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10-21-2009 Supplemental Council Agenda
Years Revenue Expenditures °/u FY 99 -00 651,188.68 816,171.00 79.79% FY 00 -01 660,312.69 854,328.00 77.29% FY 01 -02 777,828.26 975,787.00 79.71% FY 02 -03 766,750.15 1,032,788.00 74.24% FY 03 -04 612,694.80 714,606.00 85.74% FY 04 -05 579,177.21 767,904.00 75.42% FY 05 -06 612,443.42 842,848.00 72.66% FY 06 -07 613,749.04 862,295.00 71.18% FY 07 -08 647,540.73 941,212.00 68.80% FY 08 -09 606,220.61 981,618.98 61.76% FY 09 -10 (3 Mo) 126,236.52 238,911.30 52.84% Years Revenue Expenditures FY 99 -00 146,153.25 228,700.00 63.91% FY 00 -01 133,669.75 219,546.00 60.88% FY 01 -02 127,018.00 281,140.00 45.18% FY 02 -03 130,124.24 276,757.00 47.02% FY 03 -04 143,343.13 79,783.00 179.67% FY 04 -05 135,650.50 643,890.00 21.07% FY 05 -06 158,621.50 661,983.00 23.96% FY 06 -07 172,356.43 736,351.00 23.41% FY 07 -08 183,213.50 304,534.00 60.16% FY 08 -09 182,530.86 321,459.19 56.78% FY 09 -10 (3 Mo) 47,827.75 66,538.45 71.88% Years Revenue Expenditures FY 99 -00 833,522.32 1,247,803.00 66.80% FY 00 -01 837,094.67 1,248,590.00 67.04% FY 01 -02 943,997.95 1,483,339.00 63.64% FY 02 -03 923,962.85 1,492,645.00 61.90% FY 03 -04 781,894.21 908,575.00 86.06% FY 04 -05 751,810.03 1,526,680.00 49.24% FY05 -06 827,300.51 1,599,795.00 51.71% FY 06 -07 802,117.41 1,712,212.00 46.85% FY 07 -08 842,011.91 1,369,233.00 61.50% FY 08 -09 791,859.02 1,424,421.06 55.59% FY 09 -10 (3 Mo) 175,079.27 318,534.43 54.96% Years Revenue Expenditures FY 99 -00 36,180.39 202,932.00 17.83% FY 00 -01 43,112.23 174,716.00 24.68% FY 01 -02 39,151.69 226,412.00 17.29% FY 02 -03 27,088.46 183,100.00 14.79% FY 03 -04 25,856.28 114,186.00 22.64% FY 04 -05 36,982.32 114,886.00 32.19% FY 05 -06 56,235.59 94,964.00 59.22% FY 06 -07 16,011.94 113,566.00 14.10% FY 07 -08 11,257.68 123,487.00 9.12% FY 08 -09 3,107.55 121,342.89 2.56% FY 09 -10 (3 Mo) 1,015.00 13,084.68 7.76% Recreation Department Revenues Expenditure Recreation Services Revenues Expenditures Teen Services Revenues Expenditures Facility Rentals Revenues Expenditures Recreation Department Total Revenues Expenditures Summary RECREATION DEPARTMENT GENERAL FUND REVENUES AND EXPENDITURES 2006/07 2007/08 2008/09 2008/09 2009/10 Actuals Actuals Adjusted Estimated Adopted REVENUES Taxes Fees, Licenses and. Permits 10.150 9,150 Intergovernmental Revenues 84,039 Charge for Services 629,296 648;792 857.000 595,015 636,893 Rental Income 186,932 242,127 175,000 182,531 183,900 Other Sources 464 9.174 117 TOTAL REVENUES 900,731 S 900,093 S 1,032,000 S 787,813 S 829,943 EXPENDITURES Salaries and Benefits 996,594 722,028 789,866 756,414 628,144 Operating Expenditures :Materials Supplies 72,324 29,549 50,000 24,268 33,150 Fees Charges 126,946 19,04+ 16,850 22.610 19,260 Consultants Contract Services 407,681 349,374 409,100 344,137 344,040 Meetings. Events Training 2,141 4,427 6,200 4,081 5,800 Building Maintenance Projects 106,526 Total Operating Expenditures 715,618 402,394 482,150 395,097 402,250 Fixed Assets Internal Service Charges 244.811 272;910 272,910 247,513 TOTAL EXPENDITURES 5 1,712,212 S 1,369,233 S 1,544,926 S 1,424,421 S 1,277,907 TOTAL DEPARTMENTAL EXPENDITURES BY PROGRAM 2006/07 2007/08 2008/09 2008/09 2009/10 Actuals Actuals Adjusted Estimated Adopted GENERAL FUND Recreation Services 862,295 941.212 1,093.189 981,619 902,345 Teen Services 113.566 123.487 132,881 121.343 68,618 Facility Rentals 736.351 304.534 318,856 321.459 306.944 TOTAL GENERAL FUNDS S 1,712,212 S 1,369,233 S 1,544,926 5 1,424,421 S 1,277,907 INTERNAL SERVICES FUNDS Building Maintenance 89,088 612.139 807,081 700,207 790.706 TOTAL INTERNAL SERVICES S 89,088 5 612,189 S 807,081 700,207 S 790,706 TOTAL EXPENDITURES S 1,801,300 S 1,981,422 5 2,352,007 S 2,124,628 2,068,613 Actual Cash Subsidy Cost Recovery Percentage S 811.481 S 469.140 5 636,608 5 447,964 52.6% 65.7% 55.3% 64.9% Memo City of Saratoga City Clerk's Office To: Mayor and City Councilmembers From: Ann Sullivan, City Clerk Date: October 21, 2009 Re: Agenda Item #12— Adopt a Facility Use Policy for the North Campus Attached are emails from citizens regarding Item #12 on this evening's agenda. City Clerk [Ann Sullivan] From: TKSAARI ©aol.com Sent: Thursday, October 15, 2009 8:31 PM To: Howard Miller; Susie Nagpal; Chuck Page; Kathleen King; Jill Hunter; City Clerk [Ann Sullivan]; Dave Anderson Cc: TKSAARI ©aol.com Subject: North Campus Concerns Dear Saratoga City Council Members, I am writing to you because of my concerns about the operating hours of the North Campus. Our home is adjacent to the North Campus in the southeast corner of the property. Our address is 19823 Viewridge Drive. I first want to say that I am extremely happy with the opportunities that the neighbors have been given to talk about our concerns regarding noise from events at the North Campus. The Parks and Rec committee representatives have given us a couple of opportunities to air our concerns and have constructive dialog regarding them. As a good neighbor to the North Campus and a tax paying citizen of Saratoga, I realize that the property needs to be rented out in order for the city to see a return on this investment. However, the major difference in this piece of property and other properties the city owns for this type of use, is that the North Campus is surrounded on 3 sides of the property by homes several which are just a few feet from the North Campus property line. Several weeks ago, the Parks and Rec committee approved a "use" plan for this facility which was a compromise of what the neighbors were asking for and what other users of the facility were asking for, especially in terms of hours of operation. Although the approved plan is allowing the facility to be open longer hours than what the neighbors originally proposed, we believe it is a plan that we can live with. There are other rental facilities in the Saratoga area which have similar hours to the approved Parks and Rec plan for the North Campus. They may allow events to go for an hour later on weekends, but the properties are also not surrounded by homes. If someone needs to rent a city property for an event that needs to go beyond 10pm, why can't the city let them rent a facility that is not in a neighborhood? It would seem like the Parks and Rec department could juggle rentals so that the later events are scheduled for a different facility where noise is not a significant issue. I know you have had correspondence from people on both sides of this issue and its great that everyone has been given a chance to air their concerns. However, unless you are living next to the North Campus, you don't realize the effect of the noise that's generated from people using the facility. Although its tolerable during the day when there's lots of ambient noise in the air, at night you can hear every word being said over there and every car door being closed. When this property was the Methodist Church, all events ended by 9pm or 9:30pm so that neighbors weren't bothered by the noise of late night events. We hope you consider approving the Parks and Rec committee's recommendation. We fully support this plan. Best regards, Tom Saari 408 255 -8775 1 City Clerk [Ann Sullivan] From: Roger Piazza [rogerpiazza @hotmail.com] Sent: Friday, October 16, 2009 8:42 AM To: Chuck Page; Nina Walker; Susie Nagpal; City Clerk [Ann Sullivan]; Kathleen King; Dave Anderson; Howard Miller Subject: North Campus Follow Up Flag: Flag Status: Saratoga City Council. Follow up Flagged Next week will be the Grand Opening of the North Campus. The neighbors of N C are aware that the city needs to rent out the N C, in order to recoup its investment and provide additional facilities for the citizens of Saratoga. Our major concern is to keep the 10 p.m. closing time which was agreed to. Our home is adjacent to the driveway and within 50 feet of the expanded building. As you know sounds travel more at night and, even with the best intentions of guests and organizations, it is next to impossible to keep conversations and car doors slamming from forcing us to close our windows and doors to not hear the noise. And sometimes that doesn't work. I understand there is great pressure to lengthen the time at N C, but the city already has a facility that can accommodate late night events and that is where that event should be held because it is not in a residential area. We have lived next to the Grace Methodist church, now the N C, for the last 23 years. The N C is in a residential area. Although the address is on Prospect, the activities and parking takes place on the back half of the property which is surrounded by homes .Similar facilities, such as the Foothill Club, have a 10 p.m. curfew. I've been to several council meetings, and the one promise I have always heard, is that the City of Saratoga wants to be a good neighbor. I ask all of you to respect the neighbors of N. C. and maintain the 10 pm closing time Thank you for your consideration, Roger and Joann Piazza 19828 Colby Ct. 408 257 5646 Hotmail: Trusted email with Microsoft's powerful SPAM protection. Sign up now. 1 City Clerk [Ann Sullivan] From: normbill [normbill @comcast.net] Sent: Friday, October 16, 2009 2:38 PM To: Howard Miller; Susie Nagpal; Chuck Page; Kathleen King; Jill Hunter; City Clerk [Ann Sullivan]; Dave Anderson Subject: City Council Inquiry Follow Up Flag: Flag Status: Follow up Flagged To Saratoga City Council Members, We have resided on the southwest corner of the North Campus, formerly the Grace Methodist Church, for the past 31 years, at 19905 Viewridge Drive, and we are pleased that the North Campus buildings are completed and ready for use. We have attended the Parks and Recreation meetings concerning these facilities, and we concur with their recommendation for a closing hour of 10 pm every night. However, along with other North Campus neighbors, we also attended a meeting with some members from the West Valley Muslim Association, and we appreciate their concern over the earlier closing time. We feel, that with the proper monitoring of useage and noise, there can be a special case made for grandfathering in this particular group and allowing them to use the facility to a later closing time during the month of Ramadan. In truth, if it could be arranged for the WVMA to use the Saratoga Community Center, with its later closing time, that would be the ideal arrangement. The North Campus is in a special location surrounded by neighboring homes, and for many years the Methodist Church was very cooperative and responsive to the requests of neighbors regarding times of use and noise. One should be aware that parking is very close to the homes, and the noise from car doors slamming and parking lot conversations is extremely magnified in the evening, as there is no daytime ambient noise to help mask such sounds. Because of the unique character of the neighborhood, it would seem the closing hours should certainly be no later than those of other community facilities located further away from homes. We realize the Parks and Rec need certain monies to maintain their programs and facilities. In reality and despite the present economy, no one really knows how the refurbished Fellowship Hall will be received or how closing times will affect rentals. Personally, we feel that this handsome facility will be much in demand. But, in keeping with a portion of Saratoga's vision statement, "a safe and peaceful place to live," we hope the Council will be of a like mind with Parks and Recreation on the hours of useage. Sincerely, Norma and Bill Ford 1 City Clerk [Ann Sullivan] From: Graham Mostyn [grahammostyn @discera.com] Sent: Sunday, October 18, 2009 6:09 PM To: Susie Nagpal; City Clerk [Ann Sullivan]; Dave Anderson; Howard Miller; "jhunter @saratoga.ca.us "kk2king @saratoga.ca.us "cpage @saratoga.ca.us' "snagpal @saratoga.ca.us" Cc: Graham Mostyn Subject: North Campus facility hours (Message resent in case of error) Dear Mayor Page, Vice Mayor King, and City Council members: My name is Graham Mostyn, and I live at 19845 Viewridge Drive, adjoining the North Campus. I'm writing to encourage the city to impose reasonable hours of use for the facility, with consideration given to the noise impact on neighboring properties. When Grace Methodist Church owned the property, there was considerable communication with neighbors on this issue, and after discussions, the Church imposed a 9:30pm deadline for all visitors to depart from the grounds. (The neighbors learnt at that time that users tended to talk in the parking lot for a lengthy time after leaving the building, so departure from the grounds was found to be a more definitive requirement than from the building). I'd appreciate it if the city would observe and continue this precedent. Thank you for your attention. Sincerely, Graham Mostyn. (408) 497 73 60 1 City Clerk [Ann Sullivan] From: Chuck Page Sent: Tuesday, October 20, 2009 3:03 PM To: fhpetersen @comcast.net Cc: City Clerk [Ann Sullivan]; Dave Anderson Subject: RE: NORTH CAMPUS OPERATING HOURS Fred, thank you for your email message expressing your thoughts on the operating hours for North Campus. I really appreciate your input, and I want to assure you that all concerns will be considered to the utmost degree when the hours are defined for the North Campus at our next City Council meeting. Fred, I would really appreciate your input on something that I've been thinking about: Aside from the Joan Pisani Community Center, all of the other gathering facilities in our city are located in neighborhoods (Foothill Club, Churches, Schools, WV College). The hours that we set for this neighborhood are probably the hours that should be set for every gathering place in Saratoga, when the use permit is created or updated. Do you think that makes sense? Please elaborate. Thank you, Chuck Page Mayor City of Saratoga 13777 Fruitvale Ave Saratoga, CA 95070 (408) 257 -9334 office From: Chuck Page [mailto:thepages @pacbell.net] Sent: Tue 10/20/2009 7:41 AM To: Chuck Page Subject: FW: NORTH CAMPUS OPERATING HOURS From: Fred H. Petersen [mailto:fhpetersen comcast.net] Sent: Thursday, October 08, 2009 9:17 PM To: Chuck Page Cc: Jack Mallory Subject: NORTH CAMPUS OPERATING HOURS FRED Please see excellent letter from Ann Waltonsmith I fully support the logic of having operating hours up to 11 PM on weekend evenings. Thank you for your service on behalf of the city. i City Clerk [Ann Sullivan] From: Mohammed Nadeem [mnadeem @nu.edu] Sent: Wednesday, October 21, 2009 4:11 PM To: Howard Miller; Susie Nagpal; Chuck Page; Kathleen King; Jill Hunter; City Clerk [Ann Sullivan]; Dave Anderson Cc: Mohammed Nadeem Subject: Tonight's Meeting Agenda Item #12... Dear Hon. Mayor Mr. Page, and Council Members: Hope this email finds you in good health and high spirits. This email is regarding item #12 on your tonight's Council agenda. I am writing to request you to please accommodate the request of West Valley Muslim Association and approve to amend the existing building policies to include hours of use for the North Campus site. Thank you for your time, and consideration. Kind Regards, Mohammed Nadeem, Ph.D. Professor, Marketing, NU mnadeemnu.edu Memo To: Mayor and City Councilmembers From: Ann Sullivan, City Clerk Date: October 21, 2009 Re: AGENDA ITEM #13 Village Entrance Sign Thank you. Attached is documentation pertaining to the Village Entrance Sign that was provided by Marilyn Marchetti. 45 in F•:.,.' 4,:141 �i'';;��'� °i 11171;' 56 in (f'Ovr e vvl ek v L e Ve ,ei Iel/ev,41 tugs 1®aK /void HISTORI t 1. ,AL 111111 -7-w-4- •EST 184 SARAT G 3 Customer Name Attn: Address City Phone \Fax f(/�de Qty 1 AFM PROMOTIONS 20701 ST. CHARLES STREET SARATOGA, CA 95070 PHONE (408) 741-1127 FAX (408) 741-1107 SVDC State ZIP N s v Description Wooden Village Sign 56 "W x 45 "H 2" Thick Redwood with natural or stained finish, raised lettering with gold finish, mounted on 2 redwood posts with decorative finials on top (could be stained with different finish). Sandblasted and would appear hand carved. As above with the option of a 3" thickness Artwork Delivery (may be Tess) Estimate does not include tax. r Payment Details O 0 SubTotal Shipping Handling Taxes CA Date 10/19/2009 Thank you for considering AFM for your promotional needs! Estimate Order No. Rep Marilyn FOB To place this order, please sign, date and fax to (408) 741 -1107 Signature Date Unit Price TOTAL $3,300.00 $3,800.00 $250.00 $120.00 TOTAL $3,300.00 $3,800.00 $250.00 $120.00 Office Use Only Memo City of Saratoga City Clerk's Office To: Mayor and City Councilmembers From: Ann Sullivan, City Clerk Date: October 21, 2009 Re: Agenda Item #15— City Wide Program to plant 2,015 trees in Saratoga by the Year 2015 Attached are emaiis from citizens regarding Item #15 on this evening's agenda. City Clerk [Ann Sullivan] From: David Fradin [davidfradin @digitalenterprises.com] Sent: Tuesday, October 20, 2009 1:30 PM To: Chuck Page; City Clerk [Ann Sullivan]; Dave Anderson Subject: City Wide Program to plant 2,015 trees in Saratoga by the year 2015 Hi Chuck, I am a past president and Board member of the Gatehouse Homeowners Association on 4th street. We have a database to track and take care of our over 1800 trees. I strongly support the City Wide Program to plant 2,015 trees in Saratoga by the year 2015 and hope you will too! Thanks for your consideration. David Fradin, Certified Product Manager Certified Product Marketing Manager Certified Google Adwords Advertising Professional President Email: davidfradin @digitalenterprises.com Phone: 408 741 -0974 (A message left here, automatically pages me) Cell: 408 892 -5025 Fax: 732 601 -6441 1 City Clerk [Ann Sullivan] From: Katie Alexander [katie @alexander.org] Sent: Sunday, October 18, 2009 1:55 PM To: Howard Miller; Susie Nagpal; Chuck Page; Kathleen King; Jill Hunter; City Clerk [Ann Sullivan]; Dave Anderson Subject: Council Mtg 21 Oct HPC plans 2015 by 2015 help Follow Up Flag: Flag Status: Dear Council Members, Sincerely, Katie Alexander 12340 Goleta Ave Saratoga Follow up Flagged I have 2 brief comments regarding your Council meeting this Weds. Oct 21. First, as you may know, I volunteer at the Saratoga History Museum. While helping to create the Family Biking Through History ride, I discovered that 6 of the 16 homes on Saratoga Ave considered Historic" no longer exist (as listed the book "Heritage Resources Inventory" and on city website- last update Mar 2000). That is more than a third gone! I feel Saratoga Ave is a fair sample of the loss of our historic structures throughout the city. I understand you will meet with the HPC Wednesday. I have heard that the City hired a consultant to address the preservation issues. But I do not understand the HPC's plans for improving preservation. As someone interested in Saratoga's history, I am alarmed loss of historic buildings. So I would like to see concrete dates and action plans to preserve our local history. Preservation has obviously fallen to the wayside and we need correct that. Second, as a member of the Heritage Tree Society, I would volunteer some time for the 2015 trees by 2015 program. We could easily keep an electronic database on new trees planted by linking a form to one of our websites (City or Heritage Tree). Personally, I would like to see some a tree planting and selection guide readily available, so homeowners won't need to remove as many trees. Overall, I feel the amount of City staff time on this project would be minimal, and the benefits to the city in terms of educating residents and improving quality of life would be quite good. Thank you for your consideration. 1 City Clerk [Ann Sullivan] From: Mary Robertson [robertson.b.m @mindspring.com] Sent: Monday, October 19, 2009 3:12 PM To: Chuck Page; Kathleen King; Jill Hunter; Susie Nagpal; Howard Miller; City Clerk [Ann Sullivan] Subject: October 21 Agenda Item City Wide Program 2,015x2015 October 19, 2009 Dear Honorable Mayor and City Council, On the October 21, 2009 agenda, I observed a proposal of a city wide program to plant 2,015 trees by the year 2015. I would like to acknowledge and hope that council will represent my full support for this program. With Saratoga being designated a Tree City in 2007, the move for Saratoga to plant and encourage tree planting would be nothing less than what citizens should expect from a Tree City. The need for urban forestry has been recognized as important to California since 1978. Trees serve as a vital resource in our urban environment as explained in the first paragraph of the staff report under "Background such as reducing energy consumption in heating and cooling buildings. Also added, should be that trees help reduce noise as well as provide habitat for many wildlife species. In addition, trees are an important psychological link with nature for us urban dwellers. Studies have been produced by the USDA Forest Service showing that both heart rate and blood pressure have been lowered when an individual is present among the trees. Trees are also a valuable economic resource. They not only increase property values (something Saratoga's budget depends upon via property taxes), but they also attract business and new residents. There is no doubt trees enhance the aesthetics of any property, neighborhood or city. Studies performed by Dr. Kathleen Wolf of the University of Washington for the USDA have shown that buyers are willing to pay 3%-7% more for residential properties with ample trees. In addition, well- maintained parks with trees in cities increase neighborhood values by 10 to 20 Trees are valued in the City of Palo Alto with the city funding the "Canopy Group." Trees are important to the City of Woodside as was evidenced in a recent Mercury News article. Trees are important in the City of Atherton that has many large oaks. These three cities have high property values in common much like Saratoga; and many of those cities are dependent upon the residents' property values for higher property taxes to fund the city budget as is Saratoga. Thank you for considering this agenda item and moving forward with this program which is not only a valuable enhancement to the City of Saratoga and residences, but ultimately to our global environment. Mary Robertson Saraglen Dr. 1 City Clerk [Ann Sullivan] From: Julie Stallman [juliestallman @gmail.com] Sent: Sunday, October 18, 2009 10:40 PM To: Kate Bear; Howard Miller; Susie Nagpal; Chuck Page; Kathleen King; Jill Hunter; City Clerk [Ann Sullivan]; Dave Anderson Subject: City Wide Program to plant 2,015 trees in Saratoga by the year 2015 Dear Saratoga City Council and City Arborist Kate Bear: I support the City Wide program to plant 2015 trees in Saratoga by the year 2015. Please adopt this program to guarantee that there will be trees in Saratoga for future generations. Julie Stallman 19740 Braemar Drive Saratoga, CA 95070 i City Clerk [Ann Sullivan] From: kathyaforte @comcast.net Sent: Wednesday, October 14, 2009 8:20 PM To: Susie Nagpal; City Clerk [Ann Sullivan]; Dave Anderson Subject: Support effort to plant hundreds of new trees every year in Saratoga Although you didn't support me in my effort to save the nine 200 -feet, —50- year -old tall redwood trees at the Gatehouse in February at the city council meeting, I urge you to lend your support for our beautiful environment in Saratoga by supporting the new tree planting plan as described in 2015x2015. Let's follow the lead of San Francisco by planting hundreds of new trees every year. This is very important to the future generations who may be fortunate to live here. I will do what I can to help with this effort. FYI we sadly lost three giant redwood trees here at the Gatehouse. It was horrible that this happened (for no reason) and I regret that the city of Saratoga did nothing to help save these stupendous trees. Thanks for your renewed effort to retain Saratoga's beautiful environment, -Kathy Forte former parks rec commissioner Director, Gatehouse HOA, Saratoga City Clerk [Ann Sullivan] From: kathyaforte @comcast.net Sent: Wednesday, October 14, 2009 7:58 PM To: Chuck Page; City Clerk [Ann Sullivan]; Dave Anderson Subject: Support 2015x2015 Hi, Mr. Page, I hope you are well. As you know, I love our beautiful trees in Saratoga. Please know that I and other Saratoga citizens support 2015x2015 and will do our part to ensure that our future generations enjoy the great trees that are so much a part of our lives now. We need to plant to replace the trees that are removed every year in our city. I'll be one of he volunteers to help with this effort. Thanks for your support, -Kathy Forte Gatehouse Board of Directors 1 City Clerk [Ann Sullivan] From: Warren Lampshire [lampshirel @comcast.net] Sent: Tuesday, October 20, 2009 3:45 PM To: Howard Miller; Susie Nagpal; Chuck Page; Kathleen King; Jill Hunter; City Clerk [Ann Sullivan]; Dave Anderson Subject: Save Saratoga Trees We, as residents here in Saratoga for the past 41 years wish to support the effort of replacement of trees under the 2015 for 2015 program. We believe there are local organizations who will assist in support of this program. Please vote to approve the 2015 for 2015 program. Warren Lampshire 1 City Clerk [Ann Sullivan] From: David Fradin [dave @mauimanakai.com] Sent: Tuesday, October 20, 2009 2:13 PM To: Jill Hunter; City Clerk [Ann Sullivan]; Dave Anderson Subject: City Wide Program to plant 2,015 trees in Saratoga by the year 2015 Hi Jill, I just sent this note to your fellow council members. On behalf of our trees, thank you for your efforts! Also, you should know that I am leading a effort to save a 40 year old redwood in front of my condo that was nearly cut down to do a failure to communicate between Board members and the City Arborist. This was my note: I am a past president and Board member of the Gatehouse Homeowners Association on 4th street. We have a database to track and take care of our over 1800 trees. I strongly support the City Wide Program to plant 2,015 trees in Saratoga by the year 2015 and hope you will too! Thanks for your consideration. David Fradin, Owner High Tech Condo Rental on Maui! Email: dave(a�mauimanakai.com Web Site: http: /www.mauimanakai.com Phone: 408 426 -8215 Cell: 408 892 -5025 Fax: 732 601 -6441 To find activities to do when you go to Maui, go to: http /www.mauiactivitiestodo.com 1 CALL MEETING TO ORDER 5:30 P.M. COMMUNICATIONS FROM PUBLIC AGENDA SPECIAL MEETING SARATOGA CITY COUNCIL OCTOBER 21, 2009 SPECIAL MEETING —5:30 P.M. ADMINISTRATIVE CONFERENCE ROOM, 13777 FRUITVALE AVENUE. REPORT OF CITY CLERK ON POSTING OF AGENDA (Pursuant to Gov't. Code 54954.2, the agenda for this meeting was properly posted on October 16, 2009) 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 or taking action on such items. However, the Council may instruct staff accordingly regarding Oral Communications under Council Direction to Staff. Oral Communications Council Direction to Staff Instruction to Staff regarding actions on current Oral Communications. CLOSED SESSION— 5:30 P.M. ADMINISTRATIVE CONFERENCE ROOM, 13777 FRUITVALE AVENUE. ANNOUNCEMENT OF CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL Anticipated Litigation: Significant exposure to litigation pursuant to Government Code Section 54956.9 (b) (1 potential case) ADJOURNED TO CLOSED SESSION OPEN SESSION 6:00 P.M. ADMINISTRATIVE CONFERENCE ROOM —13777 FRUITVALE AVENUE. CALL JOINT MEETING TO ORDER 6:00 P.M. 1 1. Joint Meeting with the Historical Foundation Heritage Preservation Commission Recommended Action: Informational only. ADJOURNMENT In accordance with the Ralph M. Brown Act, copies of the staff reports and other materials provided to the City Council by City staff in connection with this agenda are available at the office of the Community Development Depat tment Director at 13777 Fruitvale Avenue, Saratoga, CA 95070. Note that copies of materials distributed to the City Council concurrently with the posting of the agenda are also available on the City Website at www.saratoga.ca.us. Any materials distributed by staff after the posting of the agenda are made available for public review at the office of the City Clerk at the time they are distributed to the City Council. In Compliance with the Americans with Disabilities Act, if you need assistance to participate in this meeting, please contact the City Clerk at 408/868 -1269. Notification 24 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. [28 CFR 35.102- 35.104 ADA title II] Certificate of Posting of Agenda: I, Ann Sullivan, City Clerk for the City of Saratoga, declare that the foregoing agenda for the meeting of the City Council for the City of Saratoga was posted on October 16, 2009, at 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 16` day of October 2009 at Saratoga, California. Ann Sullivan, CMC City Clerk 2 Joint Meeting City Council- Historical Preservation Commission October 21, 2009 Discussion Topics A) Updating the Historic Resources Inventory List. B) Distribution of the Historical Plaques completed. C) Website updates for HPC October 9, 200 City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 Attn: Members of the City Heritage Commission Dear Honorable Chairman and Commission Members, WARREN B. HEID AIA AND ASSOCIATES WARREN B. HEID AIA -E ARCHITECT EMERITUS 14630 BIG BASIN WAY PHONE 408 867 -9365 SARATOGA, CA 95070 FAX 408 -867 -3750 RECEIVED OCT .1 4 2O CITY OF SARA i OGA After reading the article today in the Saratoga News about Saratoga High School I decided to write this letter to you to present my personal views about buildings in Saratoga that may qualify as post World War II historical buildings. Very few, if not any, were built in Saratoga during the war. As some of you may know I sat on the first eight (8) years of this Commission and have had my architectural firm here for over 50 years. Village Shopping Center it was built in 1956 and designed by well -known San Jose architect, Kurt Gross. The style could be considered as country heavy timber and the major occupant was the Buy and Save Market, owned /operated by the Butera Family of Saratoga. It is my opinion, because of it's age, style, architect, and major occupant, it meets the City's requirements as a historical structure. Wells Fargo Bank This building opened on January 2, 1959 as the First National Bank of Saratoga /Cupertino and it was my first commercial building in Saratoga. Being constructed next to the Village Shopping Center the sidewalk at that side followed the slope of the parking lot, and the main floor was level, meeting the street level sidewalk. An unusual feature is that under the side sidewalk is sloping trench with weep holes in the west side retaining wall to drain the heavy underground water in that area. This trench drains into a large concrete pipe from the shopping center. The style in Mid- century Modern. Again, it is my opinion that this building meets the City requirements as a historic structure because of it's age, style, original owners, and architect. City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 Attn: Members of the City Heritage Commission Saratoga High School As stated in the Saratoga News this school opened on September 9, 1959. It was designed by the Los Gstos firm of Higgins and Root, Architects. William Higgins of that firm lived in Saratoga with his family. This school is one of the two high schools forming the Los Gatos High School District. The building has an enclosed center court being used as circulation between most of the classrooms. The style is Mid- century Modern. Again this building qualifies as a historic building because of the ago, style, and architects. Enclosed is a copy of the newspaper advertisement providing the bank's opening on January 2, 1959. Thank you for your considering these buildings in the Historic Inventory of our City as the first post World War II historic structures. Sincerely, Warren B. Heid AIA -E Architect Emeritus September 9, 2009 Page 2. IN ONLY a FSd'!s"', CQ BRIDGES CONSTRUCTION CO. 3k0 57.:Mw 1jomery SL CYprest 5.7404 San Jos.- GENERAL CONTRACTOR HOWARD SHAW INSULATION 57b Riubard 6inla Clare A5(minstcs 0.2058 ACCOUSTICAL :TILE t 'HARRY L. MURPHY, INC; 070 Meridian Road, San Jose CYproes 5 -2200 CARPETS AND VINYLTILE FIELDS :ELECTRIC WORKS 22fil. The Alameda, Santa Cle AEmis. 6 ter 0161 ELECTRICAL WORK AND ELECTRICAL FIXTURES WEST COAST STEEL CO: 1181 Auserals, Sou Jose —,Cypress 2,5502 FURNISHED AND INSTALLED REINFORCED STEEL MIDSTATE .RO.OFING INSULATION CO 1894i. First 51.. San CYpiess'7.2285 TILE. ROOFING 'GUSTA DOMRCiSE SONS 485 Home/goad Road. Santa Mere ARminelor -331 I. MASONRY JOHN R. DESCALZO 15397 Poach Hlll Road, Saratoga UNion.7.5437 PAINTING SAN JOSE STEEL CO., INC. I85' 501h San Jose CYpeese 5.7353 FABRICATED AND ERECTED STRUCTURAL WORK 1 FREE Orchids for the. Ladies e Balloons for .the Children ST The Saratoga office of the West Valley's independent ban is opening for business on January 2, 1959, at 14428 .Big Basin Way. The phone number is UNion 7 -3451 Ruti of hen, bnsk-bruldic9, Co 1 mporerj styling wilh,Ao4scn brick panel largo plate 81ass Warran:Heid, Each Accourit Insured By the FederuFDeposit Insurance Coiporution for $10,000.00 Membor of the Federgl Reserve •Complete'Bunkipg.Facilities Commercial Savings Accounts Interior, modern functional design. lecturing straight counters. lined with inter, esling antique mirrors. Warren Heid, erohllecI. Night Depository Safe Deposit Boxes GAB Types of Loans An Indepericlent Bonk W ALTEA.>;i $.CO V 1L`LET' M gd ec f vn t e sa n it U11 T hi ue.ne':ae1VtIR1.: d r ry w om an psr M,R[ r -vc !7MdW ;ro1'v sravtor er i F tP ;wa `alt rweu roi tap l •pauasi prchilfdf. .ganY of s,aeturie. w.:W.HC575It._ wub..: velecao er:ejn 6rno'. Uenna& ter: Hen Wiz, notl, I 1 nn HI. IPIC n5n" n sell b twxlar '5 11� t e r a. ITV 10 1e�yeu or se New Account Gift! UPERTINO Saratoga Historical Foundation (SHF) An Introduction The mission of the Saratoga Historical Foundation is to preserve the history of Saratoga for the enjoyment of the community. Tomorrow, October 22 —in 1956, Saratoga became incorporated and recognized as a city. On this site, many years ago, James and Ellen Fablinger, the daughter of Mary Brown, lived on this land. History is all around us —in the names of our streets, the shape of our buildings and in the memories of our residents. It is the task of SHF to be good stewards of Saratoga's rich history and preserve it for future generations. We preserve Saratoga's history in several ways through exhibits and programs at the Museum; through educational programs at the McWilliams House; through carefully documenting and housing new acquisitions; through the caring for the existing collection and by being good ambassadors. Marketing Strategy Provides Informative Exhibits, Programs and Lectures Our marketing strategy this past year has been to use the Saratoga History Museum and McWilliams House as sites for informative programs and lectures. Beginning in September of 2008, we launched exhibits honoring Saratogans who fought in World War I and World War II. Memorabilia from local Saratogans with their stories were showcased in the exhibits. A World War II panel in December was standing -room only. This focus on honoring our local service people continued with succeeding exhibits in 2009. For the first time, the Museum showcased the Civil War collection of local Saratogan, Bill Cleary. The exhibits on John Brown and the Civil War, in particular were very popular. Some of the highlights of the exhibits at the museum this year: Saratogans Remember Wartime —World War I, January (a first for the Museum) Saratogans Remember Wartime —Korea and Vietnam, February (a first for the Museum) Abolitionist John Brown Remembered, March (focusing on the family of John Brown) The War Between the States, April- October (a first for having a collection loaned to the Museum) Ghosts, Champagne and Volleyballs —this is Saratoga, October Did You Know -100 Interesting Facts About Saratoga, November December Lectures launching the exhibits were equally popular with standing room only for some: John Brown's Family —the Aftermath by Alice Keesey Mecoy, the great, great, great granddaughter of Abolitionist John Brown John Brown, the Bearded Patriarch by Jean Libby, a local teacher and author specializing in John Brown history Images of the Civil War by Saratogan Bill Cleary, a recognized authority on the Civil War Lincoln's Last Journey, by SHF historian Ray.Cosyn October 25 World War II panel of veterans, December 6 Attendance at the Museum and McWilliams House Has Doubled Our goal for both the Museum and the McWilliams House through these programs was to raise public awareness. Attendance over the last four years has doubled through the production of additional programs and exhibits and the use of publicity. 1 1000 800 600 0 400 E 200 0 2006 -2009 Visitors 2006 2007 Year 2008 2009 (9 mon) p Series 1 SHF membership also had memorable programs and events with the following: Coastal Defense by Warren Riley of the National Park Service, January Peninsular Interurban Railway by SHF historian Ray Cosyn, March Lighthouses of the San Francisco Bay by Warren Riley of the National Park Service, May Meet the new board of directors welcoming dinner hosted by Betty and Willis Peck, July Thank you dinner for the volunteers, August Cleanup days at the Museum and McWilliams House washing windows inside and out; cleaning display cases as well as weeding and pruning the garden area, August Walking Tours of Historic Saratoga Village Increased We now offer walking tours of historic Saratoga Village year- round. The tours have doubled in interest and a script for the tours has been developed for docents to use. We plan to develop a second walking tour in 2010 to further interest the community in our history. Reaching Out to Other Groups hosted Chamber of Commerce mixer, January co- sponsored the green seminar /award for the Saratoga Barn, January co- sponsored with the Saratoga Library a book signing of the new Arcadia book participated in SVDC Wine and Wisteria; A Sidewalk Affaire, Lantern Walk, Witchy Walk provided historic photos for the city of Saratoga website provided historic photos for the SVDC website participated in the Mustard Faire participated for the first time in the 4 of July event and parade Working Effectively with the Schools and High Schools This is the second year the education program has been in existence and interest in our educational program series on life in the 1860's has increased with 25 classes signed up for 2009. Schools as far away as San Mateo have signed up with interest expressed by schools in Cupertino, Palo Alto and San Jose. Our educational director is sharing the education program with other history museums that have historic houses such as Mountain View (Rengstorf House). We continue to work closely with Matt Torren and the Advanced Placement class at Saratoga High School. Student volunteers come to the Museum to work on specific tasks such as filing, sorting, and creating an inventory for items. They have also helped with setting up for events. 2 The Louise Cooper Memorial award for an outstanding high school history project with a Sarartoga project has been expanded to include all West Valley public schools, including Westmont, Los Gatos, Saratoga, Lynbrook, and Prospect high school. The projects are due on the last Saturday in May, 2010 and a $250 award will be announced at graduation. Increase in Publicity Each event is supported with a news release distributed to over 20 local newspapers up and down the Peninsula including two Chinese and one Hispanic newspaper. Information is also sent to KSAR, the SVDC list and others. This year, for the first time, we were able to produce a commercial for the Museum by working with the audiovisual depal lment of Saratoga High School which has been running on KSAR. We also submit a photograph of historic interest with information to the Saratoga News to generate interest in the Museum. This is the second year for this program. A special thanks to the Saratoga News, SJ Mercury and KSAR for their support. We send a poster of our programs and exhibits quarterly to the history teachers of the local high schools and West Valley college inviting them to attend. We also supply Museum brochures for visitors at the Chamber of Commerce, library, BookGoRound and two hotels in the town. Website for Cost Effective Communication The SHF website is kept updated with programs and information. You can access it by going up to http: /www.saratogahistory.com. This is an increasingly popular source of information. People can join our mailing list by providing their e -mail. This is a cost effective vehicle for promoting programs. Newsletter —Good Marketing Tool The SHF newsletter has been expanded to 8 pages with a focus on local history, SHF and SVDC events. This informative newsletter is produced 6 times a year and all changes in the format have been well received. It is frequently used as a tool to promote membership. All work is done by a volunteer and this year we purchased a non profit postal indicia for reducing expense. Growing Membership Our membership profile mirrors that of other local history museums typically people who are'retired and aged 60 plus, interested in history, and interested in the community. All have a passion for Saratoga. The cost of membership has been kept at the same price as 2008. Membership has remained at 233 even in these difficult economic times. We are in the process of developing a plan to increase our membership to reflect Saratoga's growing diverse population through specific programs and exhibits. Attention to Funding and Budgeting We are an all- volunteer organization with financial resources stemming from membership dues; donations; fundraising; and grants. We continue to end each year on budget. We are fortunate to have Jane Asher join our board this year who has experience in fundraising. Our fundraising efforts in 2009 were conducted quarterly and included: Civil War tours, March Drawing for dinner at Paul Masson's Mountain Lodge, July Participating in the city -wide garage sale, August Annual barbecue and silent auction, September We have applied for one grant this year with the Saratoga Rotary to repair an 1855 Temperance banner and are waiting to see if the application is approved. The banner is one of the oldest items in the Museum collection. 3 Preservation and Acquisition Working with History San Jose, SHF had the Petaluma cart, which is in our collection, restored to its original glory. The popular buggy was a simple wooden cart prominently used in the 1880's, carried one to two people, and was pulled by one horse. This cart will be used in parades and events to provide additional awareness for the Museum. This is the second year we have had someone transcribing the diaries of pioneer Frank Farwell. The diaries are unique inasmuch as they chronicle local Saratoga life. There are 24 diaries in total and date to the 1860's. We continue to acquire items to grow the Saratoga collection. Some of these items include lanterns from the 1800's; books; Saratoga Springs memorabilia; and more. We also have a promise of a complete collection of Rotary art festival posters. Goals for 2009 -2010 reach young families –one vehicle will be a family bike tour of historic houses presently being produced in conjunction with the Park and Recreation group (November); advanced bike tours of historic houses are being planned for release in 2010; produce an additional historic house walking tour hire a much needed director for the Museum so the SHF board can focus on fundraising and membership growth provide additional storage for a growing collection continue to increase membership and attract volunteers continue to add qualified board members complete the garden/landscaping for the Museum and McWilliams House while working with the city— this landscaping will be a centerpiece for the Historical Park and much appreciated produce a book on Saratoga history covering the period 1950 -2000 refresh and revitalize the permanent exhibits in the Museum New Leadership The executive board consists of Robert Himel, former treasurer and promoted to president; Ron Hagelin remained recording secretary; and two new additions with Annette Stransky, vice president; and Jane Asher, treasurer. Four new people joined the board —Jane Asher, Chiiming Kao, Ernie Kraule and Ann Waltonsmith. The Board of Directors: Robert Himel, President Annette Stransky, Vice President, marketing and newsletter editor Jane Asher, treasurer and fund development director Ron Hagelin, recording secretary Nancy Anderson, social director Ray Cosyn, SHF historian Linda Hagelin, educational director Chiiming Kao, community relations director Ernie Kraule, special projects director Willys Peck, programs director Jim Sorden, facilities director Peggy Schoppe, permanent exhibits director Chuck Schoppe, audiovisual director Ann Waltonsmith, membership director Liaison to the Board of Directors Paul Conrado, HPC Jill Hunter, city liaison Jeff Johnson, webmaster Laurel Perusa, correspondence Jenni Taylor, volunteer coordinator 4 City Clerk [Ann Sullivan] From: Annette Stransky [j- astransky @msn.com] Sent: Friday, October 16, 2009 10:29 AM To: City Clerk [Ann Sullivan] Cc: roberthimel @att.net Subject: distribution to city council of Saratoga Historical Foundation presentation Attachments: 2009 The Saratoga Historical Foundation final.doc Good morning! We would like to request that the attached presentation be sent to the city council members in advance of the meeting scheduled for October 21. Many thanks. Robert Himel, President 1 QuarryNo! www.quarryno.com Thu Bui Bay Area Air Quality Management District 939 Ellis Street San Francisco, CA 94109 Dear Ms. Bui, September 29, 2009 QuarryNo, a community of Santa Clara County residents, hereby submits its comments regarding the proposed renewal of Lehigh Southwest Cement Company's (hereinafter "LSCC Title V Permit to operate its facility located at 24001 Stevens Creek Blvd., Cupertino CA, 95014, for the next 5 years. We find dust on the ground, we understandably fear Mercury and Chromium in the air and we lack confidence in the clearly outdated Heath Risk Assessment (hereinafter "H.R.A. the BAAQMD has used to justify its approval. We look to the BAAQMD to "protect and improve public health, air quality, and the global climate as called out in its mission statement. In particular, we look to Jack Broadbent, as Chief Executive Officer and Air Pollution Control Officer, to weigh these comments in considering the proposed renewal of LSCCs 5 Year Permit. We appreciate the BAAQMD time spent in reviewing our following comments. A Clear Nuisance: LSCCs Incessant Airborne Limestone Emissions. Throughout the BAAQMD Statement for Basis of Renewal, it proffers that the Cement Plant complies with existing regulations and in particular Regulation 6- 305, which mandates that no visible particulates fall on adjacent property in such quantities as to be a nuisance. Without question, this representation is untrue. From August 11 through September 1, 2009, we observed and recorded numerous pictures of highly visible particulate emissions coming from LSCCs Cement Plant. A sampling of these pictures are attached and identified below as Pictures 1 -17. The particulate emissions occurred on a daily basis, generally in the 1 afternoon, and settled on the ground as thick dust that blanketed cars, patios, skylights and residents. Notwithstanding the documented emissions, according to the BAAQMD Statement of Basis for Renewal there were supposedly only 4 such emissions at LSCC in all of 2009. We believe these pictures to be "credible evidence" that Regulation 6 -305 is violated daily. As you can see, the "dust" falling from the sky is literally everywhere as demonstrated further in photographs attached and identified below as Pictures 18 -25. Since this dust contains limestone its presence constitutes far more than simply a visible nuisance, as it cannot be removed with a water spray alone, but requires an acidic wash to remove it. Yet, an acidic wash voids the exterior warranty on any automobile. Repainting a car costs a minimum of $2,000.00, and based on the impacted locations, as reported by numerous residents, we believe approximately 9,000 cars have been adversely affected by LSCCs "dust This quantifiable impact on residents is in excess of $18,000,000.00, and not counting damage to skylights, air filters, etc. LSCC's emissions are well beyond the nuisance level and require prompt corrective action. Pictures 1 -25 also directly contradict the annual compliance statement by LSCC's Compliance Officer that there are no such emissions. The photos clearly demonstrate dust levels in residential areas at such a high level of visibility as to be undeniably noticeable. Despite this proverbial elephant sitting on neighborhood cars, patios, skylights and residents, we are led to the incredible conclusion that no one from LSCC or the BAAQMD, with its 10PM particulate monitoring station, has detected the dust. Calls to complain have been ineffective as the Inspector must be notified prior to 3:OOPM, while shortly thereafter the emissions, generally, begin. As a consequence, discouraged residents have simply given up calling, which has resulted in the BAAQMD acknowledging only 4 reported violations, although LSCC's emissions occur almost daily. This present situation is profoundly disturbing as it allows BAAQMD's Statement of Basis for Renewo /to be based upon the obviously incorrect assumption of no violations" and relied upon by the EPA and the BAAQMD to justify Tess regulation, when just the opposite is the case. For example, on page 44 of the Statement of Basis for Renewal, it states the "District has determined the operation is not out of compliance and hence no Title V permit compliance schedule is required On page 49, it states further that the "annual source test 2 requirement is adequate because previous source tests have consistently demonstrated compliance Yet, this has been proven untrue time and again. It should not be up to residents alone to monitor the particulate emanating from LSCC. In considering the numerous discrepancies between what has been reported by LSCC and what the residents have observed, there should be daily checks at random hours by the BAAQMD to ensure compliance and protect the health of the community. Inadequate And Unreliable Air Quality Testing And Monitoring At LSCC. For purposes of clarity, Title V calls for a re- examination of all monitoring and compliance, however, this has not been done at the LSCC due to the erroneous assumption of no violations at LSCC. The only, ongoing, source monitoring at LSCC has been for NOX and SOX emissions. There has been no source monitoring for other known Toxic Air Contaminants (hereinafter "TACS Though the annual "source tests" suggests so, the words are misleading as they are not based upon fact but rather modeling. The "source tests" apparently involve only third -party input- output analysis which attempts to predict what LSCCs emissions, theoretically, may contain. In essence, predictive models are constructed using a compilation of data including, but not limited to, average values, average temperatures, and best practices rather than actual source measurements. Such modeling appears to be the only TACS monitoring conducted by LSCC and the BAAQMb over the last 10 years. Unfortunately, this flawed and obviously incomplete level of monitoring is allowed to continue with the new permit, even though Title V calls for a re- examination of all such monitoring. We believe that this real problem must be addressed with real data, not simply hypothetical modeling. We also believe a re- examination would reveal the inadequacy of prior "source test" monitoring at LSCC, as LSCC as been let off the hook for years. In 2001, the "source test" conducted by a contractor picked by LSCC set the average Hexavalent Chromium emission at 0.457 lbs. per year. LSCC supposedly met this limit for Hexavalent Chromium emissions from 2002 to 2007, when a new "source test "was conducted. This test, disturbingly, suggested the emissions were much higher and LSCC officially then reported the Hexavavalent Chromium emissions had been understated for 7 years. The actual emissions are unknown as there were no actual measurements made apparently. The number was determined by modeling with variable assumptions such as coke or coal for fuel and whether the mill was on or off. In the absence of a real number the LSCC and the BAAQMD agreed to a doubling of Hexavalent Chromium emissions (1.059 lbs. per year). This number was very convenient as it, on paper, allowed all to say that there were no health risks. Instead of garnering additional scrutiny, the prior lower number was categorized as a "miscalculation" and LSCC's new permit has been adjusted to double the amount of Hexavalent Chromium it is allowed to emit. This very significant adjustment occurred even though Hexavalent Chromium is a deadly carcinogenic. We believe any permitted increase, much Tess a doubling, must be thoroughly analyzed and carefully considered prior to any issuance. The inadequacy of "source tests" was further illustrated when the same miscalculation occurred with Beryllium and Lead and lasted also for 7 years before being revealed. According to LSCC, it contends that it never exceeded or violated the lower Hexavalent Chromium level between 2002 2009. Yet, there have been no public announcements or recordings by LSCC of its Hexavalent Chromium emissions beyond the 0.457 lb limit until now with the official statement they had been understated. According to the BAAQMD, LSCC has allegedly been in full compliance with a "low likelihood" of committing a violation despite the official recognition of understatement. The understatement was not defined as a violation but as a miscalculation by a vendor. However it does require doubling the amount of Hexavalent Chromium allowed to be emitted while at the same time saying there were no violations but on the other hand whatever was emitted was understated. Since there were no actual measurements no one apparently knows what level of Hexavalent Chromium fell on the residents. Simply put, since there were no violations LSCC has demonstrated the ability to meet the current permit level of 0.457 Ibs.per year. Consequently we believe there should be no increase in allowable Hexavalent Chromium emissions included in the new Permit. We also find the absence of meaningful monitoring of LSCC, and substantial deferral to LSCC by the BAAQMD, quite troubling. LSCC has been allowed to propose its own predictive Toxic emission levels, which the BAAQMD appears to readily accept after checking the data provided, but without any real monitoring to independently validate or confirm any of the data LSCC chooses to provide. It appears that every few years LSCC hires a third -party to revalidate its emissions levels which the BAAQMD reviews, and readily approves, without further inquiry. The obvious problem with this methodology is that LSCC appears to remain in 4 compliance, the BAAQMD is credited for "monitoring" and, if there is a violation, it really is only a miscalculation by a third party. It is instructive to compare BAAQMD's seemingly "hands off" approach regarding its monitoring of LSCC's Hexavalent Chromium emissions with that of the South Coast Air Quality Management District (hereinafter "SCAQM Proactively, SCAQM mounted an independent study of air toxins and installed monitoring stations throughout its District. These stations went beyond predictive modeling studies and were designed and specifically implemented to provide SCAQM with real data. As detailed on its website, SCAQM's testing detected elevated levels of Chromium 6 in the air and traced it to a cement plant almost 3 miles away. (SCAQMD Website). In unfortunate contrast, and in the same time period, BAAQMD did nothing until it was ordered by the EPA in March 2009, to test for and measure the presence of Hexavalent Chromium at the Stevens Creek Grade School. Here, the school is located just 2 ominous miles from LSCC In what appears to be an effort to avert community scrutiny, the BAAQMD Statement of Basis for Renewal, continually recites Regulation 2 -1 -412. The Regulation allows LSCC to not have to alert residents because its cement plant is located more than 1,000 feet from a public school. It appears that whenever an air quality threat appears at LSCC, the BAAQMD seeks the path of least resistance, though that has led to additional emissions. Apparently with Mercury that path of least resistance is to issue the LSCC TitleV Permit as soon as possible before the new EPA Mercury restrictions (40CFR parts 60 (St 63) become effective. The EPA has concluded that the risks for Mercury emissions from Cement Plants are far higher than originally expected. The LSCC Cement Plant and Quarry has been one of the worse cement kilns for Mercury pollution in the country (EPA Toxic Release Inventory). According to LSCC the new regulations will require major changes and even then emissions may not be acceptable (Mercury Register, June 25,2009). Only now is the debilitating nature of Mercury poisoning becoming known. We understand that studies are ongoing linking Cement Plants directly with Autism cases in Texas. We sincerely hope that before the BAAQMD decides to renew LSCC's permit that it exercises regulatory prudence and fulfills its charge to be at the forefront of air quality improvement and act to ensure that all Bay Area residents enjoy their right to breathe clean air. 5 LSCC's Application For Renewal Of Its Permit Is Based Upon An Unreliable, Outdated And An Incomplete Health Risk Assessment. We are not dealing with theoretical calculations, unknown substances and unrecorded violations common in 19 Century industrializing nations. Here, the underlying issues deal with the health of a large community and its exposure to known carcinogens. Notably, the Health Risk Assessment incorporated into the BAAQMD Statement of Basis for Renewa/is almost a year old and, while stating concerns, declares that LSCC meets health protective risk standards. The concern stated is that they are still awaiting a Toxic Emissions Report even though the BAAQMD Fact Sheet june 24, 2009 says it was received March 30, 2009 prior to the release of the Statement of Basis for Renewal again raising question as to the accuracy and completeness of the H.R.A. Furthermore, on Page 3 of the Fact Sheet, it states risk levels are rising which suggests the H.R.A. is no longer reliable. We are also dismayed that while the BAAQMD Health Risk Assessment is almost a year old, it is based on even older emission data from 2007, which, again, are only estimates and not actual measurements of LSCC's substantial emissions. These "estimates" are then combined along with additional assumptions to construct a model which supposedly predicts the impact on the local "receptor or more commonly known as the resident. Surprisingly, the prediction is that no adverse health effects are expected to occur even for sensitive members of the population like children and the elderly. The Health Risk Assessment ominously concludes with an admonition that an updated Health Risk Assessment may be necessary. We believe an updated Health Risk Assessment is not only necessary but should be mandatory prior to the renewal of LSCCs Permit. In considering all the inadequacies discussed herein, it is very difficult for the community to have faith in the current Health Risk Assessment assurance that "all is well given the dependence solely on LSCC data, the numerous documented emission limit errors since 2001, the absence of any direct monitoring of LSCCs emissions, the substantial evidence of dangerous Chromium and Mercury emissions at other cement plants, and the apparent willingness of the BAAQMD to go along with it all. Consequently, we do not believe a new 5 year permit, allowing LSCC to continue down this harmful path, should be issued at this time 6 Again, the mission of the BAAQMD is to protect our health. Based upon what has transpired at LSCC we do not believe that the BAAQMD is fulfilling its duty. However, there is still time to reverse what has been allowed to take place at LSCC for far too long. We thank you for taking the time to consider the contents of this letter and hope that our comments and concerns are taken under consideration prior to the renewal of LSCCs permit. Sincerely, Bill Almon, on behalf of the Members of QuarryNo. 7 9/6r 000 2:35:50 PfA