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HomeMy WebLinkAboutCity Council Agenda Packet Oral Communications Documents 10-17-2007 (2)City of Saratoga City Clerk's office Memo To: Dave Anderson, City Manager From: Cathleen Boyer, City Clerk Date: October 18, 2007 Re: Oral Communications Documents submitted to the City Clerk on October 17, 2007 under Oral Communications. \C/ (14 My name is Renee Petersen Davis, my husband Gordon Davis and I live at 14466 Sobey Rd., Saratoga. I have lived in Saratoga for over 40 years. I taught school. in the Saratoga School District for 27 years. My purpose in being here is that the creek bed that runs though the lot next door (14478 Sobey Rd.) to our property is full of growth and debris. When the heavy rains come, the water cannot flow freely through their creek bed, and culvert that goes under our bridge/driveway. It has in the past backed up and runs out over our driveway, and floods the entire area including going into our garage. (See photos attached) (Ordinance#7-15.040 Public nuisance) #3,15;O3O The second problem is when there is light rainfall, and the water cannot flow freely and becomes stagnant, which is a breeding ground for mosquitos. (Ordinance #7-40.040 Mosquito breeding places) Steps I have taken to resolve the problem are as follows: (1) Went to the city office and asked to speak to some one who could address the problem. They shuffled me from one person to another (6 in total). They each informed me that it wasn't under their jurisdiction, but they would check into the problem. About 3 weeks later I received a letter from Jonathan Wittwer, Assistant City Attorney, stating the problem. is between me and my neighbors. This is not a possibility as there is not a house on the property, just a lot full of trees and vegetation. He did not talk to us or see the property (2) I got the address of the property owners and sent them a certified letter stating the problem. It was mailed August 22, 2007, and I have had no response, and nothing has been done to resolve the problem. (A copy of my letter to the property owners is attached) (3) I have read and studied the municipal code of the City of Saratoga, and find that there are ordinances that address this issue. Ordinance # 7-15.040 public Nuisance Ordinance # 7-40.040 Mosquito breeding places Ordinance # 7-40.010 Mosquito abatement Ordinance # 3-15.030 Declaration of Nuisance After reading the ordinances, it is clear that you have a Neighborhood Compliance Ordinance. You have the authority and obligation to enforce these ordinances. Thank you for allowing me to call this matter to your attention. 1 look forward to a positive outcome of this serious condition. 3-15,030 Declaration of nuisance. Chapter 3 CODE ENFORCEMENT Article 3-15 NOTICED NUISANCE ABATEMENT PROCEDURE" 3-15.030 Declaration of nuisance. When the City Manager has inspected or caused to be inspected any condition on any parcel of land or structure and has found and determined that such condition on such parcel of land or structure is a nuisance, the City Manager shall commence proceedings to cause the abatement of such nuisance and to make the costs of such abatement a special assessment against the parcel upon which such nuisance exists. (Ord. 201 § 2 (part), 2001) 7-15,040 Public nuisance and abatement requiremeflts: Each „f til£' fatiow0ig are hereby , eeciarg.ci to be a public nuisanue and sihati be abated b.f. the owner o.f the property, who is `Ieret>y redthre Co retTIOve or destroy such weeds rubbish len se. dirt obstructions and afiv other c ar!ge.rous materialsJ_ ss he,rearte'r des: `bed, from fits property, aid from the abutting sur- et r?1' re is adloin.!ng sur, property vOt. i -n the extended !Cys. i -nes thereof to the .ehterime of :such, street of streets a` ! weeds rubbish. refuse. dirt or otr;er obstructions 'oca ed or grown•^_:'' Ctt the right-!,.7.f- 'Nay- cf arr„, p'ubltw street or street offered for ded"r:ation to the public: and igen' sidewulK, !,. rb gutter. parkway private road or tier,t-o€-way t i sr s l acc e` s to ar r t:'ui!dirg or strucIure. or 3!4y w''tnjr!, the lying (b) All weeds, rubbish, refuse, and other materials dangerous to neighboring property or the health or welfare of residents in the vicinity, which are growing or located within one hundred feet of any building, fence; structure or property line, regardless of whether or not the same be growing or located on the sante lot, site or parcel on which the building; fence or other structure is Located, in all z.or=ino districts in the City except as set forth in Paragraph tri} of this Section .. C, Rfl NHR �' R'-1-40,000 z r q d)st''ct in the, Ch.. aai 'v,eeQ .il bars. in a� r�; E'a.tic-fa t ,ry [ x�n N [ y any which are p owing oo' io:.,at..d on. any UnsubJdivtd.ed lana."., o on any s cr pa::oe! ,. end Or an area in excess of ore acres slndie owne7shJp, which are wet'` n one hur!drect 7-40.040 Mosquito breeding places. Chapter 7 HEALTH AND SANITATION Article 7-40 MOSQUITO ABATEMENT 7-40.040 Mosquito breeding places. No person shall permit any accumulation of water upon any premises in which mosquitoes breed. A breeding place for mosquitoes is a public nuisance and a hazard to public health. The presence of mosquito larvae or pupae in any accumulation of water, whether upon the ground surface, pond, pool or container of any description shall constitute prima fade evidence that such a place is a breeding place for mosquitoes. Jonathan Wit -tow. William P. Parkin Brea W. Bennett Rene Davis 14466 Sobey Road Saratoga, CA 95070 wrirTwER. PM', Li, 147 SOUTH RIVER STREET, SUITE 221 SAN'T'A CRUZ, CALIFORN)A 96060 TELEPHONE: (831) 429_4055 FACSIMII.Er (831) 429_4057 EZIAILe effele@wittererparli.00m July 20, 2007 F/r PARALEGAL Miriam Celia Gordon Re: Request for Action by City of Saratoga re Streambed and Streambanks Property Address: 14478 Sobey Road, Saratoga, CA 95070 APN 397-04-022 Dear Ms. Davis; This letter is in response to your inquiry regarding the property located at 14478 Sobey Road, APN No. 397-04-022 ("Subject Property"), which is a privately owned vacant lot. You requested that the City of Saratoga take action to require cleanup of the streambed and streambanks on the Subject Property which is adjacent to your property. After a thorough review of the facts (including relevant photographs), the Saratoga City Code and the relevant case law, we have determined that they City of Saratoga does not have the legal authority to compel the owners of the Subject Property to undertake any cleanup or maintenance activities as to the stream under the circumstances. Nor under the circumstances does the City of Saratoga have the legal right to enter onto the Subject Property and maintain this stream. Rather, any concerns you have regarding the maintenance of this stream are a private civil matter between you and the owner of the Subject Property. The only City Code Section even potentially relevant to the situation is Section 6-15.080 Obstruction of Watercourses, which provides as follows: "(a) No Person shall Place or throw or cause to be placed or thrown into any stream or creek within the city or into the bed or upon the banks thereof, any brush, timber, lumber, junk, garbage, debris, cans, bottles, or carcass of any dead animal, provided, that this section shall not apply to brush, timber or lumber or other materials placed for the protection of the banks of streams and properly secured so as not to be carried away by the water. (b) The Terms "Stream and "creek," as used in this section, shall mean and include all natural waterways and definite channels and depressions in the earth which carry water, even though such waterways may only carry water during rains or storms and do not carry stormwaters at and during all times and seasons. (c) Any violation of this section shall constitute a misdemeanor. Each and every separate 1 Rene Davis Request for action by the City of Saratoga re Strearnbed and Streambanks July 20, 2007 deposit into a stream or creek of any material as described in subsection (a) of this section shall be considered a separate offense. However, there is no evidence of any "obstruction" of the stream by the owners of the Subject Property. Photographs of the subject area show only what appears to be naturally occurring plants in the creek bed and banks, and one piece of lumber. These plants do not constitute an obstruction of Stream, under City Code Section 6-15.080. In regards to the one piece of lumber, there is no evidence as to how it got in the creek bed, making enforcement of subsection (c) against the owners virtually impossible because it would require evidence that they placed or threw the piece of lumber in the creek bed. The City does not have an ownership interest in this stream and it is not a "protected" stream under the jurisdiction of the Santa Clara Valley Water District. Nor is anv development project being applied for on the Subject Property, not to mention a project requiring a discretionary permit from the City so as to empower the City to even consider impacts of such project on the stream. If you believe there is evidence of harm to resources protected by the California Department of Fish and game or the U.S. Fish & Wildlife Service, you may contact either or both such agencies. Based on the facts known to the City however, this is a private civil matter between you and the adjacent property owner. Thank you for your consideration of this letter. cc: Public Works Director Sincerely, Wittw& Par than Wittwer As Stant City Attorney 2 August 21, 2007 Dear Mr. and Mrs. Chau, This letter is regarding the property located at 14478 Sobey Road. We are the neighbors directly to the right of your property if you are on your property facing Sobey Road. The creek that runs through the front of your property and continues through the front of our property is a major problem for us. The creek bed on your property is full of branches, weeds, plant life and other debris. When the rain comes and the creek fills up with water, there is no way for the water to flow through the creek because of the blockage. It runs up the side of the creek embankment and floods our driveway and front yard. A few years ago when we had heavy rains the water flooded our driveway all the way into our garage where we had stored many boxes. The boxes and their contents were all ruined. The water did thousands of dollars worth of damage. I talked to the city of Saratoga, and they informed me it was totally the responsibility of the owners of the property to keep the creek bed on their property cleaned out. They told us we could sue the property owners for damages for all lthe blockage in their creek bed that prohibited the free flow of water along the properties and caused the damage. We have no desire to resolve this problem through a law suit. We assume by calling this serious condition to your attention that you will quickly resolve the problem We paid last year to have your creek bottom cleaned out, but I'm sure you will agree this is not our responsibility. We are sending you photos of the creek so you can fully appreciate the seriousness of the problem Thank you for your prompt attention to this matter. We would appreciate your contacting us to let us know that the matter will be quickly resolved. You can contact us at 14466 Sobey Road. Telephone #408-741-0714. Regards, Gordon and Renee -Davis )-3}v,Au Our rItvewcki and entrance c 041-16(0 Sobe\i tkL The creek hoed b culverts ak141-4rig SA0 '4A -r Page 1 of 2 normbill From: "normbill" <normbilltcomcast.net> To: "normbill" <normbill a@comcast.net> Sent: Wednesday, October 17, 2007 5:04 PM Subject: Fw KMP & NC Two new soccer fields at West Valley College and one and possibly two at Prospect High School are operational or will be soon. Is it necessary to spend thousands and thousands of dollars to develop a practice field at Kevin Moran Park? The 2005 City's satifaction survey, that cost thousands, states that Saratoga residents are neutral concerning any indoor or outdoor recreational space. I feel the practice field issue should be reconsidered before the CI P vote finalizes the construction of same. While proposing to spend thousands on a practice field, the city who cries poor is exploring the possibility of a public- private partnership in order to install a cheap modular metal preschool and gym at the North Campus. How can the thousands being spent on a practice field at Kevin Moran be justified if funds are so limited that modular tin structures are being considered for the North Campus? In no way shape or form will these two bldgs. reflect the community's standards. Why not use a portion of the Kevin Moran money for the North Campus? The Fellowship Hall could be superbly remodeled, the lawn refurbished, the sanctuary and Sunday School torn down and replaced with lawn and trees. On the other hand, if every small bit of open space needs to be filled with a building, Council person Hunter's idea of moving and utilizing the historical house from West Valley College has merit. The President of West Valley says the North Campus is welcome to the structure. Money from Kevin Moran and a small bond measure might just swing the deal. 10/17/2007 Page 2 of 2 There should be some very critical thinking before moneys, from a money -short community, are spent on a practice field. And anything concerning the future of the North Campus should be centered around a creative in depth -task force study. The North Campus is a beautiful park -like piece of property and does not deserve modular structures based on a hurry up and get it done plan. By the way, one of our kids played division 1 soccer in college and now coaches a little girls soccer team. Three of our grand kids are in the same sport. We are not anti -soccer. (Pc /?, 10/17/2007 Mid -Peninsula Housing Coalition 303 Vintage Park Drive, Suite 250 Foster City, CA 94404 Tel: (650) 356-2900 Fax: (650) 357-9765 gr City Council of the City of Saratoga Summary of Information from Mid -Peninsula Housing Coalition The affordable housing projects known as Sharmon Palms and The Palms Purpose Mid -Peninsula Housing Coalition would like a directive from the City Council members of the City of Saratoga to negotiate a proposed agreement to: 1) Restructure the existing terms of City of Saratoga promissory notes for Sharmon Palms and The Palms. 2) Partner with the City of Saratoga to maintain safe, affordable rental housing in the West Valley region. 3) Rehabilitate Sharmon Palms and The Palms to meet Mid -Peninsula Housing Coalition standards in continuing our mission statement. The Palms Apartments Location: Sharmon Palms Lane, Campbell, CA Units: 6 buildings, with 4 units per building, equaling a total 26 units Rent Restriction: Tenant income is restricted at 60% or below of Area Median Income Loan Program: City of Saratoga Secured Promissory Notes issued in 1991. Sharmon Palms Apartments Location: Sharman Palms Lane, Campbell, CA Units: 9 buildings, with 4 units per building, equaling 36 units Rent Restriction: Tenant income is restricted at 60% or below of Area Median Income Loan Program: City of Saratoga Secured Promissory Notes issued in 1989. Rehabilitation Needs • Roofs, Fascia • Dry rot, Termite Damage • Sewer/Storm Lines • Asphalt, Concrete • Interior Work, the major needs being cabinets and windows • Life/Safety Issues, such as stair railings mElom Equal Housing Opportunity -Professionally managed by Mid -Peninsula Housing Management Corporation Top 10 reasons why council should reinstate the PRC: 10 — Council gets to choose the commissioners. 9 — Residents will have a forum to present concerns and be heard. 8 — They work for free. 7 — They can look at the "big picture" of what is going on in our city. 6 — They can advise the council. 5 — They can collect data and do research. 4 — They can assist staff with projects. 3 — They can organize events. Gig '`-iy\ C7i0a=wy 2 — Parks and Recreation issues are important to many of our citizens. 1- They work for the council and not the other way around. SARATOGA CITY COUNCIL MEETING DATE: May 16, 2007 AGENDA ITEM: ORIGINATING DEPT: City Manager's Office CITY MANAGER: Dave Anderson PREPARED BY: DEPT HEAD: Barbara Powell, Assistant City Manager John Cherbone, Public Works Director Michael Taylor, Interim Recreation Director SUBJECT: Direction on City Commissions RECOMMENDED ACTION: Review options and provide direction concerning reinstituting City Commissions. REPORT SUMMARY: Background At its February 2, 2007 and March 2, 2007 Retreats, the City Council received staff reports concerning options for the Arts, Finance, Library and Parks & Recreation Commissions. Following discussion, the Council agreed to: • Reinstate the Parks and Recreation Commission; • Pursue the possibility of a collaborative relationship with Montalvo to initiate an arts -related forum (Arts Council); • Retain the Library Commission in its present form; • Form a Finance Committee instead of a Commission, with the responsibility of preparing an annual, reader -friendly synopsis of the City's budget; • Retain the Pedestrian, Equestrian, Bicycle and Trails Advisory Committee in its present form, as an independent committee; and • Approve a new position to staff Commissions and select Ad Flocs and to provide public/rnedia outreach and public information subject to the provision of additional information and clarification of proposed duties.