¡ ARTS COMMISSION - Meets 2ßâ Monday 1-3p.m.- Community Center, Patio Room - Kim Saxton-Heinrichs, Staff Liaison 14003 Chester Ave. (Home) 867-2701 19880 Lark Way (Home) 354-4622 Home) 255-9908 14275 Saratoga Ave. (Home) 867-3156 P.O. Box 2898 14950 Gerneil Ct. (Home) 867-2919 (04/04) Halgren, Tracy (04/04) Henderson, Mary Ann (04/06) Murray, LeRoy (Chair) (04/04) Peck, Betty (04/06) Pontier de Mattei, Lisa (04/06) Taylor, Mary Lou (04/06) Vacant FINANCE COMMISSION - Meets 2"0 Monday 7:00p.m.- City Hall- Jesse Baloca, Staff Liaison . (10105) Allen, Richard (10105) Vacant (10105) Hughes, Jim (Chair) (10103) Narain, Ajay (Home) 867-4556 (10/03) Ochi, Sam (10103) Swan, Chuck (10105) Tennant, Alex (Home) 252-2629 18596 Arbolada Way (Home) 354-4148 (Work) 739-4900 19920 Saraglen Court (Home) 446-1102 (Home) 741-0322 14565 Chester Avenue (Home) 867-8232 HERITAGE PRESERVATION COMMISSION - Meets 2ßQ Tuesday 9:00a.m.- Hutton House - John Livingstone, Staff Liaison (04/06) Bailey, Patricia (04/04) BalJingall, Phylis (04/06) Conrado, Paul (04/06) Grens, Dora (04/04) Koepernik, Norman (Chair) (04/06) Lowdermilk, Tom (04/04) Peck, Willys (Home) 867-4001 (Home) 867-3150 (Home) 741-1436 (Home) 867-4239 (Home) 971-9636 (Home) 867-4918 (Home) 867-3156 LIBRARY COMMISSION - Meets 4th Wednesday 7:0Op.m.- City Hall- Lori Burns, Staff Liaison (10106) Chandra, Bobby 18595 Woodbank Way (Home) 867-3595 (Work) 868-6209 19984 Wellington Ct. (Home) 867-1444 (Home) 354-7159 (Home) 867-4461 (Home) 741-9100 (Home) 257-6475 (Home) 867-8605 (10/06) Cross, Anne (10105) Foscato, Cathy (10/04) Gipstein, Ruth (10106) Grover, Pragti (10104) Johnson, Donald (10/04) Manzo, Marcia (Chair) City of Saratoga/Council-Commissions List Public Distribution 7/1512003 .J < PARKS & RECREATION COMMISSION - Meets 1 st Monday 7:30p.m - City Hall - Cary Bloomquist, Staff Liaison e (10105) Deimler, Logan (10103) Dodge, Sandra (Chair) (10105) Frazier, Angela (10103) Fronczak, Norbert (10105) Gates, Grego!)' (10103) Vacant PUBLIC SAFETY COMMISSION - Meets 2nd Thursday 6:30p.m.- City Hall - Danielle Surdin, Staff Liaison 12357 Saraglen Drive (Home) 252-7243 (Work) 996-7745 14320 Springer Ave. (Home) 741-5688 14649 Oak St. #5 (Home) 867-0639 (Home) 865-1630 12555 Goleta Ave. (Home) 253-5957 (Home) 370-9620 (10/03) Clabeaux, Elaine (04/04) Andreson, Francis 04/06) Bal1ingall, Brigitte (04/04) Edel, Thomas (04/04) Kane, Mitch (Chair) (04/04) Santana, Ronny (04/06) Tennenbaum, Isabelle (04/06) Vacant (Home) 867-7872 (Home) 867-1849 (Home) 867-9889 (Home) 257-5418 P.O. Box 3684 (Home) 291-8007 (Home) 741-8118 YOUTH COMMISSION - Meets 2M Tuesday 7-9p.m. - City Hall- Taffy Lowerv, Staff Liaison . (07/05) Baker, Phillip (07/04) Ballingall, James (07/04) Burke, Kelly (07/05) Byrne, Michael (07/04) Farnum, Valerie (07/05) Gupta, Tonya (07/04) Jayakumar, Shruti (07/05) Klaus, Jessica (07/04) Lee, Joanna (07/04) Luskey, Jackie (07/04) Maltiel, Tami (07/05) Rezaii, Elli (07/05) Schartz, Elise (07/04) Sc1avos, Ted (07/04) Skelly, Conner (07/04) Wu, Deborah (Home) 867-0150 (Home) 867-0927 (Home) 867-4548 (Home) 867-3004 (Home) 741-8511 (Home) 446-0302 (Home) 741-8183 (Home) 255-6677 (Home) 741-4810 (Home) 741-2233 (Home) 446-3040 (Home) 395-3124 (Home) 867-2031 (Home) 872-8300 (Home) 867-6636 (Home) 973-9578 . ') . . . SARATOGA CITY COUNCIL c~-/_ MEETING DATE: December 3, 2003 AGENDA ITEM: ORIGINATING DEPT: City Manager's Office CITY MANAGER: PREPARED BY: r ß~r DEPT HEAD: Cathleen Boyer, . y Clerk SUBJECT: City Council Polices RECOMMENDED ACTION: Approve Council Polices and direct staff accordingly. REPORT SUMMARY: At the City Council Retreat on February 1, 2003 staff was directed to begin the process of drafting a City Council Policy document. Councilmember Kline and Councilmember Bogosian were both appointed to the AdHoc Committee to work with staff to prepare this document As the Subcommittee prepared to for this assignment, many old council polices were found, some extremely outdated and other current practices never formally adopted by Council. Many issues addressed in the attached policy are consistent with best practices of many other cities but may not in all instances conform to current practices. . The Council Subcommittee recommends the changes to current practices included in the draft policies. The Subcommittee seeks comments from the Council as a whole to insure that the Council policies reflect a Council consensus. FISCAL IMPACTS: NIA CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: City Council would not have an approved "Council Policy" document. ALTERNATIVE ACTION: NIA FOLLOW UP ACTION: N/A ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: Attachment A - Draft Council Polices ¿ RESOLUTION NO. 03- . POLICY RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA ESTABLISHING POLICY PERTAINING TO NORMS OF OPERATION AND RULES OF ORDER AND PROCEDURE FOR CITY COUNCIL WHEREAS, it is critical to the successful operation of any public or private organization and agency, that rules, standards, or norms be established to define the roles, responsibilities and expectations of the governing board and staff in the operation of the organization; and WHEREAS, the establishment of rules, standards or norms by a City Council will promote under-standing and trust among members of the City Council and City Staff concerning their roles, responsibilities, and expectations for the operation of the City; and WHEREAS, periodic review will assist each new member of the City Council to better understand their responsibility and role as a Councihnember. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Saratoga, State of California, that policy pertaining to Norms of Operation and Rules of Order and Procedure for City Council is hereby establìshed as follows: CITY COUNCIL NORMS OF OPERATION . Section 1. OPERATION OF CITY COUNCIL MEETINGS A. City Council Meetings shall be run fo11owing the outline listed in Section 6.B. of this document. Each item shall be introduced by the Mayor, followed by a staff report and either a public hearing or public comment period. . After close of public comments, the City Council will deliberate the matter following Roberts Rules of order. The Mayor may entertain a general discussion of the item before a motion is offered. B. Any City Council-member, including the Mayor, may place an item on an upcoming City Council meeting agenda under New Business. C. No significant resources (more than three hours of staff time) sha11 be used by staff until the Council gives direction on an item, The Mayor may declare. an item 'urgent' and request significant resources fi'om staff to prepare a report before the Council meeting when that item will be heard. D. If an item appears again in a future Council meeting, it shall be heard under Old Business. Items placed under public hearings shall only be those that are defined by law as requiring a special notice and a public hearing or those called by City Council on its own volition. . 1 . . . . E. In order to ensure that all members of the public have an opportunity to speak and that the Council is able to complete its business, there will be a three-minute limitation on comments by the public except for applicants and appellants at public hearings or as otherwise provided by law. In order to effectively enforce this rule, the City Clerk will monitor the time for each speaker with an electronic timer. The timer will beep at the one- minute remaining point, and again at the three-minute point. Ifthere are more than twenty (20) identified speakers for one item at the beginning of the public comment period or public hearing, the Mayor may adjust the three-minute time down to two minutes per speaker. F. Closed sessions ofthe City Council shall be conducted prior to the 7:00 p.m. business portion of regular meetings. Ifnecessary, Closed Sessions not completed prior to the 7:00 p.m. business portion will be considered at the conclusion ofthe business portion of the meeting, or as otherwise determined by the City Council. G. Members of Council should not engage in debate with a member of the public or Staff at Council meetings since these debates seldom resolve concerns and many times inflame feelings at a public meeting. Any concems by a member of Council over the behavior or work of a City employee during a Council meeting should be directed to the City Manager privately to ensure the concem is resolved. H. Prior to the close ofthe public hearing or comment period Councihnembers may ask questions of anyone in the audience. The public hearing and comment period are the times for Council to receive evidence. Once the hearing or comment period is closed, the Council deliberates based on that evidence. While Council may elect to re-open a hearing or comment period (assume no prejudice to the rights of an applicant or appellant) it should make every effort to get all the information it needs while the hearing or comment period is still open. If the Council asks questions after the final presentation of the applicant/appellant in a permit-related hearing the Council would need to provide the applicant/appellant with an opportunity to rebut the answers to the questions. While these rules need not apply as strictly to hearings where due process less of an issue (i.e., an ordinance amendment) is desirable a uniform set of rules for all public hearings and comment periods. 1. The Mayor may, with Council concurrence, schedule Council review of agenda items out of their prescribed order on the printed agenda if a large number of the public are present to speak on agenda item. Section 2. CITY COUNCIL RELATIONS WITH CITY STAFF A. There shall be mutual respect from both Staff and Councihnembers oftheir respective roles and responsibilities when and if expressing criticism in public session. B. City Staff shall acknowledge the Council as policy makers and the City Council shall acknowledge Staff as administering the Council's policies. 2 · C. All requests for information or questions by the City Council to Staff shall be directed . to the City Manager, City Attorney, City Clerk, or Department Managers. All complaints should be submitted to the City Manager or, if a complaint concerns the City Manager, to the City Attorney. D. All written informational material requested by individual Councilmembers shall be submitted by Staffto all Councilmembers with the notation indicating which Councilmember requested the information. E. Council shall not àttempt to coerce or influence Staff in the making of appointments, the awarding of contracts, the selection of consultants, the processing of development applications, the granting of City licenses or pennits. The Council shall not attempt to change or interfere with the operating policies and practices of any City department. F. Mail that is addressed to the Mayor and City Council shall be circulated by the City Clerk to the City Council with a comment as to which Staff person will be assisting the Mayor in preparing a response. The Mayor's response, in addition to the original communication, will be submitted to the City Council for their information. G. The City Clerk shall not open mail addressed to an individual Councilmember. H. Individual Councilmembers shall not direct Staff to initiate any action or prepare any report that is significant in nature or initiate any project or study. All such direction shall be provided by the City Manager or by action of a majority of the City Council at a City Council . meeting. Councilmembers may ask for limited action and information for items that are on an agenda as long as any information is distributed to all City Councilmembers Section 3. CITY COUNCIL RELATIONSHIP WITH CITY COMMISSIONS A. Members of the City Council should not attempt to influence or publicly criticize commission recommendations, or to influence or lobby individual commission members on any item under their consideration. It is important for commissions to be able to make objective recommendations to the City Council on items before them. Members of Council that attempt to strongly influence commission positions on an item may prejudice or hinder their role in reviewing the commission's recommendation as a member of the City Council. B. Individual Councilmembers shall have the right to attend meetings but shall refrain from speaking or becoming involved in the meeting's discussions. If asked a question, the Councilmember person should indicate that he/she can only provide a personal opinion and does not speak for the Council as a whole. C. If a member of the City Council appears before another govemmental agency or organization except as member of outside agency appointed by the City Council to give a statement on an issue affecting the City, the Councilmember should first indicate the majority position and opinion of the Council (if any). Personal opinions and comments may be expressed only if the Councilmember clarifies that these statements do not represent the position of the City . Council. 3 .. . . . Section 4. CITY COUNCIL HANDLING OF LITIGATION AND OTHER CONFIDENTIAL INFORMATION A. City Councilmembers shall keep all written materials and verbal information provided to them on matters that are confidential under State law in complete confidence to insure that the City's position is not compromised. No disclosure or mention of information in these materials shall be made to anyone other than Councilmembers, the City Attorney or City Manager. B. All negotiations and other contacts concerning matters that have come before the City Council in closed session (including, but not limited to, property acquisition or disposal, a pending claims or litigation, and/or employee negotiations) with the other party and/or party's agents or other representatives shall be limited to, and made by, the designated City staff representative handling the negotiations, claim or litigation unless the City Council has directed that a specific Council member to assist staff in negotiations. Except as authorized above, no Councilmember who has participated in any closed session shall have any contact or discussion with the other party or its agents or representatives concerning the matter under consideration except during public meetings ofthe City Council. All public statements, information and press releases shall be handled exclusively by the City's designated spokesperson. Section 5. BUSINESS OF THE CITY COUNCIL A. Seating Arrangement of the City Council - The Mayor shall be seated at the center of the five members of the City Council. The Vice Mayor shall be seated to the right of the Mayor. The Councilmember with the most seniority shall be seated to the left ofthe Mayor and the remaining Councilmember shall be sea.ted to the far left of the Mayor. The outgoing Mayor shall be seated to the far right of the Mayor. When there is no outgoing Mayor the remaining Councilmembers shall be seated based upon length of service on the City Council with the most senior member seated to the far right of the Mayor. In the case of members having been elected at the same time, seniority shall be determined by the number of votes received at the election. The highest vote getter shall be considered senior and so on. The City Clerk shall arrange nameplates at the Council dais at all Council meetings to assure this seating arrangement is followed. B. City Council Reorganization - On non-election years the City Council shall hold a special meeting on the second Tuesday of December. The floor shall be open to nominations for the purpose of electing a Mayor and Vice Mayor to serve for the following year. Such elections shall be made by a majority vote ofthe Councilmembers present at the meeting. The Mayor and Vice Mayor shall assume the duties of their respective offices immediately upon election. The Mayor and Vice Mayor shall serve a one-year term at the pleasure of the Council. On election years the City Council shall meet at a regular scheduled meeting next following the meeting at which the declaration of the election results was made pursuant to Section 10262 or 10263 of the Elections Code and choose one of its members as Mayor, and one of its members as Vice Mayor. (Govemment Code Section 36801). 4 C. Mavor and Council Roles - The Mayor shaH act as the primary Spokesperson and official representative of the City Council, unless such responsibility is delegated by the Mayor, or otherwise assigned by a majority vote of the City Council. The Mayor shall preside at all regular, adjourned, and special meetings of the City Council, including joint meetings with commissions and closed sessions. The Mayor shall execute all official City documents, Warrants and correspondence approved by City COuncil. The Mayor shall serve as the primary contact for the City Manager to provide direction and advice regarding routine planning and operational issues (i.e. meeting schedules, dispositions of correspondences, etc.) Nothing in this section is intended to suggest that the position of Mayor wields fonnal power or authority in excess of the other members of the City Council. Rather, the person serving as Mayor is to be recognized as the leader of the Council, or first among equals. The Vice Mayor shall serve and perfonn the functions as Mayor in the absence of the duly elected Mayor. D. Council COmmittee/Agencv AssÍ!mments Every December immediately foHowing the City Council reorganization the Mayor shaH announce that new appointments for Committee/Agency Assignments are necessary. A list of committee/agency assignments shall be given to each Councilmember and each Councilmember shaH provide the City Clerk with a list of the COmmitteel Agency Assignments in which the Councilmember is interested. The Mayor shaH propose appointments for Council approval at the City Council meeting immediately foHowing the reorganization. E. Ex Parte Communications An Ex Parte Communication occurs when a Council member receives infonnation ÍÌ'om a member of the public outside of a public meeting concerning a matter to be heard by the City Council. Ex. Parte communications are an inherent part of the City of Saratoga's commitment to a110wing City residents ample oPportunity to consult with elected officials both inside and outside of public meetings. At the same time, the City is COmmitted to the principle that the business of the public should be conducted in public, to ensure that citizens are afforded the opportunity to participate in the making of decisions that affect their lives, and the means to evaluate choices made by the City and its officers. Where a City Councilmember has received infonnation outside of a public meeting that the Councilmember believes has a bearing on the decision and that is not reflected in the staff report presented to the Council and the public, the Councilmember should provide that infOnnation to the rest of the COuncil and the public foHowing the staff report and prior to beginning of public testimony on the matter. This wi]] a110w the public and other members of the Council to consider the infonnation in fonning their views on the decision at hand. ill addition, persons affected by the decision wi11 also have the opportunity to know the evidence on which the decision is to be based and have an opportunity to Comment on it and, if need be, to rebut it. This approach aHows all members of the public access to elected officials and to the rationale for decisions made . by those officials. 5 t . . . . . F. Issuing Proclamations and Commendations A proclamation is prepared at the discretion ofthe Mayor to proclaim a specific date or event. Proclamations are prepared for signature by the Mayor. They may be presented at a City Council meeting or at an event or meeting outside the City Council meeting. A commendation is prepared at the discretion of the Mayor. A commendation may be issued for accomplishments such as: · Athleticlacademic accomplishments · Act of heroism · Youth Accomplishments · A Community Organization's Citizen of the Year · A Community Organization's Business Person of the year · Outgoing elected officials · Outgoing City Commissioners Commendations are prepared for signature by the Mayor. They may be presented at a City Council meeting or at an event or meeting outside the City Council meeting. Section 6. RULES OF ORDER AND PROCEDURE FOR CITY COUNCIL MEETINGS A. Time of Meetings Regular meetings of the City Council shall be held on the first and third Wednesday of each month in the Civic Theater commencing at 7:00 p.m. Special meetings shall be held as necessary and convenient on the second or fourth Tuesday of the month commencing at 7:00 p.m. or at such other time as may be necessary or convenient. B. Order of Agenda The following is the usual order of agenda items for regular Council meetings. The Mayor with the concurrence of Council can change the order in which items on the agenda are heard. · Open Session - The Mayor opens the meeting in the Administration Conference Room at City Hall, to allow the public an opportunity to comment on closed session items before the Council adjourns to Closed Session, as required by law. Commission interviews are also done at this time. · Joint Meeting with Citv Commissions - Reserved time for Commission members to meet with the City Council for their yearly update. · Closed Session - Immediately following open session, the Council adjourns to closed session in the Administration Conference Room at City Hall. Start times may vary depending on volume of closed session items and the estimated time required to conduct the closed session. The items are listed on the agenda as required by law, however this meeting is not open to the public. 6 · Mavor's Report on Closed Session - The Mayor is required to announce any action taken during closed session before reconvening to the open session of the regular meeting. · Call to Order - the Mayor calls the regular meeting to order. · Pledge of Allegiance - The Mayor may lead or call upon a member of the public or staff to lead the.pledge. · Roll Call - A quorum constituting 3 of the 5 members of the Council is required to conduct any Council meeting. The City Clerk calls the roll. · Report of Posting of the Agenda - The City Clerk reports on the posting of the agenda as required by law. · Oral Communications - During this portion, any persons who wish to address the City Council on a subject not on the agenda may do so. Oral communications are not intended as the means for debate or decision-making, but only for making a presentation in person. Comment shall be limited to three minutes for members ofthe public who wish to speak · Communications from City Commissions - Reserved time for Commission Chairs to report information to the City Council or request direction. . · Written Communications - Generally, written communication not pertaining to item(s) on the agenda and which is received by the City Clerk prior to 5 :00 p.m. of the Wednesday preceding the Council meeting may be indicated on the agenda as a written communication. Items received after this time may be held over for the following meeting. As with oral communications, this written form is for the purpose of expressing an idea or submitting a request. The matter may be discussed only for the purpose of determining whether it will be placed on a subsequent agenda. · Council Direction to Staff -Reserved time for the City Council to request follow up on OraVCommission Communications. · Announcements - Reserved time for the Mayor to make special announcements. · Ceremonial Items-These items include presentation of proclamations, commendations, appointments, administration of Oath of Office and special introductions. · Special Presentations - reserved time for groups, agencies, persons to speak to the Council on special items. · Consent Calendar-These items are routine and non-controversial items of business. Items in this section wìlI be acted in one motion, unless removed by the Mayor or a Councilmember. Any member of the public may speak to an item on the Consent Calendar, or request the Mayor remove an item for discussion. Resolutions conceming decisions made at previous meetings are for the purpose of memorializing the decision to assure the accuracy of the findings, the prior vote, and any conditions imposed. · Public Hearings - There are two kinds of public hearings, those required by law and those called by the City Council of its own volition. In either event, the purpose is to provide an opportunity for all interested persons to be heard. ApplicantslAppellants and their representatives have a total often minutes maximum for opening statements. Members of the public may comment on any item for up to three minutes. Applicant! Appellants and their representatives have a total of five minutes maximum for closing statements · Old Business - These are general items, which have been considered by the Council at a previous meeting. 7 ¡ . . . , . e e · New Business - These are general items, which have not been previously considered by the Council. · Council Reports on Committees- Provides members of the Council an opportunity to report on agencylcommission assigmnents. · Citv Council Items - Provides members of the Council an opportunity to introduce discussion/action on items not currently before the Council for consideration. · Citv Manager Items - City Manager or City Attorney may bring up other items of interest or make announcements under this section. · Adiournment-The Mayor may adjourn the meeting to a date specific. Ifno date specific is announced, the next meeting will be the next regularly scheduled Council meeting. C. Disruptive Comments and/or Conduct No person who addresses the Council shall make any belligerent, personal, impertinent, irrelevant, redundant, slanderous, loud, threatening, abusive or disparaging remark, statement or commentary toward the Council, staff or other individuals in a manner which disrupts, disturbs or otherwise impedes the orderly conduct of the Council meeting, nor shall any person engage in any other disorderly conduct which so disrupts, disturbs or impedes the orderly conduct of the meeting. Any violation of this rule shall be grounds for terminating the citizen's comment period. Continued inappropriate behavior or comments, after having been directed to discontinue, also shall be grounds for removal from the meeting. Council shall not be belligerent or make disparaging commentary toward the speaker. Nothing in this section shall prohibit or discourage orderly criticism of any City decision or policy within the limits of these rules. If a member of the public fails to follow these rules after being warned once, the Council may bar that individual from further testimony for the evening or remove the person from the meeting. 8 The above foregoing resolution was passed and adopted by the Saratoga City Council at a regular meeting held on the 3rd day of December, 2003 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Nick Streit, Mayor ATTEST: Cathleen Boyer, City Clerk 9 , . . .