Loading...
HomeMy WebLinkAbout05-16-2001 City Council Agenda PacketCITY OF SARATOGA CITY COUNCIL LAND USE AGENDA TUESDAY, MAY 15, 2001 3:00 P.M. SITE VISITS WILL BE MADE TO THE FOLLOWING ITEMS ON THE CITY COUNCIL AGENDA FOR MAY 16, 2001 ,- ROLL CALL : REPORT OF POSTING AGENDA KEEP ONE YEAR AGENDA 1. DR-00-036 SAN FILIPPO -SobeY ROad- 2. DR-00-054 & V-01-002 MARTIN/ROSE Kittridge Road The City Council conducts site visits to properties which are new items on the City Council agenda. The site xdsits are held on Tuesday preceding the Wednesday heating between 3:00 p.m. - 5:00 p.m. Site visits only Occur when there is an appeal scheduled before the City Council. It is not necessary for the applicant to be present, but you are invited to join the Council at the site visit to answer any questions which may arise. Site visits are generally short (5 to 10 minutes) because of time constraints. Any presentations and testimony you may wish to give should be saved for the public heating. Please contact staff Tuesday' morning for an estimated time of the site visit. AGENDA REGULAR MEETING SARATOGA CITY COUNCIL MAY 16, 2001 CALL MEETING TO ORDER-6:00 P.M. ~NOUNCEMENT OF CLOSED SESSION ITEMS ADJOURNED TO CLOSED SESSION - 6:00 P.M. Conference with Legal Counsel re: Existing Litigation (Gov't Code 54956.9(a)). Name of Case: CiD' of Saratoga v. West Valley College Santa Clara County Superior Court No. Doc. CIV756340. Conference With Legal Counsel - Existing Litigation (Government Code section 54956.9(a)): Name of case: CiD' of Saratoga v. Hinz (Santa Clara County Superior Court Doc. No. CV-784560) Conference With Legal Counsel - Existing Litigation (Government Code section 54956.9(a)): Name of case: CiD, of Saratoga v. Bunch (Santa Clara County Superibr Court Doc. No. AS-92021676) Significant exposure to litigation pursuant to Government Code section 54956.9(b): (1 potential case.) REGUL.~R MEETING - 7:00 P.M. - CIVIC THEATER/COUNCIL CHAMBERS AT 13777 FRUITVALE AVENUE. MAYOR'S REPORT ON CLOSED SESSION PLEDGE OF ALLEGIANCE ROLL CALL REPORT OF CITY CLERK ON POSTING OF AGENDA (Pursuant to Gov't. Code 54954.2, the agenda for this meeting was properly posted on May 11, 2001) COMMUNICATIONS FROM COMMISSIONS & PUBLIC Oral Communications on Non-AgendLzed Items A~Lv member of the public will be allowed to address the CiO, Council for up to three (3) minutes on matters not on this agenda. The law generally prohibits the council from discussing or taking action on such items. However, the Council may instruct staff accordingly regarding Oral Communications under Council Direction to Staff 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. Presentation by Government Finance Officers Association to Mary Jo Walker, Director of Administrative Services and Ray Galindo, Accounting Supervisor for "Certificate of Achievement for Excellence in Financial Reporting". Recommended action: Accept certificate. lB. Proclamation - Declaring June 2, 2001 "YMCA DAY" Recommended action: Read proclamation. lC. Commendation for Venise Taaffe, On Your Toes Recommended action: Present commendation. 1D. Commendation for Chuck Page, Planning Commission Recommended action: Present commendation. 1E. Commendation for Mary-Lynne Bemald, Planning Commission Recommended action: Present commendation. 1F. Commendation for Margaret Patrick, Planning Commission Recommended action: Present commendation. 2 CONSENT CALENDAR The Consent Calendar contains routine items of business. Items in this section will be acted in one motion, unless removed by the Mayor or a Council member. Any member of the public may speak to an item on the Consent Calendar at this time, or request the Mayor remove an item.from the Consent Calendar for discussion. Public Speakers are limited to three (3fi minutes. 2A. Review of Check Register Recommended action: Approve check register. 2B. APril Financial Statements Recommended action: Note and file. 2C. Review Planning Commission Action Minutes - April 25, 2001 Recommended action: Note and file. 2D. Final Map Approval for Five Lots located at 20251 Saratoga-Los Gatos Road, SD-00-002; Howell & McNeil Development, LLC Recommended action: Approve Final Map. 2E. 2F. Accept Notice of Completion for the Park Restoration Improvement Project, CIP No 0001 Recommended action: Accept Notice. Resolution Supporting the Transbay Terminal Improvement Plan Recommended action: Adopt resolution. 2G. Authorization to City Manager to execute a~eement with Caporicci, Cropper & Larson, LLP to provide auditing services for FY 2001-2005 Recommended action: Authorize City Manager to execute a~eement. 2H. Purchase of Property Adjacent to Hakone Park Recommended action: Adopt resolution and approve a~eement with County of Santa Clara. PUBLIC HEAR/NGS (Applicants/Appellants and their representatives have a total of ten minutes maximum for opening statements. Members of the public ma3' 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) Appeal of Planning Commission denial of DR-00-054 & V-01-002 (517-14-087) - Martin/Rose, Kittridge Road Recommended action: Continue Public Heating at the request of the Appellant. Appeal of Planning Commission denial of DR-00-036 (397-05-091) - San Filippo, Sobey Road Recommended action: Deny the appeal and uphold the Planning Conunission's decision. OLD BUSINESS None NEW BUSINESS Fiscal Years 2001/02 and 2002/03 Draft Budget Presentation Recommended action: Continue the budget study sessions. Authorization to City. Manager to execute agreement ora Professional Sen:ices Agreement for the Saratoga-Sunnyvale Road Improvement Project Recommended action: Authorize City Manager to execute agreement. AGENCY ASSIGNMENT REPORTS Government Agency Assoc. of Bay Area Gov't.(ABAG) Chamber of Commerce Board County Cities Assn. Leg. Task Force County HCD Policy Committee Emergency Planning Council Hakone Foundation Liaison KSAR Community Access TV Board Library Joint Powers Authohty Board No. Cent. Flood Cont. Zone Adv. Committee Peninsula Div., League of Calif. Cities Santa Clara Valley Water Commission Santa Clara County Cities Assn. SASCC Liaison Saratoga Business Development Council Sister City Liaison Representative Alternate Mehaffey Baker Waltonsmith Streit Streit Bogosian Baker Waltonsmith Baker Waltonsmith Mehaffey/Streit Baker Mehaffey Bogosian Streit Bogosian Waltonsmith Mehaffey Streit Streit Baker Mehaffey Baker Waltonsmith Bogosian Mehaffey Waltonsmith Waltonsmith Mehaffey 4 West Valley Solid Waste JPA Valley Transportation Authority PAC West Valley Sanitation District Silicon Valley Animal Control JPA Streit Baker Waltonsmith Mehaffey Baker Mehaffey Bogosian CITY COUNCIL ITEMS OTHER CITY MANAGER'S REPORT :XDJOURNMENT In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this meeting, please contact the CiO' Clerk at (408) 868-1269. Notification 48 hours prior to the meeting will enable the Cio, to make reasonable arrangements to ensure accessibiliO, to this meeting (28 CFR 35.102-35.104 ADA Title lO SCHEDULED CITY COUNCIL MEETINGS May 22, 2001 Adjourned Meeting/Joint Session 7:00 p.m. Saratoga Union School District Adult Care Center 19655 Allendale avenue Saratoga, Califomia June 6, 2001 Regular Meeting/Council Chambers 7:00 p.m. 13777 Fruitvale Avenue Saratoga, California June 20, 2001 Regular Meeting/Council Chambers 7:00 p.m. 13777 Fruitvale Avenue Saratoga, California Julv 4, 2001 Regular Meeting/Cancelled Legal Holiday July 18, 2001 Regular Meeting/Council Chambers 7:00 p.m. 13777 Fruitvale Avenue Saratoga, California August 1, 2001 Regular Meeting/Cancelled Summer Recess August 15, 2001 Regular Meeting/Council Chambers 13777 Fruitvale Avenue Saratoga, California 7:00 p.m. 5 SARATOGA CITY COUNCIL MEETING DATE: May 16, 2001 ORIGINATING I}E, PTDCitn? Manager PRE P.M~E I~'d~'~.. ~ AGENDA ITEM: CITY MANAGER: DEPT HE.aD: SUBJECT: Presentation by Government Finance Officers Association RECOMMENDED ACTION: Accept certificate. REPORT SUMMARY: The City's comprehensive annual financing report for the fiscal year ended June 30, 20001 qualified for a Certificate of Achievement for Excellence in Financial Reporting. The certificate of Achievement is the highest form of recognition in governmental accounting and financial reporting. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: N/A ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ~- ATTACHMENTS: Attachment A - Letter from Government Finance Officers Association GOVERNMENT FINANCE OFFICERS ASSOCIatION 180 No~h Michigan Avenue, Sure 800, Chicago, ~llinois 60601 312/977-9700 · Fax: 312/9774806 April 19, 2001 For information contact: NEWS RELEASE Stephen Gauthier (312) 977-9700 (Chicago)--The Certificate of Achievement for Excellence in Finan- cial Reporting has been awarded to: City of Saratoga, CA by the Government Finance Officers Association of the United States and Canada (GFOA) for its comprehensive annual financial report (CAFR). The Certificate of Achievement is the highest form of recognition in the area of governmental accounting and financial reporting, and its attainment represents a significant accomplish- ment by a government and its management. An Award of Financial Reporting Achievement has been awarded to the individual(s), department or agency designated by the government as primarily responsible for preparing the award- winning CAFR. This has been presented to: Mary Jo Walker, Administrative Services Director The CAFR has been judged by an impartial panel to meet the high standards of the program including demonstrating a construc- tive "spirit of full disclosure" to clearly communicate its financial story and motivate potential users and user groups to read the CAFR. The GFOA is a nonprofit professional association serving approximately 14,000 government finance professionals with offices in Chicago, Illinois, and Washington, D.C. - 30 W. ASHINGTON OFF!CE 1750 K Street, N.W., Suite 650, Washington, DC 20008 202/429-2750 · Fax: 202/429-2755 SARATOGA CITY COUNCIL MEETING DATE: May 16, 2001 ORIGINATING DEPT: CiD' Manager PREP.M~ED BY: AGENDA ITEM: CITY MANAGER: DEPT HEAD: SUBJECT: Proclamation - Declaring June 2, 2001 "YMCA DAY" RECOMMENDED ACTION: Read proclamation. REPORT SUMMARY: The Southwest YMCA has requested the City of Saratoga recognize June 2, 2001 as "YMCA DAY". FISCAL IMPACTS: N.:A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: N/A ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: Attachment A - Letter from Southwest YMCA Attachment B - Proclamation VWe build strong kids. strong families. · strong communities. March 13,2001 Ci~, of Saratoga Council c/o John Mehaffey, Mayor of Saratoga 13777 Fruitdale Avenue Saratoga, CA 95070 Dear Mayor Mehaffey: On behalf of the Southwest YMCA, I am v~xiting to ask that you help us mark a momentous occasion. This year the YMCA movement is celebrating 150 years of communiD, sen'ice in America. The Southwest YMCA is proud to be part of a movement with such an extraordinaD, histoD' and is planning celebrations throughout the year to mark both YMCA's collective histoD, and our own YMCA's 40 years of service in Saratoga. It would be a tremendous honor for the Southwest ~xq~lCA if you were to issue a proclamation recognizing our 5qVlCA's and the YIvlCA movement's achievements in building strong kids, strong families and strong communities. Specifically, we would like to have you proclaim June 2, 2001, "kWICA Day". I have enclosed a fact sheet that highlights the Southwest YMCA's wide range of pro,ams and sen'ices, all desired to meet our communiB"s needs. Upon review, I think you will understand why I am a dedicated volunteer of this organization. Even' day we live our mission and sen'e people of all ages, incomes and abilities. I look fonvard to further discussing a proclamation for the Southwest xxqMCA and your participation in the YMCA World's Largest Run at Shoreline Park on June 2, 2001. Sincerely, Susan Karo Board Chair Southwest 53dCA · 13500 Quito Road ,' Saratoga, CA 95070 408.370.1877 · Fax: 408.370.1333 CITY OF SARATOGA PROCLA~MATION DECLARING JUNE 2, 2001 "YMCA DAY" WHEREAS, The year 2001 marks the 150th anniversary of the YMCA movement in the United States, and marks the 40th anniversary of the Southwest YMCA; and WHEREAS, the ~'ICA has touched the lives of virtually all Americans, from pioneering camping, public libraries, night schools, group swimming lesions and lifesaving, and teaching English as a second language to inventing basketball and volleyball; and WHEREAS, the 'i~,~CA is dedicated to building strong kids, strong families and strong communities; and WHEREAS, the YMCA sen:es people of all ages, incomes and abilities through a wide variety of programs and services designed to meet changing communi~, needs; and WHEREAS, the YMCA lives its mission ever), da3', "The YMCA of Santa Clara Valley, based upon Judeo Christian principals, is committed to strengthening and enriching the development of individuals and families through quality programs and sen-ices that build a healthy spirit, mind and body for all"; and WHEREAS, the xt .'MCA movement in the United States sen:es nearly 18 million members and locally 60 thousand members per year as an organization that is volunteer-founded, volunteer-based and volunteer-led; and rI-IEREAS, Southwest x~ ,LMCA programs provide a spirit of adventure that challenges members to learn new 'n~kills, tr)' new activities and explore other cultures while being good citizens in their community; and WHEREAS, Southwest YMCA provides parents with high-quality, affordable child care; provides teen with a safe place to go after school; provides families a fun, affordable place to spend time together; provides seniors with social programs; and provides healthy programs and sen'ices for everyone in the community; and Vv~-IEREAS, Southwest YMCA is part of a national movement that sen'es 9 million children per year, that is the nation's largest child are provider; that currently serves one in ten teens; and that incorporates the values of caring, honesty, respect and responsibility into all of its programs; and '¢,q-IEREAS, the YMCA movement has along history of partnership with other community organizations, such as schools, hospitals and police departments; and x3,q-IEREAS, the 150th anniversary of YMCA movement and the 40h anniversary Southwest YMCA will draw special public attention to the distinguished history of the organization and to benefits that the people of Saratoga have enjoyed as a result of the proud tradition of this organization. NOW, THERFORE BE IT RESOLVED, that the City Council of the City of Saratoga takes great pleasure in recognizing the Southwest YMCA on the celebration of its 40th anniversary and the 150th anniversary, of the YMCA movement and in acknowledging with great pride the positive impact of the organization in this community. our hand and seal of the City of Saratoga on this 16t~ day of May 2001. John Mehaffey, Mayor City of Saratoga SARATOGA CITY COUNCIL MEETING DATE: May 16, 2001 ORIGINATING DEPT: CiD' Manager PREPARED BY: AGENDA ITEM: \C_~ CITY MANAGER: ~~~ DEPT HE.M): SUBJECT: Commendation for Venise Taaffe RECOMMENDED ACTION: Present Commendation. REPORT SUMMARY: Attached is a commendation for Venise Taaffe, who has successfully been providing dance programs to the Saratoga Recreation Department for the past fifteen years. FISC.&L IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: NIA FOLLOW UP ACTION: N/A ADVERTISING, NOTICING AND PUBLIC CONTACT: Posting of the agenda. ATTACHMENTS: Attachment A - Copy of commendation. CITY OF SARATOGA RESOLUTION OF THE CITY COUNCIL COMMENDING WHEREAS, Venise Taaffe brought On Your Toes dance pro.am to the Saratoga Recreation Department in April of 1986; and WHEREAS, On Your Toes dance pro~arn immediately ~ew from 6 children to 175 and now has over 250 students; and WHEREAS, On Your Toes has ~own to offer over 30 classes (nearly 25 hours weekly) and numerous summer camps annually; and '~VHEREAS, dance encourages ~owth of self confidence, coordination, flexibility, endurance and strength in participants; a~nd WHEREAS, On Your Toes won a First Place ribbon in the Saratoga Parade; and WHEREAS, On Your Toes has helped parents purchase, well below retail and without si~maificant markup, high quality shoes, tutus, leotards, dance gifts, flowers, pictures, videos and more; and WHEREAS, On Your Toes won a Silver Medal from Bay Area Parent Magazine for the "Best of the Best" Children's Dance Pro~an~ in Silicon Valley; and ¥¥'HEREAS, Venise and her staff produce an annual dance recital for her students, their family and friends; and WHEREAS, Venise has coordinated the dance routines, costumes, music, securing of venue, pro.am, decorations, parking, staffing and much more for over 3,500 students participating in said recitals; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Saratoga recognizes that On Your Toes, with Venise Taaffe as director, has, for 15 years, consistently maintained a HIGH QUALITY dance pro.am for the residents of the City of Saratoga. Be it further proclaimed that On Your Ioes exemplifies the Recreation Department's commitment to "Creating Community Through Quality Recreation Pro.ams." -: John M2ehaffey, Mayor City of Saratoga SARATOGA CITY COUNCIL MEETING DATE: May 16, 2001 ORIGINATING ~D' Manager AGENDA ITEM: CITY 5L&NAGER: \D DEPT HEAD: SUBJECT: Commendation for Chuck Page RECOMMENDED ACTION: Present Commendation. REPORT SUMMARY: Attached is a commendation for Chuck Page, outgoing Planning Commissioner. FISCAL IMPACTS: NA CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N-A ALTEILNATIVE ACTION: N.A FOLLOW UP ACTION: NA ADVERTISING, NOTICING AN'D PUBLIC CONTACT: Posting of the agenda. ATTACHMENTS: Attachment A - Copy of commendation. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA COMMENDING CHUCK PAGE FOR HIS SERVICE ON THE PLANNING COMMISSION WHEREAS, Chuck Page has served on the Planning Commission from July 1998 to April 2001; and WHEREAS, Chuck actively participated in a number of important land use matters considered by the Commission during those years, particularly the review of several major development proposals, including the expansion and renovation of the Odd Fellows Senior Care and Living Facility and the Argonaut Shopping Center, Sobrato Development, as well as many other sig-nificant projects that have been reviewed by the Planning Commission to ensure their integration into the environment and community character; and WHEREAS, Chuck also setwed as Planning Commission Chairman and participated in the Planning Commission's consideration and completion of the Circulation Element; and WHEREAS, Chuck participated in the review of two Julia Morgan houses proposed for renovation and the enhancement of the Old Grandview Estate; and WHEREAS, since it is apparent to all who worked with him that Chuck has been a dedicated and hard working Planning Commissioner, his many years of service are greatly appreciated by the Planning Commission, the CiD' Council, and the staff. NOW, THEREFORE, BE IT RESOLVED, that Chuck Page is hereby commended and thanked for his hard work and dedication on the Planning Commission; and BE IT FURTHER RESOLVED that we wish him well in the future. WITNESS MY HAND AND THE SEAL OF THE CITY OF SA1L4,TOGA on this 16th day of May 2001. John Mehaffey, Mayor City of Saratoga SARATOGA CITY COUNCIL MEETING DATE: May 16, 2001 ORIGINATING ' .~ PREPARED BY:~ SUBJECT: Commendatio~nne Bernald AGENDA ITEM: CITY .~L~NAGER: DEPT HEAD: RECOMMENDED ACTION: Present Commendation. REPORT SUMMARY: Attached is a commendation for Mary-L~vnne Bemald, outgoing PlanningCommissioner. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: N/A ADVERTISING, NOTICING AND PUBLIC CONTACT: Posting of the agenda. ATIACHMENTS: Attachment A - Copy of commendation. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA COMMENI)ING MARY-LYNNE BERNALD FOR HER SERVICE ON THE PLANNING COMMISSION WHEREAS, Mary-Lynne Bemald has sen:ed on the Planning Commission from November 1996 to April 2001; and WHEREAS, Mary-Lynne actively participated in a number of important land use matters considered by the Commission during that time, particularly the careful review and completion of the Circulation Element, and the Sobrato Development, Argonaut Sihopping Center, Azule Crossing as well as many other significant projects that have been reviewed by the Planning Commission to ensure their integration into the environment and community character; and WHEREAS, Mary-Lynne participated in the Planning Commission's review of the of two Julia Morgan houses and the enhancement of the Old Grandview Estate; and WHEREAS, Mary-Lynne's concern for residents and design skills resulted in decisions that considered the needs of existing neighbors when considering applications ranging from major development proposals to minor home additions; and WHEREAS, since it is apparent to all who worked with her that Mary-Lynne has been a dedicated and hard working Planning Commissioner, her years of sen'ice are ~eatly appreciated by the Planning Commission, the City Council and the staff. NOW, THEREFORE, BE IT RESOLVED, that Mary-Lynne Bernald is hereby commended and thanked for her hard work and dedication on the Planning Commission; and BE IT FURTHER RESOLVED that we wish her well in the future. WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this 16th day of May 2001. John Mehaffey, Mayor City of Saratoga SARATOGA CITY COUNCIL MEETING DATE: May 16, 2001 AGENDA ITEM: ORIGINATING DSPT~D? Manager PRE P:M~,ED BY:~/~~ SUBJECT: Commendation for Margaret Patrick CITY MANAGER: DEPT HEAD: RECOMMENDED ACTION: Present Commendation. REPORT SUMMARY: Attached is a commendation for Margaret Patrick, outgoing Planning Commissioner. FISCAL IMPACTS: N.'A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N.'A ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: N~A ADVERTISING, NOTICING .~ND PUBLIC CONTACT: Posting of the agenda. ATTACHMENTS: Attachment A - Copy of commendation. RESOLUTION OF THE CITY COL~CIL OF THE CITY OF SARATOGA COMMENDING MARGARET PATRICK FOR HER SERVICE ON THE PL.~NNING COMMISSION WHEREAS, Margaret Patrick has-served on the Planning Commission from August 8, 1994 to April 1,2001; and WHEREAS, Margaret actively participated in a'number of important land use matters considered by the Commission during those years, particularly the review of several major development proposals, including the expansion and renovation of the Odd Fellows Senior Care and Living Facility and the Argonaut Shopping Center, Sobrato Development, as well as many other significant projects that have been reviewed by the Planning Commission to ensure their integration into the environment and community character; and WHEREAS, Margaret participated in the Planning Commission's consideration and completion of the Circulation Element; and WHEREAS, Margaret participated in the review of two Julia Morgan houses proposed for renovation and the enhancement of the Old Grandview Estate; and WHEREAS, since it is apparent to all who worked with her that Margaret has been a dedicated and hard working Planning Commissioner, her many years of sen;ice are greatly appreciated by the Planning Commission, the City Council, and the staff. NOW, THEREFORE, BE IT RESOLVED, that Margaret Patrick is hereby commended and thanked for her hard work on the Planning Commission; and BE IT FURTHER RESOLVED that we wish her well in the future. WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this 16t~ day of May 2001. John iMehaffey, Mayor City of Saratoga SARATOGA CITY COUNCIL MEETING DATE: May 16, 2001 AGENDA ITEM: ORIGINATING DEPT: Administrative Services CITY MANAGER: SUBJECT: Check Register RECOMMENDED ACTION(S): Approve the Check Register. REPORT SUMMARY: Attached is the Check Register. FISCAL IMPACTS: None CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): None .a.~LTERNATIVE ACTION(S): None FOLLOW UP ACTION(S): None ADVERTISING, NOTICING AND PUBLIC CONTACT: None ATTACHMENTS: Check Register Certification. IFund# Fund Name Date Manual Void 4127101 Checks Checks AP CHEC KS A84803-85091 1 GENERAL 60,703.59 100 COPS-SLESF 60.00 110 Traffic Safety 150 Streets & Roads 6,504.73 160 Transit Dev 170 Hillside Repair 180 LLA Districts 5,696.47 250 Dev Services 36,822.31 260 Environmental 270 Housing & Comm 290 Recreation 24,652.60 292 Facility Ops 754.00 293 Theatre Surcharge 300 State Park 310 Park Develpmt 11,661.84 320 Library Expansion -. 93,209.71 400 Library Debt 410 Civic Cntr COP 420 Leonard Creek 700 Quarry Creek 710 Heritage Prsvn 720 Cable TV 730 PD #2 74O PD #3 800 Deposit Agency 2,376.00 810 Deferred Comp 830 Payroll Agency 990 SPFA ISubtotal 10,896.30 242,441.25 10,896.30 PAYROLL CHECKS: B26585-26619 TOTAL 378 Prepared I)y: Approved 3y: Date: Z O~ ~0 o~; 0 0 0 0 ~ 0 0 0 ~ 0 0 m 0 ~ 0 0 o ~ 0 ~ u o o o o o o o o "~0 o o o co co O'~- g~ o ~ o o ~ o o o o mo o ~ o ~ o ~ ' o ~ o o ~ ~ ~ ~ ~ ~ ~ ~ o ~ ~ o o~ o3. 0',~' Uo U o°'~ §'~ §~o o°" o o o o o [ilO[.-, o oooo o o o o o o o o o ~ ...... ~o o ~o ~o 40 ~ ~o ~o o oo U ~ o ~o ~o ......... § § [..-, o ,~0 o o oo oo o o o o o o o oo oo =oo o .o o ~o oo oo oo ~ ~ o o ~ ~ o ~ ~ - G G o o o o o do ~0 oo o o o o ooo o r~ "~ 0 r~ ~ o 121 o z o m o m o o ~ o o ~ o o ~m o - o ~ o o oo o oo o oo  ~oo ~o .oo ~o oo ~ ~ ~ ~ 0 [-. O0 0 nn 0 o o o o o o ooo o ~ ~ ~ ~ > > >~ > § o o o § .% o ~ ~ ~ ~ ~ o = oo ~ ~ ~ ~ ..... SARATOGA CITY COUNCIL MEETING DATE: May 16, 2001 AGENDA ITEM: ORIGINATING DEPT: Administrative Services CITY MANAGER: PREPARED BY:/,'?,~o't, v 7c7~ _/f,/~J~b,~~DEPT HEAD:///~%~/ff SUBJECT: Financial Reports for the Ten Months Ended April 2001 RECOMMENDED ACTION(S): Accept the financial repons and the Treasurer's report for the ten months ended April 30, 2001. REPORT SUMMARY: The accompanYing financial repons represent the revenues, expenditures and fund balances in all City funds for the ten months ended April 30, 2001. Summary Overall revenues are higher than expected at this point in the annual cycle, and expenditures are slightly lower than budgete& For the ten months ended April 30, the City is in a positive financial condition when compared to the annual budgeted revenues and expenditures. Revenues General Fund revenues are about $1.5 million higher than expected as of April 30. This is due to higher property tax, sales tax, transfer tax, interest income, and motor vehicle license fees. The new special assessment from Vessing Road Assessment District will be less than we budgeted because costs have been less than anticipated so we are required to collect lower revenues. In other funds, Development Fund revenues continue to be higher than budgeted this fiscal year due to the continued active building environment. The FHWA reimbursement in the Streets and Roads Fund for the Quito Road Bridge was expected to be received this fiscal year, but both the work and the related reimbursement will be delayed until next fiscal year. Revenues in all other funds remain approximately as anticipated. Expenditures General Fund expenditures are about $350,000 less than anticipated as of April 30, with minor variances in many of the program budgets. Expenditures in the Streets and Roads Fund are slightly low, but it is anticipated that they will increase within the next few months when a majority of the streets and medians/parkways work is completed. Other funds are very close t.o where they are expected to be. Fund Balance The General Fund balance is $11,488,320 as of April 30, 2001, and $19,006,157 for all funds combined. At this point, it is anticipated that the Ge,neral fund balance will be approximateiy $1.2 million lOwer by June 30, 2001, assmxfing the following transactions will Occur before the end of the fiscal year: The General Fund will be reimbursed by the Libn~xy Construction fund for about $600,000 in expenses incurred before the bonds were sold, ' - Approximately $200,000 in vehicles and rolling stock will be purchased, - The pavement management program will be completed, with expenditures ofapproximately $1.3 million, and - Capital projects funded by the General FUnd will be completed for about $300,000. ~ The fund balance for all. funds combined is expected be about $30 million as of. June 30. Tlfis includes the library bond proceeds of $15 million that 'were received in May. This also assumes that approximately $3.5 million budgeted for the .pavement management, park improvements, and capital e~tpenditures that have not yet been spent, will be spent by June 30. FISCAL IMPACTS: Discussed above. CONSEQUENCES OF NOT ACTING ON RECOMMENDED MOTION(~): None. ALTERNATIVE ACTION(S): None. FOLLOW UP ACTION(S): Accept and file the reports. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: Financial repons for April 2001. Treasurer's Report for April 2001. 2 7 CITY OF SARATOGA TEN MONTHS ENDED APRIL 30, 2001 PERCENT OF YEAR ELAPSED = 83.33% FUNDBALANCE FUND FUND DESCRIPTION 001 GENERAL FUND 002 MIS KEPLACEMENT FUND 003 PEKS RETIREMENT FUND TOTAL GENERAL FUND AUDITED UNAUDITED BALANCE YEAR TO DATE ' ADJUSTS & BALANCE JULY i. 2000~ EXPENDFTURE TRANSFERS APIL30. 2001 $ 8,955,703$ 7,292,700$ 4,382,843 $ (377,240) $ I 1,488,320 95,000 35,000 130,000 34,917 · - 34,917 9,085,620 7,292,700 4,382,843 (342,240) SPECIAL REVENUE FUNDS: 100 COPS SUE LAW ENFORCEMENT 44,119 105,862 43,490 5,682 112,173 110 TRAFFIC SAFETY SRF 94,105 4,059 (90,046) 150 STREETS&ROADS SRF 638,734 21954,870 1,228,653 (558,951) 1,800,000 160 TRANS DEV ACT SRF-CAP PROJ I 11,707 169,200 57,493 170 HILLSIDE REPAIR SRF 2,517 (2,517) 180 LANDSCAPE./LGTNG SRF 107,940 151,908 i37,798 122,050 250 DEVELOPMENT SRF 1.358,905 1,690.873 1,325,126 1,724,652 260 ENVIRONMENTAL PRG SRF 420,458 455,323 194,968 680,813 270 HOUSING & COMM DEV SRF 13,583 140,657 127,074 290 RECREATION SRF 588,145 760,682 172,537 292 FACILITY OPS SKF 105,549 196,611 91,002 293 THEATER TCK SRCHG SKF 171 17,093 8,502 (8,762) TOTAL SPECIAL REV. FUNDS 2,570.327 6,291,534 4,209,746 (206,428) 4,445,687 CAPITAL PROJECT FUNDS: 310 PARK DEVELOPMENT 2,143,964 30,684 264,267 1,910,381 320 LIBRARY EXPANSION 150,000 548,668 548,668 150,000 TOTAL SPE~CIAL REV. FUNDS 2,143,964 180,684 812,936 548,668 2,060.381 DEBT SERVICE FUND: 400 LIBRARY BONDS DEB2 SVC - 93,608 92,158 1,450 AGENCY FUNDS: LEONARD ROAD DEBT SVC 720 C.A TV TRUST FUND 730 PARKING DIST #2 DEBT SVC 1740 PARKING DIST #3 DEBT SVC SAKATOGA PUBL FIN AGNCY TOTAL AGENCY FUNDS TOTAL ALL FUNDS 40,329 4,817 12,132 33,014 86.303 5,296 91,599 1,508 1,508 16,698 80,922 177,378 (79,758) 485,374 485,374 302,711 10,953 313.664 932,923 101,989 189,510 845,402 $ 14,732,834 $ 13,960,515 $ 9,687,192- $ 19,006,157 AUDITED PROJECTED PROJECTED PROJECTED BALANCE YEAR TO DATE ADJUSTS & BALANCE JULY 1.2000 ~VENUE EXPENDITURE TRANSFERS JUNE 30.2001 $ 8,955,703 $ 8,598,222 $ 6,092,672 $ (I.249,622) $ 10,211.631 95,000 35,000 130,000 34,917 34,917 69,834 9,085,620 ' 8,598,222 6,092,672 (1,179,705) 10,411,465 44,119 100,000 111,344 11,344 44.119 148,500 25,917 (122,583) 638,734 3,916,434 3,851,392 1.102,224 1,806,000 95,234 169,200 73,966 2,517 0 (2,517) 107,940 193.608 171,670 129,878 1,358,005 1,867,000 1,634,501 (130,000) 1,461,404 420,458 552.096 587,691 384,863 382,034 101,260 (161,115) 119,659 737,500 1,036,412 298,912 130,000 224,416 94,416 171 25,000 40,078 14,907 2,570,327 8,149,923 7,953,881 1,179,554 3,945,9~ 2.143,964 250,000 1,381,000 1,012,964 15.000,000 1,000,000 14.000,0~0 2,143,964 15,250,000 2~81,000 15,012.964 94,774 94,774 151 I$1 40,329 12,130 12,131 40,328 86,303 4,800 0 91.103 · 1,508 0 1,508 16,698 172,125 172,125 16,698 485,374 0 485.374 302,711 23.500 , 0 326.21t 932,923 212,555 184,256 961,222 $ 14,732,834 $ 32.305,474 $ 16,706,583 $ $ 30.331,725 APRIL2001~RECAP Page 1 5/11/01 CITY OF SARAT~OGA TEN MONTHS ENDED A~PRIL 30, 2001 PERCENT OF YEAR ELAPSED -- 83.33% REVENUES FISCAL YEAR 2000-01 · ~ REVISED ESTIMATED : ORIGINAL BUDGET ACTUAL TITLE BUDGET (if different) (if different) YEAR-TO-DATE 4/30/01 4/30/01 ESTIMATE ACTUAL (YTD) ACTUAL/ 4/30 ESTIMATE 001 100 110 150 160 170 180 250 260 ' 270 290 292 293 310 320 400 REVENUE RECAP BY FUND GENERAL FUND SPECIAL REVENUE FUNDS: COPS-SLESF FUND 70,128 TRAF'FIC SAFETY FUND . . 153,500· STREETS & ROADS:SRF ' 5,096,627 TRANSPORT DEVELOP ACT SRF 97,234 HILLSIDE REPAIR FUND 6,088 LANDSCAPE & LIGHTING FUND. ~ ! 77;954 DEVELOPMENT FUND 1,508,200 ENVIRONMENTAL PROGRAM FUND 547,546' HOUSING & COMMUNITY DEV.FUND 262,928 · RECREATION FUND 782;300' $ 7,536,184" $8,244,558 ~ $8,598,222 $ 5,747,484 $ · 7,292,700 100,000 148,500 5,127,444 .' 3,916,434 95,234 2,517 193,608 1,568,687 '' 1,867~000 552,969 552,096 365,429 382,034 737,500 FACILITY OPERATIONS FUND ........ 120,000· THEATER TCK SRCHG SRF ..... 25,000 . '. TOTAL SPECIAL REVENUE FUNDS 8,847,505 8,976~'605 ' CAPIYAL PROJECTS FUNDS: PARK. DVLPMNT CAP'PRJ FND LIB1L~.RY EXPANSION CAP PROJ FUN TOTAL CAPITAL PROJECTS FUNDS DEB']' SERVICE FUND: LIBlL~RY BOND DEBT SRV FI,ID TOT/~L AGENCY FUNDS 420 LEObIARD RD DEBT SER FUND 720 CA TV TRUST FUND ' 730 PRK DST#2 DBT SR/AGNCY FD 740 PRK I)ST#3 DBT SR/AGNCY FD 800 DEPOSITS AGENCY FUND 990 SARATOGA PFA AGENCY FUND TOTAL AGENCY FUNDS .130,000 25,000 8,149,923 93,150 250,000' "- 1,000,000.' ' 15,000,000 '93,150. i: 1,093,150 ' 15,250,000 931678 ' 94;774 11,700 4,200 171,731· 20,000 4,800 172,125 23,500 207,631 212,555 $ 16,778,148 " $18,615,62~~ $32,305,474 TOTAL ALL FUNDS 100,000 87,500 . 2,983,549 111,707 4,407 A48,628 1,307,073.. 460;808' 16,338' 634~333 100,000 .' . 20,833 5,975~175 6,291,534 35,000 30,684 150,000 150,000 185,000 · 180,684 93,677 93,608 105,862 94,105 2,954,870 111,707 2,517 151,908 1,690,873 455,323 13,583 -588,145 105,549 17,093 9,75b 4,817 4,860 5,296 86,062 80,922 15,000 10,953 115,612- 101,989 $ 12,116,948 $ 13,960,515 26.9% 5.9% 7.5% -1.0% 0.0%·' -42.9% 2.2% 29.4% -16.9%' ~7.3% 5.5% -18.0% 5.3% 0.0% -2.3% -0.1% -50.6% 10.3% -6.0% -2~.0% -11.8% 15.2% APRIL2001\REVENOE Page 2 5)1 i/01 CITY OF SARATOGA TEN MONTHS ENDED APRIL 30, 2001 PERCENT OF YEAR ELAPSED = 83.33% REVENUES GENERAL FUND 001 TITLE PROP TAX SECURED, LLNSECURED TEA ALLOCATION SALES TAX 1% SALES TAX PROP 172 T1L,~NSFER TAX CONSTRUCTION TAX TILa, NS OCCUP TAX FIL,~NCI-IISE FEES - PG&E FRANCHISE FEES - TCI FIL-~NCHISE FEES - SJ WATER FIL-~NCHISE FEES - GREEN VALLEY FISCAL YEAR 2000-01 REVISED ESTI.XL&TED ORIGINAL BUDGET ACTUAL BUDGET (if different) (if different) 1,230.000 1,446,451 547.705 577,244 1,777,705 2,023,695 980.000 991,357 1,168,528 80.000 95,000 1,060.000 1,071,357 1,263,528 288.800 406,900 400.000 495,000 275,000 321.000 963,800 1,222.900 235.000 242.568 178.500 178.500 92,000 97.212 282.296 315.000 787,796 833.280 BUSINESS LICENSES 282,333 295.259 CLEEP 110.820 110.820 MOTOR VEHICLE LICENSE FEE 1.406.300 1,549.283 OFF HIGHWAY MV FEE 560 600 HOPTR 15,700 15.700 OTHER REFL-'.~DS & REIMBURSE FINES-FALSE A LAP~M FORFEITURES SPECIAL ASSESSMENTS (VESSING) INTEREST RENTALS-CELL PHONE HAKONE RENT PASS THROUGH SALE OF ASSETS MISC. VEHICLE ABATEMENT ANIMAL LICENSES FUEL SALES GROU.~D MAINT PARK RENTAL . PEILMIT-ENC~MT. 1,422,560 1.422.560 1.565.583 610,338 575,695 256.721 15.000 18.000 45,000 45.000 620.000 324,634 400,000 450,000 55.800 58.200 9.852 8,368 7.234 10.000 14.000 12.500 8.500 5.000 5.000 54,840 60.000 1,241,990 1,828,187 1.283.157 7,536,184 $ 8,244,558 S8,598,222 TOTAL GENERAL FUND 10,000 14,000 8,000 i0.000 5,000' 5.000 54,000 YEAR-TO-DATE 4/30/01 4/30/01 ESTISLa. TE ACTUAL 1.025.000 $ 1.283.823 1,025,000 1.283.823 826,131 1,033,071 66,667 71,223 892.798 1.104.294 240.667 324,474 333.333 391,703 229.167 226.640 803.167 942.817 242.568 242.569 148.750 166.611 92.000 97,212 235.247 232.161 718.565 738.552 235,278 250,418 110,820 110,820 1,171,917 1,427.416 560 612 13.083 7.824 1.185,560 4 !.546.672 256,721 289.026 12,500 17.875 30.000 21,872 333.333 825.094 46,500 55.948 8.210 9.189 8,333 9.487 11,667 9.003 6.667 12,230 8,333 6,534 4.167 1,000 4.167 6.011 45.700 52,034 776.298 1,315.304 $ 5,747,484 $ 7,292,700 (YTD) ACTUAL/ 4/30 ESTIMATE 25.3% 25.3% 25.0% 6.8% 23.7% 34.8% 17.5% -1.1% i 7.4% 0.0% 12.0% 5.7% -1.3% 2.8% 6.4% 0.0% 21.8% 9.3% -40.2% 30.5% ! 2.6% 43.0% -27.1% 147 5% 20.3% 11.9% 13.8% -22.8% 83.5% -21.6% -76.0% 44.3% ! 3.9% 69.4% 26.9% (1) (2) (3) (4) (5) (5) (6) (7) (8) (4) APR/L2001 \REVENUE Page 3 5/11/01 TITLE SPECIAl., REVENUE FUNDS: COPS-SLESF SP REV FD SUPFL LAW ENFORCEMENT GIL4_NT 100 INTEREST 100 SUPFL LAW ENFORCE T1LAFFIC SAFETY SRF CROSSING GUARD MATCH FINE'3-VEHICLE CODE TOT:iL TRAFFIC SAFETy SRF STREETS & ROADS SRF 150 REFUNDS & REIMB. ST HIGHWAY USER 2107.5 ST HIGHWAY USER 2106 ST HIGHWAY USER 2107 ST FHWA REIMB. ST 2105 S&H CODE TEA-21 CAL'HLAN S-SARATOG.~SV RD. AB 434 CLEAN AIR G1LANT MEASL;RE B TOTAL ST&RDS SRF TRANSPORT DEVELOP ACT SRF-CAP PROJ 160 TOTALTDA HILLSIDE EEPAIR SRF 170 1NTE?,EST HILL3IDE STREET REPAIR TOTAL HILLSIDE REPAIR SRF LANDSCAFE/LGTNG SRF 180 PROP. TAX SPEC [AL ASSESSMENT INTEREST TOTAL LANDSCAPE/LGTNG SRF DEVELOPMENT SRF 250 GEOI.OGY REVIEW FEES ENGI'~EERING FEES PLANNING FEES ARBORIST FEE - MAP/PUB/OTHER SALES DOCUMENT STRG FEES ' PERNiITS-BUILDING PERMITS-G1LADING FINES-TREE REMOVAL INTEREST TOTAL DEVELOPMENT SRF CITY OF SARATOGA TEN MONTHS ENDED APRIL 30, 2001 PERCENT OF YEAR ELAPSED = 83.33% FISCAL YEAR 2000-01 REVISED ESTIgLATED ORIGINAL BUDGET ACTUAL BUDGET (if different) (if different) 70,128 100,000 YEAR-TO-DATE 4/30/01 4/30/01 ESTI~LATE ACTUAL 100,000 100.000 5.862 70,128 100,000 100,000 105,862 3,500 3,500 - 150,000 145,000 87,500 94,105 153,500 148,500 87,500 94,105 140,835 6,000 150.744 270,325 1,404,000 193.095 224,082 2.0O6.000 324.294 377,252 261.543 6.000 149.550 251.531 62.000 194.742 252.705 2.006.000 355.111 377.252 364,835 1,180,000 215.000 208,144 6,000 6,000 113,058 111,034 202,744 192,368 144.821 144,683 2,006,000 2,006,000 295,926 286,640 355,111 5,096,627 5,127,444 3,916~34 2,983,549 2,954,870 97,234 95,234 111,707 111,707 800 0 5,288 2.517 4,407 2,517 6,088 2,517 4,407 2,517 73.750 102,204 2.000 61.458 89,656 85,170 56,059 2,000 6,192 89,404 102,204 2,000 177,954 193,608 148,628 151,908 65.000 60,000 350,000 60,000 200 13,000 900,000 60,000 1,508,200 960.487 1,568.687 65,000 95,000 436,000 75,000 0 14,000 1,132,000 50,000 54,167 59,715 50,000 92,639 291,667 341,522 50,000 84,259 10.833 12,307 800,406 949,767 50,000 46,450 104,215 1,307,073 1,690,873 1,867,000 (VrD) ACTUAId 4/30 ESTIMATE 100%+ 5.9% 7.5% 7.5% -3.2% 0.0% -1.8% -5.1% -0.1% 0.0% (9) -3.1% 0.0% -42.9% -42.9% 45.9% (1) -34.2% (10) 209.6% 2.2% 10.2% 85.3% 68.5% 13.6% i 8.7% 100%+ 29.4% (4) APRI L2001 \REVEN U E Page 4 5/I 1/01 CITY OF SARATOGA TEN MONTHS ENDED APRIL 30, 2001 PERCENT OF YEAR ELAPSED = 83.33% REVENUES TITLE FISCAL YEAR 2000-01 REVISED ESTISLATED OR/GINAL BUDGET ACTUAL BUDGET (if different) (if different) ENVIP<NMNTAL PRG SRF ST REFUSE SURCHG AB939 ENVIRONMENTAL FEES INTEREST TOTAL ENVIRON PRG SRF HOUSING&COMM DEV SRF 270 HCD/CDBG/SI-b~RP GRANTS INTEREST SI-L4RP LOAN REPAYMENT TOTAL HOUSING/COMM DEV SRF RECREATION SRF 290 FRIENDS OF WA~NER HUTTON HOUS SPORTS LEAGUE FEES CAMP FEES EXCURSION FEES CLASS/SPECIAL EVENT COMM. CTR.SNACK BAR SALES REDWOOD SPORTS PRGM. TEEN SERVICES TEEN SNACK BAR SALES WAR_NER HUTTON CONTRIBUTIONS 30,479 29,606 517.067 522,490 522,490 547,546 552,969 552,096 259,928 362,429 362,429 3.000 3.000 16,605 262,928 $365,429 382,034 10,000 10,000 32,000 36,000 131,300 150,000 100,000 80,000 425.000 400,000 1,500 0 30.000 30.000 51,000 30,000 1,500 1,500 TOTAL RECREATION SRF 782,300 737,500 FACILITY OPS SRF 292 BUILDING RENT 120,000 130.000 TOTAL FACILITY OPS SRF 120,000 130,000 THEATER TCK SRCHG SRF INTEREST o 293 THEATERTCK SRCHG 25,000 25,000 TOTAL SPECIAL REVENUE FUNDS 8,847.505 8.976,605 8,149,923 CAPITAL PROJECTS FUNDS PARK DVLPMNT CAP PK1 YND 310 PARK DEVELOPMENT LIBRARY EXPANSION CAP PROJ FU~'D 320 LIBRARY BOND PROCEEDS TOTAL CAPITAL PROJECTS FUNDS 93,150 250,000 1,000,000 15,000,000 93,150 1,093,150 15,250,000 YEAR-TO-DATE 4/30/01 4/30/01 ESTI-~LS, TE ACTUAL (~TD) ACTUAL/ 4/30 ESTIMATE 25,399 22,596 -11.0% 435,408 432,727 -0.6% 39.580 100~- 460,808 455323 -1.2% 2,500 1,276 -49.0% 13.838 12.307 -11.1% 16,338 13,583 -16.9% 5,000 5.000 0.0% 26,667 30,703 15.1% 109,417 117.604 7.5% 83,333 64,436 -22.7% 354,167 317,892 -10.2% 25.000 27,685 10.7% 29.750 23,263 -21.8% 1.000 1.562 56.2% 634.333 588,145 -7.3% 100.000 105.549 5.5% 100,000 105,549 5.5% 548 100%+ 20,833 17,093 -18.0% 5,863,468 6,179,827 5.4% 35,000 30,684 -12.3% 150,000 150,000 0.0% 02) 185,000 180,684 -2.3% (11) APRIL2001 \REVENUE Page 5 5/11/01 TITLE DEBT SERVICE FUND: LIBRARY BOND DEBT SRV END 400 PRIb'CIPAL IN'TF REST OTHER CITY OF SARATOGA TEN MONTHS ENDED APRIL 30, 2001 PERCENT OF YEAR ELAPSED = 83.33% REVENUES FISCAL YEAR 2000-01 REVISED ESTIbLS-TED ORIGINAL BUDGET ACTUAL BUDGET (if different) (if different) 85,000 85,000 8,408 8,408 270 1,366 TOTAL LIBRARY BOND DEBT 93,678 94,774 AGENCY FUNDS: LEONARD RD DEBT SER FL.~,'D 420 SERYICES (ASSESS DISTRICTS) CA TV TRUST FU~D 720 INTEREST INCOME PRK DST#2 DBT S1L-"AGNCY FD 730 SERTICES (ASSESS DISTRICTS) PRK DST#.". DBT SK/AGNCY FD 740 SERYICES (ASSESS DISTRICTS) DEPOSITS AGENCY FU_~D 800 DEPOSITS . . sAILa, TOG-X PFA AGENCY FL.~D 990 INTEREST INCOME TO'IAL AGENCY FUNDS GRAND TOTAL 12,130 11,700 4,200 4,800. 171,731 172,125 20.000 23,500 207,631 212,555 $ 16,778,148 $18,615,622 $32,305,474 YEAR-TO-DATE 4/30101 ESTI.~L~TE 4/30/01 ACTUAL 85,000 85.000 8,407 8,408 270 200 93,677 93,608 9,750 4,817 4.800 5,296 $86,062. 80,922 15.000 10,953 115.612 101.989 $ 12,116.948 $ 13.960,515 .(YTD) ACTUAL/ ' 4~30 ESTI.~L~TE 0.0% 0.0% -25.9% -0.1% -50.6% 10.3% -6.0% -27.0% -11.8% 15.2% REVENUE NOTES: (1) Property Taxes-Secured property tax paid in December/January and ApriLq~.la.v. (2) Sale: tax revenues are higher than originally budgeted. (3) Property Transfer taxes are higher than orginally budgeted due to the increase in real estate transactions. (4) Development Fees-Development activits,' remains higher than orginally budgeted. (5) Franchise Fees from PG&E and SJ Water received in April and February respectively. (6) Motor Vehicle License fees are higher than orginally budgeted. (7) Other refunds & reimbursement revenues are higher than originally budgeted. (8) Inter.~st income revenues are higher than originally budgeted. Interest is allocated to various funds. (9) State of CA CALTILANS monies (52,006,000) received in December 2000. (10) Assessment Revenues-Paid in December/January and Aprib%~ay. (11) Recreation revenues are heaviest in the summer months. (12) Good Faith Deposit (5;150,000) for Library General Obligation Bond. Monies to be received in May. APRIL 2001\REVENOE Page 6 5/11/01 CITY OF SARATOGA TEN MONTHS ENDED APRIL 30, 2001 PERCENT OF YEAR ELAPSED = 83.33% EXPENDITURES 001 100 110 150 160 180 250 260 270 290 292 293 310 320 400 420 700 720 '730 740 8OO 990 ORIGINAL TITLE BUDGET FISCAL YEAR 2000-01 REVISED BUDGET (if different) ESTIMATED ACTUAL (if differen0 EXPENDITURE RECAP BY FLqND YE.MI-TO-DATE 4i30/01 4130/01 ESTIMATE ACTUAL GENERAL FUND S 5,523,254 $ 6,892,519 SPECLa, L REVENUE FUNDS COPS SUP. LAW ENFORCEMENT 86,806 TRAFFIC S.M:ETY SRF 26,090 STREETS&ROADS SPY 5,654,413 TILMqS DEV ACT SRF-C.M~ PROJ 169,200 LANDSCAPE/LGTNG SPY 177,740 DEVELOPMENT SRF 1,646,522 ENVIRONMENTAL PRG SPY 621,380 HOUSING & COMM DEV SPY 191,806 RECREATION SPY 1,045,808 FACILITY OPS SRF 224,128 THEATER ICK SRCHG SPY 41,516 TOTAL SPECIAL REVENUE FUNDS CAPITAL PROJECTS FUNDS: PARK DEVELOPMENT LIBRARY EXP.,~N-S ION TOIAL CAPITAL PROJECTS FUNDS DEBT SERVICE H'ND: LIBIL~RY BONDS DEBT SVC TOTAL AGENCY FUNDS LEONARD ROAD DEBT SVC QUARRY CREEK PROJ ADM C.A. TV TRUSI FL.'ND PARKING DIST =2 DEBT SVC PARKING DISI =3 DEBT SVC DEPOSIT AGENCY FU.'ND SA1L-~TOGA PUBL FIN AGNCY TOIAL AGENCY FUNDS TOTAL ALLFUNDS 5,959,553 247.453 $6,092,672 111,344 25,917 3,851,392 169,200 171,670 1,634,501 587,691 101,260 1,036,412 224,416 40,078 9,885,409 10,331,782 7,953,881 1.769,661 2,037,027 1,381.000 1,000,000 1.000,000 2,769,661 3,037,027 2,381,000 93,829 94.529 94,774 11,700 12,131 - 0 - 0 0 171,731 172,125 0 0 4,736,211 $ 4,382,843 50.637 15.219 1,586.195 169.200 149.820 1,318.463 260.710 142.263 831.483 187.694 8.529 4,720.214 43.490 4.059 1,228.653 169.200 137.798 1,325.126 194.968 140.657 760.682 196.611 8.502 4,209.746 260,000 264,267 557,000 548,668 ct"rD) ACTUAL/ 4130 E STI_X£-~TE 183,431 184,256 S 18,455,584 S 20,539,288 $16,706,583 -7.5% -14.1% -73.30 o -22.5% 0.0% .-8.0% 0.5% -25.2% -1.1% -8.5% 4.8% -0.3Oo -10.8% 1.6% -1.5% 817,000 812,936 -0.5% 93,829 92.158 -1.8% 11.700 12.132 171,731 177.378 183,431 189.510 S 10.550,686 S 9,687,192 3.7% 3.300 3.3% -8.2% APRIL2001 EXPEND. Page 7 5/11/01 CITY OF SARATOGA TEN MONTHS ENDED APRIL 30, 2001 PERCENT OF YEAR ELAPSED = 83.33% EXPENDITURES TITLE FISCAL YEAR 2000-01 ORIGINAL BUDGET REVISED BUDGET (if different) ESTLMATED ACTUAL (if differen0 OOl GEN[.RAL FUND 1005 CITY COUNCIL 1010 CONTINGENCY 1015 CITY COMMISSIONS 1020 CITY MANAGER'S OFFICE 1025 CITY ATrORNEY 1030 CITY CLERK 1035 EQUIPlVIENT OPERATIONS 1040 FINANCIAL M~MNAGEMENT 1045 ItUM.~Xl RESOURCES 1050 GENERAL SERVICES 1060 t'ACILITIES MAINTENANCE 1065 ?,-L~d~AGEMENT INFORMa&TION SYS. 1070 PUBLIC INFORMATION 2005 EMERGENCY PREPAREDNESS 2010 (;ODE ENFORCEMENT 2015 POLICE SEWvqCES 2025 /xNII~L&L CONTROL 3030 PARKS 'OPEN SPACE 3035 GENERAL ENGINEERING 4005 ADV.~NCED PLANNING 7005 SENIOR SERVICES 7010 COMMLrNITY SUPPORT 7020 ECONOMIC DEVELOPMENT 7025 HAKONE G.-~RDENS P.,M~K 9010 CAPIT.&L PROJECTS SUBTOTAL LESS OVERHEAD TOTAL GENERAL FL'ND $46,500 200,000 84,935 324,667 363,900 85,470 356,5O7 380,726 162,782 127,430 344,233 216,589 22,696 40,876 47,416 2,526.488 173.825 668.333 195.432 108.663 34.853 71.400 100.000 0 454,410 48,900 152,992 '86,129 323,708 390,900 97,659 406,701' 424,458 168,456 345,048 272,446 35,284 82,938 2,602,308 729,688 217,911 '163,780 310,960 :1,176,911.00 45,900 75,111 270.667 403.900 94.232 327.280, 412.581 154.557 130.040 343.266 255,041 19,224 29,983 70,693 2,821,941 - 72,333: 672,726 243,237 83,085 34,511 71,400 68,474 292,460 719,045 7,138,131 8,567,381 7,711,687 (1,614,877) (1,674,862 (1,619,015 $ 5,523,254 $ 6,892,519 6,092,672 YE_~R-TO-DATE 4/30/01 4/30/01 ESTIMATE ACTUAL $38,250 50,074 225,556 336,583 78,527 272,733 343,818 115,918 97.530 257.450 180.027 14.418 24.986 41.238 $40,697 53,826 248.119 337.348 75.297 111.526 302.274 125.004 87.838 246.217 191.690 11.069 20.866 41.564 2,116.456 1,900.845 60.278 67.350 560.605 581.756 202.698 158.511 69.238-- 84.470 28.759 27.601 71.400 87.471 45.000 37.719 45.000 37.719 440.000 433.312 O~rD) ACTUAL/ 4/30 ESTIMATE 6A% 7.5%' 10.0% 0.2% -4.1% -59.1% (13) -12.1% (14) 7.8% -9.9% -4.4% 6.5% -23.2% -16.5% 0.8% - 10.2% 11.7% 3.8% (16) -21.8% (17) 22.0% (18) =4.0% 22.5°-0 (19) -]6.2% -16.2% -1.5% 5,716,539 5,310,087 -7.1% (980.328) (927,244) -5.4o-0  -7.5% APRIL2001 .EXPEND. Page 8 5:11-01 C/TY OF SARATOGA TEN MONTHS ENDED APRIL 30, 2001 PERCENT OF YEAR ELAPSED -- 83.33% EXPENDYrURES TITLE SPECIAL REVENUE FUNDS: 100 2030 COPS SUP. LAW ENFORCEMENT PLUS OVERHEAD TOTAL COPS SRF 110 2020 TRAFFIC SAFETY SRF PLUS OVERHEAD TOTAL TRAFFIC SAFETY SRF FISCAL YEAR 2000-01 REVISED EST~LATED OP~GINAL BUDGET ACTUAL BUDGET (if ~fferenO (if ~fferent) 75,465 100,000 11,341 11,3-44 86,806 111,344 25,100 25,100 990 817 26,090 25,917 150 STREETS&ROADS SRF 3005 STREET MAINTENANCE 1,753,975 1,953,396 1,940,837 3010 SIDEWALKS AND TRAILS 91,404 91,280 3015 TR_M:FIC CONTROL 193,244 194,312 190,327 3020 FLOOD AdX, ID STO1LM DRAIN CONTR 126,067 112,639 3025 MEDIANS AND P.M~KWAYS 135,128 124,956 5010 CONGESTION ~L~NAGEMENT 324,770 359,668 355,965 9000 CAPITAL PROJECTS 2.493.000 2,533,783 512,000 SUBTOTAL 5,117,588 5,393,758 3,328,004 PLUS OVERHEAD 536,825 565,795 523.388 TOTAL STREETS&RO.M)S SRF 5.654,413 5.959,553 3,851,392 160 9010 TR_k\'S DEV ACT SRF-CAP PROJ 169,200 169,200 180 3040 L&NDSCAPE/LGTNG SRF 153,626 161.670 PLUS OVERHEAD 24,114 10,000 TOTAL LANDSCAPE/LGTNG SRF 177,740 171,670 4010 4015 4020 DEVELOP_MENT SRF ZONING ADMINSTRATION INSPECTION SERVICES DEVELOPMENT REGULATION SUBTOTAL PLUS OVERHEAD TOTAL DEVELOPMENT SRF 250 5005 5015 9000 ENVIRONMENTAL PRG SRF INTEGRa, TED WASTE MGMT STORM WATER N'L'~NAGEMENT CAP PROJ(STREET STORM DR) SUBTOTAL PLUS O'v'ERHEAD TOTAL ENVIRN_M2NTAL PRG SR 260 YEAR-TO-DATE 4/30/01 4/30/01 ESTI.X£ATE ACTUAL 44,021 37,808 6,616 5,682 50,637 43,490 14,642 3,905 578 154 15,219 4,059 481,675 506,902 532.431 440.005 467,797 357.486 178,583 185,927 1,100,263 1,153,282 1,075,844 546.259 558,657 1,646,522 1,725,864 1.634,501 717,364 460,058 75,000 82,825 108,606 90,774 93,866 62~266 104,130 89,455 296,638 282,188 40.000 44,439 1.435,603 1,112,005 150.592 116,647 1,586,195 1.228,653 169,200 169.200 129,725 119,103 20.095 18.695 149,820 137,798 443,693 483,590 297,905 272,142 139,445 129.764 881,043 885.495 437,420 439.631 1,318,463 1,325,126 197,880 202,880 189.621 307.258 307,681 312,222 34.500 9.033 539,638 545,061 510,876 81,742 76,815 621,380 627,624 587,691 126,414 59,925 100,000 109,396 15.000 9,763 226,414 169,320 34,296 25,648 260,710 194,968i ACTUA~ 4/30 ESTI~£~TE -14.1% -14.1% -14.1% -73.3% -73.3% -73.3% -35.9% (20) 10.4% i - 16.4% 1 -33.7% -14.1% -4.9% 11.1% (21) -22.5% -22.5% -22.5% -8.2~o -7.07o -8.0% 9.0% (22) -8.6% (23) -6.9% 0.5% 0.5% 0.5% -52.6% (24) 9.4% -34.9°--o (25)-25.2%-25.2%-25.2% A~PRIL2001 :EXPEND. Page 9 5/11/01 CITY OF SARATOGA TEN MONTHS ENDED APRIL 30, 2001 PERCENT OF YEAR ELAPSED = 83.33% EXPENDITURES TITLE 270 290 292 293 ItOUSING&COMM DEV SRF 7015 HCDA ADMINISTRATION 9000 CAP PROJECTS (SR CTR & ADA) SUBTOTAL PLUS OVERHEAD TOTAL HOUSING&COMM DEV SRF 6OO5 6010 ILECREATION SRF RECREATION TEEN SERVICES SUBTOTAL PLUS OVERHEAD TOTAL RECREATION SERVICES 6020 FACILITY OPS SRF PLUS OVERHEAD TOTAL FACILITY SRF 6015 THEATER TCK SRCHG SRF PLUS OVERHEAD TOTAL THEATER TCK SRCHG SRF TOTAL SPECL~L REVENUE FUNDS CAPITAL PROJECTS FUNDS 310 9010 PARK DEVELOPMENT 320 9010 I.IBR_ARY EXPANSION TOTAL CAPITAL PROJECTS FUNDS DEBT SERVICE FU,.~ND: 400 8015 LIBRARY BONDS DEBT SVC FISCAL YEAR 2000-01 REVISED ESTIMATED ORIGINAL BUDGET ACTUAL BUDGET (if different) (if different) 153,463 66,709 25,000 24,217 YE.AR-TO-DATE 4/30/01 4/30/01 ESTIMATE ACTUAL 55,591 57,668 76,776 73,205 76,776 178,463 230,239 90,926 132,367 130,872 13,343 17,214 10,334 9.897 9.785 191,806 247,453 101,260 142,263 140,657 659,566 628,551 523,793 494,624 149,180 143,054 119,212 93,628 808,746 771,605 237,062 264,807 643,004 588,252 188,479 172,430 1,045,808 1,036,412 831,483 760,682 67,756 68,090 56,742 59,437 156,372 156,326 130,952 137,174 224,128 224,416 187,694 196,611 34,687 33,551 6,829 6,527 7,126 7,104 1,403 1,399 41,516 40,078 8,529 8,502 9,885,409 10,331,782 7,953,881 4,720,214 4.209,746 1,769,661 2,037,027 1,381,000 1,000,000 1,000,000 2,769,661 3,037,027 2,381,000 260,000 264,267 557,000 548,668 817,000 812,936 93,829 94,529 94,774 93,829 92,158 O'TD) ACTUAL/ 4/30 ESTI~LATE 3.7% (26) -4.7% -1.1% -1.1% -1.1% -5.6% (27) -21.5% (27) -8.5% -8.5% -8.5% 4.8% 4.8% 4.8% -0.3% -0.3% -0.3% '-10.8% 1.6% (28) -1.5% -0.5% -1.8% (29) APRIL200 I'EXPEND Page 10 5.:11-0 i CITY OF SARATOGA TEN MONTHS ENDED APRIL 30, 2001 PERCEN~r OF YEAR ELAPSED = 83.33% EXPENDITURES TITLE AGENCY FUqN1)S: 420 8020 LEON.MID RO.M) DEBT SVC 720 1040 C..4~ TV TRUST FUND 730 8005 P.MtI~NG DIST #2 DEBT SVC 740 8010 P.M/KING DIST #3 DEBT SVC 990 1040 SARATOGA PUBL FIN AGNCY TOTAL AGENCY FUNDS TOTAL EXPENDITURES FISCAL YEAR 2000-01 REVISED ESTD, LATED ORIGINAL BUDGET ACTUAL BUDGET (if different) (if differenO 11,700 12,131 171,731 172,125 183,431 184,256 S 18,455,584 S 20,539,288 S16,706,583 YEAR-TO-DATE 4/30/01 4/30/01 ESTI_~tATE ACTUAL 11,700 12,132 171,731 177,378 183,431 189,510 S 10,550,686 S 9,687,192 O'TD) ACTUAIJ 4/30 ESTISt-~TE 3.7% (30) 3.3% (30) 3.3% -8.2% EXPENDITURE NOTES: (13) Equipment replacement (S 112:000) & vehicles replacement (S 105,000) to be replaced before end of fiscal year. (14) Audit tees not paid until later in the fiscal year. : (15) Joint Powers Authority tbrming for .Animal Control. City dues. (16) General contracts for playground safety consultant & Trail maintenance will be entered & paid later in the year. (17) SalaD' savings. Unfilled positions in Engineering Dept. (18) Consultant sen'ices for Housing Element update will not be paid until work is completed. (19) Equipment purchases for KSAR program. (20) Sen'ices lbr Pavement Program, street stripping, emergency Work,. and medians maintenance will not be paid until work is completed. (21) Road improvement_s-Saratoga-Sunn.xx-ale Rd. ($2,006,000) to be completed in fiscal year 2001-2002. '(22) Contract services are more than originally budgeted. (23) Sen'ices for building inspection staff contract support are lower than orginally budgeted. (24) Ci~' Clean-up Day (S35,000) to be scheduled later in the year. (25) Street Storm Drain repairs are lower than originally budgeted. (26) Sanitary sewer grants from CDBG not used yet. (27) Some expenses made for summer programs, but revenues not in yet. (28) Park improvements for Congress Springs Park (S1,200.000) t? be completed in fiscal year 2001-2002. (29) Debt sen-ice payments made in December and June. (30) Debt sen'ice payments made in September and March. APRIL2001 'EXPEND. Page 11 5/11/01 SARATOGA CITY COUNCIL MEETING DATE: May 16, 2001 DEPT: Community Development PREPAR.ED BY: Kristin Borel AGENDA ITEM: 2C CITY M.4~NAGER: DEPT HEAD& SUBJECT: Planning Commission Actions, May 9, 2001 RECOMMENDED ACTION(S): Note and file. REPORT SUMMARY: Attached are the Planning Commission Action Minutes of May 9, 2001. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): N/A ALTER:NATIVE ACTION(S): N/A FOLLOW UP ACTION(S): N/A ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: Action Minutes - Saratoga Planning Commission CITY OF SARATOGA PLANNING COMMISSION ACTION MINUTES D~kTE: PLACE: TYPE: \Vednesday, May 9, 2001 - 7:30 p.m. Council Chambers/CMc Theate-,_-, 13~-77 Fruit-:ale Avenue, Saratoga, CA Regular Meeting ROLL C.4J_L: Commissioners Ban3.', Garakani. Jac 'kman, Kurash, Roupe and Zutshi IM~SENT: None STAFF: Interim Director Kaplan and Plmmers Schubert and Duncan PL EDGE OF ALLEGL4,NCE EL ECTION OF TEMPORARY CHAIR M1 Nb-ITS - Minutes from Regular Planning Cormmission Meeting of April 25, 2001 ORAL COMMUNICATIONS REPORT OF POSTING AGENDA Pu::suant to Government Code 54954.2, the agenda for this meeting was properly posted on May 4, 2001. TECHNICAL CORRECTIONS TO PACKT1- CONSENT CALENDAR 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 pubhc 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 age nda, or in ~,xitten 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, wr:tten communication should be fried on or before the Thursday before the meeting. DR-01-014 (397-43-010) -ADLPARVAR, 13921 Loquat Court; - Request for Design Review approval to demolish an emstmg 2,089 square foot structure and construct a new 3369 square foot, single-stoU' residence with a 2,281 square foot basement. Ma.xsrnum height of the proposed structure is seventeen feet eleven inches and located within a R-I- 10,000 zoning district. (APPROVED 6-0) PL-L\LNING COMMISSION AGENDA :~D,Y 9, 2001 PAGE2 LL-00-005 (517-23-021 and 517-22-111) - HUSAIN/KHAN, 15480 Peach Hill Road; - Request for Lot Line .Adjustment approval for two exqsting parcels with slope ~eater than 20 percent. Currently, a residence is located on top of the existing lot ]me. The purpose.of the request is to correct this situation and create two parcels capable of supporting a residential building site in a Hillside-ConseB'ation Residential zoning district. (MOTION FAILED TO PASS, 3-3, BARRY, GARAKANI AND KUKASH OPPOSED) DIRECTOR ITEMS COMMISSION ITEMS COMMUNICATIONS Written - Saratoga City Council Minutes from Regular Meetings of March_>,7' 2001 and April 18, 2001. ADJOURNMENT AT 11:45 TO NEXT MEETING \Vednesday. May 23, 2001 Council Chambers/CMc Theater 137W Fmitvale Avenue, Saratoga, CA SARATOGA CITY COUNCIL MEETING DATE: May 16, 2001 ORIGINATING DEPT: Public Works PREPARED BY: AGENDA ITEM: CITY MANAGER: DEPT HEAD: SUBJECT: Final map approval for five lots located at 20251 Saratoga-Los Gatos Road. Owner: Howell & McNeil Development, LLC. RECOMMENDED ACTION(S): 1. Move to adopt resolution No. SD-00-002 granting final map approval of tentative application No. SD-00-002 for five lots located at 20251 Saratoga-Los Gatos Road. Move to authorize thc Mayor to execute thc Subdivision Improvement Agreement. map REPORT SUMMARY: Attached is Resolution No. SD-00-002 which, if adopted, will grant final map approval for five lots located at 20251 Saratoga-Los Gatos 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 map substantially complies with the approved tentative map. 2. All conditions of the approved tentative map, as contained in Planning Commission Resolution No. SD-00-002, have been completed or will be completed concurrent with development of the five 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 Sun'eyor's certificate has been executed on the final map and the final map has been filed with the City, Clerk pursuant to Section 14.40.040 of the Municipal Code for action by the City. Council. FISCAL IMPACTS: The subdivider has paid $9,000 in Engineering Fees and $82,800 in Park Development Fees. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): The final map must either be approved or rejected by the City. Council. If the map is rejected, it would be returned to the subdivider with findings as to why the map was rejected. ALTERNATIVE ACTION(S): None in addition to the above. FOLLOW UP ACTION(S): The signed map will be released to the subdivider's Title Company for recordation along with recording instructions. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: 1. Site Map. 2. Tract Map. '3. Resolution No. SD-00-002 granting final map approval. 4. Planning Commission Resolution No. SD-00-002 approving the tentative map with conditions. 5. Subdivision Improvement Agreement. REPORT TO THE PLANNING COMMISSION Application No./Location: SD-00-002:20251 Saratoga-Los Gat°s Road Applicant/Owner: Staff Planner: Date: Howell & McNeil-Development, LLC C.hnsdna Ratcliffe. AICP, Assistant Planner APN: August 9, 2000 397-21-022 Department Head: X ooo 5.% j ~ 20251 Saratoga-Los Gatos Road RESOLUTION NO. SD-00-002 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA APPROVING THE FIN.ad_, MAP OF SD-00-002 20251 SARATOGA-LOS GATOS ROAD The City Council of the City of Saratoga hereby resolves as follows: SECTION 1: Five lots as showm on that certain Tract Map prepared by Westfall Engineers, Inc., dated October 2000, and filed with the Ciw Clerk of the City of Saratoga on May 16, 2001, are approved as FIVE (5) individual lots. SECTION 2: All streets and easements shown on said map and offered for dedication to public use are hereby rejected on behalf of the public, save and except for public sen, ice 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. NOW, THEREFORE, the City. COuncil of the Cit3' of Saratoga hereby resolves as follows: The above and foregoing resolution was passed and adopted at an adjourned meeting of the Saratoga City Council held on the ~ day of .2001 by the following vote: AYES: NOES: ABSENT: ABSTAEN: ATTEST: John Mehaffey, Mayor Cathleen Boyer, CiD' Clerk Acknowledged Completed APPROVAL OF RESOLUTION No. SD-00-002 CITY OF SARATOGA PLANNING COMMISSION ST^TI~ OF CAUFOI~IA Howell fiz McNeil. LLC; 20251 Saratoga-Los Gatos Road WHERr=~, application has been made to the Advisory Agency under the Subdix~sion Map Act of the State of California and under the Subdivision Ordinance of the City of Saratoga, for Tentative Parcel Map approval of 11 lots, all as more particularly set forth m File No. SD-99- 003 of this CiW, and Wl-nmF_~, this Advisory Agency hereby finds tlmt the proposed subdivision, together ' with the provisions for its design and improvement, is consistent with the Saratoga General Phn 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 m such General Plan, reference to the staff report dated August 9, 2000 being hereby made for further particulars; and WHF_n~,S, 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; and WRER~S, the Planning Commission has conducted a duly noticed pubhc hearing at which time all interested parties were given a full opportunity to be heard and to present evidence; and Now, THERI~ORE BE IT ILESOLVlm that the Tentative Parcel Map for the hereinafter described subdivision, which map is dated September 22, 1999 and is marked Exhibit 'A" in the herein above referred file, be and the same is hereby conditionally approvecL The conditions of said approval are as follows: PLANNING The development shall be located and constructed as shown on Exhibits 'A' and 'B', incorporated by reference, with the exception that Pervious Pavers shall be utilized in the driveways of Lot ~4 and Lot #5, per the Arborist's report_ ' Prior to submittal of the Final Map to the City Engineer. the following shall be submitted to the Planning Division staff in order to issue a Zoning Clearance: Five (5) sets of complete improvement plans or Final Map incorporating this Resolution as a separate plan page and containing the following revisions: All applicable recommendations of the City Arbonst shall be shown on the improvement plans. File No. SD-O0-002; 20251 Saratoga-Los Gatos Road The Final Map shall contain a note with the following language: In the event that buried archaeological resources are discoverecL all work m the area shall stop immediately and a qualified archaeologist shall be contacted to inspect the discovery. In the event that it is demonstrated that the discovery comprises an archaeological deposit which has not been historically disturbed, it will be the responsibility of the project manager to conduct necessary evaluative archaeological testing to demonstrate the potential scientific significance of any such discovery before any plans for mitigation of impacts are adopted by the City of Saratoga. A storm wat~ retention plan indicating how all storm water will be retained on-site, and incorporating the New Devdopment and Construction - Best Management Practices. If all storm water cannot be retained on-site due to topographic, soils or other constraints, an explanatory note shall be provided on the plan. Acknowledged Application submitted Acknowledged Acknowledged Acknowledged Acknowledged Acknowledged Acknowledged 5. 6. 7. 10. The Arborist shall rex~ew and approve Improvement Plans prior to issuance of permits. Prior to approval of the Final Map, applicant shall submit an application to place the main residence on the Heritage Resources Inventory and supply historical background for same. The pedesman pathway shall be installed per Exhibit 'A". A Landscape Maintenance Agreement and for the pedestrian pathway shall be recorded with the Final Map. No ordinance size tree shall be removed (with the exception of Tree ~/8 on Lot Trees i~9 fiz 11 on Lot i~ 2, Tree ~/3 on Lot #3 and Tree #4 on Lot//5) without first obtaining a Tree Removal Permit. FENCING REGULATIONS - No fence or wall shall exceeii six feet in height and no fence or wall located within any required front yard shall exceed three feet in height. No structure shall be permitted m any easement, with the exception of the pedestrian pathway, per Exhibit 'A". Future devdopment of Lots ~1 through ~/5 shall require Design Review approva~ Building sites and driveway locations shall be consistent with the approved site devdopment plan and based on current Zoning Ordinance regulations and City policy. The locauon of any structures and their driveways on Lots 1-5 shall maximize tree preservation. Acknowledged Acknowledged File No. SD-00-002; HOWl:! I & McNEIL, 20251 Saratoga-Los Gatos 12. Applicant shall connect to San Jose Water Company. 13. Applicant shall coordinate with P,G & E in the development of the project plans. Ail included on the plans Acknowledged Postponement approved b7 Planning Dept. Postponemellt approved b7 Planning Dept. Acknowledged CITY ARBORIST 14. All recommendations in the City Arborist's Reports dated April 28, 2000, June 22, 2000 and June 13, 2000 shall be followed and incorporated into the plans. This includes, but is not limited to: The Arbor/st Report shall be incorporated, as a separate plan page, to the Improvement Plan set and the grading plan set and all applicable measures noted on the site and grading plans. Five (5) k. chain link tree protective fencing shall be shown on the Improvement Plan as recommended by the Arborist with a note 'to remain in place throughout construction.' The fencing shall be inspected by staff prior to issuance of a Grading Permit. 15. 16. 17. 18. A note shall be induded on the site plan stating that no construction equipment or private vehicles shall park or be :stored within the driplme of any ordinance protected trees on the site. Prior to issuance of a Grading Pernfit, the applicant shall submit to the City, in a form acceptable to the Community Development Director, security in the amount of $29,697pursuant to the report and recommendation by the City Arborist to guarantee the maintenance and preservation of trees on the subject site. Prior to Final Map approval, two 36-inch box native trees shall be planted as replacements. Ail 36-inch box trees shall have a trunk diameter of no less than 3-inches. Diameters are measured 1 foot above grade. Prior to Final Map approval, the City Arborist shall inspect the site to verify compliance with tree protective measures. Upon a favorable site inspection bi the Arborist and, any replacement trees having been planted, the bond shall be release& Any future landscaping shall be designed and installed in accordance with the Arbonst's recommendations. File No. SD-00-002; HOWELL c~ McNEIL, 20251 Saratoga-Los Gatos cknowledged 19. A project arborist certified by the International Society of Arboriculture shall be retained to (1) pro*qde on site supen'ision during key aspects of construction of the improvements for the purpose of preventing or minimi2ing damage to Ordimnce-protected trees and (2) provide regular written progress reports to the City of these supervision functions as they occur. Acknowledged Acknowledged Acknowledged Acknowledged Acknowledged ~dged Acknowledged Acknowledged FIRE PROTECTION DISTRICT 20. Future roof coverings shall be fire remrdant. Uniform Building Code Class ~A" prepared or butt-up roofing. 21. 22. 23. 24. Early Warning Fire Alarm System shall be installed and maintained in accordance ~,ith the provisions of the City of Saratoga Code-Article 16-60 in all newly constructed homes. Early Warmng Fire Alarm System shall have documentation relative to the proposed installation and shall be submitted to the Fire District for approval. Automatic spnnlders shall be installed in the newly constructed garages (2 heads per stall). The designer/architect shall contact the San Jose Water Company to determine the size of service and meter needed to meet fire suppression and domestic requirements. Automatic sprinklers are required for the new residences. A 4-head calculated sprinkler system is require& Documentation of the proposed installation and all calculations shall be submitted to the Fire District for approval. The sprinkler system shall be installed by a licensed contractor.- 25. 26. 27. The Developer shall install fire hydrants as determined by the Fire District. These hydrants shall meet Fire District specifications and shall be accepted prior to the construction of any building. All Fire Hydrants shall be located v~ithin a 500 ft. radius from die residence and dehver no less than 100 gallons/minute of water for a sustained period of two hours. All driveways shall have a rnimmum inside curve radius of 21 feet. Completed PUBLIC WORKS 28. Prior to submittal of the Final Map to the Public Works Department for examination, the ox~aaer (applicant) shall cause the property to be surveyed by a Licensed Land Surveyor or an authorized Civil Engineer. The submitted map shall show the existence of a monument at all external property comer locations, either found or sec The submitted map shall also File No. SD-O0-002; HOWELL fiz McNEIL, 20251 Saratoga-Los Gatos show monuments set at each new corner location, angle point, or as directed by the Public Works Department, all in conformity with the Subdi~qsion Map Act and the Professional Land Surveyors Act. Map submitted 29. The owner (applicant) shall submit four (4) copies of a Final Map m substantial conformance with the approved Ientative Map, along with the additional documents required by' Section 14-40.020 of the Mumcipal Cock, to the Public Works Department for examination. The Final Map shall contain all of the information required in Section14- 40.030 of the Mumcipal Code and shall be accompanied by the following items: i. One copy of map checking calculations. ii. Prehnmary Tide Report for the property dated within ninety (90) days of the date of submittal for the Final Map. iii. One copy of each map referenced On the Final Map. iv. One copy of each document/deed referenced on the Final Map. v. One copy of any other map, document, deed, easement or other resource that xs~ facilitate the examination process as requested by the City Engineer. Fees paid Provided on Final Map the Improvement Plans approved Included on the plans Included 3n the plans Acknowledged - Fees paid 30. 31. 32. ii. 33. 34. The owner (applicant) shall pay a Map Checking fee, as determined by the Public Works Director, at the time of submittal of the Final Map for examinatior~ 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 Tentative Map, prior to Final Map approval The owner (applicant) shall submit engineered improvement plans to the Public Works Department in conformance with the approved Tentative Map and m accordance with the design and improvement requirements of Chapter 14 of the Munidpal Code. The improvement plans shall be reviewed and approved by the Public Works Department and the appropriate of:fjeial.u fi-om other public agendes having jurisdictional authoritT. including public and private utility providers, prior to approval of the Final Map. The following specific conditions shall be included on the improvement plans: Carnelian Glen Court within the limits of subdivision shall be overlaid with 2" of asphalt concrete. Driveway approach f~m Saratoga-Los Gatos Road shall be remove& The owner (applicant) shall underground all ex~sfing overhead utilities along easterly side of Saratoga-Los Gatos Road from Carnelian Glen Court to the dosest joint pole towards Horseshoe Drive. The owner (applicant) shall pay a Subdivision Improvement Plan Checking fee,-as determined by the Public Works Director, at the time Improvement Plans are subnUtted for review. Improvement signed posted Proof of insurance provided Letters provided Permits secured Fees paid Acknowledged Harmless form signed Acknowledged File No. SD-OO-OOZ HOW'ELI_ & McNEIL, 20251 Saratoga-Los Gatos 35. 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. 36. The owner (applicant) shall furnish Improvement Securities m accordance with Section 14- 60.020 of the Municipal Code in the manner and mounts determined by the Public Works Director prior to Final Map approval 37. The owmer (applicant) shall furnish a written indmnmty agreement and proof of insurance coverage, in accordance with Section 14~05.050 of the Municipal Code, prior to Final Map approval. 38. Prior to Final Map approval, the owner (applicant) shall furnish the City Engineer with satisfactory written commitments fl'om all public and private utility providers sen~ng the subdivision guaranteeing the completion of all required utility improvements to sen, e the subdivision. 39. The owner (applicant) shall secure all necessary permits [rom the City and any other public agencies, including public and private utility providers, prior to commencement ot subdivision improvement construction. Copies of permits other than those issued by the City shall be provided to City Engineer. 40. The owner (applicant) shall pay the applicable Park and Recreation fee prior to Final Map- approval. 41. 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. CITY ATrOKN~Z 42. 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 Cit3,'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. 43. Noncompliance w~th any of the conditions of this permit shall constitute a violation of the permit. Because it is impossible to estimate damages the Cit3' could incur due to the violation, liquidated damages of $250 shall be payable to this City' per each day of the violation. Section 2. Construction must be commenced within 24 months or approval will expire. Section 3. All applicable requirements of the State, Count3,, City and other Governmental entities must be met. CONTRACT FOR THE IMPROVEMENT OF SD 00-002 AC-REEMENT, made and entered into th~s day of' __2001, by and between the CITY OF SARATOGA, a Municipal ccrporatio~ of the State of California, hereinafter called "City", and Howell '& McNeil Development, LLC Subdivider and Owner, hereinafter collectively called Subdivider: W I T N E S E T H: ~ WHEREAS, Subdivider is engaged in subdividing that certain tract of land known and designated as 20251 Saratoqa-Los Gatos Road situated in the City of Saratoga, County of Santa Clara, Snare of California; and WHEREAS, a final map of SD 00-002 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 withoun 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 an~ 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 Westfall Enqineers, Inc. , 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 WHEREAS, the City Council of said City did on the day of , 2001, adopt a Resolution approving said Final Map, rejecting certain dedications therein offered which rejection did not and does not, however, revoke nhe 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 w~itina_ ~ 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 dedicanions after the hereinafter agreed to covenants on the part of the Owner and Subdivider have been complied with and in accord wish. Government ~= Section 66462(a) of the State of ~ ~ ' .... ~a~_fornia, in 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 i~Drovements, 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 th.e City and file with the City Clerk a good and sufficient surety. bcnd 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 ccmpletion 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% ($4,000.00) 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 $40,000.00; and also a gcod 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 dcne by the said Subdivider, the amount of said bond to be Forty Thousand Dollars ($40,000.00). 3. Subdivider does hereby expressly agree to indemnify and hc!d harmless the City and in their capacity as such, its ccunci!men, 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-HU~RED THOUSAND DOLLARS ($100,000.00) for each accident or occurrence and property damage coverage of ONE-HUNDRED THOUSAND DOLLJ~RS ($100,000.00) for each accident, or occurrence. Said policies of insurance shall in addition contain the following endorsement: "Other insurance - the coverage afforded by this insurance shall be primary coverage to the full limits of liability stated in the declarations. If th~ assured has other insurance against the loss covered by this policy, that other insurance shall be excess insurance only, after th.~ entire face value of this policy shall have been exhausted by payment." 5. In consideration of City allowing Subdivider to connectl said subdivision to certain existing or proposed out-of-tract storm sewer lines, and in consideration of City relieving Subdivider of any obligation which City might legally impose on Subdivider to acquire any right-of-way for, and/or to construct, any out-of-tract storm sewer drainage pipe lines and appurtenances which might reasonably be necessary to drain said subdivision and- carry storm waters from said subdivision to natural drains, Subdivider shall, before the release of said final map by City and as a Condition precedent to the recordation thereof, pay the City the sum of Zero dollars ($ 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 Seven Thousand Five Hundred Dollars ($ 7,500.00) 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 skall only be effective upon both the Subdivider and- the Owner separately executing the same, and wherever the term Subdivider is used, 5he 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 represensatives and assigns of Subdivider and Owner, and time is cf tke essence hereof, save and except that the City Council of the Cisy of Saratoga may, but need not, extend any time or times for tke doing or performing of any acts as required under the terms of this agreement by resolution, if in the opinion of the City Council any such delay is without fault on the part of the Subdivider and Owner. Execution of the within agreement by the Owner or Subdivider shall constitute an irrevocable authorization to City to insert the date of passage of the Council resolution approving the final map, and to insert the date of this agreement as of the date of such resolution. IN WITNESS WHEREOF, the parties hereto have set their hand the day and year first above written. CITY OF SARATOGA, a Municipal Corporation By: Mayor ATTEST: City Clerk AP?ROVED AS TO FORM: City Attorney By: (Owner, if different from Subdivider) S.M~,ATOGA CITY COUNCIL MEETING DATE: May 16, 2001 ORIGINATING DEPT: Public Works PREPARED BY: ~x,.(~)0~'a~L~ AGENDA ITEM: 2~ SUBJECT: Park Restroom Improvements and Accessibility Ramp - Final Acceptance and Notice of Completion RECOMMENDED ACTION: Move to accept the Park Restroom Improvements and Accessibility Ramp Project as complete and authorize staff to record the Notice of Completion for the construction contract. REPORT SUMMARY: All work on the Park Restroom Improvements and Accessibility Ramp Improvements has been completed by the Ci .ty's contractor, Jens Hanson Company, and inspected by public works and building staff. The work included restroom renovations at Wildwood Park, Congress Springs Park, and E1 Quito Park, and the construction of an accessibility ramp at the Civic Theater. The final construction contract amount was $172,978, which is 9% above the awarded contract amount of $158,661. The additional costs on the project were connected with lump sum change orders for minor project site modifications encountered during construction. The additional costs are within the Council authorized change order authority of up to $16,000. In order to close out the construction contract and begin the one-year maintenanceAvarranty period, it is recommended that the Council accept the project as complete. Further, it is recommended that the Council authorize staff to record the attached Notice of Completion for the construction contract so that the requisite 30-day Stop Notice period for the filing of claims by subcontractors or material providers may commence. FISCAL IMPACTS: The ten percent retention withheld fi.om previous payments to the contractor will be released. CONSEQUENCES OF NOT FOLLOXVING RECOMMENDED ACTION(S): The project would not be accepted as complete and staff would notify the contractor of any additional work required by the City Council before the project would be accepted as complete. ALTERNATIVE ACTION(S): None in addition to the above. FOLLOW UP ACTION(S): St:aflwill record the Notice of Completion for the construction contract and release the contract sureties and retention. ADVERTISING, NOTICING AND PUBLIC CONTACT: None additional. ATTACHMENTS: 1. Notice of Completion 2 of 2 Recording requested by, and to be returned to: City of Saratoga -P. ublic Works Department 13777 Fruitvale Avenue Saratoga, CA 95070 NOTICE OF COMPLETION NOTICE IS HEREBY GWEN that the work agreed to be performed under the contract mentioned below between the City of Saratoga, a municipal corporation, whose address is 13777 Fruitvale Ave., Saratoga, CA 95070, as Owner of property or property, rights, and the Contractor mentioned below, on property of the Owner, was accepted as complete by the Ov~mer on the 16th day of Max', 2001. Contract Number: N/A Contract Date: January 19, 2000 Contractor's Name: Jens Hansen Company Contractor's Address: 939 Center Street, San Carlos, CA 94070 Description of Work: Park Restroom Improvements and Handicap Accessibility Ramp This notice is ~ven in accordance with the provisions of Section 3093 of the Civil Code of the State of California. The undersized certifies that he is an officer of the CiD' of Saratoga, that he has read the foregoing Notice of Acceptance of Completion and knows the contents thereof, and that the same is true of his own knowledge, except as to those matters which are therein stated on information or belief, and as to those matters that he believes to be tree. I certi~, under penalty of perjury that the foregoing is true and correct. Executed at the CiD' of Saratoga, County of Santa Clara, State of California on ,2001. CITY OF S.kRATOGA BY: ATTEST: Dave Anderson City Manager Cathleen Boyer, City Clerk Gov. Code 40814 SARATOGA CITY COUNCIL MEETING DATE: May 16, 2001 AGENDA ITEM: ORIGINATING~Manager CITY 1VLAaNAGER: DEPT HE.AD: SUBJECT: Resolution Supporting the Transbay Terminal Improvement Project RECOMMENDED ACTION: Adopt Resolution. REPORT SUMMARY: On April 3, 2001, the City received a letter from the Sierra Club requesting that the City support their efforts to encourage the VTA to continue to improve rail transit on the Peninsula with the same effort that it is pursuing BART to San Jose. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: NiA ALTERaNATIVE ACTION: N/A FOLLOW UP ACTION: Send certified copy of resolution to the Sierra Club-Loma Prieta Chapter. .ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: Attachment A - Letter from the Sierra Club-Loma Prieta Chapter Attachment B - Resolution RESOLUTION NO. 01- A RESOLUTION OF THE CITY COU~-CIL OF THE CITY OF SARATOGA DECLARING ITS SUPPORT TO CONTINUE EFFORTS OF THE EXPANSION AND I3IPROVEMENTS OF TIlE T1L6cNSBAY TERMINAL WltEREAS, the recent votes by Valley Transportation AuthoriD, representatives to the Peninsula Corridor Joint Powers Board, opposing the Board's participation in the Transbay Terminal Joint Powers AuthoriD' are a cause for concern by the Sierra Club; and WHEREAS, CalTrain Electrification and Dox~mtown Extension are nvo of the most important c~.pital projects for transit in the Bay Area; and WHEREAS, the upgrade of the Transbay Terminal Project is essential for enhancing regional transportation connections between AC Transit, Golden Gate Transit, CalTrain, BART, and other transportation services; and WHEREAS, the Peninsula corridor is one of the most densely populated rail corridors in the United States; and WHEREAS, the Peninsula Corridor would benefit greatly from an upgrade in sen'ice from the - cr.rrent "extended commuter" service to "full transit level sen, ice"; and WHEREAS, these projects, and the sen'ice improvements they will facilitate are essential ccmponents of enhanced regional transit system; and WHEREAS, the upgrade of the Transbay Terminal is integral to CalTrain Electrification and Downtovcn Extension. NOW, THEREFORE, BE IT RESOLVED, by the CiD' Council of the CID-' of Saratoga, as follows: That the Ci~' Council of the Cit-3,' of Saratoga urges the Santa Clara Valley Transportation Authority Board of Directors to fully support the Transbay Terminal Improvement Plan. The above and foregoing resolution was passed and adopted by the Saratoga City Council at a regular meeting held on the 16~ day of May 2001, by the following 'vote: AYES: NOES: ABSTAIN: .,M3SENT: : John Mehaffey, Mayor ATTEST: Cathleen Boyer, CMC CiD' Clerk SIERRA CLUB · LOMA PRIETA CHAPTER San Mateo * Santa Clara · San Benito Counties April 3. 2001 Saratoga City Council 13777 Fruitvale Ave. Saratoga CA, 95070 Dear Councilmembers,. We are concerned by the recent votes by VTA representatives to the~P_e.n._i~5~u_la Corridor Joint Powers Board, opposing the Board's participation in the Transba)' Terminil J0in~t P-0,;~;ers "AUtho~ believe that Downtown Extension and el~6'i'rification ......... ' of CalTrain are two of the most important capital improvements for mass transit in the Bay Area. Not only are these projects important for residents of the Southbay and Peninsula, these projects will help forge an important link in a regional transit system. We are worded that the VTA's fixation on BART to San Jose, may be leading it to discount the importance of these needed projects: We hope you will join with us in calling on the VTA for their committment ~9_i_rgprove_ rail transiy 9n_the Peninsula with the same zeal th-a-t it is pursi~iflg BART to San Jose. Yours truly, Bill Michel Chapter Chair 3921 East Bayshore Road Suite 204 Palo Alto, CA 94303 415-390-8411 FAX 415-390-8497 Printed on 1'00% tree free kenaf paper Sun Microsys=ems 2001-05-08 12:59 Page 1 of 2 ~.~ To : Kathleen Boyer (sic) Frcm : Bill Michel Sukject : CalTrain Downtown Extension/Electrification and the Transbay Terminal Hi Kathleen, The Transbay Terminal Improvement Plan is the document that is being used as a plan by the Transbay Termina Joint Powers Authority. The JPA is composed of the following members: The City & County of San Francisco AC Transit MTC The Peninsula Corridor Joint Powers Board The Transbay Terminal Improvement Plan was written by the Regional Transbay Terminal Panel, whose executive Com~ttee is constituted of: The City &-County of San Francisco' AC Transit MTC The Peninsula Corridor Joint Powers Board CalTrans The Panel also includes members such as (not a complete list) SamTrans Berkeley Emeryville Oakland BART GG Transit Greyhound Lines CalTrans CA High Speed Rail Auth Ideally, we would like to see the City pass a resolution saying something like: Wher.~as CalTrain Electrification & Downtown Extension are two of Sun Microsystems 2001-05-C8 12:59 Page 2 of 2 the most important capital projects for transit in the Bay Area. Whereas the upgrade of the Transbay Terminal project is essential for enhancing regional transportation connections between AC Transit, Golden Gate Transit, CalTrain, BART and other transportation services, Whereas the Peninsula Corridor is one of the most densely populated rail corridors in the U.S., Whereas the ~eninsula Corridor would benefit greatly from an upgrade in service from the current "extended commuter" service to "full transit level service" Whereas these projects, and the service improvements they will facilitate are essential components of enhanced regional transit system Whereas the upgrade of the Transbay Terminal is integral to CalTrain Electrification and Downtown Extension The City of Saratoga calls on the Valley Transportation Authority to fully support the the Transbay Terminal Improvement Plan. I'll give you a call (or please feel free to call me) after you've had a chance to read this. Bill Michel Chapter Chair Sierra Club, Loma Prieta Chapter (510) 574-6417 (days) (650) 814-8214 (cell) SARATOGA CITY COUNCIL MEETING DATE: May 16, 2001 ORIGINATING DEPT: Administrative Services PREPARED BY: AGENDA ITEM: ~__ ~ CITY MANAGER: ~7~~j~ / SUBJECT: Agreement to Provide Auditing Services for Fiscal Years 2001-2005 RECOMMENDED ACTION(S): Approve the agreement for professional auditing services between the City of Saratoga and Caporicci, Cropper & Larson, LLP for fiscal years 2001-2005. REPORT SUMMARY: On August 9, 2000, staff distributed Request for Proposals (RFP) soliciting proposals for professional auditing sen'ices to seven qualified accounting firms. The City received five proposals in response to the RFP by the September 20, 2000 deadline. The Audit Review Committee thoroughly revieWed the proposals and intetMew'ed the following accounting firms: Firm Maze & Associates C.G. Uhlenberg Moss, Lex% & Hartzheim Vavrinek, Trine, Day & Co. Caporicci, Cropper & Larson, LLP Personnel CoD' Briggs and Scott Maze Jeff Ira and Peggy Chen Ron A.J. Brun Steve Larson and Gan.' Caporicci The Audit Review Committee Members Gordon, Finance Commissioner; Mary Jo Galindo, Accounting Supervisor. were: Nick Streit, Cits' Council Member; Michael Walker, Administrative Sen:ices Director, and Ray The firms were evaluated based upon the following criteria: · Relevant audit experience · Technical expertise · Understanding of Internal Control Structure · Audit Approach · Communication skills · Quality of oral presentation made to Audit Review Committee · Specific experience with implementing GASB Statement Number 34 The Audit Review' Committee debated the merits of each of the five firms, and voted to recommend Caporicci, CroPper & Larson} LLP to the.' City Council, based upon the quality of staff., previous exPerience, references, and fees. The Aflrninistrative Sexwices Director negotiated a contract with the firm. The Finance Commission agreed with the reconmiendation to enter into agreement xvith Caporicci, Cropper & Larson, LLP. Attached for your .review is the Independent Contractor Agreement between the City and Caporicci, Cropper & Larson, LLP. The CiD' Attorney has reviewed the Agreement, and his comments have been incorporated. The agreement is fi~r an amount not to exceed $252,970 over a five year period. This includes professional audit sen, ices as well as providing consulting se. rvices to implement the requirements of the Governmental Accounting Standards Board (GASB) Statement Number 34. Fiscal Year Professional Fees [ 2000-2001 $43,000 12001-2002 $44,100 12002-2003 $45,850 2003-2004 ~ $46,775 [ 2004-2005 ~ $48,2.45 [ GASB 34 $25,000 I Total Fees $252,970 F[SCAL IMPACTS: Sufficient funds have been appropriated in fiscal year 2000-2001 and 2001-2002 for auditing services. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): The City's annual audit may be delayed. Also the City may not meet the time line to implement the Governmental Accounting Standards Board Statement Number 34. 2 of 3 ALTERNATIVE ACTION(S): Direct staff to return on June 6, 2001, with a revised contract. FOLLOW UP ACTION(S): Execute the agreemem for professional auditing services between the City. of Saratoga and Caporicci, Cropper & Larson, LLP for fiscal years 2001-2005. ADVERTISING, NOTICING AND PUBLIC CONTACT: Posting of the agenda serves as notice to the general public. ATTACHMENTS: Attachment A-Agreemem of Cappricci, Cropper & Larson, LLP Attachment B-Auditor Rating Sheet 3 of 3 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"), and Caporicci, Cropper & Larson, LLP, ("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 ACHIEVED 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 3/26/01, 2001, and extends through December 31, 2005 or the completion of the project, whichever occurs first, unless it is extended by written mutual agreement between the parties, provided that the parties retain the fight to tei-minate this Agreement as provided in Exhibit D at all times. CiR- of Saratoga/Standard Contract Agreement My Documents/Contracts o3/~5/o~ Page 1 of 20 3. PAYMENT City shall pay Contractor for work product produced pursuant to this A~reement 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 A~reement. Contractor shall submit all billings to City in the manner specified in Exhibit B; or, if no manner is specified in Exhibit B, then according to the usual and customary procedures and practices which Contractor uses for billing clients similar to City. 4. FACILITIES AND E(~UIPMENT Except as set forth in Exhibit C ("Facilities and Equipment"), Contractor shall, at its sole cost and expense, furnish all facilities and equipment, which may be required for completing the Scope of Work pursuant to this Agreement. City shall furnish to Contractor only the facilities and equipment listed in Exhibit C according to the terms and conditions set forth in Exhibit C. 5. GENERAL PROVISIONS Cit-}, and Contractor agree to and shall abide by the general provisions set forth in Exhibit D ("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 arid made a'part of this Agreement. 7. CONTRACT ADMINISTRATION This Agreement shall be administered on behalf of City by The Administrative Services Director ("Administrator"). The Administrator has complete authority to receive infoimation, 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 ten-as of this Agreement shall be in writing and may be given either personally, by certified mail, return 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 CiD' of Saratoga/Standard Contract Agreement My Documents/Contracts 03/15/01 Page 2 of 20 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: Stephen L. Larson Caporicci, Cropper & Larson, LLP 1575 Treat Blvd., Suite 208 Walnut Creek, CA 94598 Notices to City shall be sent to: Administative Services Director 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 AGR~EMENT This Agreement supersedes any and all agreements, either oral or written, between tine 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 City of Saratoga/Standard Contract Agreement My Documents/Contracts 03115/01 Page 3 of 20 ~ DAY-10-2~i 1!:~9 CA?SRiCC~ CE3P~ER LARSDN 7i4 ~36 :~686 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 writ/ng and signed by the pa.,~ies hereto. IN WITNESS WHEREOF. the parties hereto have executed this Agreement. CONTRACTOR: CITY OF SARATOGA, a municipal corporation By: John Mehaffey. Mayor Date: Dale: APPROVED AS TO FORM: By:_ Date: City Attorney APPROVED AS TO BUDGET AUTHORITY AND INSURANCE: By: Date: Administrative Services Director Attachments Exhibit A -- Scope of Work Exhibit B -- Contract Payment and Reporting Schedule Exhibit C -- Facilities and Equipment Exhibit D -- General Provisions Exhibit E -- Insurance Requirements City of Sarato~a/$tandp. rd Contract Agrcc-m~-il: My Documea~s/Con~ra~ - 03/15/01 Page ,* o[ 20 TOTAL P,01 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 tea-ms 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: Date: Stephen L. Larson: Partner CITY OF SARATOGA, a municipal corporation By: John Mehaffey. Mayor Date: APPROVED AS TO FORM: By: Date: City Attorney APPROVED AS TO BUDGET AUTHORITY AND INSURANCE: By: Date: Administrative Services Director Attachments Exhibit A -- Scope of Work Exhibit B -- Contract Payment and Reporting Schedule Exhibit C -- Facilities and Equipment Exhibit D -- General Provisions Exhibit E -- Insurance Requirements City. of Saratoga/Standard Contract Agreement My Documents/Contracts 03/15/01. Page 4 of 20 EXHIBIT A SCOPE OF WORK Contractor shall complete the attached Scope of Work. Ciw of Saratoga/Standard Contract Agreement My Documents/Contracts 03/15/0! Page 5 of 20 Exhibit A Scope of' work To implement GASB Statement Number 34 Provide assistance in the following areas, but are not limited to: Requirements of Management's Disussion and Analysis (MD&A) Changes in budgetary comparisions Fund Reporting -Reclassification of funds -Identification of major funds, major fund determination Statement of Net Assets 'Infrastructure reporting -Conversion of governmental fund data -Determining relative order of liquidity of assets and liabilities -Categorization of net assets Statement of Activities -ConversiOn of governmental activities -CalculatiOn of depreciatiOn -Allocation of depreciation -Identification of program revenues Additional note disclosure -budgetar3, formats and basis,' and placements in the financial statements Provide assistance to restate the Comprehensive Annual Financial Report (CAFR) for year ended June 30, 2001 to comply with - G°vernmental Accounting Standards Board Statement Number 34 Print (40) copieS of the CAFR at completion of project by 4/30/02 For Professional Auditing & Accounting Services · Audit of the General Purpose Financial Statements · Audit of the Saratoga Public Financing Authority · Single Audit Act work · GANN Limit Calculation · Controllers Report and Street Report EXHIBIT B PAYMENT 1. TOTAL COMPENSATION City shall pay Contractor an amount not to exceed the total sum of Two Hundred Fifty Two Thousand and Nine Hundred Seventy dollars ($252,970) for work to be performed and reimbursable costs incurred pur~ant to this Agreement. 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. 2. INVOICE~ Contractor shall submit invoices, not more often than once a month during the testa of this Agreement, based on the cost for work performed and reimbursable expenses incurred prior to the invoice date. Invoices shall contain the following infonuation: Serial identifications of bills, i.e., Bill No. 1; The beginning and ending dates of the billing period; 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. 3. MONTHLY PAYMENTS City shall make monthly payme, nts, based on such invoices, for satisfactory progress in completion of the Scope of Work, and for authorized reimbursable expenses incurred. 4. REIMBURSABLE EXPENSES There shall be no right to reimbursement of expenses incurred by Contractor except as specified in Exhibit A to this Agreement. Ci~' of Saratoga/Standard Contract Agreement My Documents/Contracts 03/15/01 Page 6 of 20 EXHIBIT C FACILITIES AND E0~PMENT City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Contractor's use while consulting with City employees and reviewing records and the info~¥aation in possession of City. The location, quantity, and time of furnishing said physical facilities shall be in the sole discretion of City. In 'no event shall City be obligated to. furnish any facility which may involve incurring any direct expense, including, but not limiting the generality of this exclusion, long-distance telephone or other communication charges, vehicles, and reproduction facilities. Contractor shall not use such services, premises, facilities, supplies or equipment for any purpose other than in the perfo~mance of Contractor's obligations under this Agreement. City of Saratoga/Standard Contract Agreement My Documents/Contracts o3/~s/o~ Page 7 of 20 EXHIBIT D GENERAL PROVISIONS 1. 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 currently 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 right 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. 2. STANDARD OF PERFORMANCe', Contractor shall complete the Scope of Work required pursuant to this Agreement in the manner and according to the standards observed bv a competent pract/tioner of the profession in which Contractor is engage~i in the geographical a_r~ea 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. 3. .TIME Contractor shall devote such time to the Scope of Work pursuant to this Agreement as may be reasonably necessary for satisfactory performance of Contractor's obligations pursuant to this Agreement. 4. CONTRACTOR NO AGENT Except as CiW 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. City of Saratoga/Standard Contract A~reement My Documents/Contracts 03/15/01 Page 8 of 20 5. BENEFITS AND TAXES Contractor shall not have any claim under this A~reement 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 Contractor shall indemnify and hold CIO" hma-xless 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. 6. ASSIGNMENT PROHIBITED No party to this A~reement may assign any right 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 ~iven in writing, Contractor is entitled to subcontract: such portions of the work to be - performed under this A~reement as may be specified by City. 7. PERSONNEL a. 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 te~m of-this Agreement, desires the removal of any such persons, Contractor shall, immediately upon receiving notice from city of such desire of City, cause the removal of such person or persons. bo Employment Eligibility. Contractor shall ensure that all .employees of Contractor_ and any subcontractor retained by Contractor in connection ~.4th 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 ten,,ination of the Agreement as required by the Immigration Reform and Control Act of 1986. CONFLICT OF INTEREST a. In General. - Contractor represents and warrants 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 infom~ation. City- of Saratoga/Standard Contract Agreement My Documents/Contracts o3/~5/o~ Page 9 of 20 bo Co 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. 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 position which either by rule, practice or action nominates, recommends, or supervises Contractor's operations or authorizes funding to Contractor. COMPLIANCE WITH LAWS ao In General. Contractor shall observe and comply ~4th all laws, policies, general rules and regulations established by City and shall comply with the common law and all laws, ordinances, codes and re~lations 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 anc~ 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. FundinE AEency Requirements. To the extent that this Agreement may be funded by fiscal assistance from another entity, Contractor shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance pro,ram. CiO' of Saratoga/Standard Contract Agreement My Documents/Contracts 03/15/01 Page 10 of 20 do 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 8 ~'.2, 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 con'~icted 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... 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 race, 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 participating inl be denied the benefits of, or be otherwise subjected to discrimination under, this Agreement. 10. DOCUMENTS AND RECORDS .Property of City. All' reports, data, maps, models, charts, studies, surveys, photographs, memoranda or other written documents 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. b. Retention of Records. Until the expiration of five years after the furnishing of any services pursuant to this Agreement, Contractor shall retain and make available to the City or any party designated by the City, upon written request by City, this Agreement, and such books, 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. Co 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 !ess cost than virgin paper. d. Professional Seal. 'where applicable in the detei,nination of the City of Saratoga/Standard Contract Agreement My Documents/Contracts 03/15/01 Page 11 of 20 contract administrator, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the report/design preparation. The stamp/seal shall be in a block entitled "Seal and Signature of Registered Professional with report/design responsibility" as per the sample below. Seal and Signature of Registered Professional with report/design responsibility. 11. 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 tenuination as provided herein, Contractor shall return 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 infoi-~-x~ation is not other~ise of public record under California law. 12. RESPONSIBILITY OF CONTRACTOR Contractor shall take all responsibility for the work, 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, unforeseen difficulties, accidents, occurrences or other causes predicated on active or passive negligence of the Contractor or of any subcontractor. 13. 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 performance of 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. CiD' of Saratoga/Standard Contract Agreement My Documents/Contracts 03115/01 Page 12 of 20 a. Indemnity. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold harmless City, its employees, agents and officials, from 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 actually, allegedly or impliedly, in whole or in part, to the perfo,mance of this Agreement. All obligations under this provision are to be Paid by Contractor as they are incurred by the ' -City. bo eo Limitation on Indemnity. Without affecting the rights of CiD' 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 the City is shown to have been solely at fault and not in instances where Contractor is solely or partially at fault or in instances where City's fault accounts for only a percentage of the liability involved. In those instances, the obligation of Contractor will be all-inclusive and City will be indemnified for all liability incurred, even though a percentage of the liability is attributable to conduct of the City. Acknowledgement. Contractor acknowledges that its obligation pursuant to this section extends to liability attributable to City, if that liability is less than the sole fault of City: Contractor has no obligation under this agreement for liability proven in a court of competent jurisdiction or by written agreement between the parties to be the sole fault of City. 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, sub tier 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 tea-ms of this section. CiD' of Saratoga/Standard Contract Agreement My Documents/Contracts o3/~5/o~ Page 13 of 20 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, 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. 14. INSURANCE RE(~UIREMENT8 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 REMEDIF~ a. Events of default. Each of the follo~4ng shall constitute an event of default hereunder: Failure to perfo~,u 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. bo Remedies upon default. Upon any Contractor default, City shall have the right to immediately suspend or tei-minate the Agreement, seek specific performance, contract with another party to perform this Agreement and/or seek damages including incidental, consequential and/or special damages to the full extent allowed by Ci~' of Saratoga/Standard Contract A~reement Page 14 of 20 My Documents/Contracts 03/15/01 law. c: 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. 16. 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 affect whatsoever and each of the parties hereto shall be relieved and discharged here-from, 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 info~-mation, contractor's responsibility, indemnification, insurance, dispute resolution, litigation, and jurisdiction Ired severability shall survive te~-mination of this Agreement. 17. 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 non-binding 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 par~ shall bear its own costs and attorneys fees. - 18. LITIGATION If any litigation is commenced between parties to this Agreement concerning any provision hereof or the fights and duties of any person in relation thereto, each party shall bear its own attorneys' fees and costs. 19. 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 Count~~, 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. CiD' of Saratoga/Standard Contract Agreement My Documents/Contracts 03/15/01 Page 15 of 20 20. 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 tez-minafion 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 port/on of the work product from Contractor following the expiration or termination of this Agreement. 21. 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 fights or obligations arising under this 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. City_ of Saratoga/Standard Contract Agreement My Documents/Contracts 03/15/01 Page 16 of 20 EXHIBIT E INSURANCE Please refer to the insurance requirements listed below. Those that 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 Officer, City of Saratoga, 13777 Fruitvale Avenue, Saratoga, CA 95070. Contractor Shall furnish City with Copies of original endorsements affecting coverage reqUired by this Exhibit E. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. Ail 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. -x x Commei~cial-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 ' Ii 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. Auto Liability Insurance with coverage as indicated: X $1,000,000 combined single limit for bodily injury and property damage CiD' of Saratoga/Standard Contract Agreement My Documents/Contracts o3/~5/o~ Page 17 of 20 $ per person/$ per accident for bodily injury $ per occurrence for property damage $ 500,000 combined single limit for bodily injury and property damage 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. X Professional/Errors and Omissions Liability- with coverage as indicated: X __ $1,000,000 per loss/ $2,000,000 aggregate $5,000,000 per loss/ $5,000,000 aggregate Contractor must maintain Professional/Errors /1~ 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 follo~ving certification, required by sectlon 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 da~vs notice for non-payment of premium). NOTE: the CiD· of Saratoga/Standard Contract Agreement My Documents/Contracts 03/15/01 Page 18 of 20 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: As to all of the checked insurance requirements above, the following shall apply: 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. 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 perfoi-med 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 the protection afforded to the City, its officers, officials, employees or volunteers. c. Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the following provisions: Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees or volunteers. o 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. CiD' of Saratoga/Standard Contract A~reement My Documents/Contracts 03/15/01 Page 19 of 20 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. d. Acceptability of Insurers. Insurance is to be placed with insurers with a Bests' rating of no less than A: VII City of Saratoga/Standard Contract Agreement My Documents/Contracts 03/15/0! Page 20 of 20 CITY OF SARATOGA AUDITOR SEPTEMBER 26, 2000 . Instructions: The rater completes this matrix by: 1. Listing additional key dirnensions to evaluate. 2. Rating each firm's experience and skills relevant to Auditor Selection. 5- Excellence 4 - More than acceptable 3 - Acceptable 2 - Less than acceptable 1 - UnaccePtable 0 - Behavior not observed FI].U~I NAMF Maze & C.G. M.L. & H V.T.D. & Caporicci, Associates Uhlenberg Co Cropper, & Larson Reievant Audit Experience .Technical Expertise Understanding of Int,=rnal Control Structure Audit Approach M~tndatory Criteria Communication Skills TOTAL Signature of Rater Date -rom~ Fau. W. Morns At: Mitcneh & MltCne~i insura~ .ce Agency, inc. To: Mary Jc Vv'a~,er 5axm: (;. lSj $53-7?52 Date: ACORD. CERTIFICATE OF LIABILITY INSURANCE oP,o CAPOCR/ 05/10/01 CER . { THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION I ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE hell & Mi. tchell-T.ic0620650 ~ . HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ,.JO Bel ]~c~.n Keys Blvd, Bid E ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Novato CA 94949 i Phone: 415-883-2525 Fax: 415-883-7752 [ INSURERS AFFORDING COVERAGE INSURED [~su~_~ CNC CNA CPA Program [ ~NSU~ER B Caporicci, C~oDDe~ & L~son . Steve L~son, ~A ~ ,~su~c 17512 Von ~n Ave ~ Ir~ine ~ 92614 ~L~SU~O COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED No'rvVITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT VVITH RESPECT TO V~-IICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOV%~I MAY HAVE BEEN REDUCED BY PAID CLAIMS. TYPE OF INSUR&NGE INER LTR '~ PCLiCV '. ! °RC' EXCESS LIABILITY TCC.-~ i C;..z~3 ¥.ADE ~ DEDTC'r-=_LE WORKERS CC~;';NSATION AND EMPLOYERS' LIABILITY OTHER Y Prof. Liability APL POLICY NUMBER 140489982 POLICY EFFECTIVEi POLICY EXPIRATION ! D&TE _~u~__~/yy~ ! D&TE ~k~.._~__n_~yy~ I LIMITS o7/ol/oo DESCRIPTION OF C~=~TION~OCATION~EHiCLE~XCLUSiON$ ~DED BT END~=MENT~PEC~ PRO.SIGNS Retroactive Date 7/01/92:$10,000 Deductible. This is a of insurance EACH CCC[.-~,~E~.C= ~ $ FI:~E ~JviAG--- ~ ore f 'e: ! $ GE~E~aG. AGG~EGA-E :~ S PRODUCTS - COM=~O= A~G i $ COM.-. NED S:iuGLE r , :Per a:::ce~ iAU-O O~.LV - EAACCIDE~.-. $ ONLY --:AACC ! S AGG : S o7/ol/o1 E,~TH CCCb~;~E~.CE ;= $ i$ -= L D'SEASE - EA EMm. OYEE I $ E. O!SE~SE - POL~C;' L:¥.,T i $ Per Claim Ao~egate $1,000,000 $1,000,000 sample certificate DER ~ N ! AODITION~L INSURED; NEURERLETTEI~ CANCELLATION City of Saratoga Admin. Services Direct Mary Jo Walker 13777 Fruitvale Avenue Saratoga CA 95070~ INSURED SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION D~TE THEREOF. THE ISSUING INSURER W1LL ENDEAVOR TO MAIL 3 0 OAY$ W~TTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO DO $O EHALL IMPOSE NO OELIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVE$. Paul W. Morris c:u,LR ucK I mlUA I OF LIABILITY INSURANce PP~-_-'?JA -- ' 05/10/2001 Comp1 eta 2 nsurence, Znc. H~D_L_YAND___C~_N~F~R-R NO RIGHTS UPONTHE CERTIFICATE / ' ~;. I g:~ ! nc vr..l~l~P.. AFFOKOIED I~' 'THE POUCIE$ BELOW, Newport Beech, CA 92660 ~ ' INSURERS AFFORDUIG COVERAGE .db~u~u Cepor'~cc(. Cropper & Lerson, LLP g~URER~ Northern Znsurallce Co of Now York 3184-D A~rwey AVenue ~IRERB: Golden Eagle Znsurance Corp. Costa Hose, CA 92614 ll~i~ =OV~IAGE~ ~S~u~ ~*- POUCIE~ OFINSURANCE UbleD BELOW HAVE BEEN .L-~SUED TO~I~IE !HS~A~.u NAMED ABOVE FOR THE POIdCY PERIOD INDICAYED. NOTWITHb-rANDiNG ANYREOUIREI~IEI~T. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WTTH RESPECTTO W~ICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAJN. THE INSURANCE AFFORDED BY THE POUCIES DESCRIBED HEREIN 16 SI~dECT TO AIL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUI~H POLICIES. AGGREGATE UMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLadMS. TYPE OF IN~Up_A_~E GEI~RAL UA3IUTY COMUER ~',lAI. GENERAL UABIUTY C3JdH$ MADE [] OCCUR OEN'L AGGRF. J:IATE UMIT APPLIES PEP: AUll)MOBILE I~BIUTY ! ~HYAUTO ALL OWNED AUTOS SCHEDIJU':D AUTO8 HIRED NON-OWNI;D AUTO~ ,fl'irecl _Phys~cel $~0,000 L(m(t GAI~G'E LIABILITY ANY ~AS3GTBeS$2 S52 ~WC-G38137-03 09/01/2000 09/01/2000 09/01/2001 09/01/2001 10/01/2000 10/01/2001 ~roperty 67~4~2 09/01/2000 09/01/2001 EACH OCCURRENCE F__~£ D~MAGE (AW o~ Em) MED ~ (Any ~ P~ & ~V I~RY PR~ - CO~P A~ ~DILY ~U~ (P~0 s PROPE~ (Par m~) ~0 ONLY. ~ ~ER~ ~O ONL~ AGG S EAO, I OCCURRENCE $ 000.000 10 X,O00.O00 1,000,000 E.LEACHACC~ENT E. CDISEa~E.EA ELDISEASE-POLICYLJMiT 000,00~ S7S,000 - Zrvlne location $15,000 - Yelnut Creek $$00 Deductible :ert(ficete hc,~der ~s named Additional Znsured es respects generml ]t&b~lety covwrage but only (f · equtred by wr(tton contract v~th the named insured prtor to an occurrence subject to policy terms end :ond(t~ons. Form 9S2001 attached &dy¶/es Add~ttonel Znsured coverage ~ncludod wtth~n the pol¶cy. ]~eb~l(ty coverage er(danced (s pr(mary end Bey other ~nmurence mu~nte~ned by the add~t¶one] insured Js non-contr(butory. *Excep~ m ~0~d&y not(ce for non-payment of promSum, ADJ2/lIOK43.1NGURED:INEURERLLfTTER CANG U.A~O ~ 8HQULD ANY OF ~ ABOVE I:~CRIBEO POUCII~ BE C~ BEFORE THE Ctty of Saratoga ATTN: NARY 30 ~LKER/Adm~n. Serv. DSt. 13777 Pru~tvele Avmnue Sorl~ogeB CA ~$070 EXPIRATION DATE THEREOF, THE I~RUINQ ~OMpANYV/ILL]glji~ 1MA~L ~(t D~W~ W~a ] le~d NOTICE TO 114E CERllFiC&TE HOLDER XA~ TO l~lE LEler, )he P~ 1:cho$s -. MAY. iO.2~i~ 2:16PM---"-CO~PLETE i~SbRA~CE 9Q9 26S-0906 ~0.875 =.5×Q IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. A statement on this certificate does not confer fights to the cerlflicate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require'an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The CertJficete of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. DATE: 09-01-00 ~'0 09-01-01 SARATOGA CITY COUNCIL MEETING DATE: May 16, 2001 AGENDA ITEM: ORIGINATING DEPT:'Administrative Services CITY MANAGER: PREPARED BY: DEPT HEAD: SUBJECT: Agreement to Purchase Tax-Defaulted Property RECOMMENDED ACTION(S): 1. Adopt resolution approving the purchase of tax-defaulted real property adjacent to Hakone Gardens Park. 2. Approve agreement between the CiB, of Saratoga and the County of Santa Clara to purchase tax-defaulted property. REPORT SUMMARY: In JanuaD-, the Count)' of Santa Clara notified the City of parcels that are tax-defaulted within the City limits and slated to be auctioned off to the highest bidder. The notification offered an opportunity for the City to object to the sale of a particular parcel and to purchase the parcel directly rather than allow it to be auctioned. The City of Saratoga objected to the sale of parcel number 517-36-010 that was immediately adjacent to the City's Hakone Gardens Park, and expressed its interest in purchasing the parcel. The parcel is a narrow sliver of land just west of the Park. It is identified on the attached map as the narrow rectangle labeled #10, to the right of the Hakone Gardens Park parcel #9. FISCAL IMPACTS: The purchase price for the parcel is $800, which is the amount of defaulted property tax. An additional amount of approximately $300 will be required for the cost of the public notice to be placed by the Count),. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): There is no significant consequence if the process is merely delayed a few weeks. If the agreement and resolution are denied by the City Council, the property will revert back to the County of Santa Clara, who will sell it at the next Count): tax auction. ALTERNATIVE ACTION(S): Deny approval of the agreement and resolution, in which case the property will be sold at auction to the highest bidder in the next County tax auction. I~OLLOW UP ACTION(S): Forward the signed resolution and agreement to the County of Santa Clara for further processing; pay $800 to the Coun~ of Santa Clara within ten days after the agreement becomes effective;' and take possession 'of the property. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: Attachment A-Resolution approving the purchase o:5 tax-defaulted real property,' adjacent to Hakone Gardens Park. Attachment B- Agreement between the Ci~ of Saratoga and the County of Santa Clara to purchase tax-defaulted property. A~tachment C - Map Co uncilRpt- Tax Property 2 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA APPROVING THE PURCHASE OF TAX-DEFAULTED REAL PROPERTY ADJACENT TO HAKONE GARDENS PARK WHEREAS, the County of Santa Clara notified the City. of parcels that are tax-defaulted within the City limits and are slated to be auctioned; and WHEREAS, the City of Saratoga objected to the sale of parcel number 517-36-010 that vms immediately adjacent to the City's Hakone Gardens Park, and expressed its interest in purchasing the parcel; and WHEREAS, the purchase price for the parcel is $800, which is the amount of defaulted property tax, and an additional amount of approximately $300 will be required for the cost of the public notice. NOW, THEREFORE, the City Council of the City of Saratoga hereby resolves to approve the purchase of parcel number 517-36-010 adjacent to Hakone Gardens Park; AND, approve the agreement between the City of Saratoga and the Count).: of Santa Clara to purchase tax-defaulted property. The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the 16th day of May, 2001, by the follov~dng vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: John Mehaffey, Mayor Cathleen Boyer, City Clerk ATTACHMENT A County of Santa Clara Tax Collector County Government Center, East Wing 70 West Hedding Street San Jose, California 95110 (408) 808-7959 F,4~X 294-3829 AGREEMENT TO PURCHASE TAX-DEFAULTED PROPERTY This agreement is made this 16th day of May, 2001, by and between the Board of Supervisors of Santa Clara County, State of California, and the City of Saratoga, a municipal corporation, as a Taxing Agency, pursuant to the provisions of Division 1, ]?art 6, Chapter 8, of the Revenue and Taxation Code. The real property situated within said county, hereinafter set forth and described in this agreement is tax-defaulted and is subject to the power of sale by the Tax Collector of said county for the nonpayment of taxes, pursuant to provisions of law. TERMS AND CONDITIONS It is mutually agreed as follows: 1. That as provided by Section 3800 of the Revenue and Taxation Code, the cost of giving notice of this agreement shall be paid by the PURCHASER. That the PURCHASER agrees to pay the sum of $ 800.00 for the real property described in Exhibit "A" within 10 days after the date this agreement becomes effective. Upon payment of said sum to the Tax Collector, the Tax Collector shall execute and deliver a deed conveying title to said property to PURCHASER. That said PURCHASER will not share in the distribution of proceeds from the sale. If all or any portion of any individual parcel listed in Exhibit "A' is redeemed prior to the effective date of this agreement, this agreement shall be null and void as to that individual parcel. This agreement shall also become null and void and the right of redemption restored upon the PURCHASER'S failure to comply with the terms and conclitions of this agreement. Board of Supe:-visors: Donald F. Gage. Blanca Alvarado, Pete McHugh, James T. Beall. Jr., Liz Kniss Count..-- Execulive: Richard Wittenberg ATTACHMENT B The undersigned hereby agree to the terms and conditions of this agreement and are duly authorized to sign for said agencies. ATTEST: CITY OF SARATOGA APPROVED AS TO FORM AND LEGALITY By¸ Mayor Depu~' County Counsel ATTEST: BOARD OF SUPERVISORS By SANTA CLARA COUNTY Clerk of the Board of Supervisors Date Bv By ' Deputy Chairman (seal) Pursuant to the provisions of Section 3775 of the Revenue and Taxation code, the governing body of the Ci~' of Saratoga hereby agrees to the sale price as provided in this agreement. ATTEST: CITY OF SARATOGA By Ci~? Clerk Mavor (seal) Pursuant to the provisions of Section 3795 of the Revenue and Taxation Code, the Controller approves the foregoing agreement this __day of , __ Kathleen Connell, California State Controller By EXHIBIT "A'' Description First Year Delinquent Default Number Purchase Price 527-36-010 (Legal Attached Attachment A-l) 1993-94 517-36-010 $ 800.00 -==i SARATOGA CITY COUNCIL MEETING DATE: DEPARTMENT: PREPARED BY: May 16, 2001 CommuniD- Development Mark J. Connolly ~) AGENDA ITEM: CITY MANAGER: DEPT HEAD: ~ SUBJECT: Continuance of DR-00-054& V-01-002; Kittridge Road-MARTIN/ROSE RECOMMENDED MOTION: Accept the report and continue the item. REPORT SUMMARY: The applicant has requested Design Rex~iew and Variance approval to constr~ct a new 7,272 square foot txvo story residence on a 347,173 square foot vacant parcel. The Variance is necessan, for retaining wails to exceed five feet in height and possibly closer than 10 feet for parallel wall~. The Variance is also necessan,' to exceed 15,000 square feet of imper~'ious surface due to a long driveway. Maximum height of the structure is 26 feet tall, located within a Hillside Residential zoning district. The Planning Commission held a public hearing on March 28, 2001 at which the item was approved (4-1) with Commissioner Kurash opposed. The appellants, Mr. and Mrs. Samsel appealed the decision of the Planning Commission over concern of inadequate drainage affecting their propert-y, which is located below the subject property, on Kittridge Road. In response to the appeal, Public Works and Planmng Staff visited the site to gain information and offer suggestions to the applicant's Engineers to improve the drainage situation. Staff submitted a letter to the applicant's Engineers for rex~iew and comment. A response letter was then received by Staff, in which the applicant's Engineer's agreed xxSth some conditions and suggested further improvements. Planning Staff then held a meeting with the Samsel's to review the progress and gain their input. The Samsel's agreed to all but one of the conditions relat-ive to drainage in an existing raxqne. A subsequent meeting v,.4_ll be held on site bet~veen the Samsel's, Staff, the applicant and their Er.gineers on Tuesday May 15, 2001 to resolve this final matter. .TEe appellant's have therefore requested a continuance of the Cit3/Council appeal hearing on June 6, 2001 in order to resolve the issues betxveen the two parties amicably. A copy of the request is attached. * 05/10/01 T111' 08:45 FAX 408 542 2020 X~RITY · ~002 May o 2001 15300 Kittridge Rd., Saratoga,. CA 95070 A.P.N. 517-14-023 A.P.N. 5 ] 7-14-083 City Council City of Saratoga 13777 Fruitvale Ave., Saratoga~ CA 95070 SUBJECT: DR-00-054 & V-01-002 (517-14-087) MART12N/ROSE, KITI'RIDGE RD Dear Mayor and Ci~, Council Members, I am the appellant for the Martin/Rose project that is scheduled to be heard on May 16*. Please consider Otis l~tter as a request for a continuance until the follo~mg City Council ~eeting. Mr. Mark Connolly is currently working v,.ith Martin/Rose m resolve the neg~ativc impact issues to our property, and suggeaed that this action would be a bmefit to all parties. Thank you for your understanding. SARATOGA CITY COUNCIL MEETING DATE: May 16,2001 AGENDA ITEM: ~ ORIGINATING DEPT: Communi~' Development CITY MANAGER: _~-~~~'~ pREpARED BY: Mark J. Connolly ~ DEPT HEAD: SUBJECT: Appeal - 01-002 of DR-00-036; Sobey Road. Applicant/Appellant-Grace San Filippo RECOMMENDED ACTION (S): Consider the Public Testimony and the Record of the Planning Commission's Deliberations, and Determine if the facts support the Planning Commission's Action. If so, it is recommended that the Ciw Council Uphold the Planning Commission's decision and deny the appeal. REPORT SUMMARY: The applicant has requested Design Review and Use Permit approval to construct a new 5,312 square foot two story residence with a 608 square foot basement and 529 square .foot cabana on a vacant lot. The Use Permit approval is necessary to allow the cabana to be located within the rear yard setback. The original application proposed the maximum height of the residence to be 26 feet. This was revised in the current proposal to 24 feet. The site is 43,042 square feet and is located within an R-I-40,000 zoning district. The Planning Commission held an initial public hearing on January 24, 2001 at which the item was continued for a redesign to address issues of bulk and mass as well as compatibility with the neighboring properties. The applicant retumed to the Planning Commission on March 14, 2001 with changes that responded to some but not all of the Planning Commission's concerns. This included a reduction in overall height from 26 feet to 24 feet and an emphasis on landscape screening rather than distance to buffer the proposed residence from adjacent neighbors. There were no changes to the footprint or floor area of the design. Staff had advised the Commission that although the project conforms to the Zoning Code -Requirements, the revisions did not meet the intent of the Commission's recommendations, with respect to the findings necessary for Design Review approval. The Commission denied the project (5-0) with Commissioner Bernald recusing herself because of proximity to the proposed project. Chairman Page was absent. StaffAnalysis Zoning: R-I-40,000 General Plan Designation: Residential - VeD' Low Density, Measure G: Not applicable parcel Size: 43,042 sq.ft. _ Average Site Slope: 11% Grading Required: 793 cubicyards of cut, 578 cubic yards of fill; and 185 cubic yards of cut for the basement. Materials And Colors Proposed: Stucco exterior :painted medium tan with brown wainscot or olive green stucco and dark brown wainscot. Window trim will be dark green, and the roof material will be a Mission tile. Color and material samples will be available at the public heating. Proposal Code Requirement," Maximum Allowable Lot Coverage: Floor Area: SetbackS: First floor Second floor Garage Cabana (Basement) TOTAL Front Rear Left Side Right Side 32% 3,498 sq. ft. 1,352 sq. ft. 462 sq. ft. 529 sq. ft. (608 sq. ft.) 5,841 sq.-ft. 50 ft. 85 ft. 20 ft. 30ft. 35% 5,844 sq. ft. Minimum Required 50ft. 75 ft. 20 ft. 20 ft. Height: Residence 24 ft. Maximum Allowance 26 ft. 2 of 7 Project Discussion 1. Design Review The application is for Design Review and Use Permit approval to construct a new 5,312 square foot two sto~ residence with a 608 square foot basement and 529 square foot cabana on a vacant lot. The Use Permit approval is necessaD-' to allow the cabana to be located within the rear yard setback. The current application proposes the maximum height of the residence to be 24 feet. The site is 43,042 square feet and is located within an R-I-40,000 zoning district. The neighbor to the north (_.Mr. Tim McNeil) has expressed concern regarding bulk, mass and the proximity of the proposed residence. Mr. McNeil has expressed concern regarding the project since the inception of the project design. A site visit involving the parties concerned was held, and no resolution was acceptable to either party. The applicant was unwilling to move the structure further to the south to create more distance from Mr. McNeil's house in order to have a view of the meadow to the rear of the property. The applicant feels that moving the residence into the meadow' would reduce enjoyment of the property. Upon conclusion of the meeting the only recommendation Staff could offer was for the applicant to provide mature landscape screening (15 gallon or greater), to be planted between the two property lines. The applicant expressed willingness to do so, :however this was unacceptable to Mr. McNeil. The applicant has submitted a letter addressing these issues, which is attached. The City Arborist, the Public Works Department, the City, Geotechnical Consultant and the Santa Clara County Fire Department have reviewed the application. Their recommendations are included in the proposal or as conditions of approval. Design · Review Denial Findings The Planning Commission felt that the proposed residence was not sensitive to the._ adjacent neighbors, due to the combination of bulk and proximitT to neighboring properties. _Also, there were concerns that the materials v,'ere not in character with the neighborhood. The Commission believed that the Floor Area should be reduced to minimize bulk and mass, and there should be more use of wood siding and natural elements as opposed to stucco, to better integrate the design into the natural emq_ronment and be in character with the neighborhood. Also, there was concern over the cascading of the front of the residence down the slope, which can be seen from Sobey Road. The Commission felt that the design should either be relocated dov, ua the slope or cut into the hillside per the Cities Residential Design Guidelines. The proposed residence in relation to structures on adjacent lots, and to the surrounding neighborhood, does not minimize the perception of excessive bulk and does not integrate into the natural emSronment, in that the structure's design does not incorporate elements and materials which minimize the perception of bulk and mass. Ihe structure's design is not similar in scale, size and sts, le to other homes within this area. 3 of 7 2. Use Permit The application was also for Use Permit approval to allow the proposed Cabana to be constructed within the rear yard setback; 15 feet from the property line at a'maximum height of 15 feet. Staff felt that the necessary findings could be made to support the Use Permit in that it will have minimal aesthetic impact on adjacent neighbors and would not be detrimental to public health, safety, and the environment. The Planning Commission did not vote on the Use Permit, as it was moot since the Design Review had been denied. 3. Parking The Saratoga City Code requires each residence to have at least two enclosed parking spaces within a garage. The residence will have an attached two car garage. 4. Grading 793 cubic yards of cut, 578 cubic yards of fill; and 185 cubic yards of cut for the basement. 5. Geotechnical RevieTM The application did receive Geotechnical clearance and the recommendations are included in the conditions of approval. 6. Trees The City A_rborist report contains recommendations for the protection of exisiing trees on the site. There are 37 trees on the property potentially at risk of damage by construction. 17 trees are proposed to be removed by implementation of the design. The report contains recommendations for the restoration and protection of the health of all trees on site, as well as suggested mitigation measures for the trees to be removed. All of the Arborist's recommendations have been made conditions of approval in the attached Resolution. 7. Fireplaces The plans clearly indicate that only one wood-burning fireplace will be constructed in the new residence. There will also be 2 gas-burning fireplaces. There are also 2 chimneys proposed. 8. Correspondence No new v~u'itten correspondence has been received since the date of appeal. 4 of 7 FISCAL IMPACTS: None CONSEQUENCES OF NOT FOLLO~,~rING RECOMMENDED ACTION (S): Reversal of the Planning Commission's denial will constitute approval of the project, which the Ciw Council may do with or without additional conditions. -a3-'TERNATIVE ACTION (S): Provide direction and refer the item back to the Planning Commission FOLLOW UP ACTION (S): The City Attomey will prepare a Resolution for the next available meeting to memorialize the decision of the City Council on this matter.' .M)VERTISING, NOTICING AND pUBLIC CONTACT: A public hearing notice was mailed to surrounding property owners within 500 feet of the subject property and published in the Saratoga News newspaper. ATTACHMENTS: 2. 3. 4. 5. 6. Appeal application from the applicant dated 3/29/01 Original Staff report dated January 24,2001 Memorandum dated March 14, 2001 Minutes fi.om January ~2~4, 2001, and March 14, 2001 Planning Commission meetings Original Plans, Exhibit 'A' Revised Plans, Exhibit 'B' 5 of 7 13777 FRUITVALE AVENUE · SARATOGA, CALIFORNIA 95070 · (408) 868-1200 Incorporated October 22, 1956 FILE NO. DATE SUBMITTED: PLAN~qJ~,'G SERVICE REQUEST FEE: $ COL','NCIL ~MBER& Evan Baker Stan Bogosian John Mel~affey Nick'Streit Ann Waltonsm/t,h ' RECEIPT NO. ( ) DESIGN RE%'ZEW ( ) TENTATIVE !VL.~P APPROVAL ( ) ADMINISTILATIVE DESIGN REVIEW ( ) BUILDING SITE EXEMPTION ( ) V.MCLL~NCE APPROVAL ( ) USE PEILMIT APPROV.~L ( ) LOT LINE ADJUSTMENT ( ) S1TEMODIFICATION ( ) TEMPORARY USE PEP~MIT ( ) SECOND UNIT PEmMIT ( ) GENEIL4L PLAN AMENDMENT ( ) ZONqrNG ORDINANCE AMENDMENT ( ) SIGNPERMIT ( ) EN%HRON%4ENTAL ASSESSMENT ( ) FENCE/SOL,'NDWALL PEKMIT ( ) GEOLOGIC RE'vIEW AUTHORIZATION ( ) ADMINISTILATIVE STRUCTUP. E PERMIT ( ) HORTICULTURAL RE%qEW AUTHOPdZATION ( ) MODIFICATION OF APPROVED PROJECT ( ) EXTENSION OF APPROVED PROJEcT ( ) HERITAGE PRESERVATION REVIEW ADDRESS OF PROJECT: ASSESSOR'S PARCEL NO. NAME OF LEGAL PROPERTY OWNER: ( ) SANTA CLARA COUNTY FIRE DEPARTMENT* ( )?AILATOGA FIRE DISTRICT* . RECEIVED_B%: Po -t WORK: ADDRESS: PHONE: *Must provide separate check payable to the applicable Fire District. AGREEMEN~r FOR PAYMENT OF FEES FOR ApPLI(~ATION PROCESSING FOR CITY USE ONLY: .Applicant Name Address of Pr~ect Copies to: CiwAttorney Finance Issue Date File No. Applicant TO BE COMPLETED BY APPLICANTi TO: City of Saratoga 13777 Fruitvale AvenUe Saratoga, California 95070 Project Description A[~t [ Phone: (408) 868-1200 I, \ ~ (insert name of applicant) agree to pa3' all personnel and related direct' and indirect costs (including 100% of direct personnel costs for employee benefits and overhead) for review and processing necessaD, for the subject project, 'even if the application is withdrawn, not approved, approved subject to conditions or modified upon approval.. Applicant agrees to make a deposit(s) to be applied toward the above costs, in an amount and at such time as requested by the Community Development Director or the CiD' Engineer. Applicant further'agrees that'no Certificate of Occupancy will be issued for the project until all costs are paid. Payments are due and payable x~'ithin 30 days. Interest will accrue at the maximum legal rate on all costs unpaid 30 davs after billing, and the City is entitled to recover its costs, including attorney's fees, in collecting unpaid accounts. Applicant 'a~ees to hold City harmless from all costs and expenses, including attorney's fees, incurred' by CiD' or held to be the liability of City in connection with Ciw's defense of its actions in any proceeding brought in any state or Federal court challenging the Ciw's actions with respect to the applicant's projec~t. If applicant is not the property owner, applicant a~ees to pay such costs unless the property oxvner also skmas this agreement, in which case both the applicant and property oxvner shall be jointly liable for such costs. - Name: .~,CLk '~....~x . Telephone: Address: (Number & Street) Signature of Applicant or Authorized Agent: Print Name: CITY OF SAR_5,TpGA (City, State & Zip) r OFFICIAL RECEIPT ~ CITY OF SARATOGA 13777 FRUITVALE AVENUE RECEIVED FROM: PHONE: (408) 868-1200 FAX: (408) 868-1280 ANIMAL LICENSES ~1-2~5.42~-0~-~ ARBORIST FEE 1250-40~ ~4.02-~ iP~K RENT~ 2~-602~462-0~02 BUILDING PERMITS ~50~4015-422-01~ iPROPER~ TAXE~SECURED ~=.1~4~ ~.0~-~ BUILDING RENTAL ~292-6020-462-C~01 BUS TICKETS ~001-0~202- BUSINESS LICENSE T~ ~1-1~413-05-~ RENTAL DEPOSIT 292-~-2~-~0~ DOCUMENT STORAGE FEES :25~40!~-05-~ SALES TAX ~'.~412-0!-00 DOCUMENT TRANSFER TAX !~-I~413-03-~ THEATER SURCHARGE 293-6~5-462-0~03 DONATiONS-RECREATION :2~-601 ~47'-01.~0 TRANSIENT OCCUPANCY ~3~- I ~0-4 ~ 3-03-00 5NCROACHMENT ~ERM!TS ~i-3035.422-0~3 W~RELESS COMM LEASE 00~- I~3-462-0~-30 ENG=NEERiNG FEES 250-3835-~3-02-~ ENVIRONMENTAL FEES 2~-5~5-~4-0~ FALSE ALAqM FEES 001-1 ~0-451-01.~ FINES & ~ORCEITS 001-1~0-452-0;.0C FOOD SAL~'RECREATION 2~-6~5-~5-0~00 FOOD SAL~%EEN SERVICES 2~60~5-~ FRANCHISE FEES ~1-1~0-413-04-~ GEOLOGY FEE 2~-3035-~3-01-~ ' GRADING PERM:TS 25~4C~ 5-422-C2-00 RECEIVED BYIDEPT.: FORM OF PAYMENT: CASH CHECK NO. DEPOSIT RECEIPT # L.t?_. ¢,5' 52107 L THIS BOX TO BE COMPLETED BY TEIE CITY CLERK 'DATE RECEIVED: FFEARING DATE: FEE: RECEIPT # CITY OF SARATOGA PLANNING COMMISSION APPEAL APPLICATION This two-part application must be submitted to the City Clerk, 13777 Fruitvale Avenue; Saratoga CA 95070, by 5:00 p.m. within fifteen (15) calendar days of the date of the decision. Appellant Name: Grace Sanfilippo Address: 117 E1 Porton, Los Gates, CA 95032 (408) 866-2031 Telephone #: Name of Applicant (If different than' Appell .ant): Project file number and'address: DR-00-36 UP-00-0] a ~_~97-0~-09] ) Decision being appealed: Denial of Request For Design Review Grounds for appeal (letter may be attached): See Attachment Sobey Road (Please do not sign th_is application and the attached authorization until it is present at City offices) ATTACHMENT TO CITY OF SARATOGA PLANNING COMMISSION APPEAL APPLICATION The ~projeCt meets all minimum zoning requirements in terms of set backs, floor area, coverage and height as well as all Policies and Techniques of the City of Saratoga Residential Design Handbook Guidelines and is comPatible with the neighborhood. The 'design is careful to maintain the grade and natural features of the lot. The architect, civil engineer, and .landscape architect have worked together to fit the structure onto the land to minimize grading and to conform with the natural drainage and features of the site. The house itself is located in the mid-portion of the lot away from the street. An arbor .17rovides an architectural feature relating to the street and a transition to the house itself. The denial of the Request for Design Review was improper. CITY OF SARATOGA A~PPEAL APPLICATION PART 2 AUTHORIZATION FOR PUBLIC NOTICING I, Grace Sanfilippo , as appellant on Projec~ DR-00-36 , Herby authorize Engineering Data Services to perform legal noticing for this appeal appliF~o~n. Sienamre( ~~Q~~ ' Date ~ ' Grace S~J ~i~ APPEAL FEEs AS OF7~99 (REsoLUTION 99-35) ~ Municipal Code Section 2-05.030 (a) appeals:' . c No-Hearing ................................................... $100.00 o With Hearing ................................................. $200.00 ~1 Municipal Code Section 15-90.010 appeals (zoning related): o Appeals from administrative decisions to. Planning Commission $150.00 Municipal-Code Section 15-90.020 appeals (zoning i:elated): o Appeals from the Planning Commission to City Council $250.00 Request for continuance: c For fn:st request .............................................. No Charge ITEM 1 REPORT TO'THE PLANNING COMMISSION Application No./Location: Applicant/Owner: Staff Planner: Date: APN: DR-00-036 fiz UP-00-018; Sobey'Road SAN FILIPPO 'MarkJ. Cormolly, Assistant Planner January 24, 2001 · 397-05~091 North Sobey Road 00000~. EXEC~VE SUMMARY CASE HISTORY Application filed: Application complete: Notice published: Mailing completed: Posting-completed: 7/28/00 12/20/00 V10/01 Vll/01 1/4/01 PROJECT DESCRIPTION The applicant has reqUested Design Review and Use Permit approval to construct a new 5,312 square foot two story residence with a 608 square foot basement and 529 square foot cabana on a vacant lot. The Use Permit approval is necessary ro allow the cabana to be located within the rear.yard setback The maximum height of the residence will be 26 feet. The site iS 43,042 sqUare feet and is located within an R-I-40,000 zoning district. STAFF RECOMMENDATION Approve the Design Review and Use Permit application by adopting Resolution DR-00- 042 & UP-00-018. ATTACHMENTS 1. Staff Analysis 2. Resolutions DR-0'0-036~ ~'UP-00-018 ' ' 3. Arborist Report dated September, 212000 4. Correspondence Dom applicant addressing neighbor issues 5. Plans, Exhibit 'A' 000002 File No. DR~00~036 & . P~00~018; Sobey STAFF ANALYSIS ZONING: R-I-40,000 GENERAL pLAN DESIGNATION: Residential; Very Low Density MEASURE G: Not apphcable PARCEL SIZE: 43,042 sq.ft. AVERAGE SITE SLOPE: !1% GRADING REQUIRED: of cut forthe basementl · 793 cubic yards of cut, 578 cubic yards of fill; and 185 cubic yards MATERIALS AND COLORS PROPOSED: Stucco exterior painted medium tan with brown wainscot or olive green stucco and dark brown wainscot. Window trim will be dark green, and the roof material will be ai Mission tile. Color and material samples will be available at the pubhc hearing. Lot Cover.age;., Floor Area: Setbacks: First floor Second floor Garage .. Cabana · rB~semenr~ ~ . . TOTAL' Front Rear Left Side Right Side Proposal Code Requirement/ A1]owallce '- 30%. 35%" 3,498 sq. fi: 1,352 sq. ft. .462sq. ft. . 529 sq.'ft. (608 sql ft.) 5,841 sq. ft. 50fc 85 :ft. 20fc. 30 ft: 5,844 sq. ft. 50ft. 75 ft. 20ft. 20ft. Height: Residence 26ft. 26ft. P: ~P lanningkMarkkPC Staff Reports~D R-00-036 SAN FILIPPO.doc 0 00 0 0 3 File No. DR-00-036 & . P-00-018; Sobey PROJECT DISCUSSION DesJg~ Review The applicant has requested Design Review and Use Permit approval to construct a new 5,312 square foot two story residence with a 608 square foot basement and 529 square foot cabana on a vacant lot. The Use Permit approval is necessary to allow the cabana to be located within the rear yard setback. The maximum height of the residence will be 26 feet. 'The Site is 4_3,042 square feet and is located within an R-I-40,000 zoning district'. Stag f~nds that the project can be supported_ The project meets the minimum zoning requirements of setbacks, height, floor area and lot coverage. The rooftrees are well articulated and the design is sensitive to the existing adjacent residences, as well as the natural environment. The project has undergone a design iteration to locate the residence more m the center of the lot rather than toward the fi:ont of the lot where the slope exceeds 30%. Staff feels that the proposed design and both alternatives of the materials board are compatible with the neighborhood_ There is concern fi:om the neighbor to the north (Mr. Tim McNeil) who has concerns .' ~egarding bulk and mass. Mr. McNeil has been involved with the applicants since the inception of the project design. However, it was not brought to stags' attention that Mr. McNeil was unaware of the final design until the project had been publicly noticed. Upon staffs recommendation a site visit between-all parties concerned was hdd and no resolution was amenable to either party. The applicant is unwilling to move the structure further to the south due to a desire to have a view of the meadow to the rear of the prope ~rSy. Thd applicant feels that mo~'ing the residence into the meadow would reduce enjoyment of the property. Upon conclusion of the meeting the only recommendation staff could offer was for the applicant to provide mature landscape screening (15 gallon or greater), to be planted between the two property lines. The applicant expressed willingness to do so, however this was unacceptable to Mr. McNeil. The applicant has presented stag with a letter addressing these issues and is attached. The City Arborist, the Public Works Department, the City Geotechnical Consultant and the Santa Clara County Fire Department have reviexved the application. Their recommendations are included in the proposal or as conditions of approval. Use Permit The applicants are requesting Use Permit apProval to alloWthe prOposed Cabana to be 6onstrUcted within the rear yard setback; 15 feet fi:om the property line at a maximum height of 15'feec Stag feds that the necessary findings can be made to support the Use Permit in that it will have minimal aesthetic impact on adjacent neighbors and will not be detrimental to public health, safety and the environment. P:~lanmn~arkkl:~ Staff Repo=~DR-00-036 SAN FILIPPO.cloc 0 0 0 0 0 4 File No. DR-00-036 & P-00-018; Sobey Parking The Saratoga City Code requires each residence to have at least two enclosed parking spaces within a garage. The residence will have an attached two car garage. Grading 793 cubic yards of cut, 578 cubic yards of fill; and 185 cubic yards of cut for the basement. C. eoteclzrdcd Review The apphcation did receive Geotechnical clearance and the recommendations are included in the conditions of approval. The City Arborist report contains recommendations for the protection of existing trees on the site. There are 37.trees on the property potentially at risk of damage by construction, 17 trees are proposed to be removed by implementation of the design. The report contains recommendations for the restoration and protection of the health of all trees on site, as well as suggested mitigation measures for the trees to be removed. All of the Arbotist's recommendations have been made conditions of approval in the attached Resolution. F~epIaces The plans clearly indicate that only one wood-burning fireplace will be constructed in the new residence. There will also be 2 gas-burning fireplaces. There are also 2 chimneys proposed. Correspondence No written correspondence in opposition of the project has been received at the rime of this report. Conclusion The proposed residence is designed to conform to the policies set forth in the City's Residential Design Handbook and to satisfy all of the findings required within Section 15- 45.080 of the City Code. The residence minimizes interference with views or privacy, preserves the natural landscape to the extent feasible, and will minimize the perception of bulk so that it is compatible with the neighborhood. The proposal further satisfies all other zoning regulations in terms of allowable floor area, setbacks, maximum height and impervious coverage. STAFF RECOMMENDATION Approve the Design Review application by adopting Resolution DR-00-036 & UP-00-018. P:~Planning~ar~C S taft Reporrs~DR-00-036 SAN FILIPPO.doc -' THIS PAGE HAS BEEN ' * INTENTIONALLY LEFT BLANK O0000G File No. DR~00~036 6, P~00~018; Sobey APPROVAL OF RESOLUTION NO: DR~00-036 · CITY OF SARATOGA PLANNING· COMMISSION STATE OF CALIFORNIA SAN FILIPPO; Sobey Road WHEREAS, the City of Saratoga Planning Commission has received an application for Design Review approval to construct a new 5,312 square foot two story residence with a 608 square foot basement and 529 square foot cabana on avacant lot; and WHYS, the Planning Commission held a duly noticed Pubhc Hearing at which rime all interested parries were given a full opportunity to be heard and to present evidence; and WH~m:_AS, the apphcant has met the burden of proof required to support said apphcation for Design Review approval, and the following finding5 have been determined: · 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 adjacent lots and within the neighborhood; and (ii) community view sheds, will avoid um'easonable interference with views and privacy, in that the location of the proposed residence will be partially screened from existing residences by mature vegetation. · 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 neighboring developed areas and undeveloped areas and in that there is minimal grading proposed outside. Of the basement excavation and the 17 ordinance protected trees that are proposed to be removed will be mitigated for. 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 structure's design incorporates elements 'and materials which minimize the perception of bulk and integrate the residence into the surrounding environment in that the structure's design incorporates elements and materials which ~e the perception of bulk and integrate the residence into the surrounding environment and the structure's design is similar in scale, size and style to other homes within this area. File No. DR-00-036 tx P-00-018; Sobey The residence will be compatible in terms of bulk and height with (i) existing resi&nml 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 propemes to utilize solar energy. · The proposed Site· development or 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. · .' Now~ THEREFOR& the Planning COmmission of the City of Saratoga does hereby resolve as follows: Section 1. After careful consideration of the site plan, architectural drawings, plans and other exhibits submitted m connection with this matter, the application of DR-00-036; SAN FILIPPO for Design Review approval'be and the same is hereby granted subject to the follo~wing conditions:. CoMMuNITM DEVELOPMENT ,. The development shall be located and constructed as shown on Exhibit 'A', incorporated by reference. Prior to submittal for Building permits, the following shall be submitted to the Planning Division staff in order to issue a Zoning Clearance: Four (4) sets of complete construction plans incorporating this Resolution as a separate plan page and containing the following: i. The plans shall ShoTM only one wood burning fireplace. ii. All recommendations of the City Arborist shall be followed and incorporated into the plans. iii. The sire'plan shall be stamped and signed by a Registered Civil Engineer or Licensed Land Surveyor. The site plan shall contain a note with the following language: "Ptior to foundation inspection by the City, the RCE or LLS of record shall provid,e a · written certification that all building setbacks are per the aPproved plans.. FOur (4) sets of complete grading plans incorporating this Resolution and ' Mborist report as a separate plan page. OOOO0_8 File No. DR-00-036 & P-00-018; Sobey vi. No Retaining wall shall exceedfive feet in height and three feet within the f front yard setback. · No Ordinance-size tree shall be. removed· without first obtaining a Tree Removal Permit. FENCING REGULATIONS - No fence or wall shall exceed six feet in height and no fence or wall located within any required front yard shall exceed three feet in height. 5. N'o structure shall be permitted in any easement. A storm water retention plan indicating hog, all storm water will be retained on- · site, and incorporating the New Development and Construction - Best Management Practices. If all storm water cannot be retained on-site due to topographic, soils or other constraints, an explanatory note shall be provided on the plan. CITY ARBORIST 7. All recommendations in the City Arborist's Report dated October 21, 2000 shall be followed and incorporated into the plans. This includes, but is not limited to: a. The Arborist Report shall be incorporated, as a separate plan page, to the construction plan set and the grading plan set and all applicable measures noted on the site and grading plans. · .b. The grading plan shall be revised to show that no grading will occu} within the follgwing distances form the trucks of the following trees: Tree/~1 ' ' Tree #2 18 feet Tree/~15-17 15 feet 35 feet ' Tree # 27 18 feet Fivd (5) ft. chain link tree protective fencing shall'be shown on the site plan as recommended by 'the Arborist with a note' 'to remain in place throughout construction.' The fencing shall be inspected by staff prior to issuance of a Building Permit. : A bond in the amount of $14,897 be posted to ensur~ protection of trees/~2 and ~27 and a.10 % bond of all other trees. . -- " e. The applicant shall replant an equivalent value of $12,513 in 6- 36 inch box and 11- 24.inch box'native specimens fOr removal of #3q4-and #28-32. A note shall be included on the site plan stating that no construction equipment 'or private vehicles shall park or be stored within the driplme of any ordinance protected trees on the site. P:~PlannmgLMark~PC Sr~ff Reports~DR-00-036 SAN FILIPPO. doc OOOOO 9 File No. DR-00-036 & P~00-018; Sobey g. A revised landscape plan shall be submitted prior to issuance of a Zoning Clearance showing locations of the any native replacement trees. Prior to Final Occupancy approval, the City Arborist shall inspect the site to verify compliance With tree protective measures. Upon a favorable site inspection by the A.rborist and, any replacement crees having been planted, the bond shall be released_ Any future landscaping shall be designed and installed in accordance with the Arborist's recommendations. 10. A project arborist certified by the International Society of Arboriculrure shall be' retained to (1) provide on site supervision during key aspects of consumction of the residence and driveway for the purpose of preventing or minimizing damage to tree # 1; and (2) provide regular written progress reports to the City of these supervision functions as they occur. CITY GEOLOGIST 11. The City Geologist was not consulted due to the stability and modest slope of the property. FIRE PROTECTIONDISTRICT 14. 15: The roof covering shall be fire retardant, Uniform Building Code Class "A' prepared or built-up roofing. Early Warning Fire Alarm System shall be installed and maintained in accordance with the provisions of the City of Saratoga Code-Article 16-60. 16. Early Warning Fire Alarm System shall have documentation relative to the proposed installation and shall be submitted to the Fire District for approval. 17. The required fire flow for this project is 2,000 gpm at 20 psi residual pressure. The fire flow IS NOT available Dom the area water mains and the fire hydrants which are spaced at the required spacing. 18. Provide the required fireflow from the hydrants spaced at the maximum of 500 feet, OR, provide and approved fire sprinkler system designed per NFPA standar ~13D and local ordinances throughout all portions of the building. The sprinkler system shall be installed by a licensed contractor. 19. Provide an approved fire department engine driveway turnaround with a minimum radius of 36 feet outside and 23 feet inside. 20. An approved, automatic fire sprinkler System shall be provided for the garage. OOOO10 PSPlann~ng~Mark~PC Staff Reports~DR-00-036 SAN FILIPPO.doc File No. DR-00-036 & P-00-018; Sobey C~rz ArroaN~Y 21. 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 m any State or Federal Court, challenging the City's action with respectto the applicant's project. 22. 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 chis City per each day of the violation. Section 2. Construction must be commenced within 24 months or approval will expire. Section 3. All applicable requirements of the State, County, City and other Governmental entities must be met. Section 4. Unless 'appealed pursuant to the requirements of Article 15-90 of the Saratoga City Code, this'Resolution shall become effective ~teen (15) days from the date of adoption. PASSED AND ADOPTED by the City of Saratoga Planning Commission, State of Califorma, this 24th day of January 2001 by the following roll call vote: NOF_S: ABSENT: ABSTAIN: Chair, Planning Commission ATTEST: Secretary, Planning Commission PSPlanningqM arl~c Staff Reporr~'d3 R-00-036 SAN FILIP PO.doc THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK 000012 File No. DR-00*036 & P-00-018; Sobey APPROVAL OF RESOLUTION No. UP~00~018 CITY OF SARATOGA PLANNING COMMISSION STATE OF CALIFORNIA SAN FILIPPO; Sobey Road. WI-I~dm~s, the City of Saratoga Planning Commission has received an apphcation for Use Permit approval to allow a 528 square foot Cabana to be located within the rear yard setback; and WHEREAS, the Planning Commission held a duly noticed Public Hearing at which time all interested parties were given a full opportunity to be heard and to present evidence; and WKEREAS, the applicant has met the burden of proof required to support said application, and the' following findings have been determined: · The proposed location of the conditional use will be in accord with the objectives of the Zoning Ordinance and the purposes of the dismct in which the site is located. · That the proposed location of the conditional use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety or welfare, nor be materially injurious to the propemes or improvements in the vicinity. · That the proposed conditional use will comply with each of the applicable provisions of the Zoning Ordinance. . Now, THEREFORE, the Planning Commission of the City of Saratoga does hereby, resolve as follows: Section 1. After careful consideration of the site Plan, architectural drawings, and other exhibits submitted in connection with this matter, the application of SAN FILl?PO for Use Permit approval be and the same is hereby granted subject to the following conditions: P:~PlannmgkMarl&PC Staff RePOrts~DR'00'036 SAN FILIPpO.d°c 000013. File No. DR-00-036 ~ WP-00-018; Sobey COMMUNITY DEVELOPMENT The devdOpment shall be located and constructed as shown on Exhibit 'A', incorporated by reference. Prior to submittal for Building permits, the following shall be submitted to the Planning Division staff in order to issue a Zoning Clearance: a. Four (4) sets of complete construction plans incorporating this Resolution as a' separate plan page. b. The site plan shall be stamped and signed by a Registered civil Engineer or a Licenced land Surveyor. c.-'The ,Cabana shall be lOcated exactly as shown in exhibit uA" at a mzxqmum height of 15 feet. '-- d. A final landscaping plan showing the proposed landscape screening be submit-reck FENCING REGULATIONS- No fence or wall shall exceed six feet in height and no fence or wall lOcated within any required front yard shall exceed three feet in height. 4. No structure shall be permitted m any easement. PUBLIC WORKS All building and construction rdated activities shall adhere to New Development and construction Best Management-Practices as adopted by the City for the purpose of preventing storm water pollution. CITY ATTORNEY Applicant agrees to hold the City harmless from all costs and expenses, including attorney's fees, incurred-by the City or held to be the liability of the City in connection with the City's defense of its actions in any proceeding brought m any State or Federal court, challenging the City's action with respect to the appli- cant's project. 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 $250 shall be payable to this City per each day of the violation. PXPlanmng~Mark~PC Staff Reports~DR-00-036 SAN.FILIPPO.doc O O O O 1 4 File No. DR-00-036 ~.~P-00-018; Sobey Section 2. Construction must be commenced within 24 months or approval will expire. Section 3. All applicable requirements of the State, County, City and other Governmental entities must be met. Section 4. Unless appealed pursuant to the requirements of Article 15-90 of the Saratoga City Code, this Resolution shallbecome effective fifteen (15) days from the date of adoption. PASSED AND ADOPTED by the City of Saratoga PlannLng Commission, State of CalJornia, th/s 24t~ day of January 2001 by the following roll call vote: AVES: NOES: ABSENT: ABSTAIN: Chair, Planning Commission AT1-EST: Secretary, Planning Commission THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK 00O016 Period "-i/: Protective Fenc~ \ 12 ~-.. tion Per Fence I ,I 23 L Grace Sanfilipp'o Sobey Road Saratoga, Calif. ! ' · :uve Fence N.. ~. I ~ ~:... ; 38 SOB~, Exis~m$ O000:t? BARRIE D.' )ATE and ASSOCIATES Horticultural Consultants 408-353-1052 Fax408-353-1238 23535 Summit'Road, Los Gatos, CA 95033 ANALYSIS OF POTENTIAL CONFLICT BETWEEN TREE PRESERVATION AND CONSTRUCTION AT THE SAN FILIPPO SITE, SOBEY ROAD SARATOGA Prepared at the Request of.' Mark Connelly Community Planning Dept. City of Saratoga -. - 13777 Fmitvale Ave. Saratoga, CA 95070 Site Visit by: .. Michae!L. Bench ~. -Consulting Arborist September 1, 2000 Plan Received: 8/10/00 Plan Due: 9/8/00 · Job. #08-00-201~ O000:l.S AT THE ~ FII/PPO SITE, Sm~tY. BOAD. ~aATOGA /~UCTION Asagnment At the request ofMark Connelly Planner, City of Ssratog, this-relx~rt reviews the proposal to construct a large home and a pool w/th a ~ on a vacant lot, Jn the context of potential damag~ to ortbe removal of existing uees. This report further provides information about the condition of the trees on site, and makes recommendations by which damage to the ~ trees can be minimized to.prevent decline. The plans, reviewed for this report are: (1) the Fl°or Plans prepared by Camargo and Associates, San Jose, Sheets T, A1.0-A3.0, dated July 25, 2000, (2) the Topography and the Grading and Drainage Plans prepared by Michael Rosenberg, l. amdscal~ Architect, · and by TS Civil Engineering, Sheets C1-C3, dated 5-22-00, revised 7-26-00. Summary ... This proposal exposes 37 trees to some level of risk bYconstmction. Seventeen trees are to be removed by implementation of this design. Replacements, which equal their value, are suggested. Procedures arc suggested to mitigate the damage that would be expected. A combination bond equal to 30% the value oftrees/t2 and #27 and a bond of 10% the value of all other trees:is suggested in accordance with the levels of the expected risks. Observations There are approximately 21 trees on this site and 16 located on adjacent proi~rties that are large enough to be controlled by the City Ordinance and are at risk of damage by proposed construction. The attached map shows the location of these trees and their approximate canopy dimensiom. Each tree has.been tagged with a metallic label indicating its assigned number. Tree #5 is slightly smaller than the size controlled by the City Ordinance. This was discovered after the labels were attached. Thus, tree #5 is omitted from the value assessment.. The 37 .trees are. classified as follows: Tree #1 .'. Trees #2, 4, 12, 1827, 37, 38 · Tree #3 Trees g6-.l 1,31 Trees #13, 15 Trees #14, 16, 17, 33-36 Trees tt28, 29, 32. · Tree 1130 Valley Oak (Quercus lobata) Coast Live Oak (Quercus agrifolia) Big Leaf Maple (~,lcer macrophyllum) Califomia Black Walnut (duglans hindsii) ' Aleppo Pine (Pinus halepensis) Monterey Pine (Pinus radmta) Plum (Prunus,cerasifera) Bailey's Acacia (~4cacia baileyana) The health and structure of each specimen is raled on a scale I to 5 (Excellent-Extremely Poor) on the data sheets that follow this text This information is converted to a single descriptive rating intended to aid with planning as follows: OOO019 Exceptional Fine Specimens Fail: Speciram~Marginal Poor Specimens Specimens '.' Specimens 2,3,27,37 1,4,6,10,12, 7,' 11, 20 8,9,14,30,31, 28,29,32 · . 13, 15-19, 21, 34 22~26, 33, 35, 36~ 38' Exceptional specimens must be retained at any cost and whatever'procedures are nee. z~ to retain th~n in their current COndition must b~ used. Fine specimens must be retained fi.poSSible but without major design revisions. Mitigation procedures r~amunended here are intencl~l to limit damage within accept~ horticultural standards in order to prevent decline. Fair sPeCimens are worth retaining but again without major design revisions. Mitigation must prevent further decline. Marginal specimens are typically worth retaining but could be removed if necessary to facilitate COnstruction. Mitigations-recommended here are intended to prevent significant decline. ....... Poor specimens cannot significantly improve regardleSS of care. For any which are COnsidered hazardous, removal is recommended. For those retained, mitigation may not be typically'requested. · Trees lOCated on adjacent properties Which would be affected by this activity must be treated as Exceptional ~regardless of COndition. .Ing~act of Construction ' .' · With the exception'of trees #15 and 17, the'plan 'proposes to remove all of the trees inside 'the boundaries of this property. These proposed removals included two Exceptional specimens: tree #27 a moderately large coast live oak, and tree #3, a young big leaf maple. Although tree:#3-is rated as exceptional, it can be easily replaced, which I recommend. However, tree #27 cannot be replaced, and because of its size, it is not an acceptable candidate for tnmsplant. This is not to.say that itcould not be transplanted, but should it be transplanted, it would no doubt decline, and its life span would in all probability be greatly.~. The proposed grading and drainage work inside the dripline of tree #27 would be severe. Revisions of the grading and drainage plan and of the landscap~g plan would be required to prevent decline of this tree~: Tree #15 would suffer severe root damage ifthe.dminline on the north side of its trunk is trenched as proposed'. The minimal expected result would be canopy decline, which may recover after a feW years if envimnmentalcondit/ons'were opt/mai. However, if the trce AT THE SAN 1;1LtPPO SITE, So,~EY ROAD, .~kRATOOA ' were to become infested by insects, the tree.may die after a few years of decline. - Weakened trees are targe~ for insect infestation. The neighboring trees (#16, 35, and 36) Tree # 17 would be minimally affected by the trenching to c~nsuuct the adjacent drain,. but may be severely affected by surface grading, should it be necessary to grade inside the dripline to assure surface dtainag~ toward the existing catch basin. Proposed surface grading would expose all of tben~ighboring trees adjacent to the south property boundary to the same risk. ...~ A wall is proposed onthe south side adjacent.to the property boundary. If this wall were to be con~ using a typical footing, Uees #15-17 and #33-36 would be rendered unstable, becaUSe buttress roots would no doubtbe severed, ffthis ,,vail were to be constructed by a pier and beam design without, a footing, the same trees would likely suffer only minor root damage provided piers were to be relocated a minimum of 8 feet from the trunk of any of these individuals trees, and provided the bottom of the proposed · wall is constructed on top of or slightly above the existing grade. A large and relatively level 'open space is seen north of trees #15-17, 35' 36, east oflxees #18-21, and south 0ftrees 022-27.: Beca~ ofthe size and the complexity of this project all of these trees would be subjected to one. Or more of the following damaging events that are common to construction sites~ The stockpiling of materials or thestorage ofequipmem under the canopies. The dumping of conStruction _maten'als, especially waste materials, such as painting products, mortar, concrete, etC.) under the canopieS. Soil compaction as a result ofconsUuefion traffic, including foot tm~c across the root systems, :and.the parking of vehicles or construction equipment under the canopies Under the canopies. :. The trenChing across root zones for new utilities Or. for landscape irrigation. The grading of the' surface. sOil resulting in the removal of quantities of absorbing root tips. ~ 6.' 'Broken branches or bark injuri~ as a reSult ofconsm~on equipment passing too close. ' There is a larg~ open space adjacent to Sobey Road between roms #1 and #38, which would expose tree #38 to most of these same risks. . If the jtmction P°le marks the property as noted on sheet C2, it appears that the'wooden fence between trees #37 and 38 extends onto this site by approximately 5 feet. If this o (;' & )SIO~S'NI "(g-r) XJ.ltlOlUd 9NINn~M (~'$) HI'lV'-J H .,. II-Ig~H 133:1 ~) U3 i :IHVlO fl3.L.~XS~lnH fl II Jl Letter to the Planning Commission: From the onset of this project, the intention of Ms. Sanfilippo was to cause the least amount of adverse impact to the surrounding neighbors. The lot was the perfect site to create a home that would command a beautifully landscaped rear yard that included a cabana and pool, with plenty of room in the surrotmding areas to entertain and welcome guests. UPon receiving the conceptual plans, Grace made a point of notifying all the neighbors that bordered her property by sending each one of them a letter explainhg exactly what she proposed to build. She included the name' of the architect, Maurice Camargo, and invited each one of them to contact Maurice if they had any questions or concerns about the project'. Several.neighbors did, in fact, contact Maurice for additional information. Additionally, Grace invited all the neighbors to a breakfast meeting at the site to show them the conceptual plans that were to be submitted to the Planning Commission. Grace had the-entire footprint of the home staked out and outlined with ribbon so that the neighbors could see the exact position of the home. The consensus of those attending the .meeting was an'.0verwhelming acceptance 'of the project.. In accordancewith the specitic design criteria as set be the City of Saratoga, much care was taken to mitigate the impact of the project on the adjoining landowners. For example, the allowable'building setback 'distance is 20.feet fi.om the eastern property line. The plans have the improvement sited at 30 feet away.fi.om.the prOperty line, lessening the impact as it pertains to'privacy andview issues. The garage is located completely offthe street view on the lower level as well. The majority of the home is situated on the lowest portion of the prOpertY. The front portion of the home is designed as a one story, and the'remainder of the plan is extremely articulated to reduce the perception of excessive bulk. The plans have been designed so as to minimize the fenestration on the eastern side, in order to respect the adjoining landowner's privacy. The activity on this side of the house is · limited to the occasional car coming in or out of the garage. The outdoor activity is oriented aWay fi'om the eastern side and focuses on the meadow, increasing the privacy level. The topography of the land mandates the placement of the home where it is sited, as the regulations prohibit a structure to be placed on a 30 percent or greater slope. A minimum amount of cutting and grading, has been called for to preserve the natural topography. Additionally,' the fi-ont portion of the home is designed as a one story, thereby minimizing the PercePtion of exceSsive bulk While'maintaining a street presence. JAN 11[ 2001 'CITY OF SARATOGA COMMUmTY F, NYntO~ Page 2 Letter to Planning Commission As is the case in most new development, some ti'ees may be lost in order to properly site the home in the allowable setback limitations. The report fi.om the City Arborist has' delineated the list of trees that may be removed and those that must stay and be carefully preserved. The landscape plan calls for a specific number and type of tree or trees that must be replaced. In addition to the Arborist's list, the landscape plan calls for a major screening effort to be done on the northeastern side of the property, adjacent to the land owned by Mr. McNeil. Grace has offered to increase the number and size of the screening trees to suit Mr. McNeil,. even going so far as to plant trees on his property, thus preserving the natural look of the landscape and increase his level of privacy. Regarding the grading and erosion control issues, a detailed plan has been included that utiliv, es the existing storm drain already on site, and improves the absorption of water and the control of runoff as required by the City of Saratoga. As you 'can see, every effort Was made to be concerned and involved with the neighbors and to be as considerate as possible of their privacy issues, and to be compatible with the surrounding neighborhood. The project meets or exceeds the desired design criteria the City of Saratoga. It is our sincere hope that the Planning Commission members will appreciate the time and expense involved that it has taken to prepare this presentation, in collaboration with the Planning Staffand respectfully asks for approval of this project. THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK 000034 Incorporated October 22, 1956 ITEM 1 13777 FRUITVALE AVENUE * SARATOGA, CALIFORNIA 95070 · (408) 868-1200 COUNCIL MEMBERS: Evan Baker Stan Bogosian John Mehaffey Nick Streit Ann Wa!tonsmith MEMoRANDuM TO: FROM: DATE: SUBJECT: Planning Commission Mark Connolly, Assistant Planner March 14, 2001 DR-00-036 8z UP-00-018; SAN FILIPPO, 15500 Sobey Road DESCRIPTION The apphcant has requeSted Design Review and Use Permit approval to cons ,t-Tuct a new 5,312 square foot two story residence, and a 529 square foot cabana totaling 5,841 square feet on a vacant lot. In addition the proposal includes a 608 square 'foot basement. The Use Permit approval is necessary to allow the cabana to be located within the rear yard setback. The maximum height of the residence will be 24 feet. The site is 43,042 square feet and is located within an R-i-40,000 zoning dismct. Comparative ANALYSIS OF PROPOSED SAN FILIPPO ON SOBEY ROAD. DR-99-010 ~ V00-020 ZONING: R-I-40,000: GENERA[ pLAN DESIGNATION: ResidenQal- Hillside Conservadon PARCEL SIZE: 43,042 sq. ft. (net)~ AVeRaGE SITE SLOPE: 11% ' ." Ori~nal,SuBmittal GRADING REQUIRED: Cut: 793 Cu Yds Max. Depth: 8 ft. & Cut for Basement: 185 Cu Yds Fill: 578 Cu Yds Max. Depth: 12 ft. File No. DR~Oo-osB & UP-O0~018; Sobey Road MATERIALS AND COLORS PROPOSED: Stucco exterior painted medium tan ~vith brown wainscot or olive green stucco and dark brown wamscoc Window trim will be dark green, and the roof material will be a Mission tile. Color and material samples will be available at the Public Hearing. Proposal Code Requirement/ iliowal'lce LOT COVERAGE: Approx. 36% 35% SETBACKS: Front: 50 fr. 50 f. Rear: 85 fr. 75 fr. Right Side: 30 fr. 20 fr. Left Side: 20 fr. 20 ft. SIZE OF STRUCTURE: First Floor: 3,498 sq. ft. ' Second Floor: 1,352 sq. fr. ' Garage: 462 sq. fr. Cabana 529 sq. fr. Basement' (60g sq ft.) TOTAL: 5,841 sq. fr. 5,844 sq. fr. HEIGHT: 26 ft. 26 fr. New Pronosal GRADING REQUIRED: Cut: 793 Cu. Yds. Max. Depth: 8 fr. & Cut for Basement: 185 Cu Yds' Fill: 578 Cu. Yds. Max. Depth: 12 ft. MATERIALS AND COLORS PROPOSED: Light beige painted stucco exterior with a stucco base xvamscot in a darker beige and trim details in white. The roof material proposed is a darker red and brogm blended mission tile. A color.and material board will be available at the Public Hearing. 00000 File No. DR-O0-O$6 & UP-O0-018~ Sobey Road LOT COVERAGE: Driveway -' Entry and Walks Dining patio and fountain - Upper deck and house POol and Pool deck Walk fromgarage ' House' and garage Cabana Total 'SETBACKS: SI7E OF STRUCTUKE: HEIGHT: Proposal Fron~: Rear: Right Side: Left Side:' 32.6% --(14',113/43,042) 3570 sq. fi: 1004 sq. fi: 183 sq. fi: 1460 sq. fi: 3218 sq. fi:. '122 sq. ft. '4,027 sq. fi: 529 sq. fi: 14,113 sq. fr. 50fi:. 85fi:. 30ff. 2off:. First Floor: Second Floor: Garage: Cabana Ba.~emenr:' TOTAL:. 3,498 sq. fi:. 1,352 sq. fi:. 462 sq. fi:. 529 sq. ft. (~0~ ,~q. ft.) 5,84.1 sq. ft.. 24 fi:.. Code Requirement/ AlloWance 50fi:. 75 fi:. 20fi:. 20ft. 5,844 sq. ft. 26fi:. 35% DISCUSSION The project was continued from January 24, 2001 for the applicant to redesign the residence and address issues of compatibility with the neighborhood, bulk and mass, cascading of the residence down a slope at the front of the lot to the middle, reducing impervious coverage, and to consider changes to size and materials. 000003 File No. DR-o0~O$6 & UP-O0-018~ $obey Road The applicant has reduced the height of the residence to 24 feet from the previous 26 feet, and softened the rooflines. The impervious coverage has been reduced well within the maximum allowed through the use. of pervious pavers and gravel walks. The square footage, footprint, and materials are'unchanged. ' .. ' There was aoncern at the January 24th Public hearing from an adjacent neighbor to the West who had raised issues of bulk and mass, and recommended that the residence be reduced in size and brought down the slope on the front of the property toward the middle of the lot. The applicant chose not to relocate the residence but to mitigate the impact by lowering the overall height and emphasizing.landscape screening. Staff feels that the revised design responds to some, but not all of the commission's 'recommendations, and fails to meet the intention, which is to reduce the overall effect of bulk and mass, and create a design more compatible with the natural environment and the adjacent properties.. Staff is basing its conclusion on the following Design review findings:~ :' ' ' ..... · Although the height was '_'educed 2 feet, the project does not adequately protect the adjacent properties from unreasonable interference with views and privacy through placement, height and elevations. The project does preserve the natural landscape by.cascading the structure to follow the natural topography and by avoiding excess grading cuts. To achieve this, the plan requires removal of a considerable number of trees that have been apprQved by the City Arborist. The residence ua. Il rely upon landscaping to screen the project from the adjacent properties and to minimize the perception of excessive bulk and mass in relation to other structures on adjacent lands due to the slope at the front of the property, the perception of bulk is reduced as viewed from Sobey Road and will blend in from that elevation. The project does maintain compatible bulk and height to the adjacent properties to some degree, in that the rooflines are well articulated, and the residence is stepped down the slope. However, it does not maintain compatible mass with the adjacent properties in that the residence would cover a large port-ion of the lot. Relative to the neighborhood, the residence is only about 300 sq. ft. larger than the largest homes immediately adjacent. · The project does incorporate current grading and erosion control measures. · As described above, the project has incorporated certain but not .all policies and techniques of the Residential Design Handbook. 000004 File No. DR-O0~03~3 & UP~00-018; Sobey Road RECOMMENDATION Although the project meets all minimum zoning requirements m terms of setbacks, floor area, coverage andheight, staff notes that it does not appear that the redesign bally comphes with the intent of the Commission. Nor does the project meet all. the necessary Design Reviexv findings' and the Residential Design Handbook guidelines. ATTACHMENTS 1. Resolutions DR-00-036 & UP-00-018 2. Excerpted Planning Commission hearing minutes,January 24, 2001 3. 'Previous Plans, Exhibit ~A" 4. Current Plans, Exhibit"B" 5. Correspondence from Tim McNeil in opposition of the project 6. Correspondence from David and Linda Scott with concerns of compatibilit3, and water drainage THIS PAGE HAS BEEN INTENTIoNALLy LEFT BLANK 000006 APPROVAL OF-RESOLUTION NO. DR--00~036 CITY OF SARATOGA PLANNING COMMISSION STATE OF CALIFORNIA SAN FILIPPO; SOBEY ROAD . WHEREAS,. the City of Saratoga Planning Commission has received an application for Design Review approval to construct a new 5,312 square foot two story residence with a 608 square foot basement and 529 square foot cabana on a vacant lot; and WHEaEAS, the Planning Commission held a duly noticed Pubhc Hearing at which time all interested parries were given a full opportunity to be heard and to present evidence; and WHE~^S, the applicant has met the burden of proof required to support said application for Design Review approval, and the following findings have been determined: 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 adjacent lots and within the neighborhood; and (ii) community view sheds, will avoid unreasonable interference with views .and privacy, in that the location of the proposed residence.will be partially screened from existing residences by mature vegetation. .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 neighboring developed areas and undeveloped areas and in that there is minimal grading proposed outside of the basement excavation and the impact of 17 ordinance protected trees proposed ro be removed will be mitigated. · 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 em~onment, in that the structure's design incorporates elements and materials which minimize the perception of bulk and integrate the residence into the surrounding em4_ronment in that the structure's design incorpOrates elements and materials which minimize the perception of bulk and integrate the residence into the surrounding environment and the structure's design is similar in scale, size and style to other homes within this area. · The' 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 Propemes.to uriliTe solar energy. 00000'7 File No. DR-00-036 Cs: UP-00-018; Sobey Road · The proposed site development or grading plan incorporates current grading and erosion control standards used by the City. as follows: · The proposed residence will conform to each of the applicable desig'n policies and techniques set forth in the Residential Design Handbook and as required by Section 15- 45.055. Now', THEmiFOmi, the Planning Commission of the City of Saratoga doeslhereby resolve Section 1. After careful consideration of the site plan, architectural drawings, plans and other exhibits submitted in connection with this matter, the application of DR-00-036; SAN FILIPPO for Design Review approval be and the same is hereby granted subject to the following conditions: COMMUNITY DEVELOPMENT The development shall be located and constructed as shown on Exhibit 'B', incorporated by reference. Prior to ~ubmittal for Building permits, the~foll°wing shall be submitted to the Planning · Dixdsion staff in order to issue'a Zoning Clearance: Four (4) sets of complete construction plans incorporating this Resolution as a separate plan page and containing the following: i. The plans shall show only one wood-burning fireplace. ii. All recommendations of the City Arborist shall be followed and incorporated into the plans. iii. The site plan shall be stamped and signed by a Registered Civil Engineer or Licensed Land SurveYor. The site plan shall contain a note with the following language: "Prior to foundation inspection by the City, the. RCE or LLS of. record shall provide a written Certification that all building setbacks are per the approved plans." Four (4) sets of complete grading plans incorporating this Resolution and Arborist report as a separate pi_an page. vi. No Retaining xvall shall exceed five feet in height and three feet within the front yard setback. · No Ordinance-size tree shall be removed without first obtaining a Tree Removal Permit. 000005 File No. DR-00-036 ~z UP-00-018; Sobey Road FENCING REGULATIONS ~ No fence or wall shall exceed six feet in height and no fence or wall located within any required front yard shall exceed three feet in height. No structure shall be permitted in any easement. The walkways from the garage leading to the rear patio and cabana shall be constructed' of completely pervious material (i.e.'decomposed granite or gravel), and the par'king area of the driveway closest to the garage shall be echo stone or turf block. o A storm water retention plan indicating how all storm water will be retained on-site, and incorporating the New Development and Construction - Best Management Practices. If all storm water cannot be retained on-site due-to topographic, soils or other constraints, an explanatory note shall.be provided on the plan. CITY ARBORIST All recommendations in the City Arborist's Report dated October 21, 2000 shall be followed and inc°rporated into the plans. This includes, but is not limited to: ao The Arborist Report shall be incorporate& as a separate plan page, to the construction plan set and the grading plan set and all apphcable measures noted on the site and grading plans.- The grading plan shall be revised to show that no grading v, qll occur within the folloxx,4.ng distances from the trunks of the following trees: Tree 5~1 18 feet Tree ~15-17 15 feet Tree ~'2 '35 feet Tree ,~ 27 18 feet Five (5) ft. chain link tree protective fencing shall be shown on the site plan as recommended by the Arb°fist with a note "to remain in place throughout construction.' The fencing shall be inspected by staff prior to issuance of a Building Permit. d. A bond in the amount of $14,897 be pOsted to ensure protection of trees/~2 and/~27 and a 10 % bond of all other trees. e. The applicant shall replant an equivalent value of $12,513 in 6- 36 inch box and 11- 24 inch box native specimens for removal of ~3-14 and/~28-32. f. A note shall be included on the site plan stating that no construction equipment or private vehicles shall park or be stored within the driplme of any ordinance protected trees on the 'site. 000009 File No. DR-00-036 6:r UP-00-018; $obey Road I0. 11. A rex~ised landscape plan shall be submitted prior to issuance of a Zoning Clearance showing locations of the any native replacement trees. Prior to Final Occupancy approval, the City Arborist shall inspect the site to verffT compliance xvith tree protecm,e measures. UpOn a favorable site inspection by the Arborist and. any replacement trees haxmg been planted, the bond shall be released. Any future landscaping shall be designed and installed in accordance with the Arbonst's recommendations. A project arborist certified by the International Society of Arboriculture shall be retained to (1) provide on site supervision during key aspects of construction of the residence and driveway for the purpose of preventing or minimizing damage to trees and (2) prm4de reg-ular written progress reports to the City of these supervision functions as the)' occur. CITY GEOLOGIST 12. All conditions of The City Geologist shall be incorporated into the plans as a separate plan page. FIRE PROTECTION DISTRICT 13. 14. 15. 16. 17. The roof covering shall be fire retardant, Uniform Building Code Class uA" prepared or built-up roofing. Earl), VVarmng Fire Alarm System shall be installed and maintained in accordance with the provisions of the City of Saratoga Code-Article 16-60. 18. Early Warning Fire Alarm System shall have documentation relative to the proposed installation and shall be submitted to the Fire District for approval. 19. The required fire flow for this project is 2,000 gpm at 20-psi residual pressure. The fire flow IS NOT available from the area water mains and the fire hydrants, which are spaced at the required spacing. ' Provide the required ~e flow from the hydrants spaced at the maximum of 500 feet, OR, prox~ide and approved Lire sprinkler system designed per NFPA standard #l)D and local ordinances throughout all portions of the building. A licensed contractor shall install the sprinkler system. Provide an approved fire department engine driveway turnaround with a minimum radius of 36 feet outside and 23 feet inside. An approved, automatic fire sprinkler system shall be provided for the garage. OOOO10 File No. DR~00~036 ~r UP~00-018; Sobey Road CITY ATTORNEY 20.. Apphcant agrees to hold City harmless fi:om all costs and expenses, including attorney's fees, incurred bY the City or held to be the'liability of CitY in connection with Cit3,'s defense of its actions in any proceeding brought m. any State or Federal Court, challenging the' City's action with respect to the applicant's project. 21. 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 recur due to the violation, liquidated damages of $250 shall be payable to this City per each da3' of the '~qolation. 0000 . File No. DR~00~036 ~ UP~00~018; Sobey Road Section 2. Construction must be commenced within 24 months or approval will expire. Section 3. All applicable requirements of the 'State, County, CiU, and other .Governmental entities must be met. Section 4. Unless appealed pursuant to the requirements of Article 15-90 Of the Saratoga City Code, this Resolution shall become effective fifteen (15) days from the date of adoption: PASSED AND ADOPTED by the City of Saratoga Planning Commission, State of California, this 14th day of March 2001 by the following roll call vote: AYES: NOES': ABSENTi ABSTAIN: Chair, Planning Commission ATTEST: Secretary, Planning Commission OOO012 File No. DR-00.036 ~: UP-00-018; .Sobey Road A??wov~a. or RESOLUTION NO. UP-00-018 CITY OF SARATOGA PLANNING COMMISSION STATE Or C,~LIFOKNIA SAN FILIPPO; Sobey Road. WHEREAS, the City of saratoga planning Commission has received an application for Use Permit approval to allo~v a 529 squ.are foot Cabana to be located within the rear yard setback; and WHEREAS, the Planning COmmissiOn held a duly noticed Public Hearing at which rime all interested parries were given a full opportunity to be heard and to present evidence; and WHERr~S, the applicant has met the burden .of proof required to support said application, and the following findings have been determined: · The proposed location of the conditional use will be in accord with the objectives of the Zoning Ordinance and the purposes of the district in which the site is located. That the proposed location of the conditional use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety or welfare, nor be materially injurious to the properties or improvements in ~he vicinity. · That the proposed conditional use will comply with each of the applicable provisions of the Zoning Ordinance. NOW, THEILEFOILE, the Planning Commission of the City of Saratoga does hereby resoh,e as follows: exhibits submitted in connection with this matter, the aPPlication of SAN FILIPPO for Use Permit approval be and the same is hereby granted subject to thc following conditions: ooooxa File No. DR-00-036 ~ UP-00-018; Sobey Road COMMUNITY DEVELOPMENT 1. The development shall be located and constructed as shown on Exhibit 'B', incorporated by reference. Prior to submittal for Building permits, the following shall be submitted to the Planning DMsion staff m order to issue a Zoning Clearance:. a. Four (4) sets of complete construction plans incorporating this Resolution as a separate plan page. b. The site plan shall be stamped and signed by a Registered cml Engineer or a Licensed land Surveyor. ' c. The Cabana shall be located exactly as shown in exhibit 'A" at a maximum height of 15 feet. d. A final landscaping plan showing the proposed landscape screening be submitted. FENCING REGULATIONS- No fence or wall shall exceed six feet in height and no fence or wall located within any required front yard shall exceed three feet in height. No structure shall be permitted in an3, easement. PUBLIC WORKS '?dl 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. CITY ATTORNEY Applicant agees to hold the City harmless from all costs and expenses, including attorney's'fees, incurred by the City or held to be the liability of the City in connection with the City's defense of its actions in any proceeding brought in any State or Federal court, challenging the City's action xvith respect to the applicant's project. 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. 000014 File No. DR-00-036 ~ UP-00-018; Sobey Road Section 2. Construction must be commenced within 24 months or approval ,aSll expire. Section 3. All applicable requirements of the State, Count3', Cit3' and other Governmental entities must be met. Section 4. Unless appealed pursuant to the requirements of Article 15-90 of the Saratoga. City Code, this Resolution shall become effective fifteen (15) days from the date of adoption. PASSED AND ADOPIED by th& City of Saratoga Planning Califorma, this 14th day of March 2001 by the following roll call vote: AYES: Commission, State of NOES: ABSENT: ABSTAIN: Chair, Planning Commission ATTEST: Secretary, Planning Commission 000015 THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK 000016 Saratoga Planning Commissi Minutes of January 24, 2001 Page 2 CONSENT CALENDAR There are no Consent Calendar Items. PUBLIC' HEARING ~ ITEM NO. 1 ' DR-00-036 & UP-00-018 (397-05-091)- SAN FILIPP0~ Sobev Road: Request for Design Review' approval to construct a new 5,312 square foot two-storY residence with a 608 square foot basement and 529 square foot cabana on a vacant lot. The Use permit approval is necessary to allow the cabana to be located within the rear yard setback. The maximum height of the residence will be 26 feet. The site is 43,042 square feet and is located within an R-1-40,000 zoning district. Mr. Mark Connolly, Planner, presented the staff report as follows: · Stated that this request is for a Design Review approval to allow the construction of a 5,312 square foot, two-story residence with a 608 square foot basement and. a 529 square foot cabana. A Use Permit is required to allow the cabana to be located within the rear yard setback. The maximum height of the cabana is 15 feet while the maximum height of the residence will be 26 feet. This is a constrained lot in that there is a 30 percent grade at the front of the lot. Concerns have been expressed by the adjacent neighbor to the east regarding the proposed placement of the house. As mentioned during the Technical Corrections, amendments to the plans will be required to reduce the impervious surfaces for the property to meet allowable percentages. Echo stone and · decomposed granite or gravel will be used for walkways. With those adjustments, staff is recommending approval as all other requirements are met. Commissioner Kurash inquired about the cabana. Mr. Mark Connolly advised that a Use Permit is required to allow the 15-foot height as well as the placement within the rear yard setback. Commissioner Roupe inquired whether, the retaining walls are within the allowances. Mr. Mark Connolly advised that staff has verified 'that the maximum..height of any retaining walls on site is three feet. Chairman Page opened the Public Hearing No. 1 at 7:50 p.m. Mr. Rick Zea, 4616 Venice Way, .San Jose: · Identified himself as the representative for the applicant and advised that they have worked closely with staff to meet all requirements. Thanked Mr. Connolly for his assistance. · Added that they have also worked closely with the neighbors, having mailed information as well as meeting with neighbors. At the meeting with neighbors, support was expressed. · ReqUested approval. · ' Advised that both the applicant and architect are available for questions. Commissioner Patrick asked Mr. Zea if there would be any problem complying with the requirement to reduce impervious Surfaces. Mr. Rick Zea deferred to the applicant and architect. 0000:1.:7 Saratoga Planning Commissi: Minutes of January 24, 2001 Page 3 Commissioner Patrick added that she felt there is too much paved area on the property. Asked if the applicants might consider reducing the amount of driveway. Mr. Rick Zea advised that adequate access to the site requires the long driveway. Said that they would consider a compromise material for portions of the driveway as possible. Mr.. Maurice Carmargo, 3953 Yolo Drive: · Identified himself as the project architect. · Assured the Commission that it Will be easy to reduce the impervious sUrfaces to meet acceptable standards. Suggested changes to some of the walkway materials. Commissioner Roupe asked about the significance of such changes. Mr. Mark Connolly advised that should the walkways be comprised of decomposed gravel, a 25 percent credit is given that reduces the total amount of impervious surface to allowable levels. Added that the applicants will be using pervious pavers for the hammerhead and flat area in front of the garage, which offers a:25 percent credit. These changes result in 32 percent of impervious surfaces. Chairman Page expressed concern with the numbers provided and ultimate percentage of impervious surfaces that will result on this site. Commissioner Roupe agreed and said that there appears to be a lot of impervious surface. This issue must be resolved to ensure that the project meets allowable limits. Mr. Maurice Carmargo said that there are-walkway areas that can be eliminated outright. Assured that he was willing .to make changes to meet City requirements. Said that the edges of tl~e driveway can be constructed using pervious material. Chairman Page inquired whether any other architectural design styles .had been considered and whether the applicant might be willing to consider the use of wood siding. Added that this Mediterranean-style stucco building is out of character with the beginning of Sobey Road. Said that with the removal of 17 trees from this site, this structure will be highly visible from Sobey Road 'and that he is not certain this stYle home fits.' Mr. Maurice Carmargo advised that they had considered many architectural styles but that the owner has a pretty strong desire to have Mediterranean-style architecture. Added that many trees are staying and that the house is setback quite a way from the front of the lot while retaining a presence to the street. There are limits due to the constraints of the lot. Concluded by stating that this design is Compatible and set back. Commissioner Roupe said that the structure gives the appearance of a three-story in that it marches up that hill. Said that' the ceiling height in the study seems excessive and inquired why it is so massive, especially since it is at the front elevation that is most visible fi'om the street. Maurice Carmargo said that the house is single-story on that elevation. Said that the high Ceiling for the study Was designed to give balance to that whole elevation and a certain prominence tO highlight the front entrance. Said that this one-story fa¢ade balances with the living room wing. 000018 Saratoga Planning Commissi~ .,/linutes of January 24, 2001 Page 4 Commissioner Roupe stated that it rather creates bulk and mass. Commissioner Kurash inquired about landscaping plans around the large oak tree in the front of the property. Mr. Maurice Carmargo advised that the' landscaping plan'has not yet been developed. Said that they could look into adding additional landscaping that is compatible and requires low water. Commissioner. Kurasch asked if the neighbor's concerns.have been addressed. 'Asked why the house is situated on the site as it is currently. Mr. Maurice Carmargo said that they moved the house as far back from the east property line as 'possible. The study has been buffed into the hillside. They also created a planting strip between the driveway and house next~door. This planting area will .allow plenty of.mom to install screening landscaping. Added that the owner is willing to plant as many trees as necessary. Mr. Tim McNeil, 18450 Sobey Road, Saratoga: · · Stated his opposition to this project: · Expressed' concern that the structUre cascades down the slope of the hill which gives bulk and mass. to the house. · 'Added that this new home'has been positioned over his rear yard and pool area, which will greatly affect his privacy. . - . · Said that there is plenty of property in the meadow portion of this lot on which to construct this home. ' .... ' :' ' - .... ' · Advised that many of the 17 trees to be 'rem0ved' are ove~ 30 feet' in height. Thergfore, his property will be substantially and unfairly impacted bY this Project. · Suggested that the project be redesigned for placement, on the lower portion of the meadow. Added' thai the City' should consider issuance of a Variance, if.necessary, in order to facilitate ' placement of this'home there. Said' this would be a'good: solution to the Problems of the' current placement. ExPressed his opinion that it was a bad subdivision that created this lot. Ms. Nona Christensen, 1851'0 sobey Road, Saratoga: · S'aid th'a~ she owns three acres Over several lots, including the lot' immediately adjacent to the'west to the aPplicant's'lot. ' · Expressed support for this project and stated that th~ p~bposed house will be a beautiful addition to .. Sobey Road. · Said that several architects .were consulted and all came up with the same. placement of the house on this lot. Ms. Grace San Filippo, Applicant, 117 E1 Portal, Los Gatos: · Advised that this is her first, experience in building a house. · Said that she feels strongly that she wants a Mediterranean-style home to reflect her Italian heritage. · . Said that She has done everything, possibleto design this project and feels that it will be a beautiful · .addition to .Sobey Road. . . O00019 Saratoga Planning Commissi, .Vlinutes of January.24, 2001 Page 5 Commissioner Roupe asked why Ms. San Filippo would not consider constructed in the meadow area of her lot. Ms. Grace San Filippo replied that the meadow area is so far back and would feel very isolated and would result in a flag lot appearance. Said that she prefers a home with a street presence. Additionally, to do so would leave her with little rear yard area and without an3' option for the placement of a cabana on.site. Motion: Upon motion of Commissioner Patrick, Seconded by Commissioner Roupe; the Public Hearing for. Agenda Item No. 1. was closed at 8:25 p.m. (5-0-2; Commissioners Bernaid and Jackman were absent) Commissioner Barry said that she was not ready to approve this application this evening, as she does not feel it fits with the rural character of Sobey Road. There is still the chance to preserve the semi- rural atmosphere. Said that the mass and bulk issues raised are relevant and that she has concerns about drainage issues. .. Commissioner Roupe stated his shared concern. Said that this is a large house that cascades down the slope. The high ceiling in the study accentuates the mass and bulk. Commissioner Kurasch said that the proposal is not outlandish and is kind of a trend. the house might be a bit ambitious for its lot: .. Suggested that Commissioner Patrick reiterated concern about impervious coverage. Added that the house is not compatible with the neighborhood. Said that the siting of the house seems logical but that the mass and bulk are a problem. This is simply too big a house and she cannot support it. " Chairman Page stated that he concurred with the other Commissioners' concerns. He listed a concern with the architectural style of the house. Since this part of Sobey Road is more rustic, wood siding might be more compatible. While much of the house may-.not be visible from the street, from the neighboring homes, this structure will be highly visible. Commissioner Roupe stated that it appears this application would not be approved if put to a vote this evening. Suggested a continuance to allow the applicant the opportunity to reconsider several things. Suggested changes include reducing the amount of impervious surfaces on the site as well as the mass and bulk of the structure (specifically the three-story appearance caused by the high ceiling of the study) and possibly repositioning the structure on.the lot. - -- Chairman Page advised that should the application not be approved this evening, the applicant can appeal to Council. An alternative is a continuance to allow some redesign, which can be brought back to the Commission at a future meeting. Commissioner Kurasch questioned whether the Commission was in agreement that the architectural style was inappropriate. Commissioner Roupe cautioned that the Commission shoUld not stand too hard on thai issue. The main issues appear to be the mass and bulk and the cascade effect of this current design. Saratoga Planning Commissk .vlinutes of January 24, 2001 Page 6 Chairman Page suggested the' addition of some stone and a different roof color. Commissioner Barry stated her preference for a wood-sided home at this location. Added that since not all seven Commissioners are here tonight, other views may be forthcoming. Said that this house will have a presence and should be more compatible with the area. Everyone will have to try to be reasonable. Motion: Upon motion of Commissioner Patrick, seconded by Commissioner Barry, the Commission continued DR-00-036 & UP-00-018 to its meeting of March 14, 2001:' (5-0-2; Commissioner Bernald and Jackman were absent) PUBLIC HEARING - ITEM NO. 2 . DR-00-052 (397-07-018) - MAESUMI, 15171 Maude Avenue: Request for Design Review approval to demolish an existing single-story residence and two accessory structures totaling 3,100 square feet and construct a new 5,235 square foot single-story residence with 2,486 square foot basement. Maximum height of the structure is 24 feet tall, located on a 33,105 square foot parcel within an R-1- 40,000 zoning district. Mr. Mark Connolly, Planner, presented the staff report as follows: · Advised that this application seeks approval for the demolition of three existing structures totaling 3,100 square feet and the construction of a 5,235 square foot, single-story residence with a 2,486 square foot basement. The maximum height would be 24 feet. The zoning is R-1-40,000 and the lot is 33,105 square feet. This project meets all minimum requirements and is actually two feet lower than the maximum allowable. Staff is recommending approval. Commissioner Patrick pointed out two light wells that appear larger than the allowable 36 inches. Mr. Mark Connolly advised that the applicant would modify the size of the light wells on their construction plans. Commissioner Barry asked if a color board is available. Mr. Mark Connolly replied yes and distributed the color board to the Commissioners. Chairman Page asked if the new construction hours would be imposed on this project, from 7:30 a.m. to 6:30 p.m. weekdays with no weekend construction permitted. Mr. Mark Connolly advised that those hours would be imposed. Chairman Page inquired why a new fire hydrant is required, as it appears that there is an existing fire hydrant in close proximity. Mark Connolly advised that the applicant had the option to install the fire hydrant or install fire sprinklers throughout the new home. Chairman Page opened Public Hearing No. 2 at 8:45 p.m. THIs PAGE HAS BEEN INTENTIONALLY LEFT BLANK 00002;?, FROM : RICK ZEA REMAX GS BAY FAX NO. : 1408 255 ~627 Feb. 23 2001 03:5qPM P2 February 7, 2881 Ms. Grace Sanfilippo 117 El Portal Los Gatos, CA 95832 Dear Grace, This letter is to follow up on our conversation after the planning commission meeting on January 24th. We do not wish to oppose your project and are looking forward to welcoming you to the neighborhood when you move in. However, our concern is the towering effect the proposed home will · have over our backyard. The proposed plan has the footprint of the home starting on the slope with it cascading down the hill thus giving it the appearance of a three Story home from ourbackyard. Our only request is .that you bulld Your home. as a true two story home to help minimize the mass and scale of your project. This woUld require you 'to begin the home about 28 - 25 feet further back on the lot; Although,. the impact on us will still be gre{lt, we are not objecting to the setbacks,-size, tree's or style of your home. We feel that this would be a fair comprOmise. In'conclusion, you wili.stilI .be able to build your home, pool, spa and cabana but will lesson the impact and privacy issue the three level home would impose. If you feel that you would be agreeable to this minor change in the footprint, then we would, be happy to support your project.. ... Thank you.. Regards, Tim McNeil & Jennifer McNeil cc: City of Saratoga 0000;88 David and Linda Scott 14269 Quito Road Saratoga, CA 95070 March 8, 2001 City of Saratoga Community Development Department 13777 Fruitvale, Avenue Saratoga, CA 95070 F E 13 0 $ 2001 C]T¥ OF S.4JL~'I"OGA COI~IMUNITY ENVIRONMENT Subject: DR-00-036 (397-05-091) Sanfilippo Developmenton Sobey Road Dear Members of the Planning Commission, TMs is an update to our previous letter. We own the lot adjacent and to the east of the proposed development by Ms. Grace Sanfilippo on Sobey Road. We are aware of the minor revisions to the original plan and we are writing again to register our ongoing concerns related to this project. Please enter this letter as part of the official meeting minutes. 1. The scope of the project seems out of character with the neighborhood. The house's mass and proposed architectural style stands in stark contrast to a neighborhood of ranch style, fairly unobtrusive homes. The lot in question is an L-shaped, one acre lot, meaning that it is really two one-half acre lots joined at the angle. The proposed two-story, 6,000 square foot home does not fit well on the current site lot. The proposed home is shoe-homed on one-half and the other half is covered with a pool, hot tub, terrace, out building and a lot of concrete (all 'impermeable fixtures). Such a project will create a monster home because of the shape and slope of the lot in question. 2. A smaller house, limited to two levels and relocated to the lot's lower portion, would be a better fit and less intrusive to the existing neighbors. Looking at the plans dated July 25, 2000, and taking into account the minimal changes of thc revised plan, it appears that because of the slope of thc lot this is still really a three level house and 26 feet above grade. The problem is that the lot has a considerable slope to it; the front of this lot is already at the same level as the roof of our two-story house. The proposed new structure will add yet another 24 feet, creating a house that would loom over thc neighbors and dramatically affect privacy indoors and out. Our back yard and the main living areas of our home (and our neighbors) - including living room, kitchen, dining room and master bedroom all face the lot in question. If thc house was smaller and moved lower on the lot, this issue would be minimized. O000Z4 3. The full length of the lot needs sufficient screened to minimize noise and light-~. Adequate screening (fencing and planting) would be necessary to help block light and noise. The proposed driveway is planned to nm the length of McNeil's and a considerable portion of our yard - both of us have our master bedrooms facing the location of the proposed driveway. In addition, the garage and its turnaround area would be located next to both of our properties and bedrooms. Yard lights, headlights and noise from cars going up and down the driveway is a potential problem. We would therefore like to see sufficient .screening, including appropriate fencing and mature trees made part of any approved plan. 4. Water drainage issues must be addressed Looking at the proposed plans, it seems that a large portion of the lot will be covered with either the house or some other impermeable structure. If not handled properly, water that would normally drain from our back yard will-back up onto our property and perhaps damage existing. in?rovements. Right now, there is a large storm drain on the Sanfilippo lot at its lowest point near our fence that the prior owners have filled and buffed. It needs to be excavated and opened prior to any development. We do not want to stop the property's development, but we do want to ensure that, once completed, it .fits into the existing neighborhood and does not adversely impact the existing neighbors' enjoyment and use of their properties. Sincerely, David and Linda Scott CC: Mr. and Mrs. Tim McNeil Mr." and Mrs. Paul Heath Camargo and'Associates 0000 5 DATE: PLACE: TYPE: MINUTES SARATOGA PLANNING COMMISSION Wednesday, March 14( 2001 Council Chambers/Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA Regular Meeting Chair Page called the meeting to order at 7:32 p.m. ROLL CALL Present: Absent: Staff: Commissioners B'arry, Bernald, Jackman, Kurasch, Patrick and Acting Chair RoUpe Chair Page Interim Director Irwin Kaplan and Planner Mark Connolly PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES - Regular Meeting of February 28, 2001. Motion: Upon motion of Commissioner Patrick, seconded by Commissioner Bernald, the Regular Planning Commission minutes of February 25, 2001, were approved with the following amendments: · Page 5 - Questioned. the reasoning for Condition of Approval 30A as it pertains to street ada. dress.2ng addresses being placed in view .... * Page 9 - Modifications and/or additions to the Conditions of ApprovaifOrXD- 00-006 included as part of the rnotion for approval: '· Require additional landscaping to the satisfaction 9f :staff, including landscaping in the rear yard; and · That the last paragraph in the Harvey Report should be directly quoted in the Conditions of Approval. · Page 11 ,-Upon motion of Commissioner Kuraseh Barry ... · Page 16 - Suggested deepening the garage instead. However~ if they enlarged the garage~ the house would be above the allowable FAR. Said ~that necessary storage... Page 18 - Commissioner Bernald reported on the pOssible improper removal of a eucalyptus tree. -. as she was absent from .this (5-0-1-1; Commissioner Jackman abstained meeting and Chair Page was absent.) ORAL COMMUNICATIONS There were no oral communications. REPORT OF POSTING AGENDA ' ' ' ~ Mr. Mark COnnolly, Planner, announced that, pursuant to Government Code 54954.'2, the agenda for Jthis meeting Was properly posted on'March 9, 2001.' ' ' Saratoga Planning Commiss~ Minutes of March 14, 2001 : Page 2 TECHNICAL CORRECTIONS TO PACKET Interim Director Irwin Kaplan, provided the following technical corrections to the packet: · 'Advised that Agenda Items 2 and 3 will be 'continued to the March 28, 2001, Planning Commission Meeting. CONSENT CALENDAR There are no Consent Calendar Items. I PUBLIC HEARIN~G - ITEM NO____:. 1 ' DR-00-036 (397-05-091) - SAN FILIPPO~ Sobey Road: Request for Design Review approval' to construct a new two-story residence on a 43,042 square foot parcel, and Use Permit approval to allow · an accessory structure t~ be located within the rear yard setback. Maximum height -of the structure is. 26 feet tall and is located within an R-I-40,000 zoning district. ' Commissioner Bemald recused herself as her home is located within 300 feet of this project site. She left the dais to sit in the audience. · 'Mr. Mark connolly, Plannerl presented the staff report as follows.'- - · Advised that this project was continued from the January 24, 2001, Planning Commission meeting. Commissioner Barry asked whether the structure's'square footage in now larger than the proposal revieWed by the commission on JanUary 24th. Mr. Mark Connolly replied that the structure's square footage has not changed sinc~ January 24th. Acting Chair Roupe opened the Public Hearing No. 1 at 7:48 p.m. MS. Grace San Filippo, Project Site Property Owner, Sobey Road: · ' Introduced her team including architect, landscape architect and attorney. Mr. Rick Zea, 4616 Venice Way, San Jose, CA 95129i · Acknowledged that the Commission stated several objections at the last meeting. o. ~!nformed that.they have addressedthe concems through changes and redesign. · Added that the project meets City guidelines and rules. . · Admitted that they had made calculation errors in the total amount of impervious c°verage originally depicted on the landscape plan. · Said that they have since reduced the impervious coverage to 32%'by reducing hardscape areas and/or utilizing pervious materials. · Another concern was the mass and bulk of the structure. To counter that concern, they have "'lowered the height of the study portion of the home by two feet, added wood elements to the structure as well as corbels. Additionally, decorative stone will be use. Advised that, while the Commission had objected to what.they considered "orange" tile roofing material,, they have brought samples this evening to clearly demonstrate that the roofing material is brown. Saratoga Planning Commiss~ Minutes of M _arch 14, 2001 Page 3 Said that another concern raised by the Commission was the need to reflect the character of the neighborhood. Advised that-there is no coherent theme or design standard on Sobey. The homes 'in the area. reflect diversity in architectural styles. Added that they actually have captured the flavor of the vineyard currently being installed on property across the street fi.om their project site. 'Said that they have honored the desire for an unobtrusive structure. Showed slides of the surrounding homes, including slides which feature the project site with story 'poles in place for this proposed structure. Another slide showed a perspective of the planned Distributed stOne samples for use on the retaining wall as well as on the colunms for the arbor. . Informed that the study portion of the new home Will actually be hidden by the natural berm 0n the prOperty. Said that an electric gate will secure the garage area at the side rear while guests will pull up at the front of the house: Advised that a great deal of time and effort have been spent to design and to reflect the concerns of 'the Planning Commi'sSion.: ' .. Said that members of the design team are available for any questions. Commissioner Kurasch questioned what has been done to address the Commission's concerns about bulk and mass. Also mentioned the 10-foot drop' in.grade fi.om the street to the proposed house and asked. What the drop is from the.street to the second story, elements. .Mr. Maurice Camargo, 3953 Yolo Drive, San Jose, CA 95136: · ~ Advised that they have veneeredthe structure with stone. The roofline for the study portion of the home was lowered by two feet. This section is set back fi.om the entry and living room space. · They also added-wood corbels and used articulation of textures.and materials, .including stone, on the chimney elements. · Informed that the house is split level. There is a nine-foot plate height at the tt~p of apprOximately 5.5 feet. There is a slope in the land fi.om east'to west. .- Commissioner Jackman asked when the story poles went up and wondered why the Commissioners were not notified that they had been installed. Mr. Mark. Connolly advised that he only discovered that they had been installed on the day of the site visit. . .. Mr. Maurice Camargo-replied that the story poles were installed on Tuesday morning '(March 13th) and that. they had brought pictures this evening .in .the event: that the Commissioners had not had the. opportunity to see the story poles in person. " Commissioner Patrick asked .how. the .coverage was reduced fi.om Plan. A to Plan, B. appears that the paths and driveways are mostly the same as before. Said "thai it Mr.. Michael Rosenberg, 878 Valencia Schoolhouse Road, Aptos, .CA 95003: · Said that portions of the driveway have been removed .for gravel, paving off of the dining area has · ~-been removed and paving around the pool area diminished with planting areas being cut into the impervious coverage around the pool. Saratoga Planning Commissil Minutes of March 14, 2001 Page 4. Mr. Zimmerman: · Advised that several hundred square feet of impervious coverage have been cut out and replaced. with permeable material. That is why the drawings still look similar: Commissioner Patrick pointed out that there was 12, 726 square feet of impervious-coverage in the original plan. Commissioner Barry reminded the applicants' that the Commission had requested a maximum of' 30 percent in impervious coverage at the last meeting: Mr. Rick Zea: ' · Stated that they did reduce as requested.. · Added that the original plan was~actually over 35 percent due to calculation errors. · - Promised to find ways t° reduce even further as a Condition of Approval. · 'Said that they'have'alreadY achieved a 32 percent leVel. '~ Mr. Tim McNeil, 18450 SobeyRoadi'Saratoga: · · · · Said that he did not agree with the depiction of the impact on his home. Added that the new submittal has made little effort to 'meet the requests of the Commission. Said that 'this home cascades down the slope and has excessive bulk and mass. Stated that while the actual square footage of.the second story is very small, the massing is bigger to accommodate that space .... · · Said that the impact of this proposed structure is too great on' the neighborsl Commissioner :Kurasch. asked Mr. McNeil 'if he felt the design home .was in character with the neighborhood. " .Mr. Tim McNeil replied that he was not. objecting.to the architectural design. Filippo. He is only objecting to the cascading effect. That is up to Ms. San Mr. David Scott, 14269 Quito Road, Saratoga: · Advised that he lives next door to the McNei'is and has two Objections. The extent of the impervious surfaces and the need it creates for the storm drain on site to be upgraded as well 'as the . massing of the structure, .which will tower over and affect his privacy greatly.. Mr. Frank Garcia, 4691 Albany Circle, San Jose: · Stated that there is some misunderstanding and that this. house does not reflect mass. Mr. Nick Livak, Attomey, 981 Fremont, Santa Clara: · Stated that the letter prepared by Mr. Camargo answers issues, including the two-story feature.and drainage issues. _ .. _. ' ' Motion: Upon motion of Commissioner Patrick~ seconded by Commissioner Barry, the Commission closed Public Hearing No. 1 at 8:29 p.m. (5-0-1-1; Chair Page was' .: absent and Commissioner Bernald abstained),~ .. Saratoga Planning Conuniss~: Minutes of March 14, 2001 Page 5 Commissioner Jackman expressed disappointment that the plans appear the same as before. There is much house for the shape of the lot. The proposal is for a 5,841 square foot house when 5,844 is maximum allowable. This property is an irregularly shaped lot with neighbors on five sides, This is way too much for the lot. The architectural style of the house is great but not on this lot. It is too imposing on this lot. Commissioner Patrick concurred and suggested that the house either needs to be smaller or reset on the' lot. There is too much coverage with 14,000 square feet of coverage which will result in drainage into the watershed, Advised that she cannot approve this project asit is prop6sed. Commissioner Barry stated that .she is pleased with the added wood and stone and that the roof has been lowered by two feet. However, she agreed with fellow Commissioners with what is missing in the proposal. There are specific peculiarities of lot and impact on neighbors, which present a major problem. Stated that the storm drain issue has been covered with the Conditions of Approval. The applicants are attempting to maximize the use of the lot but they can't dueto the shape of the lot. Commissioner Kurasch concurred with Commissioner Barry. Said that the house is not in conteXt with its location' on the lot. Said that a senSitive use of-the property could have stunning results. Said this current configuration has negative impacts on neighboring properties and that there are alternatives available. Suggested a reduction in lot coverage. Acting Chair Roupe stated that he.shares similar concems. Said that the applicants have reduced the. height and added materials to the structure. Added that the architectural style is compatible with the neighborhood but the extent of imperious coverage-raises concern. The greatest concern is the structure comes down the hitl, more evident from the McNeil property.than from the street. The use of impervious coverage has been reduced but needs further reduction. Asked what options are available to the Commission. '- - .. Commissioner Barry riplied that there are two options, another continuance or denial with a stipulation without prejudice. Commissioner Patrick said if the applicant wants a vote, the Commission should iust deny the proposal outright. . I ~ommissioner Kurasch said that she would prefer a denial without prejudice as it gives the applicant. the most flexibility. Commissioner Jackman stated that the project, would require a major redesign to obtain approval so' she stated her support fo~: denial without prejudice. · Acting Chair Roupe agreed .to support, denial without prejudice... Added that the applicant can appeal the denial to Council if filed within 15 days. There is no fee involved. The second alternative is. a continuance to allow for a substantial redesign including a change in the footprint. Motion: Upon motion of Commissioner Barry, seconded by Commissioner Jackinan, thd Commission reopened the Public Hearing: at. 8:42 p.m. to allow the applicant to chose one of the two options, denial or continuance. (5-0-1-1; Chair page was ,. absent and Commissioner Bernald abstained). -'OfM~~~.' aratoga Planning Commissi_, .vlinutes of March 14, 2001 . _Pag.__~e_6 / · r. Nick Livak, Attorney for the Applicant, advised that Ms. San Filippo would prefer a denial"~ ~ without ·prejudice. · Motion: Upon'motion of Commissioner Patrick, seconded by Commissioner Jackman, the ~Commission again closed the Public Hearing at 8:43 p.m. (5-0-1-1; Chair Page :. was absent and Commissioner Bernald abstained) Motion: Upon motion of Commissioner Jackman, seconded by Commissioner Barry, the ~ Commission denied DR-00-036, without prejudice. ' (5-0-1-1; Chair Page was absent and Commissioner Bernald abstained) Commissioner Kurasch asked whether a vot~needed to be taken on the Use Permit application. Interim Director Irwin Kaplan replied that the Use Permit. application was moot due to the Commission's denial of the Design Review application. · - . , - Commissioner Bemald retumed to the dais upon conclusion of Public Heating No. 1. PUBLIC HEARING - ITEM NO.~2 DR-00-054 & V-01-002 (517-14-087) - MARTIN/ROSE, Kittridge Road: Request for Design · Review approval to construct a new 7,340 square foot two-story residence on a 346,173 square foot vacant parcel. The Variance is necessary for retaining ,walls to exceed five feet in height and possibly closer than 10 feet for parallel walls. The Variance is also necessary to exceed 151000 square feet of impe~5ous surface due to a long drivewa_~--~_~_..Maximum height of the structure is 26 feet tall, located within a Hillside Residential zoning distric .t7a-~ Acting Chair Roupe opened the Public Hearing for Agenda Item No. 2 at 8:46 p.m. Mr. I.M. Farrar,~ 20860 Kittridge Road; Saratoga: · · Advised that Kittridge Road is a private road for which repair and maintenance is the responsibility .. . of the residents of that road.- . · Expressed concern aboUt a high level,of construction traffic on the road and the potential for 'damage to the road. · Asked that either the City or .Builder assume responsibility for repair of the road caused by this project's construction. Commissioner Jackman encouraged Mr. Farrar to pUt his. request 'in letter form for inclusion in the next staff report. Mr. I,M. Earrar agreed to do so. ~ -- --' ---' ~ -' Motion: Upon motion of Commissioner Patrick, seconded by Commissioner Barry, the Commission continued consideration of DR-00-054 & V-01-002 to the Planning Commission meeting of March 28, 2001. (6-0-1; Chair Page was absent) fence must be rel~ tree #37 may be exposed to at least minor root damage ifa new fence is not immediately reconstructed after demolition of this existing fence. Also, tree //37 must not be exposed to any risk during reco~on of the fence, how~vex minimal. Trees # 1 and # 2 ~re located in the public right-of-way. How~-w,r ~hc canopy of tree #2, an Exceptional 49-inch diameter DBH coast live oak (Q'uercus agr~olia), extends onto this property by approximately 35 feet. The root zone in all likelihood extends outside the canopy perimeter by an additional 40 feet. The Grading Plan proposes to. change contours 112, 114, and 118 inside the perimeter of the canopy.' This would adversely affect as much as 40°/6 of thc root zone. Bear in mind that matme specimens such as this one is more sensitive and much less tolerant to changes in its environment than young specimens of the same species. Even 20%.root dnmnge in the root zone of this tree would be significant, probably severel The open space on the south, east and west sides of this ~ has been disced to control annual weeds. Because of this, the majority of the absorbing roots.have been destroyed to a depth of 4-6 inches in the area of more than 50°,4 of the root zone. As a result, tree #2 is considered to be in a stressed condition and must not be subjected to any additional root damage from grading, from trenching for landscape irrigation,, from a dense landscape planting, from trenching for utilities, or from excavations for any purpose. Temporarily, this can be addressed by providing 3-inches of mulch and supplemental irrigation. Tree #2 is one of a hand full of unusually fine large mature coast live oaks in this area. The fo!lowing.mitigation sugg~tions are intended to reduce the extent of construction damage to acceptable levels, so that retained trees can reasonably be assured Of survival without decline. These suggestions are based on the construction plans provided. If any changes to these plans oecor during construction, the following may require alteration. Temporary. consm~on fencing must be provided and located as noted on the attached map, Fencing must be. of chainlink a minimum height of 5 feet, mounted on steel posts driven 18-inches into the ground. Fencing must be in place prior to the arrival of any other materials or equipment and must remain in place until all construction is completed and given final approval. The protective fencing must not be temporarily moved during, construction. Fencing must be located exactly as shown on the attached map. I suggest that pcrmi~ion be obtained from the neighbor at 18470 Sobey Road to provide a protective fence adjaccnt to the curb of Sobey Road as noted on the attached map. I suggest that the grading plan be revised so that no grading would occur within the following distances from trunks oft~es noted: Tree #1 18 feet Tree #2 35 feet Trees #15-17 15 feet Tree #27 18 feet ANALYSIS OF POTENTIAL C LICT BKTWKEN TREE PRESERVATION AND C AT THE SAN ~ SITE. SOBET ROAD, SARATOGA ffthe plans must be revised to ~hieve to these clearances, the plan must be revised. 3.. I suggest that the drain proposed on the north side of trees #15, 16 and #33 -36 be relocated a minimum of 15 f~ from the trunks of any of these trees. 4. I suggest that the landscape plan and the landscape imgation plan be reviewed by the · City Arborist for the prot(~on of trees g. 1, 2, 27, 15-17, and #33-36. 5. Trenches for any utilities (gas, electricity, water, phone, TV cable, etc.) must be located outside the driplines of retained trees, unless specifically indicated on the enclosed plan. For any tree where this cannot be achieved, I suggest a project arborist be. retained to determine acceptable .locations. A 2-foot section of each txench adjacent to any tree must ig left exposed for inspections by the city arborisL 6. Supplemental irrigation must be provided fOr Trees # 1 and 2 during the dry months (any month receiving less than l inch of rainfall) starting immediately. Irrigate with .~-10 ga/ions for each inch of trunk diameter every tv, x) weeks throughout the construction period. I suggest that the wall on the south boundary be constructed on a pier and on-grade beam.design and that th~ piers be located between the trunks of existing trees at'a minimum distance ofg feet from the trunk of any of the trees adjacent to the south boundary. In the event that piers must be dug during the wet season of the year, such that tires of an auger rig would create ruts of any depth, the hole must be dug by hand. The bottom of the span sections of the wall must be constructed on top of the existing grade or above. Excavated soil may not be piled or dumped (even temporarily) under the canopies of trees. Loose. soil must not be allowed to si/de down slope to cover the root collars of . retained trees. #this occurs, the soil must be excavated by hand to the original grade and may require a retaining wall (dried laid stones, such as cobbles or rip rap set without a footing) to prevent further soil encroachment. Landscape irrigation trenches, which cross a root zone, and/or excavations for any other landscape features must be no closer to a tnmk than 1 $ times the trunk diameter from tree trunks. However, ~eli~! trenches may be made ifthe trenches reach no closer than 5 times the trunk diameter to any tree's trunk, if the spokes of such a design are no closer than 10 feet apart at the perimeter oftbe c, anoI~. 10. Lawn or other plants that require frequent irrigation must be limited to a maximum · .. of 20% ofthe entire root zone and a minimum distance of seven times the trunk diameter from the trunk of oak trees. O000: B ANALySIs OF POTENTIAL ~ .~ICT BETWF~ TREE PRESI~VATION AND ¢ AT TH~ SAN FILIPPO SITE, ~Y ROAD, S~ATOGA · at~mo~ 6 Bender board or similar edging material must not be used inside tl~ canopies of existing trees, because its installation requires t~nching of 4-6 inches, which may result in significant root damage. 12. The species of plants usedwithin thc root zone of an oak tree must be only with compatible plants. A publication about compatible plants can be obtained from the California Oak Foundation, 1212 Broadway, Suite $10, Oakland 94612. 13. Sprinkler imgation must be designed so ti~ it does not strike .the tnmks of trees. It is strongly suggested that spray irrigation not be allowed to strike beneath the canopies ofoak trees. ' 14. Landscape materials (cobbles, decorative bark, stones, fencing, etc.) must not be directly in contact with the bark ora tree dueto the risk of disease. 15. Any pruning must be done by an ISA certified arbori~ and according to ISA Western Chapter Standards. ¸16. Landscape pathways and other amenities that are constructed under the canopies of · trees must Ix: done' completely on-grade without excavation. Materials or equiprnent must not be stored, stockpiled, dumped, or buried on site. Any excess materials (including mortar, concrete, paint products, etc.) must be removed from site. Value Assessment The value of the trees are addressed according to ISA Standards, Seventh Edition. The plan proposes to remoVe seventeen trees (#3-14 and #28-32), which have a total value of $12,513. This value is equivalent to six 36-inch boxed and eleven 24-inch boxed native specimens. Replacements are suggested. Acceptable native trcc replacements arc: Coast live oak - Quercus agrifolia Valley oak - Quercus lobata Big leaf maple - ,4cer macrophyllum California buckeye -,,tesculus calorornica Coast Redwood- Sequoia sempervirens However, 36-inch boxed specimens and sometimes 24-inch boxed specimens may not be available at the end of a project unless the trees are secured with a grower at the onset of construction. I recommend that it be required that replacement trees be secured within 60 days of the issuance of permits and evidence ofthat be provided to the planning department. AT 'rFIJ: SAPi lrlLIPPO Mi L, SOBL'Y ROAD, SARATOGA Tree #2 has a value of $43,261 and the value of tree #27 is $6,394. The neighboring trees #37 and #38 have valUeS of $10,606 and $34,308 respectively. I suggest a combination bond equal to 30% ofth~ total value ofthe trees #2 and 27 and a bond equal to 10% the value of all of the other trees to assure that adequate protection is provided. Refund of these bonds should be predicated upon installation and maintenance of the fences. Respectfully submi M/chael L. Bench, Associate MLB/sl Enclosures: Tree Data Accumulation Charts Map of Tree locations and Protective' Fencing Tree Protection Before, During and After Consm~cfion Protective Fencing 'Radial Trenching Beneath Tree Canopies ' O ~ (~-~) sm"~s~a ~r~,'~ -oo~ ~" (g-L) C]3U3AOO ~1'I00 .Loou, (S-I,)AV03O (g-I,) aOOM av--Ja (g-I.) 3~Y3glO NMOS0 33~J. (~-~) (~) AJJ~C~d J.HOi3/~A't3N3 ~)N~IV~ NMO~IO NOIJ.Y~IOJ~3~ NMO~I~) ON~NNIH/ (e-c) ON~W a~rz~ (o~-z) g~v~ NO~uaNoo (~-~) (~) HJ.~3H J..33d ~) ~I3.L3n'Yla HGCI m 0,. (g-~) I:Ig. LYM SO=~gN (~-&) gSV'-JS~O kiV'nOO.LC)Okl (g-~) C~U~AO0 b'VTK)O .LOOU (;-~.) OooM a4r'~a (~-~.) ;~sv-Jg;O NMOt;O (g-L) g..LO3gNI HE(] SARATOGA CITY COUNCIL MEETING DATE: May 16, 2001 ORIGINATING DEPT: Administrative Services PREPARED BY://~~ ' I AGENDA ITEM: CITY MANAGER: SUBJECT: Fiscal Years 2001/02 and 2002/03 Draft Budget Presentation RECOMMENDED ACTION(S): Continue the budget study sessions. REPORT SUMMARY: The draft budget for Fiscal Years 2001/02 and 2002/03 was presented to the City Council on May 2, focusing on summary data, highlights, changes, assumptions and revenues. The presentation on Ma>, 16 will concentrate on expenditures. A public hearing wilLbe held on June 6 with final adoption of the budget scheduled for June 6. Attached is the City Manager's budget message. This provides an executive summa_D., of the revenue and expenditure plan for the next two fiscal years, staffing levels, comments on the City's capital program, and highlights of significant plans and accomplishments. FISCAL IMPACTS: None at this time CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): This would delay the budget review timeline, and potentially impact final adoption of the budget by June 6. ALTERNATIVE ACTION(S): None. FOLLOW UP ACTION(S): Staff will return on June 6 to present the fmal budget for adoption. ADVERTISING, NOTICING AND PUBLIC CONTACT: -None for the budget study sessions. The budget public h~arings in June will be appropriately noticed. Al?TACHMENTS: Ci~37 Manager's Budget Message. 13777 FRUITVALE AVENUE · SARATOGA, CALIFORNIA 95070 · (408) 868-1200 '~ ~'~' ~:~' COLqgCIL MEMBERS: Incorporated October 22, 19~ Evan B~er Stan Bogos~an John Meha~ey May l 0, 2001 N;ck Stre,t Ann Waltonsmit~ Honorable Mayor, Members of the Ci~' Council And Citizens of Saratoga I am pleased to present the draft Budget document for the CiB' of Saratoga for the two fiscal vears 2001/02 and 2002/03. The draft Budget makes the most of limited resources to best meet the City Council objectives, operational requirements and expressed communi~, needs. Ihe draft Budget is built upon a conservative set of assumptions for annual revenue ~owth and does not assume that any' potential one-time revenue sources v~411 materialize if not yet committed or guaranteed to the Ci~'. A few service level enhancements have been incorporated in prioriB' areas identified by the City Council. Saratoga continues to support policies and practices intended to maintain the Ci~"s financial integrity, such as contingency appropriations and fund balance reserves. The Ciw of Saratoga operates as a "limited sen'ice" Cie'. Certain public sen:ices such as fire protection, schools and utilities pre-date incorporation and are provided by other'public agencies. Sen'ices provided by the Ci5' effectively utilize and combine a small, dedicated workforce of Cis' employees, with contract sen'ices obtained through numerous public agencies, private firms and indMduals. ECONOMIC CONDITIONS AND OUTLOOK Within a close proximity to many businesses associated with the high technolo~' industD', Saratoga is viewed as a desirable place to live and serves primarily as a residential community to the Silicon Vallev. There is limited commercial or industrial activit3-' occurring vdthin the Ci¢"s boundaries. Due to the communi~,'s residential character, the main measure of the City's economic condition is based on service charges and, to a lesser extent, sales activiB,. Sen'ice charges from development activity have been brisk for the last several years. Recently, sales taxes received primarily from restaurants, retailers and food markets serving the local citizen_r3' have kept pace with the region's economic ~owth. This is primarily due to the recent renovation of the Argonaut Center, one of the major retail outlets in the City, in which two of the Ci~"s top five sales producers are located. 1 a The region's strong economy over the past several years has begun to slow down recently. Assessed valuations of real property has returned to the slower but still strong gro~xh which Saratoga has historically experienced. Property tax apportionments to the City still account for the largest single source of revenue to the City's General Fund. Motor Vehicle License Fees remitted to the City by the State and other local taxes comprise significant portions of the revenue base. These factors, coupled with the fiscal and organizational controls enacted by the City, have placed the Ci~' in a stable risc:al condition, despite the national and regional economic slowdowns. This trend is expected to continue throughout the next two fiscal years. . CITY COUNCIL OBJECTIVES The City Council has identified a number of objectives that have been incorporated in the final Budget document: ~ · Renovation and expansion of the Saratoga Libra_D' · Implementation of an economic revitalization and development program · Options to expand the City's playfieds · Development of a Heritage Orchard Preservation Plan · Improvements and possible expansion of the Civic Center, including the Commu_nity Center and the Senior Center. · Development of Congress Springs Park · Improvements to Saratoga-Sunnyvale Road FINANCIAL SUMMARY In the General Fund, revenues are expected to decrease from $8.6 million this current fiscal year to S8.3 million in Fiscal Year 2001/02. The decrease is due primarily to one-time revenues received in the current year, including the $110,820 from the CLEEP grant for public safety high tech equipment and $96,366 for the Sheriff's' Office refund. Other funds are expected to remain fairly constant throughout the budget cycle, except for one-time revenues from the sale of the Lib:ary bonds in the current fiscal year, and grant revenues in the Streets and Roads Fund from TEA, Measure B, FHWA and Caltrans. Exl:.enditures in the General Fund are projected to decrease from approximately $6.1 million to $6.0 million in Fiscal Year 2001/02. This is due to an increase in operating costs of approximately $300,000, offset by a counterbalancing decrease in capital project costs of about $400,000. The primary increases in operating costs are from the Police Sen'ices program and the Parks and Open Spaces program. In other funds, significant expenditures are recommended for various street projects, most of which are funded from federal and state revenues, for several park development projects, largely funded from the Park Development fund with support from the Ger..eral Fund, and the Saratoga Library. lb Summaries of fund balance projectiOns, revenues, expenditures, operating transfers, and personnel levels are included in the dra~ Budget document, followed by individual budget pages detailing the appropriations on each operating program. Presented below are revenue and expenditure summaries. Revenues Fund General Fund Property Taxes $2,023,695 $2,096,398 Sales Taxes 1,263,528 1,263,500 Other Local Taxes 1,222,900 1,121,000 Franchise Fees 833,280 845,000 Motor Vehicle Fees 1,549,283 1,572,500 Refunds/Reimbursements 581,355 414,193 Interest 450,000 400,000 Other 674.181 556.600 Total General Fund $8,598,222 $8,269,191 Other Operating Funds Streets & Roads Fund 3,916,434 3,552,354 Development Fund 1,867,000 1,616,000 Environmental Fund 552.096 563,613 Recreation Fund 696,000 733,000 Library Development Fund 15,000,000 0 Other Funds 1.675.722 2.018.413 Total Revenues FY 2000/01 FY 2001/02 FY 20002/03 Estimated Proposed Proposed $32,305.474 $16.752.571 $2.570.513 1,263.500 1,121.000 857.000 1,596.100 118.827 400.000 551.100 $8,478,040 1,884,702 1,616.000 579,621 735,000 0 1.979.966 $15.273.329 i C E__xpenditures Fund General Government Public Safety Public Works C->mmunity Development Environmental Services Recreation Sen'ices Communi~, Services Debt Service Library Project Capital Improvements Total Expenditures FY 2000/01 FY 2001/02 FY 20002/03 Estimated Proposed Proposed $2,531,799 $2,989,414 $3,001,774 3,120,050 3,214,062 3,366,174 3,537,672 3,520,416 3,627,257 1,158,929 1,315,612 1,369,227 857,808 969,128 668,351 771,605 834,731 864,387 635,195 682,526 493,827 279,030 873,644 1,023,454 0 1,000,000 15,000,000 3.814.495 19,876.203 O $16,706,583 $34,275,736 $14.414,451 PROGRAM HIGHLIGHTS General Government · The $200,000 contingency is budgeted for both fiscal years, as is the City's practice. · All-Commission dinner is budgeted in the Ciw Council program budget.. · Funding for the legislative consultant is included in the City Manager's 5udget. · ' The purchase of various equipment is recommended in the Equipment Operations budget. · Facilities Maintenance Worker is requested to replace janitorial contract and enhance building maintenance services. · New recreation software for scheduling classes and facilities is programmed in the Management Information Systems budget. Public · SafeD' In the Police Services program, expenditures have been increased over the current contract by 5.5%. This includes the two additional traffic officers previously approved. Sheltering services in the Animal Control program will be performed by the new Animal Control of Silicon Valley JPA. Field services are included in the Integrated Solid Waste. Management budget. Public Works ,, In the Street Maintenance program, the Pavement Management Program is accelerated. ,, Included in the Parks/Open Space program is funding for trail maintenance, the Quarry. Creek wetlands mitigation, and the Heritage Orchard, and an additional Parks Maintenance Worker ld Community Development Advance Planning includes funding for the General Plan advance planning study, and for the reissuance of the Heritage Resources book. · Zoning Administration includes the additional Planner that was previously approved in February to keep pace with development activity. · Inspection Services includes the additional Building Inspector approved in February. Environmental Services · A City-wide clean-up day by Green Valley Disposal is included in the Integrated Waste Management budget, as well as increased costs associated with the Household Hazardous Waste program. This program also includes animal control field services. Recreation Services · Revenues and expenditures in the Recreation Services and Teen Services programs are budgeted at a higher level, because of an anticipated increase in demand for recreation sen'ices. If the demand does not materialize, the expenses will be lower. CommuniB' Support · $15,000 in support to SASCC and the $3,000 for facility maintenance of the Senior Center is included in the Senior Services program, as usual. · HCDA includes the program activities that the City Council recently approved, plus carry-over funding from the previous year for individuals requiring financial assistance to comply with the septic abatement program. · The new Economic Development function is established in a separate program. · Costs associated with the Hakone Gardens Park under the new lease agre.ement have been established in a new program. Debt Service · Bonds for the existing LibraD- will be paid off in Fiscal Year 2001/02. Debt service on the new LibraD' bonds will begin in that same year. Capital Projects New capital projects will be discussed in a separate process, beginning in July after the operating budget is completed. Included in the operating budget is funding for existing capital projects which the City Council has already approved. The major existing projects for Fiscal Year 2001/02 are highlighted below: · Completion of the Quito Road Bridge replacement. · Saratoga-Sunnyvale road enhancements · Park Development projects · Completion of the Vessing Road improvements. · Cox Avenue railroad crossing upgrade · E1 Camino Grande/Monte Vista Drive · Renovation and expansion of the Saratoga Libra~' for up to $14 million in Fiscal. Year 2001/02. I e STAFFING A Park Maintenance Leadworker is requested in the draft Budget to assist in supervising the Park Maintenance staff,, to enhance the appe~xance and safety of City parks and landscape medians. This position will provide for day-to-day supervision of pa/'k maintenance crews and for quality control issues. An additional Facility Maintenance Worker is requested to replace the contract jan::tofial and maintenance services and to better serve the City H.all, Community Center, and Serdor Center facilities. Contract janitorial services have provided widely varying levels of service. This position will also provide the extra staff presence requested by the Senior Center and required by numerous evening meetings in the Civic Center Complex. The Office Specialist in the Human Resources Division, cun'ently at three-fourths time, is requested to increase to full time, due to an increase in the Human Resources workload. At the City Council's direction, two positions that were previously classified as "limited term" have been reclassified to regular positions, leaving two positions remaining in the limited-term classification. These additions and reclassifications bring the total City staffing level to 59.00 regular full-time equivalents (FTE) and 2.0 limited term FTE. The limited-term positions include the Public Safety Officer in the Code Enforcement program, and the Economic Development Coordinator. The limited-term employees receive all benefits of regular employees, but with less long-term job security. It is requested that the Public Safety Officer be granted an extension of the limited-term status for another year term until June 30, 2002. Funding for this position is from the State of California Supplemental Law Enforcement grant. If the grant is discontinued at any time, there would be no funding for the position. The Economic Development Coordinator has a two-year term expiring in May, 2003: ' CAPITAL IMPROVEMENT PROGRAM As discussed above, new capital projects will be discussed in a separate process, beginning in July after the operating budget has been completed. Included in the operating budget is funding. for existing capital projects which the City Council has already approved. FIVE-YEAR REVENUE AND EXPENDITURE PROJECTIONS The Five-Year Revenue and Expenditure Projections will be distributed at the May 16 City Council budget study session. SUMMARY The final Budget document provides programmatic service levels that are within the City's financial means while reserving funds for capital projects, meeting debt service obligations, and: pro,riding adequate reserves and contingency levels. The City's healthy financial condition and If federal and state funding allows for the consideration of a greater financial commitment to the City's Capital Improvement program including the Saratoga Library, and various street and park projects. Program and sen, ice enhancements in the Development Services, Economic Development, Street Maintenance and Parks and Open Space programs are recommended to address the high level of development-related activity, increase recreational and park faciliD' usage, and meet the growing demand for programs. Sincerely, Dave Anderson Ci~' Manager lg SARATOGA CITY COUNCIL MEETING DATE: April 18, 2001 ORIGINATING DEPT: Public Works PREPARED BY: ~ ~A.q,~,~ / AGENDA ITEM: CITY MAN'AGER: ~..~~ -- DEPT HEAD: ~~- ~_ SUBJECT: Proposal for preparation of a Design and En~neering Services for the Saratoga- Sunn,wale Road Improvement Project RECOMMENDED ACTION(S): Approve proposal from Greg G. lng & Associates in the amount ofS226,375 for design and en~neering sen'ices for the Saratoga-Sunn~,ale Road Improvement Project and authorize the Ci~, Manager execute a Professional Sen'ices Agreement for the same. REPORT SUMMARY: Backeround When Highway 85 was completed in 1994, Caltrans pursued relinquishment of Sarfitoga-Sunnyvale Road (old State Route 85) fi'om Highway 9 to Prospect Road (roughly 2.5 miles). A~er len~hy negotiations, the City agreed to accept responsibiliB, for the road including $2 million dollars from the State to perform needed infrastructure improvements. Recently, several Gateway Task Force meetings have been held, with interested residents and business owners, to discuss the future development of the Saratoga-Sunnyvale Road Project (the Gateway Task Force was created in 1996 to develop a Specific Plan for the area). A consensus was reached from the Task Force using the ofi~nal ideas developed in 1996 as a template for the nature and type of improvements for the project (see attached Gateway Specific Plan Implementation Measures). The Task Force decided to move forward separately with the design of the public improvements, while continuing to work with the Community Development Department to complete the businessffesidential design guidelines for the Gateway Specific Plan. Discussion Over the past few months, staffhas been working on the retention of a qualified design consultant for the project. The Ci~' received a total of five design proposals. Three equally qualified firms were chosen and asked to submit cost proposals, which are summarized as follows: Greg Ing and Associates: Mark Thomas & Co., Inc.: A-N West, Inc.: $226,375 $261,132 $521,000 G~eg lng & Associate, who submitted the low cost proposal, has assembled a team which includes De, sign Studio West, a nationally recogrdzed planning and engineering design finn, as well as local en.,qneering firm, Allied Engineering, Inc. It is therefore recommended that Council approve a proposal fi.om Greg G. lng & Associates, who is currently the City's landscape architect for the Congress Springs Park Improvement Project and who are developing the Azule Park Concq~tual Plan, in the amount of $226,375 for design and en~,dneering sen, ices for the Saratoga-Surrayvale Road Improvement Project and authorize the Cit3' Mtx~ager execute a Professional Services Agreement for the same. Design work is scheduled to commence as soon as an agreement is executed and the project will be ready for bid by spring of 2002 with construction commencing soon after. A Gateway Task Force meeting will be scheduled towards the end of the month to inlzoduce the design consultants and to move forward with the public input process for the project. FISCAL IMPACTS: Funding for this work is programmed in the adopted budget in C.I.P. No. 9201, Saratoga-Sunns~'ale Road Improvements, Account No. 4010 (Contract Services). CC,NSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): The proposal would not be approved and the project would not move forward at this time. ALTERNATIVE ACTION(S): None in addition to the above. FO LLOW UP ACTION(S): A professional services agreement will be prepared staff and executed by the City Manager. .&DVERTISING, NOTICING AND PUBLIC CONTACT: Noti~ng additional. 2 of 3 ATTACHMENTS: 1. Cost Proposal for the Saratoga-Sunnyvale Road Improvement Project. 2. Gateway Specific Plan Implementation Measures. 3 of 3 GATEWAY SPECIFIC PLAN TASK FORCE Implementation Measures Traffic Control/Circulation 1. Study the concept of signalizing Seagull Way intersection. Evaluate possible signalization of Kirkmont Drive intersection. 2. Consider reducing the posted speed limit in the Gateway Corridor to 35 miles per hour. 3. Develop plan to locate or relocate bus shelter at appropriate locations along Gateway Corridor. Ensure that bus shelters are accessible to disabled individuals. Roads and Right of Way Improvements Develop a plan to install median islands along length of Gateway Corridor to provide landscaping, reduce vehicle speeds and create safe, logically placed left turn pockets into properties. 2. Maintain adequate in,ess and e~ess to commercial centers via left turn pockets in median islands. o Develop plan to install curb and gutter along length of Gateway Corridor. Consider "chokers' to better control vehicle speed and increase pedestrian safety. Reevaluate street parking plan. Look at "woonerfs" to increase parki~g and reduce vehicle speeds. 4. Develop plan to underground existing utilities in the Gateway Corridor. Continue to under~ound new utilities per current City Code. 5. Develop plan to install distinctive pedestrian crosswalks at Seagull Way, Kirkmont Drive and Prospect Road intersections. 6. Develop a continuous dedicated bike and pedestrian pathways on both sides of the Gateway Corridor. Develop pedestrian trail or other limited public access to Calabasas Creek area directly adjacent to the Gateway Corridor. Consider installing park benches and garbage cans along trail. *This item will need to be reviewed by the Parks and Recreation Commission. o Consider installing a major monument in the median and appropriate entw signage at Prospect Road. Provide landscaping to compliment S.W. comer, such as planting Oaks or Redwoods. Explore water based landscaping as a possibility. 9. Replace existing railroad crossing with smooth surface. Building Design* 1. Encourage commercial, retail and professional office development or redevelopment. 2. Encourage the use of common, natural looking building materials. 3. Promote development and redevelopment that incorporates a traditional small town feel. Ensure that sensitive commercial/professional/retail development occurs in areas adjacent to residential uses by utilizing existing Design Review public hearing process. *Items 1-4 are planning issues, and need to be addressed by the Community Development Director James Walgren. Landscape and Lighting 1. Develop a landscape plan for planting in median strip and along pedestriawbicycle pathway to include appropriate street furniture such as benches and trash receptacles. Develop a plan to locate mature trees on median strip and along street..Right of Way. Trees should be spaced so as to maintain the visibility of businesses along street. Consider permanent, low wattage, decorative white lighting within the tree canopies. 3. Establish street tree program to plant, maintain and replace trees along the Gateway Corridor. Consider the creation of a Landscape district. Develop a plan to install decorative light standards along sidewalk side of corridor to light paths, parking areas and businesses with pathway lighting directed downwards. 5. Focus median landscaping on area immediately north of railroad tracks. o Establish a group of citizens/business and property owners to encourage appropriate landscaping and upgrades on private parcels in the Gateway Corridor. * This item involves planning issues and needs to be addressed by Community Development Director James Walgren. Signs* 1. Develop monument sign program for the Gateway Corridor. Monuments to display street numbers, name of center and, if feasible, the names of businesses. 2. Develop a plan to locate monument sig-ns along the public ROW at shopping center driveways. 3. Develop design, standards, including a Gateway logo, for monument signs. 4. Evaluate and update as necessary,, existing signage and sign pro,ams of each commercial center. 5. Develop special sign regulation for the Gateway Area. 6. Limit but do not prohibit neon and other window signage. *Community Development Director James Walden will address items 1-6. Miscellaneous* 1. Reconcile street number anomalies (i.e. odck'even) along Saratoga-Sunn~wale Road. Consider new shorter street name for Saratoga-Sunnyvale Road to avoid confusion with Saratoga Avenue. *Community-Development Director James Walgren will address items 1 & 2. Gr'e~ G. ln~ &Ass°ci'M l~ndsc~.4~ctmectu~ #2444 1585 The Mmciedz, Suite 201 San Jose, California 95126 408.947.7090 Fax 408.947.7099 May 8, 2001 Mr. John Cherbone Public Works Director City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 RE: Saratoga-Sunnyvale Road Improvement Project, Saratoga, California Dear Mr. Cherbone: In response to your letter dated May 1, 2001 requesting a cost proposal for protressional services. We at Greg G. lng & Associates (GIA) consider it to be an honor'to be chosen as one of the three finalist in the selection process. Enclosed is our cost proposal based upon our proposal dated March 16, 2001. Again, thank you for the opportunity to submit this proposal. Should you have any questions regarding the content of this proposal please do not hesitate to give me a call. We are looking forward to working with you in the near future. Respectfully Submitted, Greg G.,.h/g & Associates L~t~Ydsca~ ~rchi;ect #2066 MAY 8, 2001 SARATOGA-SLqNNYVALE ROAD IMPROVEMEN'I' PROJECT For The Ci~' of Saratoga COST PROPOSAL: (As Related to our Proposal dated March 16, 2001) Based upon a Budget of 2.8 million dollars Description of Professional Services: 1.0 Project Organization and Schedule Kikuchi 20 hrs. x S137.50 InvemoD' and Analysis 2.0 S.."750.00 3.0 2.1 2.2 2.3 2.4 Design 3.1 3.2 3.3 Aerial Photo Mapping Topographical Background research of existing information Visual documentation of the areas Analysis ofadjacem land uses 2.4.1 Meeting w/staffto review, information Kikuchi ' 80 hrs. x S 137.50 Wade 32 hrs. x $125. O0 Topographical Part A Topographical Part B S 11,000.00 S 4.000.00 5 18,000.00 S 15,000.00 Development Develop several conceptual design concepts based upon research. 3.1.1 Meeting w/Staffto review design concepts 3.1.2 Community,' Meeting Kikuchi 80 hrs. x S 137.50 Sll. O00. O0 Wade 40 hrs. x S 125.00 $ 5.000.00 Preliminary Design 3.2. l Character and identi~- studies for the gateways and corridor 3.2.2 Refinement of the conceptual designs into a preliminary, design. 3.2.3 Meeting w/staffto review conceptual preliminaD, plan. 3.2.4 Community meeting Kikuchi 80 hrs. x S 137.50 Wade 40 hrs. x S 125. O0 S 11,000. o0 S 5,000.00 Final Development Plan 3.2.5 3.2.6 3.2.7 Establish the identity, and character of the corridor Further refinement of the preliminary, design into the final design. Meeting wistaffto review final design 3.2.8 3.2.9 Communiw meeting Presentation to CiD' Council Kikuchi 90 hrs. x $137.50 Wade 40 hrs. x $125. O0 $12,375.00 $ 5,000.00 4.0 Construction Documents 4.1 Engineering Plans DSW 706 hrs. x S 85.00 $ 60.000.00 4.2 Landscape Architectural Plans Kikuchi 240 hrs. x S 137.50 Wade 200 hrs. x $125. O0 S 33.000.00 $ 25.000.00 4.3 Bid and Specifications Kikuchi 60 hrs. x $137.50 $ 8.250.00 Total: $226,3 75. O0 5.0 Project Manage~nent/Site Observation,q:ield Staking 6¥ot Included in this ContracO Will be determined after construction documents and specifications are completed. ADDITIONAL SERYqCES: Both oanies, prior to proceeding with work, will perform any additional services beyond the scope of this a~eement and our proposal dated March 16, 2001 only under written approval. Any revisions to the final desi~s after they have been approved will be considered additional services and will be billed on a time and material basis in accordance with the attached hourly rate schedule. PAYMENT SCHEDULE Sen'ices performed will be billed monthly as percentage of work is completed. All invoices are due upon receipt. Upon 14 days after invoice date, the invoice will be considered past due and accrue interest at the rate of 1-1/2% per month or 18% annually. All work will stop after 14 days past due. Direct expenses are in addition to the compensation for professional ser¥ices, and shall include the actual expenditures made by GIA in the interest of the project at a cost plus 30%. Direct expenses include the following: Blueprints, photocopies, CAD plots, postage and shipping, fax and long distance phone calls, film, mileage at .46 mile, traveling expenses, lodging, etc. o Should either party commence any litigation hereto, the prevailing party in such litigation shall be entitled to reasonable attorney's fees and costs as determined by the court of jurisdiction. 4. Limitation of liability is the compensation paid to Greg G. Ing& Associates. 5. ."Landscape architects are licensed by the State of California." TIME FRAME OR SCHEDULE: The estimated time fi.me to complete the landscape design will take appro 'ximately nine to ten (9) to (10) months fi'om the issuances of the design contract. Upon the signing of the contract Greg G. Ing& Associates will determine a specific project timetable at the commencement of the project with city staff. Greg G. Ing& Associates takes no responsibility for the client's time to make decisions upon revieuAng plans submitted for client's approval and direction. Greg G. lng & .&sSociates upon being selected will provide the City of Saratoga with all insurance certificates prior to execution of the contract. This proposal will be honored for 60 days from the date it was prepared after it shall become null and void. Respect~lly submitted. ! /"' Stev~n J. ~uch. Landscape Architect ~2066 Greg G. lng & Associates SCHEDULE OF HOURLY RATES Effective from January 1, thru December 31, 2001 The following rates are applicable professional services to hourly rate contracts, extra work items, and per diem accounts: - Classification Steven J. Kikuchi or Greg G. lng Project Manager Ron Wade Senior Landscape Architect Kathy Strickland Associate Landscape Architect Computer Technician Clerical Hourly Rate $137.50 $125.00 $ 115.00 $ 85.00 $ 65.00 ALI. lED EN;INEERIII;G COMPANY 2001 C. BAR~ RAT~ 8CJ~DC,/[3: A. liOUPJ_y F~!r - OFFIC~ WORK Principal En~ineer/Englneering Hanager Senior Enqineet Land Surveyor Prc~ect Engineer/Survey Coordinator Asslstan~ Engineer Computer/Design Draftsma~ Senior Draftsman Draf:sman HOLiLy FEES - FIELD WOR~ 2-Person Field Party 3-Person Field Party Field Engineer/inspector $i00.00 92.00 83.00 72.00 63.00 60.00 55.00 50.00 190.00 66.00 ReDroductions and other expL~.ses Other Ou:s£de :har~es a~/o: Servi:es Transportation CADD Opera:or GPa Survey Equipment In-House Reprod~ctlo~s 22 x 34 Xerox Vellum 22 x 34 Xerox Bond 22 x 34 Bluelines i1X 17 Xerox Bond !! x 8.~ Xerox Bond Cost . 15% Cost + 10% $0.335 per mile $8/hr. $35.C0 per hour $.00 ea 1.So ea. 1.50 ea. .20 ea. .i0 ea. DMnM G~tz Cone,~tir~ C~v;I EnMnee~ 8uwevc~ & La~l I~nee~e