HomeMy WebLinkAbout09-20-2000 City Council Agenda PacketKEEP ONE YEAR
AGE3
REGULAR
sARATOGA CITY COUNCIL
SEPTEMBER 20, 2000
ADJOURNED TO CLOSED SESSION - 6:00 P.M,..,
Conference with Legal Counsel re: Existing Litigation (Gov't Code §54956.9(a)).
Name of Case: City of Saratoga v. West Valley College (Santa Clara County
Superior Court No. Doc. CIV756340.
Conference with Legal Counsel re: Initiation of Litigation (Gov't Code §54956.9(c)).
Number of cases: 2
MAYOR'S REPORT ON CLOSED SESSION
REGULAR MEETING 7:00 P.M. - CIVIC THEATER/COUNCIL CHAMBERS
AT 13777 FRUITVALE AVENUE.
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
· September 15, 2000)
Communications from Commissions & Public
Oral Communications on Non-Agendized Items
Any member of the public'will be allowed to address the City Council for up to 3 minutes
on matters not on this agenda.
Communications from Boards and Commissions - None
Written Communications - None
Oral Communications - Council Direction to Staff
Instruction to Staff regarding actions on Current Oral Communications
CEREMONIAl. ITEMS
IA. Proclamation - Declaring October 2000 "Escrow Month in California".
Recommended action:
Read proclamation.
lB.
Proclamation - Declaring October 15-22, 2000 "Teen Read Week".
Recommended action:
Read proclamation.
lC.
ID.
1E.
Resolution for A1 Roten - Finance Committee.
Recommended action:
Read resolution.
Proclamation for Karen Lorenz - Administrativae Director of Saratoga Adult
Day Care Center.
Recommended action:
Present proclamation.
Proclamation recognizing September 18-24, 2000 as "National Pollution
Prevention Week".
Recommended action:
Read proclamation.
CONSENT CALENDAR
2A.
Review of Check Register.
Recommended action:
Note and file.
2B.
August Treasurer's Report
Recommended action:
Accept the monthly Treasurer's report for August 2000.
2C.
Andrew Jacobs, Claimant: Claim No. 99-006
Recommended action:
Reject claim.
2D.
Review Planning Commission Action Minutes -
August 1'3, 2000.
Recommended action:
Note and file.
2E.
Council Policy Regarding Political Activity by City Employee
Recommended action:
Adopt Resolution as approved by City Council.
2F.
Approve Congress Springs Park Design Plan 3B
Recommended action:
Approve Original Plan 3B
2G.
Approval of final map - property located at Via Tesora Avenue.
Recommended Action:
Approve resolution for Final Map.
2H.
Approval of map- Azule Crossing.
Recommended action:
Approve Resolution for Final Map.
21.
2J.
2K.
Authorization to City Manager to execute agreement with Gilbane Building
Company for Library Expansion Project Construction Management Services.
Recommended action:
Approve authorization to execute agreement.
Approve amended agreement between the City of Saratoga and Dave
Anderson, City Manager.
Recommended action:
Approve amended agreement.
Adopt ordinance updating Article 2.45 of the Saratoga Municipal Code
pursuant to changes to the Purchasing Policy and Procedure.
Recommended action:
Adopt ordinance.
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)
Circulation & Scenic Highway Element
Recommended action:
Receive staff report, take public testimony and continue item to October 4,
2000 meeting for final consideration.
OLD BUSINESS
4. Update status report - World War II Memorial donations.
Recommended action:
Informational only.
o
Septic Abatement Program Status Report
Recommended action:
Accept status report
NEW BUSINESS
City's Cost Allocation Plan.
Recommended action:
Informational only.
CITY COUNCIL ITEMS
OTHER
CITY MANAGER'S REPORT
ADJOURNMENT ·
In compliance with the Americans with Disabilities Act (ADA), if you need special
assistance to participate in this meeting, please contact the City Clerk at (408) 868-1269.
Notification 48 hours prior to the meeting will enable the City to make reasonable
arrangements to ensure accessibility to this meeting (28 CFR 35.102-35.104 ADA Title
II)
October 4, 2000
October 18, 2000
October 24, 2000
November 1, 2000
November 15, 2000
December 6, 2000
December. 12, 2000
December 20, 2000
SCHEDULED CITY COUNCIL MEETINGS
Regular Meeting/Council Chambers
13777 Fruitvale Avenue
Saratoga, California
Regular Meeting/Council Chambers
13777 Fruitvale Avenue
Saratoga, California
Adjourned Meeting/Joint Session
Regular Meeting/Council Chambers
13777 Fruitvale Avenue
Saratoga, California
Regular Meeting/Council Chambers
13777 Fruitvale Avenue
Saratoga, California
Regular Meeting/Council Chambers
13777 Fruitvale Avenue
Saratoga, California
Adjourned Meeting
Regular Meeting/Council Chambers
13777 Fruitvale Avenue
Saratoga, California
Adjourned Meeting
7:00 p.m.
7:00 p.m.
CANCELLED
7:00 p.m.
7:00 p.m.
7:00 p.m.
CANCELLED
7:00 p.m.
December 26, 2000 CANCELLED
SARATOGA CITY COUNCIL
MEETING DATE: September 20, 2000 AGENDA ITEM:
ORIGINATING DEPT: City Manager
PREPARED BYi,. ~~(~-_~
CITY MANAGER:
DEPT HEAD:
SUBJECT: Proclamation - October 2000 "Escrow Month in California"
RECOMMENDED ACTION(S):
Read proclamation.
REPORT SUMMARY:
Escrow Association of Santa Clara Valley requested the City of Saratoga recognize October as
"Escrow Month in California".
FISCAL IMPACTS:
N/A
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S):
N/A
ALTERNATIVE ACTION(S):
N/A
FOLLOW UP ACTION(S):
City Clerk to mail proclamation to Escrow Association of Santa Clara Valley.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
N/A
ATTACHMENTS:
Attachment A - copy of proclamation
Attachment B - letter from the Escrow Associations of Santa Clara Valley
CITY OF SARATOGA
PROCLAMATION
OCTOBER 2000
"ESCROW MONTH"
WHEREAS, the Escrow Association of Santa Clara Valley, a regional
association of the California Escrow Association, has been dedicated to the
continuing education and elevation of the Escrow Profession through
adherence to its Mission and Reality Statements for 25 years; and
WHEREAS, the parent group, the California Escrow Association,
formerly the Los Angeles Escrow Association, has similarly devoted its
efforts since 1924 and now has nearly 1,800 members within thirty-two
regional associations throughout the State of California; and
WHEREAS, the Escrow Association of Santa Clara Valley has faithfiflly
pursued its covenant to foster, promote and improve escrow education and
service to its members and to the public to elevate the standards of the
Escrow Profession;.
NOW, THEREFORE, ! Stan Bogosian Mayor of the City of Saratoga,
do herby proclaim the month of October, 2000 as
"ESCROW MONTH'
during with the California Escrow Association will hold it's 45th annual
education conference. We further commend the officers, directors, and
members of the Escrow Association for their outstanding contributions to
the citizens of our community.
Start Bogosian, Mayor
Saratoga, California
Attachment-A
Escrow Association of Santa Clara Valley
Officers:
Anita Rubeck
President
Marie Barber
President-Elect
Linda Bentson
Vice President
Joette Joseph
Secretary
Sherri Shaul
Treasurer
Directors:
Debra Allen
Robin Boshears
Heather Cooney
Virginia Kelly
Alana Miller
Linda Murphy
Hilda Ramirez
Sandy Rose
~na Signor
Please rep6' to: 841 Blossom Hill Road, Suite 102, San Jose, Ca 95123
August 17, 2000
The Honorable Stan Bogosian
Mayor, City of Saratoga
13777 Fruitvale
Saratoga, CA 95070
Dear Mayor Bogosian:
In connection ~vith the statewide effort by the Califomia Escrow Association to
obtain a proclamation setting October as Escrow Month in California, we would
like to ask for your assistance in obtaining a local resolution recognizing this
event. I have enclosed a copy of a suggested resolution for your use.
In previous years, a representative of the Mayor's office has presented the
proclamation at our regional association's monthly dinner meeting, and we would
like to extend the invitation again this year. The meeting will be held Tuesday
evening, October 17, 2000, at The Three Flames Restaurant, 1547 Meridian
Avenue, San Jose. If arrangements can be made for presentation, please let me
know so that I can make the necessary reservation.
In any case, we would appreciate knowing by the last week of September that the
proclamation can be issued.
Thank you for your attention. If there are any questions, please call me at the
number below.
Sincerely,
Escrow Association of Santa Clara Valley
The Regional Association of Califomia Escrow Association
'-'- Llnda R. MurPhy, CEO ~'--~,~/~'
Certified Escrow officer
Director
Alliance Title Company
Telephone No. (408) 363-6430
Facsimile NO. (408) 363-6470
Attachment-B
cio 2315 S. Bascom Ave., Suite 100, Campbell, CA 95008 · (408) 559-7555 · Fax (408) 559-0403 · www. EASCV.org
Remon of tht, Califo~'nia Escrmv Association
SUGGESTED RESOLUTION FOR ESCROW MONTH
PROCLAMATION
WHEREAS, the Escrow Association of Santa Clara Valley, a regional
association of the California Escrow Association, has been dedicated to the
continuing education and elevation of the Escrow Profession through.
adherence to its Mission and Reality Statements for 25 years; and
WHEREAS, the parent group, the Califomia Escrow Association, formerly
the Los Angeles Escrow Association, has similarly devoted its efforts since
1924 and now has nearly 1,800 members within thirty-two regional
associations throughout the State of Califomia; and
WHEREAS, the Escrow Association of Santa Clara Valley has faithfully
pursued its convenant to foster, promote and improve escrow education and
service to its members and to the public to elevate the standards of the
Escrow Profession;
NOW, THEREFORE, I,' Mayor of the City of
., do hereby proclaim the month of October, 2000 as
"ESCROW MONTH"
during with the California Escrow Association will hold its 45th annual
education conference. We further commend the officers, directors and
members of the Escrow Association for their outstanding contributions to
the citizens of our community.
SARATOGA CITY COUNCIL
MEETING DATE: September 20, 2000 AGENDA ITEM:
CITY MANAGER:
DEPT HEAD:
SUBJECT: Proclamation - October 15-21, 2000 "Teen Read Week"
RECOMMENDED ACTION(S):
Read proclamation.
REPORT SUMMARY:
Jodie Wiepking, Teen Librarian/Saratoga Library, has requested the City of Saratoga to proclaim
October 15-21,200 "Teen Read Week".
FISCAL IMPACTS:
N/A
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S):
N/A
ALTERNATIVE ACTION(S):
N/A
FOLLOW UP ACTION(S):
City Clerk to mail proclamation to Ms. Wiepking.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
N/A
ATTACHMENTS:
Attachment A- copy of proclamation
Attachment B - memo from Jodie Wiepking, Teen Librarian
CITY OF SARATOGA
PROCLAMATION
OCTOBER 15-21, 2000
"TEEN READ WEEK"
WHEREAS, the ability to read and process information is a basic survival skill
in our global information society; and
WHEREAS, the average reading proficiency of 12 grade student
continues to decline; and
WHEREAS, the number of students who can read but do not have the time to do
so continues to grow; and
WHEREAS, the most effective way to improve reading skills is to read regularly
and often; and
WHEREAS, too few teens think reading is a valuable tool for fun and personal
growth as well as for schoolwork; and
WHEREAS, regular daily reading for fun creates a reading habit for life; and
WHEREAS, parents, teachers, librarians, and all concerned adults can serve as role
models by reading for fun themselves;
NOW, THEREFORE, I Stan Bogosian Mayor of the City of Saratoga, do
herby proclaim the month of October 15-21 2000 as
"TEEN READ WEEK'
and encourage teens to "Take Time to ...Read for the Fun of It!"
Stan Bogosian, Mayor
Saratoga, California
Attachment-A
County of Santa Clara
q'c~lq(~LllT~
Mayor Stan Bogosian September 5, 2000
D~I~:
[71'( )l~1:
Jodie Wiepking, Teen Librarian
.%.'1 Il ) CCI:
Teen Read Week Proclamation
Teen Read Week is observed during the week of October 15-21, 2000. The
Saratoga Community Library is participating in Teen Read Week by
sponsoring a Read-a-Thon. The attached flyer provides details. As part of
this event the Saratoga Community Library would be most pleased to have a
Teen Read Week Proclamation. A sample proclamation is attached.
Thank you for your consideration and anticipated support of Teen Read
Week.
Attachment-B
Teen Read Week
Read-A-Thon "Take Time to Read"
Earn Credit for Volunteer Service
by
participating in the annual Teen Read Week Observance
to promote reading
sponsored by the Young Adult Library Services Association
Saturday, October 14, 2000
12:30pm- 5:30pm
at the Saratoga Library Community Room
(Coaching Wednesday evening Oct. 11 from 7:00-8:00pm)
-To register call the Saratoga Community Library 408-867-6127
or visit the library at 13650 Saratoga Avenue, Saratoga, CA 95070
Free Refreshments
Teen Read Week Proclamation
Whereas, the ability to read and process information is o basic survivcil skill
in our global information society;
Whereas, the overage reading proficiency of t;~ grade students continues to
decline:
Whereas, the number of students who con read but do not hove the time to
do so continues to grow;
Whereas¢the most effective way to improve reading skills is to read
regularly and often;
Whereas, too few teens think reading is a valuable tool for fun and personal
growth os well os for schoolwork;
Whereas, regular daily reading for fun creates o reading habit.for life;
Whereas, parents, teachers, librarians and oll concerned odultscon serve os
.role models by reading for fun themselves;
Now, be it resolved, that I, ,Tohn AAoss, Mayor of the City of bas Altos,
proclaim October [5-21, 2000, Teen Read Week in th e¢ity of bas Altos and
encourage teens to "Toke Time to Read...Read for the Fun of
SARATOGA CITY COUNCIL
MEETING DATE:
September 20, 2000
AGENDA ITEM
ORIGINATING DEP~_T_:, City Manager
PREPARED BY: _~ _
CITY MANAGER:
DEPT. HEAD:
SUBJECT: Resolution - City of Saratoga Resolution of the City Council Commending "Al
goten"
RECOMMENDED ACTION(S):
Read proclamation.
REPORT SUMMARY:
A1 Roten has moved from Saratoga and has resigned from the Finance Commission. The City of
Saratoga would like to recognize A1 Roten for the contributions he has made to the City.
FISCAL IMPACTS:
N/A
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S):
N/A
ALTERNATIVE ACTION(S):
N/A
FOLLOW UP ACTION(S):
City Clerk to mail Resolution to A1 Roten.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Nothing additional.
ATTACHMENTS:
Attachment A- Copy of Resolution
orTy
~x~$o£uTIO~r
oy CITy COUHO£
'WH~EP~R,B.S, Al Roten was first appointed to the Saratoga Finance Commission in
November 1997; and
'WM'~EP~R,~S, Al has given many hours to the' Finance Commission and has
demonstrated commitment and willingness to work on projects whenever needed;
and
"WHZPvZ. R~, Al lead the effort to update the City's Purchasing Policy and
Procedures manual; and
'WHZ~XZAS, The Finance Commission and the City of Saratoga will be losing a
valuable member of the community and will be missed.
H034;, TH~E~X~.~O~.R ~B~E IT ~k~ESO£'V~ED, that
is hereby commended and thanked for his service to the City of Saratoga at a
meeting held on this 20th day of September 2000.
Start Bogosian, Mayor
City of Saratoga
Attachment-A
SARATOGA CITY COUNCIL
MEETING DATE:
September 20, 2000
ORIGINATING DEPT: City Manager
PREPARED BY:
£
SUBJECT: Proclamation - September 17-23, 2000 "Adult Day Care Week"
RECOMMENDED ACTION(S):
Read proclamation.
REPORT SUMMARY:
Karen Lorenz, Administrative Director of Saratoga Adult Day Care Center, requested the
City of Saratoga recognize September 17-23, 2000 as "National Day Care Week".
FISCAL IMPACTS:
N/A
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S):
N/A
ALTERNATIVE ACTION(S):
N/A
FOLLOW UP ACTION(S):
Present proclamation.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Nothing additional.
ATTACHMENTS:
Attachment A - Copy of Proclamation
CITY OF SARATOGA
PROCLAMATION
"ADULT DAY CARE WEEK"
WHEREAS, September 17-23, 2000 is National Adult Day Care Week, and
WHEREAS, Saratoga is proud to have one of 13 Adult Day Care Centers in
Santa Clara County, and
WHEREAS, the staff members and volunteers of Saratoga Adult Day Care
serve senior citizens and frail elderly persons whose caregivers are in need
of assistance and respite by providing a variety of services and programs,
and
WHEREAS, the goal of this program is the provision of quality
programming allowing participants to return home in the evening so they
can remain a part of their community, and
WHEREAS, the City Council of the City of Saratoga wishes to focus
attention on Adult Day Care programs in order to introduce as many senior
citizens and frail elderly persons as possible to the benefits of these
community-based services.
NOW, THEREFORE, I, Stan Bogosian, Mayor of the City of Saratoga,
hereby proclaim September 17-23, 2000 as
"ADULT DAY CARE WEEK"
in the City of Saratoga.
Stan Bogosian, Mayor
Saratoga, California
Attachment-A
SARATOGA CITY COUNCIL
MEETING DATE: September 20, 2000
ORIGINATING DEPT: City Manager
PREPARED BY:. ~~.~/~'~'~
AGENDA ITEM:
CITY MANAGER:
DEPT HEAD:
SUBJECT: Proclamation - September 18-24, 2000 "National Pollution Prevention Week"
RECOMMENDED ACTION(S):
Read proclamation.
REPORT SUMMARY:
The California Environmental Protection Agency Department of Toxic Substances Control is
requesting local jurisdictions support a nation-wide effort to educate and inform the public about
pollution prevention and declare September 18-24, 2000 as "National Pollution Prevention
Week".
FISCAL IMPACTS:
N/A
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S):
N/A
ALTERNATIVE ACTION(S):
N/A
FOLLOW UP ACTION(S):
City Clerk to mail proclamation to Edwin F. Lowry, Director of the California Environmental
Protection Agency Department of Toxic Substances Control.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Nothing additional.
ATTACHMENTS:
Attachment A - copy of proclamation
Attachment B - Flyer from E.P.A.
CITY OF SARATOGA
PROCLAMATION
SEPTEMBER 18-24, 2000
"NATIONAL POLLUTION PREVENTION WEEK"
WltEREAS, the City of Saratoga in Santa Clara County support a clean and safe
environment for its residents; and
WItEREAS, pollution prevention is an approach to environmental protection that
focuses on prevention, and is therefore a preferable strategy for protecting our
environment; and
WHEREAS, pollution prevention can increase industrial efficiency an save
businesses money; and
WHEREAS, pollution prevention offers both environmental protection and
increased economic competitiveness; and
WItEREAS, by focusing attention on pollution prevention, the City of Saratoga
in Santa Clara County will meet the challenges of the next century for economic
competitiveness, environmental protection and environmental regulation; and
WItEREAS, National Pollution Prevention Week is an opportunity for
government, industry, and environmental organizations to recognize the potential
of pollution prevention and to work together to plan for a prosperous and
sustainable future.
NOW, THEREFORE, be it resolved that September 18-24, 2000, is National
Pollution Prevention Week and the City of Saratoga in Santa Clara County does
hereby urge all community members and businesses of the City of Saratoga to
participate in regional celebratory an educational activities regarding pollution
prevention.
Stan Bogosian, Mayor
City of Saratoga
Attachment-A
SARATOGA CITY COUNCIL
MEETING DATE: September 20, 2000 AGENDA ITEM:
ORIGINATING DEPT: Administrative Services CITY MANAGER:
PREPARED BY: f/~ fA~d o{g9 ~4./',~.,~-~
/
OEPT HEAD:
SUBJECT: Cheek Register
RECOMMENDED ACTION(S):
Note and file.
REPORT SUMMARY:
Attached is the check register.
FISCAL IMPACTS:
None
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S):
None
ALTERNATIVE ACTION(S):
None
FOLLOW UP ACTION(S):
None
ADVERTISING, NOTICING AND PUBLIC CONTACT:
None
ATTACHMENTS:
Check Register Certification.
I
I
JFund# Fund Name
AP CHECKS A82780-A82890
1
100
110
150
160
170
180
25O
260
270
290
292
293
30O
310
32O
40O
410
42O
7OO
710
720
730
740
8OO
810
830
990
ISubtotal
Date Manual Void Total
918100 Checks Checks
GENERAL 64,856.55
COPS-SLESF
Traffic Safety
Streets & Roads 5,973.65
Transit Dev
Hillside Repair
LLA Districts 4,804.90
Dev Services 11,459.02
Environmental
Housing & Comm
Recreation 15,096.47
Facility Ops 550.00
Theatre Surcharge
State Park
Park Develpmt 48,192.00
Library Expansion
Library Debt
Civic Cntr COP
Leonard Creek
Quarry Creek
Heritage Prsvn
Cable TV
PD#2
PD #3
Deposit Agency 4,541.00
Deferred Comp
Payroll Agency
SPFA
PAYROLL CHECKS: B25897-25933
TOTAL
662.89
155,473.59 662.89
Prepared by:
Date:
Approved by.
Check Register
Certification
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SARATOGA CITY COUNCIL
MEETING DATE: September 20, 2000
ORIGINATING DEPT: Administrative Services
PREPARED BY: ~ f~v~ ~)//L'/t?(~//~
SUBJECT: Monthly Treasurer's Report for August 2000
RECOMMENDED ACTION(S):
Accept the monthly Treasurer's report for August 2000.
REPORT SUMMARY:
Since this is the beginning of the City's fiscal year, the monthly financial reports for July and
August have not been prepared and presented to the City Council. The Treasurer's report has
been completed and is presented herewith.
The City had $14,386,547 in cash and investments as of August 31, 2000. $12,392,549 is
invested in the State of California Local Agency Investment Fund (LAIF), with the balance
invested in Certificates of Deposit, checking and savings accounts.
FISCAL IMPACTS:
None
CONSEQUENCES OF NOT ACTING ON RECOMMENDED MOTION(S):
None
ALTERNATIVE ACTION(S):
None
FOLLOW UP ACTION(S):
Accept and file the report.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Nothing additional.
ATTACHMENTS:
Treasurer's Report for August 2000.
CITY OF SARATOGA
Cash and Investment Report
Balance as of August 31, 2000
Anticipated
Acquisition FDR* Book Market Par Maturity Monthly
Institution Date Rating Value Value** Value Yeild Date Term Earnings
Investments:
Cash:
DD Comerica Bank - Savings N/A AAA
CK Comerica Bank - General Checking N/A AAA
CK Comerica Bank - Payroll Checking N/A AAA
Subtotal Cash
L.A.I.F. & Investments:
MF L./~I.F. N/A N/A
CD San Jose National Bank 07/03/99 AAA
CD Heritage Bank of Commerce 10/14/98 AAA
Subtotal CDs
Subtotal L.A.I.F. & Investments
Subtotal Unrestricted Cash & Investments
Restricted Cash & Investments:
SV San Jose National Bank - CDBG N/A AAA
ES US Bank - Library Debt Service N/A AAA
CK Wells Fargo Bank - CDBG N/A AAA
CK Wells Fargo Bank - CDBG N/A AAA
Subtotal Restricted Cash & Inves~nents
Total Cash and Investments
$489,342 $489,342 $489,342 2.000% Revolving I $816
309,734 309,734 309,734 0.000% Revolving 1 0
11,810 11,810 11,810 0.000% Revolving 1 0
810,886 a 810,886 810,886 1.207% 1 816
12,392,549 b 12,378,490 12,392,549 6.443% Revolving 1 66,538
500,000 500,000 500,000 5.900% 07/03/01 365 2,458
587,682 587,682 587,682 5.650% 10/14/00 365 2,767
1,087,682 1,087,682 1,087,682 5.765% · 365 5,225
13,480,231 13,466,172 13,480,231 6.388% 183 71,763
14,291,117 14,277,058 14,291,117 6.094% 92 72,579
56,983 56,983 56,983 2.530% Revolving I 120
5,800 5,800 5,800 0.000% Revoking I 0
26,128 26,128 26,128 0.000% Revolving I 0
6,519 6,519 6,519 0.000% Revolving I 0
95,430 95,430 95,430 1.511% I 120
Benchmark Yield Comparison 3 Month Treasury 6.26%I 1 Year Treasury
6.37%
Schedule of Maturities:
Immediate
FY 1999-2000
Total
$13,298,865
1,087,682
$14,386,547
General Fund Loans Receivable:
Hakone Foundation #
Reserve Analysis:
General Fund Reserve requirement adopted 4/5/00:
General Fund Balance as of 5/31/00.
$2,000,000
$8,878,793
Available Funds:
Unrestricted Poolcd Cash & Investments available for current year expenses in all funds: $13,203,435
(Includes unrestricted funds maturing within thc current fiscal year)
Maturity
Principal Rate Date Term
$162,401 6.500% 03/01/2004 3,650
NOTES:
DD - Direct Deposits CK - Checking Account MF - Mutual Fund SV - Savings Account ES - Escrow Account
* FDR = The Financial Directory rating is based on computer analysis of prime fmancials reported quarterly by the institutions to the Federal Reserve Board and the Federal
Home Loan Bank Board. Ratings based on information released July 1998.
**Market values for U.S. Treasury Notes provided by State Street Bank and Trust Company.
# This loan is noted for memorandum purposes only. The loan is amortized per the agreement with the Hakone Foundation. No payments are received.
This report reflects Pooled Cash, Investments and Restricted Cash which are available resoumes to fund operations, debt service and capital improvements. Other interest beating
assets (notes receivable) are listed above. Debt service reserve funds held by trustees are restricted pursuant to indenture covenants and have been excluded from this report
Pursuant to Government Code Section 53646, the City's investment portfolio is in compliance with the adopted investment policy and there are adequate resources to meet
expenditure requirements for the next six months.
Submitted by: Approved by:
9/7/00
a T-a,di~ed Results)
08-OOREPO. xls T r e a s u r
e r ' s
Report-Auc~. 2000
SARATOGA CITY COUNCIL
MEETING DATE:
ORIGINATING DEPT: City Manager
PREPARED BY:/q~ a/~//~
CITY MANAGER:
DEPT HEAD:
SUBJECT: Andrew Jacobs, Clamant; Claim No. 99-006
RECOMMENDED ACTION(S):
Reject claim.
REPORT SUMMARY:
The claimant states that tar over spray applied to his street resulted in damage to the claimant
1969 Mustang. As a result Andrew Jacobs had the vehicle professionally cleaned at a cost of
$45.00.
The roadwork referred by the claimant was performed by G. Bortolotto & Co, which has an
agreement with the City that includes provisions naming the city as an additional insured.
Therefore, ABAG recommends rejection of the claim. ABAG has also forwarded the claim to G.
Bortolotto & Co.
FISCAL IMPACTS:
N°t applicable.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S):
The claim will not be rejected.
ALTERNATIVE ACTION(S):
The City Council could decide not to reject the claim.
FOLLOW UP ACTION(S):
Process rejection of claim and notify claimant.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Not applicable.
ATTACHMENTS:
Claim Acknowledgement Notice from ABAG.
2 of 2
ASSOCIATION OF BAY AREA GOVERNMENTS
Representing City and County Governments of the San Francisco Bay Area
August 14, 2000
ABAG PLAN
C o RPO RAT I O N
Claims Manager
G. Bortolotto & Co., Inc.
580 Bragato Road
San Carlos, CA 94070-6227
RE:
ABAG Member:
Claimant:
Loss Date:
ABAG File No.:
Project:
The City of Saratoga
JACOBS, Andrew
2-14-2000
GL-050441
City of Saratoga - 1999 Pavement Management Program
Dear Claims Manager:
This letter will serve to notify you that a claim for damages has been presented to the City of
Saratoga involving the referenced project. The claimant asserts that his vehicle was damaged
by tar overspray when he drive in the area of road work which took place in front of his house at
13093 Pierce Road in Saratoga, CA. The claimant submitted a written estimate for $45 to
remove the tar from the left and right sides of the hood on his 1969 Mustang.
Marken Hew, Claims Examiner in our office inspected the vehicle on 5/22/00. He found the
claimant's car to be in excellent condition. Mr. Hew did observe small dots consistent with tar
spray on the right and left fenders and hood. Photographs were taken, but the fine spray
pattern of the dark spots did not show up well in the photos.
With this notice we are formally tendering this claim to you pursuant to the project construction
agreement in which it was agreed that the City of Saratoga would be held harmless in claims
resulting from this construction project (p. 21). A copy of Mr. Jacobs' claim notice is enclosed
for your records. The claimant has been notified by letter regarding the tender of this claim.
Kindly-contact Andrew Jacobs at 408-867-4043.
Please acknowledge your receipt of this claim tender and confirm the City will be provided
indemnification and defense in regard to this claim. If settlement is negotiated with the
claimant, please include the City of Saratoga on the claim release form. Kindly keep us
apprised of the investigation status. Should you have any questions regarding this matter,
please contact me at 510-464-7936.
Claims Examiner
cc: The City of Saratoga
ABAG
MailingAddress: .P.O. Box2050 Oakland, Cali~rnia~-2050 (510)4~-7g00 Fax:(510)4~-TgBg plan@aba~ ......
Claim
Location: Joseph P. Bo~ MetroCenter ~01 Eighth Street Oakland, Cali~rnia ~607-4756
Acknowledgement
Notice-ABAG
ASSOCIATION OF BAY AREA GOVERNMENTS
Representing City and County Governments of the San Francisco Bay Area
August 14, 2000
ABAG PLAN
C o RPORATION
ABA
Andrew Jacobs
13093 Pierce Road
Saratoga, CA 95070
RE:
ABAG Member:
Loss Date:
ABAG File No.:
The City of Saratoga
2-14-2000
GL-050441
Dear Mr. Jacobs:
As you are aware, we are the claims administrators for the City of Saratoga. The purpose of
this letter is to provide you with the results of our review into this claim.
We need to advise you that we received a copy of the contract between the City and
G. Bort01otto & Co., Inc. for the 1999 Pavement Management Program. The contract includes
a provision wherein the contractor agrees to indemnify and hold the City harmless in claims
resulting from the construction project. A notice tendering this claim to the contractor has been
issued.
Since the contractor's liability coverage would be primary under this construction agreement,
the City will be sending you a Notice of Rejection on this claim. You should follow up on YOur
claim for damages with the contractor:
· G. Bortolotto & Co. Inc. 580 Bragato Road
San Carlos, CA 94070-6227
Be sure to reference the 1999 Pavement. Management Program when contacting G. Bortolotto
& Co., Inc. Should you have any questions regarding this claim, please contact me at 510-
464-7936.
Claims Examiner
cc: The City of Saratoga
Mailing Address:
Location:
P.O. Box 2050 Oakland, California c)4604-2050 (510) 464-7900 Fax: (510) 464-7989
Joseph P. Bott MetroCenter 101 Eighth Street Oakland, California 94607-4756
planOabag.ca.gov
ASSOCIATION OF' BAY AREA GOVERNMENTS
Representing City and County Governments of the San Francisco Bay Area
August 29, 2000
ABA G PLAN
C o RP O RATIO N
ABAG
Mary Jo Walker, Risk Manager
City of Saratoga
13777 Fruitvale Avenue
Saratoga, CA 95070
CLAIMANT(s):
DATE OF LOSS:
CITY CLAIM #:
ABAG CLAIM #:
JACOBS, Andrew
2-14-2000
99/00 SA 99-006
GL-050441
SUPPLEMENTAL CLAIM REPORT
Dear Ms. Walker:
This will serve to provide status on the above-referenced claim.
FACTS:
The claimant asserts that roadwork performed by G. Bortolotto & Co. caused overspray damage
· to his 1969 Mustang. The claimant submitted a $45 estimate for detailing the vehicle.
CLAIM TENDER:
We have issued notice to the contractor tendering this claim.
claimant advising him of the claim tender.
A letter was also sent to the
RECOMMENDATION:
Since this claim has been tendered, recommend for the City to issue a rejection notice to the
claimant. The rejection should be sent using Form No. ,3 out of the ABAG PLAN Liability
Claims Manual.
REMARKS:
We will maintain this matter on monitor diary pending further contact from the claimant and
tender confirmation from the contractor. If you have any questions about this or any other
matter, please contact me at 510-464-7936.
Lori Hardacre
Claims Examiner
Enclosures
Mailing Address:
Location:
P.O. Box 2050 Oakland, California 94604-2050
Joseph P. Bort MetroCenter 101 Eighth Street
(510) 464-7900 Fax: (SlO) 464-7989
Oakland, California 94607-47S6
plan@abag.ca.gov
SARATOGA CITY COUNCIL
MEETING DATE:
ORIGINATING DEPT: City Manager
PREPARED BY: ]~ cv~,,'~ ~C
September 20, 2000 AGENDA ITEM:
CITY MANAGER:
DEPT HEAD: /~
SUBJECT: Andrew Jacobs, Clamant; Claim No. 99-006
RECOMMENDED ACTION(S):
Reject claim.
REPORT SUMMARY:
The claimant states that tar over spray applied to his street resulted in damage to the claimant
1969 Mustang. As a result Andrew Jacobs had the vehicle professionally cleaned at a cost of
$45.00.
The roadwork referred by the claimant was performed by G. Bortolotto & Co, which has an
agreement with the City that includes provisions naming the city as an additional insured.
Therefore, ABAG recommends rejection of the claim. ABAG has also forwarded the claim to G.
Bortolotto & Co.
FISCAL IMPACTS:
NOt applicable.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S):
The claim will not be rejected.
ALTERNATIVE ACTION(S):
The City Council could decide not to reject the claim.
FOLLOW UP ACTION(S):
Process rejection of claim and notify claimant.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Not applicable.
ATTACHMENTS:
Claim Acknowledgement Notice from ABAG.
2 of 2
ASSOCIATION OF BAY AREA GOVERNMENTS
Representing City and County Governments of the San Francisco Bay Area
August 14, 2000
ABA G PLAN
C o RPO RAT I O N
Claims Manager
G. Bortolotto & Co., Inc.
580 Bragato Road
San Carlos, CA 94070-6227
RE:
ABAG Member:
Claimant:
Loss Date:
ABAG File No.:
Project:
The City of Saratoga
JACOBS, Andrew
2-14-2000
GL-050441
City of Saratoga - 1999 Pavement Management Program
Dear Claims Manager:
This letter will serve to notify you that a claim for damages has been presented to the City' of
Saratoga involving the referenced project. The claimant asserts that his vehicle was damaged
by tar overspray when he drive in the area of road work which took place in front of his house at
13093 Pierce Road in Saratoga, CA. The claimant submitted a written estimate for $45 to
remove the tar from the left and right sides of the hood on his 1969 Mustang.
Marken Hew, Claims Examiner in our office inspected the vehicle on 5122/00. He found the
claimant's car to be in excellent condition. Mr. Hew did observe small dots consistent with tar
spray on the right and left fenders and hood. Photographs were taken, but the fine spray
pattern of the dark spots did not show up well in the photos.
With this notice we are formally tendering this claim to you pursuant to the project construction
agreement in which it was agreed that the City of Saratoga would be held harmless in claims
resulting from this construction project (p. 21). A copy of Mr. Jacobs' claim notice is enclosed
for your records. The claimant has been notified by letter regarding the tender of this claim.
Kindly-contact Andrew Jacobs at 408-867-4043.
Please acknowledge your receipt of this claim tender and confirm the City will be provided
indemnification and defense in regard to this claim. If settlement is negotiated with the
claimant, please include the City of Saratoga on the claim release form. Kindly keep us
apprised of the investigation status. Should you have any questions regarding this matter,
please contact me at 510-464-7936.
Claims Examiner
cc: The City of Saratoga
ABAG
MailingAddress: P.O. Box2050 Oakland, Cali~rnia94~-2050 (510)4~-7900 Fax:(510)4~-?989 plan@aba- ......
Claim
Location: ~seph P. BoR MetroCen~r 101 Eighth Street Oakland, California 94607-4756
Acknowledgement
Notice-ABAG
ASSOCIATION OF BAY AREA GOVERNMENTS
Representing City and County Governments of the San Francisco Bay Area
August 14, 2000
A
C
BAG
O R P O
P
LAN
T I 0 N
ABA
Andrew Jacobs
13093 Pierce Road
Saratoga, CA 95070
RE:
ABAG Member:
Loss Date:
ABAG File No.:
The City of Saratoga
2-14-2000
GL-050441
Dear Mr. Jacobs:
As you are aware, we are the claims administrators for the City of Saratoga. The purpose of
this letter is to provide you with the results of our review into this claim.
We need to advise you that we received a copy of the contract between the City and
G. Bort01otto & Co., Inc. for the 1999 Pavement Management Program. The contract includes
a provision wherein the contractor agrees to indemnify and hold the City harmless in claims
resulting from the construction project. A notice tendering this claim to the contractor has been
issued.
Since the contractor's liability coverage would be primary under this construction agreement,
the City will be sending you a Notice of Rejection on this claim. You should follow up on your
claim for damages with the contractor:
G. Bortolotto & Co. Inc.
580 Bragato Road
San Carlos, CA 94070-6227
Be sure to reference the 1999 Pavement Management Program when contacting G. Bortolotto
& Co., Inc. Should you have any questions regarding this claim, please contact me at 510-
464-7936.
Claims Examiner
cc: The City of Saratoga
Mailing Address: P.O. Box 2050 Oakland, California 94604-2050 (51o) 464-7900 Fax: (510) 464-7989 plan@abag.ca.gov
Location: Joseph P. Bott MetroCenter I01 Eigh[h Street Oakland, California 94607-4756
ASSOCIATION OF BAY AREA GOVERNMENTS
Representing City and County Governments of the San Francisco Bay Area
August 29, 2000
ABA G PLAN
C o RP O RATIO N
ABA6
Mary Jo Walker, Risk Manager
City of Saratoga
13777 Fruitvale Avenue
Saratoga, CA 95070
CLAIMANT{s):
DATE OF LOSS:
CITY CLAIM #:
ABAG CLAIM #:
JACOBS, Andrew
2-14-2000
99/00 SA 99-006
GL-050441
SUPPLEMENTAL CLAIM REPORT
Dear Ms. Walker:
This will serve to provide status on the above-referenced claim.
FACTS:
The claimant asserts that roadwork performed by G. Bortolotto & Co. caused overspray damage
to his 1969 Mustang. The claimant submitted a $45 estimate for detailing the vehicle.
CLAIM TENDER:
We have issued notice to the contractor tendering this claim.
claimant advising him of the claim tender.
A letter was also sent to the
RECOMMENDATION:
Since this claim has been tendered, recommend for the City to issue a rejection notice to the
claimant. The rejection should be sent using Form Ho. ;3 out of the ABAG PLAN Liability
Claims Manual.
REMARKS:
We will maintain this matter on monitor diary pending further contact from the claimant and
tender confirmation from the contractor. If you have any questions about this or any other
matter, please contact me at 510-464-7936.
Lori Hardacre
Claims Examiner
Enclosures
Mailing Address:
Location:
P.O. Box 2050 Oakland, California 94604-2050
Joseph P. Bott MetroCenter lO1 Eighth Street
(510) 464-7900 Fax: (510)464-7989
Oakland, California 94607-4756
plan@abag.ca.gov
SARATOGA CITY COUNCIL
MEETING DATE: September 20, 2000
DEPT: Community Development
PREPARED BY: ,~i' ~
AGENDAITEM: ~ L/~
CITY MANAGER:
DEPT HEAD: ~~/~l~'~
SUBJECT: Planning Commission Actions, September 13, 2000
RECOMMENDED ACTION(S):
Note and file.
REPORT SUMMARY:
Attached are the Planning Commission action minutes of September 13, 2000.
FISCAL IMPACTS:
N/A
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S):
N/A
ALTERNATIVE ACTION(S):
N/A
FOLLOW UP ACTION(S):
N/A
ADVERTISING, NOTICING AND PUBLIC CONTACT:
N/A
ATTACHMENTS:
Action Minutes - Saratoga Planning Commission
ACTION MINUTES
SARATOGA PLANNING COMMISSION
DATE:
PLACE:
TYPE:
Wednesday, September 13, 2000 - 7:30 p.m.
Council Chambers/Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA
Regular Meeting
ROLL CALL
PRESENT:
ABSENT:
STAFF:
Chairman Page, Commissioners Barry, Bernald, Jackman, Kurasch, and Roupe
Commissioner Patrick
Director Walgren, Planners Pearson and Ratcliffe, City Attorney Taylor
PLEDGE OF ALLEGIANCE
MINUTES - August 9, 2000
ORAL COMMUNICATIONS
REPORT OF POSTING AGENDA
Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on September 8,
2000.
TECHNICAL CORRECTIONS TO PACKET
CONSENT CALENDAR
DR-99-052 8r UP-99-021 (517-10-015) - OUR LADY OF FATIMA, 20400 Saratoga-Los
Gatos Road; Request for Use Permit and Design Review approval to replace an existing
Convent, Priest Quarters, Chapel and Visitor's Apartments with an Assisted Living Facility
for the elderly, and the interior conversion of an existing Skilled Nursing Facility into
Assisted Living units. Total number of existing units is 41; total number of Assisted Living
Units proposed is 42. Existing floor area is 50,372 square feet; proposed floor area is 68,955
square feet. An Environmental Initial Study has been prepared, and adoption of a Negative
Declaration is also requested. (CONTINUED TO 9/27/00 TO RE-NOTICE)
APPROVED 6-0
DR-00-019 (389-12-007) - SABIC, 18817 Devon Avenue; Request for Design Review
approval to demolish an existing single story structure and build a new two-story structure.
The existing structure is 1,061 square feet, and the proposed new structure is 2,909 square
feet at a maximum height of 23 feet 6 inches. The 10,000 square foot site is located within an
R-l-10,000 zoning district. (CONTINUED FROM 7/26/00)
APPROVED 6-0
Action Minutes
Sara~og~ Pln.
Commission
PLANNING COMMISSION ACTION MINUTES
SEPTEMBER 13, 2000
PAGE2
DR-00-013 (517-18-062) - FREDERICKSON, 20470 Montalvo Heights Drive; Request
for Design Review approval for the addition of a detached 1,530 square foot garage and pool
house with a maximum height of 14 feet. There is an existing 4,630 square foot residence
proposed to remain. The parcel is 1.9 acres (net) and located within an R-i-40,000 zoning
district.
APPROVED 6-0
PUBLIC HEARINGS
All interested persons may appear and be heard at the above time and place. If you challenge a
decision of the Planning Commission pursuant to a public hearing in court, you may be limited to
raising only those issues you or someone else raised at the public hearing(s) described in this agenda,
or in written correspondence delivered to the Saratoga Planning Commission at, or prior to, the
public hearing. In order to be included in the Planning Commission's information packets, written
communications should be filed on or before the Thursday before the meeting.
SD-99-003, UP-00-001 Esr GPA-00-001 (517-13-018, 517-13-019, 517-12-001) - SOBKATO
DEVELOPMENT COMPANY and the SARATOGA CEMETERY DISTRICT, 14800
Bohlman Road (site of the former Sisters of Notre Dame de Namur) and 14766 Oak
Street (Madronia Cemetery); Request for Tentative Map approval for the subdivision of
the 23.5 acre site into 11 lots ranging in size from 6.2 acres to 40,913 square feet. Minor road
widening and the development of a sidewalk along Bohlman Road are proposed. Use Permit
approval is requested to transfer two acres to the Saratoga Cemetery District for the
expansion of the Madronia Cemetery. A General Plan Amendment is necessary to change
the General Plan designation from Quasi-Public Facilities to Residential-Very Low Density.
The site is located within an R-I-40,000 zoning district.
An environmental initial study and subsequent Negative Declaration have been prepared for
the project pursuant to the requirements of the California Environmental Quality Act.
(CONTINUED FROM 7/12/00)
APPROVED 6-0
DR-99-014 (503-29-057) - CHANG, 22005 Dorsey Way; Request for Design Review
approval to demolish an existing 3,317 square foot residence and construct a new 4,203 square
foot, two-story residence on a 40,032 square foot parcel. Maximum height proposed is 26 feet.
The parcd is located within an R-I-40,000 zoning district.
(CONTINUED TO 9/27/00)
SD-00-002 (397-21-022) - HOWELL ~sr MCNEIL DEVELOPMENT, LLC, 20251
Saratoga-Los Gatos Road; Application for Subdivision approval and adoption of a
Negative Declaration to split an existing 3.7 acre lot into five lots. The parcel is located
within an R-i-20,000 zoning district.
(CONTINUED TO 9/27/00)
PLANNING COMMISSION ACTION MINUTES PAGE
SEPTEMBER 13, 2000
COMMISSION ITEMS
1. DR-99-059 (503-30-022) - LUSTENADER, 14220 Pike Road; Request for Modification
to an approved Design Review application. The modification involves an increase of 208
square feet of floor area and the addition of 683 square feet of second story decks.
ACCEPTED 6-0
DIRECTOR ITEMS
1. Housing Proposal - October 5 Workshop
2. Circulation Element draft - September 20 meeting
COMMUNICATIONS
WRITTEN
1.
2.
Pubhc Notices for regular Planning Commission meeting September 27, 2000
Library Expansion Community Meetings Announcement
ADJOURNMENT AT 1:00 A.M. TO NEXT MEETING
Wednesday, September 27, 2000, Council Chambers/Civic Theater
13777 Fruitvale Avenue, Saratoga, CA
SARATOGA CITY COUNCIL
EXECUTIVE SUMMARY NO.
MEETING DATE: September 20, 2000
ORIGINATING DEPT: City Attorney
AGENDA ITEM
CITY MANAGER:
PREPARED BY: R. Taylor
SUBJECT: Resolution Concerning Participation By Persons Employed
By The City Of Saratoga In Political Activities
RECOMMENDED ACTIONS:
Adopt resolution concerning participation by City employees in political activities.
STAFF REPORT:
At Council's request, this office has prepared the attached resolution establishing
City policy concerning participation by City employees in political activities. The
policies reflect the competing duties of the City to avoid improper political use of City
resources and at the same time avoid improper interference with employees' freedom of
expression. The legal basis for the policies is discussed in this office's December 10,
1999 memorandum on this subject, a copy of which is attached to this report.
This report briefly sets forth the basis for each of the policies in the draft
resolution. These issues are discussed in more detail in the December 10, 1999
memorandum.
Policy 1: Employees shall not, at any time, use any City resources to promote
election campaigns. City resources include, but are not limited to: staff time;
photocopying; phone access; facsimile transmissions; City vehicles; office
supplies; computers; and official bulletin boards.
Basis: California Penal Code § 424; Govemment Code § 3207.
Policy 2: Employees shall not use their authority or influence to obtain a
change in position or compensation in exchange for a particular vote or
political action by another employee or member of the public.
Basis: Government Code § 3204.
Policy 3: Employees shall not directly or indirectly offer to increase the
salary or compensation of another in exchange for a contribution or loan to
any committee controlled directly or indirectly by a person who holds or
seeks election to any office.
Basis: Government Code § 3205.5.
Policy 4: Employees who work on projects funded in whole or in part by
federal grants shall not be candidates for public office in a partisan election
to the extent that such candidacy is prohibited by federal law.
Basis: The Hatch Act, 5 U.S.C. §§ 1501-1508.
Policy 5: No employee shall directly or indirectly solicit or receive political
funds or contributions during working hours while in his or her City
workplace. As used in this policy City workplace includes but is not
limited to: individual employee offices; reception areas for City
departments; maintenance yards; and other City property where employees
are required to be present in order perform their official duties.
Basis: Government Code § 3205(a) & (b).
Policy 6: Nothing in the foregoing policies shall be construed to limit the
rights of staff and employees to engage in political activities outside of
working hours on City property which constitutes a public forum when a
communication is made to a significant segment of the public which may
include officers, staff, and employees of the City. As used in this policy
City property which constitutes a public forum includes but is not limited to
City parks and the Community Theater.
Basis: Government Code §3205(c).
Policy 7: Nothing in the foregoing policies shall be construed to limit the
rights of employees to solicit or receive political funds or contributions to
promote the passage or defeat of a ballot measure which would affect the
rate of pay, hours of work, retirement, civil service, or other working
conditions of officers or employees of the City, outside of work hours.
Basis: Government Code § 3209.
Policy 8: Nothing in the foregoing policies shall be construed to limit the
rights of employees to: run for public office in nonpartisan elections;
campaign for and hold office in political clubs and organizations; actively
campaign for candidates for public office in partisan and nonpartisan
elections outside of work hours and on City property which constitutes a
public forum; 'contribute money to political organizations; and attend
political fund raising functions outside of work hours.
Basis: Statement of activities not limited by state or federal laws.
FISCAL IMPACTS: None
ADVERTISING, NOTICING AND PUBLIC CONTACT: Notice for this meeting.
CONSEQUENCES OF NOT ACTING ON RECOMMENDED MOTION(S):
The City would have no formal policy on employee participation in political activities.
FOLLOW UP ACTIONS: The policies will be distributed to City employees.
ATTACHMENTS:
Resolution
December 10, 1999 Memorandum
CITY OF SARATOGA
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SARATOGA CONCERNING PARTICIPATION IN
POLITICAL ACTIVITIES BY PERSONS EMPLOYED
BY THE CITY OF SARATOGA
WHEREAS, State and federal law strictly limit and in may cases prohibit the use of City
resources in election campaigns; and
WHEREAS, the State and Federal Constitutions protect the right of City employees to free
expression and to participate in political activities as individuals to the extent that such activities do
not conflict with the City's interest and duty to protect the integrity of the public service consistent
with State and federal limits on the use of City resources in election campaigns; and
WHEREAS, guidance on participation in political activities will help avoid improper use of
City resources as well as promoting appropriate political activity by City employees in their
individual capacity by reducing uncertainty concerning the permissible scope of such activities in
the workplace;
NOW THEREFORE, BE IT RESOLVED THAT the following policies are hereby adopted
regarding participation in political activities by persons employed by the City of Saratoga
("employees"):
Employees shall not, at any time, use any City resources to promote election
campaigns. "City resources" include, but are not limited to: staff time;
photocopying; phone access; facsimile transmissions; City vehicles; office supplies;
computers; and official bulletin boards.
Employees shall not use their authority or influence to obtain a change in position or
compensation in exchange for a particular vote or political action by another
employee or member of the public.
Employees shall not directly or indirectly offer to increase the salary or
compensation of another in exchange for a contribution or loan to any Committee
controlled directly or indirectly by a person who holds or seeks election to any
office.
Employees who work on projects funded in whole or in part by federal grants shall
not be candidates for public office in a partisan election to .the extent that such
candidacy is prohibited by federal law.
1. Resolution
o
No employee shall directly or indirectly solicit or receive political funds or
contributions during working hours while in his or her City workplace. As used in
this policy "City workplace" includes but is not limited to: individual employee
offices; reception areas for City departments; maintenance yards; and other City
property where employees are required to be present in order perform their official
duties.
o
Nothing in the foregoing policies shall be construed to limit the rights of staff and
employees to engage in political activities outside of working hours on City
property which constitutes a public forum when a communication is made to a
significant segment of the public which may include officers, staff, and employees
of the City. As used in this policy "City property which constitutes a public forum"
includes but is not limited to City parks and the Community Theater.
o
Nothing in the foregoing policies shall be construed to limit the rights of employees
to solicit or receive political funds or contributions to promote the passage or defeat
of a ballot measure which would affect the rate of pay, hours of work, retirement,
civil service, or other working conditions of officers or employees of the City,
outside of work hours.
o
Nothing in the foregoing policies shall be construed to limit the rights of employees
to: run for public office in nonpartisan elections; campaign for and hold office in
political clubs and organizations; actively campaign for candidates for public office
in partisan and nonpartisan elections outside of work hours and on City property
which constitutes a public forum; contribute money to political organizations; and
attend political fund raising functions outside of work hours.
This Resolution shall be effective upon its adoption.
The foregoing is a full, true and correct copy of a resolution duly adopted by the City Council
of the City at a meeting thereof on the 20th day of September; 2000, by the following vote of
the members' thereof:
AYES:
NOES:
ABSTAIN:
ABSENT:
Stan Bogosian, Mayor
Cathleen Boyer, City Clerk
-2-
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FROM:
DATE:
Saratoga City Council
Richard S. Taylor, City Attorney
December 10, 1999
Political Activities of City Officials and Staff
In light of the Library Bond measure recently placed on the March, 2000
ballot and at the request of Mayor Bogosian, this memorandum summarizes the law
governing political activity by the City including Council members, commissioners, and
City staff. The key points of the law may be mar/zed as follows:
· The City Council and commissions may take positions with respect to issues of
community concern and may announce those positions pubhcly. The City may
also, through its.elected officials, commissioners, and staff, lobby legislators of
other local governments and of the state and federal governments to influence
legislative action. As with any action by a commission, commission policy
statements must be within the scope of the commission's jurisdiction as set forth in
the ordinance or resolution establishing the commission.
The City may not make expenditures of public resources through the City Council,
commissions, or staffin a manner intended to influence public opinion. City
resources may be used to provide objective information on issues of public
concern. Public resources may also be used to inform the public of the position of
the Council or commissions in the manner in which the public is generally
informed of council or commission decisions (i.e., resolutions and minutes).
2. 12/10/99
Memorandum
Saratoga City Council
December 10, 1999
Page 2
· With the exception of the ban on using public resources for political activities and
laws prohibiting improper use of public office, there arc few limits on the ability of
individual Council members to participate in political activities. Co. mmissioners
are subject to somewhat greater limitations.
City staffmay engage in political activities in their offhours with only few
exceptions. In order to ensure that these activities do not result in an improper
expenditure of public funds, the City Council may prohibit political activity during
work hours and on City property.
Below, we first describe the law as it applies to political activities of the
City itself when it acts through the City Council, a commission, or City staff. Tiffs is
followed by a discussion of the law applicable to political activities of individual Council
members, commissioners, and City staff.
I. Political Activities of the City
In general, the City may not spend public money for any partisan political
activities. The California Supreme Court, in. Stanson v. Mott, 17 Cal.3d 206 (1976), set
forth the core constitutional principles governing public agency expenditures on the
dissemination of public information concerning elections. ~ concerned a challenge
to the Department of Parks and Recreation's dissemination of'~promotional'' literature'
during a bond election. The Court held that absent explicit legislative authorization, a
public agency may not expend public funds~ to promote, a particular position in an
election c_~mpaign. (See_ id. at 209-10.) As the Court stated, "[a] fundamental precept of
this nation's democratic electoral process is that the government may not 'take sides' in
election contests or bestow an unfair advantage on one of several competing factions ....
[T]he selective use of public funds in electoral campaigns, of course, raises the specter of
... an improper distortion of the democratic electoral process." (~. at 217.)
Notwithstanding Stanson's general prohibition, public agencies may take
positions on ballot questions so long as they do so during the course of a regular meeting
that is open to the public and thus to the expression of citizens' views. "While [such an
~This includes not only direct expenditures such as postage and copying costs, but
indirect exPenditures such as stafftime and use of City equipment and office space. (See,
people v. Sped, 54 C, al.App.3d 640 (1976).)
Saratoga City Council
December 10, 1999
Page 3
endorsement] may be construed as the advocacy of but a single viewpoint, there is no
genuine effort to persuade the electorate such as that evinced in the activities of
disseminating literature, purchasing advertisements or utilizing public employees for
campaigning during normal working hours." (League of Women V_oters v... Cour~ _tywide
.Criminal Justice Ce.ordination_Comm., 203 Cal.App.3d 529, 560 (1988).) This is true
even though public funds are, by necessity, expended in holding the. public meeting itself.
Public agencies also may use public funds, to disseminate objective and
balanced information concerning ballot questions. (Stanson y. Mort, supra, 17 Cal. 3d. at
221, n.6.) For example, it is permissible for an agency to evaluate the likely impacts of a
ballot measure on the agency, and to make that information available to the public who
may make use of the information if they choose.: The ~ court held that although
the Depa~aient of Parks and Recreation, as a publie agency, could not expend public
funds to "pron~ote" passage of a Park bond issue, the agency could use public funds to
disseminate relevant information relating to the election in a fair and impartial way. The
court explained that "it would be contrary to the public interest to bar lmowledgeable
public agencies.from disclosing relevant information to the public, so long as such
disclosure is full and impartial and does not amount to improper campaign activity." ~...~.)
Because the line between permissible objective information and impermissible
promotional i~fformation is not always clear, it is important to carefully review any
information that the City plans to disseminate using public funds.
State law also allows expenditures of public funds for certain lobbying
activities. A local legislative body, directly or through a representative (i.e., City staffer.
Commissioners), may meet with both the federal and' state legislatures, representatives of'
the federal and state executive, state agencies, and other local agencies on issues that
affect the City. (Gov't Code § 50023.) Further, a local legislative body may enter into
associations for the above stated purposes. (Gov't Code § 50024.) The distinction
2 The legislature has codified ti'tis exception in several in.~tances. Education Code
section 7054, for example, provides that a school district may use public resources to
provide information about bond and ballot measures 'so long as the information
constitutes a fair and impartial presentation of the relevant facts to aid the electorate. And
Education Code section 7058 provides that school district boards may allow the use cfa
school forum for debates between candidates or concerning issues on the ballot so long as
it is made available to all sides on an equitable basis. (Education Code § 7058.)
09/15/00 09:06 '~ SHUTE,MIItAL5 ~ OuS/Uub
Saratoga City Council
December 10, 1999
Page 4
between permissible "legislative lobbying" and impermissible "election campaigning" by .
public bodies tums on the audience to which the activity is directed. (See, ~
Milleg, 87 Cal App. 3d. 762, 768-72 (1978)(noting that the statutes authori.zing public
agency lobbying are narrowly eonsta'ued, that nothing authorizes the use of public funds
to influence, decisions of the people as the electorate, and that such advocacy activities
present a serious threat to the integrity of the electoral process).)
The foregoing limitations on expenditures of public funds apply equally to
expenditures by or on behalf of the City Council, commissions, and staff. The "lobbying
exception" refers explicitly to "legislative bodies" and therefore does not authorize
lobbying by City commissions or City staff unless the commission or staffare acting as
the City Council's authorized representative. State law allows objective information to be
disseminated by the City Council, commissions, and staff alike. Of course, any
expenditures of funds for that purpose would need to be authorized by the City Council.
Similarly, commissions and staff may take positions on public issues on behalf of the City
only to the extent that they are authorized to do so by the City Council in the form of an
explicit or general direction to staff or a Commission. Note that City's Protocol for
Public Officials provides that only the City Council may authorize staffto "initiate
actions, prepare a report that is significant in nature, or initiate any project or study
relating to City business." (City of Saratoga Resolution No. 94-23, § 4.)
H. Political Activities of City Officials
A. ~In General
The law gives some degree of latitude to City Councilmembers,
Commissioners, and staffto participate in political activities as individuals. City officials
may publicly endorse other candidates, ballot measures, or take positions on matters of
public interest. The courts have explained that elected officials and appointed
Commissioners are expected to take positions on matters of public policy and that they
have both a right and an obligation to discuss issues of vital concern with constituents and
to state their views on matters of public importance. (See, _City of Fairfield v...Superior
Court, 14 Cai 3d. 768, 780-82 (1975)[council members' prehearing statements
concerning zoning application were irrelevant to whether the application received a fair
hearing]; see also, Attorney General Opinion No. 94-1003 (March 16, 1995)[a city
council member who signed a petition is not disqualified from participating in
U~/~$,uO u~;O7 ~'
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Saratoga City Council
December 10, ][999
Page $
proceedings on that issue].)
The primary limitations on individual conduct arise from the. principle that
public funds may not be used for political purposes and the related principle that public
office may not be used to obtain an unfair advantage in the pohtical process. Thus, state
law makes it a crime for an individual to use public funds for political purposes. (Penal
Code § 424; see People v. Sperl, 54 Cal.App. Bd 640 (1976)[Los Angeles County Marshal
convicted for assigning deputies to (i) lobby on behalf of private association during work
hours, (ii) use county vehicles for political purposes, and (iii) use county telephones and
staff for fundraising telephone ealls.].) In addition, state law e~tablishes'certain limits on
the nature of political activity that may be undertaken by City officials.
The Government Code provides that City Councilmembers,
Commissioners, and employees may not:
Use their oftice, authority or influence to obtain a change in position or
compensation in exchange for a particular vote or politic, al action by the
official or employee. This includes urging or discouraging an individual
employee to engage in specific action. (OoV't Code § 3204.)
Directly or indirectly solicit political funds or contributions fi:om other
officers or employees of the local agency unless the communication is made
to a significant segment of the public which may include officers and
employees oft. he local agency. (Gov't Code § 3205.)
Directly or indireefly offer to increase the compensation or salary of another
in exchange for a contribution or loan to any committee controlled directly
or indirecfly by the person who holds or is seeking eleetion to an office.
(Gov't Code § 3205.5.)
Participate in political activities of any kind while in uniform. (Gov't Code
§ 3206.)
The one exception to these limitations is that employees may solicit and receive political
funds or contributions to promote the passage or defeat of a ballot measure which would
affect the rate of pay, hours of work, retirement, civil service, or other working conditions
of officers or employees of the state or loc. al agency. (Gov't Code § 3209.) However,
Saratoga City Council
December 10, 1999
Page 6
even this protected activity may be limited by the City during working hours and on
government property. (Id_.; Gov't Code § 3207.)
B. Limitations on Couneilmembers and Commis. sioner8
There are no federal or state statutory limits on a Councilmember or
Commissioner using his or her official title in connection with political activity or fund
raising when he or she is acting as a private individual. However, as a precautionary
measure many officials have adopted the practice of stating that their official title is being
used only "for purposes of identification." This precaution is particularly useful where an
official is strongly identified with their office and it is important tO clarify that certain
actions are being taken as a private individual to avoid any implication that the official is
acting or making expenditures on behalf of the City.
As a private individual a City official may contribute to another person's
election campaign or to a ballot measure campaign. (]3_uckley v.. Valeo, 424 U.S. 1
(1976); California Attorney General Opinion No. 96-505 (March 20, 1997).) In general,
a public official acting as a private individual may also raise funds for other candidates or
ballot measures. However, non-elected officials (i.e., Commissioners) may not solicit or
direct a contribution of more than $250, for any candidate or ballot measure, from any
party while a proceeding involving a license, permit, or other entitlement for use is
pending before the official or for three months after such a decision is rendered final.
(Gov't Code § 843080>).) This limitation also applies to elected officials serving in a
non-elected capacity on a board or commission that has the power to grant licenses,
permits, or other entitlements for use. (Gov't Code § 84308(a)(4).) Further, all candidates
and public officers are subject to the restrictions of the Political Reform Act limiting and
requiring disclosure of financial contributions and conflicts of interest. (Gov't Code §
81000 et seq.)
C. · Limitations_on City_ Staff
The policy of the State of California is to allow broad freedom of political
expression by local government employees. (Gov't Code § 3203.) In order to avoid any
actual or apparent misuse of public funds, however, the legislature has authorized local
governments, to establish rules and regulations prohibiting or otherwise restricting officers
and staff from engaging in political activity during work hours and on City property.
(Gov't Code § 3207.) The City currently does not have any such policies. Any policies
~ UO6,,'OOo
Saratoga City Council
December 10, 1999
Page 7
that are adopted by the City must be narrowly tailored to advance the City's interest in
efficiency and integrity of public service and avoid unnecessary interference with
employees' fights under the first amendment to the U.S. Constitution. (Fort v. Civil
Service Corem of the County of. Alameda 61 Cal 2d 331 (1964).)
Under federal law, the Hatch Act applies primarily to federal executive
branch employees. (5 U.S.C. 8§ 7321 et seq.) However, specific provisions of that law
apply to officers and employees of any state or local agency whose principal employment
is in connection with any activity financed in whole or in part by loans or grants from the
federal government. (5 U.S.C. 8§ 1501-1508.) Those employees may not (1) u~e their
official authority or influence for the purpose of interfering with or affecting the result of
an election or a nomination for office; (2) coerce others for contributions; or.(3) be a
candidate for elective office. The Act does not prohibit au employee from being a
candidate in a nonpartisan election. (5 U.S.C. § 1503.) Violations of the Act may
warrant removal of the officer or employee from employment. (5 U.S.C. § 1505.) If the-
officer or employee is not removed, the federal funds may be withheld from the agency in
an mount equal to two years pay of the officer or employee. (5 U.S.C. § 1506;.
Oklahoma v. U.S. Civil Service Comm~ 330 U.S. 127 (1947) [removal or forfeiture
clause in Act is constitutional].) However, whether an employee can be disciplined or
terminated for violatiOn of this federal statute will depend on the applicability of various
state laws protecting employees.
The Office of the Special Counsel of the U.S. Merit Systems Protection
Board ("OSC") has primary responsibility for enforcing the Act. OSC has stated that
affected employees may: nm for public office .in nonpartisan elections; campaign for and
hold office in political clubs or organizations; a~fively campaign for candidates for public
office in partisan and nonpartisan elections; and contribute money to political
organizations and attend political fund raising functions. (See OSC Web Site at
www.osc.gov/hatch_b.htm.) Affected employees may not: be candidates for public office
in a partisan election, use official authority or influence to interfere with or affect the
results of an election or nomination; directly or indirectly coerce contributions from
subordinates in support of a political party or candidate. (J_~.)
Please do not hesitate to contact me if you have any questions concerning
these matters.
[p;'~ A RATOOA'~IAT I XRST0~$.M EMI
SARATOGA CITY COUNCIL
MEETING DATE: September 20, 2000
ORIGINATING DEPT: Public Works
PREPARED BY: ~~-'?~~~
AGENDA ITEM:
CITY MANAGER:
SUBJECT: Approve Congress Springs Park Design Plan 3B
RECOMMENDED ACTION(S):
Approve. Original Plan 3B
REPORT SUMMARY:
At their meeting on September 6, 2000, City Council received an informational report from Staff
regarding Congress Springs Park and various design options for the improvement of the Park.
Upon reviewing several design options and receiving testimony from the various user groups and
the public, Council chose design option 3B and requested Staff bring this item to the next regular
meeting for vote and approval. At this time, Staff is requesting Council approve Congress
Springs Park design option 3B.
FISCAL IMPACTS:
None in addition to adopted budget.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S):
Original plan 3B will not be approved and the project will not move forward.
ALTERNATIVE ACTION(S):
Council may wish to change the aspects of the plan or place conditions on its development.
FOLLOW UP ACTION(S):
The project will move'forward per the tentative schedule.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Nothing Additional.
ATTACHMENTS:
None.
SARATOGA CITY COUNCIL
EXECUTIVE SUMMARY NO.
MEETING DATE: SEPTEMBER 20, 2000
ORIGINATING DEPT.: PUBLIC WORKS
AGENDA ITEM
CITY MGR.:
DEPT. HEAD:
SUBJECT: Final Map Approval for two lots located at 19101 Via Tesoro Court.
Owner: Amit and Subashree Nagpal.
Recommended Motion(s):
1. Move to adopt Resolution No. SD 98-008 granting final map approval of Tentative Map
Application No. SD 98-008 for two lots located at 19101 Via Tesoro Court.
Report ~qnmmary:
Attached is Resolution No. SD 98-008 which, if adopted, will grant final map approval for two
lots located at 19101 Via Tesoro Court. I have examined the final map and related documents
submitted to me in accordance with the provisions of Section 14.40.020 of the Municipal Code
and have determined that:
1. The final map substantially complies with the approved tentative map.
2. All conditions of the approved tentative map, as contained in Resolution of the City Council
No. 99-46, have been completed or will be completed concurrent with development of the two
lots.
3. The Subdivision Map Act, the City's Subdivision Ordinance and all other applicable
provisions of law have been complied with.
4. The final map is technically correct.
Consequently, the City Surveyor's certificate has been executed on the final map and the final
map has been filed with the City Clerk pursuant to Section 14.40.040 of the Municipal Code for
action by the City Council.
The subdivider has paid $1,734.40 in Engineering Fees and $9,315 in Park Development Fees
required for this subdivision.
C, onsequences of Not Acting on the Recommended Motions:
The final map must either be approved or rejected by the CityCouncil. If the map is rejected, it
would be returned to the subdivider with findings as to why the map was rejected.
Alternative Action(s):
None in addition to the above.
Follow Ilo Actions:
The signed map will be released to the subdivider's Title Company for recordation along with
recording instructions.
Attachments:
1. Site Map.
2. Parcel Map.
3. Resolution No. SD 98-008 granting final map approval.
4. Resolution of the City Council No. 99-46 approving the tentative map with conditions.
Applicant No./Location:
Applicant/Owner:
Staff'Planner:
Date:
SD-98-008 & DR-98-052; 19101 Via Tesoro Court
NAGPAL
Christina Ratclitte, Assistant Planner ~
May 12, 1999
WEST VALLEY COLLEGE
North
19101 Via Tesoro Court ~. Site Map
I
I
z
~ z o ,~
~z ~o~
~ ;e ; 2. Parcel Map
RESOLUTION NO. SD 98-008
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
APPROVING THE FINAL MAP OF SD 98-008
19101 VIA TESORO COURT (NAGPAL)
The City Council of the City of Saratoga hereby resolves as
follows:
SECTION 1:
Two parcels as shown on that certain Parcel Map
prepared by TS Civil Engineering, Inc., dated
January 2000, and filed with the City Clerk of the
City of Saratoga on September 20, 2000, are approved
as TWO (2) individual parcels.
SECTION 2: Ail streets and easements shown on said map and
offered for dedication to public use are hereby
rejected on behalf of the public, save and except
for public service easements; and to the limited
extent that any offers for public street purposes
either expressly or implicitly include offers for
easements for utility purposes along or beneath said
street rights of way, then as to such express or
implied offers of easements for public utility
purposes, the same are hereby accepted on behalf of
the public.
The above and foregoing resolution was passed and adopted by the
Saratoga City Council at a meeting held on the day of
, 20 , by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Mayor
City Clerk
3. Resolution
NO.SD 98-008
RESOLUTION NO. 99-.~fi_
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SARATOGA GRANTING AN APPEAL FROM
THE DECISION OF THE PLANNING COMMISSION
RELATING TO A TENTATIVE PARCEL MAP AND
DESIGN REVIEW APPROVAL
SD-98-008 and DR-98-052; NAGPAL: 19101 VIA TESORO COURT
WHEREAS, Mr. and Mrs. Nagpal made an application under the Subdivision Map
Act of the State of California and under the Subdivision Ordinance of the City of
Saratoga for Tentative Parcel Map approval to subdivide one existing parcel ir~to two
parcels and design review approval to construct a new 5,301 square foot two story
residence with a maximum height of 25 ft., 10 in. on one of the parcels; and
WHEREAS, on May 12, 1999, the Planning Commission of the City of Saratoga
held a duly noticed public hearing On said application at which all interested parties were
given a full opportunity to be heard and to present evidence and following the conclusion
thereof, the Planning Commission voted to deny the application;
WHEREAS, the denial of the Planning Commission has been appealed to the City
Council by the applicant; and
WHEREAS, on July 7, 1999, the City Council condu~cted a de novo public hearing
on the appeal, which included a review of the entire tentative map application and the
entire design review permit application, at which time any person interested in the matter
was given the full opportunity to be heard and to present evidence; and
WHEREAS, the City Council reviewed and considered the staff report, minutes of
proceedings conducted by the Planning Commission relative to the application, and all
written and oral evidence presented to the City Council in support of and in opposition to
the appeal.
NOW, THE~eEFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SARATOGA, as follows:
Section 1. The appeal from the Planning Commission is hereby granted, to wit:
The applicant has met the burden of proof required to support the application and
the following findings have been determined:
- The proposed subdivision, together with the provisions for its design and
Resolution of
City Council9~
improvement, is consistent with the Saratoga General Plan and with all specific
regulations relating thereto, and the proposed subdivision and land use is compatible with
the obiectives, policies, and general land use and programs specified in such General Plan,
reference to the Staff Report to the Planning Commission dated May 12, 1999 being
hereby made for further particulars; and
- None of the conditions set forth in Government Code Sections 66474(a)-(g) and
66474.6 exist with respect to said subdivision and tentative approval should be granted in
accord with conditions as hereinafter set forth; and
-The height, elevations and placement on the site of the proposed residence, when
considered with reference to: (i) the nature and location of residential structures on
adiacent lots and within the neighborhoods; and (ii) community view sheds will avoid
unreasonable interference with views and privacy in that the placement and height of the
proposed residence will not adversely impact adjacent properties.
-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
neighboting developed areas and undeveloped areas and all Ordinance-protected tress on
the site will be preserved.
-The proposed residence 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, in that the proposed design is similar in scale, size and style
to other homes in this neighborhood and surrounding areas.
-The proposed residence 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, in that the
design minimizes the perception of height and bulk and the placement of the residence on
the lot will not unreasonably impose on adjacent properties.
-The proposed site development and grading plan incorporates current grading and
erosion control standards used by the City.
-The proposed residence will conform to each of the applicable design policies and
techniques set forth in the Residential Design Handbook and as required by Section 15-
45.055.
Section 2. The Tentative Parcel Map for the subdivision, which map is dated April
9, 1999 and is marked Exhibit A in the hereinafter referred file, is hereby conditionally
Acknowledged
Plans Submitted
Plans Approved
Acknowledged
Acknowledged
Completed
Map Submitted
approved. The conditions of said approval'are as follows:
1. A portion of the existing circular driveway shall be removed so as to create
separate and individual access to each lot.
2. Applicant shall submit to Planning staff plans indicating improvements for a
pedestrian/equestrian pathway within the easement along Chester Avenue to the extent
feasible without endangering any Ordinance-protected trees.
3. Pathway improvement plans shall be reviewed by Planning staff, the City
Arborist and approved by the Parks and Recreation Commission prior to recordation of
the Final Map.
4. Future development on both lots shall adhere to the then current Zoning
requirements. Future homes shall be sited and designed to minimize the amount of pad
grading necessary and the removal of ordinance-protected trees.
5. Subdivision improvement construction hours shall be limited to 7:30 a.m.
and 6:00 p.m., Monday through Friday, except in the event of an emergency which
imperils public safety. The Public Works Director may grant an exemption upon his/her
determination of an emergency. No construction work shall be permitted on legal
holidays.
6. Prior to submittal of the Final Map to the City Engineer for examination,
the owner (applicant) shall cause the property to be surveyed by a Licensed Land
Surveyor or an external property comer locations, either found or set. The submitted
map shall also show monuments set at each new comer location, angle point, or as
directed by the City Engineer, all in conformitY with the Subdivision Map Act and the
Professional Land Surveyors Act.
7. The owner (applicant) shall submit four (4) copies of a Final Map n
substantial conformance with the approved Tentative Map, along with the additional
documents required by Section 14-40.020 of the Municipal Code, to the City Engineer
for examination. The Final Map shall contain all of the information required in Section
13-40.030 of the Municipal Code and shall be accompanied by the following items:
a. One copy of map checking calculations.
b. Preliminary Title Report for the property dated within ninety (90) days of
the date of submittal for the Final Map.
c. One copy of each map referenced on the Final Map.
d. One copy of each document/deed referenced on the Final Map.
e. One copy of any other map, document, deed, easement or other resource
that will facilitate the examination process as requested by the City Engineer.
Fees Paid
Provided on
Final Map
Completed
8. The owner (applicant) shall pay a Map Checking fee, as determined by the City
Engineer, at the time of submittal of the Final Map for Examination.
9. The owner (applicant) shall provide Irrevocable Offers of Dedication for all
required easements and/or rights-of-way on the Final Map, in substantial conformance
with the approved Vesting Tentative Map, prior to the Final Map approval.
10. All structures or appurtenances straddling the proposed lot line between Lots i and
2 shall be removed prior to Final Map Approval.
Proof of
Insurance
provided
11. The owner (applicant) shall furnish a written indemnity agreement and proof of
insurance cox~erage, in accordance with Section 14-05.050 of the Municipal Code, prior to
Final Map approval.
Provided
12. Prior to Final Map approval, the owner (applicant) shall furnish 'the City Engineer
with satisfactory written commitments from all public and private utility providers serving
the subdivision guaranteeing the completion of all required utility improvements to serve
the subdivision.
Provided
13. The owner (applicant) shall secure all necessary permits from the City and any
other public agencies, including public and private utility 'providers, prior td
commencement of subdivision improvement construction. Copies of permits other than
those issued by the City shall be provided to City Engineer.
Fees Paid
14. The owner (applicant) shall pay the applicable Park and Recreation fee prior to
Final Map approval.
Acknowledged 15. All building and construction related activities shall adhere to New Development
and Construction - Best Management Practices as adopted by the City for the purpose of
preventing storm water pollution.
Acknowledged 16. All requirements for tree protection as recommended by the City Arborist shall
apply throughout subdivision improvements construction.
Not
Applicab~. The owner (applicant) shall pay a Subdivision Improvement Plan Checking fee, as
determined by the Public Works Director, at the time Improvement Pans are submitted
for review.
Permits
secured
18. The owner (applicant) shall seCUre all necessary permits from the City and any
other public agencies, including public and private utility providers, prior to
commencement of subdivision improvement construction. Copies of permits other than
those issued by the City shall be provided to City Engineer.
19. All recommendations of the City Geotechnical Consultant shall be adhered to.
Completed
Acknowledged
Acknowledged
Acknowledged
Acknowledged
Acknowledged
Acknowledged
This includes, but is not limited to:
a. Prior to Final Map approval the owner's (applicant's) Geotechnical Engineer
shall conduct an investigation of the property. As part of this investigation, the
consultant should characterize site geotechnical conditions and provide geotechnical
design recommendations for the proposed construction. The investigation should include,
but not necessarily be limited to, the following tasks.
The consultant shall prepare a Geotechnical Site Plan (1"= 10')
depicting slope gradients, locations of proposed improvements and
exploratory borings, and the distribution of earth materials
(alluvium, colluvium, and bedrock). In addition, the consultant shall
prepare geotechnical/geoiogic cross sections (1"= 10') depicting
existing and proposed slope profiles, the probable thickness and
extent of surgical materials, locations of exploratory boreholes and
proposed improvements, and anticipated groundwater levels.
The seismic setting of the property shall be characterized and seismic
ground motion parameters should be provided in accordance with
the 1997 Uniform Building Code for consideration by the structural
engineer in the design of the residence and retaining wails. The
consultant shall also provide estimates of anticipated total and
differential settlement.
20. Lot I shall connect a new building sewer at Chester Avenue in place of the
connection at Ten Acres Road.
21. Lot 2 shall connect a new building sewer at Via Tesoro Court.
22. .Subdivision shall connect to San Jose Water Company prior to issuance of building
or plumbing permits.
23. Per Santa Clara Valley Water District requirements, the owner shall show any
existing wells on the plans. The well(s) should be properly registered with the District
and either maintained or abandoned in accordance with District standards.
24. Applicant agrees to hold City harmless from all costs and expenses, including
attorney's fees, incurred by the City or held to be the liability of City in connection with
City's defense of its actions in any proceeding brought in an~ State or Federal Court,
challenging the City's action with respect to the applicant's project.
25. Noncompliance with any of the conditions of this use permit shall constitute a
violation of the permit. Because it is impossible to estimate damages the City could incur
due to the violation, liquidated damages of $250 shall be payable to this City per each
Acknowledged
Acknowledged
day of violation.
26. ConstFuction must be commenced within 24 months or approval will expire.
27. All applicable requirements of the State, County, City and other Governmental
entities must be met_
Section 3. The application of Nagpal for Design Review approval is hereby granted
subject to the following conditions:
Acknowledged
1. The development shall be located and constructed as shown on Exhibit "A",
incorporated by reference, and Exhibits "B" and "C" as submitted by appellants on June
30, 1999.
Acknowledged
2. Prior to submittal for Building or Grading permits, the following shall be
submitted to Planning Division staff in order to issue a Zoning Clearance:
a) A final landscapting and irrigation plan shall be submitted consistent with
the approved Exhibit "C". All landscaping and irrigation required pursuant to Exhibit "C"
shall be installed prior to final inspection.
b) Four (4) sets of complete construction plans incorporating this Resolution
as a separate plan page.
Acknowledged
c) Four (4) sets of engineered grading and drainage plans, also incorporating
this Resolution as a separate plan page.
3. All recommendations of the City Arborist Report dated 12/10/98 shall be
followed. This includes, but is not limited to:
a) Prior to issuance of a Zoning Clearance:
The Arborist Report shall be included as a separate page in the plan set and ali
applicable measures noted on the site and grading plans.
Protective chain link fencing shall be located in such a manner that it protects the
entire root unless otherwise noted. Fencing must be in place before any materials,
construction or grading equipment arrive on site and must remain in place until all
construction is completed, including cleanup operations, unless supervised by an
arborist certified by the ISA.
The tree protective platform buffer for tree #2 shall be inspected by the City
Arborist prior to construction of the new path.
Acknowledged
Acknowledged
Acknowledged
Acknowledged
Acknowledged
The applicant shall submit to the City, in a form acceptable to the Community
Development Director, security in the amount of $5,698 pursuant to the repc~rt of
the City Arborist to guarantee the preservation of trees on the property during
construction.
b) Prior to issuance of Grading and Building Permits:
· Tree protection fencing shall be inspected by the City Arborist.
· All other applicable tree protection measures shall be completed.
c) Prior to Final Inspection approval:
The City Arborist shall inspect the site to verify that the tree maintenance and
protection measures have been followed in order to determine whether the tree
protection security may be released.
· Any outstanding City Arbotist fees shall be paid.
4. All recommendations of the City Geotechnical Consultant shall be adhered to.
This includes, but is not limited to:
a) Prior to Zoning Clearance, the owner (applicant) shall pay any outstanding
fees associated with the City Geotechnical Consultant's review of the project.
b) 'Prior to issuance of a Grading Permit the project geotechnicai engineer shall
review and approve all geotechnical aspects of the detailed site development plans (i.e.,
site preparation and grading and design parameters for the proposed construction) to
ensure that his/her recommendations have been properly incorporated. The results of ·
these inspections and the as-built conditions of the project shall be described by the
geotechnical consultant in a letter and submitted to the City Engineer for review.
5. - An approved residential fire sprinkler system shall be installed in the garage per the
City of Saratoga Ordinance. The designer/architect shall contact San Jose Water
Company to determine the size of service and meter needed to meet fire suppression and
domestic requirements.
6. No structure shall be permitted in any easement.
7. All building and construction related activities shall adhere to New Development
and Construction - Best Management Practices as adopted bythe City for the purpose of
preventing storm water pollution.
8. Any new pool constructed on the property shall be subject to site modification
Acknowledged
Acknowledged
Acknowledged
Acknowledged
approval. Landscaping of the site shall substantially comply with the landscaping plan
submitted to the City Council on July 7, 1999.
9. Applicant agrees to hold City harmless from all costs and expenses, including
attorney's fees, incurred by the City or held to be the liability of City in connection with
City's defense of its actions in any proceeding brought in any State or Federal Court,
challenging the City's action with respect to the applicant's project.
l 0. Noncompliance with any of the conditions of this permit shall constitute a
violation of the permit. Because it is impossible to estimate damages the City could incur
due to the violation, liquidated damages of $250 shall be payable to this Cit)~ per each
day of the violation.
11. Construction must be commenced within 24 months or approval will expire.
12. All applicable,requirements of the State, County, City and other Governmental
entities must be met.
Passed and adopted at a regular meeting of the City Council of the City of Saratoga held
onthe 21st dayof July ,1999, bythefollowingvote:
AYES: Councilmembers Streit,
NOES: None
ABSENT: Counci lmember Baker
;d~STAINi None
ATTEST:
Mehaffey,
Vice Mayor Bogosian, Mayor Shaw
Ci~21erk
MSR:dsp
August 2, 1999
F:\WPD~MNRSWX273~RES99~AGPAL.APV
SARATOGA CITY COUNCIL
EXECUTIVE SUMMARY NO.
MEETING DATE: SEPTEMBER 20, 2000
ORIGINATING' DEPT.: PUBLIC WORKS
AGENDA ITEM
CITY MGR.:
DEPT. HEAD:
SUBJECT:
Final Map Approval for twenty-one lots located at 12312 Saratoga-Sunnyvale Road.
Owner: Classics at Azule Crossing, L.P., A California Limited Partnership
Classic Communities, Inc., A California Corporation as General Partnership
Recommended Motion(s):
· 1. Move to adopt Resolution No. 0 0- 0 4 7
No. 00-07.
amending Condition #17 of Section 2 of Resolution
2. Move to adopt Resolution No. SD 99-005 granting final map approval of Tentative Map
APplication No. SD 99-005 for twenty-one lots located at 12312 Saratoga-Sunnyvale Road.
3. Move to authorize the Mayor to execute the Subdivision Improvement Agreements.
Report ,qummary:
Attached is ResolutiOn No. SD 99-005 which, if adopted, will grant final map approval for
twenty-one lots located .at 12312 Saratoga-Sunnyvale Road. I have examined the final map and
related documents submitted to me in accordance with the provisions of Section 14.40.020 of the
Municipal Code and have determined that:
1. The final mapsubstantially complies with the approved tentative map.
All conditions of the approved tentative map, as contained in City Council Resolution No.
00-07, have been completed or will be completed concurrent with development of the twenty-
one lots.
3. The Subdivision Map Act, the City's Subdivision Ordinance and all other applicable
provisions of law have been complied with.
4. The final map is technically correct.
Consequently, the City Surveyor's certificate has been executed on the final map and the final
map has been filed with the City Clerk pursuant to Section 14.40.040 of the Municipal Code for
action by the City Council.
Additionally, the Developer has asked the City to amend Condition #17 Section 2 of Resolution
No. 00-07 requiring the owner to underground the existing overhead utilities along the Saratoga-
Sunnyvale Road frontage of the subdivision. Staff recommends waiving this condition per the
attached Resolution and in its place condition the Developer to pay $100,000 towards future
utility undergrounding along other areas of the road.
The reasons for amending this condition are as follows:
1. The overhead transmission lines carry 60,000 volts, which are normally not underground.
2. The underground conduits require complicated oil cooling and concrete casing to dissipate the
heat generated by the high voltage lines.
3. The concrete risers at both ends of the undergrounding are large and unsightly.
4. The cost of undergrounding high voltage lines are approximately 4 to 7 times higher than
lower voltage lines (see attached letter from PG&E).
5. A development fee in the amount of $100,000 is approximately 2.5 times the cost of a normal
utility udergrounding of this length and can be better utilized toward other lower voltage
utility undergrounding projects along Saratoga-Sunnyvale Road.
Fi`qcal Impact,q:
The subdivider has paid $54,968.75 in Engineering Fees, $176,985 in Park Development Fees,
and $100,000 towards future utility undergrounding along Saratoga-Sunnyvale Road required for
this subdivision.
~on`qeqnence`q of Nlot Acting an the Recommended Motion,q:
The final map must either be approved or rejected by the City Council. If the map is rejected, it
would be returned to the subdivider with findings as to why the map was rejected.
Alternative Actinn{`q):
None in addition to the above.
Follow lip Action.~:
The signed map will be released to the subdivider's Title Company for recordatiOn along with
recording instructions.
Attachment.q:
1. Site Map.
2. Tract Map.
3. Resolution No. amending tentative map.
4. Resolution No. SD 99-005 granting final map approval.
5. City Council Resolution No. 00-07 approving the tentative map with conditions.
6. Subdivision Improvement Agreements.
7. Letter from PG&E.
Applicant No./Location:
Applicant/Owner:
Staff Planner:
Date:
SD-99-005, UP-99-018, & DR-99-037; 12312 Saratoga-Sunnyvale
Road
AZULE CROSSING, INC.
Christina Ratcliffe
August 2000
386-53-001,386-53-029 Department Head:,/?~ ~}.
COX AVE~
North
12312 Saratoga-Sunnyvale Road ~. Site Map
~ 0 o
J
,\
~*;.~,~s ~n 3NY'I £S3AUYH
L~
Zo
id'<:
RESOLUTION NO. 0 0- 0 4 7
RESOLUTION OF THE CITY COUNCIL OF SARATOGA
AMENDING TENTATIVE MAP NO. SD-99-005
Azule Crossing; 12312 Saratoga-Sunnyvale Road
WHEREAS, the City Council determined, based on the recommendations of Public Works
staff, that condition//17 of Section 2 of Resolution No. 00-07 requiring the owner to underground
all existing overhead utilities along the perimeter of the subdivision fronting Saratoga-Sunnyvale
Road and Seagull Way shall be waived and replaced as follows:
The owner (applicant) shall underground all existing overhead utilities along the Seagull
Way frontage of the subdivision and shall pay the City $100,000 towards future Underground
Utility Districts formed along Saratoga-Sunnyvale Road.
PASSED AND ADOPTED by the City of Saratoga City Council, State of Califomia, this
20th day of September, 2000, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
3. Resolution No.
RESOLUTION NO. SD 99-005
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
APPROVING THE FINAL MAP OF SD 99-005
AZULE CROSSING, 12312 SARATOGA-SUNNYVALE AVENUE
The City Council of the City of Saratoga hereby resolves as
follows:
SECTION 1: ~'Twenty-one lots as shown on that certain Tract Map
prepared by Brian Kangas Foulk, dated August 2000,
and filed with the City Clerk of the City of
Saratoga on September 20, 2000, are approved as
TWENTY-ONE (21) individual lots.
SECTION 2: Ail streets and easements shown on said map and
offered for dedication to public use are hereby
rejected on behalf of the public, save and except
for public service easements;- and to the limited
extent that any offers for public street purposes
either expressly or implicitly include offers for
easements for utility purposes along or beneath said
street rights of way, then as to such express or
implied offers of easements for' public utility
purposes, the same are hereby accepted on behalf of
the public.
The above and foregoing resolution was passed and adopted by the
Saratoga City Council at a meeting held on the day of
, 20 , by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Mayor
City Clerk
4.Resolution No.
SD 99-005
RESOLUTION NO. nn-n7 ·
RESOLUTION OF THE CITY COUNCIL OF SARATOGA
APPROVING TENTATIVE MAP NO. SD-99-005
Azule Crossing; 12312 Saratoga-Sunnyvale Road
WHEREAS, pursuant to the Subdivision Map Act of the State of California and the
Subdivision Ordinance of the City of Saratoga an application was made and subsequently modified
to the City of Saratoga for Tentative Map approval of 20 residential lots plus one private s~'eet and
one commercial lot, all as more particUlarly set forth in File No. SD-99-005 of this City per the
revised exhibit marked "Exhibit A" and presented at the City Council meeting of February 2, 2000;
and
WHEREAS, following consideration and approval of the subdivision by the Advisory
Agency on November 10, 1999, review of that decision was initiated by the City Council of the
City of Saratoga in accordance with section 2-05.030 of the Saratoga City Code; and
WHEREAS, the City Council conducted a de novo public hearing on the matter at which
time any person interested in the matter was given the full opportunity to be heard and to present
evidence on December 15, 1999 and considered and denied the proposed subdivision following said
hearing and voted on January 5, 2000, pursuant to section 2-10.110(f)(2) of the Saratoga City Code,
to.reconsider said denial on January 19, 2000;· and
WHEREAS, the City Council conducted further public hearings regarding the proposed
subdivision on January 19, 2000 and February 2, 2000; and
WHEREAS, the City Council considered various modifications to the proposed
subdivision proposed by the applicant in plans submitted February 2, 2000 showing 20 residential
lots plus one private street and one commercial lot, all as more particularly set forth in File No. SD-
99-005 of this City; and
WHEREAS, the City Council revieWed and considered the staff report, minutes of
proceedings conducted by the Planning Commission relating to the application, and all written and
oral evidence presented to the City Council in support of and in opposition to the application.
WHEREAS, the City Council has heretofore received and adopted the environmental
Negative Declaration prepared for this project in accord with the currently applicable provisions of
CEQA; and
WHEREAS, the Advisory Agency and the City Council have conducted duly noticed
public hearings in connection with this matter at which time all interested parties were given a full
opportunity to be heard and to present evidence.
City Council
5. Res. No. 00-07
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Saratoga, as follows:
Section 1. After careful consideration of the matter, the City Council hereby finds that:
The proposed subdivision as modified (all subsequent references to the proposed
subdivision refer to the proposed subdivision as modified February 2, 2000), together with
the' provisions for its design and improvement, is consistent with the Saratoga General Plan
and with all specific plans relating thereto; and the proposed subdivision and land use are
compatible with the objectives, policies and general land use and programs specified in such
General Plan, reference to the staff report dated October 27, 1999, Memorandum dated
November 10, 1999, and staff report dated February 2, 2000 being hereby made for further
particulars; and
None of the conditions set forth in Subsections (a) through (g) of Government Code Section
66474 exist with respect to said subdivision, and tentative approval should be granted in
accord with conditions as hereinafter set forth.
Section 2. The Tentative Map for the hereinafter described subdivision, which map is dated'
February 2, 2000 and is marked Exhibit "A" with revisions, in the herein above referred file, be and
the same is hereby conditionally approved. The conditions of said approval are as follows:
Completed 1.
Map Submitted 2.
Prior to submittal of the Final Map to the City Engineer for examination, the owner
(applicant) shall cause the property to be surveyed by a Licensed l_and Surveyor or an
authorized Civil Engineer. The submitted map shall show the existence of a monument at
all external property comer locations, either found or set. The submitted map shall also
show monuments set at each new comer location, angle point, or as directed by the City
Engineer, all in conformity with the Subdivision Map Act and the Professional Land
Surveyors Act.
The owner (applicant) shall submit four (4) copies of a Final Map in substantial
conformance with the approved Tentative Map, along with the additional documents
required by Section 14-40.020 of the Municipal Code, to the City Engineer for examination.
The Final Map shall contain all of the information required in Section 14-40.030 of the
Municipal Code and shall be accompanied by the following items:
One copy of map checking calculations.
Preliminary Title Report for the property dated within
90 days of the date of submittal for the Final Map.
c. One copy of each map referenced on the Final Map.
d. One copy of each document/deed referenced on the Final Map.
2
Fees paid 3.
Bond posted 4.
Provided on
Final Map
Plans submitted
N/A - bus stop moved ~
north of Seagull Way
Shown on improvement b.
plans
Shown on imProvement
plans
Shown on improvement
plans
Fees paid 7.
Improvement_
Agreements signed
by owners
e. One coPY of any other map, document, deed, easement or other resource that will
facilitate the examination process as requested by the City Engineer.
The owner (applicant) shall pay a Map Checking fee, as determined by the City Engineer, at
the time of submittal of the Final Map for examination~
Interior monuments shall be set at each lot comer either prior to recordation of the Final
Map or some later date to be specified on the Final MaP. If the owner (applicant) chooses to
defer the setting of interior monuments to a specified later date, then sufficient security as
determined by the City Engineer shall be furnished prior to Final Map approval, to
guarantee the setting of interior monuments.
The owner (applicant) shall provide Irrevocable Offers of Dedication for all required
easements and/or fights-of-my on the Final Map, in substantial conformance with the
approved Tentative Map, prior to Final Map approval.
The owner (applicant) shall submit engineered improvement plans to the City Engineer in
conformance with the approved Tentative Map and in. accordance with the design and
improvement requirements of Chapter 14 of the Municipal Code. The improvement plans
shall be reviewed and approved by the City Engineer and the appropriate officials from
other public agencies having jurisdictional authority, including public and private utility
providers, prior to approval of the_Final Map. The following specific conditions shall be
included on the improvement plans:
Saratoga-Sunnyvale Road shall be widened as required to provide a 42 foot minimum
wide paved half smut
Appropriate traffic control.measures shall be included in the improvement plans for the
purposes of limiting commercial development ingress and egress onto Saratoga-
Sunnyvale Road to right turn only.'
Seagull Way shall be overlaid with 1.5" of Asphalt Concrete from Saratoga-Sunnyvale
Road to Zorka Avenue.
cl. Existing cUrb, gutter, and sidewalk along Saratoga-Sunnyvale Road and Seagull Way
within the limits of the subdivision shall be replaced as deemed necessary in the field by
the Public Works Inspector. - '
The owner (applicant) shall pay a Subdivision .Improvement Plan Checking fee, as
determined by the Public Works Director, at the time Improvement Plans are submitted for
review.
The owner (applicant) shall enter into an Improvement Agreement with the City in
· accordance with Section 14-60.010 of the Municipal Code prior to Final Map approval.
Securities
furnished
Proof of
insurance provided
Provided
Acknowledged
F~es paid
N/A - under
5 acres
Acknowledged
Bond deposited
Amended, see
Resolution No.
Acknowledged
10.
11.
12.
13.
14.
15.
16.
17.
18.
The owner (applican0 shall furnish Improvement Securities in accordance with Section 14-
60.020 of the Municipal Code in the manner and amounts determined by the Public Works
Director prior to Final Map approval.
The owner (applicant) shall furnish a written indemnity agreement and proof of insurance
coverage, in accordance with Section 14-05.050 of the Municipal Code, prior to Final Map
approval.
Prior to Final Map approval, the owner (applicant) shall furnish the City Engineer with
satisfactory written commitments from ali public and private utility providers serving the
subdivision guaranteeing the completion of all required utility improvements to serve the
subdivision.
The owner (applicant) shall secure all necessary l~rmits.~m the City and any other public
agencies, including public and private utility providers, prior to commencement of subdivi-
sion improvement conslxuction- Copies of permits other than those issued by the City shall
be provided to City Engineer.
The owner (applicant) shall pay the applicable Park and Recreation fee prior to Final Map
approval.
Prior to approval of the Final Map, the applicant shall file a Notice of Intent (NOD with the
Regional Water Quality Control Board to obtain coverage under the State General
Construction Activity NPDES Permit. Satisfactory evidence of thc filing of the NOI shall
be furnished to the City Enginear.
All building and construction related activities shall adhere to New Development and
Construction - Best Mana~eaiem Practices as adopted by the City for the purpose of
preventing storm water pollution.
Applicant shall deposit a $65,000 cash bond with the City prior to Final Map approval for
funding of one-half the cost of the design and installation of the warranted traffic signal at
the intersection of Saratoga-Sunnyvale Road and Seagull Way. ff the cost of one-half the
design and installation is less than $65,000, thc difference will be refunded. If the cost of
one half the design and installation is greater than $65,000, applicant will not be required to
make any additional contribution.
The owner (applicant) shall underground ali existing overhead utilities along the
perimeter of the subdivision fxonting Saxatoga-Sunnyvale Road and Seagull Way.
The owner (applicant) shall install three (3) f~re hydrants at locations to be determined
jointly by the Fire Department and the San Jose Water Company. MaxImum spacing slaall
be 250 feet, with a minimum single hydrant flow of 1500 GPM at 20 psi, residual. If
hydrants exist, reflect their location on the civil drawing included with the building permit
submittal. Required fees to be paid ASAP to prevent engineering delays. Prior to design the
Acknowledged 19.
Acknowledged 20.
Acknowledged
21.
Acknowledged
Acknowledged
Acknowledged
project civil engineer shall meet with the fire departmem water supply officer to jointly spot
the hydrant locations.
Required Fire Service and Fire Hydrant installations shall be installed tested and accepted
by the Fire Department, prior to the start of framing. Bulk conslxuction materials shall not
be delivered to the site until installations are completed as stated above. Building permit
issuance may be withheld until installations are completed.
Prior to project final inspection, the general contractor shall ensure that a "Blue dot" has
been placed in the roadway as a Fire Hydrant Location Identifier, as directed by the Fire
Department.
Fire access roads shall be paved in all weather surface with a minimum unobstructed width
of 20 feet vertical clearance of 13 feet 6 inches, minimum circulating taming radius of 36
feet outside and 23 feet inside. Installations shall conform with Fire Department Standard
Details and Specifications A-1.
22. The required width of fire access roadways shall not be obstructed in any manner. Parking
shall not be allowed along roadways less than 28 feet in .width. Parking will be allowed
along one side of the street for roadways 28-35 feet in width. For roadways equal to or
greater than 36 feet parking will be allowed on both sides of the roadway. Roadway widths
shall be measured face to face of curb. Parking spaces are based on an eight foot wide
space.
23. Required drivewaYs and/or access maris up through first lift of asphalt shall be inspected and
accepted by the Fire Department prior to the start of construction. Bulk combustible
materials shall not be delivered to the site until installations are completed as stated above.
Building permit issuance may be withheld until installations are completed.
24. Provide marking for all roadways within the project. Markings shall be per Fire Deparunent
specifications. Installations shall also conform to Local government Standards and Fire
Department Standard Details and Specifications A-6.
#25 & #26 25.
N/A-Bus stop moved
north of Seagull Way.
Bond deposited 26.
The applicant shall install a PCC bus stop pavement pad (9' by 50') for the length of the bus
stop consistent with FT/t Bus Stop Pavement Details (Figure 26 and Technical
Specification)
The existing 5-foot wide sidewalk should be widened to 10 feet along South Saratoga-
Sunnyvale Road for the area between the intersection Saratoga-Sunnyvale Road/Seagul!
Way and approximately 12 feet past the existing tree in the sidewalk. An area o
approximately 3 feet on either side of the tree can be left unpaved in order to provid
adequate space for the tree. This should result in a continuous concrete area of about 20 fe
north of the tree and another area about 9 feet south of the tree. This should allow suffici{
space for a passenger waiting area for both doors of the bus.
Acknowledged 27.
Easement Agreement28.
Provided
Acknowledged
29.
Acknowledged 30.
Acknowledged
31.
ged 32.
A wheelchair curb ramp at the intersection of South Saratoga-Sunnyvale Road and Seagull
Way shall be installed in compliance with the Americans with Disabilities Act (ADA)
pedestrian access standards. A pedestrian signal phase and a crosswalk should also be
considered for this intersection.
Acknowledged
The applicant shall pwvide the City with evidence of an easemem agreement between the
property owner and the Southern Pacific Railroad for the continued use of the Railroad
property now being used as on site parking.
Subdivision construction hours shall be restricted between 7:30 a.m. and 6:00 p.m., Monday
through Friday, except in the event of an emergency which imperils the public safety. The
City Engineer may grant an exemption upon his/her determination of an emergency. No
construction work shall be permitted on legal holidays.
The owner (applicant) shall, upon the City's request, defend, indemnify and hold the City
and its officers, officials, boards, commissions, employees and volunteers harmless from
and against any claim, action or proceeding to attack, set aside, void or annul this approval,
or any of the proceedings, acts or determinations taken, done or made prior to such approval,
which is brought within the time specified in Sec. 14-85.060 of the Mtmicipal Code. If a
defense is requested, the City shall give prompt notice to the applicant of any such claim,
action or proceeding, and shall cooperate fully in the defense thereof. Nothing herein shall
prevent the City from participating in the defense, but in such event, the City shall pay its
own attorney% fees and costs.
Noncompliance with any of the conditions of this permit shall constitute a violation of the
permit. Because it is impossible to estimate damages the City could inCUr due to the
violation, liquidated damages of $250 shall be payable to this City per each day of the
violation.
All applicable requirements of the State, County, City and other Governmental entities must
be met.
Section 3.
this approval will expire.
/
/
/
/
/
/
/
/
/
/
/
All of the foregoing Conditions must be completed within twenty-foUr (24) months or
PASSED AND ADOPTED by the City Council of the City of Saratoga, State of California,
this 164 day of February, 2000, by the following vote:
AYES: Councilmembers Waltonsmith,
NOES: None
ABSENT: Vice Mayor Mehaffey
~STAIN: None
Baker,
Mayor
Streit, Mayor Bogosian
ATTEST:
City Clerk
1
CONTRACT FOR THE IMPROVEM~NT OF SD 99-005
AGREEMENT, made and entered into this day of
__2000, by and between the CITY OF SARATOGA, a Municipal
corporation of the State of California, hereinafter called
"City", and Azule Crossinq, A California Corporation Subdivider
and Owner, hereinafter collectively called Subdivider:
WI TNE SETH:
WHEREAS, Subdivider is engaged in subdividing that certain
tract of land known and designated as 12312 Saratoga-Sunnyvale
Road situated in the City of Saratoga, County of Santa Clara,
State of California; and
WHEREAS, a final map of SD 99-005 has been filed with the
City Clerk of the City of Saratoga for presentation to the Council
for its approval, which map is hereby referred to and by Said
reference incorporated herein; and
WHEREAS, Owner and Subdivider has requested approval of said
final map prior to the completion of improvements of all streets,
highways or public ways and sewer facilities which are a part of
or appurtenant to the abovementioned subdivision, including, but
without limiting the foregoing, the necessary paving, catch
basins, pipes, culverts, storm drains, sanitary sewers where
required, street trees and street signs where required, and
including a water system and fire hydrants acceptable to the San
Jose Water Works and the City of Saratoga, all in accordance with
and as required by the plans and specifications for all of said
improvements in or appurtenant to said subdivision, which plans
and specifications were prepared by Brian Kangas Foulk , Civil
Engineer, approved by the City Engineer and now on file in the
offices of the Clerk of said City and/or the City Engineer's
Office of said City, and
6.Subdivision
Impr. Agrmt~
2
WHEREAS, the City Council of said City did on the
day of , 2000, adopt a Resolution approving said
Final Map, rejecting certain dedications therein offered which
rejection did not and does not, however, revoke the offers of
dedication therein contained and requiring as a condition
· precedent to the future acceptance of said offers of dedication
that the Subdivider improve the streets and easements thereon
shown in accord with the standards of the City's Subdivision
Ordinance, as amended, of the City of Saratoga and in accord with
the improvement plans and specifications on file as hereinabove
referred to, and requiring as a condition precedent to the release
of said final map for recordation that the Subdivider agree in
writing to.so improve said streets and easements' in accord with
this agreement,
NOW, THEREFORE, in consideration of the above and in
consideration of the City accepting all of said dedications after
the hereinafter agreed to covenants on the part of the Owner and
Subdivider have been complied with and in accord with Government
Code Section 66462(a) of the State of California, it is hereby
agreed as follows:
1. Subdivider at this cost and expense shall construct all
of the improvements and do all of the work hereinafter mentioned,
all in accordance with and to the extent and as provided in the
above mentioned plans and specif~ications on file in the office of
said City, for the construction of said improvements, in, for, or
appurtenant to said subdivision, and all in compliance with the
City's Subdivision Ordinance as amended and the laws of the State
of California, and shall complete the same within one year from
date hereof and shall maintain the same .for a period of at least
one year after the satisfactory completion of the same.
2. Subdivider shall, before the release of said final map by
City and as condition precedent to recordation thereof, furnish to
the City and file with the City Clerk a good and sufficient surety
bond or bonds, money or negotiable bonds, in form to be approved
by the City Attorney, securing the faithful performance by
Subdivider of all work and the construction of all improvements
herein in this Agreement mentioned within time specified, and
securing the faithful performance by Subdivider of the maintenance
of said improvements for a period of at least one year after
completion of the same, and for such additional period of time as
may be necessary in order that Subdivider may cure and correct all
deficiencies of construction to the satisfaction of the City
Engineer of the City of Saratoga (in additiOn to said bond at
least 10% ($9,720.00) of said bond to be in cash, with the right
of City to use the same in its discretion for emergency
maintenance and repairs in addition to any other rights of use)
the amount of said bond to be in the sum of $97,200.00; and also a
good and sufficient surety bond in form to be approved by the City
Attorney securing the payment by Subdivider of all bills for labor
and materials incurred in the construction of any and all of said
improvements, and the doing of all other work herein agreed to be
done by the said Subdivider, the amount of said bond to be Ninety
Seven Thousand Two Hundred Dollars ($97,200.00).
3. Subdivider does hereby expressly agree to indemnify and
hold harmless the City and in their capacity as such, its
councilmen, officers, boards, commissions and its employees, from
any and all loss or damage, and from any and all liability for any
and all loss or damage, and from any and all suits, actions,
damages, or claims filed or brought by any and all person or
persons because of or resulting from the doing by Subdivider or
any and all things required of Subdivider by this contract, or
because of or arising or resulting from the failure or omission by
Subdivider to do any and all things necessary to and required by
this contract or by law, or arising or resulting from the
negligent doing by Subdivider, his agents, employees or
subcontractors of any and all things required to be done by this
contract, or arising or resulting from any dangerous or defective
condition arising or resulting from any of the above said acts or
omissions of Subdivider, his agents, subcontractors, or employees.
Subdivider having heretofore certified,' by the certificate 'upon
the abovementioned subdivision map, that he can convey clear title
to the land within said subdivision, and City having relied upon
said certificate and the representation contained therein, the
foregoing provisions of this paragraph are specifically made to
apply to any destruction or damage to or removal of utilities,
water lines or pipe lines of any kinds, and any other improvement,
whether said destruction, damage or removal is required or caused
by the plans or specifications or by direction of an officer,
agent or employee of the City.
4. Subdivider shall, before the release of said final map
by the City, and as a condition precedent to the recordation
thereof, furnish to the City and file with the City Clerk
certificates or policies of public liability and property damage
insurance in form satisfactory to the City Attorney, and
Subdivider shall at all times during the entire term of this
agreement maintain the same in full force and effect, which
policies shall insure the City of Saratoga, its Councilmen,
officers, boards, commissions, and employees against loss or
liability for bodily injury and property damages arising or
resulting from Subdivider's operations and activities in the
construction of any and all improvements mentioned in this
agreement and the doing of any and all work mentioned in this
agreement, within or outside the abovementioned subdivision,
and/or arising or resulting from the doing or failure of
Subdivider to do all things required to be done pursuant to this
agreement. Said policies of insurance shall cover bodily injury
and property damage on both an accident and occurrence basis, with
completed operations coverage for one (1) year after completion
and acceptance, of improvements, and shall be in amounts of not
less than ONE MILLION DOLLARS ($1,000,000.00) for each person, ONE
MILLION DOLLARS ($1,000,000.00) for each accident or occurrence
and property damage coverage of ONE-HUNDRED THOUSAND DOLLARS
($100,000.00) for each accident or occurrence and property damage
coverage of ONE-HUNDRED THOUSAND DOLLARS ($100,000'.00) for each
accident or occurrence. Said policies of insurance shall in
addition contain the following endorsement: "Other insurance -
the coverage afforded by this insurance shall be primary coverage
to.the full limits of liability stated in the declarations. If
the assured has other insurance against the loss covered by this
policy, that other insurance shall be excess insurance only, after
the entire face value of this policy shall have been exhausted by
payment."
5. In consideration of City allowing Subdivider to connect
said subdivision to certain existing or proposed out-of-tract
storm sewer lines, and in consideration of City relieving
Subdivider of any obligation which City might legally impose on
Subdivider to acquire any right-of-way for, and/or to construct,
any out-of-tract storm sewer drainage pipe lines and appurtenances
which might reasonably be necessary to drain said subdivision and
carry storm waters from said subdivision to natural drains,
Subdivider shall, before the release of said final map by City and
as a condition precedent to the recordation thereof, pay the City
the sum of Zero dollars ($ 0 ).
6. In consideration of City agreeing to accept, in accord
with this agreement, the in-tract storm drain lines and facilities
constructed or to be constructed by Subdivider within or outside
of said subdivision in accord with the plans and specifications
now on file with the City offices, including the streets and other
easements in or beneath which said facilities lie, Subdivider
shall, before the release of said final map by City and as a
condition precedent to the recordation thereof, pay the City the
sum of Zero Dollars ($ 0 ).
7. Subdivider shall, before the release of said final map by
the City and as a condition precedent to the recordation thereof,
6
pay to the City the sum of Eiqht Thousand Seven Hundred Forty
Five Dollars ($ 8,745.00) to be applied by City to the payment of
expenses to be incurred by City for engineering and inspection
services to be performed by the City in connection with said
'subdivision.
8. Upon Subdivider completing in accord with this agreement
all of the improvements to be made and done by said Subdivider as
hereinabove set forth and as shown on the plans and specifications
on file as hereinabove referred to, and upon Subdivider having
properly maintained the same for a period of at least one year
after the completion of said improvements as hereinabove
specified, and upon the Subdivider complying with all covenants
and conditions on his or its part to be done and performed in
accord with the within agreement, then and in that event, City
agrees to rescind its rejection of the offers of dedication of
streets and storm drain easements contained on the aforesaid final
map, and at that time accept said offers of dedication.
9. Should the Subdivider and Owner hereinabove referred to
not be the same person, firm or corporation, then this agreement
shall only be effective upon both the Subdivider and the Owner
separately executing the same, and wherever the term Subdivider is
used, the same shall include Owner and wherever ~the term Owner is
used, the same shall indlude Subdivider.
10. This agreement Shall-be binding upon the heirs, personal
representatives and asSigns of Subdivider and Owner, and time is
of the essence hereof, Save and except that the City Council of
the City of Saratoga may, but need not, extend any time or times
for the doing or performing of any acts as required under the
terms of this agreement by resolution, if in the opinion of the
City Council any such delay is without fault on the part of the
Subdivider and Owner.
Execution of the within agreement by the Owner or Subdivider
shall constitute an irrevocable authorization to City to insert
the date of passage of the Council resolution approving the final
7
map, and to insert the date of this agreement as of the date of
such resolution.
IN WITNESS WHEREOF, the parties hereto have set their hand
the day and year first above written.
CITY OF SARATOGA, a Municipal Corporation
ATTEST:
By:
Mayor
City Clerk
APPROVED AS TO FORM:
City Attorney
Subdfvi'der
(Owner, if different
Subdivider)
from
CONTRACT FOR THE IMPROVEMENT OF SD 99-005
AGREEMENT, made and entered into this day of
2000, by and between the CITY OF SARATOGA, a Municipal
corporation of the State of California, hereinafter called
"City", and Classics at Azule Crossinq L. P. Subdivider and
Owner, hereinafter collectively called Subdivider:
WI TNE SETH:
WHEREAS, Subdivider is engaged in subdividing that certain
tract of land known and designated as 12312 Saratoqa-Sunnyvale
Road situated in the City of Saratoga, County of Santa Clara,
State of California; and
WHEREAS, a final map of SD 99-005 has been filed with the
City Clerk of the City of Saratoga for presentation to the Council
for its approval,~ which map is hereby referred to and by said
reference incorporated herein; and
WHEREAS, Owner and Subdivider has requested approval of said
final map prior to the completion of improvements of all streets,
highways or public ways and sewer facilities which are a part of
or appurtenant to the abovementioned subdivision, including, but
without limiting the foregoing, the necessary paving, catch
basins, pipes, culverts, storm drains, sanitary sewers where
required, street trees and street signs where required, and
including a water system and fire hydrants acceptable to the San
Jose water Works and the City of Saratoga, all in accordance with
and as required by the plans and specifications for all of said
improvements in or appurtenant to said subdivision, which plans
and specifications were prepared by Brian Kanqas Foulk , Civil
Engineer, approved by~ the City .Engineer and now on file in the
offices of the Clerk of said City and/or the City Engineer's
Office of said City, and
2
WHEREAS, the City Council of said City did on the
day of , 2000, adopt a Resolution approving said
Final Map, rejecting certain dedications therein offered which
rejection did not and does not, however, revoke the offers of
dedication therein contained and requiring as a condition
precedent to the future acceptance of said offers of dedication
that the Subdivider improve the streets and easements thereon
shown in accord with the standards of the City's Subdivision
Ordinance, as amended, of the City of Saratoga and in accord with
the improvement plans and specifications on file as hereinabove
referred to, and requiring as a condition precedent to the release
of said final map for recordation that the Subdivider agree in
writing to so improve said streets and easements in accord with
this agreement,
NOW, THEREFORE, in consideration of~ the above and in
c~nsideration of the City accepting all of said dedications after
the hereinafter agreed to covenants on the part of the Owner and
Subdivider have been complied with and in accord with Government
Code Section 66462(a) of the State of California, it is hereby
agreed as follows:
1. Subdivider at this cost and expense shall construct all
of the improvements and do all of the work hereinafter mentioned,
all in accordance with and to the extent and as provided in the
above mentioned plans and specifications on file in the office of
said City, for the construction of said improvements, in, for, or
appurtenant to said subdivision, and all in compliance with the
City's Subdivision Ordinance as amended and the laws of the State
of California, and shall complete the same within one year from
date hereof and shall maintain the same for a period of at least
one year after the Satisfactory completion of the same.
2. Subdivider shall, before the release of said final map by
City and as condition precedent to recordation thereof, furnish to
the City and file with the City Clerk a good and sufficient surety
· bond or bonds, money or negotiable bonds, in form to be approved
by the City Attorney, securing the faithful performance by
Subdivider of all work and the construction of all improvements
herein in this Agreement mentioned within time specified, 'and
securing the faithful performance by Subdivider of the maintenance
of said improvements for a period of at least one year after
completion of the same, and for such additional period of time as
may be necessary in order that Subdivider may cure and correct all
deficiencies of construction to the satisfaction of the City
Engineer of the City of Saratoga (in addition to said bond at
least 10% ($35,825.00) of said bond to be in cash, with the right
of City to use the same in its discretion for emergency
maintenance and repairs in addition to any other rights of use)
the amount of said bond to be' in the sum of- $358,250.00; and also
a good and sufficient surety bond in form to be approved by the
City Attorney securing the payment by Subdivider of all bills for
labor and materials incurred in the construction 8f any and all of
said improvements, and the doing of all other work herein agreed
to be done by the said Subdivider, the amount of said bond to be
Three Hundred Fifty Eight Thousand Two Hundred Fifty Dollars
($358,250.00) .
3. Subdivider does hereby expressly agree 'to indemnify and
hold harmless the City and in their capacity as such, its
councilmen, officers, boards, commissions and its employees, from
any and all loss or damage, and from any and all liability for any
and all loss or damage, and from any and all suits, actions,
damages, 'or claims filed or brought by any and all .person or
persons ~because of or resulting from the doing by Subdivider or
any and all things required of Subdivider-.by this contract, or
because of or arising or resulting from the failure or omission by
Subdivider to do any and all things necessary to and required by
this contract or by law, or arising or resulting from the
negligent doing by Subdivider, his agents, employees or
4
subcontractors of any and all things required to be done by this
contract, or arising or resulting from any dangerous or defective
condition arising or resulting from any of the above said acts or
omissions of Subdivider, his agents, subcontractors,' or employees.
Subdivider having heretofore certified, by the certificate upon
the abovementioned subdivision map, that he can convey clear title
to the land within said subdivision, and City having relied upon
said certificate and the representation contained therein, the
foregoing provisions of this paragraph are specifically made to
apply to any destruction or damage to or removal of utilities,
water lines or pipe lines of any kinds, and any other improvement,
whether said destruction, damage or removal is required or caused
by the plans or specifications or by direction of an officer,
agent or employee of the City.
4. Subdivider shall, before the release of said final map
by-the City, and as a condition precedent to the recordation
thereof, furnish to the City and file with the City Clerk
certificates or policies of public liability and property damage
insurance in form satisfactory' to the City Attorney, and
Subdivider shall at all times during the entire term of this
agreement maintain the same in full force and effect, which
policies shall insure the City of Saratoga, its Councilmen,
officers, boards, commissions and employees against loss or
liability for bodily injury and property damages arising or
resulting from Subdivider's operations and activities in the
construction of any and all improvements mentioned in this
agreement and the doing of any and all work mentioned in this
agreement, within or 'outside the abovementioned subdivision,
and/or arising or resulting from the doing or failure of
Subdivider to do all things required to be done pursuant to this
agreement. Said policies of insurance shall cover bodily injury
and property damage on both an accident and occurrence basis, with
completed operations coverage-for one (1) year after completion
and acceptance of improvements, and shall be in amounts of not
less than ONE MILLION DOLLARS ($t,000,000.00) for each person, ONE
MILLION DOLLARS ($t,000,000.00) for each accident or occurrence
and property damage coverage of ONE-HUNDRED THOUSAND DOLLARS
($100,000.00) for each accident or occurrence and p~operty damage
coverage of ONE-HUNDRED .THOUSAND DOLLARS ($100,000.00) for each
accident or occurrence. Said policies of insurance shall in
addition contain the following endorsement: "Other insurance -
the coverage afforded by this insurance shall be primary coverage
to the full limits of liability stated in the declarations. If
the assured has other insurance against the loss covered by this
policy, that other insurance shall be excess insurance only, after
the entire face value of this policy shall have been exhausted by
payment."
5. In consideration of City allowing.Subdivider to connect
said subdivision to certain existing or proposed out-of-tract
storm sewer lines, and in consideration of City relieving
Subdivider of any obligation which City might legally impose on
Subdivider to acquire any right-of-way for, and/or to construct,
any out-of-tract:storm sewer drainage pipe lines and appurtenances
which might reasonably be necessary to drain said subdivision and
carry storm waters from said subdivision to .natural drains,
Subdivider shall, before the release of said final map by City and
as a condition precedent to the recordation .thereof, pay the City
the sum of Zero dollars ($ 0 ).
6. .In consideration of City agreeing to accept, in accord
with this agreement, the in-tract storm drain lines and facilities
constructed or~ to be constructed by Subdivider within or outside
of said subdivision in accord with the plans and specifications
now on file with the City offices, including the streets and other
easements in or beneath which said facilities lie, Subdivider
shall, before the release of said final map by City and as a
condition precedent to the recordation thereof, pay the City the
sum of Zero Dollars ($ 0 ).
7. Subdivider shall, before the release of said final map by
the City and as a condition precedent to the recordation thereof,
pay to the City the sum of Thirty Six Thousand Seven Hundred
Forty Two Dollars and Fifty Cents ($ 36,742.50) to be applied by
City to the payment of expenses to be incurred by City for
engineering and 'inspection services to be performed by the City in
connection with said subdivision.
8. Upon Subdivider completing in accord with this agreement
all of the improvements to be made and done by said Subdivider as
hereinabove set forth and as shown on the plans and specifications
on file as hereinabove referred to, and upon Subdivider having
properly maintained the same for a period of at least .one year
after the completion of said improvements as hereinabove
specified, and upon the Subdivider complying with all covenants
and conditions on his or its part to be done and performed in
accord with the within agreement, then and in that event, City
agrees to rescind its rejection of the offers of dedication of
streets and storm drain easements contained on the aforesaid final
map, and at that time accept said offers of dedication.
9. Should the Subdivider and Owner hereinabove referred to
not be the same person, firm or corporation, then this agreement
shall only be effective upon both the Subdivider and the Owner
separately executing the same, and wherever the term Subdivider is
used, the same shall include Owner and wherever the term Owner is
used, the same shall include Subdivider.
10. This agreement shall be binding upon the heirs, personal
representatives and assigns of Subdivider and Owner, and time is
of the essence hereof, save and except that the City Council of
the City of Saratoga may, but need not, extend any time or times
for the doing or performing of any acts as required under the
terms of this agreement by resolution, if in the opinion of the
City Council any such delay is without fault on the part of the
Subdivider and Owner.
Execution of the within agreement by the Owner or Subdivider
shall constitute an irrevocable authorization to City to insert
the date of passage of the Council resolution approving the final
map, and to insert the date of this agreement as of the date of
such resolution.
IN WITNESS WHEREOF, the parties hereto have set their hand
the day and year first above written.
CITY OF SARATOGA, a Municipal Corporation
ATTEST:
By:
Mayor
City Clerk
APPROVED AS TO FORM:
City Attorney
By:
Subdivider
By:
(Owner, if different
Subdivider).
from
Ctassi.c~,', ,~ ~unities
A'~.N:'.'?,~ ~rawoski
'1068.'Ea~ ~ow Circle
Pa[~> ~l~:~i.. ~94303
Re:. Cia~,{of Saratoga, Saratoga-Sunnyvale Road & Seagull Way
., .. :.;,.?<.,
Dear Mr.~.~3ski:
·" ',,;il
This le.tte~,'"; ' ' · · .
our Sta'R~ ~ractice and you are advised that we will not be held to this as an actual
estima~6.'"';'~ ~.~ determination was compiled from similar estimates.
Theref~e;,~'.estimated that the work could ran e from $175,000
: . ...:.',;~.,., g to $300,000.00. This
does not.[~e telephone or cable facilities.
'The's~ork would be to underground 2 prima~ 60 kV circuits ~ 300'. Requi~ng
co~Ct~~sement as well as needing to be oil cooled. This type of work is ve~
.~e~'iy~..would affect many customers tied to these overhead lines feeding the City of
PG&.E d~'S ~t recommend the undergrounding of these facilities based on the
mainteh~ ~spects and any fu~her requirements to relocate these facilities under the
FranchiS~[~ ~ements with the City of 'Saratoga,
, ,.'.:;;'~.. ~,:
Sin cer'el~:/"~.,,,_L_---~'"' :~,,'i :'
CHA RL}E,'/~GHO LM
. Service. ~g Supervisor
'..~:,~:.,
· _-,., ,.¥-~. ,,
· '¢;? ....
· . ' ,;r , -
I{:;.~00 Nor Ih I:llaney ,},virtue
PG & E
Letter
SARATOGA CITY COUNCIL
MEETING DATE: September 20, 2000 AGENDA ITEM: ~-~ ~
ORIGINATING D~EPT: Administrative Services CITY MANAGER:
PREPARED BY:..]/]/], ~.0~/4 ~)~/~/~ DEPT HEAD:~/~L/~ ~/{ ~~4''~'
SUBJECT: Independent Contractor Agreement for Project Management and
Construction Management Services for the Library Expansion and Renovation
Project
RECOMMENDED ACTION(S):
Approve the Independent Contractor Agreement with Gilbane Building Company for project
management and construction management services for the Saratoga Community Library
expansion and renovation project.
REPORT SUMMARY:
On June 7, 2000, the City Council approved a Request for Proposal (RFP) to solicit proposals
from project management and construction management firms to assist and advise the City in the
planning, design and construction of the Saratoga Community Library expansion and renovation
project. The project manager will act as the City's agent in implementing schedules, budgets and
procedures during the design phase of this project. The construction manager will monitor and
coordinate the work of the contractors and design team during the construction phase of the
project.
The RFP was distributed on June 8 to twelve qualified project management/construction
management firms in the area, as well as to six professional newsletters and journals for the
construction industry. Four proposals were received by the City in response to the RFP by the
June 28 deadline. The Library Expansion Committee, after thoroughly reviewing the proposals
and performing reference checks, selected two firms to be interviewed. The interviews were
conducted on July 13 by the Library Expansion Committee, with follow-up interviews on July
14. The Library Expansion Committee unanimously selected the Gilbane Building Company
project management/construction management firm at their July 17 meeting, with the direction
that the City Manager and the Administrative Services Director negotiate a contract with Gilbane
Building Company.
At their meeting on July 26, the Citizens Oversight Committee reviewed the process for
interviewing and selecting the Gilbane Building Company firm, as well as the terms of the
AgreeCe,,~ which was negotiated with Gilbane Building Company. The Committee agreed with
the se~i~'fi_on of the firm and the terms of the Agreement. The
Committee
also
had
the
oppo~Xt~-'? to meet with representatives of Gilbane Building Company 'at their August 15
meeting, and confirmed their recommendation to move the selection of Gilbane Building
Company forward to the City Council. .~
Attached for your review is the Independent Contractor Agreement between the City and Gilbane
Building Company. The City Attorney has reviewed the Agreement, and his comments have
been incorporated. The Agreement is for an amount not to exceed $752,000. This includes the
services of a project manager and/or a construction manager during the life of the Library
project, beginning immediately and continuing until when the project is completed in October
2002.
FISCAL IMPACTS:
The Agreement is for an amount not to exceed $752,000. Previous to the Library bond being
sold, the General Fund will carry the cost for these services, and will be reimbursed from the
Library bond proceeds once the bond is sold.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S):
The City will be without professional project management services to assist with the design
phase of the Library project.
ALTERNATIVE ACTION(S):
Direct staff to remm on October 4 with a revised contract.
FOLLOW UP ACTION(S):
Distribute the Agreement to Gilbane Building Company, and begin the Library expansion and
renovation project.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Nothing additional.
ATTACHMENTS:
Attachment A - Independent Contractor Agreement with Gilbane Building Company for Project
Management and Construction Management Services
CITY OF SARATOGA
STANDARD
INDEPENDENT CONTRACTOR AGREEMENT
THIS AGREEMENT. is made at Saratoga, California by and between the CITY OF
SARATOGA, a municipal corporation ("City" or "Owners"), and Gilbane Building Company
("Contractor"), who agree as follows:
RECITALS
WHEREAS, City requires the services of a qualified contractor to provide the work product
described in Exhibit A of this Agreement; and
WHEREAS, City lacks the qualified personnel to provide the Specified work product; and
WHEREAS, Contractor is duly qualified to provide the required work product; and
WHEREAS, cOntractor is agreeable to providing such work product on the terms and conditions
hereinafter set forth.
NOW THEREFORE, the parties hereto agree as follows:
1. RESULTS TO BE ACHEIVED. Subject to the terms and conditions set forth in this
Agreement, Contractor shall provide to City the work product described in Exhibit A ("Scope of
Work"). Contractor is not authorized to undertake any efforts or incur any costs whatsoever
under the terms of this Agreement until receipt of a fully executed Purchase Order from the
Finance Department of the City of Saratoga.
2. TERM. The term of this Agreement commences on September 20, 2000, and extends
through completion of the project on October 18, 2002, unless it is extended by written mutual
agreement' between the parties, provided that the parties retain the right to terminate this
Agreement as provided in Exhibit D at all times.
3. PAYMENT. City shall pay Contractor for work product produced pursuant to this
Agreement at the time and in the manner set forth in Exhibit B ("Payment"). The payments
specified in Exhibit B shall be the only payments to be made to Contractor in connection with
Contractor's completion of the Scope of Work pursuant to this Agreement. Contractor shall
submit all billings to City in the manner specified in Exhibit B.
4. FACILITIES AND EQUIPMENT. Contractor shall furnish the work facilities and
equipment listed in Exhibit E (Compensation breakdown). The City will assist the Contractor in
procuring all additional physical work facilities and equipment from the building contractor
necessary for the construction phase of the project. Prior to the constrUction phase, the City will
Page 1 of 23
Attachment-A
not be required to furnish physica1 facilities such as desks, filing cabinets, and office space, nor
will Gilbane Building Company be required to provide on-site office space. The City will
provide meeting and conference facilities as needed, and may provide additional facilities and
equipment not listed in Exhibit E, should they be required, and only upon mutual agreement
between both parties.
5. GENERAL PROVISIONS. City and Contractor agree to and shall abide by the general
provisions set forth in Exhibit C ("General Provisions"). In the event of any inconsistency
between said general provisions and any other terms or conditions of this Agreement, the other
term or condition shall control insofar as it is inconsistent with the General Provisions.
6. EXHIBITS. All exhibits referred to in this Agreement are attached hereto and are by this
reference incorporated herein and made a part of this Agreement.
7. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf
of City by City Manager ("Administrator"). The Administrator has complete authority to receive
information, interpret and define City's policies consistent with this Agreement, and
communicate with Contractor concerning this Agreement. All cOrrespondence and other
communications shall be directed to or through the Administrator or his or her designee.
8. · NOTICES. All notices or communication concerning a party's compliance with the
terms of this Agreement shall be in writing and may be given either personally, by certified mail,
remm receipt requested, or by overnight express carrier. The notice shall be deemed to have
been given and received on the date delivered in person or the date upon which the postal
authority or overnight express carrier indicates that the mailing was delivered to the address of
the receiving Party. The Parties shall make good faith efforts to provide advance courtesy notice
of any notices or communications hereunder via telefacsimile. However, under no circumstances
shall such courtesy notice satisfy the notice requirements set forth above; nor shall lack of such
courtesy notice affect the validity of service pursuant to the notice requirement set forth above.
Any Party hereto, by giving ten (10) days written notice to the other, may designate any other
address as substitution of the address to which the notice or communication shall be given.
Notices or communications shall be given to the Parties at the addresses set forth below until
specified otherwise in writing:
Notices to Contractor shall be sent to:
Matthew P. Tierney, Project Executive
Gilbane Building Company
44 Montgomery Street, Suite 1250
San Francisco, CA 94104-4614
With a
copy to:
K. Peter Sukalo, Senior Vice President, Regional Manager
Gilbane Building Company
44 Montgomery street, Suite 1250
San Francisco, CA 94104-4614
Page 2 of 23
Notices to City shall be sent to:
City Manager
City of Saratoga
13777 Fruitvale Avenue
Saratoga, CA 95070
With a
copy (which copy shall not constitute notice) to:
City Clerk
City of Saratoga
13777 Fruitvale Avenue
Saratoga, CA 95070
9. ENTIRE AGREEMENT. This Agreement supersedes any and all agreements, either
oral or written, between the parties hereto with respect to Contractor's completion of the Scope of
Work on behalf of City and contains all of the covenants and agreements between the parties
with respect to the rendering of such services in any manner whatsoever. Each party to this
Agreement acknowledges that no representations, inducements, promises or agreements, orally
or otherwise, have been made by any party, or anyone acting on behalf of any party, which are
not embodied herein, and that no other agreement, statement or promise not contained in this
Agreement shall be valid or binding. No amendment, alteration, or variation of the terms of this
Agreement shall be valid unless made in writing and signed by the parties hereto.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
CONTRACTOR:
By:
Print Name:
Date:
Position:
CITY OF SARATOGA, a municipal corporation
By:
NalTle~
Date:
Title:
Page 3 of 23
APPROVED AS TO FORM:
By: ~ Date:
City Attorney
APPROVED AS TO BUDGET AUTHORITY AND INSURANCE:
Ac~nin~trative Services Director
Attachments
Exhibit A -- Scope of Work
Exhibit B -- Payment
Exhibit C -- General Provisions
Exhibit D -- Insurance Requirements
Exhibit E -- Compensation Breakdown
Page 4 of 23
EXHIBIT A
SCOPE OF WORK
Table of Articles:
0.0
1.0
2.0
3.0
4.0
5.0
6.0
GENERAL
CONSTRUCTION MANAGEMENT
PRE-CONSTRUCTION SERVICES
BIDDING
CONSTRUCTION ADMINISTRATION
FIELD SUPERVISION
CLOSE-OUT
0.0 GENERAL
Contractor shall provide pre-construction and construction management services for the
design, bidding and construction of work for the new Saratoga Library Expansion Project to be
located at the comer of Fmitvale Ave. and Saratoga Road ("Project").
0.1 Contractor shall coordinate' all services with and communications between the City, and
City's separate contractors and consultants performing work on this Project. For the purposes of
this paragraph, ."coordinate" shall mean monitoring the Project's Master Schedule and
undertaking all required action to assure that all Project participants perform their duties and
obligations within the Project's Master Schedule.
0.2 Contractor shall attend all Project meetings and presentations, as necessary to perform the
work.
0.3 Contractor shall coordinate the activities of the City, such that the City may provide
timely decisions to the construction contractors, consultants and architects to reach mutually
agreed upon decisions on matters affecting the progress of the work, and to coordinate City's
input and decisions that affect the performance of the overall Project.
0.4 Contractor shall provide City with proposed revisions to City's standard General
Conditions and Bidding Documents (other than the technical specifications and drawings that
will be prepared by the City's architects and consUltants, as Contractor will coordinate their
comments directly with those consultants) so as to provide Contractor with the ability to manage
the Project and maintain the proposed schedule.
0.5 Refer to attached Preconstruction and Construction Manpower Schedules at Exhibit E for
amount of time and duration of staffing positions included in this Agreement.
Page 5 of 23
1.0 CONSTRUCTION MANAGEMENT
Contractor shall document all procedures, provide reports and controls as follows:
1.1 Develop and maintain a filing system for all Project construction phase documents.
1.2 Prepare and maintain a Project Master Schedule in cooperation with the City; obtain all
Project schedules, including construction contractor Critical Path Method ("CPM") schedules
and incorporate into Master Schedule progress updates.
1.3 Prepare and maintain a system which organizes and tracks all Project documents.
including all design, consultant and construction contractor contracts which affect the
construction, plans and specifications, project schedules, progress graphs, COSt estimates.
requests for information, architectural supplemental instructions, proposal requests, change
orders, contract drawings and submittals of any kind, Project correspondence, meeting notes,
inspection deficiency notices, records of tests and test results, inspection reports and
notices("Project Documentation").
1.4 Maintain one (1) set of Project Documentation at the Project site, with all updates.
1.5 Develop a monthly Project reporting format ("Monthly Report"), which shall include a
detailed accounting of monies paid to date on each construction contract, monies approved for
payment on each construction contract, current calculations of Contract Sum for each
construction contract as affected by change orders, current project schedules for each
construction contractor as affected by change orders, current job progress, milestones achieved.
areas of concern and other items of general interest.
Organize and maintain file of warranties and closeout items by contract and contract
specification sections.
2.0 PRE-CONSTRUCTION SERVICES: CONSTRUCTION DOCUMENT PHASE
Contractor shall provide the following pre-construction services for the Project:
2.1 Perform technical evaluations of designed and specified products and construction
techniques shown on all Project design documents to assure constmctability of the design.
Contractor is not responsible for the design or construction contractor's means and methods of
construction.
2.2 Recommend phasing (site Package and General Contractor Package) of the Project and
construction packaging for bidding of the Project, which will complement the recommended
phasing, and review with City the necessary documentation to be included in a Project bid
package(s). Each bid package shall be coordinated with the preceding and subsequent package(s)
Page 6 of 23
to eliminate gaps and overlaps in the Work to be performed under the various construction
contracts and various sets of plans and specifications.
2.3 Provide review and comments of the Architects cost estimate at conceptual, schematic,
design development and 80% construction document phases.
2.4 Advise City of assignment of responsibilities necessary for staging areas, temporary
facilities, and other Project requirements comm6n to all phases of the construction and provide
contract language for specifications ensuring inclusion in Project construction documents.
2.5 Attend regular Project meetings with the architects. Provide recommendations to City
and architect on construction feasibility, availability of materials and labor, and time
requirements for installation and construction.
2.6 Prepare a detailed Project Master Schedule of all design, procurement, bidding and
construction activities, through system testing and occupancy. Identify and include major
Project milestones. Inform City of adverse impacts to the Project Master Schedule. Recommend
to City corrective action where necessary.
2.7 Provide ongoing schedule monitoring and update the Project's Master Schedule monthly.
Report on schedules, delays and conflicts and advise City of all events impacting the Project
Master Schedule. Develop and implement City approved mitigation plans as required to maintain
the Project Master Schedule.
3.0 BIDDING
Contractor shall provide the following services necessary for the City to obtain bids and prepare
and award a contract for construction of the Project:
3.1 Prepare bid packages for City approval using revised General Conditions and Bidding
Documents prepared under Section 0.4 herein, and coordinate assembly and reproduction with
City, the architects and printer. Provide final review of assembled packages to eliminate gaps
and overlaps in the work to be performed in the various sets of plans and specifications.
3.2 Assist City in developing the advertisement for bids and a list of publications
recommended for advertising.
3.3 Distribute the bid packages to bidders and maintain distribution list.
3.4 Receive written questions from bidders and prepare and assemble written responses in
coordination with architects for City's approval. Prepare written addenda, if necessary, and
distribute City-supplied copies of addenda to all bidders in accordance with specified time limits.
3.5 Conduct and document the pre-bid and post-bid conferences.
Page 7 of 23
3.6 At the bid openings, record all bids and prepare bid tabulation. Review bids for
completeness and responsiveness and advise City of any irregularities in the bids or in the
bidding process.
3.7 Assist City in the contract award and in issuing the Notice to Proceed.
4.0 CONSTRUCTION ADMINISTRATION
Contractor shall provide all services necessary for the administration of the construction contract
for Construction for the Project, including, without limitation, the following:
4.1 Establish written procedures for the Project; and upon City-approval of written
procedures, prepare and revise as necessary a Project Procedures Manual for City's review and
comment. Update this manual as necessary to keep current with Project progress. The Project
Procedures Manual shall include, at a minimum, discussion of the following:
lines of communication;
procurement guidelines;
job progress meetings;
processing payment requests;
site security;
storage of materials and staging of construction;
owner directed changes during construction; and
protocol for processing RFI's, review of submittals or substitutions, requests for equitable
adjustments and any changes to the contract sum or contract time.
4.2 Schedule, conduct, and keep minutes for weekly coordination meetings between the
construction contractors, architects and engineer(s).
4.3 Document all meetings and verbal directives and provide copies to City's project
manager within five (5) working days.
4.4 Receive and review all construction contractors' payment requests, and make
recommendations as to payment.
4.5 Receive and review all written requests from construction contractors for additional time
or money and make recommendations to City regarding same.
4.6 Prior to the condition being disturbed, or as soon as the construction contractor advises
Contractor of the condition, document any conditions which a construction contractor alleges is
an unforeseen condition by photograph, videotape, or written memorandum. Advise City's
project manager of the alleged unforeseen condition as soon as it is reported. Coordinate the
timely exchange of information regarding the condition, including supplemental instructions and
Page 8 of 23
proposal requests between the architect and contractor to avoid delays and resulting claims for
additional time and costs.
4.7 Document any observed safety violation, hazardous condition, or incident of bodily
injury or property damage. Advise City's project manager and construction contractor of the
observation on the same day it is noted in the daily log. Coordinate the time!y exchange of
information regarding the condition to avoid injury, damage, delays and resulting claims for
additional time and costs.
4.8 Evaluate Project document changes issued by architect prior to issuing them to the
contractor(s) and make recommendations to the City for the appropriate Architect's
Supplemental Instructions or Proposal Requests designation. When the contractor submits
requests for compensation for a proposed change in scope, Contractor shall review and make
recommendations to the City, including any necessary analysis thereof.
4.9 In the event lack of clarity, ambiguity, errors, or omissions in the construction contract
documents become apparent, Contractor will evaluate construction contractors assertions
regarding the Project Documentation and advise City, if necessary, as to merit of assertion and
need for clarification of Project Documentation, if any.
4.10 Review construction contractors' cost estimates, and negotiate changes to the contract.
4.11 Receive and review all contractor submittals and shop drawings for conformance with
Project submittal requirements prior to architect review and approval.
4.12 On a monthly basis, monitor contractors schedule(s) and advise City of schedule impacts
and deviations from contractors critical path(s).
4.13 Assist the City in obtaining all permits as may be required for the Project. Contractor is
not responsible for preparation and/or payment of any permits required for the Project.
4.14 Coordinate all on site services of persons or entities under contract with City, including
but not limited to, contractors, architects, engineers, site surveyors, and material testing lab
services. In the case of professional services, coordinate means to inform a party of the need for
their service with sufficient advance notice that the service can be provided on the required date,
schedule the service with the professional, ensure site access and availability of resources or
other Project personnel who may be required for the professional's work, and keep City advised
of same.
FIELD SUPERVISION
Contractor shall provide all services necessary for field inspection and monitoring of the
construction contracts required for the Construction for the Project, including, without limitation,
the following:
Page 9 of 23
5.1 Contractor shall take appropriate action to assure that each construction contractor works
in a manner and result which conforms with the Project Documentation.
5.2 Attend construction contractors field quality assurance inspection(s) and review, for
compliance with contract documents and coordinate special inspections required by the work Of
City's separate contractors/consultants.
5.3 Assure that construction contractor(s) coordinates and completes all required code
compliance inspections, field tests and sign-offs required by City and any other regulatory, or
testing and inspection firms/agencies.
5.4 Review construction contractors as-built documentation and ensure it is up-to-date to
within one (1) week of construction and installation.
CLOSE-OUT
Contractor shall provide all services necessary for the close-out of the construction, including,
without limitation, the following:
6.1 Prepare schedule of all closeout activities, checkout items, and check-off list, noting
construction contractor document requirements as set forth in Project documents.
6.2 Schedule, coordinate and supervise final tests and start-up of all building systems. For
the purposes of this paragraph, coordinate means to inform all relevant parties with sufficient
advance notice of the inspection or start up date, ensure site access and availability of resources
or other Project personnel who may be required for the work, and keep City advised of same.
6.3 Ensure that construction contractor(s) have provided all Project records, drawings, O&M
manual, warranties and guarantees, and test reports as required. Coordinate construction
contractor's complete training of City/operator personnel on all building Systems for the
purposes of this paragraph, coordinate means to inform all relevant parties with sufficient
advance notice of the training date, review training for completeness and accuracy, ensure
availability of resources or other Project personnel who may be required for the training, and
keep City advised of same.
6.4 After the construction contractor has requested inspection (per specifications), Contractor
shall prepare a detailed listing of construction contractor omissions and defects (commonly
referred to as a punch list) at the direction of the architect or engineer and determine when the
Project is ready for final inspection. Contractor shall schedule, coordinate and supervise the
inspection of the Project for conformance with Project documents.
6.5 Prepare all necessary documentation for City's final acceptance of Project, contract
closeout and final report.
Page 10 of 23
6.6 Upon completion of construction of the Project, Contractor shall provide a wrinen
statement verifying to the City that, to the best of Contractor's knowledge, the Project has been
completed in accordance with the construction contract documents and any change orders
thereto, and in accordance with any and all applicable codes and ordinances. This verification
does not relieve the construction contractor(s) or architects of their responsibility to certi~'
compliance or completion of the work in accordance with the contract documents.
Page 11 of 23
EXHIBIT B
PAYMENT
1. TOTAL COMPENSATION. City shall pay Contractor a total amount of seven hundred
and fifty-two thousand dollars ($752,000) for work to be performed. The total sum stated above
shall be the total which City shall pay for the work product to be provided by Contractor
pursuant to this Agreement, unless it is mutually agreed, in writing, to increase the contract
amount as compensation for additional work to be performed by the Contractor. Additional
work shall be charged to the City on a "time and materials" basis, or as a lump sum for specified
additional work, if this method is more cost effective.
2. INVOICES. Contractor shall submit invoices, not more often than once a month during
the term of this Agreement. Invoices shall contain the following information:
a. Serial identifications of bills, i.e., Bill No. 1;
b. The beginning and ending dates of the billing period;
c. a summary containing the total contract amount, the amount of prior billings, the
total due this period, and the remaining balance available for all remaining billing
periods. Terms of payment shall be 20 day fi.om date of receipt, i
3. MONTHLY PAYMENTS. City shall compensate Contractor for work performed
pursuant to Exhibit A in the following Lump Sum Payments:
For preconstruction Services provided fi.om September 6, 2000 through July 31, 20001, eleven
(11) equal monthly installments of $13,636.
For Construction Services provided fi.om August 1, 2001 through October 18, 2002, fifteen (15)
equal monthly installments of $40,133.60.
4. REIMBURSABLE EXPENSES. There shall be no right to reimbursement of expenses
incurred by Contractor except as specified in this Agreement.
Page 12 of 23
EXHIBIT C
GENERAL PROVISIONS
INDEPENDENT CONTRACTOR. At all times during the term of this Agreement,
Contractor shall be an independent contractor and shall not be an employee of City.
Contractor shall complete the Scope of Work hereunder in accordance with currer~tly
approved methods and practices in Contractor's field. City shall have the right to control
Contractor only with respect to specifying the results to be obtained from Contractor
pursuant to this Agreement. City shall not have the right to control the means by which
Contractor accomplishes services rendered pursuant to this Agreement. Likewise, no
relationship of employer and employee is created by this Agreement between the City and
Contractor or any subcontractor or employee of Contractor. Nothing contained in this
Agreement shall be construed as limiting the fight of Contractor to engage in Contractor's
profession separate and apart from this Agreement so long as such activities do not
interfere or conflict with the performance by Contractor of the obligations set forth in this
Agreement. Interference or conflict will be determined at the sole discretion of the City.
STANDARD OF PERFORMANCE. Contractor shall complete the Scope of Work
required pursuant to this Agreement in the manner and accOrding to the standards observed
by a competent practitioner of the profession in which Contractor is engaged in the
geographical area in which Contractor practices its profession. All work product of
whatsoever nature which Contractor delivers to City pursuant to this Agreement shall be
prepared in a substantial, first class and workmanlike manner and conform to the standards
of quality normally observed by a person practicing in Contractor's profession.
TIME. Contractor shall provide personnel as outlined in the attached Preconstruction and
Construction Manpower Schedules for satisfactory performance of Contractor's obligations
pursuant to this Agreement. Time and staff modifications will only be made as mutually
agreed upon by the City and Contractor followed by an appropriate adjustment to the
contract amount.
CONTRACTOR NO AGENT. Except as City may specify in writing, Contractor shall
have no authority} express or implied, to act on behalf of City in any capacity whatsoever
as an agent. Contractor shall have no authority, express or implied, pursuant to this
Agreement to bind City to any obligation whatsoever.
BENEFITS AND TAXES. Contractor shall not have any claim under this Agreement or
otherwise against City for seniority, vacation time, vacation pay, sick leave, personal time
off, overtime, health insurance, medical care, hospital care, insurance benefits, social
security, disability, unemployment, workers compensation or employee benefits of any
kind. Contractor shall be solely liable for and obligated to pay directly all applicable taxes,
including, but not limited to, federal and state income taxes, and in connection therewith
Page 13 of 23
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Contractor shall indemnify and hold City harmless from any and all liability that City may
incur because of Contractor's failure to pay such taxes. City shall have no obligation
whatsoever to pay or withhold any taxes on behalf of Contractor.
ASSIGNMENT PROHIBITED. No party to this Agreement may assign any fight or
obligation pursuant to this Agreement. Any attempted or purported assignment of any right
or obligation pursuant to this Agreement shall be void and of no effect. However. with the
consent of the City given in writing, Contractor is entitled to subcontract such portions of
the work to be performed under this Agreement as may be specified by City.
PERSONNEL.
Qualifications. Contractor shall assign only competent personnel to complete the
Scope of Work pursuant to this Agreement. In the event that,City, in its sole
discretion, at any time during the term of this Agreement, desires the removal of any
such persons, Contractor shall, upon receiving notice from city of such desire of City,
cause the removal of such person or persons. Contractor will be granted reasonable
time to replace the person.
Employment Eligibility. Contractor shall ensure that all employees of Contractor
and any subcontractor retained by Contractor in connection with this Agreement have
provided the necessary documentation to establish identity and employment
eligibility as required by the Immigration Reform and Control Act of 1986. Failure to
provide the necessary documentation will result in the termination of the Agreement
as required by the Immigration Reform and Control Act of 1986.
CONFLICT OF INTEREST.
a°
In General. Contractor represents and wan'ants that, to the best of the Contractor's
knowledge and belief, there are no relevant facts or circumstances which could give
rise to a conflict of interest on the part of Contractor, or that the Contractor has
already disclosed all such relevant information.
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Subsequent Conflict of Interest. Contractor agrees that if an actual or potential
conflict of interest on the part of Contractor is discovered after award, the Contractor
will make a full disclosure in writing to the City. This disclosure shall include a
description of actions which the Contractor has taken or proposes to take, after
consultation with the City to avoid, mitigate, or neutralize the actual or potential
conflict. Within 45 days, the Contractor shall have taken all necessary steps to avoid,
mitigate, or neutralize the conflict of interest to the satisfaction of the City.
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Interests of City Officers and Staff. No officer, member or employee of City and
no member of the City Council shall have any pecuniary interest, direct or indirect, in
this Agreement or the proceeds thereof. Neither Contractor nor any member of any
Contractor's family shall serve on any City board or committee or hold any such
Page 14 of 23
position which either by rule, practice or action nominates, recommends, or
supervises Contractor's operations or authorizes funding to Contractor.
9. COMPLIANCE WITH LAWS.
In General. Contractor shall observe and comply with all laws, policies, general
rules and regulations established by City and shall comply with the common law and
all laws, ordinances, codes and regulations of governmental agencies, (including
federal, state, municipal and local governing bodies) applicable to the performance of
the Scope of Work hereunder, including, but not limited to, all provisions of the
Occupational Safety and Health Act of 1979 as amended.
Licenses and Permits. Contractor represents and warrants to City that it has all
licenses, permits, qualifications and approvals of whatsoever nature which are legally
required for Contractor to practice its profession. Contractor represents and warrants
to City that Contractor shall, at its sole cost and expense, keep in effect at all times
during the term of this Agreement any licenses, permits, and approvals which are
legally required for Contractor to practice its profession. In addition to the foregoing,
Contractor shall obtain and maintain during the term hereof a valid City of Saratoga
Business License.
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Funding Agency Requirements. To the extent that this Agreement may be funded
by fiscal assistance from a federal, state or local agency, Contractor shall work with
the City to establish a program to ensure compliance with the terms of the grant for
fiscal assistance. If compliance with the terms of the grant results in costs beyond the
scope of this Agreement, the City and the Contractor will work together, in good
faith, to arrive at a mutually beneficial resolution to comply with the terms.
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Drug-free Workplace. Contractor and Contractor!s employees and subcontractors
shall comply with the City's policy of maintaining a drug-free workplace. Neither
Contractor nor Contractor's employees and subcontractors shall unlawfully
manufacture, distribute, dispense, possess or use controlled substances, as defined in
21 U.S. Code Section 812, including marijuana, heroin, cocaine, and amphetamines,
at any facility, premises or worksite used in any manner in connection with
performing services pursuant to this Agreement. If Contractor or any employee or
subcontractor of Contractor is convicted or pleads nolo contendere to a criminal drug
statute violation occurring at such a facility, premises, or worksite, the Contractor,
within five days thereafter, shall notify the City.
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Discrimination Prohibited. Contractor assures and agrees that Contractor will
comply with Title VII of the Civil Rights Act of 1964 and other laws prohibiting
discrimination and that no person shall, on the grounds of racel creed, color,
disability, sex, sexual orientation, national origin, age, religion, Vietnam era veteran's
status, political affiliation, or any other non-merit factors be excluded from
Page 15 of 23
10.
participating in, be denied the benefits of, or be otherwise subjected to discrimination
under this Agreement.
DOCUMENTS AND RECORDS.
11.
12.
13.
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Property of City. All reports, data, maps, models, charts, studies, surveys.
photographs, memoranda or other written doctunents or materials prepared by
Contractor pursuant to this Agreement shall become the property of City upon
completion of the work to be performed hereunder or upon termination of this
Agreement.
Retention of Records. At the completion of this Agreement, Contractor shall turn
over to the City or any party designated by the City, upon written request by City, this
Agreement, and such books, all documents and records of Contractor (and any books,
documents, and records of any subcontractor(s)) that are necessary or convenient for
audit purposes to certify the nature and extent of the reasonable cost of services to
City.
Use Of Recycled Products. Contractor shall prepare and submit all reports, written
studies and other printed material on recycled paper to the extent it is available at
equal or less cost than virgin paper.
CONFIDENTIAL INFORMATION. Contractor shall hold any confidential
information received from City in the course of performing this Agreement in trust and
confidence and will not reveal such confidential information to any person or entity,
either during the term of the Agreement or at any time thereafter. Upon expiration of this
Agreement, or termination as provided herein, Contractor shall remm materials which
contain any confidential information to City. Contractor may keep one copy for its
confidential file. For purposes of this paragraph, confidential information is defined as
all information disclosed to Contractor which relates to City's past, present, and future
activities, as well as activities under this Agreement, which information is not otherwise
of public record under California law.
RESPONSIBILITY OF CONTRACTOR. Contractor shall take all responsibility for
the work product, shall bear all losses and damages directly or indirectly resulting to
Contractor, to any subcontractor, to the City, to City officers and 'employees, or to parties
designated by the City, on account of the performance or character of the work product,
unforeseen difficulties, accidents, occurrences or other causes predicated on active or
passive negligence of the Contractor or of any subcontractor.
INDEMNIFICATION. Contractor and City agree that City, its employees, agents and
officials shall, tO the fullest extent permitted by law, be fully protected from any loss,
injury, damage, claim, lawsuit, cost, expense, attorneys fees, litigation costs, defense
costs, court costs or any other cost arising out of or in any way related to the negligent
acts, errors or omissions, or willful misconduct of the Contractor or conduct for which the
Page 16 of 23
law imposes strict liability on the Contractor in the performance or failure to perform this
Agreement. Accordingly, the provisions of this indemnity provision are intended by the
parties to be interpreted and construed to provide the fullest protection possible under the
law to the City. Contractor acknowledges that City would not enter into this agreement
in the absence of the commitment of Contractor to indemnify and protect City as set forth
below.
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Indemnity. To the fullest extent permitted by law, Contractor shall defend,
indemnify and hold harmless City, its employees, agents and officials, fi.om any
liability, claims, suits, actions, arbitration proceedings, administrative proceedings,
regulatory proceedings, losses, expenses or costs of any kind whatsoever without
restriction or limitation, incurred in relation to, as a consequence of or arising out of
or in any way attributable, in whole or in part, to the active or passive negligence of
the Contractor or willful misconduct of the Contractor or conduct for which the law
imposes strict liability on the Contractor in the performance of/or failure to perform
this Agreement.
Limitation on Indemnity. Without affecting the rights of City under any provisiOn
of this agreement or this section, Contractor shall not be required to indemnify and
hold harmless City as set forth above for liability attributable to the sole fault of City,
provided such sole fault is determined by agreement between the parties or the
findings of a court of competent jurisdiction. This exception will apply only in
instances where and only to the extent that the City is shown to have been at fault. To
the fullest extent permitted by law, City shall defend, indemnify and hold harmless
the contractor fi.om liability, claims, suits, suits, and actions by construction
contractor(s) incurred in relation to or arising out of Contractor's performance of the
Agreement, provided however, that this obligation of City shall exist only if
Contractor has properly discharged its obligations to the City hereunder.
Scope of Contractor Obligation. The obligations of Contractor under this or any
other provision of this Agreement will not be limited by the provisions of any
workers' compensation act or similar act. Contractor expressly waives its statutory
immunity under such statutes or laws as to City,. its employees and officials.
Subcontractors. Contractor agrees to obtain executed indemnity agreements with
provisions identical to those set forth here in this section from each and every
subcontractor, subtler contractor or any other person or entity involved by, for, with
or on behalf of Contractor in the performance or subject matter of this Agreement. In
the event Contractor fails to obtain such indemnity obligations from others as
required here, Contractor agrees to be fully responsible according to the terms of this
section.
In General. Failure of City to monitor compliance with these requirements imposes no
additional obligations on City and will in no way act as a waiver of any rights hereunder. This
obligation to indemnify and defend City as set forth herein is binding on the successors, assigns,
Page 17 of 23 '
or heirs of Contractor and shall survive the termination of this agreement or this section. For
purposes of Section 2782 of the Civil Code the parties hereto recognize and agree that this
Agreement is not a construction contract. By execution of this Agreement, Contractor
acknoWledges and agrees that it has read and understands the provisions hereof and that this
paragraph is a material element of consideration. City approval of the insurance contracts
required by this Agreement does not relieve the Contractor or subcontractors from liability under
this paragraph.
e. Other Legal Costs. For matters not addressed by the foregoing sections 13 a.
through 13 e., the cost of legal fees authorized by City and incurred by the Contractor
in properly discharging its obligations under this Agreement, including the defense of
claims or suits by the Owner's separate contractors, shall be reimbursable to the
Contractor, with the exception of legal fees incurred in the drafting, negotiation and
execution of this Agreement.
14.
INSURANCE REQUIREMENTS. Contractor shall procure and maintain for the
duration of the contract insurance as set forth in Exhibit E. The cost of such insurance
shall be included in the Contractor's bid.
15. DEFAULT AND REMEDIES.
a. Events of default. Each of the following shall constitute an event of default
hereunder:
Failure to perform any obligation under this Agreement and failure to cure such
breach immediately upon receiving notice of such breach, if the breach is such
that the City determines the health, welfare; or safety of the public is immediately
endangered; or
Failure to perform any obligation under this Agreement and failure to cure such
breach within fifteen (15) days of receiving notice of such breach, if the breach is
such that the City determines that the health, welfare, or safety of the public is not
immediately endangered,'provided that if the nature of the breach is such that the
City determines it will reasonably require more than fifteen (15) days to cure,
Contractor shall not be in default if Contractor promptly commences the cure and
diligently proceeds to completion of the cure.
Remedies upon default. Upon any Contractor default, City shall have the right to
immediately suspend or terminate the Agreement, seek specific performance, contract
with another party to perform this Agreement and/or seek damages to the full extent
allowed by law.
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No Waiver. Failure by City to seek any remedy for any default hereunder shall not
constitute a waiver of any other rights hereunder or any right to seek any remedy for
.any subsequent default.
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16.
17.
18.
19.
20.
21.
22.
TERMINATION. Either party may terminate this Agreement with or without cause by
providing 10 days notice in writing to the other party. The City may terminate this
Agreement at any time without prior notice in the event that Contractor commits a
material breach of the terms of this Agreement. Upon termination, this Agreement shall
become of no further force or effect whatsoever and each of the parties hereto shall be
relieved and discharged herefrom, subject to payment for acceptable services rendered
prior to the expiration of the notice of termination. NOtwithstanding the foregoing, the
provisions of this Agreement concerning retention of records, City's rights to material
produced, confidential information, contractor's responsibility, indemnification,
insurance, dispute resolution, litigation, and jurisdiction and severability shall survive
termination of this Agreement.
DISPUTE RESOLUTION. The parties shall make a good faith effort to settle any
dispute or claim arising under this Agreement. If the parties fail to resolve such disputes
or claims, they shall submit them to nonbinding mediation in California at shared expense
of the parties for at least 8 hours of mediation. If mediation does not arrive at a
satisfactory result, arbitration, if agreed to by all parties, or litigation may be pursued. In
the event any dispute resolution processes are involved, each party shall bear its own
costs and attorneys fees.
LITIGATION. If any litigation is commenced between parties to this Agreement
concerning any provision hereof or the rights and duties of any person in relation thereto,
each party shall bear its own attorneys' fees and costs.
JURISDICTION AND SEVERABILITY. This Agreement shall be administered and
interpreted under the laws of the State of California. Jurisdiction of litigation arising
from this Agreement shall be in' that state and venue shall be in Santa Clara County,
California. If any part of this Agreement is found to conflict with applicable laws, such
part shall be inoperative, null and void insofar as it conflicts with said laws, but the
remainder of this Agreement shall be in full force and effect.
NOTICE OF NON-RENEWAL. Contractor understands and agrees that there is no
representation, implication, or understanding that the City will request that work product
provided by Contractor under this Agreement be supplemented or continued by
Contractor under a new agreement following expiration or termination of this Agreement.
Contractor waives all rights or claims to notice or hearing respecting any failure by City
to continue to request or retain all or any portion of the work product from Contractor
following the expiration or termination oft his Agreement.
PARTIES IN INTEREST. This Agreement is entered only for the benefit of the parties
executing this Agreement and not for the benefit of any other individual, entity or person.
WAIVER. Neither the acceptance of work or payment for work pursuant to this
Agreement shall constitute a waiver of any rights or obligations arising under this
Page 19 of 23
Agreement. The failure by the City to enforce any of Contractor's obligations or to
exercise City's rights shall in no event be deemed a waiver of the right to do so thereafter.
Page 20 of 23
EXHIBIT D
INSURANCE
Please refer to the insurance requirements listed below. Those which have an "X" indicated in
the space before the requirement apply to Contractor's Agreement (ignore any not checked).
Contractor shall provide its insurance broker(s)/agent(s) with a copy of these'requirements and
request that they provide Certificates of Insurance complete with copies of all required
endorsements to: Administrative Services Director, City of Saratoga, 13777 Fruitvale Avenue,
Saratoga, CA 95070. The City, its Agents and separate contractors will provide their own
liability insurance for this Project (exclusive of the design Architect, BSA). These Agents and
separate contractors shall indemnify the City and Contractor from losses due to their operations
and name City and Contractor as additional insured parties on their insurance policies for this
Project.
Contractor shall furnish City with copies of original endorsements affecting coverage required by
this Exhibit D. The endorsements are to be signed by a person authorized by that insurer to bind
coverage on its behalf. All endorsements and certificates are to be received and approved by
City before work commences. City has the right to require Contractor's insurer to provide
complete, certified copies of all required insurance policies, including endorsements affecting the
coverage required by these specifications.
City shall provide Builder's Risk insurance for the entire Project.
X Commercial General/Business Liability Insurance with coverage as indicated:
X
$1,000,000 per occurrence/S2,000,000 aggregate limits for bodily injury and
property damage
$ per occurrence bodily injury/$ per occurrence
property damage
Coverage for X, C, U hazards MUST be evidenced on the Certificate of Insurance
If the standard ISO Form wording for "OTHER INSURANCE", or other
comparable wording, is not contained in Contractor's liability insurance policy, an
endorsement must be provided that said insurance will be primary insurance and
any insurance or self-insurance maintained by City, its officers, employees, agents
or volunteers shall be in excess of Contractor's insurance and shall not contribute
to it.
X
Auto Liability Insurance with coverage as indicated:
X
$1,000,000 combined single limit for bodily injury and property damage
$ per person/$ per accident for bodily injury
$ per occurrence for property damage
$ 500,000 combined single limit for bodily injury and property damage
Page 21 of 23
Garage keepers extra liability endorsement to extend coverage to all vehicles in
the care, custody and control of the contractor, regardless of where the vehicles
are kept or driven.
Professional/Errors and Omissions Liability with coverage as indicated:
$1,000,000 per loss/$2,000,000 aggregate
$5,000,000 per loss/$5,000,000 aggregate
Contractor must maintain Professional/Errors & Omissions Liability coverage for a period
of three years after the expiration of this Agreement. Contractor may satisfy this
requirement by renewal of existing coverage or purchase of either prior acts or tail
coverage applicable to said three year period.
X
Workers' Compensation Insurance
X Including minimum $1,000,000 Employer's Liability
The Employer's Liability policy shall be endorsed to waive any right of subrogation as
respects the City, its employees or agents.
The Contractor makes the following certification, required by section 1861 of the California
Labor Code:
I am aware of the provisions of Section 3700 of the Labor Code which require every employer to
be insured against liability for workers' compensation or to undertake self-insurance in
accordance with the provisions of that code, and I will comply with such provisions before
commencing the performance of the work of this contract
X
Additional Insured Endorsement(s) for Commercial General/Business Liability coverage
naming the City of Saratoga, its officers, employees and agents as additional insured.
(NOTE: additional insured language on the Certificate of Insurance is NOT acceptable
without a separate endorsement such as Form CG 20 10)
X
The Certificate of Insurance MUST provide 30 days notice of cancellation, (10 days
notice for non-payment of premium). NOTE: the following words must be crossed out or
deleted from the standard cancellation clause: "... endeavor to..." AND "... but failure
to mail such notice .shall impose no obligation or liability of any kind upon the company,
its agents or representatives."
All subcontractors used must comply with the above requirements except as noted below:
Page 22 of 23
As to all of the checked insurance requirements above, the following shall apply:
bo
Deductibles and Self-Insured Retentions. Any deductibles or self-insured
retentions must be declared to and approved by the City. At the option of the
City, either (1) the insurer shall reduce or eliminate such deductibles or
self-insured retentions as respects the City, its officers, officials and employees: or
(2) the Contractor shall procure a bond guaranteeing payment of losses and related
investigations, claim administration and defense expenses.
Co
City as Additional Insured. The City, its officers, officials, employees and
volunteers are to be covered as insureds as respects: liability arising out of
activities performed by or on behalf of the Contractor; products and completed
operations of the Contractor, premises owned, occupied or used by the Contractor,
or automobiles owned, leased, hired or borrowed by the Contractor. The coverage
shall contain no special limitations on the scope of thc protection afforded to the
City, its officers, officials, employees or volunteers.
do
Other Insurance Provisions. The policies are to contain, or be endorsed to
contain, the following provisions:
°
'3.
Any failure to comply with reporting provisions of the policies shall not
affect coverage provided to the City, its officers, officials, employees or
volunteers.
The Contractor's insurance shall apply separately to each insured against
whom claim is made or suit is brought, except with respect to the limits of
the insurer's liability.
Coverage shall not be suspended, voided, canceled by either party,
reduced in coverage or in limits except after thirty (30) days' prior written
notice by certified mail, return receipt requested, has been given to the
City.
eo
Acceptability of Insurers. Insurance is to be placed with insurers with a Bests'
rating of no less than A:VII
Page 23 of 23
EXHIBIT E
Var 93099
Gilbane
44 Montgomery Street, Suite 1250
San Francisco, CA 94104
(415)591-3400
Saratoga Library
Saratoga, CA
City of Saratoga
SUMMARY
09/06/00
thru
10/16/02
TOTAL PRECONSTRUCTION REGIONAL STAFF COST
TOTAL FIELD OFFICE PERSONNEL COST
TOTAL REGIONAL OFFICE STAFF COST
TOTAL FIELD STAFF SUPPORT COST
LIABILITY INSURANCE
FEE
SUB - TOTAL
149.996
289,499
44,662
39,299
3,544
225,000
752.,000
WRO FEE WORKSHEET
Created 3/17/00, RevisedS/3/O0
23-1
Preparer: Joseph Martin
Ver 93099
Saratoga Library
Saratoga, CA
City. of Saratoga
Architect/Engine
PRE CONSTRUCTION SERVICES
Description I Quantity I unit I
Design Phase Schedule
Scheduler
5 Days
40 Days
Design Phase Manager
Purchasing
Procurement
6 Days
Concept Estimate
Civil/Arch/Site Estimating
Electrical Estimating
· Mechanical Estimating
3 Days
3 Days
3 Days
DD Estimate
Civil/Arch/Site Estimating
Electrical Estimating
Mechanical Estimating
CD/GMP Estimate
Civil/Arch/Site Estimating
Electrical Estimating
Mechanical Estimating
7
3
3
Constructability Review
Civil/Arch/Site Estimating
Electrical Estimating
Mechanical Estimating
Project Manager
Incl
'Meetings
Project Executive
Cost Control
Total Office Labor
872
Travel Expense
TOTAL PRE- CONSTRUCTION TASKS
WRO FEE WORKSHEET
Created 3/17/00, Revised8/3/00
23-3
Days
Days
Days
Days
Days
Days
Days
Days
Days
Days
Days
Days
Hr.
$5,000
$149,996
Preparer: Joseph Martin
Var 93099
Saratoga Library
Saratoga, CA
City of Saratoga
Architect/Engineer
92593010.4215
92593011.4215
92594250.4215
92593012.4215
92594240.4215
92594035.4215
92593020.4215
92594055.4215
92594050.4215
92594050.4215
92594056.4215
92594041.4215
92594040.4215
92594035.4215
92594080.4215
92693050.4215
92593089.4215
92594220.4215
92594020.4215
92695040.4215
92594255.4215
92594010.4215
92594040.4215
92594040.4215
92593750.4215
92593720.4215
92897750.4215
FIELD STAFF SUPPORT COST
Description
FIELD OFFICE
Office Complex
Office Setup & Removal
Janitorial Service
Maintenance & Repair
FIELD OFFICE EQUIPMENT
Copier & Supplies
Office Equipment
Office Furniture
Computer Hardware & Software
Workstations
Prolog Project Management
Primavera/SureTrak
Communications Lines
Portable Radios & Base Station
Telephone System
TV, VCR & Tapes
FIELD OFFICE EXPENSE
Bottted Water
Construction Signs & Bulleting Boards
First Aid Supplies
Miscellaneous Blueprinting
Postage, Shipping & Express
Digital Camara
Records Transport/Retention
Stationary, Paper & Supplies
Telephone Service & Long Distance
Cellular Phones, Beepers
JOB TRAVEL EXPENSE
Job Site Travel
Project Bonus
Regional Office Travel
06/01/01
09/30/02
J Quantity J Unit J TOTAL
By GC Mo
By GC Est
By GC Wk
By GC Mo
By GC Mo
1 LS 2,000
By GC Stat
3 Stat 7,500
I Ea. 1,250
1 LS 500
By GC Mo
By GC Ea.
By GC Stat
1 LS 750
15 Mo
1 Each
1 Each
By Owner LS
15 Mo
1 LS
By Owner Est
15 Mo
By GC Mo
15 Mo
TOTAL FIELD STAFF SUPPORT COST
15 Mo
I Calc
15 Mo
75O
30O
1,500
2,250
75O
6,000
2,250
1,500
8,999
3,000
39,299 J
WRO FEE WORKSHEET
Created 3/17/00, RevisedS/3/O0
23-5
Preparer: Joseph Martin
SARATOGA CITY COUNCIL
MEETING DATE: September 20, 2000
ORIGINATING DEPT: Administrative Services
PREPARED BY: //~~
!
AGENDA ITEM: .~ ._-'~'-
CITY MANAGER: ~o-~~--~~
SUBJECT: Amendment to City Manager Contract
RECOMMENDED ACTION(S):
Amend agreement with David Anderson for services as City Manager.
REPORT SUMMARY:
On August 2, 2000, the City Council appointed David Anderson as the City Manager for the CitY
of Saratoga, and approved an agreement with Mr. Anderson for services rendered in that
capacity. To ensure that the City Manager receives benefits similar to all employees, as the
benefits change pursuant to personnel negotiations on a regular basis, staff recommends that two
technical corrections be made to the contract.
Section III.B of the agreement states that "Anderson shall receive all benefits as described in
Exhibit A attached hereto." The following language is proposed instead:
ANDERSON shall be entitled to the same employee benefits as other Saratoga
employees who are represented by the Saratoga Employees Association (SEA), as
detailed in Sections XIII, XIV, and XV of the Memorandum of Understanding
between the City of Saratoga and SEA.
Additionally, Section I.C. 1 refers to the same Exhibit A. Staff recommends that the reference in
that Section I.C.1 to paragraphs B, D and F of Attachment A be deleted.
Sections XIII, XIV, and XV of the MOU detail the current employee benefits; Section XIII refers
to Benefits, Section XIV refers to Leave, and Section XV refers to retirement benefits. The items
listed in these Sections are essentially the same as those listed in the City Manager agreement
approved on August 2, with the exception of updated medical and dental benefits. The Sections
are attached for your review.
FISCAL IMPACTS:
Funding is included in the current fiscal year budget for all employee benefits.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S):
As benefits change for all other employees, those for the City Manger would not.
ALTERNATIVE ACTION(S):
Revise the City Manager's contract immediately to correct current medical benefits and every
time employee benefits change in the future.
FOLLOW UP ACTION(S):
City Clerk to send Mr. Anderson a certified copy of the contract amendment.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Nothing additional.
ATTACHMENTS:
Attachment A - Contract amendment
Attachment B - Sections XIII, XIV, and XV of the Memorandum of Understanding
2 of 2
AMENDMENT TO AGREEMENT FOR EMPLOYMENT OF CITY MANAGER
The agreement between the CITY OF SARATOGA and DAVID ANDERSON (ANDERSON) dated July 24,
2000, appointing ANDERSON as City Manager is hereby amended as follows:
Section III.B
The text of this section is deleted in its entirely and replaced with the following:
ANDERSON shall be entitled to the same employee benefits as other Saratoga
employees who are represented by the Saratoga Employees Association (SEA), as
detailed in Sections XIII, XIV, and XV of the Memorandum of Understanding between
the City of Saratoga and SEA.
Section I.C.1
The reference in this section to "benefits specified in paragraphs B, D and F of Attachment A" is deleted and
replaced with "benefits specified pursuant to Section III.B. 1."
DAVID ANDERSON:
CITY OF SARATOGA:
Mayor Stan Bogosian
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attomey
ATTACHMENT A
BENEFITS
A. Benefits Allowance
All employees receive a monthly Benefits Allowance which may be taken in cash and/or
used for health insurance coverage, deferred compensation, additional life insurance, and/or
additional long term disability insurance. The mount of the Benefits Allowance is based
up~oi~t~,e ~nro~me, n,t, sram. ,s ofea.ch ern~ployee in the PER. S Health Program, and shall be
eqm a,ent to me tony pa,a premium otthe health plan selected by each employee except
for the PERS Care Plan. For employees who enroll in the PERS Care Plan, the Benefits
Allowance shall be equivalent to the highest premium amount of the remaining health plans
available to those employees based upon their enrollment status.
Any employee who declines to accept coverage in the PERS Health Program, evidenced
by signing a waiver form, shall receive a monthly Benefits Allowance of $125.
The monthly Benefits Allowance for permanent pm-time employees will be pro-rated in
proportion to the number of hours worked.
B. 'Health Insurance
The City contracts with the California Public Employees Retirement System for the PERS
Health Benefits Program. The types of health plans currently available to City employees
include two statewide self-insured, fee-for-service health plans (PERS Care and PERS
Choice), and numerous health maintenance orga~i?~tions. Employees may enroll in a
PERS plan of their choice; however, some plans require that an employee live in a specific
geographic area.
The effective date of health coverage is the first day of the month following the date of
enrollment. New employees have 60 calendar days from their date of hire to enroll in a
health plan. In addition to the monthly Benefits Allowance, the City will pay the minimum
PERS medical premium of $16 per month on behalf of all active employees enrolled in a
PERS health plan.
Employees who retire from the City of Saratoga and who are enrolled in a PERS-
sponsored health plan at the time of separation are eligible to continue their coverage.
Effective October 1, 1993, the City will contribute $1 per month towards the minimum
premium for retirees. This amount will increase annually by 5% until it equals the $16 per
month minimum premium for active employees. The balance of the total monthly premium
shall be paid by the retiree.
Upon.separation of employment, employees will be notified in writing of their health care
continuation rights. The COBRA group continuation coverage is provided through federal
legislation ~the Consolidated Omnibus Budget Reconciliation Act) and allows employees
6
ATTACHMENT B
who are enrolled in a group health plan and who separate from employment, for reasons
other than gross misconduct, to continue their group coverage for 18 months (Some
employees and/or their family members may be elig~ole for additional months of coverage.)
The cost to the enrollee is 102% of the applicable group gross premium rate, and the
election for COBRA coverage must be made within 60 days following notification of
eligibility.
C. Deferred Compensation
The City provides employees the oppommity to contribute to two IRS Section 457
deferred compensation plans. Employees may contribute to these plans an amount up to
the maximum allowed by law. Contributions may come from employee's regular earnings
through payroll deductions, or from any mused portion of their Benefits Allowance.
D. Life and Accidental Death Insurance
The City provides for $50,000 of life and accidental death and dismemberment insurance
for all miscellaneous employees, t~ov~mge ~.,~11 i.,~,~i_ ~_.a
.... -,,,,,, cc;'cragc for b,~alth
ia.mma~. Employees may purchase additional life insurance for themselves and/or their
dependents; however, availability of additional insurance is subject to the group carrier's
requirements.
E. Disability Coverage
The City provides disability coverage, consisting of Short Term Disability payments and
Long Term Disability insurance, to provide an employee with income protection if the
employee becomes totally or partially disabled from a covered illness, injury, or pregnancy.
Short Term Disability payments are available to employees only within the first six months
from the date of any qualifying condition. Long Term Disability Insurance is available to
employees beginning six months after the date of any covered condition subject to the
proxns~ons of the group insurance plan. For new employees, eligibility for Short Term
Disability payments begins no sooner than six months after the date of hire, while
enrollment in the group insurance plan is effective on the first day of the month following
the date of hire. Coverage under the group insurance plan continues for all employees until
the last day of the month following the month in which an employee separates from the
City service.
Short Term Disability Payments - The City will pay 75% of an employee's full salary and
maintain existing insurance benefits, subject to eligibility requirements, for an employee on
disability leave, for six months from the date of injury/illness. Short Term Disability
payments will commence only after 12 continuous working days during which the
employee is totally disabled, or when all accrued leave is exhausted, whichever is later.
For employees injured on the job and who become eligible for Industrial Injury Leave,
Short Term Disability payments will commence upon exhaustion of one-half of accrued
leave, and will be coordinated with any Workers Compensation benefits paid to the
employee.. In addition, employees on Industrial Ir0ury Leave may supplement Workers
Compensation/Short Term Disability payments with their remaining accrued leave to
realize up to their full salary.
Long Term Disability Insurance - The City provides Long Term Disability Insurance
through a group policy which covers two-thirds of an employee's salary up to $3,000 per
month ($2,000 coverage). Employees whose salaries exceed $3,000 per month may
purchase additional coverage through the group policy, however availability of additional
~nsurance is subject to the group carder's requirements. It is incumbent on an employee
who incurs a disability to file for coverage through the group policy as soon as he/she
believes that he/she may be entitled to receive benefits under the policy. Failure to apply
for coverage shall in no way result in the City becoming obligated to make additional
payments to an employee beyond any Short Term Disability payments for which an
employee is eligible.
No disability coverage will be extended to an employee unless the employee is regularly
seen and treated by a physician. Upon malting a claim for disability benefits, an employee
must provide a medical history statement and a physician's statement of disability. Upon
retum to work, a doctoffs certificate is required which states either that the employee has
recovered fully and is able to perform regular work, or the limitations under which the
employee may remm to modified duty or pan-time work. If the employee returns to work
on a pan-time basis during the first six months of a covered disability, the City will
supplement the employee's pan-time salary with Short Term Disability payments in the
amount necessary to provide the employee with full salary, provided however that any such
Short Term Disability payments do not exceed 75% of the employee's regular salary.
Employees who become pregnant will be entitled to disability benefits only for the period
of time that the employee is actually disabled fi.om work as with any other disability.
F. Dental Insurance
Effective July 1, 1999, the monthly Benefits Allowance provided for in Section XIII A shall
be increased by the amount of the City's contribution on behalf of each employee towards
a dental insurance plan offered through Prudential Dental. The amOUnt of the City's
contribution shall be based on each employee's enrollment status in the plan and shall be
equivalent to the full plan premium for each employee. Coverage under the plan shall begin
and end as does coverage for health insurance. Employees who decline coverage in the
plan shall receive an additional benefits allowance of $25 per month. The benefits
allowance for dental insurance for permanent pan-time employees will be prorated in
proportion to the number of hours worked.
G. Section 125 Plan
The City will make available to all employees the option of enrolling in a Section 125
flexible benefits plan (Cafeteria Plan). Under the-plan, employees may deduct from their
earnings up to the maximum allowable amounts per calendar year for health care
reimbursement and/or dependent care reimbursement. For the health care portion, these
deductions allow employees to use pre-tax dollars to pay for eligible out-of-pocket
expenses not covered 100% by insurance and not reimbursable by any other source. For
the dependent care portion, employees (and their spouses, if married) with children may
use pre-tax dollars to pay for eligible dependent care expenses.
Under the plan, employees also have the option of using pre-tax dollars, through payroll '
deductions, to pay for required premium contributions to City insurance plans.
LEAVE
A. Annual Leave
All regular and probationary employees will accrue annual leave at the following rate:
First 60 months of employment
61 st through 120th month
121 st month and beyond
22 days (176 hours) per year
27 days (216 hours) per year
32 days (256 hours) per year
All employees begin accruing annual leave atter their date of hire. New employees may not
use annual leave during their first six months of employment except for illnesses and other
circumstances approved by their respective Department Heads. Annual leave is to be used
for all time offfrom work except for Jury Duty, Maternity, Military, or FMLA (Family and
Medical Leave Act) Leave.
An employee On disability leave shall only be entitled to accrue annual leave within the six
month period after the date of injury/illness, and only if annual leave is being used by the
employee. Accrual of annual leave shall be at a rate proportional to the mnount of annual
leave being used by the employee.
An employee on Industrial Injury Leave shall be entitled to accrue annual leave at a rate
proportional to the amount of annual leave being used by the employee.
Upon exhaustion of all annual leave, employees on c;the~' disability leave or Industrial
Injury Leave shall no longer accrue annual leave.
All use of annual leave is to be scheduled in advance and approved by a supervisor except
in the case of illness or other emergency. On the first day of each absence due to illness, an
employee shall notify his or her mediate supervisor within 30 mutes of the beginning of
the workday, and call in each successive day unless prior notice has been given that a more
lengthy absence is expected.
In the event that an employee is absent from work due to illness for more than five
consecutive work days, the employee must file a written statement from a physician
certifying that 1) the employee's condition prevents him or her from performing the duties
of the position, and 2) the employee is or will be sufficiently recovered from the illness to
allow return to work on a specified date. When absence is for more than two work days
but less than five, an employee may be required to file a physician's certificate at the
discretion of the Department Head. In all cases, the cost for the doctor's visit only (not
accompanying medical treatment) as required, not covered by the employee's insurance
program, .will be paid by the City.
9
Each January the City will pay each employee for his/her accrued annual leave in excess of
520 hours as of December 31. Employees who have accrued annual leave in excess of416
hours may request payment for any hours between 416 and 520. In all cases, payment for
accrued annual leave shall be at one-half the employee's regular rate of pay as of December
31, which is a continuation of the current practice that considers half of the accrued annual
leave to be vacation leave and the other half to be sick leave.
Upon separation from the City service, one-half of an employee's accrued annual leave will
be considered vacation leave and will be paid out at the employee's regular rate of pay.
When an employee voluntarily resigns from employment, no annual leave may be used
between the time notice of resignation is given and the employee's last day of work unless
authorized by the City Manager.
Upon retirement from the City, an employee has the option to COnsider all of his/her
accrued annual leave as sick leave for the purpose of obtaining additional service credit
under PERS. If an employee does not choose this option, then one-half of the accrued
annual leave shall be considered vacation leave for pay out purposes, and the other one-half
as sick leave which shall be applied to obtain additional service credit under PEPS.
Holidays
The City observes the following paid holidays:
(1) New Year's Day
(2) Martin Luther King's Birthday
(3) President's Day
(4) Memorial Day
(5) Independence Day
(6) Labor Day
(7) Columbus Day
(8) Veteran's Day
(9) Thanksgiving Day
(10) Day after Thanksgiving
(11) Christmas Eve
(12) Christmas Day
(13) New Year's Eve
January 1
34 Monday in January
34 Monday in February
Last Monday in May
July 4
1~ Monday in September
2~ Monday in October
November 11
4~ Thursday in November
Friday after Thanksgiving
December 24
December 25
December 31
Ifa holiday falls on a Saturday, the preceding Friday will be observed. Ifa holiday falls on-
a Sunday, the following Monday will be observed. In those years in which one of the
Christmas and/or New Year's holidays falls on a weekend, the Friday preceding the
weekend and the Monday following the weekend shall be observed as holidays.
Ifa holiday occurs when an employee is using annual leave, the holiday will not be charged
against the employee's annual leave balance.. In order to receive holiday pay, an employee
must be on the payroll on the last regularly scheduled work day preceding the holiday and
the first regularly scheduled work day following the holiday.
10
An employee on Disability Leave shall only be entitled to receive holiday pay within the six
month period at~er the date of injury/illness. If the employee is using annual leave when the
holiday occurs, payment for the holiday shall be prorated to the amount of annual leave
being used. If the employee is receiving Short Term Disability payments when the holiday
occurs, payment for the holiday shall be at 75% of the employee's regular rate of pay.
An employee on Industrial Injury Leave shall be entitled to receive full holiday pay within
the six month period af[er the date ofinjury/'fllness. Aider six months, holiday pay shall be
prorated to the amount of annual leave, if any, being used by the employee.
C. July Duty Leave
Employees who are called for jury duty COntinue to receive full pay and benefits for that
period of absence. Fees received for jury duty, less documented expenses, shall be remitted
to the City.
D. Military Leave
An employee in a reserve COmponent of the armed forces of the United States is entitled to
temporary military leave not to exceed 180 calendar days during any period of ordered duty
for active military training. An employee who has been employed by the City for at least
one year immediately prior to the day on which the absence begins is entitled to receive full
salary and benefits during the first 30 calendar days of such temporary military leave, in
addition to whatever pay is received from the federal government for training. Pay for such
purposes shall not exceed 30 days in any one fiscal year.
E. Industrial Injury Leave
This is leave for an on-the-job injury or illness. Beginning on the date of injury/illness, the
City shall pay an employee's full salary for up to the first three COnsecutive workdays of any
absence due to any one injury or illness. In the event that such leave exceeds three
consecutive workdays, the employee shall be entitled to Workers Compensation benefits as
prescribed by law. In addition, the employee may use annual leave to supplement Workers
Compensation benefits up to his/her full salary. An employee on Industrial Injury Leave
will COntinue to receive full City paid insurance benefits (medical, dental, life, and long term
disability) for up to 12 months from the date of injury/illness.
In the event that an employee suffers an injury or illness on the job, whether or not medical
treatment is necessary, he or she must advise the supervisor at once and fill out an
employee claim form. An employee must also indicate on their time card any time off
taken due to an on-the-job injury or illness, or for related follow-up medical appointments.
Upon remm to work from an Industrial Injury Leave, an employee shall provide a written
statement fi.om a doctor to his/her immediate supervisor stating that a specified number of
appointments are necessary for Workers Compensation approved treatment. This shall
occur before the scheduling of treatment begins. Employees shall be expected to the extent
possible t.o.schedule appointments for follow-up medical treatments so as to minimize the
~nCOnvemence to fellow employees and the impact on the employee's ability to perform
11
his/her job.
Maternity Leave
-.
An employee with at least six months of service may request up to one hundred twenty'
(120) calendar days leave of absence for the purpose of childbirth or postnatal care. Ail
requests for Maternity Leave must be written and shall be made to the employee's
Department Head at least one month prior to the requested date for the beginning of the
absence. The request is subject to review and final approval by the City Manager.
A physician shall verify the pregnancy at the City's request. The employee may elect to use
annual leave during Maternity Leave. Upon remm from Maternity Leave, the employee
will be reinstated to the position held at the time the leave was granted.
An employee on Maternity Leave will continue to receive full City paid insurance benefits
(medical, dental, life, and long term disability) for the duration of Maternity Leave up to
120 days.
G. Leave Without Pay
It is not the policy of the City to grant leaves of absence under most circumstances. In
cases of hardship or for other good and sufficient reasons, the City Manager may grant
leaves of absence upon written request by an employee, for a period up to 90 days. The
employee will not accrue any annual leave while on leave without pay and the leave period
will be considered as discontinuous service. During the time an employee is on leave
without pay, the City may discontinue paying for insurance benefits on behalf of the
employee, although the employee shall have the option to continue .benefits at his/her own
H. Exempt Employees
Exempt employees are paid on a salary basis. This agreement shall not be construed to
permit or require weekly salaD, reductions affecting FLSA exempt employees, except
as permitted under the FLSA.
G. Confidential Employees
The City may designate certain employees as "Confidential." Confidential employees are
privy to management decisions and related confidential information regarding
employer/employee relations. Employees designated as Confidential shall be restricted
from representing SEA on matters within the scope of representation.
12
Effective on the date of this agreement, employees occupying the following positions are
designated as "Confidemial";
Position
City Clerk
Human Resources Analyst
Office Specialist (Human Resources)
Office Specialist (Payroll Clerk)
Office Specialist (Secretary to the City Manager)
RETIREMENT (PERS)
Departmem
City Manager
Administrative Services
Administrative Services
Administrative Services
City Manager
The City is a contracting agency of the California Public Employees Retirement System
(PERS). Regular employees become members immediately upon employment and become
vested after five years. The City pays the 7% employee's contribution in addition to the City's
contribution as a contracting employer.
The City through its contract with PERS provides for additional retirement benefits including
one year final compensation, service credit at retirement for unused sick leave, survivor
continuance, and 1959 survivor benefits (Level 3) if death occurs prior to retirement.
On the date this agreement becomes effective, the City agrees to process an amendment to its
contract with PEPS to switch to the 2% at 55 retirement formula. The City agrees to pay
100% of the one-time cost to implement this contract amendment. The City further agrees to
establish a Retirement Reserve Fund on its books to ensure sufficient funds exist to provide this
benefit to all current employees through age 55, (i.e. for 35 years or through the year 2034).
Funds deposited into the Retirement Reserve Fund by the City, along with all interest accruing
thereto, shall belong to the City and shall be commingled with the City's investment portfolio.
In April of each year, the City shall review the past and projected performance of the
Retirement Reserve Fund~ along with actuarial data provided by PERS, in order to determine
the amount to be deposited into the Retirement Reserve Fund on July 1. By May 1 of each
year, the City shall report to SEA the amount of its next contribution to the Retirement
Reserve Fund along with the assumptions used to determine the contribution amount. For the
fiscal year beginning on July 1, 1999, the City shall make an initial contribution of $28,483 into
the Retirement Reserve Fund on behalf of all non-management employees.
SARATOGA CITY COUNCIL
MEETING DATE: September 20, 2000 AGENDA ITEM:
ORIGINATING DEPT: Administrative Services CITY MANAGER:
SUBJECT: Ordinance Updating Article 2.45 of the Saratoga Municipal Code Pursuant to
Changes to the Purchasing Policy and Procedures
RECOMMENDED ACTION(S):
Approve second reading of Ordinance.
REPORT SUMMARY:
The City Council approved modifications to the City of Saratoga Purchasing Policy and
Procedures Manual on June 21, 2000. Staff was directed to return with changes to the Saratoga
Municipal Code that would be required to keep the Purchasing Procedures in compliance with
the Municipal Code. The Ordinance to change the Municipal Code was introduced at a public
hearing held at the regular meeting of the City Council on September 6.
FISCAL IMPACTS:
No direct fiscal impact.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S):
The Saratoga Municipal Code will not be in compliance with the City's Purchasing Policy and
Procedures.
ALTERNATIVE ACTION(S):
Direct staff to make further revisions to the Municipal Code.
FOLLOW UP ACTION(S):
Upon adoption, the Municipal Code will be updated to incorporate the changes.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Nothing additional.
ATTACHMENTS:
Attachment A: Ordinance Amending the City of Saratoga Purchasing System
Attachment A-l: Article 2.45 of the Saratoga Municipal Code
2 of 2
ORDINANCE
AN ORDINANCE AMENDING THE CITY OF SARATOGA
PURCHASING SYSTEM
THE CITY COUNCIL OF THE CITY OF SARATOGA DOES ORDAIN AS FOLLOWS:~
Section 1. Adoption.
Article 2-45 of the Saratoga City Code is hereby amended as set forth in Attachment A-1 to
this Ordinance. Text to be added to Article 2-45 is indicated in bold italic font (e.g., bold italic)
and text to be deleted from Article 2-45 is indicated in strikeout font (e.g., at~kcc, ut). Text in
standard font remains unchanged by this ordinance.
Section 2. Publication.
This Ordinance shall be published once in a newspaper of general circulation of the City
of Saratoga within fifteen days after its adoption. ..
The foregoing Ordinance was introduced at a regular meeting of the City Council of the
City. of Saratoga held on the 6~h day of September, 2000, and adopted by the following vote
following a second reading on the __ day of__., 2000:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
CITY CLERK
APPROVED AS TO FORM:
CITY ATTORNEY
MAYOR, CITY OF SARATOGA, CALIFORNIA
ATTACHMENT A Ordinance No.
Article 2=45
PURCHASING SYSTEM
Sections:
2-45.010 Adoption of purchasing system.
2-45.020
2-45.030
2-45.040
2-45.050
2-45.060
2-45.070
2-45.080
2-45.090
2-45.095
2-45.100
2-45.110
2'45.120
2-45.130
2-45.140
2-45.150
2-45.160
2-45.170
Definitions.
Exclusions from Article.
Centralized purchasing system; Purchasing Officer.
Purchase orders.
Availability of funds.
Authorization for purchase orders and contracts; emergencies.
Use of brand names.
Basis of award.
Recycled paper.
Purchases under $100.
Open market purchases.
Competitive bidding; exceptions.
Formal bidding procedure.
Request for proposals.
Inspection and testing.
Joint purchase with other agencies.
Disposal of personal property.
2-45.010 Adoption of purchasing system.
In order to establish efficient procedures for the purchase of supplies and services at the
, .... ;~ ~,~* most competitive price commensurate with operational needs, to
exercise positive financial control over such purchases, to clearly define authority for
administration of the purchasing function, and to assure thequality of supplies and services
purchased by the City, a purchasing system is hereby adopted.
2-45.020 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:
(a) Brand name means a product, item or material described by reference to its
manufacturer's name or catalogue number.
(b) Brand name or equal specification means a contract or purchase order specification
containing a brand name to describe the nature, standard of quality, performance, and other
characteristics needed to meet the City's requirements, and which provides for the
submission of equivalent products.
(c) Cost, as applied.to a single transaction for the purchase of supplies or services, means the
total amount to be expended by the City, exclusive of sales or use taxes.
(d) Supplies means and includes all materials, supplies, equipment, products, and other items
of tangible personal property.
(e) Services means and includes labor, professional services and consulting services.
ATTACHMENT A-1
Services shall not include incidental labor such as set-up, testing, and maintenance of
supplies where the primary purpose is to purchase the supplies.
2-45.030 Exclusions from Article.
The provisions of this Article shall not apply to any of the following:
(a) The award of contracts for public projects governed by the provisions~of the State Public
Contract Code or the provisions of the City's informal bidding ordinance, as contained in
Chapter 12, Article 12-15 of this Code.
(b) The award of contracts governed by any State or Federal law which prescribes a different
procedure.
(c) The granting by the City of franchises, rights, privileges, licenses or permits, including,
but not limited to, a cable television franchise granted pursuant to Chapter 4, Article 4-25 of
.this Code, a garbage collection fi'anchise granted pursuant to Chapter 7, Article 7-05 of this
Code, or a franchise for installation of facilities granted pursuant to Chapter 10, Article 10-
25 of this Code.
(d) The purchase of utilities, including, but not limited to, electricity, water, gas, or telephone
service.
(e) Employment contracts or collective bargaining agreements with any employees of the
City.
(f) The purchase of insurance, including coverage provided by any self insurance pool in
which the City is a participant.
(g) The extension or renewal of any existing contract for technical or professional services to
be performed by consultants, unless the City Council elects to award a new contract pursuant
to this Article.
(h) Contracts for technical or professional services to be performed by consultants, where the
cost thereof will be paid in advance by a person applying to the City for a permit, license or
other approval.
(i) Contracts for educational, recreational, travel or entertainment services furnished by
independent contractors or consultants, where the total cost thereof is paid by the persons
utilizing the services.
(j) Contracts for supplies or services to be fumished by any other public agency.
(k) The purchase of supplies or services made in compliance with the terms and conditions
of any grant, gift or bequest to the City that is otherwise consistent with law.
2-45.040 Centralized purchasing system; Purchasing Officer.
(a) Except as otherwise provided by this Article, all purchases of supplies and services shall
be centralized under the Purchasing Officer.
(b) The City Manager is hereby appointed as the Purchasing Officer for the City, and as such
shall have authority to:
(1) Procure or supervise the procurement of all supplies and services needed by the City, in
accordance with the procedures prescribed in this Article and any administrative rules and
regulations as may be adopted by the Purchasing Officer pursuant hereto.
(2) Exercise direct supervision over the City central stores and general supervision over all
other inventories of supplies belonging to the City.
(3) Establish or supervise the establishment of specifications for supplies and services
required by the City.
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(4) Inspect or supervise the inspection of all supplies purchased by the City to insure quality,
quantity and conformance with the specifications therefore.
(5) Prepare and adopt administrative rules and regulations not in conflict with the provisions
of this Article for the purpose of implementing the purchasing system established hereunder.
(6) Sell, trade or otherwise dispose of surplus supplies, in accordance ~with the provisions of
this Article.
(c) The Purchasing Officer may authorize any department head to investigate, solicit bids, or
negotiate the purchase or award of contracts for or services or supplies independentlv of the
centralized purchasing system, provided that all such actions shall be done in confor~nity
with the procedures prescribed by this Article or by duly adopted administrative rules and
regulations pertaining thereto.
2-45.050 Purchase orders.
Purchases of supplies or services having a cost of On~ Five Hundred Dollars or more shall
be made only by purchase orders signed by the Purchasing Officer, or Other City employees
as may be designated by the Purchasing Officer to act in his behalf. Nothing herein shall
preclude the use of authorized petty cash funds for purposes intended by their establishment.
2-45.060 Availability of funds.
Except in cases of emergency, the Purchasing Officer shall not issue any purchase order for
supplies or services unless there exists an unencumbered appropriation in the fund account
against which such purchase is to be charged. The appropriate account and funds shall be
encumbered immediately after the issuance of the purchase order.
2-45.070 Authorization for purchase orders and contracts; emergencies.
(a) The Purchasing Officer is hereby authorized to issue purchase orders and award contracts
for supplies or services where the cost thereof does not exceed Five Ten Thousand Dollars.
(b) Contracts or purchase orders for supplies or services involving a cost in excess of F'~:,e
Ten Thousand Dollars must be approved or awarded by the City Council.
(c) Notwithstanding Paragraphs (a) and (b) of this Section or any other provision of this
Article, the Purchasing Officer may purchase supplies or services having a cost in excess of
F4.v~ Ten Thousand Dollars in the event of emergency requiring the immediate preservation
of the public peace, health or safety, and precluding action by the City Council. In such
instances, the Purchasing Officer shall submit to the City Council at its next succeeding
meeting a written report describing the circumstances of the emergency, the supplies or
services purchased, and the cost thereof.
2-45.080 Use of brand names.
(a) Brand name or equal specifications may be used when the Purchasing Officer determines
that:
(1) No other design or performance specification or products list is available; or
(2) Time does not permit the preparation of another form of purchase description which does
not include a brand name specification; or
(3) The nature of the product or the nature of the City's requirements makes use of a brand
name or equal specification suitable for the procurement; or
(4) Use of a brand name or equal specification is in the City's best interests.
3 of 7
(b) Brand name or equal specifications shall state that substantially equivalent products to
those designated will be considered for award.
(c) Where a brand name or equal specification is used in a solicitation, the solicitation shall
contain explanatory language that the use of a brand name is for the purpose of describing
the standard of quality, performance and characteristics desired and is not intended to limit
or restrict competition. '
2-45.090 Basis of award.
(a) Purchases of supplies or services will be made on the basis of the bid or bids most
advantageous to the City. In addition to price, the criteria for determining the most
advantageous bid shall include, but not be limited to the following:
(1) Compliance with the bid specifications.
(2) The ability, capacity and skill of the bidder to perform the contract or provide the
supplies or services required.
(3) The ability of the bidder to perform the contract or provide the supplies or services
promptly, or within the time specified, without delay or interference.
(4) The character, integrity, reputation, judgment, experience, and efficiency of the bidder.
(5) The quality of the bidder's performance on previous purchases or contracts with the City.
(6) The previous and existing compliance by the bidder with the ordinances of the City and
applicable State and federal laws.
(7) The sufficiency of the bidder's financial resources to perform the contract or provide the
supplies or services required.
(8) The quality, availability and adaptability of the supplies or services to the particular use
required.
(9) The ability of the bidder to provide future maintenance, repair parts and services for the'
use of the supplies purchased.
(10) The number and scope of conditions attached to the bid.
(b) Where a formal competitive bidding procedure is required and the contract is not
awarded to the bidder offering the lowest price, the Purchasing Officer shall prepare and
place on file with the records of such contract a written statement of the reasons for the
award. Such statement shall be open to public inspection.
2-45.095 Recycled paper.
(a) The Purchasing Officer shall establish and maintain procedures and specifications for the
purchase of paper and paper products which give preference, whenever feasible, to the
purchase of recycled paper, and paper products containing recycled paper.
(b) The Purchasing Officer shall purchase recycled paper and paper products, instead of
unrecycled paper and paper products, whenever such recycled paper and paper products are
available at no more than the total cost of unrecycled paper and paper products, and when
fitness and quality are equal.
(c) The Purchasing Officer may provide a preference to the suppliers of recycled paper or
paper products equal to five percent of the lowest bid or price quoted by suppliers offering
unrecycled paper or paper products.
(d) The term "recycled paper," as used in this Section, shall have the same meaning as
defined in Section 10391 of the State Public Contract Code.
4 of 7
2-45.100 Purchases under $ ! ~9 $500.
The purchase of supplies or services having a cost of less than One Five Hundred Dollars
can be made without a purchase order by the Purchasing Officer or other employee of the
City having authorization fi.om the Purchasing Officer to do so. A pe~' e~h 5,..nd c~n be
2-45.110 Open market purchases.
(a) Purchases of supplies or services having a cost of One Five Hundred Dollars or more but
less than F/Seen Twenty Thousand Dollars may be made in the open market without formal
competitive bidding procedures, if authorized by either the Purchasing Officer or the City,
Council as provided in Section 2-45.070 of this Article.
(b) Open market purchases involving a cost of Five Hundred Dollars or more shall,
whenever possible, be based upon at least three informal price quotations and shall be
awarded on the basis of the price quotation most advantageous to the City. The Purchasing
Officer may solicit price quotations either orally or in writing, or may'utilize price
information on file with the City or available elsewhere.
2-45.120 Competitive bidding; exceptions.
(a) Except as otherwise provided in Paragraph (b) of this Section, all purchases of supplies or
services involving a cost of~Twenty Thousand Dollars or more shall be made by
contract awarded pursuant to the formal competitive bidding procedure set forth in Section
2-45.130.
(b) A contract for the purchase of supplies or services involving a cost of Fi~een Twenty
Thousand Dollars or more may be awarded by the City Council without competitive bidding
in each of the following cases:
(1) Where the City Council determines that the immediate preservatiofl of the public peace,
health or safety requires the purchase to be made without competitive bids;
(2) Where the supply or service required by the City can only be obtained from a single
source;
(3) Where the contract is for specialized or professional services such as, but not limited to,
services rendered by architects, engineers, auditors, attorneys, appraisers, geologists, and
other specialized consultants;
(4) Where the City Council determines that use of the competitive bidding process is
impracticable or impossible, or would not be likely to result in a lower price to the City from
a responsible bidder, or would cause unnecessary expense or delay under the circumstances;
(5) Where the City Council utilizes the request for proposal method of purchase, as set forth
in Section 2-45.140 of this Article.
2-45.130 Formal bidding procedure.
Where formal competitive bidding is required, the following procedure shall be followed:
(a) Notice inviting bids. Notices inviting bids shall include a general description of the
supplies or services to be purchased, the place where bid forms and specifications can be
obtained, the time and place for opening bids, whether a bid deposit or bond will be required,
and whether a performance bond will be required. The notice shall be pUblished at least
once, not less than ten days prior to the date set for final receipt ofbids~ in a newspaper
having general circulation in the City, and shall be posted at the City Hall location used for
5 of 7
the posting of legal notices. Notices shall also be sent to persons who have submitted a
written request to the City to be notified of such bidding opportunities, and notices may be
sent at the discretion of the Purchasing Officer to any additional persons.
(b) Bidder's security. When deemed necessary by the Purchasing Officer, .bids shall be
accompanied by a bidder's security in the form of a cashiers check, certificate of deposit,
money order, or unconditional and irrevocable letter of credit, payable at sight to the City. or
a surety bond in favor of the City, in such amount as determined by the Purchasing Officer to
be adequate for protection of the City's interests. Bidders shall be entitled to return of their
bid security; provided, however, a successful bidder shall forfeit his bid security upon failure
or refusal to execute a contract within ten days after mailing the notice of award, unless the
City is responsible for the delay. The City Council may, on failure or refusal of the
successful bidder to execute the contract, award it to the next lowest responsible bidder, in
which event, the lowest bidder's security shall be applied by the City first to the difference
between the low bid and the second lowest bid, then toward payment of any other costs,
expenses or damages incurred by the City as a result such failure or refusal, and the balance
of the security, if any, shall be returned to the lowest bidder.
(c) Bid opening procedure. Sealed bids shall be submitted to the Purchasing Officer and shall
be identified as bids on the envelope. Bids received after the deadline for submitting the
same shall not be accepted and shall be returned to the bidder unoPened. The bids shall be
opened in public at the time and place stated in the public notice. All opened bids shall be
available for public inspection during regular business hours from the time of bid opening
until the contract has been awarded by the City Council.
(d) Rejection of bids. If, in the opinion of the City Council, none of the bids is satisfactory,
the Council may reject all bids and either purchase the supplies or services in the open
market or readvertise for new bids.
(e) Award of contract. Except as otherwise provided herein, a contract shall be awarded to
the lowest responsible bidder, taking into consideration the criteria listed in Section 2-45.090
of this Article.
(f) Tie bids~ If two or more bids received are for the same total amount or unit price, quality
and service being equal, and if a delay for readvertisement would not be in the public
interest, the City Council may accept the bid it chooses or accept the lowest bid made by
negotiation with the tie bidders at the time of the bid opening.
(g) Performance bond. The City Council may require that a performance bond be furnished
before entering into a contract with a successful bidder. The form and amount of such bond
shall be satisfactory to the Purchasing Officer and in compliance with the contract
specifications.
(h) Waiver of irregularities. The City Council may waive any minor irregularities in the bids,
based upon a determination that the same have no material impact upon the bidding process
or other bids. submitted.
(i) No bids. If no bids are received in response to the notice inviting bids, the City council
may proceed to purchase the supplies or services without further competitive bidding.
2-45.140 Request for proposals.
(a) The City Council may utilize the request for proposal method of purchasing supplies or
services upon a determination that competitive bidding is not practical or advantageous to
the City because:
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(1) Quality, capability, performance or qualification is overriding in relation to price; or
(2) Delivery, installation, service, maintenance, reliability or replacement is overriding in
relation to price; or
(3) In the opinion of the City Council, the marketplace will respond better to a solicitation
permitting a range of alternative proposals or evaluation and discussion of proposals before
entering the contract.
(b) Proposals shall be solicited in such manner as directed or approved by the City Council.
The identity of persons responding to the request for proposals and the content of proposals
submitted to the City may be kept confidential during the process of negotiation and until a
contract is awarded.
(c) The request for proposals shall state evaluation factors. Discussions may be conducted
with responsible offerors and revisions to proposals, based upon such discussions, may be
accepted.
(d) The contract award shall be based upon the proposal determined by the City Council to
be most advantageous to the City, taking into consideration price and the evaluation factors
set forth in the request for proposals.
(e) The City Council may reject any and all proposals if such rejection is deemed to be in the
best interests of the City. The Council may thereupon direct that proposals be solicited or
utilize any other purchasing method set forth in this Article.
2-45.150 Inspection and testing.
The Purchasing Officer shall inspect, or cause to be inspected, all deliveries of supplies or
services to determine their conformance to specifications set forth in the purchase order or
contract. The Purchasing Officer shall have the authority to require any tests necessary to
determine quality and conformance with specifications.
2-45.160 Joint purchase with other agencies.
Notwithstanding any other provision of this Article, the Purchasing Officer may issue a joint
purchase order together with any other city, county, or public agency in the State for the
purchase of supplies or services, provided the specifications for such supplies or services
have been approved by the Purchasing Officer if the cost thereof is less than F'~een Twenty
Thousand Dollars, or by the City Council if the cost thereof is F'~een Twenty Thousand
Dollars or more, and provided further that at least one of the other agencies has solicited or
advertised for bids in a manner similar to the applicable procedures set forth in this Article.
2-45.170 Disposal of personal property.
The Purchasing Officer shall have authority to dispose of personal proPerty of the City
which cannot be used by any department or has become obsolete or worn out. The
disposition may be accomplished by negotiated sale, public auction, exchange or trade in for
other supplies or, upon a determination by the Purchasing Officer that the property has no
commercial value, by abandonment, destruction or donation to a public body or a nonprofit
charitable or civic organization. The disposition of any property having a value of F'~ve
t4uadmd Two Thousand Dollars or more shall first be authorized by the City Council.
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SARATOGA CITY COUNCIL
MEETING DATE: September 20, 2000
DEPT: Community Development
PREPARED BY: //~/~,
AGENDA ITEM:
CITY MANAGER:
DEPT HEAD:
SUBJECT: Update of the City's General Plan Circulation and Scenic Highway Element
RECOMMENDED ACTION:
Review the draft documents, take public testimony and then continue the item to the October 4,
2000 meeting for final consideration.
REPORT SUMMARY:
Community Development Department staff is updating the Circulation and Scenic Highway
Element of the City's General Plan. This document will act as the City's long-range traffic
management plan. It was last updated in 1983. The update is intended to assess existing traffic
conditions and to develop a goals and policies document to address changed conditions. An
environmental initial study and subsequent Negative Declaration have been prepared for this
project pursuant to the California Environmental Quality Act guidelines. The initial study
concludes that the Element update will not result in significant adverse impacts on the environment.
Staff began this project last Fall 1999 with advertised community workshops. The objective of the
workshops was to generate public interest and comment on what the Element should include, while
still complying with California General Plan mandates. Following these meetings, the traffic
consultants for the project, Fehr and Peers Associates, began their data collection and traffic counts
needed to develop the draft document. The draft Element was then readied and presented to the
Public Safety Commission at their April 13 public meeting. Requesting more time to review the
document, staff scheduled a second meeting for May 11. Following public and Commission
discussion at the May 11 meeting, the PSC voted to recommend approval of the document to the
City Council.
The Planning Commission reviewed draft copies of the Circulation and Scenic Highway Element at
their May 16 public study session meeting and their May 24 regular public meeting. Requesting
more time to review the document, and a greater effort to generate public involvement with the
process, the Commission and staff agreed to schedule two additional heahngs. The June 14 hearing
was a receive-comment only meeting and then a revised draft set of Goals and Policies were
prepared for a final July 26 public study session meeting. The Planning Commission voted
unanimously at that meeting to recommend approval of the General Plan amendment and
Circulation and Scenic Highway Element update and the environmental Negative Declaration to the
City Council.
FISCAL IMPACTS:
None at this time. Specific Circulation and Scenic Highway Element policies may result in
capital project funding decisions in the future.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
Circulation and Scenic Highway Element update would not be adopted and the current Element
would remain in effect.
ALTERNATIVE ACTION:
Not applicable.
FOLLOW UP .ACTION:
Staff will incorporate any necessary changes to the draft documents and present these to the City
Council for final consideration at the October 4, 2000 meeting.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
A notice of the proposed General Plan amendment and Circulation and Scenic Highway Element
update and the environmental Negative Declaration has been published in the Saratoga News and
has been mailed to all adjoining jurisdictions, all regional traffic management agencies, all local
service providers and the State Office of Planning and Research. OPR serves as the regional
clearinghouse to further distribute notification of the project to interested agencies.
In addition to this noticing, announcements were mailed to subscribers of the City Council and
Planning Commission agendas, homeowners associations, all City Commissioners, community
and business groups, school boards and clergy. Several articles and News Brief announcements
have also been published in the Saratoga News for this project since last Fall. Lastly, an
announcement was mailed to every household in Saratoga via the City's newsletter encouraging
residents to attend the September 20, 2000 City Council meeting and to share their comments.
ATTACHMENTS:
1. New Correspondence
2. Environmental Initial Study and Negative Declaration
3. July 21, 2000 Memorandum - Response to Comments
4. Draft Circulation and Scenic Highway Element
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To: Mr. James Walgren
Mr. Chuck Page
Saratoga Planning Commission
Re: Circulation Element
I understood by our last meeting that the final Circulation Element, with additions
decided in our final public meeting including cover letter and introduction changes,
would be received by the Planning Commission before it is forwarded to the City
Council. I would like to know when we will be receiving the final copy.
My minority comment I would like included would be that I do not feel this
Circulation Element gives enough treatment to school generated traffic. I feel that
mOre proactive solutions that could be explored through cooperation and
involvement with school districts, private organizations and the city's leadership
have been omitted in a traffic and parking issue that is already accute in many
neighborhoods.
I would also like my letter on Commissioner Roupe and Barry's comments that I
emailed to members of the Planning Commission June 19 (enclosed) forwarded to
the council as that letter was not included in our packet of correspondence on this
issue.
Lisa Kurasch
26 August 2000
1. New
Correspondence
Saratoga Planning Commission
Saratoga, California
I see in the newspaper that there is a study about the traffic throughout the city. Looking
at the Circulation Element book, I notice that there is no mention of a very obvious part of
Saratoga traffic. That is the shuffle f~om the college to numerous entertainment centers
like Villa Montalvo and Vasona Lake City Park, I think there was one mention on page 14
that traffic was greatly aided at Villa Montalvo by college parking and shuffle service. But
the decrease in Villa Montalvo traffic is matched by an increase around the college which
includes the already worst 0evel E) area in the city. The newspaper says that the college
"level E" traffic is only a week-day problem. Not so, include Saturdays and Sundays too.
These events include numerous presentations at the V. M. amphitheater (1150 seats);
V.M. lawn shows (2000 seats), and at the Vasona facility (3000 seats). There is no concert
parking at Vasona so all of it has to go through the college parking-shuttle service.
This is a worst traffic situation than if the concert were held at the college stadium. There
would be just as many cars coming in and later going out of the college parking lots in
either case. But now there is the additional fleet of shuttle buses on the streets. I think that
the people that did this stu ~dy should look at this situation either with Charlie Musselwhite
on September 1 (}th or Kenny G on September 24th.
I don't understand why the guaranteed movement of thousands of cars is not included in a
city traffic report. It may be a problem; it may not be a problem, but it should at least be
acknowledged.
You wanted citizen input, hope this will help.
ENVIRONMENTAL INITIAL STUDY
AND NEGATIVE DECLARATION
Prepared For
City of Saratoga
May 2000
Project Description:
Community Development Department staff is updating the Circulation and Scenic Highway Element of the City's
General Plan. The document will act as the City's long-range traffic management plan. It was last updated in 1983.
The update is intended to assess existing tra£fic conditions and to develop a goals and policies document to address
changed conditions
Project Location:
Citywide
Applicant:
City of Saratoga
Lead Agency:
City of Saratoga
Community Development Department
13777 Fruitvale Avenue
Saratoga, CA 95070
City o£ Saratoga
Circulation and Scenic Highway Element
2.Env. Initial
study & Neg.
Declaration
CONTENTS
1. Environmental Evaluation/Checklist
2. Negative Declaration
City of Samtoga
Circulation and Scenic Highway Element
ENVIRONMENTAL ISSUES
(see attachments for information sources)
Potentially Potentially Less Than No
Significant Significant Significant Impact
Impact Unless Impact
Mitigation
Incorporated
a) Conflict with general plan designation or zoning? . [] [] [] ·
[] [] [] ·
b) Conflict with applicable environmental plans or policies
adopted by agencies with jurisdiction over the project?
c) Be incompatible with existing land use in the vicinity?
d) Affect agricultural resources or operations (e.g., impacts to
soils or farmlands, or impacts from incompatible land
uses)?
e) Disrupt or divide the physical arrangement of an
established community (including a low-income or
minority community)?
[] [] [] ·
[] [] [] ·
[] [] [] ·
a) Cumulatively exceed official regional or local population
projections?
b) Induce substantial growth in an area either directly or
indirectly (e.g., through projects in an undeveloped area
or extension of major infrastructure)?
c) Displace existing housing, especially affordable housing?
[] [] [] ·
[] [] [] ·
[] [] [] ·
· , resu!tinorexp0sePeop!etopgtentialTtmpacts involving(',,. ,,, ·
a) Fault rupture?
b) Seismic ground shaking?
c) Seismic ground failure, including liquefaction?
d) Seiche, tsunami, or volcanic hazard?
e) Landslides or mudflows?
[] [] [] ·
[] [] [] ·
[] [] [] ·
[] [] [] ·
[] [] [] ·
City of Saratoga
Circulation and Scenic Highway Element
ENVIRONMENTAL ISSUES
(see attachments for information sources)
Potentially Potentially Less Than No
Significant Significant Significant Impact
Impact Unless Impact
Mitigation
Incorporated
f) Erosion, changes in topography or unstable soil conditions
from excavation, grading, or fill?
g) Subsidence of the land?
h) Expansive soils?
i) Unique geologic or physical features?
[] [] [] ·
[] [] [] ·
[] [] [] ·
[] [] [] ·
a) Changes in absorption rates, drainage patterns, or the rate and amount of surface runoff?
b) Exposure of people or property to water related hazards []
such as flooding?
c) Discharge into surface waters or other alterations of surface []
water quality (e.g., temperature, dissolved oxygen, or
turbidity)?
d) Changes in the amount of surface water in any.water body? []
e) Changes in currents, or the course or direction of water []
movements?
f) Change in the quantity of groundwater, either through []
direct additions or withdrawals, or through interception
of an aquifer by cuts or excavations, or through
substantial loss of groundwater recharge capability?
g) Altered direction or rate of flOW of groundwater? []
h) Impacts to groundwater quality? []
i) Substantial reduction in the amount of groundwater []
otherwise available for public water supplies?
[] [] ·
[] [] ·
[] [] ·
[] [] ·
[] [] ·
[] [] ·
[] [] ·
[] [] ·
a) Violate any air quality standard or contribute to an existing
or projected air quality violation?
b) Expose sensitive receptors to pollutants?
[] [] [] ·
[] [] [] ·
City of Saratoga
Circulation and Scenic Highway Element
ENVIRONMENTAL ISSUES
(see attachments for information sources)
Potentially Potentially Less Than No
Significant Significant Significant Impact
Impact Unless Impact
Mitigation
Incorporated
c) Alter air movement, moisture or temperature, or cause any
change in climate?
[] [] [] ·
d) Create objectionable odors? [] [] [] ·
a) Increased vehicle trips or traffic congestion?
b) Hazards to safety from design features (e.g., sharp curves
or dangerous intersections) or incompatible uses (e.g.,
farm equipment)?
c) Inadequate emergency access or access to nearby uses?
d) Insufficient parking capacity on-site or off-site?
e) Hazards or barriers for pedestrians or bicyclists?
f) Conflicts with adopted policies supporting alternative
transportation (e.g., bus turnouts, bicycle racks)?
g) Rail, waterborne, or air traffic impacts?
[] [] [] ·
[] [] [] ·
[] [] [] ·
[] [] [] ·
[] [] [] ·
[] [] [] ·
[] [] [] ·
a) Endangered, threatened or rare species or their habitats [] [] [] ·
(including, but not limited to, plants, fish, insects,
animals, and birds)?
b) Locally designated species (e.g., heritage trees)? [] [] [] ·
c) Locally designated natural communities (e.g., oak forest, [] [] [] ·
coastal habitat, etc.)?
d) Wetland habitat (e.g., marsh, riparian'and vernal pool)? [] [] [] ·
e) Wildlife dispersal or migration corridors? [] [] [] ·
City of Saratoga
Circulation and Scenic Highway Element
ENVIRONMENTAL ISSUES
(see attachments for information sources)
Potentially Potentially Less Than No
Significant Significant Significant Impact
Impact Unless Impact
Mitigation
Incorporated
a) Conflict with adopted energy conservation plans? []
b) Use non-renewable resources in a wasteful and inefficient []
manner?
c) Result in the loss of availability of a known mineral []
resource that would be of future value to the region and
state residents?
[] [] ·
[] [] ·
a) A risk of accidental explosion or release of hazardous
substances (including, but not limited to, oil, pesticides,
chemicals, or radiation)?
b) Possible interference with an emergency response plan or
emergency evacuation plan?
c) The creation of any health hazard or potential health
hazard?
d) Exposure of people to existing sources of potential health
hazards?
e) Increased fire hazard in areas with flammable brush, grass,
or trees?
[] [] [] ·
[] [] [] ·
a) Increases in existing noise levels?
b) Exposure of people to severe noise levels?
[] [] [] ·
[] [] [] ·
XL PUBLIC-SERVICES. Would the,proposal::haVe aneffect upon,~pr result m a need for new or:,al~ed~govemment
a) Fire Protection? [] [] [] ·
b) Police Protection? [] [] [] ·
c) Schools? [] [] [] ·
City of Saratoga
Circulation and Scenic Highway Element
ENVIRONMENTAL ISSUES
(see attachments for information sources)
Potentially Potentially Less Than No
Significant Significant Significant Impact
Impact Unless Impact
Mitigation
Incorporated'
d) Maintenance of public facilities, including roads?
e) Other governmental services?
[] I-I [] ·
[] [] [] ·
a) Power or natural gas? []
b) Communications systems? []
c) Local or regional water treatment or distribution facilities? []
d) Sewer, septic systems, or wastewater treatment and []
disposal facilities?
e) Storm water drainage? []
f) Solid waste materials recovery or disposal? []
g) Local or regional water supplies? []
[] [] ·
[] [] ·
[] [] ·
[] [] ·
[] [] ·
[] [] ·
[] [] ·
a) Affect a scenic vista or scenic highway?
b) Have a demonstrable negative aesthetic effect?
c) Create adverse light or glare effects?
[] [] [] ·
[] [] [] ·
[] [] [] ·
a) Disturb paleontological resources?
b) Disturb archaeological resources?
c) Affect historical resources?
d) Have the potential to cause a physical change which
would affect unique ethnic cultural values?
[] [] [] ·
[] [] [] ·
[] [] [] ·
[] [] [] ·
City of Saratoga
Circulation and Scenic Highway Element
ENVIRONMENTAL ISSUES
(see attachments for information sources)
Potentially Potentially Less Than No
Significant Significant Significant Impact
Impact Unless Impact
Mitigation
Incorporated
e) Restrict existing religious or sacred uses within the [] [] [] ·
potential impact area?
a) Increase the demand for neighborhood or regional parks or [] [] [] ·
other recreational facilities?
b) Affect existing recreational opportunities? [] [] [] ·
a) Does the project have the potential to degrade the quality of
the environment, substantially reduce the habitat of a
fish or wildlife species, cause a fish or wildlife
population to drop below self-sustaining levels, threaten
to eliminate a plant or animal community, reduce the
number or restrict the range of rare or endangered plants
or animals, or eliminate important examples of the major
periods of California history or prehistory?
b) Does the project have the potential to achieve short-term, to
the disadvantage of long-term, environmental goals?
c) Does the project have impacts that are individually limited,
but cumulatively considerable? ("Cumulatively
considerable" means that the incremental effects of a
project are considerable when viewed in connection with
the effects of past projects, the effects of other current
projects, and the effects of probable future projects.)
d) Does the project have environmental effects which will
cause substantial adverse effects on human beings, either
directly or indirectly?
[] [] [] ·
[] [] [] ·
[] [] [] ·
City of Saratoga
Circulation and Scenic Highway Element
On the basis of this initial evaluation I find the proposed project COULD NOT have a significant effect on the
environment, and a NEGATIVE DECLARATION will be prepared. The Circulation and Scenic Highway
Element update provides for Goals, Policies and Implementation Measures to reduce traffic impacts already
felt by the community. The document does not contain any Goals, Policies or Implementation Measures that
are growth inducing or traffic inducing. If the document measures are carded out and completed, traffic
impacts will be reduced. If the document measures are not carded out, traffic conditions will remain the same.
Suggested physical improvements to roadways are noted as potential means to mitigate future anticipated
· traffic congestion that would occur as regional populations increase. If and when any of these potential
improvements are pursued, project specific environmental analysis would need to be done' to assess that
particular project's impacts.
DTA2,~E0 - _
JAMES C. WALGREN, AICP
COMMUNITY DEVELOPMENT DIRECTOR
City of Saratoga
Circulation and Scenic Highway Element
City of Saratoga
NEGATIVE DECLARATION
Declaration That Environmental
Impact Report Not Required
The undersigned, Director of Community Development and Environmental Control of the CITY OF SARATOGA, a
Municipal Corporation, after study and evaluation, has determined and does hereby determine pursuant to the applicable
provisions of the Environmental Quality Act of 1970, Section 15063 through 15065 and Section 15070 of the California
Administrative Code, and Resolution 653 of the City of Saratoga, and based on the City's independent judgment, that the
following described project will have no significant effect (no substantial adverse impact) on the environment within the
terms and meaning of said Act.
Project Description:
Community Development Department staff is updating the Circulation and Scenic Highway 'Element of the City's
General Plan. The document will act as the City's long-range traffic management plan. It was last updated in 1983.
The update is intended to assess existing traffic conditions and to. develop a goals and policies document to address
changed conditions
Project Location:
Citywide
Name and Address of Proponent:
City of Saratoga
Community Development Department
13777 Fruitvale Avenue
Saratoga, CA 95070
Reason for Negative Declaration
The proposed project could not have a significant effect on the environment. The Circulation and Scenic Highway
Element update provides for Goals, Policies and Implementation Measures to reduce traffic impacts already felt .by the
community. The document does not contain any Goals, Policies or Implementation Measures that are growth inducing
or traffic inducing and will not cause significant environmental impacts pursuant to the terms of the Environmental
Quality Act.
Executed at Saratoga, Califomia this
day of ,2000.
JAMES C. WALGREN, AICP
COMMUNITY DEVELOPMENT DIRECTOR
City of Saratoga
Circulation and Scenic Highway Element
MEMORANDUM
To.'
From:
Date:
Subject:
James Walgren, City of Saratoga
Sohrab Rashid, Fehr & Peers Associates
July 21, 2000
Responses to Comments on the Circulation and Scenic Highway Element 995-182
Fehr & Peers Associates, Inc. has prepared responses to comments on the May 17, 2000
Background Report and Draft Goals, Policies, and Implementation Measures Report. Our
responses and copies of the submitted letters and memoranda are attached.
May 29, 2000 Letter from Norman Martin to James Walgren
Summary:
Besides a .single reference to the Circulation Element and Neighborhood
Traffic Management studies in the introductory paragraph, this letter
comments on the Prides Crossing Study currently underway.
Response: No response required.
May 23, 2000 Comment List from Dora Grens to James Walgren
Comments are identified on attached copy of letter.
Response 1'
The text on Page 1 states that the City "maintains an on-going effort to
eliminate sight distance limitations' caused by trees and shrubs or by structures
built before recent setback standards were implemented." These efforts
include actions to prone vegetation, remove structures, or install traffic control
devices. Implementation Measure CI.6.11 requires a sight distance analysis to
ensure adequate site access for all new development.
Response 2:
In }he near future, control of Saratoga-Sunnyvale Road south of the freeway is
will be relinquished from Caltrans to the City of Saratoga. At that time, the
City will address operational and safety issues at this location using the same
July 21, 2000
Memorandum
Response 3:
Response 4:
Response 5:
Response 6:
Response 7:
Response'8:
Response 9:
Response 10:
Response 11:
process similar as for other City intersections. No improvements are currently
planned. The reference to split accesses is not clear.
Comment noted. The "collector" designation for Pierce Rbad will be retained
in the Circulation Element update.
Most of the traffic counts were conducted in September and October of 1999.
Daily counts from 1998 were used at several locations. The specific count
dates are shown on the data sheets in the Technical Appendix to the
Background Report.
The Saratoga-Sunnyvale Road/Pierce Road intersection was not analyzed as a
key intersection for Citywide circulation. Intersections were selected for
analysis in consultation with City staff. Several other intersections of
collector streets on Saratoga-Sunnyvale Road including Herriman Avenue and
Reid Lane were also not included.
As noted in the text, the speed limits represent most major and minor arterial
streets. The second paragraph under Roadway Segment Operations refers
specifically to Pierce Road as having lower capacity. ~Additional text will be
added to clarify speed limits.
The Roadway Segmentidentified in Table 3 refers to the location of the daily
traffic count. The daily volume south of Surrey Lane is not expected to vary
substantially from the count shown in Table 3.
Based on observations and discussions with City staff, the volume of truck
traffic on Pierce Road is not considered significant. Problems with vehicle
code violations (e.g., speed, crossing into oncoming lanes) is an enforcement
issue and outside the scope of the Circulation Element. Roadway
classifications are designated based on the physical characteristics of the
roadway segment and the character of the associated traffic. The "collector"
designation for Pierce Road will be retained in the Circulation Element
update.
Traffic from events at the Mountain Winery uses both Big Basin Way and
Pierce Road. The text on Page 14 will be revised to acknowledge this
statement. As noted in previous responses, the "collector" designation for
Pierce Road will be retained in the Circulation Element update.
Text describing future light rail service has been added to Chapter 4: Future
Conditions on Page 32 under Improvements to Other Travel Modes.
A double yellow line prohibits passing by any vehicles on most of Pierce
Road. Figure C-5 has been revised so that Pierce Road and Mt. Eden Road
Response 12:
Response 13:
Response 14:
Response 15:
Response 16:
Response 17:
Response 18:
Response 19:
Response 20:
Response 21:
are not City-designated bicycle routes. Although numerous cyclists use Pierce
Road, the designations were removed so as not to imply that they were
recommended bicycle routes.
Development and maintenance of City trails described in the Parks and Trails
Master Plan are required by several policies and implementation measures in
the updated Circulation Element. Specifically, Policy CI.5.5 requires that the
City assures "implementation of the City's trails system by requiring trail
dedication, construction, and a method of trail maintenance pursuant to the
Parks and Trails Master Plan as part of the subdivision or site approval
process." The City Council is responsible for following the policies they
adopt in the Circulation Element.
Vehicular traffic is temporarily delayed by train crossings at several locations
in the City. However, train crossings are very infrequent and do not have a
significant impact on overall travel on a regular basis.
Comment noted. The "collector" designation for Pierce Road will be retained
in the Circulation Element update.
See Response 5.
The detailed feasibility of the potential improvement has not been evaluated at
this time. Encroachment into the orchard to provide an additional left turn
lane would likely require an area of land approximately 12 feet wide by 200
feet long. This encroachment would leave the remainder of the orchard intact
and would in no way lead directly to development of the orchard site.
Comment noted.
Comment noted.
The designation of a highway as scenic does not preclude truck traffic. Truck
travel is required throughout the City to deliver or pick-up materials at both
residential and commercial sites (e.g., moving vans, deliveries to grocery
stores and restaurants). Truck routes are designated to assure that large
vehicles use only specific streets except when making a local delivery or pick-
up.
Comment noted.
Implementation of the proposed trail system is dependent on several factors
including funding and dedication of land from developments. Specific
schedules for implementation are not included in the Circulation Element.
3
Response 22:
Response 23:
Response 24:
Response 25:
Response 26:
Response 27:
Response 28:
Response 29:
Response 30:
Response 31:
Response 32:
Response 33:
Designation of a roadway as scenic can help to control the intensity and
location of adjacent development. Numerous scenic roadways include views
of single-family homes. However, these roadways also provide "vista" views
or special views of the natural terrain.
It is possible that a new or expanded library or community center could result
in significant operational impacts at an intersection. However, the benefit of
these community uses could be considered by the City Council as more
important than the projected additional travel delay.
For example, driveway access to a large shopping center should be focused on
the adjacent major street (e.g., Saratoga-Sunnyvale Road) and not an adjacent
collector street. Some patrons might use the collector street as a "short cut"
through an adjacent neighborhood.
Appropriate travel speeds (i.e., 85th percentile speeds) on local and collector
streets are typically less than 30 miles per hour and volumes are typically less
than 3,000 vehicles per day. Detailed volume and speed thresholds will be
identified in the City's forthcoming Neighborhood Traffic Management plan.
An example of this is the intersection of a collector street and a major street
where the collector street-may have to be widened to add a separate turn lane,
or a second receiving lane.
Projects are required to mitigate their environmental impacts through the
California Environmental Quality Act (CEQA) process. The City can also
require transportation improvements as part of the issuance or renewal of use
permits.
The improvements listed under Implementation Measure CI.2.26 would
enhance safety and are not intended to provide additional capacity.
The text on Page 30 has been revised to .address the impacts of truck traffic.
Operations of trucks will be governed by local law enforcement and is outside
the scope.of the Circulation Element.
See new text under Implementation Measure CI.3.6.
Comment noted.
The overall feasibility of the proposed multi-use trail is currently being
evaluated. The costs for the trail will likely be shared amongst several
jurisdictions and partially covered by federal and/or state funding.
Text has been modified.
4
Response 34:
Response 35:
Response 36:
Response 37:
Response 38:
The feasibility of the example improvement has not been evaluated at this
time. Lane widths may need to be modified or right-of-way acquisition could
be required. Thus, modification of the textis not recommended.
Text has been modified.
Comment does not correspond to identified text.
Comment noted.
The "collector" designation for Pierce Road will be retained in the Circulation
Element update.
September 22,
Summary:
Response:
1999 Letter from Elmer Szanto to James Walgren
The letter refers to specific data for streets in the Prides Crossing area of the
City, and a request to close Miller Avenue is also included.
Issues regarding appropriate travel speeds and daily traffic volumes will be
incorporated into the City's forthcoming Neighborhood Traffic Management
(NTM) plan. The NTM plan will be a product of the Prides Crossing Study
currently underway. The Circulation Element update does not recommend
closure of Miller Avenue. Any street closures or other traffic management
measures will be identified as part of the Prides Crossing study.
May 18, 2000 Letter from Dave and Mary 0 'Connor to Community Development
Department
Summary:
The letter addresses the section of Saratoga Avenue between Fruitvale Avenue
and Saratoga-Sunnyvale Road. The commentor requests additional traffic
controls along this segment, and requests lowering or increasing enforcement
of the speed limit. The commentor expresses concerns about the potential
expansion of the school t Sacred Heart Parish.
Response:
Changes in traffic controls and speed enforcement on City streets will
continue to be processed through the City'.s Public Safety Commission and
Public Works Department. The need for traffic signals to allow additional
gaps in traffic is evaluated by the City and can be quantified using warrant
criteria published by Caltrans. The Circulation Element update includes
specific policies related to transportation impact analysis studies
(Implementation Measure CI.2.20) and additional studies to ensure adequate
site access.
June 19, 2000 Letter from Planning Commissioner Lisa Kurasch to Planning Commission
Response 1
A policy regarding the degradation of roadway operations from current levels
has been added to the draft Circulation Element and includes a requirement
for public review to present the details of the corresponding transportation
analysis. The current draft Circulation Element includes a policy citing LOS D
as the minimum acceptable operating level. Use of LOS C as the operating
standard could require additional right-of-way and would increase the amount
of pavement at some locations, which decreases the attractiveness of
alternative modes such as bicycling and walking.
Response 2:
The draft Circulation Element includes a policy that requires the development
of an Neighborhood Traffic Management (NTM) Plan that identifies
candidate locations and presents a process for evaluating, funding and
implementing traffic calming measures. Street designation (i.e., functional
roadway classification) is one criterion for evaluating the need for traffic
calming measures. However, each location will be evaluated separately by
City staff, the Planning Commission, and the City Council. An introduction
to the goals, policies, and implementation measures section will be developed
based on the ideas presented in the Eugene Street Plan.
Comments from Planning Commissioner Lisa Kurasch
Response
Comments noted. A vision statement will be added to the document and the
final circulation element. The text introducing the goals, policies and
implementation measures will also be modified.
Response 2:- Text incorporated.
Response 3: Text incorporated.
Response 4: Text incorporated.
Response 5: Text incorporated.
Response 6: Text incorporated except for "extensive regulations."
Response 7:
Comments noted. The use of loop roads and cul-de-sac streets in Policy
CI.2.9 (formerly 2.7) could be a result of the City's Neighborhood Traffic
Management (NTM) plan.
Response 8: Text incorporated except for "throughout the community."
Response 9: Text incorporated except "Interconnect" changed to "Design" and "dispersal"
changed to "distribution."
6
Response 10:
Response 11:
Response 12:
Response 13:
Response 14:
Response 15:
Response 16:
Response 17:
Response 18:
Response 19:
Response 20:
Response 21:
Response 22:
Response 23:
Response 24:
Response 25:
SuggeSted text already incorporated in Circulation Element.
Suggested text already incorporated in Circulation Element and Public Works
roadway standards.
Text incorporated.
Text incorporated.
Appearance is not necessarily an indicator of the function of a street.
Connectivity, traffic control devices, and travel distance are the primary
factors for non-local traffic.
Text incorporated.
Suggested text already incorporated in Circulation Element.
Text incorporated.
Text incorporated.
The NTM guidelines are intended to be applied Citywide to ensure uniform
application of traffic management measures. Although the type of measures
implemented in each area of the City may vary, the menu and process for
evaluating the need for measures should be consistent. Text revised only to
include the word "reduce." NTM measures may also be applied to collector
and residential arterial streets.
This is inherent in the need to update the Circulation Element.
Text incorporated.
Text incorporated.
Text incorporated.
Text incorporated.
The reduction of school-generated trips is primarily the responsibility of
school districts. The Circulation Element includes policies under the transit,
bicycle and pedestrian sections that involve the City. Including a trip
reduction goal in the Circulation Element is not recommended since school
trips are not controlled by the City.
Response 26:
Response 27:
Response 28:
Response 29:
Response 30:
Response 31:
Response 32:
Response 33:
Response 34:
Response 35:
Response 36:
Text incorporated.
Text incorporated.
Pedestrian only crossing signals should be installed atthe discretion of the
City Public Works Department. New policy to prioritize pedestrian crossing
safety has been added.
Text incorporated.
Text incorporated.
Text incorporated.
Policy already removed.
Text incorporated except for slow traffic. This is not an aesthetics issue.
Text incorporated.
Text incorporated.
Text incorporated.
dune 13, 2000 letter from Patricia Steinfurth to dames Walgren
Response 1:
Response 2:
Response 3:
Response 4:
An interchange on SR 85 at Quito Road is not being considered as a
resolution. The analysis in the Circulation Element Background Report was
completed to assess potential traffic reductions at the Saratoga Avenue
interchange.
Comments noted. The City's forthcoming Neighborhood traffic Management
plan will address specific circulation problems in residential areas.
See Response 2.
Comments noted.
dune 13, 2000 letter from Edward Long to dames Walgren
Summary: The commentor states that traffic operations on Quito Road in the vicinity of
Pollard Road are currently acceptable and a new interchange at SR 85 would
Response:
exacerbate this problem. The commentor also requests that the City abandon
further discussion of the proposed interchange.
The analysis in the Circulation Element Background Report was completed to
assess potential traffic reductions at the Saratoga Avenue interchange. No
recommendation to construct a new interchange is being made at this time.
Any City action to pursue additional freeway access would undergo extensive
public and environmental review.
June 14, 2000
Summary:
Response:
letter from Peter Wohlmut to James Walgren
The commentor states that traffic conditions in and around the Saratoga
Woods neighborhood has been negatively affected by the opening of SR 85
and by cut-through traffic avoiding the Saratoga Avenue/Cox Avenue
intersection. The letter also includes several recommendations for traffic
improvements to Saratoga Avenue that will enhance access and safety in the
vicinity of Westview Drive.
The City's forthcoming Neighborhood Traffic Management plan will address
specific circulation problems in residential areas. Some of the
recommendations (e.g., pavement striping) could be considered for
implementation by the City's Public Works Department.
July 1, 2000 letter from Jane Mark (Santa Clara County Parks and Recreation Department)
to dudi Crowley
Response 1: Comments noted. The City's Parks and Trails Master Plan was adopted in
1991 and includes all planned trail easements within the City limits.
Response 2:
The Circulation Element update includes goals, policies, and implementation
measures that call for improvements to the City's overall bicycle system,
adoption of a set of design standards for bicycle facilities, and encouraging
bicycle use as an effective alternative travel mode. Designated bicycle facility
classifications are also included.
June 8, 2000 Letter from Planning Commissioner George Roupe to James Walgren
Response 1: The proposed designation for Saratoga Avenue between SR 85 and Fruitvale
Avenue has been changed from minor arterial to major arterial.
Response 2: Adoption of the Circulation Element by the City Council would include
adoption of the proposed classification system (see Figure C-2). Any
9
Response 3:
Response 4:
Response 5:
Response 6:
alteration of this map would require review by the apprOpriate City
commissions and approval by the City Council. An individual development
project would not likely require a change in classification for a given street.
Over time, an increase in traffic may warrant implementation of neighborhood
traffic management measures to reduce traffic to an acceptable level. Only if
these measures were ineffective or infeasible should a classification change be
considered.
The Planning Commission has the ability to add a policy that would define a
significant impact when the addition of traffic from an individual development
project that degrades level of service by one level (LOS A to B, LOS B to C,
etc.). This trigger could be used to require public review. Thus, the identified
impact would have to be mitigated by increasing street capacity, or the
proposed development project may have to be denied. The use of LOS C as
the City standard can be a recommendation of the Commission.
Text incorporated.
Text incorporated. ·
Comments noted.
May 18, 2000 Letter from Planning Commissioner Cynthia Barry. to James Walgren
Response 1:
The vision of a City must always be guided by the attainability of that vision
through the goals, policies, and implementation measures of the General Plan.
The reality for Saratoga is that, although it is a community that is rural in
character, it is located within the more urban environment of the southern San
Francisco Bay Area. The reliance of most residents on automobile travel and
the greater impact of substantial through traffic volumes leads to increased
vehicular demand and congestion on most major City streets. Although LOS
C is a desirable goal, it would require substantial infraStructure and right-of-
way costs to achieve and may not be attainable based on projected travel
demand over the next 10 to 15 years. Providing additional street capacity to
maintain LOS C would require additional pavement and would, in fact,
negatively impact the City's rural character. The City has used LOS D as a
guideline for evaluating traffic impacts of individual developments, which is
consistent with other South Bay cities including Cupertino, Los Altos, Los
Gatos, and Sunnyvale among others. The characteristics of LOS D at an
intersection include minor delays and temporary queuing on some approaches,
but overall operations are still considered generally acceptable to drivers and
no long-standing queues are formed.
10
Response 2:
Functional classification is based on both the physical layout of a roadway
(i.e., pavement width and pedestrian facilities within the right-of-way) and the
land uses located on both sides of the street. Some streets can be categorized
easily while others exhibit characteristics of two classifications. To use your
example: Miller Avenue experiences traffic volumes and vehicle speeds that
exceed "tolerable" levels according to some residents of the Prides Crossing
neighborhood. To classify this street as a minor arterial because of the daily
traffic volume or average speed would potentially preclude certain measures
to "calm" traffic, and the designation may allow more traffic to be added. The
appropriate course of action is for the City to identify the type of street Miller
Avenue should be (e.g., a residential collector) in the Circulation Element, and
then to implement specific improvements to reduce traffic volumes and speeds
to an appropriate level. These measures may include traffic calming, signal
timing improvements on adjacent streets, and increased traffic enforcement.
Response 3:
The specific issues raised by community meeting participants were used to:
(1) better describe the existing transportation system, and (2) help to formulate
the goals, policies, and implementation measures in the Circulation Element.
For example, the numerous comments on school-related traffic resulted in the
development of specific policies and measures designed to increase public
awareness and enhance coordination between the City and the various school
districts. The inclusion of the community meeting minutes in the Background
Report documents each suggestion and enters them into the public record.
However, specific requests (e.g., installation of traffic signals or stop signs at
a given location) would typically be evaluated and implemented through the
City's existing planning and Capital Improvement Program processes.
Separate from the Circulation Element, the City has the discretion to require
that each suggestion be followed up by the appropriate City department staff.
Periodic review and updates of the Circulation and Scenic Highway Element are conducted
when the transportation system baseline changes substantially (e.g., with SR
85) or when the planned land uses will significantly change future travel
demand and/or operation. No specific deadline is required or has been set for
the' current update.
Memorandum
Response 1:
from Planning Commissioner Cynthia Barry to dames Walgren (Proposed
Changes to Circulation Element)
Level. of service (LOS) is a standard method used by transportation planners
and traffic engineers to describe traffic operations in terms of driver
perception. Almost all jurisdictions have an LOS guideline or standard that
guides planning decisions and is used to evaluate significant traffic impacts.
The volumes and speed data described in the Background Report do not
specifically refer to level of service.
11
Response 2:
Response 3:
Response 4:
Response 5:
Response 6:
Response 6-A:
Response 7:
Response 8:
The LOS letter designations are used to represent various ranges of delay and
are loosely comparable.to a grading system that is used in schools. The use of
a term such as .LOS-Delay would be introducing new terminology not
currently used in transportation planning., and is not recommended. By not
accepting worse levels of service at certain locations, the City could
potentially be legally required to provide improvements to provide acceptable
levels of service at all intersections regardless of cost or right-of-way impacts.
Roadway classifications are based on both the street design, as well the
fronting land uses (i.e., how a road functions). Functional roadway
classification is a standard term used by transportation planners and traffic
engineers. No change to this term is recommended.
Additional sub-categories could be added at the request of the Planning
Commission. Only a select few streets in the City could likely be designated
as a commercial or business collector.
The process of identifying a circulation Problem in residential neighborhoods
will be addressed in the City's forthcoming Neighborhood Traffic
Management plan. Use of a Descriptive Grid is one method of evaluating
.neighborhood traffic issues.
A policy in the Circulation Element update specifically calls for coordination
with local school districts to develop Suggested Route to School maps. These
maps would be used to aid parents in choosing appropriate travel paths for
their children to walk or bicycle to school. Separate maps for business centers
could be developed by the City independently. These maps would not have to
be included as part of the General Plan to be effective tools. In addition,
minor modifications to each map (if adopted as part of the Circulation
Element) could involve a lengthy public and City commission review process.
Development of potential shuttle routes is outside the scope of the Circulation
Element. Potential routes would be developed as part of the feasibility study
identified as an implementation measure in the Circulation Element.
An implementation measure has been added to address the varied uses' in the
vicinity of the Fruitvale Avenue/Allendale Avenue and Saratoga
Avenue/Fruitvale Avenue intersections. It should be noted that the future
traffic analysis shows that the Fruitvale Avenue/Allendale Avenue
intersection is projected to operate at LOS C or better during both peak
periods in 2025.
The text under the section entitled Potential New SR 85 Interchanges was
revised based on the recommended changes. The revised text is as follows:
12
Response 9:
Response 10:
Response 11'
Response 12:
Response 13:
Response 14:
Additional detailed studies would have to be conducted to fully evaluate the'
impacts of a new freeway interchangeiil;~i'i~X~i~e phbli~:' ~d
~v~enta~i~ew;;w~u~d::~e:req~i~ed~i!~Based:;i~i~pr%edent~set:by~appr~a~
6 f ~e~S~toga ~fifi~::~t~h~~:~i~ion: :~}~y fi~.~intereh~g~ ....
These results indicate that there ~o a ~ill:.be substantial volume of future traffic
on arterial streets that needs to access the freeway bUt. iica~o[.because~.6f
~6hgesti6~!i~t:~?~ih~reh~ges. Thus, the Prospect Road ramps are not
expected to provide a significant benefit for the Saratoga Avenue interchange
based on 2025 traffic forecasts. However, they will provide better additional
freeway access and reduce traffic on nearby arterial streets.
Quito Road
As noted in Response 5, use of a Descriptive Grid is one method of evaluating
neighborhood traffic issues. However, a classification system is required to
identify which traffic management (i.e., traffic calming) measures are
appropriate for a given street type.
A policy for the City to develop and implement is already included in the
Circulation Element Update.
Text incorporated.
Text incorporated. The Circulation Element by itself does not encourage
growth and has been written to accommodate growth (most of which is
expected to occur outside the City). The Planning Commission can
recommend inclusion of operating policies and standards that would be more
restrictive to future growth.
Policies have been modified but not deleted. New policy regarding LOS
degradation has been added.
Policy revised to include the word "Manage." Reference to increasing flow on
a case-by-case basis would occur through the typical review conducted by the
Public Works Department.
13
Response 15:
Response 16:
Response 17:
Response 18:
Response 19:
Response 20:
Response 21:
Response 22:
Response 23:
Response 24:
Response 25:
The Neighborhood Traffic Management plan will include the details of the
review process and the required involvement of various City staff.
Policy has been modified. Increasing street capacity would require public
review because of potential environmental impacts.
Policy removed. Funding for improvements needed to accommodate
cumulative traffic would likely come from several sources (e.g., City, federal,
state, developers). A Citywide traffic impact fee to obtain full funding from
developers is not considered feasible given the limited number of new
developments planned within Saratoga.
The driveway policy is intended to limit the number of driveways on arterial
streets. Numerous driveways create additional conflict/friction points and
reduce the overall "through" capacity.
The 50-vehicle threshold was developed in consultation with the Community
Development Department and is consistent with previous studies.
The order of policies is based on the types of facilities they address (i.e.,
arterials first, followed by collector and local streets). This order could be
modified by the Planning Commission.
Text incorporated.
Text incorporated except for "pursue." Suggested change made by
Commissioner Kurasch is considered more specific. The Commission should
review this language.
It is considered more appropriate to include this specific task as a directive to
City staff from the Planning Commission or City Council.
This is already included under Policy CI.5.18.
Roadway design classifications are an integral part of implementing traffic
management measures. In addition, classifications are not changed to
accommodate traffic. As noted in Response 8, changes to freeway access
would likely require a Citywide vote for approval based on the precedent set
by approval of the Saratoga Avenue interchange.
As currently presented, the Circulation and Scenic Highway Element by itself
is not expected to result in significant impacts. Policies are included
acknowledging that some City intersections may operate at lower levels of
service primarily because of through traffic. Even if future land use in the
City were intensified or through traffic increased eVen more dramatically that
14
estimated, traffic management suggested in Comment 24 by itself would not
be sufficient to mitigate expected impacts. In addition, new interchanges were
assessed in the Background Report and are not proposed for adoption as part
of the element. Only preservation of the right-of-way is included as a policy,
which is not expected to have significant environmental impacts.
15
rIA ' ,3 0 200O
B y:?L.~... ..............
GOOD GOVERNMENT GROUP
James Walgren, Director,
Community Development
City of Saratoga
13777 Fruirvale Ave.
Saratoga, CA. 95070
May 30, 2000
CC:
Dear Director Walgren,
The attached:memorandum, "Subject: Prides Crossing Traffic Calming Studies", has
been prepared by Norm Martin, a resident of Prides Crossing and a member of the GC_,-G Board
of Directors. During our monthly business meeting on May 23,'we reviewed and discussed both
the Circulation Elemem Report and this specific study of traffic in the Prides Crossing Area.
We are concerned that the contractor, CCS's apparent nonconformance with the terms of the
statement of work in their contract with The City, may result in ineffective traffic calming and
control methods throughout Saratoga. Since the study effort in Prides Crossing is to be a model
for other neighborhoods, it is imperative that this study be accomplished in a complete and
professional manner.
Traffic is high on the list of concerns among citizens of Saxatoga. We urge you to take
whatever actions necessary to make this instant study a viable tool for the future.
Thank you for your continued responsiveness.
en T. Roten, President
CitY coUnciI --
Planning cOmmission
Public Safety Commission
THE GOOD GOVERNMENT GROUP
OF ~ARATO~A, CAUFOI~NIA, INC.
P.O. BOX 371
SARATOGA, CA 95071-0571
O00Oi.l.
May 29, 2000
To James Walgren:
Subject: Prides Crossing Traffic Calming Studies
At the Safety Comm~ee Meeting oh May 11, 2000, the Planning Commission preliminary public
hearing on the Dra_~ Circulation Elemeat on May 16, 2000, and the Plamaing Commission Meeting of May
24, 2000, there seemed to be a general agreement by the respective Commissioners .that the subjec~ study
would be an addendum to the CirCUlation Element and would serve as a model for Neighborhood Traffic
Management (NTM) studies and solutions in other parts of Saratoga. For this study to be a model, it is
important that the data used for this study be accurate and relevant to the proposed solution. The area
covered by this study is shown on the accompanying Figure 1..
At the Initial Workshop (Task 2 of the Contract), the neighborhood' members in attendance were most
concerned about the speed and volume of traffic in the 2 particular areas subject to the through traffic:
a). On Miller Ave. between Northampton Dr. and Brockton LN. because it collects thru traffic from
Seully, Miller, Titus, aad Northampton.
b). Homes Dr. because it collec~ thru traffic from the existing collector street Brook Glen Dr. and to
some extent from Titus - a proposed collector ~.reet in the Updated CirCUlation Elemem.
These are the 2 entrance/exit street,~ connecting to the Cox arterial street for this area compared to 7
entrance/exit streets connecting to the Prospect arterial street.
When the Data Gathering ( Task 1 of the Contract) was started on May 4, the contractor, CCS, ignored
the Initial Workshop comments and placed the counters, shown on Figure 1, at locations that did not
address These problem areas.
A).The one on Miller was placed approxirnazely 210 feet south of the Stop sign at Melinda Circle- a
location not being capable of measuring representative speexts and volume of traffic bel~,veen Northampton
and Cox Ave.
B). The one on Titus was placed approximately 120 feet south of the Christa McAuliffe parking lot
ctriveway- again not in a location to measure representative speeds farther south along Tkus.
C). There was no counter placed on either Glen Brook Dr.- a designated collector street which funnels it
traffic into Homes Dr.- or on Homes Dr. itself.
After these shortcomings were poimed out at the above Safety Commission Meeting, new coumers were
placed at the ]vraller recommended location, but no measuremems were made relating to the Homes Dr.
tra~c. The question arises as to what data will be used for the calming devices on Homes Dr.
The Field :Workshop ( Task 3) is scheduled for June 10, 2000 at Christa McAuliffe school at which time,
according to the contract, "CCS is to present lhe results of data collection, a sunm"mry of public inptn at
the initial workshop, emergency vehicle inputs, and a draf~ calming plan which will be described as a "straw
man concept to start the discussion". A "straw man" concept, shown on ]Figure 2 was already presented to
the Safety Commission by CCS atthe May I l meeting without the review and comments of the residents.
When the Chairman of the Safety Commission asked what was meant by "straw man", the CCS presenter
replied that "it was something to throw darts at". This did not represent a thorough anaJysis of the dam,
and a first dra~ plan based on the data gathered, but instead a random display of the use of their calming
tools for display on certain streets. Considering the tinting of their presentation, it appears that the
contractor could have made little or no evaluation of their data collection in making this "straw man"
presentation. Hopefully, a new "straw man" concept based uPOn actual data will be prepared for the June
! 0e meeting.
Task 6 of the oontract calls for a "Tool Kit" that among other things requires that "this task will result in
development of a trai~ calming workbook for application to any neighborhood in Saratoga". Considering
000012
thc performance to date, it is of great concern that the contractor'has the competency to produce a traffic
calming plan for this area that meets ali of the Tasks set forth- especially the Task 6 which the above
commissioners are depending upon to be aa adjunct to the Circulation Element to solve the local area
waffle problems.
It is recommended-tha! the terms of this contract be reviewed with CCS and that CCS be directed to meet
ali of'the requirements of this contract in a professional manner for the development of the subject study as
a model for future NTM studies. If there are insufficient funds to get adequate data, the funding should be
increased to the amount originally allocated by the council to complete this study. From the comments of
the Planning Commissioners at the/VJay 24 meeting, it seemed to be the consensus that the Circulation
Element would only se~ the genera] policies and goals of tm/tic management of the City and that the NTM
guidelines would specificaUy identify the process for evaluating, funding, and implementing traffic calming
measures to m/tigate h/gh traffic volumes and travel speeds on City streets caused by cut-through traffic. If
th/s study is to be the basic model for NTM guideiines,/t is ve~ important for aU of the City areas that this
be done adequately.
Thank You,
Norma~ J. ~a.,'~ '
12524 Miller Ave. saratoga, CA
Telephone: 253-7230
E-MAIL: njmartin~.j,'uno.com
000013
Figure 1 ....
Prides Crossing Traffic Calming Area
122;12
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~VZ'~/ ~2634
1272'., .¢~ a~
Ave.
72110 12179 [.
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~een I~. Ct.
000014:
13777 FRUITVALE AVENUE · SARATOGA, CALIFORNIA 95070 · t408) 868-120o
Incorporated October 22, 1956
May 31, 2000
COUNCIL MEMBERS:
Eva:~ Ba.e:
S:~ ~ ..~ o,_2cs :a~'
,%':?: Sire::
Allen T. Roten, President
THE GOOD GOVERNMENT GROUP
P.O. Box 371
Saratoga, California 95071-0371
RE: Prides Crossing Traffic Study
Dear Mr. Roten:
Thank you for your letter dated May 30, 2000 commenting on the Prides Crossing Traffic
Calming Studies currently being performed for theCity by traffic engineering consultants CCS. As
you know, this is a separate Project fi-om the City's update of the General Plan Circulation Element
that I am managing. While the Circulation Element traffic consultants, Fehr and Peers, and myself
have been communicating with CCS and sharing traffic data with them, they are really two distinct
projects. The Circulation Element will be used as the City's long-range traffic policy document for
the entire City; the Prides Crossing study is specifically studying that neighborhood.
I wholeheartedly agree that a general model for applying traffic calming measures to any
neighborhood in Saratoga needs to be an outcome of the Prides Crossing study. My understanding
is that CCS has already been contracted to prepare this model program and is doing so as part of
that study. Any product they produce will be reviewed by City staff for completeness and
presented at public meetings. The City will not accept a model program that cannot be
implemented.
I have spoken to Mr. Martin at several of our Circulation Element meetings and have noted
the concerns raised in his letter to me dated May 29, 2000. His comments have been forwarded to
Fehr and Peers as part of the Circulation Element public input. More importantly, they have been
shared with CCS through Prides Crossing project manager Chris Kom in the City Manager's office.
I have also copied your corres, pondence to the City's traffic engineer, James Jeffi-ey.
I note that your correspondence has been copied to the Public Safety Commission. The
Public Safety Commission is the most appropriate forum to express your concerns at this point in
the project. I encourage you and all interested Prides Crossing residents to attend the June 10, 2000
Public Safety Commission workshop at the Christa McAuliffe School scheduled for 9:00 a.m.
Saturday morning to further discuss the Prides Crossing study findings.
000009
Prides Crossing Traffic Study
Page two
Please feel free to call me at (408) 868-1232 if you or anyone else from the Prides ~Crossing
neighborhood would like to discuss this matter further.
Sincerely,
Community Development Director
C:
City Council
Public Safety Commission
City Manager
City Traffic Engineer
O000&O
FAX MESSAGE
for
James Walgren and
Members of the Planning Commission
868-t280
from
Dora Grens
(FAX/phone: 867-4239)
Total number of pages: five, including face sheet
If all tho pages are not received, pis. contact me at the above number
James -
I attended the September Community meeting and left my name, address,
etc.,-assuming that was the notification list for future meetings. The only way
I knew of last Tuesday's meeting was that it was mentioned in an e-mail
about another matter from a PC member.
So,.. please accept these unintentionally late comments I really would have
liked more time to peruse the document as I have done with real-live EIRs in
the past. I would appreciateyour seeing that the PC members get copies. If
you would like to provide me w/their FAX numbers, rd be glad to send them
I had planned to scan this into e-mail, but our scanner is "ill".
Best regards,
Dora Grens
13451 Old Oak Way
Phone/FAX: 867-4239
e-mail: dgrensmarcom(~webtv, net
James - Thx. for giving me the alternate number
DB(~
000015
Page I
Page 2
Page 8
Page 11
Page 12
Page 13
Paragraph starting "Due to the hilly terrain..[.': There are many streets with sight li~'nitations -
Including actual blind spots - due to the steepness of the road. Example~;: Old Oak Way ("old'
and the extension approved for new development); Toll Gates/Saratoga Heights Rd.' Villa Oaks.
I don't find this kind of sight 'distance problem covered in this document.
Under Regulatory Agencies, first paragraph: Will ~ intersection of Pierce Road and Saratoga/
Sunnyvale Road be improved after citY takes over this segment? I could not find the awkward-
ness of the split accesses to Pierce addressed in this document. It would not conflict with the text
of Measure A, as the intersection does not add to the rural aspect of Pierce!
Bullet designated "Collectors": Pierce is listed as a collector, which is appropriate. The designa-
tion was retained in the 1983 study (although the staff wanted the."arterial" designation), in keep-
ing with the text of Measure A. It shoUld be retained now. ·
Re: "Existing Traffic Volumes". Please give the months and times of day the existing counts were
done. Previous studies have been done in the summer during non-commute hoursl
Table 2. I don't find the Pierce Road/Saratoga Sunnyvale intersection noted in this table,
First paragraph, last sentence under Roadway Segment Operations ( ..... speed limits of 35 to 45
miles per hour): Most of Pierce Road is less than 35 mph; enforcement is only sporadic.
Table 3: Pierce Road (Surrey Lane to Comer Drive). If this is meant to be representative of traffic
on "upper" Pierce, it is fallacious; many vehicles heading toward Saratoga/Sunnyvale Road turn
off at Surrey Lane.
Page 14
Truck Traffic: no mention is made anywhere in the document about 18 wheel construction trucks
- particularly dirt haulers. These vehicles are a tremendous danger in the hillsides, especially on
Pierce. We have had this problem for more than 15 years; I would Imagine it will continue for
another five or ten years. There has been little or no enforcement to prevent their speeding ancl
crossing over double yellow lines into ~the line of oncoming traffic. I sincerely hope that the
presence of these trucks is not an unWritten justification for a proposed change of the designa-
tion of Pierce from "collector street" to "arterial"; that would indeed be a travesty.'
SPecial Event/Concerts. The third sentence states that major events at the winery "affect travel
through the Village." I don't know the source of this information, but it's wrongl May I suggest that
the appropriate staff members/consultants actually sit off street on Pierce - anywhere from Sur-
rey Lane through to the winery on the day or evening of an event. The mob of traffic is particularly
frightening after concert-goers have spent an afternoon in the sun drinking wine. There is no
apparent enforcement re: speeding and/or drunk driving. Changing the designation of Pierce
from "Collector" to "Arterial" would seem to be a justification for the use of this legally protected
country road to encourage further future development of the Mt. Winery. THIS WOULD
EXACERBATE PRESENT PROBLEMS IMMENSELY!
000016
Page 15
Figure 6
Page 18
page tw~ of four
Transit: Please address the effect should the Vasona Line be constructed.
With the official designation of "bicycle route" for Pierce Road, pis. diScUss potential City liability
for inevitable accidents. A scenario that has occurred more than once: A car is traveling at the
posted speed. He comes upon a group of cyclists drifting toward the center of his lane; they will
not move. Suddenly, an 18 wheeler comes barreling down Pierce (often at 40+mph) - towa~ the
ddver, who has tried to pass the cyclists (he's still barely in his lane). Problem: the 18 wheeler
has crossed the double yellow line and is headed for the ddver of the car. Since the cyclists will
still not move, the driver has the choice of being killed by the 18 Wheeler or swerving back into the
pack of recalcitrant cyclists. This happened to a neighbor of mine; he was found to be not at
fault.' But how would the City be found, having designated this road a bicycle route?
Last paragraph, section on Pedestrian and Equestrian Facilities: .this d°esn't mention that, though
the trails exist on paper, many have not been constructed and/or maintained (see Figure 3). The
longer it takes for trails to be an actual entity, the more resistant property owners are to accept
them - even though the trails are easements on their property! Several previous City Councils
have removed paper designations from the trail system due to pressure from new property own-
ers.
Page 20
Page 25
Rail Service: .... ~'clo not significantly impact vehicular traffic." I would suggest the consultants and
the staff observe the crossings at Saratoga/Sunnyvale Road and/or Cox Avenue when a train is
crossing on a hot summer day at commute time. For that matter, try Arrroyo de Arguello. Vehicu-
lar traffic is impacted!
Traffic calming: this report suggests using traffic calming on Pierce Road - I agree that it is sorely
needed and it is appropriate on a collector street. Using these measures on a collector street that
you want to redesignate as a minor arterial is antithetical.
Table 4: Where are the predicted levels of service at the Pierce and Saratoga/Sunnyvale inter-
section?
Page 27
Page 28
Saratoga Avenue/Fruitvale Avenue: The only remaining adjacent orchard at this intersection is
the Heritage Orchard. I think you would want to think twice - or much morel - before recommend-
ing this encroachment. Several years ago, the Kerwin Ranch, with its orchard, was adjacent to
northbound Fruitvale Avenue. It has long since been a housing development.
Potential new SR 85 interchanges. Prospect Avenue: would not serve Saratoga residents well.
You might re-read the election results of the advisory which was the basis of allowing the Saratoga
Avenue interchange. ALL OTHER POTENTIAL INTERSECTIONS IN SARATOGA GATHERED
ONLY NEGATIVE VOTES.
Page 29 Last paragraph: there is planning and there is unfair planning, rm sure the property owners of
this adjacent land might keep this in court for a very long time.
000017
Page 30
page three or' four
Your last sentence uncler Truck Traffic just doesn't make sense. Highway 85 is a State Highway
segment, but truck traffic (greater than .four tons) is not allowed. I believe that Highway 9 has
been designated as "scenic', presumably precluding truck traffic. Saratoga/Sunnyvale Road will
soon no longer be a State Highway. It would have been far easier to say that, given the designa-
tion constraints, there will be no truck routes in Saratoga!
Re: local transit service - please read the once started, never completed studies from the eady
1980s.
Page 33
Page 35
Page 38
Pedestrian Facilities/Trails: "The City should ensure implementation of the proposed trail sys-
tem." This goes without saying. How and how soon?l
Re: your last sentence under 'Eligible County Roadways": Since the one-mile segment of Mt.
Eden Road that is In Saratoga is built out with mega-homes up the hillsides (with no vestige left
of a rural feeling), it would be kind of laughable to try to designate that portion of Mt. Eden Road
as a "Scenic County Roadway 'to increase the aesthetics of the area"l
Cl.2.4 - Pis. explain a circumstance in which "a proposed development that exacerbates LOS E
or F operations and causes a significant intersection impact" should be considered for approval if
it will provide a clear, overall benefit to the city. What possible benefit woulc~ that be?
CI.2.10 - pis. be quite specific. Measure A text and the Specific Plan do not encourage this
philosophy.
Page 39 Cl.2.11 - pis. give examples.
CI.2.12 - where?
Cl.2.13 - Define such a method
Page 40 Cl.2.26 - Pis. be VERY specific. You are limited in the scope of "improvements" by the text of
Measure ^.
Truck Transportation - Pis. discuss 18 wheel construction vehicles under policies and implemen-
tation.
Page 41 CI.3.6- pis, discuss enforcement
C1.4.4 - again, pis. read studies/discussions in the General Plan discussions of 81-82 and fur-
ther discussions in 82-83.
Page 42
CI.5.3 - would this be in the Union Pacific right-of-way? If so, has It been determined what the
cost of the hand would be to the City? Would it be condemned? It's a fine idea but It could prove
costly to the City (and, therefore, to the residents)
000018
page four of four
Page 43 CI.5.9 - pis. replace "Encourage" with 'Require adherence to"
Cl.5.12 - pis replace '*should" with 'shall' in the last sentence.
CI.5.13 - pis. replace *should" with "shall" in the last sentence.
Cl.5.18 - pis. replace "should' with "shall' in the last sentence
Page 45 C1.6.11 - again, pis. note my comments re: page one.
Figure C-2As previously noted, a designatioQ, of minor arterial for Pierce Road is totally inappropriate. The
discussions about Special Event/Concerts in the body of this report and at the second Commu-~
nity meeting appear to be the sole justification for this change. There is mention of a stop at
Congress Springs and Pierce, assumably to facilitate traffic from the concerts and various events.
I have to wonder how closely anyone has examined that intersection. There is a blind curve just
beyond it. Many of the "old-timers" wouldn't even recall the light was there, come zooming
around the curve through a red light (into another vehicle) - and their last probable thought might
well be, "Oh, yeah - some ....... fool. put in a red light there!'
Please - listen to residents who have lived here for years. We tried to warn the City of the effects of non-
prudent development in the Hill'sides. Darned if roads like .Villa Oaks didn't cave in - as predicted.
Please take your time and listen to the residents' comments on this initial report; we
really do knowOur City.
000019
ELMER G. SZANTO
12612 Miller Avenue
Saratoga, California 95070
(408) 255-6823
September 22, 1999
Mr James Walgren
Community Development Deparlment
City of Saratoga
13777 Fruitvale Ave
Saratoga, Ca 95070
Dear Mr Walgren:
I lead and represent a homeowners group called the Miller Avenue Traffic Committee. I speak
primarily for the homeowners between Cox and Northampton. We have been active for over five
years. There are other homeowners who have joined us ,residing north of Northampton and on
homes adjacent to Miller. Several people have unique concerns, such as the home at the southeast
corner of Cox and the home facing Sommerville.
The Section between Brockto and Northampton has a different configuration than north of
Northamptonand needs to be addressed separately. It is the longest and straightest section of
Miller and encourages speeding. In an eleven radar speed test of over 1400 vehicles the 852
percentile speed ranged from 35 to 39 mph and presents a serious safety hazard.
The street design also brings in more traffic through this section because the flow from seven
streets entering from Prospect exist at Cox. The 1995 post 85 freeway count was 3,867 vehicles
per day, a 41% increase from the pre freeway count.
A license plate check showed well over 56% are cut through traffic. This check counted only
northern bound vehicles that exited at Prospect and not at the other six exist.
In a letter tO Larry Perlin, Willdan Associates, a traffic engineering consultant was asked to
comment on the Miller traffic situation. On of their remarks was the environmental capacity of a
residential street is 2,000 vehicles per day at which "the quality of life is compromised". Their
letter also showed the guidelines of two southern California cities where 60% and 65% of the
traffic exceeds 25mph, then the city owes corrective actions. On Miller the figure is 92%.
I suggest the Community Development Department incorporate these guidelines into the
Circulation Element.
The traffic situation has been compounded when the City of Saratoga did not honor the previous
Circulation Element when the unjustly allowed Brookglen to close offtheir street at Cox. The
residents petitioned to keep traffic from flowing to and fi'om Cox. In an early forecast the General
Plan showed that of the combined traffic of Brookglen and Miller, Brookglen would get 48% and
Miller 52%. Evidently all or most of Brookglen's traffic was diverted to Miller because the City
did not uphold the Circulation Element. Many of us purchased our homes believing the City
would protect the residential character of our streets.
In considering the above and other information our homeowners overwhelming want Miller closed
off at Brockton. Miller can still remain a 'collector street' and expert traffic engineers can devise
means for the local traffic to move in and out of Prides Crossing.
00002
Closing offa street is nothing new. I'm sure there are many such situations. I recently
revisited Washington Street in Mt. View at the boundary of Sunnyvale. This street was
closed off by Mt. View to prevent Sunnyvale traffic from cutting through their residential
street to reach highway 237. This has been in effect for over five years.
Our street has become an arterial for commuters and commercial vehicles because of City
actions and inactions. Our street is not representative of the residential character the City
promotes. Our life styles are impacted, we are confronted by ever increasing safety hazards
and our homes have been devalued.
The City of Saratoga owes our homeowners correction actions and it can start with the
· Circulation Element.
Sincerely,
Elmer Szanto
Copies to: Stan Bogosian, mayor pro tem
MATC members
000022
Dave and Mary O'Connor
13818 Saratoga Avenue
Saratoga, CA 95070
Home Phone 408-867-0577
May 18,2000
Community Development Department
City of Saratoga
13 777 Fruitvale Avenue
Saratoga, CA 95070
RE: MAY 24 PUBLIC HEARING ON TRAFFIC MANAGEMENT PLAN
To whom it may concern:
Since we are unable to attend the May 24 public hearing, I am attaching.copies of my June 30, 1999 letter to John
Cherbone and my July 10, 1999 letter to Nick Streit. If there is a record of the public heating, I would like to request
that this correspondence be made a part of that record.
With respect to traffic congestion along the length of Saratoga Avenue between Fruitvale Avenue and Saratoga
Village at Big Basin/Highway 9, our primary concerns are unchanged:
1.) More traffic controls are required along this section of Saratoga Avenue to regulate flow and to allow safe access
from adjacent side streets and driveways.
2.) The speed limit should be lowered and/or be more consistently enforced, especially in the area where the road
curves near the Sacred Heart Rectory.
In addition, we have recently been informed that Sacred Heart Parish has applied for a permit to expand its physical
plant. This request was initiated pritnarily by the addition of a preschool in 1999. I understand that the application is
being handled by Eric Pearson in the city's Planning Department. Since an increase in enrollment is the fundamental
cause for the suggested expansion, I assume that a traffic study would be an important part of this procedure. I hope
that the City of Saratoga would conduct an all encompassing traffic study of this highly impacted area, rather than
rely solely upon a traffic study commissioned and submitted by the parish. Regardless of the number of additional
students involved, the total amount of traffic generated by Sacred Heart Parish on any given day contributes to a
larger problem entailing an already overburdened section of roadway.
We would appreciate it if you would keep us advised of any change to the city's traffic management plan as it
pertains to the above-referenced portion of Saratoga Avenue. In addition, I would like to request that residents of
affected areas be provided with written notices well in advance of any future heatings. Thank you for your time and
attention.
Sincerely,
Mary . O Connor
Enc.: 2
CC: John Cherbone
Bill Norton
00005
(4O$) ~?-0~??
13818 Saratoga Avenue
Saratoga, CA 95070
June 30, 1999
John Cherbone
P,~blic Works Director
City of Saratoga
13777 Fruitvale Avenue
Saratoga, CA 95070
Dear Mr. Cherbone:
I am writing to you regarding traffic flow and controls on Saratoga Avenue between Fruitvale Avenue and the ¥~fllage
of Saratoga at Big Basin. A.¢ yot~ know, there are no traflt¢ controls along this sa'etch of Saratoga Avenae. As a
fifteen year resident ofthe City of Saratoga at this same address, 1 am aware that this situation has previously been
considered. In my opinion, it is time to revisit this issue..Although from an aesthetic point of view traffic controls in
this area may be undesirable to some, I believe that public safety now mandates additional regulation.
During the past two years, I have observed a steady in,ease in the numbe~ of vehicles along this portion of Saratoga
Avenue. I am home during the day and often walk and drive the area in question at various hours. I have noticed that
there is now a steady stream of traffic throughout the day. Due to the proximity of Sacred Heart School, Saint
Andrews School, Saratoga Library, Saratoga City O~e~ and Commanity Center, Saratoga Post Office, West Valley
College, Saratoga High School, and Highway 85, there are .obvious and understandable fluctuations in the flow of
tra~¢ during the course of the day and during commute hours. In addition, I am sure that the City has been informed
that Saeced Heart S~hool will be increasing Rs ~arottm~t this fall ~th the addition ora preschool. Even if the
preschool hours are staggered, this will result in yetanother source of tragic in the vicinity.
The traffic volume problem is exacerbated by the number of:drivers consistently exceeding the posted speed limit in
this area. I have observed that periodic attempts by the Sheriff's Department to enforce the speed limit have resulted
in temporary imlar~ems at best. The area wher~ the road curves near the Sa~ed Heart Church Rc~'tory is
particularly hazardous.
At times, i~ can be quite chall,mging to enter Saratoga Avenue in ~th~ diroaion from adjacent drNe~ays and side
streets. In particular, the intersection of Herriman and Saratoga Avenue is a real problem. I often use Herriman for
access to and from S~e-Saratoga Road. With the expanding usage at this site, I believe that a tnaffi¢ signal is
now necessary. At the very least, a three way stop should be implernented prior to the start of the next school year.
However, a traffic signal, properly integrated with the timing of'the signals at Fruitvale Avenue and Big Basin, would
be the best solution. Tiffs wot~Id allow for better regdiation of the flow oftra~c over the entire span of the road.
Although my son does not attend school within the City, and his schedule permits him to avoid the worst of the
problems, I am fearful for the safety of the other young people who are exposed to the dangers accompanying this
increased traffic volume. Throughout the area in question, there are elementary, junior high, high school, and college
students walking, biking, driving and being driven. Their safety and that of others requires a reconsideration of the
t~c controls and regulation between Fruitvale Avenue and Big Basin.
Thank you for your attention to this matter.
Sincerely,
/ ,J: /
Mary E O'Connor
cc: Larry Perlin, City Manager
000006
Mary L O'Cenner
Home Phone (408) 867-0577
13818 Saratoga Avenue
Saratoga, CA 95070
July 10, 1999
Councilman Nick Streit
City of Saratoga
13777 Fruitvale Avenue
Saratoga, CA 95070
Dear Mr. Streit:
It has come to my attention that you are soliciting input regarding development of the Heritage Orchard area near the
Saratoga Library. Therefore, I am enclosing a copy of my recent correspondence to the City Public Works Director,
Mr. Cherbone, which was copied to Mr. Peflin. I believe that this addresses the issues with which you are concerned.
Traffic at the Saratoga Avenue and Fruitvale Avenue intersection is already difficult to negotiate. Unfortunately, I
have seen numerous accidents at that location. As I am sure you are aware, there have been many attempts to
reconfigure the signs and turn lanes at that site. It continues to be a problem, and over the years, it has become an
unsightly entrance to the "Heritage Lane" portion of Saratoga Avenue. In my opinion, further development of this
area would only invite more traffic into an already Overburdened intersection.
I would suggest-that the City of Saratoga could better expend time and money in preserving, maintaining, and
upgrading existing facilities, rather than developing the sparse amount of remaining open space. Just by way of
example, the janitorial services at the Community Center are minimal at best. How can the City expand development
when it can't even maintain what it already has?
Finally, I believe that it would be an irretrievable mistake to develop the Heritage Orchard. This location is an
important part of Saratoga's history, and quite frankly, this property prevents the entrance into the heart of our city
from becoming an eyesore.
Sincerely,
Mary E. O'Connor
Enc: 1
( 00007
To: Saratoga Planning Commission - Circulation Plan
Here are my comments on the Circulation Plan that I gave to the PC June 14, as
requested, in email format. I would like to emphasize that my .street design
suggestions refer primarily to new streets associated with development, where the
most options still remain. I would ask that any commissioner's changes be added at
the end of this document so I will not need to refer back to my original pages as well
to follow them.
I found the comments by both Commissioners Roupe and Barry constructive,
'especially those Pertaining to the use of road standards, the Functional Roadway
Classification and LOS. I agree with Commissioner Roupe's recommendation to
broaden pohcy to include existing LOS and a review process for development
· projects that causes a higher level of usage or higher LOS. A policy to address this
could be: Discourage development patterns that degrade or lessen the efficiency of
adjacent collector or arterial streets from present levels. I am concerned, however, at
using a blanket LOS level as a goal,.and as low as level C as Mr. Roupe suggests.
What will that necessitate in physical improvements and costs, as well as impacts to
adjacent streets, when predicted traffic levels are much above this?
The review of street performance, or "congestion level", and the "Descriptive Grid"
suggested by Commissioner Barry would be valuable additions in this regard. They
could serve as triggers for future actions such as Neighborhood Traffic Management
studies, as well as giving a more complete picture of street performance and
improvement goals. I also share concerns over street designations and think that.
standards based on the type and function of the street, and the volume of traffic
pertaining to that type of street, is another good approach. I offered the Eugene
Street Plan as an example of one community's clear language and expression of
desired goals for street ·livability as well as function.
I look forward to the discussion of comments forwarded by Ms. Grens, the Saratoga
Homeowners Association, and other correspondence received.
Lisa ·Kurasch
19 June 2000.
cc: James Walgren
Comments from Lisa Kurasch on Circulation Element
Plain 'text = existing text
Bold text = proposed additions
An overall introduction is needed to make goals clear, such as to explain what results the city
is trying to achieve. Relative or abstract terms used are difficult to qualify, such as "adequate;
balanced; acceptable; improvement". Language from the community that acknowledges the
human side and perceived values to define streets will make the purpose of this plan more
understandable, one that recognizes streets as public spaces of shared uses and functions.
One guide to this is to set goals for technical traffic management, then include the functional
and physical characteristics of them to judge the differences between kinds of improvements.
The same goal may result in very different outcomes. For example, traffic improvement may
mean widening roads to move more quickly, or mean calming measures on existing roads;
traffic reduction may be achieved by new designs, transit, or alternative modes.
OVERALL TRANSPORTATION SYSTEM
CI.1.0 Provide a balanced transportation system in Saratoga to give mobility to all
segments of the community.
CI.1.2 Encourage development of inter-regionally based cooperation to support local and
regional transportation solutions and improvements.
STREET SYSTEM AND STANDARDS OF SERVICE
CI.2.0 Facilitate the safe movement of vehicular traffic within and through the city, taking
into consideration the environmental, historical, and residential integrity of the city to
maximize benefits and minimize adverse impacts and costs.
GOAL: For traffic management and street design, balance the efficiency of vehicular traffic
with the safety and livability of residential areas.
Design local streets to carry low traffic volumes at low speeds and to function safely while
minimizing the need for extensive traffic regulations, control devices or enforcement.
C~.2.4; Cl.2.5; and Cl.2.7 work
F- service level for city intersections
streets? Encouraging looped or cul
streets will decrease the alternative
more traffic onto already congested
improved flows. I would like to drop
contrary to each other. How can accepting a Iower-'D or
(CI.2.4) help improve traffic flows (Cl.2.5) on the same
de sac designs (CI.2.7)as opposed to connected
routes available for local traffic to get around and will Put
D or F streets, thus defeating the goal of achieving
C I. 2.7; see additions for Implementation Measures.
CI.2.6 Align and design through collector streets to minimize adverse impacts on the
character of residential neighborhoods through which they pass, while functioning
efficiently to collect and distribute traffic throughout the community.
Interconnect new local streets to reduce travel distance, promote alternative modes and
provide more even dispersal of traffic.
Evaluate new road development as a network of connectors to increase traffic flow
capacity by distributing and keeping through traffic off local streets.
Adopt Functional Classifications and design standards for major streets that address
identified safety, capacity, and mobility problems.
Focus future improvements on relieving the most congested intersections to maintain an
acceptable level of mobility for all modes of transportation. Other classifications?
CI.2.9 Strive to maintain traffic volumes and speeds on collector and local streets that are
consistent with the character of the adjacent land uses and the functions of the street, and
compatible with bicycle and pedestrian traffic.
DEsign local streets so their function is clear from their appearance in order to reduce non-
local traffic through residential streets.
CI.2.10 Protect the integrity and improve existing hillside streets by planning future
development according to existing street capacities.
Plan street capacities in future developments consistent with General Plan development
goals.
Design streets to minimize impacts to topography, riparian and wildlife corridors.
CI.2.11 Require deveiopment projects to mitigate and reduce their respective traffic and
parking impacts by implementing practical and feasible street improvements.
CI.2.24 Develop and adopt NTM Guidelines for each of the areas specified in the General
Plan to identify a process for evaluating, funding, and implementing traffic calming
measures in order to mitigate and reduce high traffic volumes and travel speeds on local
neighborhood streets.
NTM needs trigger other than requests:, pri°dtize areas for NTM according to overall city
goals as broader-focus for solutions to consider impact on adjacent areas/uses.
Reflect changes in technologies and community needs appropriate to area conditions
through future studies and updates of existing plans.
IMPLEMENTATION MEASURES
-Design new local streets with gentle curves and changes of grade.
-Align low volume streets to form three way (T).intersections when possible.
-Design low volume. streets with narrow widths and short lengths.
TRANSIT
CI.4.1 Increase the use of alternative modes of transportation by improving the capacity,
safety, accessibility and convenience of existing and planned transit, bicycle, and pedestrian
systems.
CI.4.2 Provide seating and shaded waiting areas for transit stops, with locations near
entrances of buildings.
CL4.3 Encourage the public school districts, private schools, recreation, groups or other
operators...
Reduce school generated vehicular traffic, including recreation, to 70% of total school
commute trips by promoting car pool, bus, shuttle and other alternative transportation.
CI.4.7 Improve the links of local transportation systems and alternatives such as bicycle
transport with private and public regional transit such as bus, lightrail, and Cai train.
Provide information to the public on available alternative transportation choices and
routes.
BICYCLE, PEDESTRIAN
Provide pedestrian only crossing signals where safe crossing is an identified problem.
Develop ~ plan to review and identify additional bicycle parking locations for the
downtown area.
Open ends of new cul-de sacs to accommodate bicycle and pedestrian access between uses,
Public spaces, and community areas.
AESTHETIC QUALITIES AND HERITAGE LANES
Identify areas of critical need for beautification and coordinate plans with revitalization or
anticipated development of areas such as Gateway/city entrance.
pg. 45:CI.6.8 Why are intersections "enhanced" visually -is this aesthetics?
Review the setback and landscaping requirements...and develop or enhance minimum
design standards for commercial and multi-family structures on corner lots. ~ feel this
should be. dropped and belongs in the Land-Use or Housing Element.
Design commercial area circulation to slow traffic, provide on-street parking and shade
trees, accommodate pedestrians and create inviting environments.
PARKING
CI.7.3 Encourage the location of parking lots behind buildings for commercial
development projects to emphasize buildings'connections to the street and maximize
pedestrian access and safety.
Develop programs to encourage employers to reduce free parking and increase ride
sharing, car pooling, and transit alternatives.
Establish time limits for on-street parking in commercial areas
13 June 2000
rECEIVED
JUN 1 ZOO0
Dear James Wa]glen and the Saratoga Planning Commissioners;
PLANNING DEPT.
I was very surprised and gravely disappointed to learn that.the City of Saratoga and Cai
Trans could consider an interchange on Quito Road andllighway 85. We have already
voted no to an interchange! The traffic has been increasing annually on Quito Road and
the surrounding neighborhood streets. I cannot even fathom how you could be
co,.4dering this as a resolution even without addressing our current t~affic dilemma.
The tr~dfic on Quito and Pollard has not been reduced as originally promised with the
opening oflIighway $$; it has increased. The noise generated by the freeway has not.
been corrected since its inception. Now you wish to consider adding to an already
existing problem, which has not been resolved? Currently, the traffic patterns dictate
long waits exiting and entering residential areas such as Marshall Lane, Aspesi, East and
West sides of Ravenwood Drive and Montpere. With the school traffic already generated
by Rolling Hills, Marshall Lane, Westmom and West Valley College our neighborhood
roads cannot accommodate the tnfffic flows we have now. We need traffic reducing
solutions, not traffic generating ones.
Further, it was my understanding that traffic studies were going to be pursued in and
around the residential areas of Marsha]l Lane Elementary. School. The traffic generated
and lack of consideration by the eXcessively speeding and unyielding drivers who don't
know our streets is probably impossible to comprehend unless you live with it on a daily
basis. Resolutions which have been suggested such as speed bumps or closing access to
Marshall Lane by closing Marilyn to through tra~c may be among a few viable
· solutions. If you venture into Palo Alto, Menlo Park, Mountain View or Los Gatos these
measures have been implemented and greatly enhanced the quality of life for residents
having similar traffic patterns.
I request that You address and resolve our current traffic problems surrounding our
neighborhood school that have been discussed for years and disband all discussion on
constructing an interchange on Quito Road.
Sincerely,
Patficia Steinfia'th
18606 Ravenwood Drive
Saratoga, CA 95070
June 13, 2000
RECEIVED
JUN 1 4= ZOO0
PLANNING DEPT,
City of Saratoga Planning Commission
Allendale Avenue
Saratoga, CA 95070
To Whom It May Concern:
I wish to address the issue of the proposed interchange on Quito Road and
Highway 85. The traffic from Rolling Hills School on Pollard Road to
Quito Road past Westmont Ave is already identified as utter chaos. How
can Quito Road even come under the suggestion as a site for a proposed
Highway interchange? The area from Pollard/Quito extending to and beyond
Westmont Ave is already a horrific bottleneck. An interchange on Quito
would have a negative affect on the residents on Quito Road. Presently, it is
extremely difficult and dangerous to emer and exit the driveways that lines
Quito Road. This area currently experiences tremendous backup and delays
due to the extremely heavy traffic to and from the four schools in the
surrounding area. To add an interchange at this site will magnify an ah'eady
existing traffic nightmare. A narrow two-lane road such as Quito Road
cannot accommodate additional traffic that would be generated by an
additional interchangel
I urge you to consider the adverse and detrimental impact an interchange on
Quito Road would create. We cannot allow this to happen. Please abandon
further discussion of this proposed interchange.
Si~y,
Edward M. ~,ong
18657 Rave~hwood Drive
Saratoga, CIA 95070
June 14~h, 2000
James Walgren C.D.D.
City Hall Planning Division
City of Saratoga
13777 Fruitvale Avenue
Saratoga, CA 95070
Dear Mr. Walgren:
The Saratoga Woods Park Homeowners Association has a keen interest in the Circulation Plan
currently being evaluated by the Planning Commission. Our neighborhood has regular meetings
concerning Saratoga Woods affairs, and a number of issues regarding traffic flow have been
frequently discussed.
As the current President of the Association, let me advise you of some of our concerns:
1. The opening of Highway 85 access from Saratoga Avenue has had a severe impact on
our residents' ability to enter and leave the neighborhood. There is now a persistent
pattern of heavy traffic on Saratoga Avenue for a good portion of the day.
2. Our neighborhood streets are frequently used to bypass congestion at the Cox and
Saratoga Avenue intersection, increasing concerns about safety on our residential
streets.
3. We would like the City of Saratoga to place a stronger emphasis on preserving ease of
access and egress for the City's residents rather than maximizing the efficiency of
transient traffic flow.
The following improvements would be of great help to our community:
1. Placement of "Keep-Clear" street markings at the intersection of Kosich and also
Westview to allow egress from these streets when Saratoga traffic is at a standstill.
2. Putting in an improved merge lane from Westview to northbound Saratoga Road to
reduce the risk of accidents when traffic from Westview tries to move onto Saratoga
Road.
3. Increase the length of the dashed right rum line to the regulation 200 feet, from
southbound Saratoga Avenue to our neighborhood streets to allow safer right turns in
heavy traffic.
4. Placement of speed bumps or traffic barriers on some of our residential streets to
discourage speeding transient traffic from taking shortcuts between Saratoga Avenue
and Cox Via Saratoga Creek. :
5. Consideration of an additional smart traffic light at Westview and Saratoga Road to ease
access to Saratoga Avenue by our residents.
We are prepared to assist the City in collecting data about traffic flow, speeds, average time of
access to Saratoga Avenue, and any other data the City deems appropriate.
Thank you for your consideration.
Peter Wohlmut
President
Saratoga Woods Homeowners Association
County of Santa Clara
Environmental Rtsource$ Agency
Parks & P~xeafion Dcpmment
298 C~ard~n ~ Driv~
Lo~ Gatos, C_.A 95032-7669
Website: www. p~org
FAX CO VER' SHEET
Total number of pages, including coyer sheet: ~
Please deliver the following pages to:
o.O~e: cl~, or ~oc~, eo~l~ o~V~~rr ~.
.FROM: Coun~ of San~ C~a Parks. & Recre~on D~pa~ent
N~e: ~ ~ Phone Ext. ~
YESINO ~
Response requested:
Date:
'1Ilia0 .Time:
Please send your fax response to: (408) 358-3245
IF YOU DO NOT RECEIVE ALL THE PAGES, PLEASE CALL: (408) 358-3741.
County of Santa Clara
Environmental Resources ~ency
ParKs and Recreation Depanmom
298 Garcle~ HiJJ Drive
LoS Ga~os. California .q$0G2-766!a
(408) 35~'3741 PAX 3S8-3~-,,L5
~eserva~ior'~ (408) 358-3751 TDD (408) '~-~6-7 ] 4.6
July 1, 2000
Ms. Judi Crowley, Project Planner
City of Saratoga
Community Development Department
13777 Fruitvale Avenue
Saratoga, CA 95070
SUBJECT: Notice of Intent to Adopt a Negative Declaration and to Update
the Saratoga General Plan Circulation Element
Dear Ms. Crowiey:
The Santa Clara County Parks & Recreation Department is in receipt of the Notice of
Intent (NOI) to adopt a Negative Declaration and to update the Saratoga General Plan
Circulation and Scenic Highway Element, Unfortunately, we were unable to secure a
copy of the actual draft Circulation and Scenic Highway Element document at this time.
However, we would like to provide the following comments, some of which may already
be included in the draft Element. While some of these comments may be more
appropriate as roadway improvements occur and CEQA processes initiate, we include
our comments now in order to ensure safe pedestrian and bicycle access in future
roadway projects.
As noted in our Santa Clara County Countywide Trails Master Plan Update, adopted by
the County Board of Supervisors in 1995, specific countywide bicycle routes and trails
are located within the right of way of roadways within the City of Saratoga. For example,
the Congress Springs Connector Trail (Route C12) is designated on portions of Pierce
Road, Congress Springs Road, and Big Basin Way. The Juan Bautista de Anza
National Historic Trail Bicycle Retracement Route (Route R1-A)is designated on
portions of Mt Eden Road, Pierce Road, etc. At this time, the County Parks Department
sees a great opportunity for the City of Saratoga to adopt portions of the Countywide
Trails Master Plan Update in the update of the City's Circulation and Scenic Highway
Element.
By incorporating appropriate portions of the Countywide Trails Master Plan Update, the
City will be reinforcing its goals for encouraging the use of alternative modes of
transportation, promoting better pedestrian and bicycle circulation, and furthering trail
connections throughout county. It is expected that, with the suggested physical
improvements pursued in the City's long range traffic management plan, improvements
to existing and future bicycle routes and facilities should be included in the City's goals,
e~ard O[ SupcrvLsors: Donald F. C, agc. Btanca ^lvaracto, Pc-~= McHuCh. James T. I~all Jr.. S. Joseph .~lmilia~l
Coumy Exe, cudvc: Richard wl~enloerg
policies, and implementation measures. Fo~ example, the City should provide design
standards on existing and future roadways that will better accommodate bicycles and
pedestrian-friendly walkways. Develop bikeways that meet current state and new
highway standards. In addition, identify major bicycle commute corridors in the City's
roadway plans. By including these bicycle route classifications and policies, the City will
be creating the mechanism for critical trail linkages and providing the needed access to
existing recreational opportunities offered to our communities.
Thank you for providing the Santa Clare County Parks & Recreation Department with the
opportunity to respond to the NOI. We look forward to seeing the final updated
Circulation and Scenic Highway Element. Should you have any questions regarding the
above noted comments, please contact me at (408) 358-3741 x152 or via EMAIL at
Jane.mark @ mail.prk.co.santa-clara.ca.L~_~.
Sincerely,
JANE MARK
Park Planner
CC:
Marl< Frederick. Plannln9 & Development Manager
Antoinette Romeo. Park Planner
CEQA Files
~1PRKPOC.40~haret~Pmjects~Plart. DevelopmemU. MaC,Staff EIR Commenm~ara~ga ~p Circulation Ne9 Dec 7.1.00.doc
George A. Roupe
19921 Park Drive
Saratoga, CA 95070
Planning Commission
City of Saratoga
June 8, 2000
Dear Chairman Page and Fellow Commissioners:
This letter is being written with the objective of giving you my thoughts on the
"Circulation and Scenic Highway Element Update" which we are in the process of
reviewing and are expected to pass on with our recommendations to the City Council for
their review and approval. As you will see from the following comments, they will focus
more on the matter of goals and policy rather than the factual content and process of
developing the Update.
Overall I believe the Update content and process, are reasonably well done and I have
very little to add. The one area where I would take exception has to do with the
Functional Road;,vay Classifications (section starting on page'6 and shown on Figure 2).
I believe the section of Saratoga Avenue running from SR 85 to the intersection with
Fruitvale should be'designated as a Principal Arterial rather than a Minor Arterial. With
reference to the traffic volume (Figure 3) this section of roadway has a greater traffic
volume than other roads which have the Principal Arterial designation (i.e. Saratoga-Los
Gatos Road, Prospect Road and Saratoga-Sunnyvale Road). Also as shown in Figure 4
(item 11) and on Table 2 (item 11) it would appear there is a relatively high volume of
traffic at the intersection of Saratoga Avenue and Fruitvale. From this data, as well as my
personal observations over the past several years (since SR 85 was completed), I believe
this section of roadway (as well as the intersection) should be classified as a Principle
Arterial. A similar, but not so compelling argument, might be put forward to classify the
secti°n of Fruitvale between Saratoga Avenue and Allendale as a Principal Arterial (due
largely to the West Valley and Redwood 'School traffic).
In the area dealing with poli~y (Section VI beginning on page 37) I have a several
recommendations. The first deals with the Street System and Standards of Service
section. I believe the City should formally adopt a roadway classification system similar
to theFederal Highway Administration system (discussed on page 6). Once this
classification is put in place, it would seem reasonable that any alteration in the City map
which Would upgrade the classification of a road (i.e. go to a higher level of usage) would
be subject to review by the apPropriate City Commissions (with public hearings) and
approval by the City Council. Any development project which would change the traffic
patterns so as to alter this map as determined through the Transportation Impact Analysis
process (page 30) would then be subject to this level of review and approval.
The next area of concern deals with the Level of Service (LOS) designation (introduced
on page 8 and discussed as items CI.2.3 and 4 on page 38). My concern is that the policy
should be broadened to include the existing LOS and to put in place a process whereby
000007
any project that brings about a deterioration in existing LOS (e.g. LOS level B goes to
LOS level C) should be subject to review. Further, as a matter of broader policy it would
seem reasonable that we set the acceptable target higher than a LOS level D (item
CI.2.3). LOS level C would seem to be a reasonable target given the desire to maintain
the relative serenity we seek for our community. I am aware that there are severe
problems that already exist (and will become even more difficult in the future) which will
preclude achieving this LOS throughout the community. However, it would seem
reasonable that any future project which would give rise to deterioration below LOS level
C should be carefully reviewed along the guidelines suggested in item CI.2.4.
On the matter of the Transit system (page 41), I endorse the investigation of a local
shuttle service. However, the policy statement given as item CI4.4 may be a bit too
strong in that it would as a matter of policy have the City "pursue" such a local shuttle
service. Upon further investigation this service may prove to be either too costly or
ineffective. I suggest we change the word "pursue" to "investigate the feasibility of"
with the added thought at the end of that item to "take action as appropriate based on the
findings of the investigation."
In the area of Pedestrian traffic, we should include some provision in this section (page
42) that would require the City to identify those areas where no sidewalk exists, but it
currently has an easement for sidewalks. This investigation should focus in the areas near
schools or on the "Suggested Route to School" maps. There then should be a priority to
fund and build sidewalks in these areas. In addition, where no such easement exists,
there should be identified missing links in this system, along with priority designations,
so as to seek easements where it is critical to forming a comprehensive network.
I would like to close these thoughts with a couple of general observations. While I hope
for the best from the forthcoming public hearings, I do not expect that we will get any
global view to help us in setting the broader policy provisions of the Circulation Element.
We are most probably going to have to rely on our collective judgment in passing on our
recommendations to the City Council. Also, we should recognize that public
participation will most likely be forthcoming when specific neighborhood impacts are
involved. The Neighborhood Traffic Management process (e.g. current Pride's Crossing
activity) should be formalized and included as an integral part of this Circulation
Element, but we should avoid getting the current review of this Update reduced in
perspective to the more narrow focus on individual neighborhood issues.
· During the next few meeting I hope we will have a constructive dialogue with the
community and among ourselves as we develop our recommendations for the City
Council. The thoughts included in this letter are not intended to be all encompassing, but
to simply serve as a starting point for further discussion.
Respectfully Submitted,
Cc: James Walgreen
George Roupe
O0000S
Cynthia Barry, Ph.D.
Licensed Psychologist
2898 Joseph Avenue
Campbell, California 95008
408-377-3813 Fax: 408-371-1838
e-mail: Drcbarry@aol
Sohrab Rashid
Fehr and Peers Assoiates, Inc.
Transportation Consultants
By Fax: 408-278-1117
5-18-00
Dear Sohrab,
Following your informative presentation to the Planning Commission on Tuesday,
I went back to the draf~ report and found that I have some questions about the role of the
Circulation Element. My own research has led to this understanding of the process:
Our General Plan should consist of a statement of development policies and must
set forth objectives, principles, standards and plan proposals. Further the general
plan should bridge the gap between community values, visions and our decisions
on items that would come before the Planning Commission. I have also gleaned
that the circulation element plays a role in "determining and constraining the
pattern and extent of development". Our general plan must be integrated and
internally consistent both among and between elements; therefore our circulation
element must correlate with our land use element. (All of this is courtesy of
Daniel Curtin's Califomia Land Use and Planning Law, 2000 edition.)
Here's where I need help. If our General Plan and Circulation Element are
consistent and both reflect our community vision, would we not be better served to adopt
a circulation element that does not compromise our vision, objectives, etc. Why would
we choose to "accept" conditions well below our standards; for example, accepting a
LOS of D when an LOS of C or above would more nearly meet our standards. What is
the payoff in doing so? If as Curtin notes the circulation element can" determine and
constrain the pattern and extent of development" would we not be better off setting a
standard that would be consistent with our General Plan and Hillside Plan policies of
retaining our rural character?
A second area that is not clear to me has to do with the definition of"Functional
Roadway Classifications". Your report notes that Saratoga has no officially adopted
definition. Your report utilizes a purely physical definition to define roadway
functionality. It appears to me that a combination of physical features along with
measured roadway utilization would better serve our neighborhoods. The lengthy
discussion of the problems on Miller Ave. comes to mind. I welcome your thoughts on
this.
000003
The Summary of Community Meetings presented a great many specific
suggestions: Please help me to understand how these fit into the document that is being
developed. It occurs to me that this summary could become an action plan. Unless a
specific susggestion were ruled out as in conflict with the Circulation Element that is
finally adopted, each suggestion could be followed up and the City should then receive a
progress report within a set time frame. Is that how it generally works? If not what
happens to these very specific suggestions?
Last question-an easier one. What is the city's deadline for adopting this
circulation element? I have read that "periodic" review is required.
I would appreciate an e-mail or faxed response so that I can better prepare for the
public hearing.
Thank you in advance.
Cynthia Barry
Cc: James Walgren
( 00004
Cynthia Barry, Ph.D.
Mailing Address: 2898 Joseph Ave.
Campbell, Ca. '95008
408-377-3813 Fax: 408-371-1838
CIRCULATION ELEMENT
Proposed Changes
"LOS" is a confusing term. The (A -E) rating seems counter-intuitive. In
fact, three different LOS measures are presented in this report; delay at
traffic signals, volume of traffic, and speed of traffic on a given street.
Numbers are not used to rate the latter two measures.
On page 11, recommend changing to the term LOS- Delay. We would then be
able to use the terms LOS-volume and LOS-speed and remain consistent.
Secondly, recommend we adopt descriptors and eliminate the letters. We
could very simply have "short delay", "moderate delay" and "long delay"
which everyone would understand immediately. We could follow the same
strategy for Iow, medium and high volume and Iow, medium and high speed.
If we adopt the procedure suggested, by PC Roupe, a public hearing would be
mandated anytime one of these LOS measures would be downgraded by a
proposal. We would not "accept" worse letter grades as currently
proposed.This would be clear, concise and easily understood by all.
o
The term "Functional Roadway Classification" is confusing as well. It refers
only to the physical design elements of the roadway. Recommendation is to
add the word "Design" so it reads Functional Roadway Design Classification.
(Removing the word "Functional" would be even clearer and I would recommend
that if it is an option.)
Additional recommendation is to add subcategories to these Roadway
Classifications where helpful; such as; residential collector; business collector
(See p.31 for use of the term already). Other cities do this already.
Page 2
o
In addition to LOS measures and the Roadway Classifications which are always
presented in isolation in the report, recommendation is to Create a more user-
friendly Descriptive Grid for each signal or road that is of concern. This would
allow analysis of all the relevant information about a road at the same time.
The following categories are suggested:
Design Designation
Delay
Volume
Speed
Resident Perception
Compatibility/Congruence
Action Goal
'The Descriptive Grid would then be a working document. An action goal would
be specified if the road design and the usage were incompatible. If congruent,
no action goal would be needed. Some "quality of life" measurement would be
reflected in the Resident Perception. This could be the TIRE measure
presented in the report or something less formal, but basically it would
reflect residents view of what it is like to live with that road or signal. The
status of the Descriptive Grid could be revisited biannually or on some
lengthier prescribed basis. The Action Goals would take into consideration all
the relevant parameters.
Recommendation regarding Figure C-6. This figure contains too much
information to me useful as a planning aid, Further, it suggests no targets or
specific goals to shoot for during the life of this Circulation Element. If we
want to encourage more pedestrian traffic to our schools and to our business
centers, then it would help to break Figure C-6 down into several figures. See
p.52. Rather than one, necessarily small figure, showing all trails and
pedestrian paths, present a figure for each school area and also for each
business center of the city. This wOuld permit easier visioning of a final
product that would achieve the desired goal of getting children to school more
safely or encouraging walking and bike riding to business centers. We could
also take the step of setting some target goals increasing the level of walking
and biking beyond what it is now. Further as we move into discussions about
the Gateway, this would be very helpful.
6-A Present a First Draft of.possible shuttle routes to business, recreation and
Page 3
o
school throughout the city. Again, this would give some life to the idea and
stimulate action.
Create a Congestion Management District consisting of Civic Center Complex-
West Valley College - Redwood Middle School-'The Library - St. Andrews and
Sacred Heart. This may be the most complicated traffic problem in the city
due to the multiple uses. It would benefit from coordinated planning.
p.28 - Freeway Interchanges. Take out all but sentence 1 & 2. Add "There
shall be no additional freeway interchanges in Saratoga without a vote of the
people". Rewrite the rest of pages 28 - 30. See attached recommendation.
p.30 Rather than_.Ee, y__isJz:kg (i.e., intensifying) roadway classifications as
recommended here, use the Descriptive Grid and Action Goals described above
to mitigate problems on an individual basis in the manner that best meets our
General Plan Goals.
10.
11.
12.
13.
14.
15.
p.31 NTM turn this into policy statement such that the city "shall" have such
a process.'
p.37 Rewrite this Goal. Recommendation: Create a transportation system
that reflects the goals of our General Plan and protects the rural character
of our city;
p.38 Cl 2.3 - change "provides adequate" to "manages". Again, there is an
underlying philosophy of encouraging growth that does not reflect the General
Plan or the recent vote of the people With respect to increasing density. The
people spoke clearly on Measure G, they do not want increased density, traffic
and noise. This planning document must reflect that philosophy clearly.
Delete CI 2:3 & CI 2.4- Use George's statement, p.38 any decrease shall
cause a public hearing.
p.38 CI 12.5 Manage'traffic flow on arterial roadways to discourage through
traffic or increase flow on a case by case basis.
p.38 Cl 2.6 & 2.7 - Utilize the NTM process: 'Create a toolbox of Calming
Techniques. Also create a Cross-Functional Committee to address
neighborhood traffic problems as they arise and make recommendations for
improvement. This will allow consideration of a proposed "fix" in the larger
citywide context of traffic management. The Committee would have one
member from all the departments and bodies that would otherwise review the
Page 4
proposal separately.
16.
p.38 Change CI2.10 to: "Limit future development on existing hillside streets
to existing street capacity". Future development that would necessitate
increasing street capacity would require a public hearing an~l potentially a
referendum.
17.
18.
19.
20.
21.
22.
23.
p.39 CI 2.14- Explain intent. Unclear
CI 2.16 - Explain intent. Unclear.
p.39 CI 2.20 Delete 50 cars and change to "At discretion of Planning
Department..."
p.40 CI 2.24 Make this an early policy statement to follow CI 2.2. Take
language from p.31 on NTM.
p.40 CI 2.26 Add "consistent with CI 2.10 , it shall not contradict".
p.41 CI 4.4 Keep the word "pursue" and add "shall develop draft routes".
This will give life to the idea.
p.41 add an additional goal: Develop and maintain an accurate funding source
application calendar. Assign responsibility for calendar and mandate timely
reports to the appropriate Commission or City Council for proposals and
decisions. This will promote success in obtaining needed funding for projects.
p.42 CI 5.06 Reference the new goal stated above and add the language
"Proactive effort to fund and create..."
24.
25.
p.30 Add an early Policy Statement that states: "Rather than upgrading
design classification of roadways to meet future through- traffic needs, the
policy of Saratoga shall be traffic management consistent with our General
Plan and the rural character of city. There shall be no additional freeway
changes in Saratoga without vote of the people."
Unless we adopt a policy similar to the one above, how can we assert in the
Negative Environmental Declaration that there will be minimal traffic impacts?
To:
From:
Re:
James Walgren '.
Planning Commissioners
Cynthia Barry
Recommended changes in Circulation Element pages 28-30
Comment ·
This is the attachment referred to in point number 8 of the recommendations I submitted
on the Circulation Element. I apologize for not having them typed and available at the
last PC meeting. I have not attempted to rewrite the entire section; however, provided
below are the major statements I would like to see added or eliminated. I am sending
this by e-mail only.
SR 85 Interchange CE page 28
As noted previously, the existing and projected operations at the SR 85/Saratoga Avenue
are or are expected to be substantially worse than the results of the level of service
calculations presented for each scenario. Based on the City's current roadway network,
additional interchanges could theoretically be constructed at three locations: Prospect
Road, Cox Avenue, or Quito Road. While provision of additional ramps would result in
a minimum reduction of traffic at and near the Saratoga Avenue interchange, traffic
congestion is expected to increase at intersections near any new interchange.
While the feasibility and impact of additional interchanges are discussed in this report,
there should be no additional SR 85 interchanges in Saratoga without a vote of the
residents. Most of the traffic on the current interchange and on any additional
interchanges, would be through traffic, not Saratoga traffic. Therefore, this plan
does not recommend additional interchanges.
CE page 29
At the top of the page, change sentence 2 at the top of the Page to read, "These results
indicate that there would be a substantial volume of future traffic on arterial streets
attempting to access the new freeway entrance ......
Strike the last sentence in the paragraph at the top of the page which now reads,
"However, they will provide better freeway access and reduce traffic on nearby arterial
streets." We cannot predict that outcome and our experience with the current interchange
has been very bad.
The Cox Avenue section is OK as etiyym.
Quito Road
Paragraph one is OK as written.
Paragraph two and paragraph three should be removed entirely.
Insert instead new language after paragraph one:
"The Saratoga City Council thoroughly discussed a potential interchange on
Quito Road and also held extensive discussions with the City of Campbell, whose
citizens would primarily utilize that interchange. A decision was made not to have a
Quito Interchange. As a result of this decision by the Saratoga City Council, a two
lane bridge over SR 85 was constructed, intentionally ruling out future expansion.
Therefore, a traffic evaluation is not presented.
Sohrab Rashid ,
To: Drcbarry@aoi
Subiect: Saratoga Circulation Element
Ms. Barry,
Thank you for your letter. My responses to your cluestions and comments are ILsted below.
The vision of a City must a ways be guided by the atta nab lity Of that v sion through the goals, policies, and implementation
measures of the General Plan. The reality for Saratoga is that, although t s a community that is rural n character, t[s
located within the more urbanenvironment of the southern San Francisco Bay Area. The reliance of most residents on
automobile travel and the greater impact of substantial through traffic volumes leads to increased vehicular demand and
congestion on most major City streets. Although LOS C is a desirable goal, it would require substantial infrastructure and
right-of-way costs to ach eve and may not be atta nab e based on projected travel demand over the next 10 to 15 years.
Providing additional street capacity to maintain LOS C would require additional pavement and would, n fact, negatively
impact the City's rura character. The City has used LOS D as a guideline for evaluating traffic impacts of individual
developments, which is consistent with other South Bay cities includ ng Cupertino, Los AJtos, Los Gatos, and Sunnyvale
among others. The characteristics of LOS 0 at an intersection include minor delays and temporary queuing on some
approaches, but overall operations are still considered generally acceptable to drivers and no long-standing queues are
formed.
Functional classification is based on both the physical layout of a roadway (i.e., pavement width and pedestrian facilities
within the r ght-of-way) and the and uses located on both s des of the street. Some streets can be categorized easily
while others exhibit characteristics of two classifications. To use your example: M let Avenue exper ences traffic vo umes
and vehicle speeds that exceed "tolerable" levels according to some residents of the Prides Crossing neighborhood. To
class fy th s street as a minor a. rterial 0ecau. se of th..e daily tra,~?c volume, or,,.av?ra,~e ~ ~p~_ ~ would potentially preclude
certain measures to ~calm" tramc, and the oas gnafion may allow more [ramc To oe aQaea. The appropriate course of
action is for the City to identify the type of street Miller Avenue should_be (e.g., a residential collector) in the Circulation
Element, and then to implement specific improvements to reduce traffic volumes and speeds to an appropriate level.
These measures may include traffic calming, signal timing improvements on adjacent streets, and increased traffic
enforcement.
The specific issues raised by community meeting participants were used to: (1) better describe the existing transportation
system, and (2) help to formulate the goals, policies, and implementations measures in the Circulation Element, For
example, the numerous comments on school-related traffic resulted in the development of specific policies and measures
designed to increase public awareness and enhance coordination between the City end the various school districts. The
inc us on of the commun ty meet ng m nutes n the Background Report documents each suggestion and enters them into
the publ c record, However, specif c requests (e.g. installation of traffic signals or stop signs at a given location) would
typically be evaluated and implemented through the City's existing planning and Capital Improvement Program processes.
Separate from the Circulation Element, the City has the discretion to require that each suggestion be followed up by the
appropriate City department staff.
Periodic'review and updates of the Circulation and Scenic Highway Element are conducted when the transportation
system baseline changes substantially (e.g,, with SR 85) or when the planned land uses will significantly change future
travel demand and/or operation. No specific deadline is required or has been set for the current update.
Please let me know if you need anything else. I loot( forward to seeing you on Wednesday.
Sohrab
Sohrab Rashid
Fehr & Peers Associates
(408) 278-1700
Fax: (408) 278-1717
Re: Last night's PC meeting
Subject: Re: Last night's PC meeting
Date: Thu, 25 May 2000 12:11:36 EDT
From: Drcbarry~aol.com
To: jwalgren@saratoga.ca.us
Dear James,
I really want to thank you for your leadership and direction last night.
You stepped in often and to great effect. We needed it. With an
inexperienced Chair, serious divisions and very tough issues, the Commission
has difficulty functioning well. Thanks again, and keep up the good work.
While these thoughts are on my mind I'd like to ask your opinion. Take
your time -a response when you can will be fine.
1. What happens to a very specific letter like Dora Grens. Would you and
Sorhab review it and recommend action to us on each of her points? Or would.
the whole Commission have to walk through the letter (shudder!).
2. Thank you also for agreeing to try a less formal meeting notice. I think
you got the idea exactly of some kind of catchy cartoon type drawing or
message and maybe colored paper. I would like to see us specifically send
the notice to the clergy in the city and ask for their help in discussing the
notice with their congregations. Same strategy with the other community
leaders.
3. This is a Plan B question regarding neighborhood input. The NTM concept
could easily accomplish the goal of involving neighborhoods in solving our
circulation problems if it were proactive rather than reactive - as now
described. That is, the format and the consultant and the budget exist (if I
am correct) but nothing happens until the neighborhood approaches the city.
Could we turn this around so that the NTM process goes forward now at the
city's request?
I know you understand that there, are tradeoffs in any implementation
recommendation such that one constituency may feel vindicated while another
may be angry-sort of a win/lose. The only way I can see to solve our
intra-city problems is to facilitate our citizens coming to grips with the
inherent dilemmas and agreeing'to cooperate on a solution.
That's all for now. Cynthia
'1 of 1 - 5/25/00 9:22 AM
SARATOGA CITY COUNCIL
MEETING DATE: September 20, 2000 AGENDA ITEM:
ORIGINATING.DEPT:~~_~_City Manager CITY MANAGER:
PREPARED B~~ /~3~.~ DEPT HEAD:
SUBJECT: Status Report on WWII Memorial Donation Campaign
RECOMMENDED ACTION(S):
Informational only.
REPORT SUMMARY:
During April 2000, a Los Gatos physician, and the Regional Chairman of the World War
II Memorial Campaign, wrote a letter to the Saratoga City Council and other local
jurisdictions requesting donations. At the June 7, 2000 meeting, the City Council
unanimously voted to support a match of up to $3,000 from the City of Saratoga for the
proposed World War II Memorial to be built in Washington D.C., subject to
contributions received from local citizens.
The memorial will honor the 16 million who served in the armed forces of the United
States during World War II, the more than 400,000 who died, and the millions who
supported the effort from home. Congress provided legislative authority for siting the
memorial in the prime area of the national capital that includes the National Mall. The
National Park Service, the Commission of Fine Arts, and the National Capital Planning
Commission approved selection of the Rainbow Pool site, at the east end of the
Reflecting Pool, between the Lincoln Memorial and the Washington Monument.
The $100 million memorial will be funded by private contributions, of which the
campaign has collected approximately $96 million net income toward the goal. If
everything goes as planned, groundbreaking will occur on Veterans' Day, November 1 l,
2000.
FISCAL IMPACTS:
During the campaign, which ran from June 7 through August 6, 2000, the City
Manager's Office received $850 from eight contributors. The City of Saratoga is
matching this amount, and will be sending a total donation of $1,700 to the American
Page 2 - World War II Memorial Update
Battle Monuments Commission expressly for the National World War II Memorial
Campaign.
CONSEQUENCES OF NOT ACTING:
N/A
ADVERTISING, NOTICING AND PUBLIC CONTACT:
The Saratoga News ran an article, and a public service announcement was placed on the
City's 1610 am Travelers' Information Radio Station to advertise the campaign.
ATTACI:IMENTS:
1. Aerial View of Proposed National World War II Memorial
Attachment 1
SARATOGA CITY COUNCIL
MEETING DATE: September 20, 2000
DEPT: Community Development
SUBJECT: Septic Abatement Program Status Report
AGENDA ITEM:
CITY MANAGER:
RECOMMENDED ACTION:
Accept status report.
REPORT SUMMARY:
In an effort to improve .underground and creek water quality in the region, the Saratoga City
Council adopted a septic abatement ordinance that applies to all properties within the City of
Saratoga. The ordinance requires that septic systems in the City be abandoned and the properties
connected directly to the public sanitary sewer when a public sewer line is available within 200
ft. of a property line. A public sewer line is not considered "available" if existing grades do not
permit gravity flow connection, or if a legal easement or right-of-way to the sewer line does not
exist. Property owners with properly operating septic systems may request up to a five-year
extension of time to connect to the public sanitary sewer.
Qualifying property owners facing financial hardships are able to apply for Community
Development Block Grant money to pay for the cost of the septic abatement and sewer
connection. To date, only a handful of applications have been received. And of these, only one
property owner has met the income-limit criteria to be eligible.
COMPLIANCE RATE
The City initiated this program last year by collecting from the two sanitation districts lists of
properties that were thought to be subject to its requirements. Of the 585 properties identified by
the districts, staff was able to remove many that were either undeveloped parcels or properties
that had connected to sanitary sewer but were just not in the districts' records. Staff then sent the
attached notice to each of the remaining property owners notifying them of their responsibility.
The notice gave them six months to comply with the program. The deadline for compliance was
August 21, 2000.
The following is a breakdown of the status of these 585 properties:
Cb'fihectetl'i6 S~itary Sewer
216
Vacant Parcel 77
Exempt - No Right-of-Way
Exempt - Inadequate Grade
Exempt - Greater than 200 ft.
17
15
3
Received Extension
36
No Response - Noncompliance
221
The septic abatement ordinance requires that a lien in the form of a Notice of Noncompliance be
recorded on noncompliant properties putting title companies, lenders and future owners on notice
that a sanitary sewer connection must be made before the property can be improved in any
manner requiring a City permit, sold or used for equity financing. Staff's impression is that the
great majority of noncompliant property owners are elderly - the lien will ensure that before these
properties are sold or used for financing, the required sewer connection will be made. Staff is
mailing one final notice to each of these homeowners allowing them an additional 45 days to
respond before initiating the property liens.
INADEQUATE GRADE EXEMPTIONS
If an easement or other right-of-way to a sanitary sewer line does not exist, there is no way to
require these properties to connect to sanitary sewer without using the City's condemnation
authority - which is why these properties are exempt from the program requirements. Properties
with inadequate grade exemptions can physically be connected, they just require a more
expensive - and less reliable - mechanical pump system to get the effluent up to the grade of the
sewer line. This exemption was apparently simply carded over from the City's previous sanitary
sewer ordinance. To evaluate the effect that this exemption may have on creek water quality,
staff looked at the location of the 15 properties that have received this exemption and found that
10 of them abut creeks.
FISCAL IMPACTS:
None.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
Not applicable.
2 of 3
ALTERNATIVE ACTION:
Not applicable.
FOLLOW UP ACTION:
Staff will follow-up on those properties currently in noncompliance with the septic abatement
program.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
None.
ATTACHMENTS:
1. Copy ofNotice Packet
3 of 3
1. Copy of
Packet Notice
hmorporated October 22, 1956
13777 FRUITVALE AVENUE · SARATOGA. CALIFORNIA 95070
February 22, 2000
COUNCIL MEMBER,<:
NOTICE OF REQUIREMENT FOR
CONNECTION TO PUBLIC SANITARY SEWER
In an effort to improve underground and creek water quality in the region, the Saratoga
City Council recently adopted a new sewage disposal ordinance that applies to all
properties within the City of Saratoga. The ordinance requires that septic systems in the
City be abandoned and the properties connected directly to the public sanitary sewer
when a'public sewer line is available within 200 ft. of a property line. A public sewer
line is not considered "available" if existing grades do not permit a gravity flow
connection, or if a legal easement or right-of-way to the sewer line does not exist.
Your property has been identified as being within 200 ft. of an existing public sewer line.
If you feel that your property has been incorrectly identified or cannot be connected to the
public sanitary sewer due to grade or right-of-way constraints, you may submit a report
from a Registered Civil' Engineer or a Licensed Land Surveyor to the City for
consideration. Otherwise, you will need to connect your property to the public sanitary
sewer within 180 days of receipt of this letter.
Property owners with properly operating septic systems may request up to a five-year
extension of time to connect to the public sanitary sewer. To request an extension, you
will need to submit a report from a Registered Civil Engineer, a Registered
Environmental Health Specialist or a person with a C42 State Contractors Board License,
verifying that your septic system is functioning properly pursuant to Santa Clara County
Environmental Health Department standards. If you cannot locate an RCE, REHS or C42
Licensee to prepare the report, you may contact the County Environmental Health
Department directly for assistance.
The attached Notice of Requirement for Connection to Public Sanitary Sewer provides
more specifics of this program and its requirements. If you have any questions, you may
contact the following agencies for assistance. A sanitation district boundary map is
attached to identify the district that serves your property.
Printed or', recvcteo paper
· City of Saratoga Community Development Department
Shirley Nishkian at (408) 868-1244 forprogram information and requirements
· Santa Clara County Environmental Health Department
Kurt Fisher at (408) 299-6060 for septic system inspection requirements
· Cupertino Sanitary District
Carl Beckham at (408) 253-7071 to determine if sanitary sewer is available
· West Valley Sanitation District
Sam Young at (408) 378-2407 to determine if sanitary sewer is available
The City understands that this notice may impose a financial burden on homeowners, and
there is ultimately a financial exception that can be made for qualifying individuals.
Please contact City of Saratoga staff to inquire about a financial exception. Your
sanitation district may also provide a financing assistance program, and should be
contacted directly with inquiries. Thank you for your attention and anticipated
cooperation in this matter.
NOTICE OF REQUIREMENT
FOR CONNECTION TO PUBLIC SANITARY SEWER
February 22, 2000
Pursuant to Section 7-10.080 of the City of Saratoga Municipal Code you
are hereby, notified of the following:
I. DETERMINATION.
The Health Officer of the City of Saratoga has determined that you are an
owner or occupier of property within the boundaries of the City of Saratoga from or upon
which sewage is generated and which is not connected to an existing approved public
sanitary sewer. The location of the property to which this notice applies is specified in
the letter accompanying this notice. The Health Officer has further determined that an
approved public sanitary sewer is available within two hundred (200) feet of the boundary
line of the property which you own or occupy. Accordingly, your obligations are as set
forth in Section II, below.
II. OBLIGATIONS.
Pursuant to Section 7-10.080 of the City of Saratoga Municipal Code you
are required to take one of the following actions:
Ao
Demonstrate by August 21, 2000 that the property (including all buildings
on the property from which sewage is generated) is connected to an
approved public sanitary sewer.
Bo
Request and receive an extension of time to connect the property (including
all buildings on the property from which sewage is generated) to an
approved public sanitary sewer. The request for extension of time must be
filed no later than April 7, 2000. The extension of time, if approved, may
be for no more than five (5) years.
C. Demonstrate by August 21, 2000 that the property has been vacated.
D. Demonstrate to the satisfaction of the Health Officer of the City of Saratoga
that the determination set forth in Section I above, is incorrect (i.e., no
sewage whatsoever is generated on the property, no public sanitary sewer is
available within 200 feet of the property, the property (including all
buildings on the property from which sewage is generated) is connected t°a
public sanitary sewer, or the property lies outside the City of Saratoga).
Evidence supporting this claim must be filed no later than April 7, 2000.
Each of the options discussed above is described in more detail in Section IV o.f this
Notice.
All correspondence and other materials documenting compliance with the requirements
of Section 7-10.080 must be in writing and delivered (in person or via the U.S. Mail or
other recognized delivery service) to the address below; compliance correspondence will
not be accepted via fax, telephone, or e-mail.
Health Officer
c/o Kristin Borel
Community Development Department
City of Saratoga
13777 Fruitvale Avenue
Saratoga, CA 95070
Questions concerning the program may be sent to the above address, or via fax sent to
408/868-1280, via telephone to 408/868-1244, and via e-mail to building~saratoga.ca.us.
As noted above, correspondence and other materials documenting compliance must be
delivered to the address above.
III. NOTICE OF NON-COMPLIANCE.
Pursuant to the determination set forth in Section I, above, a Notice of Non-
Compliance will be recorded in the Santa Clara County Recorder's Office unless, prior to
April 7, 2000, the City Health Officer has received either:
Ao
Evidence that the property (including all buildings on the property from
which sewage is generated) has been connected to an approved public
sanitary sewer;
B. An application requesting an extension of time to connect to an approved
public sanitary sewer; or
Co
Evidence satisfactory to the Health Officer to demonstrate that the
determination set forth in Section I, above, is not correct.
Once recorded, a Notice of Non-Compliance will be removed fi.om County records only
upon:
The Health Officer's determination that the property (including all
buildings on the property from which sewage is generated) has been
properly connected to an approved public sanitary sewer; or
o
The Health Officer's approval of a request for extension of time to connect
to an approved public sanitary sewer and the property owner's execution
and recordation of the covenant required for such extension of time (see
Section IV.B, below); or
3. The Health Officer's determination that the property has been vacated; or
°
The Health Officer's determination that the determination set forth in
Section I, above, is not correct.
IV.
REQUIREMENTS FOR SATISFYING OBLIGATIONS SET FORTH IN
SECTION II ABOVE.
A. Connection To An Approved Public Sanitary Sewer.
In order to demonstrate that the property (including all buildings on
the property from which sewage is generated) has been connected to an
approved public sanitary sewer, the Health Officer must be provided with a
letter from either the West Valley Sanitation District or the Cupertino
Sanitary District stating that the property (including all buildings on the
property from which sewage is generated) has been connected to the
District's public sanitary sewer system and that all applicable connection
fees have been paid. All correspondence should be directed to the Health
Officer at the address indicated in Section II, above.
Request and Receive An Extension of Time For Connection To A Public
Sanitary Sewer.
The Health Officer may grant an extension of time of up to five (5)
years to connect the property to a public sanitary sewer if the on-site
sewage disposal system on the property does not constitute a public
nuisance.
Extension Application. An application for an extension of time must
include (a) the application form included with this notice, (b) an
inspection report describing the condition of the existing on-site
sewage disposal system, and (c) a covenant agreeing to connect .the
property (including all buildings on the property from which sewage
is generated) to an approved public sanitary sewer within the time
allowed by the extension. The inspection report and covenant are
described below:
The inspection report is a written report summarizing the results of
an inspection of the existing sewage disposal system on the property.
The report must state Whether the private on-site sewage disposal
system is operating in Compliance with the City of Saratoga
Municipal Code. (A complete copy of the code as it applies to
sewage disposal systems is available for review in the office of the
Director of Community Development. Please send a request to the
address indicated in Section II, above, if you would like a copy of
the relevant provisions-of the code mailed to you.) The inspection
must be conducted and the report prepared by a registered civil
engineer or'a registered environmental health'specialist, or any other
individual who is determined by the Director of the Santa Clara
County Environmental Health Department to be qualified to perform
such inspection. (If you choose to have a report prepared by an
individual who is not a registered civil engineer or a registered
environmental health specialist, the inspection report must 'include a
letter or other acknowledgment from the Director of the Santa Clara
County Environmental Health Department confirming that the
· inspector is qualified to perform the inspection.)
The inspection report may also include information regarding
4
existing soil conditions in the area, drainage conditions, the degree of
development in the area, and the type and condition of the particular
sewage disposal system serving the property.
The information in the inspection report will be considered by the
Health Officer in determining whether the existing on-site sewage
disposal system is and can reasonably be expected to remain
adequate for treatment and disposal of sewage during the period of
the extension without constituting a public nuisance. The Health
Officer will make this determination based on the condition of the
on-site system, itself as well as existing soil conditions in the area,
drainage conditions, and the degree of development in the area.
The extension application must also be accompanied by a letter from
the property owner agreeing to enter into a covenant in which the
property owner agrees (a) to cause connection of the property
(including all buildings on the property from which sewage is
generated) to be made to the existing public sanitary sewer within
the time period of the extension granted by the Health Officer or
upon demand of the Health Officer, whichever date comes first, and
(b) to notify any purchaser or transferee of the existence of the
covenant and the performance or non-performance thereof prior to
such purchase or transfer.
o
Review and Approval or Denial of Extension Application. Upon
receipt of an application for an extension of time, the City Health
Officer will review the application and determine whether an
extension will be granted and, if granted, the length of time for
which the extension will apply. If the extension is granted, the
Health Officer will complete the covenant to include the expiration
date of the extension. The extension will take effect after the
covenant has been signed by the property owner and recorded in the
Santa Clara County Recorder's office. The term of the extension
may be extended beyond five (5) years only upon a determination of
financial hardship made by the City Council.
If the extension request is not granted, a Notice of Non-Compliance
will be recorded against the property and a letter stating that the
Co
extension request has been denied will be sent to the property owner
and will specify the date by which connection of the property
(including all buildings on the property from which sewage is
generated) to the public sanitary sewer system must occur.
o
Appeal of Extension Application. The determinations of the Health
Officer may be appealed to the City of Saratoga Board of Appeals
pursuant to Section 3-15.080 of the City of Saratoga Municipal
Code. The decision of the Board of Appeals shall be final.
All correspondence concerning extension applications should be directed to
the Health Officer at the address indicated in Section II, above.
Vacation of the Property.
Property owners or occupiers may also demonstrate compliance with
the Code by vacating the property. In order to demonstrate compliance
with the Code in this manner, the following information must be provided
to the Health Officer: Certification by a registered civil engineer, registered
environmental health specialist, or other qualified professional that all
sewage facilities on the property 'have been abandoned in accordance with
Section B 11-29 of the Code of Santa Clara County.
All correspondence concerning vacation of the property should be directed
to the Health Officer at the address indicated in Section II, above.
Inapplicability of Ordinance.
As described in Section I, above, the requirement for connection to a
public sanitary sewer applies only to property within the boundaries of the
City of Saratoga from or upon which any sewage whatsoever is generated
and which: (1) is not connected to an existing approved public sanitary
sewer; and (2) is located such that a public sanitary sewer is available
within two hundred (200) feet of the boundary line of such property. If you
believe that your property does not meet the description above and that you
have received this Notice in error, please provide evidence supporting that
position to the Health Officer. Note that a public sanitary sewer within 200
feet of the boundary line of a property may not be available to that property
6
if the right-of-way necessary to connect the property to the sewer cannot be
obtained or if the grade between the property and the sewer system does not
allow connection.
All correspondence Concerning the validity of the determination in Section
I, above, should be directed to the Health Officer at the address indicated in
Section II, above.
Mo
REQUIREMENTS APPLICABLE UPON SALE OR TRANSFER OF
PROPERTY.
Please be advised that Section 7-10.070 of the. Saratoga Municipal Code
prohibits the transfer or conveyance of more than fifty (50) percent of the
ownership interest in any real property, residence, place of business, or other
building that (1) is located within two hundred (200) feet of an available approved
public sanitary sewer and (2) has a private on-site sewage disposal system unless
the buyer and seller arrange for connection to an approved public sanitary sewer to
the satisfaction of the Health Officer as a condition to close of escrow or transfer
of ownerShip of the subject property.
P:\SA RATOGAX/VlAT 1 \RST041 .V6
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Cupertino Sanitary District
(408) 253-7071
MAP OF'
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Sanitation District Boundary Map
On-Site Sewage Disposal System Abatement Program
Compliance Report/Request for Compliance Extension
Please complete this form and file it with the City of Saratoga at the address listed below no later than the
date specified in the Notice of Requirement for Connection to Public Sanitary Sewer.
I. Property and Owner Information
Property Address:
Assessor's Parcel No.
Property Owner(s):
Tenant(s) [if other than owner(s)]-
Primary Contact (other than owner(s)):
(Name) (Daytime Phone)
(Street) (Fax)
(City, State, Zip)
(Evening Phone)
II.
(E-Mail Address)
(Note: The Primary Contact is a person you authorize (other than yourself and any other owners) to
receive correspondence and other communications fi.om the City conceming your property's
compliance with the Abatement Program.)
Compliance Report/Extension Request
Please check one of the following:
The property named above has been connected to an approved public sanitary sewer.
Attached please find a letter from the sanitary sewer district serving the property
documenting this fact.
I hereby request an extension of time to connect the property named above to an approved
public sanitary sewer. Attach&d please find (1) an inspection report prepared in accordance
with section 7-10.070 of the City of Saratoga Municipal Code and (2) a proposed covenant
satisfying the requirements of section 7-10.080 of the City of Saratoga Municipal code.
The property owner(s) agree to execute the attached covenant if the extension request is
approved. The inspector's report was prepared by
(name of inspector) based on an
inspection performed on (date of inspection).
The property named above has been vacated. Attached please find certification by a
registered civil engineer, registered environmental health specialist, or other qualified
professional that all sewage facilities on the property have been abandoned in
accordance with Section B 11-29 of the Code of Santa Clara County.
The property is not subject to the on-site sewage disposal system abatement
requirements of the City of Saratoga for the reasons documented in the attached
materials.
By my signature below I declare that the information submitted herein and attached hereto is accurate
and true and that I am the owner of the property named above or am authorized to file this document and
all attachments and make the representations herein and attached hereto on behalf of the owner(s) of said
property.
Filed this day of ., 2000.
(Signature)
(Printed Name)
(Address and phone if different from primary contact listed above)
This document along with supporting materials must be filed with the City of Saratoga Health
Officer addressed as follows:
Health Officer
c/o Kristin Borel
Community Development Department
City of Saratoga
13 777 Fruitvale Avenue
Saratoga, CA 95070
2
SARATOGA CITY COUNCIL
MEETING DATE: September 20, 2000 AGENDA ITEM:
ORIGINATING DEPT: Administrative Services CITY MANAGER:
PREPARED BY://~fAr,a.c~g ~/~
/
SUBJECT: City of Saratoga Cost Allocation Plan
RECOMMENDED ACTION(S):
Accept oral report.
REPORT SUMMARY:
During the May 17, 2000, City Council meeting, staff was asked to
allocation plan. The Administrative Services Director will make
methodology used to distribute overhead using the City's cost allocation plan.
FISCAL IMPACTS:
No direct fiscal impact.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S):
None.
ALTERNATIVE ACTION(S):
None.
FOLLOW UP ACTION(S):
None.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Nothing additional.
ATTACHMENTS:
None
explain the City's cost
a presentation on the