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11-19-2003 City Council Agenda Packet
CITY OF SARA TOGA CITY COUNCIL SITE VISIT AGENDA TUESDAY, NOVEMBER 18, 2003 3:00 P.M. SITE VISITS WILL BE MADE TO THE FOLLOWING ITEM ON THE NOVEMBER 19, 2003 CITY COUNCIL AGENDA ON NOVEMBER 18, 2003 ROLL CALL REPORT OF POSTING AGENDA AGENDA 14038 Chester Avenue Saratoga, CA 95070 The City Council conducts site yjsits to locations to better understand issues that appear as new items on the City Council agenda. In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this meeting, please contact the City Clerk at (408) 868-1269 or ctclerk@Saratoga.ca.us. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting (28 CFR 35.102-35.104 ADA Title II). Certificate of Posing of Agenda: 1, Cathleen Boyer, City Clerk for the City of Saratoga, declare that the foregoing agenda for the meeting of the City Council of the City of Saratoga was posted on November 14, 2003 at the office of the City of Saratoga, 13777 Fruitvale Ave., Saratoga, CA 95070 and was available for public review at that location. The agenda is also available on the City's website at www.sarato!Za.ca.us vember, 2003 at Saratoga, California. ARCHIVE COPY AGENDA REGULAR MEETING SARATOGA CITY COUNCIL NOVEMBER 19, 2003 CLOSED SESSION- 6:00 P.M. - ADMINISTRATIVE CONFERENCE ROOM, 13777 FRUlTV ALE AVENUE ANNOUNCEMENT OF CLOSED SESSION ITEMS CALL MEETING TO ORDER - 6:00P.M. ANNOUNCEMENT OF CLOSED SESSION ITEMS ADJOURNED TO CLOSED SESSION - 6:00 P.M. Conference with Legal Counsel - Threatened Litigation: Significant exposure to litigation pursuant to Govemment Code section 54956.9(b): (1 potential case) Conference with Legal Counsel- Initiation oflitigation (Gov't Code section 54956.9( c): (3 potential cases). REGULAR MEETING - 7:00 P.M. - CIVIC THEATER/COUNCIL CHAMBERS AT 13777 FRUlTV ALE AVENUE MAYOR'S REPORT ON CLOSED SESSION PLEDGE OF ALLEGIANCE ROLLCALL REPORT OF CITY CLERK ON POSTING OF AGENDA (Pursuant to Gov't. Code 54954.2, the agenda for this meeting was properly posted on November 13, 2003.) COMMUNICATIONS FROM COMMISSIONS & PUBLIC Oral Communications on Non-A!!endized Items Any member of the public will be allowed to address the City Council for up to three (3) minutes on matters not on this agenda. The law generally prohibits the Council from discussing or taking action on such items. However, the Council may instruct staff accordingly regarding Oral Communications under Council Direction to Staff. Communications from Boards and Commissions None Written Communications None Oral Communications - Council Direction to Staff Instruction to Staff regarding actions on current Oral Communications, ANNOUNCEMENTS None CEREMONIAL ITEMS 1. Proclamation - Declaring Week of November 24-30,2003 as National Family Week Recommended action: Present proclamation. SPECIAL PRESENTATIONS 2A. West Valley Clean Water Program - Cheri Donnelly, Program Manager Recommended action: Informational only. 2B. Certificate of Financial Excellence Awarded to the Citizen Oversight Committee by the City Council as Recommended by the Finance Commission Recommended action: Present award certificate. CONSENT CALENDAR The Consent Calendar contains routine items of business. Items in this section will be acted in one motion, unless removed by the Mayor or a Council member. Any member of the public may speak to an item on the Consent Calendar at this time, or request the Mayor remove an item from the Consent Calendar for discussion. Public Speakers are limited to three (3) minutes. 3A Approve Council Meeting Minutes Regular Meeting - October 1, 2003 Recommended action: Approve minutes. 2 3B. Review of Check Register Recommended action: Approve check register. 3C. Fiscal Year Ended June 30, 2003 Comprehensive Annual Financial Report (CAFR) Recommended action: Accept the CAFR. 3D Planning Action Minutes - November 12, 2003 Recommended action: Note and file. 3E. Second Reading of a Zoning Ordinance Amendment - Revisions to Article 15-06- Definitions Recommended action: Grant second reading and adopt ordinance. 3F Second Reading of an Ordinance Regarding Towing and Removal of Boats, Trailers and Inoperative Motor Vehicle from Private and Public Property Recommended action: Grant second reading and adopt ordinance. 3G. Resolution Amending the 2003-04 Operating Budget by Appropriating $5,500 for Improvements to the Saratoga Historical Museum. Recommended action: Adopt resolution. 3H. FY 2003-2004 CDBG CountylCity Contract Recommended action: Adopt resolution authorizing the City Manager to execute a contract with Santa Clara County. PUBLIC HEARINGS (Applicants/Appellants and their representatives have a total often minutes mQXimumfor opening statements. Members of the public may comment on any item for up to three minutes. Applicant/Appellants and their representatives have a total of five minutes maximum for closing statements. Items requested for continuance are subject to Council's approval at the Council meeting) 4. Adoption of an Interim Ordinance Regarding New Personal Service Businesses on the Ground Floor in the Village Recommended action: Accept public testimony regarding the draft Ordinance and adopt the ordinance. 5. The Gateway Design Guidelines Recommended action: Adopt Guidelines. 3 OLD BUSINESS 6. Update on the Progress ofthe Draft Master Plan for the Historic Park Recommended action: Accept report and direct staff accordingly 7. Continued Discussion on City Council Calendar for 2004 Concerning Council/Commission Joint Meetings Recommended action: Accept report and direct staff accordingly 8. Village Ad-Hoc Committee Proposal Recommended action: Accept report and direct staff accordingly 9. Budget Authorization to Settle Claim of Raihara Bano Recommended action: Accept report and direct staff accordingly. NEW BUSINESS 10. Discussion Regarding an Existing Generator Located at 14038 Chester Avenue Recommended action: Accept report; direct staff and advice Mr. Radding of City procedures. 11, Proposal for Animal Control Services from the City of San Jose Recommended action: Accept report and direct staff accordingly. 12. Strategy for Legislative Redistricting Recommended action: Accept report and direct staff accordingly. COMMISSION ASSIGNMENT REPORTS Mayor Streit CitylSchool Ad-Hoc Committee Finance Commission Heritage Preservation Commission Norton Road Fire Access Ad-Hoc Committee Tree Ordinance Ad-Hoc Committee West Valley College Ad-Hoc Committee 4 Vice Mavor Waltonsmith Arts Commission LAFCO AdHoc Committee Parks and Recreation Commission VTA Restroom Ad-Hoc West Valley College Ad-Hoc Committee Councilmember King City/School Ad-Hoc Committee Mt. Winery Ad-Hoc Committee Norton Road Fire Access Ad-Hoc Committee Public Safety Commission Village Ad-Hoc Committee Youth Commission Councilmember Kline Council Policies AD-Hoc Committee Gateway Task Force LAFCO Ad-Hoc Committee Library Commission Mt. Winery Ad-Hoc Committee Tree Ordinance Ad-Hoc Committee Village Ad-Hoc Committee VTA Restroom Ad-Hoc Committee Councilmember Bogosian Council Policies AD-Hoc Committee CITY COUNCIL ITEMS OTHER CITY MANAGER'S REPORT ADJOURNMENT In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this meeting, please contact the City Clerk at (408) 868-1269 or ctclerk@Saratoga.ca.us. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting (28 CFR 35.102-35.104 ADA Title II). 5 Certificate of Posing of Agenda: 1, Cathleen Boyer, City Clerk for the City of Saratoga, declare that the foregoing agenda for the meeting of the City Council of the City of Saratoga was posted on November 14, 2003 at the office of the City of Saratoga, 13777 Fruitvale Ave., Saratoga, CA 95070 and was available for public review at that location. The agenda is also available on the City's website at www.saratova.ca.us Signed this 14th day of November, 2003 at Saratoga, California. Cathleen Boyer, CMC City Clerk CITY OF SARATOGA CITY COUNCIL MEETING CALENDAR 2003-2004 12/3 Regular Meeting 12/9 Special Meeting - Council Reorganization 12/17 Regular Meeting 01/7 Regular Meeting 01/21 Regular Meeting 01/24 Council Retreat 02/4 Regular Meeting 02/18 Regular Meeting 03/3 Regular Meeting 03/17 Regular Meeting 4/7 Regular Meeting 4/21 Regular Meeting 515 Regular Meeting 5/19 Regular Meeting 6/2 Regular Meeting 6/16 Regular Meeting 717 Regular Meeting 7/21 Regular Meeting 6 , , i . . . SARATOGA CITY COUNCIL \ O-.-/'~ MEETING DATE: November 19, 2003 AGENDA ITEM: ORIGINATING DEPT: City Manager's Office CITY MANAGER: PREPARED BY: C~~ DEPTHEAD: Cathleen Bover. City Clerk SUBJECT: Proclamation - Declaring November 24-30, 2003 as "National Family Week" RECOMMENDED ACTION: Read proclamation and present it to Bishop Bret England representing the Saratoga Ministerial Association. REPORT SUMMARY: Attached is a proclamation declaring November 24-30, 2003 as "National Family Week" FISCAL IMPACTS: NIA CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: NIA ALTERNATIVE ACTION: NIA FOLLOW UP ACTION: NIA ADVERTISING, NOTICING AND PUBLIC CONTACT: Posting of the agenda. ATTACHMENTS: Attachment A - Copy of copy of proclamation , CITY OF SARATOGA PROCLAMATION DECLARING THE WEEK OF NOVEMBER 24-30, 2003 "NATIONAL FAMILY WEEK" WHEREAS, American families are the primary source of strength and health for both individuals and communities across the nation; and WHEREAS, it is in the family that America's youth are nurtured and taught the values vital to success and happiness in life: respect for others, honesty, service, hard work, loyalty, love and others; and WHEREAS, the family provides the support necessary for people to pursue their goals; and WHEREAS, the family is the basic strength of any free and orderly society; and WHEREAS, it is appropriate to honor the family unit as essential to the continued well-being of the United States; and WHEREAS, the quality of our community life begins within the homes of individual families; and WHEREAS, it is fitting that official recognition be given to the importance of family loyalties and ties. NOW THEREFORE, THE CITY OF SARATOGA DOES HEREBY proclaim and recognize November 24-30, 2003 as "NATIONAL FAMILY WEEK" and encourages all Saratoga citizens to work to strengthen families in America as individuals and through government and community-based organizations. WITNESS OUR HAND AND THE SEAL OF THE CITY OF SARATOGA on this 19th day of November 2003. Nick Streit, Mayor Saratoga, California , . . . THE CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS œ'-COL)(\-~ OCi 2 j 2003 cØ SARATOGA WARD SARATOGA CALIFORNIA STAKE BISHOP PAUL L. HULME 15222 MONTALVO HEIGHTS COURT SARATOGA, CA 95070 October 21, 2003 The Honorable Nick Streit CITY OF SARATOGA 13777 Fruitvale Avenue Saratoga, CA 95070 RE: National Family Week 2003 Dear Mayor Streit: Attached are photocopies of Saratoga's Proclamations declaring National Family Week and sorne additional information. Again this year the President of the United States has designated November 24-30,2003 as National Family Week. I am writing you so that a 2003 Proclamation can be made up for Saratoga to be presented in a City Council rneeting prior to Thanksgiving. When you get it done, please let me know at which meeting it will be presented, and I will be there to receive it on behalf of the Saratoga Ministerial Association. Saratoga can be proud of its efforts to strengthen families-all families of every kind- by bringing together a dynamic cornmunity network to expend family support and resources and touch lives of every segment of our cornmunity. Thank you kindly. ~ */¿:¿c- Paul L. Hulme PLH/sjc Enclosures cc: The Honorable Ann Waltonsmith, Vice Mayor Stan Bogosian, Council Member Kathleen King, Counci1 Member Norman Kline, Council Member A A~ ALAIN PINEL r.or..1IIUfU._ Paul L. Huhne Chairman/CEO e November 7, 2003 Cathleen Boyer, CMC City Clerk, CITY OF SARATOGA 13777 Fruitvale Avenue Saratoga, CA 95070 RE: FAMILY WEEK PROCLAMATION Dear Ms. Boyer: Thank you for your October 23, 2003 letter. I will be out ofthe country on . November 19,2003, but will have Bishop Bret England, 13896 Yerba Santa Court, Saratoga, CA 95070, substitute for me. His phone number is 408.867.0251. I have also invited all of the ministers of the various denominations in Saratoga to be in attendance. I do not have a response from them, but it would be nice if you had perhaps six or seven originals to present to those ministers who do appear at your City Council Meeting. Thank you kindly for your thoughtful presentation of the "Family Week" proclamation by the City Council. Paul L. Hulme, Bishop PLHjsjc 12772 Saratoga-Sunnyvale Road Saratoga, California 95070 Office 408.741.1111 v.M. 408.741.1174 Ext, 101 Fax 408.741.1019 phulme@apr.com www.apr.<:om . SARATOGA CITY COUNCIL ORIGINATING DEPT: City Manager's Office ~ PREPARED BY: . Qz ~ C~thleenBoyer. City Clerk CITY MANAGER: ?_~ ¿/----Y ~ · MEETING DATE: November 19, 2003 AGENDA ITEM: ~ DEPT HEAD: SUBJECT: Presentation - Cheri Donnelly, West Valley Clean Water Program RECOMMENDED ACTION: Informational only. REPORT SUMMARY: See attachment. FISCAL IMPACTS: N/A · CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: NIA ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: N/A ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: Attachment A - Copy of presentation, · , nov .LC::: U~ uc:::; U..:Jf' ,- ¥ - . OUf History ..-,...--.-:~ ._~:;,:~ }A:r ."..... " " Iflt'* ~-:'. jj" · Created in 1994 · Collaboration of Campbell, Los Gatos, Monte Sereno, Saratoga, and West Valley Sanitation District · West Valley Communities (WVC) are 4 of 15 storm water co-permittees in Santa Clara County e 1. The West Valley communities referred to as WVC, are co-permittees in the Santa C]ara Valley Urban Runoff Program. 2. The SCVURPP Program was organized in response to two water quality regulations: Clean Water Act of 1972 Basin Plan of 1986 - A Water Quality Control Plan for the SF Bay Region 3. SCYURPPP applied for and was granted the first municipal stonnwater pennit in the nation in June 1990 and was recently issued the first 3rd round pennit. This is meaningful because the 15 cities and towns (co-pennittees) which share the Santa Clara NPDES pennit often become a testing ground for new pennit requirements and implementation. . 2 s O~·¡¡" Ì!,>- e F¡!;..' '!#':.J.' U·"" "'-....:.:.: ::> ~ ~ ft"'"'(' ~¡ .~- ,. . 11 ~.,\ '. ¡:.~ ~'u ~_."'.._.! -.- ..., :~.=) ~: >~ èJõ rl"t v.i ~ CD '" ;:¡i; N '" N '" ex) '" ex) ~ ci CD 0 '" ffi ex) ex) CD '" g '" ,..: '" ro ... 0 '" '" ... ~ '" r-- '" ex) r-- ... Q. N ,..: N Ñ C"i ~ ro ~ ~- '" 0 g- CD ~ ci t Q. Q. Q. '" ~ '" 0. 0 R. Q. ~ ex) , 0. 0. 0 0 Q. Q. Q. ex) 0. 0. 0 0 0 Q. Q. Q. ;ft. ;ft. , 0. 0. 0. 0 0 0 Q. ;ft. , 0. 0. 0 ex) '" ;ft. ;ft. , 0. ex) ... ffi ;ft. ;ft. ;ft. , , 0. '" ... ;ft. ;ft. , , ~ ('oj '<I: r-- '" ... ~ ;ft. ;ft. ~ ~ r-- ~ '" CD '" '" ;ft. ;ft. ('oj M 0 N ~ '" ... !Æ ..,¡ <Ó N '" ~ 0 0 ~ ,..: <Ó 0 c: en J: en c: 0 t .9 0 ~ '" OJ ;;:: £1 ro OJ ~ .9 ~ Æ .2:- Q. (9 (f) '" '" '" ;;:: 5 ;;:: U 0> k c: 0 en 2 .9 '" .3 c: ~ 0 lY ~ 8 III :;;: (¡j c: '" c: III III 0. (f) (f) '" 0 lEI H H (f) (f) EI !ill III Nov 12 03 02:03p OUf Purpose ..~~';~'ý..~ . · Comply with State and Federal Regulations · Develop work plans & demonstrate compliance with the NPDES Permit (National Pollutant Discharge Elimination System) · Maximize pollution prevention efforts for all 4 West Valley Communities Most people don't know that all the cities or towns, and the unincorporated areas of the County are stormwater dischargers and therefore required by federal law to have an (NPDES) permit. 1. Each co-permittee must demonstrate compliance with the Permit. 2. Every year each city and town must update their Urban Runoff Management Plan (URMP). 3. Each of the 15 co-permittees must submit an annual work plan in March and an annual report in September. 4. The last two Annual Reports for each of the four communities were in 100% compliance and required no responses or revisions. ,...~ . . . 4 . ~'.I ~-"'" o . e . ~-~" -',. >,:_<-.:,._1 ~"" bJ) Ai", ~ 'II ,. ~I ~1 . . . . ~"í" . ,"~'I :",~;;;';" "'. ' ~<,&,,&,:;,': }~. ~ ~'" _j¡_~V' C/j CU''''' ,I',' :\ :\,L I ~I ~I . . L. ~. ~.., I!~ Vi VJ~ 'L :," .\ o "=~J ~! ,,~ ~ >' =--1 .'6,~¡ \ (:rù! ~j ..~¡ .~. "d ~ ~¡ ~ ~1 ,~ ~¡ ~ f{/j . . "O,'''íh ,;",:,;}::Ji,"; t :> ~"~;~! ~ ~ ~, ~n ~: ~ I/Y; ~1 e e Nov 12 U~ U~:4~p ,...~ . .::.~:~~.f New Permit Requirem~ij~ .'¥,"{,: ,$.,' " New and Redevelopment requirements of the NPDES permit - New Ordinance or Policy by October 15,2003 - significantly affect development project approval and inspection process - prepare for challenges regarding legislative, budget & staffing considerations . 1. The most Significant change is the New and Redevelopment Provision of our NPDES Permit (C3). 2. In your packet you will find a Notice to Developers & Contractors, which summarizes the changes that will be required. 3. As a result of the new permit, the threshold for requiring storm water controls on development projects has been lowered from 5 acres to any project creating or replacing 1 or more acres of impervious surface. (includes roof and pavement area) 4. In 2003 each city or town will need an ordinance or policy that reflects the new regulatory changes for planning approval and inspection processes. Specific impacts of the changes have been discussed with your representative over the past several months. . 18 Nov 12 03 U~:~~p ,...- City of Saratoga . l\ NOtiCE ~i \~ ~0' to Developers & Contractors State of California STORMWATER REGULATION CHANGES This Notice is to inform you of changes to existing Stormwater Quality Regulations NPDES Construction General Permit As a result of recent state regulatory actions, effective immediately, all construction projects disturbing an area of one (1) acre or more are required to comply with: State of California "General National Pollutant Discharge Elimination System (NPDES) Permit for Discharges Associated with Construction Activities# ("Construction General Permit") The size threshold for this permit had previously been 5 acres of disturbed land. Compliance with this permit requires all of the following: · submitting a Notice of Intent (NOI) and annual payment of $700 to: State Water Resources Control Board · preparation of a Storm Water Pollution Prevention Plan (SWPPP) · use of City Approved Best Management Practices (BMPs) to control storm water runoff . quality, · Daily BMP inspection and maintenance by applicant to determine adequacy and maintenance For copies of the Construction General Permit, the NO!, and additional permit information consult the State Water Resources Control Board web site at: httD: / /www.swrcb.ca.oov/stormwtr/construction.html STORMWATER QUALITY REGULAnONS Amended DeveloDment Project BMP Reauirements 1. Beginning on Oct.1S, 2003, Saratoga & 14 other public agencies in the Santa Clara County are required by the San Francisco Regional Water Quality Control Board to place additional conditions of approval related to storm water quality control on certain development projects. These projects consist generally of those creating or replacing one (1) acre or more of impervious surface, including roof area and pavement. 2. Conditions of approval will include the use and maintenance of BMPs for site design and storm water treatment, which must be designed per approved numeric sizing criteria. Owners of properties with treatment BMPs will be required to certify on-going operation and maintenance. 3. Design criteria for BMP: Flow control formula use CASQA - Storm Water BMP Handbook Volume control formula use CASQA - Storm Water BMP Handbook 4. Fill out impervious surface data form . For more information contact: Appendix F.2 2003 . . . . · SARATOGA CITY COUNCIL MEETING DATE: November 19, 2003 Î~ ORIGINATING DEPT: Administrative Services CITY MANAGER: C~ç./ AGENDA ITEM: PREPARED BY: Jesse Baloca DEPTHE~~~___ SUBJECT: Certificate of Financial Excellence Awarded to the Citizen Oversight Committee by the Council as Recommended by the Finance Commission RECOMMENDED ACTION(S): Present award certificate. REPORT SUMMARY: · Attached are certificates for the following COC members: Susan Calderon, Chair; Katie Alexander, Vice Chair; Donald Johnson; Norman Siegler; and Alan King FISCAL IMPACTS: NIA CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): NIA ALTERNATIVE ACTlON(S)/FOLLOW UP ACTION(S): NIA ADVERTISING, NOTICING AND PUBLIC CONTACT: Posting of the agenda. · ATTACHMENTS: Copy of award certificates. City of Saratoga Citizens Oversight Committee for Measure N Is Awarded a Certificate of Financial Excellence By the Saratoga City Council As Recommended by the Finance Commission November 19, 2003 Excerptfrom the COC Charter The Citizens Oversight Committee is charged with ensuring that Measure N funds are used in accordance with the intention ofthe voters.. ...the Committee will ensure the appropriate expenditure of funds. . . .so that the Saratoga Community Library is fully renovated and expanded to better serve the needs of the community. COC Membership Chair Susan Calderon, Vice Chair Katie Alexander Donald Johnson, Norman Siegler, Alan King Statements by the Finance Commission This Certificate of Financial Excellence is awarded to the COC because they exhibited tenacious yet careful and thoughtful Financial Management of the Measure N funds, while guiding the project to an under budget completion. We believe the COC to be a competent and caring group that represented their community with excellence. Mayor, City of Saratoga Chair, Saratoga Finance Commission SARATOGA CITY COUNCIL ORIGINATING DEJ-Ttfity ~anar's Office PREPARED BY: U\~ Cathleen Boyer, City Clerk . AGENDA ITEM: CITY MANAGER: &J ¿:;:::;y ~~ . MEETING DATE: November 19, 2003 DEPT HEAD: SUBJECT: City Council Minutes RECOMMENDED ACTION: Approve minutes. REPORT SUMMARY: Approve minutes as submitted for the following City Council Meeting: Regular meeting - October 1, 2003 . FISCAL IMPACTS: NIA CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: NIA ALTERNATIVE ACTION: NIA FOLLOW UP ACTION: Retain minutes for legislative history. ADVERTISING, NOTICING AND PUBLIC CONTACT: NIA ATTACHMENTS: . Attachment A - Minutes October 1, 2003 MINUTES SARATOGA CITY COUNCIL OCTOBER 1, 2003 . The City Council of the City of Saratoga met in Closed Session, Administrative Conference Room, 13777 Fruitvale Avenue. at 6:00 p.m. Conference with Legal Counsel - Threatened Litigation: Significant exposure to litigation pursuant to Govemment Code section 54956.9(b): (2 potential cases) Conference with Legal Counsel- Consideration of Liability Claims (Gov't Code 54956.95): Claimant: Mark Fenster Agency claimed against: City of Saratoga MAYOR'S REPORT ON CLOSED SESSION -7:00 p.m. Mayor Streit reported there was Council discussion but no action was taken. Mayor Streit called the Regular City Council meeting to order at 7:00 p.m. and lead the Pledge of Allegiance. ROLL CALL PRESENT: Councilmembers Stan Bogosian, Kathleen King, Norman Kline, Vice Mayor Ann Wa1tonsmith, Mayor Nick Streit . ABSENT: None ALSO PRESENT: Dave Anderson, City Manager Lorie Tinfow, Assistant City Manager Jonathan Wittwer, City Attorney Cathleen Boyer, City Clerk Jesse Baloca, Administrative Services Director Tom Sullivan, Community Development Director John Cherbone, Public Works Director REPORT OF CITY CLERK ON POSTING OF AGENDA FOR OCTOBER 1. 2003 Cathleen Boyer, City Clerk, reported that pursuant to Govemment Code Section 54954.2, the agenda for the meeting of October 1, 2003 was properly posted on September 25, 2003. . e e . COMMUNICATIONS FORM COMMISSIONS & PUBLIC ORAL COMMUNICATIONS The following people requested to speak at tonight's meeting: Dr. Ralph Wood noted that his concern was that the proposed Tree Ordinance does not address how close a person can plant near property lines. Dr. Wood suggested that the Council consider adding this to the proposed Tree Ordinance. Herb Radding read a letter to the Council requesting the City's assistance in correcting a problem concerning a large power generator located at 14038 Chester Avenue. Mr. Radding explained his opposition in regards to the City Attorney's ruling about the generator. Mr. Radding noted that he feels the generator violates the City's noise ordinance. COMMUNICATIONS FORM COMMISSIONS None WRITTEN COMMUNICATIONS None COUNCIL DIRECTION TO STAFF Vice Mayor Waltonsmith requested that staff address to Mr. Radding's concerns and report back to Council. Councilmember Bogosian noted that he supported Vice Mayor Waltonsmith's request. Referring to Dr. Wood's concerns, Councilmember Kline requested that when the Tree Ordinance comes back to Council on November 5th, staff address his concerns. Vice Mayor Waltonsmith noted that she supported Councilmember Kline's request. ANNOUNCEMENTS None CEREMONIAL ITEMS lA. PROCLAMATION DECLARING THE WEEK OF OCTOBER 19 -26, 2003 "BUILDING BRIDGES WEEK" STAFF RECOMMENDATION: Present proclamation. 2 Mayor Streit read the proclamation and presented it to Dr. Fred Armstrong representing the Saratoga Rotary. 1B APPOINTMENT AND OATH OF OFFICE FOR ARTS, FINANCE, PARKS e & RECREATION AND PUBLIC SAFETY COMMISSION STAFF RECOMMENDATION: Adopt resolution and administer Oath of Office. TITLE OF RESOLUTION: 03-057 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA APPOINTING ONE MEMBER TO THE ARTS COMMISSION TITLE OF RESOLUTION: 03-058 RESOLUTION OF THE CITY COUNCIL APPOINTING THREE MEMBERS TO THE FINANCE COMMISSION TITLE OF RESOLUTION: 03-059 RESOLUTION OF THE CITY COUNCIL APPOINTING THREE MEMBERS AND REAPPOINTING ONE MEMEBR TO THE PARKS AND RECREATION COMMISSION e TITLE OF RESOLUTION: 03-060 RESOLUTION OF THE CITY COUNCIL APPOINTING ONE MEMBER TO THE PUBLIC SAFETY COMMISSION W ALTONSMITH/KING MOVED TO ADOPT RESOLUTIONS APPOINTING NEW COMMISSIONERS TO THE ARTS, FINANCE, PARKS & RECREATION, AND PUBLIC SAFETY COMMISISONS. MOTION PASSED 5-0. City Clerk Boyer administered the Oath of Office to Geetanjali Arunkumar, Simon Chin, Norman Siegler, William "Bart" Ruebensen, Vita Bruno, Anne Sanquini, Thomas Soukup, and Kenneth Biester. Sandra Dodge was unable to attend tonight's meeting. lC. COMMENDATIONS FOR OUTGOING FINANCE AND PARKS AND RECREATION COMMISSIONERS STAFF RECOMMENDATION: Present commendations. . 3 . Mayor Streit read the commendations and presented them to Emily Garbe, Chuck Swan, and Elaine Clabeaux. CONSENT CALENDAR 2A CITY COUNCIL MINUTES - SEPTEMBER 3, 2003 STAFF RECOMMENDATION: Approve minutes. Councilmember Bogosian requested that item 2A be removed form the Consent Calendar. Councilmember Bogosian requested that on page 6, the following be added to Item 2J, "Councilmember Bogosian requested a role call vote; 5-0 ayes." Councilmember Bogosian requested that on page 8, the following be added to Item 3, "Councilmember Bogosian asked City Attorney if a person receives a misdemeanor citation would it appear on a court record. City Attorney Taylor responded that he did not know but would report back to Council at the next meeting. " . BOGOSIAN/KLINE MOVED TO APPROVE CITY COUNCIL MINUTES OF SEPTEMBER 3. 2003 AS AMENDED. MOTION PASSED 5-0. 2B. REVIEW OF CHECK REGISTER STAFF RECOMMENDATION: Approve check register. Councilmember Bogosian requested that item 2B be removed form the Consent Calendar. Referring to page 1, Councilmember Bogosian requested an explanation of charges form Terri Baron. City Manger Anderson noted that staff would provide Council with a full description of the charges. Consensus of the City Council to continue check register to the next meeting on October 15,2003. 2C. PLANNING ACTION MINUTES - SEPTEMBER 24, 2003 STAFF RECOMMENDATION: Note and file. . WALTONSMITH/KLINE MOVED TO NOTE AND FILE PLANNING ACTION MINUTES FOR JULY 23. 2003. MOTION PASSED 5-0. 4 2D. CLAIM OF MARK FENSTER; CLAIM NO. GL-055079 STAFF RECOMMENDATION: Authorize ABAG to settle the claim. . W ALTONSMITHlKLINE MOVED TO SETTLE THE CLAIM OF MARK FENSTER. MOTION PASSED 5-0. 2E. LETTER OF OPPOSITION TO AB 1160 STAFF RECOMMENDATION: Authorize Mayor to sign letter of opposition. WALTONSMITHlKLINEMOVEDTOAUTHORIZE MAYOR TO SIGN LETTER OF OPPOSITION. MOTION PASSED 5-0. PUBLIC HEARINGS None OLD BUSINESS 3. NORTON ROAD EMERGENCY ACCESS ROAD STAFF RECOMMENDATION: Accept report and direct staff accordingly. . John Cherbone, Public Works Director, presented staff report. Director Cherbone presented a brief background in regards to the Norton Road Emergency Access Road noting that the proposed connection would allow emergency access form Norton Road through Montalvo and ultimately to Piedmont Road. Director Cherbone explained that in June 2001, a meeting was facilitated with Villa Montalvo and interested hillside residents. Villa Montalvo was receptive to the proposal with the caveat that the unimproved Wildcat Road Right-of -Way be improved. Villa Montalvo indicated that they would like to use this right-of-way as a second egress during specific times ofthe year to facilitate their traffic needs. Director Cherbone noted that that in November 200 I staff presented a preliminary feasibility of the two segments was presented to the City Council. The Council found that the lower Wildcat Rright-of- Way segment would be too difficult and expensive to explore further because ofthe presence of heavy vegetation and because of close proximately to seasonal creek, which would require extensive permanent erosion control. The City Council agreed that the upper Norton Road . segment was the most feasible way to facilitate an additional emergency access road and directed staff to continue discussions with Villa Montalvo. 5 e Director Cherbone explained that after the November 2001 meeting staff met with Villa Montalvo's Project Manager for the Artist in Residency Project. Staff went over the benefits of the access road for both residents and Montalvo and assured them that jt would remain closed at all times and used only in the event of an emergency. Director Cherbone noted that after this meeting staff had a fair degree of optimism that Montalvo would continue to explore the issue with the City. Director Cherbone noted that the optimism was short lived. Repeated attempts over the past year by City staff and former Councilmember Evan Baker were unsuccessful in furthering the discussions with Montalvo. Director Cherbone noted that Chief Gordon Duncan, Saratoga Fire Protection District, was present and available to answer any questions. Director Cherbone noted that the issue remains unresolved, Director Cherbone noted that staff was looking for direction and/or assistance form City Council to resolve this issue. Councilmember Kline asked how much value is this access road to the Norton Road residents. Director Cherbone responded that if an emergency happened both Montalvo and residents could use the access road. e In regards to the breakdown of communication between the City and Montalvo, Councilmember Kline asked if perhaps Montalvo was afraid of the cost or potential usage of the access road Director Cherbone pointed out that it was probably a combination of both, although he never really got an answer. Director Cherbone stated that the cost was never mentioned because the City never proposed that Montalvo would be financially responsible for the access road. Directing his questions to Chief Duncan, Councilmember Bogosian asked what he thought of the proposed access road. Chief Gordon Duncan responded that this access road would be in the best interest of emergency vehicles and residents in the event of an emergency. Councilmember King asked ifthere a gate would be installed with a key and secondly who would have the keys, Chief Gordon Duncan responded that he was told that a cable would be installed with a lock on it. The neighbors and Montalvo would have the keys. . Ed Farrell noted that he is a member of the Board of the Saratoga Heights Mutua] Water Company. Mr. Farrell stated that they supply water to 85 homes. Recently their system has been upgraded and now they have Y2 million gallons of water ready in the event of a fire. Mr. Farrell noted that the access road would not solve the problem with the bottleneck on Bohlman Road/Oak Street but it would help. Mr. Farrell urged the Council to develop the access road. 6 Pat O'Laughlin stated that he was on the Board of Trustee at Villa Montalvo. Mr. O'Laughlin noted and they were very interested in meeting with the City and the Fire District. Mr. O'Laughlin noted that they have spent approximately $10 million dollars on the artist's residency. The cottages were as designed to be a sanctuary without public interruptions. Mr. O'LaughIin explained that there are no cars or garages only the use of golf carts. Mr. O'Laughlin noted that they had concerns in regards to an access road turning into a public road. e Vice Mayor Waltonsmith asked ifthe City could mitigate some of their concerns would Villa Montalvo be interested in the road. Mr. O'Laughlin responded that they would have an open mind and added that they would be amenable to compromise on the issue iftheir concerns could be mitigated. Councilmember Kline asked if the road was clearly marked private and gated would Montalvo be willing to cooperate. Mr. O'Laughlin noted that they would be open for discussion. David Dolloff noted that he is the president of the Saratoga Heights Mutual Water Company. Mr. Dolloff noted that this access road is extremely necessary for the homeowners on the hill. Councilmember Bogosian asked Mr. Dolloff if the Water Company would be interested in a watch program to monitor the access road. e Mr. Dolloff responded yes. Beverly Phipps noted that the situation in the hillsides is very dangerous. Mr. Phipps stated that he agrees that the artist cottages should be kept quiet and not disturbed. Mr. Phipps stated that the access road would only be used is in the event of an emergency. Mr. Phipps explained that he sent out 85 notices to hillside residents. Mr. Phipps noted that 30 people responded that they highly supported the project and 2 residents opposed. Mr. Phipps explained that one resident opposed because of the possible costs and the second resident was afraid it would become a public road. Mr. Phipps requested that the Council continue discussions with Montalvo to install the access road. Councilmember King asked in the event of an emergency would Montalvo be held liable. Attorney Wittwer responded that Montalvo would have more liability than the City. e 7 . . . Councilmember Kline noted that Montalvo has legitimate concerns in regards to the access road. CouncÜmember Kline pointed out that the County built the homes in the hillsides, the City and Montalvo is not responsible. Councilmember Kline noted that this is just another issue the City has seen over and over again with the County building and the City not being able to mitigate issues. Councilmember Bogosian stated that he feels Montalvo's concerns can be addressed. Councilmember Bogosian suggested that the City continue discussions with Montalvo. Mayor Streit noted that he supports continuing discussions with Montalvo, but if there is no cooperation on their part, the Council needs to look at next steps. Councilmember Kline noted that a short time frame should be given to Montalvo to work with the City. Mayor Streit suggested 90 days. Consensus of the City Council to direct staff and the Norton Road Ad Hoc Committee to continue discussions with Montalvo with a 90 day deadline. 4. SILICON V ALLEY ANIMAL CONTROL AUTHORITY (SV ACA) UPDATE STAFF RECOMMENDATION: Accept report and direct staff accordingly. Lorie Tinfow, Assistant City Manager, presented staff report. Assistant City Manager Tinfow briefly explained the history of Silicon Valley Animal Control Authority (SV ACA) noting that due to economic changes some of the members of SV ACA were unable to contribute their portion towards the funds needed for a shelter. In September 2001 Surmyvale and Cupertino withdrew rrom SV ACA and recently Los Gatos notified the members that they were going to explore other options. Assistant City Manager Tinfow discussed SV ACA's investigation on shelter options. SV ACA directed staff to request quotes for long-term shelter services form the Humane Society, the City of Palo Alto and the City of San Jose. None of these agencies were interested. Assistant City Manager Tinfow discussed SV ACA's suggestion of financing the project since all of the cities were not able to contribute a lump sum payment. Assistant City Manager noted that if five cities finance the project over 15 years the City of Saratoga would be responsible for $729,235.47, if Los Gatos withdraws that figure would go to $873,424.43. Assistant City Manager Tinfow stated that in 2002, $710,000 was programmed into the Capitallmprovement Program to cover the City's contribution to the shelter. 8 In conclusion, Assistant City Manager Tinfow explained that Councilmember Bogosian will be asked to vote on the following topics at the next SVACA board meeting: · Approve a financing agreement with MFC for a total of $6 million. · Award a contract for architectural services in an amount commensurate with the scope of work · Enter into a sales agreement for property - $2.6 million . Assistant City Manager Tinfow explained that moving forward with these decisions effectively commits the City to remain with SVACA for the long term. Assistant City Manager Tinfow stated that both Councilmember Bogosian and staff were seeking direction on whether to continue with SV ACA or look for alternatives. Since the City of Surmyvale pulled out of the JP A, Councilmember King asked what they were going to do with their animals. Assistant City Manager Tinfow responded that the City of Surmyvale recently contracted with the City of Palo Alto. Councilmember Kline pointed out that this isjust one more issue the City should raise up to the County level. Councilmember Kline noted that this should be a County level system for efficiency purposes and it should not be every city for its self. Councilmember Kline stated that he feels we will loose a couple more cities in the JP A and then it becomes an unviable situation. This issue needs to be solved from a cost effective level. . Mayor Streit noted he supports the JPA as long as Los Gatos does not withdraw. Mayor Streit stated that the JP A would not be viable ifless than five cities are in it and added that if Los Gatos does pull out of the JPA the City of Saratoga's contribution would go up 25%. Mayor Streit suggested looking at alternatives in case the lP A goes under. Councilmernber Bogosian noted that if Saratoga withdraws from the JPA the Town of Los Gatos would follow and the JPA would be finished. In regards to the property SV ACA is planning on purchasing, Vice Mayor Waltonsmith asked if there was an outdoor area for the animals to exercise in. Assistant City Manager Tinfow responded that the there was no outdoor space for the animals, but the site works in all other ways. Vice Mayor Waltonsmith noted that she supports looking at alternatives. Councilmember Kline noted that he supports the JP A but would like to look at alternatives as a back up plan. . 9 · · · Councilmember King noted that she would like to hear what Councilmember Bogosian's recommendation since he is the City's representative on the JPA. Councilmember Bogosian stated that he would feel uncomfortable if the City's contribution to the shelter went up to $287,559, he would have a hard time justifying that amount. If the City's contribution stayed at $241,755 he thinks it would be a good value. Addressing Vice Mayor Waltonsmith's concerns in regards to the lack of an outdoor space for the animals, Councilmember Bogosian explained that the animals could be taken to the dog park which is close to the shelter and volunteers could take the animals on walks. Councilmember Bogosian noted that if it is the sense of the Council to look at alternatives, staff should be direct to solicit proposals from other cities. Mayor Streit requested that staff arrange a meeting with the officials at the Town of Los Gatos, City Manager Anderson and himself to discuss concerns and alternatives for SV ACA. Mayor Streit noted that in the mean time staff should seek out alternatives and report back to Council on October 15, 2003. Consensus of the City Council to direct staffto look at alternatives for shelter services and return to Council on October 15,2003. NEW BUSINESS 5. RESOLUTION OF INTENT TO CONSIDER AN OVERLAY ZONE TO ALLOW DRIVE THROUGH WINDOWS IN THE CN ZONE BOUNDED BY LAWRENCE EXPRESSWAY AND PROSPECT AVENUE STAFF RECOMMENDATION: Adopt resolution. TITLE OF RESOLUTION: 03-062 RESOLUTION OF THE CITY COUNCIL TO DIRECT THE PLANNING COMMISSION TO STUDY AND REPORT BACK THEIR FINDINGS REGARDING THE CREATION OF AN OVERLAY ZONE THAT WOULD ALLOW DRIVE THROUGH FACILITIES IN THE PARTICULAR AREA OF THE CITY Tom Sullivan, Community Development Director, presented staffreport. Director Sullivan explained that the matter before Council was a Resolution of Intent to amend the Saratoga Code as it related to Drive Through or Pick Up Windows in the CN Zone located adjacent to Prospect Avenue and Lawrence Expressway. Director Sullivan explained that the Resolution of Intent directs the Planning Commission to consider an Overlay Zone, which would allow such drive through windows in this area only. Mayor Streit noted that this is the perfect area of the City to do the overlay to allow pick up windows. Mayor Streit stated that it would not affect the "character" of the City. 10 Director Sullivan noted that this location is on a major arterial and agreed with Mayor Streit that it would not create character problems. . Councilmember Bogosian asked Director Sullivan if this area was a potential area for redevelopment. Director Sullivan responded yes. If this area was redeveloped, Councilmember Bogosian stated that it could bring in potential revenue for the City. Councilmember King asked Director Sullivan to explain the process on how an overlay zone is created. Director Sullivan stated that directing the Planning Commission to start the study is the first step. The Planning Commission would conduct public hearings where the benefits and detractions of such an overlay would be discussed and testimony from the public would be heard. The Planning Commission can move through this process rapidly. Once the Council receives the Commission recommendations the Council would then hold public hearings and decide whether or not to accept the overlay. Vice Mayor Waltonsmith asked ifthe overlay has to be done before Krispy Crème can move forward with their plans. . Director Sullivan responded that they could go forward at the same time but run the risk of being rejected. Vice Mayor Waltonsmith asked ifthey were ok with the time frame. Director Sullivan responded that they were fine with the time frame. Realistically, Councilmember Kline asked what the time frame would be for this type of process. Director Sullivan responded that it could take up to three months to amend a Zoning Ordinance. Gary Hansen noted that he is the Senior Vice President ofVP Commercial. Mr. Hansen noted that he has been a commercial broker in the area for 27 years. In regards to redevelopment in a particle area, the first step would be to have a key anchor that would draw in other attractive tenants. Mr. Hansen noted that currently the top retail development that is categorized in the S&P 500 ranks retail fast food at the top. Mr. Hansen stated that Krispy Cream is number one in the United States. Mr. Hansen stated that Krsipy Cream is the highest retail developer. Mr. Hansen urged the Council to fast track the process to allow the overlay in this area. . 11 . John Machada noted that he was present tonight on behalf of the ownership ofthe West Gate Comer Shopping Center. Mr. Machada explained that he has represented them for over 20 years. Mr. Machada noted that a few months ago Warehouse Records vacated the site and since then the other tenants are suffering. Mr. Machada stated that they feel Krispy Cream would be a great draw to the property and would give them a chance to update the property. Mr. Machada stated that the Krispy Cream proposal they would take the same size building and put it on the comer of Prospect and Lawrence. Mr. Machada stated that they have a number of leases turning over in the next year or so and at that time they would like to upgrade the tenants there. Brad Bruckman noted that he is the area developer of Krispy Cream in Northem California. Mr. Bruckman commented that he was present this evening to express his interest in Saratoga. Mr. Bruckman noted that since 1998 he and his wife have opened all of the stores in Northern California. In Northern California only 24 will be opened. Mr. Bruckman noted that once in a community they help community organizations fund raise. Last year they helped raised $43 million dollars. Mr. Bruckman noted that he understands that Saratoga is a special place and he hopes that the Council would see that Krispy Cream is a special company. In regards to sales tax, tax is only applied to anything consumed on premises. . Diane Zimmerman noted that she was the real estate manager for Krispy Cream. Ms. Zimmerman explained the proposed site plan compared to the existing site. Councilmember Bogosian stated that he would like to see some track records of the other centers where Krispy Creams are located. Councilmember Bogosian noted that one of his concerns is the high school that is located nearby. Councilmember Kline stated that he supports investigating the potential overlay zone. Councilmember Kline noted that the City has to look to private development to help revitalize dilapidated areas. In private developments they want top players that will attract customers, Councilmember Kline noted that a drive through in this area is perfect. Councilmember Kline stated that Saratoga needs this type of business and suggested that the process should be expedited. Councilmember King noted that she fully supports the proposed plan and concurs with Councilmember Kline that the process should be expedited. Mayor Streit and Vice Mayor Waltonsmith both concurred with their fellow Councilmembers. . W ALTOSNMTIH/KLINE MOVED TO ADOPT RESOLUTION TO DIRECT THE PLANNING COMMISSION TO STUDY AND REPORT BACK THEIR FINDINGS REGARDING THE CREATION OF AN OVERLAY ZONE THAT WOULD ALLOW DRIVE THROUGH FACILITIES IN THE PARTICULAR AREA OF THE CITY AND DIRECT STAFF TO INVESTIGATE AN INTERIM ORDINANCE. MOTION PASSED 5-0. 12 Councilmember Kline reiterated that this item should be expedited on the Plarming Commission calendar. Director Sullivan stated that he would do everything he can to speed up the process. . 6. CONSIDERATION OF LANDSCAPING AND COMMEMORATIVE BENCH FOR WILL YS PECK AT THE SARATOGA LIBRARY STAFF RECOMMENDATION: Accept report and direct staff accordingly. Lorie Tinfow, Assistant City Manager, presented staff report. Assistant City Manager Tinfow explained that Betty Peck approached first the library and then the City about placing a commemorative bench, for her husband 80th birthday, with a plaque somewhere on the library site with a view of the orchard. Assistant City Manager Tinfow explained that Mrs. Peck offered to pay for the bench and plaque, and staff agreed to arrange for an extra bench of the type already in place, to be located on the dirt area adj acent to the stonewall of the community room patio. Assistant City Manager Tinfow noted that further discussions with Mrs, Peck ensued and she expressed interest in more elaborate landscaping, including additional trees, and asked if a different style of bench could be substituted. . Assistant City Manager Tinfow noted that she met with Mrs. Peck's architect, Kathryn Mathewson, on September 19, 2003. Assistant City Manager Tinfow noted that Ms. Mathewson explained Phase I & II of their proposed plan. Assistant City Manager Tinfow noted that staff was requesting direction form Council. Anne Ravill noted that she was present tonight representing the Peck Family. Ms. Ravill noted that when her father turned 80 years old her family wanted to honor him in a special way. Ms. Ravill noted that her father loves the library, loves the orchard, and loves the City. Ms. Ravill noted that her family asked their friends to donate money towards a bench to be placed by the library. Ms. Ravill noted that when they told her father of their plan he was very pleased. Kathryn Mathewson stated that she was the Peck Family's architect. Ms. Mathewson showed a slide show of the site in which the proposed site ofthe bench and explained that the placement provides a view of the orchard and of the mountains. Ms. Mathewson noted that the bench could be seen from the Community Room window. Ms. Mathewson stated that there are two phases of the proposed project. The first phase would be to install the bench, plant a shade tree, and plant native grass instead oflawn. . 13 . Ms. Mathewson noted that the bench they are requesting is old fashioned, not the metal benches that are currently there now. Ms. Mathewson noted that phase two consists of removing the crabapple trees and replacing them with more native trees that would not block Mr. Peck's view. Councilmember King asked who selected the metal benches that are currently at the library. Assistant City Manager Tinfow responded that the Library Expansion Committee (LEC) chose the benches. Councilmember Bogosian asked if the CÏty was eventually going to develop the area. Assistant City Manager Tinfow responded that the Public Works Department was going to install an irrigation system and plant grass for approximately $1700. Councilmember Kline asked if the bench the Peck's requested was teak. Assistant City Manager Tinfow responded yes. . Vice Mayor Waltonsmith stated that it is hard to oppose to this project. Her concern is that this is the first time someone has requested a personalized bench. Vice Mayor Waltonsmith stated that the LEC worked very hard choosing the benches for the library. The LEC chose the metal benches because they were durable. Vice Mayor Waltonsmith stated that she would support a the metal bench with a plaque for Mr. Peck Councilmember Kline noted that he feels there is not enough information and would like to visit the proposed site. Councilmember Kline suggested postponing the decision and schedule a site visit. Councilmember King noted that she does not feel that the decision needs to be postponed; she fully supports the proposed plan. Councilmember Bogosian noted that he grew up in Saratoga. Councilmember Bogosian agreed that Mr. Peck has given a lot to the community and should be honored but other citizens in Saratoga deserve the same recognition. Councilmember Kline stated that he supports honoring Mr. Peck with a bench but has concerns regarding the proposed tree and the phases mentioned by the architect. Councilmember Kline stated that he does not want this proj ect to take away from the building or obstruct the view from the library . Mayor Streit stated that he supports honoring Mr. Peck, supports the placement of the bench, supports a teak bench, but doesn't support the proposed new landscape plan. Mayor StreÏt suggested this item be sent to the Public Works Department or the Library Commission for further discussion. Councilmember Bogosian noted that he concurred with Mayor Streit. 14 Mayor Streit stated that Council should approve the concept of the bench and allow City staff and the Library Commission to determine the contents. KING/KLINE MOVED TO APPROVE A TEAK BENCH IN HONOR OF WILLYS PECK: APPROVE THE PROPOSED PLACEMENT OF THE BENCH AT THE LIBRARY: DIRECT THE ISSUE TO GO BEFORE THE LIBRARY COMMISSION FOR FURTHER DISCUSSION USING THE FUNDS ALLOWED IN THE BUDGET FOR THIS PROJECT. MOTION PASSED 4-1 WITH WALTONSMITH OPPOSED. . 7. HERITAGE PRESERVATION COMMISSION REQUEST TO HIRE A CONSULTANT TO PREPARE A MASTER PLAN FOR THE HISTORIC PARK, APPLY FOR A GRANT FORM THE COUNTY OF SANTA CLARA PARKS AND RECREATION AND USE THE MCWILLIAMS HOUSE AS PART OF THE HISTORIC FOUNDATION MUSEUM OPERATIONS STAFF RECOMMENDATION: Adopt resolution. TITLE OF RESOLUTION: 03-061 RESOLUTION OF THE CITY COUNCIL SUPPORTING THE SARATOGA HERITAGE PRESERVATION COMMISSION'S MASTER PLAN AND GRANT REQUEST FOR THE CITY OF SARATOFA 'S HISTORIC PARK John Livingstone, Associate Planner, presented staff report. . Associate Planner Livingstone briefly explained that on May 21, 2003 the Heritage Preservation Commission (HPC) asked the City Council for permission to submit a grant application for the Historic Park Master Plan. At that meeting the City Council directed staffto place the issues on an agenda. Associate Planner Livingstone briefly explained that the HPC would like to apply for a grant for the restoration and improvements of the buildings and grounds in the City's Historic Park. The grant would be form the County of Santa Clara Parks and Recreation Department and does not require the City to match funds. As part of the grant process a letter of support form the City Council is required. Associate Planner Livingstone explained the primary vision for the Historic Park, which includes the McWilliams House, the Museum, and the Village Library. Councilmember Bogosian asked that assuming the property is repaired and opened to the public would the City be required to install an ADA bathroom facility on the property. Associate Planner Livingstone noted that he would have to research that issue and report back to Council. Associate Planner Livingstone added that he is aware of a special building code for historic structures. . 15 e Vice Mayor Waltonsmith noted that an ADA bathroom was being built at the museum. Councilmember Kline stated that he supports the request for the $30,000 match to hire a consultant, but has concerns regarding designating the McWilliams House as part of the Historic Foundation Museum. Councilmember Kline stated that he feels this type of decision needs more public discussion and asked ifthese two requests could be split and voted on separately. Associate Planner Livingstone responded yes. Councilmember Bogosian stated that he supports the HPC's request because the Historic Park and Blaney Plaza are both at the entry of the City and they need to be improved. Mayor Streit expressed his concern using the Council's contingency budget to fund the $30,000 match. Councilmember Kline asked if this was a CIP item. Director Cherbone noted that it was on the CIP list but unfunded. . Phyllis Ballingal, ChairlHeritage Preservation Commission, noted that the County has $1 million dollars set aside for preservation and reservation. Chair Ballingal noted that funds are distributed to projects that are ready to go forward and if the City waits there might not be funds left. Mayor Streit asked if the Council decided to hold a public hearing on the use of McWilliams House would that hold up the Master Plan for the Historic Park. Chair Ballingal responded that it should not hold the grant process up or the Master Plan. Jill Hunter stated that this morning she heard that the National Trust has recently honored Hakone Gardens. Ms. Hunter noted that the City's Village is quaint and old fashioned. This grant is the City's opportunity to take the Historic Park and turn it into something wonderful. Bob Louden, President/Saratoga Historic Foundation, stated that the Foundation is asking for support to go forward with applying for the grant. Mr. Louden stated that without the Council's support it would be hard to apply for grants. Councilmember King suggested contacting our local representatives to help obtain grants. . 16 KLJNE/BOGOSIAN MOVED TO ADOPT REOSL TUlON SUPPORTING THE SARATOGA HERITAGE PRESERVATION COMMISSION'S MASTER PLAN; GRANT REQUEST FOR THE CITY OF SARATOGA'S HISTORIC PARK AS AMENDED; APPROVE $30,000 MATCH TO HIRE A CONSULTANT. MOTION PASSED 5-0. e 8. MEMORIAL ARCH RELOCATION WORK AND BLANEY PLAZA HOLIDAY TREE PLANTING STAFF RECOMMENDATION: Approve Conceptual Plan; Approve increase to existing contract with George Bianchi Construction; Approve increase to existing contract with Greg lug & Associates; Authorize staffto purchase Holiday Tree and associated lighting; Authorize staff to solicit donations for the Holiday tree. John Cherbone, Public Works Director, presented staff report. Director Cherbone explained the background ofthe Memorial Arch relocation project and noted that additional rehabilitation work should be done around the Arch, which total approximately $30,000. Director Cherbone noted that if the City Council approves the additional work, it would move forward as soon as possible by George Bianchi Construction, who is currently perfo=ing concrete repair work for the City. Director Cherbone explained funding options for the Memorial Arch rehabilitation work. . Director Cherbone stated that recently the Mayor directed staff to explore the feasibility of planting a live Holiday Tree in Blaney Plaza. Staff held a site meeting at Blaney Plaza with Steve Kikuchi, the City's consultant who developed Blaney Plaza Master Plan, to dete=ine the most feasible location for a Holiday Tree. It was dete=ined that the most feasible location would be between the Memorial Arch and the existing large oak tree. Director Cherbone stated that a 15-20 foot cedar, spruce, or pine be planted to give an immediate effect of a community size Holiday Tree. Holiday lights would be installed on the Holiday Tree and decorative up lighting would be installed for the stone pines. Director Cherbone explained funding options for the Holiday Tree and associated lighting-ooting that the City may want to either solicit donations fo= interested parties or accept one major donor. Referring to the proposed placement ofthe Holiday Tree, Councilmember Kline pointed out that the tree would block the view from the arch coming north from Saratoga-Sunnyvale Road and coming south you would not be able to see through the arch. Director Cherbone concurred and added that there would only be a 15-foot space between the tree and the arch. e 17 e Councilmember Bogosian noted that he supports having a Holiday Tree but shares Councilrnernber Kline's concerns regarding the visual impacts on the Ach as well as the meaning of the Arch. The Arch is a memorial to those residents that died in World War 1. Councilmember Bogosian commented that placing a tree in the center of the Arch might take away form the meaning of the Arch. Councilmember Bogosian asked ifthe Holiday Tree could be placed under the stone pines. Director Cherbone responded it would not be possible because of the canopies of the stone pines. Councilmember Bogosian suggested planting a Holiday Tree at the Book-Go- Round. Councilmember King asked if a tree was planted at the Book-Go-Round could the street be blocked of for the tree lighting g program. Director Cherbone responded yes. Vice Mayor Waltonsmith suggested planting the Holiday Tree at the Historic Park. . Councilmember Kline suggested placing a cut tree in the proposed location and see how people react to the placement. Councilmember Bogosian remarked that a cut tree would not grow and therefore would not give the same effect as a permanent tree. Councilmember Bogosian stated that a cut tree would also be very expensive. Councilmember King asked if the tree was planted and placed at the proposed location and we find that it is not appropriate, could we move it. Director Cherbone responded yes. Councilmember Bogosian indicated that he wöuld like to find a permanent place for a Holiday Tree. Director Cherbone noted that there is one other location in the Plaza where a Holiday Tree could be planted. Director Cherbone stated that a tree could be placed at the tip of the Plaza where the utility box is located. Vice Mayor Waltonsmith asked if a tree were to be placed on the tip of the Plaza would it block the sight line of cars approaching the Plaza. . Director Cherbone responded that he does not think it would block sight lines. Mayor Streit noted that the City must have a Holiday Tree this year. 18 CounciImember Kline noted that the Plaza is a special place because of the Arch not because of a tree. CounciImember Bogosian suggested that the City light the existing tree and find a permanent place for a Holiday Tree for next year's holiday season. e Councilmember Bogosian mentioned that eventually one of the stone pines will be gone and then a permanent Holìday Tree could be planted in the Plaza. CounciImember King commented that she has been bringing this issue up since last year and is shocked that tonight there is so much discussion and issues regarding the placement of the Holìday Tree in Blaney Plaza. Referring to Director Cherbone's suggestion on placing a tree at the tip of the Plaza, Councilmember Kline stated that he supports the concept. Councilmember Kline noted that placing the tree on the tip of the Plaza seems to be the most logical place in the Plaza. Councilmember Bogosian asked if a tree was planted at the tip would it eventually cause the pavement to crack. Director Cherbone responded that full-grown tree would be planted and it would grow slow after. Also, Director Cherbone noted that root barriers would be placed along the curb and On both sides ofthe street. Director Cherbone noted that the utility box would have to be moved. e Marilyn White noted that she does not support the location of the tree in front of the Memorial Arch. Ms. White noted that the Plaza is a gathering place for the community and what it really needs is more space. Ms. White noted that planting a Holiday Tree in the Plaza would just take up more space. Ms. White stated that a Holiday Tree should be planted at a different location. Further discussion took place regarding the placement ofthe tree at the tip ofthe Plaza. BOGOSIAN/KLINE MOVED TO APPROVE CONCEPTUAL PLAN; APPROVE INCREASE TO EXISTING CONTRACT WITH GEORGE BIANCHI CONSTRUCTION; APPROVE INCREASE TO EXISTING CONTRACT WITH GREG ING & ASSOCIATES; AUTHORIZE STAFF TO PURCHASE HOLIDAY TREE AND PLANT IT NEAR THE UTILITY BOX; APPROVE ASSOCIATED LIGHTING: AUTHORIZE STAFF TO SOLICIT DONATIONS FOR THE HOLIDAY TREE. MOTION PASSED 5- O. . 19 . . . 9. PROPOSED LANDSCAPING & LIGHTING ASSESSMENT DISTRICT LLA-l ZONE FOR THE "GATEWAY AREA" STAFF RECOMMENDATION: Accept report and direct staff accordingly. John Cherbone, Public Works Director, presented staffreport. Director Cherbone noted that at the April 16, 2003, City Council meeting, Council directed staff to explore the creation of a new landscape and lighting maintenance zone for the future "Gateway" improvement area bounded by Prospect A venue and the Union Pacific Railroad tract. The improvement project would create new landscape medians, new landscaped area along unimproved parcel frontages, and decorative lighting. These improvements would all have ongoing maintenance and operating costs. Currently, Director Cherbone noted that the City pays for the landscape maintenance and water costs for all ofthe medians throughout the City. Conversely, the majority of other landscaped areas within the City right-of-way, such as long the frontage of an individual parcel or subdivision, are maintained via a City Landscape and Lighting Assessment Zone (LLA) Zone, via an individual property owner, or via a homeowner association. Director Cherbone noted that creating a LLA Zone in the Gateway would create a cost effective mechanism to pay for the ongoing maintenance of the frontage landscaping that would be created by the Gateway Master Plan. It is proposed that the cost of maintenance the frontage landscaping be spread proportionately based on length of property frontage. Director Cherbone noted that the estimated cost for maintaining the landscaping in the Gateway area including medians is $46,300 per year. Director Cherbone commented that in May 2003 the City mailed a letter to property owners in the Gateway area inviting them to meet with City staff to discuss the proposal to establish a LLA Zone to pay for the ongoing maintenance cost along their ITontages. The City received minimal responses to the invitation. Director Cherbone noted that in light of the minimal responses received, a second letter was sent out. Director Cherbone explained the survey results. Director Cherbone explained different options in the creation of a new landscape and lighting assessment zone. Director Cherbone noted that if Council desires to pursue a new LLA Zone, the City must hold public hearings and perform balloting per the rules of Propositions 218. Vice Mayor Waltonsmith commented that her main concern is the property owners that currently do not have landscaping, will the City be able to keep a unified look. Director Cherbone noted that Gateway Design Guidelines are in the process of being written and also if anyone wants to improve property in the City's right-of- way they would have to come to the City. 20 Consensus of the City Council to direct staff to move forward with the process to create a LLA Zone in the Gateway area. 10. OPTIONS FOR SECOND COMMUNITY MEETING . STAFF RECOMMENDATION: Accept report and direct staff accordingly. Dave Anderson, City Manager, presented staff report. City Manager Anderson stated that on September 23, 2003 the Saratoga City Council held a Community Meeting to discuss City owned property and facilities. Approximately 160 residents participated in this meeting. Due to time constraints, not all of the property and facilities were discussed. City Manager Anderson stated that in response to the success of this meeting and resident's suggestions, the Mayor directed staff to initiate a second Community Meeting to be held on Tuesday, October 28, 2003. Topics for discussion would include: · Continue discussion of City owned property and facilities · City Infrastructure · Community Discussion on "Vision of Saratoga" City Manager Anderson explained that staff would initiate a city wide advertising campaign similar to that conducted for the first meeting including: a post card to every household in Saratoga, posting the notice on the City's web site, KSAR Community Bulletin Board, and a press release in the Saratoga News and the Los Gatos Daily News. e Consensus of the City Council to hold a second community meeting on October 28, 2003. AGENCY ASSIGNMENT REPORTS Mayor Streit reported that following information: Hakone Foundation - City Attorney Taylor and City Manager Anderson will start negotiations soon to change the scope of the agreement. Mayor Streit announced that the National Trust of Historic Preservation of Washington D,C has selected Hakone Gardens as one of 12 historic sites for special recognition as an outstanding national treasure. Hakone Foundation will receive at least $75,000. Santa Clara Countv Valley Water Commission - continued the discussion regarding rates. Vice Mayor Wa1tonsmith noted that she had no reportable information. Councilmember King reported that following information: KSAR Communitv Access TV Board - announced that there was still one opening on the Board. . Councilmember Kline noted that he had no reportable information. 21 . . . Councilmember Bogosian reported that following infonnation: Countv HCD Policv Committee - noted that he cannot attend the meeting on October 2, 2003 and requested the designated altemate attend in his absence. West Valley Sanitation District - requested that Council agendize a presentation by the West Valley Clean Water Program. CITY COUNCIL ITEMS In regards to the City's golf cart that was stolen at Celebrate Saratoga, Councilmember Bogosian requested a detailed report including who was responsible for the cart. In regards to neon signs in the Village, the Village Guidelines state that signs should only be black and gold lettering. Councilmember Kline suggested that the City's Sign Ordinance should be looked at again. Councilmember Kline noted that he recently had Assembly member Cohn on his talk show. Councilmember Kline noted that he didn't realize that our Senate District is huge. Councilmember Kline noted that the City of Saratoga is being shafted. Councilmember Kline asked if there was any sense of the council to join a legal effort to change the boundaries. Councilmember Bogosian noted that he would support bring this back to Council. Vice Mayor Waltonsmith noted that she recently received a call from Bob Wallace in regards to Comer Dam. Mr. Wallace stated the he recently heard ITom the Water District that the City has pushed this project back and was told that the City said it wasn't a priority. Vice Mayor Waltonsmith requested a status report on this issue. Consensus of the Council to agendize this issue in November. OTHER None CITY MANAGER'S REPORT None ADJOURNMENT There being no further business, Mayor Streit declared the meeting adjourned at 11 :45 p.m. Respectfully submitted, Cathleen Boyer, CMC City Clerk 22 .. SARATOGA CITY COUNCIL . MEETING DATE: November 19, 2003 AGENDA ITEM: ~~ to.-.::7 ,¿::;::;7 ORIGINATING DEPT: Administrative Services CITY MANAGER: PREPARED BY: Jaye Tkaché(11 DEPTHE~ SUBJECT: Check Register: 10/30/03 RECOMMENDED ACTION(S): Approve the Check Register. REPORT SUMMARY: Attached is the Check Register. FISCAL IMP ACTS: . None CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): None ALTERNATIVE ACTlON(S): None FOLLOW UP ACTION(S): None ADVERTISING, NOTICING AND PUBLIC CONTACT: None ATTACHMENTS: Check Register Certification. . .,¡ Fund# Fund Name Date Manual Void 10/3012003 Checks Checks AP CHECKS A94577-94711 1 GENERAL 361,827.42 23,030,75 100 COPS-SLESF 110 Traffic Safety 1,048,04 150 Streets & Roads 42,491.12 180 LLA Districts 5,865.64 250 Dev Services 14,410.40 260 Environmental 4,866.65 270 Housing & Comm 14,341.48 290 Recreation 25,866.80 1,125.00 291 Teen Services 311,33 292 Facility Ops 1,421,25 293 Theatre Surcharge 310 Park Develpmt 320 Library Expansion 11,763,01 591.53 351 Public Safety 4,851.33 352 I nfrastructu re 1,739.34 353 Facility 354 Park and Trail 4,216.05 400 Library Debt 420 Leonard Creek 720 Cable TV 740 PD#3 800 Deposit Agency Subtotal 495,019.86 24,747.28 PAYROLL CHECKS: B29452-29478 TOTAL rr~ Date: I 11uu.. ¡¡-/~-~3 rpproved by: I Apr-99 e 0 0000 1JI1JI1J10 WWO ~O ~~O ~~O WO ~O ~O ~O ~O < ,,~~ 0 wwwo 0000 ~WO ~O 0 ~WO 00 ~O WO 00 ~O HW HWW , 0 c:..c...c...O NIVtvo 0 ~O WWo - 0 _0 ~o ~o ~O ~O , Z~Š 80N 0 0001-' 0'\<.0"'''' ~ ~o ~~~ ~ ~~ 00 ~~ w~ ~O , ~ø~ 0 OOO\J1 ~ - ~ ~w 0000_ 00 ~w ~o ~w ~~ ~o , 00 O¡¡~ ~ N1-'NN ~ ~ -~ w~~ ~ ~ _0 W~ O~ 0 , HZ 0 0\,1)0'-'> ~ ~ ~~ , , 0 0 - O~ ~O W~ W "0 ~ ~ ~WO ~~ W ~ ~ .. ° O~O , '" . 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"" 00 0 8~o ~ o~, ~ ""'~ > 0 0 ~ W H ¡¡ ~ "' W ~ '" ""' W '" 1;:5 0 !' "'0 ~ ~ 0 '" c "' 0 â 0 c w "" 0 O~ ~ '" ~ ~ > ~ " " z· ª 00 8 '" H ~ 0 , ~ 0 " ~ ~ , "' ~ ~ 0 ~ 0 '" ~ ~ " ~ ?; ~ "' " '" ?; '" '" , '" " , ~ ~ ~ " ~ "' '" ~ 0 " " "' , H '" " ~ '" '" '" 0 1; ~e 0 8 8 ~ " 0 0 , 0 ~ ~ ~ ê ~ '" ~ 8 0 ~ , 0 0 ¡¡ "'~ 8'" ~ OH ~8 ~ ~ ~~ S~ > ~ ~ ~~ "''' " "'" " 0 0 00 , 0 ~ 0 00 [:]1;: ~ , , , 80 ~ê H ~" 38 "''' ~ O~ ~'" 8~ H ~g'd ~ ~ '" '" 0 8" ~~'" H 0," 0 0 8'" 0 '" >" ~ 0 0 "''' , 0 ~o ~~H . . . . SARATOGA CITY COUNCIL MEETING DATE: November 19, 2003 AGENDAITEM:~ ~ ORIGINATING DEPT: Administrative Services CITY MANAGER: p.-../ ¿:;::-y ~ DEPTHEAD: ~~ ~ PREPARED BY: Jesse Baloc~ SUBJECT: Fiscal Year Ended June 30, 2003 Comprehensive Annual Financial Report RECOMMENDED ACTlON(S): Accept the fiscal year ended June 30, 2003 Comprehensive Annual Financial Report (CAFR). REPORT SUMMARY: The CAFR is prepared pursuant to applicable federal, state and local statutes that requires the City of Saratoga to annual report its financial position and activity, and that an independent firm of certified public accountants audit this report. Responsibilities for both the accuracy of the data and the completeness and fairness of the presentation, including all disclosures, rests with the City's management. To the best of our knowledge and belief, the reported data is accurate in all material respects and is reported in a manner that presents fairly the financial position and results of operations of the City's various funds and account groups. This report was prepared for the second year in accordance to the new Govemmental Accounting Standards Board #34 (GASB #34) requirements. There were no prior year audit recommendations to address or reportable conditions noted during the City's annual financial audit. Recommendation's made to management include (I) strengthening the internal controls of payroll accessibility where the processor of payroll no longer has access to the changing of employee pay rates and (2) the posting of bank transactions reconciliation items during the month of occurrence. Caporicci and Larson, CPA's have noted that City staff identified these observations and implemented corrective action prior to their September audit on 2002-03 financial activities. FORMAT OF THE FINANCIAL REPORT: The CAFR is presented in the following three sections: 1. Introductory Section - The introductory section, which is unaudited, includes the letter of transmittal, a list of the City of Saratoga's elected officials and administrative persounel, an organization chart, the Government Finance Officers Association's (GFOA) of the United States Certificate of Achievement for Excellence in Financial Reporting and the California Society of Municipal Finance Officer's (CSMFO) Certificate of Award for Financial Reporting to the City of Saratoga for its CAFR for the fiscal year ending June 30, 2002. . 2. Financial Section - The basic financial statements include management's discussion and analysis, government-wide financial statements, fund financial statements, notes to the financial statements, and required supplementary information as well as the auditors' report on the financial statements and schedules. The Management Discussion and Analysis, a format prescribed by the provisions of GASB #34, provides financial highlights, an analysis of the City's basic financial statements, the City's economic outlook and proposed major initiatives. 3. Statistical Section - Includes selected financial and demographic information, which is generally presented on a multi-year basis and is unaudited. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): . None. ALTERNATIVE ACTION(S): None. FOLLOW UP ACTION(S): Accept and file the reports. Distribute to required agencies and interested parties. Submit for GFOA and CSMFO award certification. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: A. Comprehensive Annual Financial Report for the fiscal year ended June 30, 2003 B. Recommendations to Management. . 20f2 , · · · AGENDA ITEM: ~ ~ CITY MANAGER: V---./ ¿:;::2"- ~ ¿- \~ SARATOGA CITY COUNCIL MEETING DATE: November 19,2003 DEPT: Community Development PREPARED BY: Kristin Borel DEPT HEAD: ~ SUBJECT: Planning Commission Actions, November 12, 2003 RECOMMENDED ACTION(S): Note and file. REPORT SUMMARY: Attached are the Planning Commission Action Minutes of November 12, 2003 FISCAL IMPACTS: NIA CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): NIA ALTERNATIVE ACTION(S): NIA FOLLOW UP ACTlON(S): NIA ADVERTISING, NOTICING AND PUBLIC CONTACT: NIA ATTACHMENTS: Action Minutes - Saratoga Planning Commission , CITY OF SARATOGA PLANNING COMMISSION ACTION MINUTES . DATE: PLACE: TYPE: Wednesday, November 12,2003 - 7:00 p.m. Council ChamberslCivic Theater, 13m FruitvaleAvenue, Saratoga, CA Regular Meeting ROLLCALL: Commissioners Cynthia Barry, Mohanunad Garakani, Susie Nagpal, Michael Schallop, Mike UW, Ruchi Zutshi and Chair Jill Hunter ABSENT: Commissioners Nagpal &: Schallop STAFF: Planners Oosterhous &: livingstone, Director Sullivan and Minutes Clerk Shinn PLEDGE OF ALLEGIANCE MINUTES: Draft Minutes from Regular Planning Commission Meeting of October 22, 2003. (Approved 4-0-1, Barry Abstained) ORAL COMMUNICATIONS - Any member of the Public wiIl be allowed to address the Planning Commission for up to three minutes on matters not on this agenda. The law generally prohibits the Planning Commission from discussing or taking action on such items. However, the Planning Commission may instruct staff accordingly regarding Oral Communications under Planning Commission direction to Staff. REpORT OF POSTING AGENDA Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on November 6, 2003. REPORT OF ApPEAL RIGHTS . . If you wish to appeal any decision on this Agenda, you may file an "Appeal Application" with the City Clerk within fifteen (15) calendar days of the date of the decision, pursuant to Municipal Code 15-90.050 (b): In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this meeting, please contact the City Clerk at (408) 868-1269 or ctc1erk@sarato£a.ca.us. Notification 48 hours prior to the meeting wiIl enabk the City to make reasonabk arrangements to ensure accessibility to this meeting (28 CFR 35.102-35.104 ADA Title II). CONSENT CALENDAR 1. APPLICATION #03-221, (386-52-020) FRAZIER (Appellant), MIKL/ESSEX PROPERTIES (Applicant), 20305 Seagull Way; Appeal of Administrative Design Review Application #03- 151; A neighbor has filed an appeal of an administrative design review application to substantially remodel and construct additions to an existing two-story residence. The applicant proposes a 1,315 square foot addition on the ground floor and a 93 square foot addition on the second floor. The property is 11,598 square feet and is zoned R+ 10,000. Appellant Frazier has filed an appeal of this application pursuant to MUIÚcipal Code Section 15-4 5.065( c) after receivíng a "Notice of Intent to Approve." The motion at the October 22, 2003 Planrúng Commission Public Hearing resulted in a tie vote of 3+1 (Commissioner Barry absent). Therefore, this item is placed on the agenda for a deciding vote to either support the appeal, or deny the appeal and approve Administrative Design Review Application #03-151. (LATA V ASUDEVAN) (APPEAL DENIED 5-0) 2. APPLICATION #03-211 (503-69-030) - CURRY (Appellant), CONSTANTINO (Applicant). - 21851 Via Regina; - Appeal of an Administrative Decision to issue a Tree Removal Permit to remove two Eucalyptus trees. The two Eucalyptus trees are approximately 3 feet and 11 feet in circumference. They are located at the periphery of the property. The motion made at the October 8, 2003 Planrúng Commission Public Hearing resulted in a tie vote of 3+1 (Commissioner Uhl . absent); therefore, this item has been placed on the consent agench for a deciding vote to either approve or deny the appeal. (CHRISTY OOSTERHOUS) (APPEAL DENIED 5-0) . PUBLIC HEARINGS . . All interested persons may appear and be heard at the above time and place. If you challenge a decision of the Planning Commission pursuant to a public hearing in court, you may be limited to raising only those issues you or someone else raised at the public hearing( s) described in this agenda, or in written correspondence delivered to the Saratoga Planning Commission at, or prior to, the public hearing. In order to be included in the Planning Commission's information packets, written communication should be filed on or before the Monday, a week before the meeting. 3, APPLICATION #03-184, (393-18-010) Appeal of Administrative Decision; SAADAT (Appellant), Hamid Saadat, property owner 19681 ]unipero Way, has filed an appeal of an administrative decision which requires the following: replacement trees, a cash payment, and tree removal costs for a neighbor's tree which was rendered unstable as a result of the appellant's actions. The administrative decision was made after the appellant caused severe root damage to several trees, (CHRISTY OOSTERHOUS) (APPEAL DENIED 5-0) 4, APPLICATION # 03-100 (397-19-027) - CILKER, 15143 Alondra Lane; - Request Design Review Approval to construct a new one-story 5,972 square foot house with a 1,100 square foot basement. The gross lot size is 40,719 square feet and zoned R-I-40,000. The maximum height of the residence will be 26 feet. (JOHN LIVINGSTONE) (APPROVED 4-1, HUNTER OPPOSED) 5. APPLICATION #02-182 (389-14-037) DORCICH ORCHARD SUBDIVISION, 13089 Quito Road; - Request for Planning Commission approval of a revised plan for a six lot subdivision of the 1.97 acre property located at the corner of Quito Road and Martha Drive. The R-l, 10,000 zoned parcel would be subdivided into lots ranging from 11,118 square feet to 13,371 square feet. The six lots would take access from the proposed private cul-de-sac. The existing historic farmhouse would be restored and moved onto Lot 4, which is at the end of the cul-de-sac. (ANN WELSH) (APPROVED 5-0) 6. APPLICATION #03-233 (C-N ZONE BOUNDED BY LAWRENCE EXPRESSWAY AND PROSPECT A VENUE) Zoning Ordinance Amendment; City of Saratoga. The Saratoga Zoning Regulations expressly prohibit drive through windows in all commercial zones. The City Council has determined that there is sufficient reason to direct the Planning Commission to conduct a public hearing and report back their findings regarding the creation of an Overlay Zone that would allow drive through facilities in the CN Zone bounded by Lawrence Expressway and Prospect Avenue. (TOM SULLIVAN) (APPROVED 5-0) DIRECTORS ITEM Remind Commissioners that the meeting on November 26 is cancelled COMMISSION ITEMS None ADJOURNMENT AT 10:45 PM TO THE NEXT MEETING Wednesday, December 10, 2003, at 7:00 p.m. in the Council ChamberslCivic Theater 13777 Fruitvale Avenue, Saratoga, CA If you would like to receive the Agenda's VÍa e-mail, please send your e-mail address to planning@saratoga.ca,us .. e II MEETING DATE: SARATOGA CITY COUNCIL AGENDA ITEM: 3Ç CITYMANAGER:O$~/ - DEPTHEAD: ~. November 19, 2003 ORIGINATING DEPT: Cornmunity Developrnent PREPARED BY: Thomas Sullivan, AICP SUBJECT: Second Reading of a Zoning Ordinance Arnendment Revisions to Article 15-06 - Definitions RECOMMENDED ACTION: Staff recommends the City Council grant second reading and adopt the orclinance amending the Definitions Section of the Zoning Ordinance REPORT SUMMARY: On November 5, 2003, the City Council conducted a Public Hearing and Granted first reading to s set of Ordinance amendments affecting the Definitions section of the Saratoga City Code. Following the hearing, the City Council questioned several sections and requested that in three subsections the term horse be changed to equine. These changes have been made and are part of the attached draft orclinance as presented below: 15-06.170 CorraL "Corral" means an area enclosed by fencing for the keeping of equÍne or other livestock. 15-06.255 EquestrÍan zone. "Equestrian zone" means an area of the City where equÍnes may be maintained for private use and commercial or community stables may be maintained only in such zoning clistricts and only with such minimum site areas and minimum clistances of stables and corrals from property lines and other structures as pernútted under the applicable zoning regulations set forth in Chapter 15 of this Code. 15-06.640 Stable. "Stable" means any building or structure or portion thereof designed or used for the housing or feeding of equÍne or other livestock. (a) Boarding stable means any stable or corral where equÍnes are lodged or fed for remuneration. (b) Commercial stable means any establishment providing services or shelter for equines owned and used by someone other than the occupant or owner of the residence and including but not limited to boarding stables, riding schools, related shows, lessons, clinics and similar activities, but not including community stables. (c) Community stable means a private stable or corral designed, owned and used solely by residents and guests of a particular area, for the keeping or use of equines in private ownership, for homeowners, private clubs, or riding schools, where riding lessons are not open to the public and no equine are offered to the public for remuneration, hire or sale. - FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The definitions section of the Saratoga Code will remain out of date. ALTERNATIVE ACTION: The City Council could revise the language of any or all or the definitions. FOLLOW UP ACTION: This ordinance or a comprehensive summary thereof shall be published in a newspaper of e general circulation of the City of Saratoga within fifteen days after its adoption. The foregoing ordinance was introduced and read at the regular meeting of the City Council of the City of Saratoga held on the 5 day of November, 2003, and was adopted by the following vote following a second reading on the 19 day of November, 2003: ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: 1. Draft Ordinance - 20f2 · · · ORDINANCE . AN ORDINANCE AMENDING THE ZONING CODE OF THE CITY OF SARATOGA CONCERNING REAR YARD SETBACKS IN THE RESIDENTIAL ZONED DISTRICTS THE CITY COUNCIL OF THE CITY OF SARATOGA DOES ORDAIN AS FOLLOWS: Section 1. Findings. The City Council finds and declares as following: 1. That the proposed amendments will not be detrimental to the public health, safety or welfare, nor be materially injurious to the properties or improvements in the vicinity in that said amendments implement sound planning techniques. 2. That the proposed amendments provide clarification and implement planning practices that protect neighborhood integrity. 3. The Planning Commission has conducted a public hearing to consider amendments to the zoning code with respect to the definitions of commonly used planning terms. 4. This ordinance amends the City Code to provide guidance to citizens, applicants and city staff. Section 2. Adoption. Section 15-06 of the Saratoga City Code is hereby amended as set forth below. . DEFINITIONS 15-06.005 Application of definitions. The definitions set forth in this Article shall be applied throughout this Chapter, unless the context or the provision clearly requires otherwise. 15-06.010 Abandon. "Abandon" means to cease or discontinue a use or activity without intent to resume, but excluding temporary or short-term interruptions to a use or activity during periods of remodeling, reconstructing, replacing, maintaining or otherwise improving or rearranging a site or structure, or during normal periods of vacation or seasonal closure, or during brief periods of discontinuance in connection with a pending sale or other transfer of ownership or management of a use or structure. 15-06.011 Abatement. "Abatement" means the act of eliminating the condition that causes a nuisance. 15-06.020 Abutting. . "Abutting," means having property lines or district lines in common. . . . 15-06.021 Access. . "Access" means a way or means of approach to provide vehicular or pedestrian physical entrance to a property. 15-06.022 Accessory Structure. "Accessory Structure" means a structure detached from the main structure on the lot and incidental and subordinate to the main structure or use, but not including Second Dwelling Units. 15-06.023 Accessory Use. "Accessory Use" means a use of land or a building or portion thereof incidental and subordinate to the principal use of the lands or building and located on the same lot with the principal use. 15-06.024 Acre. "Acre" means a measure of land area containing 43,560 square feet. 15-06.030 Addition. "Addition" means any construction, which increases the size of a structure in terms of site coverage. height, or gross floor area. 15-06.040 Alley. "Alley" means a service roadway providing a secondary means of public access to abutting property and not intended for general traffic circulation. . 15-06.050 Alteration. "Alteration" means any construction or physical change in the internal arrangement of rooms or the supporting members of a structure, or change in relative position of structures on a site. or substantial change in the exterior appearance of any structure. 15-06.051 Apartment Unit "Apartment Unit" means an independent, self-contained dwelling unit with one or more rooms with private bath and kitchen facilities in a building containing three or more such dwelling units. 15-06.052 Applicant "Applicant" means a person submitting an application for development. Where the Applicant is not the owner of the iot that is the subject of the application for development the, Applicant shall provide the approving authority with evidence that the application for development is authorized by the owner. 15-06.053 Application for Development . · "Application for Development" means the application form and all accompanying documents and exhibits required of an applicant by the approving authority for development application review purposes. e 15-06.060 Approving authority. "Approving authority" means the legisiative body, commission, committee or official of the City designated under the provisions of this Chapter as having the authority to approve or deny a particular type of application. 15-06.061 Appurtenances "Appurtenances" means the visible, functional, or ornamental objects accessory to and part of buiidings, such as; chimneys, flag poles, cupolas, spires, or antennas. 15-06.061 Architectural Feature "Architectural Feature" means a prominent or significant part or eiement of a buiiding, structure, or site. 15-06.062 Architectural Style "Architectural Styie" means the characteristic form and detaii of buildings of a particular historic architectural context or period. · 15-06.070 Attached. e "Attached" means anything physically connected to a building or structure so as to become an integral part thereof. The term includes components of a structure joined together by a common wall, floor or ceiiing. 15-06.080 Attic "Attic" means that part of a building that is immediately below and wholly or partially within the roof framing. 15-06.090 Basement. · "Basement" means a space in a structure that is partly or wholly below grade and where the vertical distance from grade to a finished floor directly above such space is less than or equal to forty-two inches. (See Figure 1 a) If the finished floor directly above the space is more than forty- two inches above grade at any point along the perimeter, such space shall be considered a story, and the entire space shall be included in the calculation of gross floor area. This requirement applies to all lots, with the exception of hillside lots. On hillside lots, as defined in Section 15-06.420(e), only the portion of space where the vertical distance of the finished floor directly above such space is more than forty-two inches above grade shall be counted as floor area and considered a story. The number of stories measured vertically at any given point shall not exceed the maximum number of stories allowed in each zoning district. (See Figure 1 b) However, if the vertical distance of the finished floor above the space is not more than forty-two inches above grade for at least eighty percent of area of such space, then the entire space is a basement that shall not be included in the calculation of gross floor area and shall not be considered a story. (See Figure 1 c) . e . . As used herein, the term "grade" shall mean either the natural grade or finished grade adjacent to the exterior walls of the structure, whichever is lower. The Community Development Director shall make the determination for sites where it is unclear as to which is the natural and which is the finished grade. Basements are subject to the requirements of Section 15-80.035. . 15-06.100 Bed and breakfast establishment. "Bed and breakfast establishment" means a structure designed as a single-family dwelling containing no more than three rooms, which rooms are rented for transient occupancy and breakfast is served to the guests on the premises. 15-06.105 Below Market Rate Dwelling Unit. "Below market rate dwelling unit" means a dwelling unit, which is rented, leased or sold to only households that qualify as lower, very-low, or extremely-low income households as those terms are defined in the most recent Santa Clara County Housing and Urban Development Program Income Limits or, in the event that the most recent such report is more than. five years old, in accordance with the definitions set forth in Health and Safety Code sections 50079.5, 50105, and 50106 as those sections exist as of the effective date of this restriction. 15-06.110 Block. "Block" means any lot or group of contiguous lots on one side of a street and lying between intersecting streets, railroad rights-of-way, waterways or unsubdivided land. . 15-06.120 Building. "Building" means any structure used or intended for supporting or sheltering any use or occupancy. 15-06.122 Building, Main. "Building, main" means a building in which is conducted the principal use of the parcel and/or building site on which it is situated. 15-06.125 Building site. "Building site" means a lot, occupied or to be occupied by a main building and accessory buildings, or by a dwelling and its accessory buildings, together with such open spaces as are required by the terms of this chapter and having its principal frontage on a street, road, or highway. 15-06.130 Cabana. "Cabana" means an accessory structure designed for use as a bathhouse or recreation room in connection with use of a swimming pool. . · · · 15-06.140 Carport. e "Carport" means an accessory structure or a portion of a main structure designed for the storage of motor vehicles having a permanent roof and not fully enclosed on all sides. 15-06.150 Clinic. "Clinic" means a facility for the medical diagnosis and treatment of outpatients. 15-06.160 Community facility. "Community facility" means a place, structure, area or other facility used for and providing fraternal, social or recreational programs or activities generally open to the public. The term includes parks, swimming pools, recreational courts, community centers, libraries, museums, and golf courses. 15-06.165 Community view sheds. "Community view sheds," means any views, which are visible from an area, which has scenic value for the community. 15-06.170 Corral. e "Corral" means an area enclosed by fencing for the keeping of equines or other livestock. 15-06.180 Covered parking. "Covered parking" means a garage or carport that provides full overhead protection from the elements with ordinary roof coverings. Canvas, lath, fiberglass, plastic and vegetation are not ordinary roof coverings and cannot be used in providing a covered parking space. 15-06.185 Creek bank. "Creek bank" means the sides of a watercourse, the top of which shall be the topographic line roughly parallel to stream centerline where the side slopes intersect the plane of ground traversed by the watercourse. Where banks do not distinguishably end, City or Santa Ciara Valley Water District shali determine the top of such banks. 15-06.190 Day care facility. "Day care facility" means the use of a site or portion of a site for a group day care program for eight or more clients other than those resident on the site. The term includes nursery school, preschool and similar facilities. . e e e 15-06.200 Detached. . "Detached" means a building or structure, which is not attached to any other building or structure. 15-06.204 Development. "Developmenf' means, on land, in or under water, the placement or erection of any solid material or structure; discharge or disposal of any dredged material or of any gaseous, liquid, solid, or thermal waste; grading, removing, dredging, mining, or extraction of any materials; change in the density or intensity of use of land, including but not limited to, subdivision pursuant to the Subdivision Map Act (commencing with Section 66410 of the Government Code), and any other division of land, including lot splits, except where the land division is brought about in connection with the purchase of such land by a public agency for public recreational use; construction, reconstruction, demolition, or alteration of the size of any structure, including any facility of any private, public or municipal utility; and the removal or harvesting of major vegetation other than for agricultural purposes. 15-06.210 District. "District" means a portion of the City within which certain uses of land and structures are permitted, conditionally permitted, or prohibited and within which certain yards and other open areas are required and certain height limits and design standards are established for structures, all as set forth and specified in this Chapter." . 15-06.220 Drive-through service. "Drive-through service" means a feature or characteristic of a use involving the sales of products or provision of services to occupants in motor vehicles, including drive-in or drive-up windows. 15-06.230 Driveway. "Driveway" means a private roadway servicing up to four parcels, the use of which is limited to persons residing or working on the site and their visitors, which provides access to off-street parking or loading spaces on the site. 15-06.240 Dwelling. "Dwelling" means a permanent building or a portion of a permanent building used as the personal residence of the occupants thereof, excluding trailers, campers, recreational vehicles, hoteis, motels, bed and breakfast establishments, tents and temporary structures. (a) Dwelling unit means a room or group of rooms including living, sleeping, eating, cooking and sanitation facilities, constituting a separate and independent housekeeping units, occupied or intended for occupancy by one family on a permanent basis and having not more than one kitchen. (b) Single-family dwelling means a dwelling unit constituting the only main structure upon a single building site. . · · · (c) Multi-family dwelling means a structure or site containing more than one dwelling unit, designed for occupancy by more than one family living independently of each other, and doing their own cooking in the building. However, a single-family dwelling and a lawful second unit dwelling located upon the same site shall not be deemed a multi-family dwelling. (d) Second unit dwelling means an attached or detached residential dwelling unit which provides complete independent living facilities for one or more persons, including permanent provisions for living, cooking, sleeping and sanitation on a parcel within the A, R-1, or HR district where a legally created single-family dwelling is situated. Second dwelling units are not to be sold separately from the primary dwelling, but may be rented. · 15-06.250 Emergency access. "Emergency access" means a street, which is gated or otherwise closed to regular use by vehicular traffic and intended for use by vehicular traffic only in the event of emergency. 15-06.255 Equestrian zone. "Equestrian zone" means an area of the City where equines may be maintained for private use and commercial or community stables may be maintained only in such zoning districts and only with such minimum site areas and minimum distances of stables and corrals from property lines and other structures as permitted under the applicable zoning regulations set forth in Chapter 15 of this Code. 15-06.260 Family. · "Family" means an individual or two or more persons occupying a dwelling unit and living together as a single housekeeping unit in which each occupant has access to all parts of the dwelling unit. A family shall be deemed to include necessary household help. The term shall not include a group of persons occupying a hotel, motel, bed and breakfast establishment, nursing home, or institution of any kind. 15-06.261 Fence. "Fence" shall mean any structural device, other than a wall of a building, forming a physical barrier by means of glass, wood, masonry, metal, chain, brick, stake, plastic or other similar materials. 15-06.270 Financial institution. "Financial institution" means a bank, savings and loan association, credit union, thrift association or similar organization. 15-06.280 Floor area. Floor area means the total habitable and/or accessible floor space under roof of all floors of a building measured to the outside surfaces of exterior waJls, including halls, stairways, elevator shafts, ducts, service and mechanical equipment rooms, interior courts, underfloor areas with an · e e e interior height of five feet or greater, porches, verandas and similar building elements with a solid roof and enclosed on three or more sides, garages and enclosed accessory structures. In the case of a sloped ceiling or ground surface, the floor area shall be measured to the point at which the interior height is less than five feet. The term "interior courts" as used in this section means an area within the structure enclosed on all sides. . Floor area does not include basements, exterior roof overhangs, exterior unenclosed balconies, inaccessible attic areas, unenclosed accessory structures and unenclosed areas underneath exterior decks or balconies. The term "enclosed" as used in this section means a structure with three or more walls, or an equivalent percentage of enclosure for an area with more than four walls, and a solid roof. 15-06.290 Frontage. "Frontage" means the property line of a site abutting on a street. In the case of a corner lot, the frontage shall be that property line abutting on a street, which does not result in the creation of a nonconforming lot with respect to frontage, width or depth. If more than one property line of a corner lot abutting on a street can be designated as frontage without creating a nonconforming lot, then any of such property lines may be deemed the frontage. 15-06.295 Game arcade. "Game arcade" means an establishment having more than three coin or token operated pinball machines, video games or other form of mechanical or electronic games or any combination thereof, available for use by the general public. A game arcade may exist as either a principal use or as an incidental use conducted by another principal use on the site. . 15-06.300 Garage. "Garage" means an accessory structure or a portion of a main structure that has a permanent roof, is fully enclosed on all sides, and is designed for the storage of motor vehicles. 15-06.310 Gasoline service station. "Gasoline service station" means a place where gasoline, oil, tires, small parts and accessories for the operation of motor vehicles are offered for sale to the public, and servicing incidental thereto, including the washing of vehicles where no chain conveyor, blower or steam cleaning device is used. 15-06.320 General Plan. "General Plan" means the current General Plan as adopted by the City pursuant to the requirements of the Government Code and includes, for the purposes of this Chapter, any specific plan applicable to the site. 15-06.325 Geotechnical clearance. . · · · "Geotechnical clearance" means a written acknowledgement from the City Engineer indicating that: (a) The applicant has identified all geological and geotechnical hazards and constraints present on the site; (b) The applicant has evaluated those hazards and constraints identified in subsection (a) which would affect the proposed development of the site or impact adjacent properties, as required by the City Engineer and City Geotechnical Consultant; (c) The applicant has developed appropriate measures to avoid and/or mitigate those hazards and constraints evaluated in subsection (b) to the satisfaction of the City Engineer and City Geotechnical Consultant; (d) The applicant has paid all fees associated with the City Geotechnical Consultant's review of the application. Geotechnical clearance does not and shall not be construed as constituting an approval or entitlement of any form or type. . 15-06.330 Guest house. "Guest house" means an accessory structure containing a lodging unit without kitchen facilities, and used to house occasional visitors or nonpaying guests of the occupants of a dwelling unit on the same site. 15-06.340 Height of Buildings "Height of Building" means the vertical distance from the average of the highest and lowest point of the lot at the building's edge, measured from naturai grade, of that portion of the lot covered by the building to the topmost point of the roof excluding appurtenances, unless otherwise specified in this chapter. The Community Development Director, through the use of the best available information, such as tract grading plans, vegetation, and neighborhood topography or existing grades, shall determine natural grade. . 15-06.341 Height of Fences, walls and hedges "Height of fences, walls and hedges" means a vertical line from the highest point of the fence, wall or hedge to a point directly below at either the natural grade or the finished grade, whichever such grade is lower. Where a fence is constructed upon, or approximately parallel to and within two feet of the top of a retaining wall, the height of the fence shall be the vertical distance measured from the top of the fence to the bottom of the retaining wall in the manner prescribed herein. 15-06.350 Home occupation. "Home occupation" means any activity which is the conduct of an art or profession, the offering of a service, the conduct of a business or the handcraft manufacture of products in a dwelling unit solely by the occupants thereof, in a manner incidental and secondary to the use of the dwelling for dwelling purposes, and in accord with the provisions of this Code. 15-06.360 Hotel. . "Hotel" means a structure or portion thereof or a group of attached or detached structures containing individual guest rooms or suites where lodging is provided primarily to transients for e e e compensation. The term includes motel, inn, tourist court, bed and breakfast establishment, or similar use. . 15-06.370 Impervious surface. "Impervious surface" means any structure or hard surface which substantially impairs the natural permeability of the soil, including, but not limited to, solid surface decks and patios, accessory structures, swimming pools, recreational courts, paved driveways and parking areas, and surfaces comprised of gravel, clay, bricks with sand, or concrete. 15-06.380 Institutional facility. "Institutional facility" means a place, structure or area operated by a public or private organization or agency, used for and providing educational, residential, or health care services to the community at large. The term includes residential developments and health care facilities operated by non-profit organizations, and both public and private schools or colleges 15-06.385 Intermittent stream. "Intermittent stream" means a watercourse with seasonal water flow and dry in dry seasons. 15-06.390 Keeping; keeping for private use. . (a) Keeping, in relation to the keeping of animals, means the harboring or maintaining possession of any animal on a site together with the maintenance of such animal by the feeding or otherwise supplying of necessities of life to the same. Any animal physically present on a site for a continuous period in excess of seventy-two hours is being kept, within the meaning of this definition, by the owner or other occupant of the site. (b) Keeping for private use, in relation to the keeping of animals, means the keeping of an animal owned by the owner of the site where such animal is kept, for the private use by such owner and his guests as a use accessory to a dwelling on the same site, and not for remuneration, hire or sale. 15-06.400 Kitchen. "Kitchen" means a room designed. intended or used for the cooking and preparation of food. 15-06.405 Lightwell. "Lightwell" means an excavated area adjacent to a building that extends no more than four feet measured horizontally from the building perimeter to the interior wall of the lightwell, that is enclosed on four sides, that is open at the top, and allows light into a below grade level of a building. Lightwells shall have guardrails and gates in compliance with the Uniform Building Code. . · 15-06.410 Loading facility. "Loading facility" means an area on a site or within a building, or both, used or intended for use for the loading or unloading of goods from a motor vehicle or trailer in connection with the use of the site on which such facility is located. The loading facility area on the site may include loading berths, aisles, access driveways, turning and maneuvering areas, clearances and similar features, which meet the requirements established by this Chapter. 15-06.420 Lot. · "Lot" means a parcel of land consisting of a single lot of record. (a) Lot of record means a lot which is part of a subdivision and shown on a map thereof as recorded in the office of the County Recorder, or a legally created parcel of land described by metes and bounds or shown on a parcel map which has been so recorded. (b) Corner lot means a lot abutting the intersection of two or more streets. A lot abutting on a curved street or streets shall be considered a corner lot if straight lines drawn from the intersections of the lot lines with the street lines meet at an interior angle of one hundred thirty- five degrees or less, or if the centerline of the street abutting the lot has an interior angle over the distance of any curve of one hundred thirty-five degrees or less. (c) Interior lot means a lot other than a corner lot. (d) Flag lot means a lot having access to a street by means of a private driveway or corridor of land not othelWise meeting the requirements of this Chapter for site width. The length of a corridor access shall be measured from the frontage line to the nearest point of intersection with that property line parallel or most nearly parallel to the frontage line. (e) Hillside lot means a lot having an average slope of ten percent or greater. (f) In-fill lot means a lot surrounded by other developed lots in at least three out of four northern, southern, eastern or western directions. (g) Reversed corner lot means a corner lot, the side lot line of which is substantially a continuation of the front lot line of the first lot to its rear. (h) Double frontage lot means an interior lot having frontage on two parallel or approximately parallel streets. 15-06.430 Lot line. · "Lot line" means any boundary of a lot. (a) Front lot line means, on an interior lot, the lot line abutting a street, or, on a corner lot the shortest dimension of the lot fronting the street, or, on a double frontage lot, the lot line abutting the street providing the primary means of access to the lot, or, on a flag lot, the interior lot line most parallel to and nearest the street from which the means of access is obtained, except that where the average width of a flag lot exceeds its average depth and the longer dimension is considered the depth, the front lot line will be the property line from which the front yard is measured. (b) Rear lot line means the lot boundary opposite, or approximately opposite the front lot line. A lot bounded by only three lot lines will not have a rear lot line. (c) Side lot line means any lot line which is not a front or rear lot line. (d) Interior lot line means any lot line not abutting a street. (e) Exterior lot line or street lot line means any lot line abutting a street. (f) The Community Development Director may assign or designate lot lines for irregular shaped parcels. · · · . . . 15-06.440 Repealed. . 15-06.445 Mixed Use Development. The development of a lot or building with two or more different land uses, such as residential, commercial, office or public. 15-06.450 Motel. "Motel" means hotel, as defined in Section 15-06.360. 15-06.460 Nonconforming. "Nonconforming" means not in conformity with any of the regulations set forth in this Chapter. (a) Nonconforming use means a use of a structure or site, or both, which was lawfully established or maintained in compliance with all zoning regulations then applicable to such use, but which, by virtue of a subsequent rezoning, reclassification, or the adoption of or change in use regulations, no longer conforms with the use regulations of the district in which it is located. (b) Nonconforming structure means a structure which was lawfully constructed in compliance with all zoning regulations then applicable to the site, but which, by virtue of a subsequent rezoning, reclassification, or the adoption of or change in zoning regulations, no longer conforms with the standards of size, coverage, yard spaces, height, distance between structures, or other regulation of this Chapter for the district in which the structure is located. (c) Nonconforming facility means a structure or site, which conforms with the regulations of this Chapter but is used or occupied by one or more nonconforming uses. (d) Nonconforming lot means a single and separate parcel of land, which was !egallycreated, and a legal building site at the date of adoption of an ordinance rendering it nonconforming. (e) Nonconforming site means a site which was lawfully created in compliance with all zoning and subdivision regulations then applicable to the site, but which, by virtue of subsequent rezoning, reclassification, or the adoption of or change in zoning regulations, no longer conforms with the standards of area, frontage, width, depth, or other regulation of this Chapter for the district in which the site is located. . 15-06.470 Nursing home. "Nursing home" means a residential structure in which nursing, dietary and other personal services are rendered to six or more convalescents, invalids or elderly persons residing at the facility, and in which surgery or other medical treatment customarily given in hospitals is not performed. A convalescent home or rest home shall be deemed a nursing home. The term shall not include a so-called half-way house or rehabilitation center occupied by persons under treatment for alcoholism, drug abuse or any contagious disease. 15-06.480 Office. (a) Professional office means a use providing professional or consulting services. (b) Administrative office means a use providing facilities for the conduct of management and administrative functions of a business or other enterprise. . · (c) Medical office means a use providing consultation, diagnosis, therapeutic, preventative, or corrective personal treatment services by doctors, dentists, and similar practitioners of medical and healing arts for humans. . 15-06.485 Open space. "Open space" means as defined in the Open Space Element of the General Plan. 15-06.487 Parking District "Parking District" means an assessment district formed by the City of Saratoga for the purpose of providing shared parking for several individual properties. 15-06.490 Parking facility. "Parking facility" means an area on a site or within a building, or both, used or intended for use for parking of one or more motor vehicles, including aisles, access driveways, turning and maneuvering areas, clearances and similar features, and meeting the requirements established by this Chapter. The term includes garages, carports, parking lots and parking structures. 15-06.495 Perennial stream. · "Perennial stream" means a watercourse of persisting water flow throughout the year. . 15-06.500 Repealed. 15-06.510 Repealed. 15-06.516 Quasi-Public Use. "Quasi-Public use" means a use owned or operated by a nonprofit, religious, medical or charitable institution, having the primary purpose of serving the general public and providing educational, cultural, recreational, religious, or similar types of program$. 15-06.520 Property line. "Property line" means lot line, as defined in Section 5-06.430. · . 15-06.525 Protected creek. . . . "Protected creek" means any creek identified in the most recently available Maps of Flood Control Facilities and Limits of One Percent Flooding prepared by the Santa Clara Valley Water District, and as may be amended from time to time. . 15-06.530 Recreational court. "Recreational court" means any planked, paved or otherwise hard surfaced outdoor area used primarily for athletic activities, other than swimming pools, and including, but not limited to, courts for tennis, racquetball, paddle ball, squash, basketball, and similar activities. 15-06.540 Religious institution. "Religious institution" means a use providing facilities for organized religious worship and religious education and other activities incidental thereto. A property tax exemption obtained pursuant to Section 3(f) of Article XIII of the State Constitution and Section 206 of the State Revenue and Taxation Code, or successor legislation, constitutes prima facie evidence that such use is a religious institution. 15-06.550 Restaurant. "Restaurant" means any eating or drinking establishment having seating capacity which sells or offers for sale to the public any food or drink for immediate human consumption on the premises, and includes any coffee shop, cafeteria, short order cafe, luncheonette. tavern. bar, soda fountain or dining room. . 15-06.557 Restriction. "Restriction" means a limitation on property that may be created in a property deed, lease, mortgage, through certain zoning or subdivision regulations, or as a condition of approval of an application for development. 15-06.560 Retail establishment. "Retail establishment" means a use engaged in providing retail sale or rental of items primarily intended for consumer or household use. (a) Extensive retail establishment, as used with respect to parking requirements, means a retail use having more than seventy-five percent of the gross floor area used for display, sales and related storage of bulky commodities, including household furniture and appliances, lumber and building materials, carpeting and floor coverings, air conditioning and heating equipment, and similar goods, which uses have demonstrably low parking demand generation per square foot of gross floor area. (b) Intensive retail establishment, as used with respect to parking requirements, means any retail use not defined as an extensive retail establishment. . 15-06.570 Right-of-way. · · · "Right-of-way" means a strip or area of land used, or reserved or intended for use, as a street, road or alley, or to provide pedestrian or equestrian access, or public utility service, or any combination thereof, and includes all and any part of the entire width or other area of a designated right-of-way, whether or not such entire width or area is actually used for street, road, alley, pedestrian, equestrian or utility purposes. "Right-of-way" includes access, pedestrian, equestrian and utility easements. (a) Public right-of-way means a right-of-way owned by the City or any other public entity or public utility. (b) Private right-of-way means a right-of-way owned by and for the benefit of one or more persons, including a right-of-way offered for dedication to the City or to any other public entity which has not been accepted and on which no improvements or maintenance has regularly been performed by the City or other public entity. (c) Railroad right-of-way means a strip of land on which railroad tracks, spur tracks, sidings, switching equipment and signals are located, and includes the entire width or other area of the designated right-of-way, whether or not the entire width or area is actually used for such railroad facilities. e 15-06.575 Repealed. 15-06.580-Repealed. 15-06.585 Service establishment. e "Service establishment" means a use, not conducted within an office, providing services for the personal care of an individual or the fitting, cleaning, repair or maintenance of personal effects and not primarily for the sale of goods or merchandise. 15-06.587 Setback. "Setback" means the minimum distance between the structure and any lot line. 15-06.590 Setback line. "Setback line" means a line that is located at the required minimum distance from any lot line, which establishes area within which the principal structure, a fence or a wall greater than six (6) feet, and certain enclosed accessory structures listed in Section 15-80.030(d) must be erected or placed. 15-06.600 Shopping center. "Shopping center" means a group of five or more retail service establishments, planned, developed, owned or managed as a unit, with off-street parking provided on the site. 15-06.565 Sight Triangle e "Sight triangle" means a triangular-shaped portion of land established at street intersections pursuant to Section 15-29.010(e) in which nothing is erected, placed, or planted or allowed to e e e grow in such a manner as to limit or obstruct the sight distance of motorist entering or leaving the intersection. . 15-06.610 Sign. See Section 15-30.020 in this Chapter for definition of sign, sign area, sign height, sign program, illuminated sign, free standing sign, portable sign, identification sign, construction sign, directional sign, gasoline price sign, open house sign, political sign, real estate sign, special event sign and subdivision sign. 15-06.620 Site. "Site" means a lot, as defined in Section 15-06.420. (a) Gross site area means the total horizontal area included within the property lines of a single site. (b) Net site area means that portion of gross site area remaining after deducting therefrom the following: (1) Any portion of a site within the right-of-way of an existing public or private street, road or access easement, except an emergency access street. (2) Any portion of a site within the proposed right-of-way of a future street (except an emergency access street), as shown on an approved tentative subdivision map or a recorded subdivision map. (3) The portion of a flag lot constituting the access corridor lying between the front lot line and the frontage line of the corridor at the street. (4) Any portion of a site within an easement to the Santa Clara Valley Water District. (5) Those areas which are classified by the City Geologist as "Md" or "Mrf;" and (6) Any quarries, unless shown to be suitable for development, as determined by a detailed geotechnical analysis approved by the City Geologist. (c) Site frontage means the length of the front lot line. (d) Site width means the horizontal distance between side lot lines, measured at right angles to the site depth at a point midway between the front and rear lot lines, or if there is no rear lot line, at the midway points of the intersecting side lot lines. (e) Site depth means the horizontal distance from the midpoint of the front lot line to the midpoint of the rear lot line, or to the most distant point on any other lot line where there is no rear lot line. (f) Site coverage means the percentage of net site area covered by impervious surfaces including all structures, open or enclosed, or projections of structures. . 15-06.630 Slope. "Slope" means the average slope of the net site area determined by the following formula, and rounded to the nearest whole percent: Average slope is .00229/1 x L = A Where: I = Contour intervals in feet (at intervals of not more than five feet.) L = Combined length of contour lines in feet A = Net site area expressed in acres . · · · 15-06.640 Stable. . "Stable" means any building or structure or portion thereof designed or used for the housing or feeding of a equine or equines or other livestock. (a) Boarding stable means any stable or corral where equines are lodged or fed for remuneration. (b) Commercial stable means any establishment providing services or shelter for equines owned and used by someone other than the occupant or owner of the residence and including but not limited to boarding stables, riding schools, related shows, lessons, clinics and similar activities, but not including community stables. (c) Community stable means a private stable or corral designed, owned and used solely by residents and guests of a particular area, for the keeping or use of equines in private ownership, for homeowners, private clubs, or riding schools, where riding lessons are not open to the public and no equines are offered to the public for remuneration, hire or sale. 15-06.650 Storage. (a) "On-site storage" means the use of a site or structure, or portion thereof, for the keeping of materials, supplies, inventory, equipment, or other items of personal property owned by the occupant of the site or structure and kept in connection with such occupant's use of the premises. "Storage" does not include any area where merchandise offered for sale is on display or where retail services are otherwise being rendered, nor does the term include any area generally accessible to persons other than the occupant who may lawfully come upon the premises. (b) "Off-site storage" means the use of a site or structure, or portion thereof, for the keeping of materials, supplies, inventory, equipment, or other items of personal property which is not owned by the occupant of the site or structure. . 15-06.655 Story. "Story" means that portion of a building included between the surface of any floor and the surface of the floor next above, or if there is no floor above, then the space between the floor and the ceiling or roof next above. Basements are excluded from being considered a story. 15-06.660 Street. "Street" means an existing permanent public or private right-of-way, which is used as the principal means of access to abutting properties. (a) Public street means a street owned and maintained by the City, the County or the State, including streets offered for dedication, which have been regularly maintained or improved by the City, the County. or the State. (b) Private street means a street in private ownership and used or intended for motor vehicle travel by the owners of the street and persons having express or implied permission from the owners to use such street. Driveways serving four or fewer parcels are not considered streets. (c) Street line means the boundary of a street right-of-way. (d) Emergency access street. See Section 15-06.250. . 15-06.670 Structure. . . . "Structure" means that which is built or constructed which requires a location on the ground, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner. "Structure" includes retaining walls, decks, patios, swimming pools, and recreational courts but does not include a fence not exceeding six feet in height. (a) Main structure means a structure housing the principal use of a site or functioning as the principal use. (b) Accessory structure means a detached structure, the use of which is subordinate and incidental to, and customarily associated with, the main structure or the principal use of the site, and which is located on the same site as the main structure or principal use. The term includes, but is not limited to, detached garages or carports, cabanas, gazebos, arbors, sheds. . 15-06.680 Subdivision Ordinance. "Subdivision Ordinance" means the subdivision ordinance of the City as contained in Chapter 14 of this Code. 15-06.690 Swimming pool. "Swimming pool" means a pool, pond, open tank or tub capable of containing water to a depth of two feet at any point, the primary purpose of which is swimming, wading or other recreational use. The term includes spa and hot tub. 15-06.700 Use. . "Use" means the conduct of an activity, or the performance of a function or operation, on a site or within a structure. (a) Principal use means a use, which fulfills a primary function of a household, establishment, institution or other entity, or the primary function of a site or structure. (b) Accessory use means a use, which is subordinate and incidental to, and customarily associated with, a specified principal use, and which is conducted on the same site as the principal use. (c) Permitted use means a use listed by the regulations of any particuiar district as a permitted use within that district, and generally permitted therein as a matter of right when conducted in accord with the purposes, objectives and regulations established by this Chapter. (d) Conditional use means a use listed by the regulations of any particular district as a conditional use within that district, and allowable therein solely on a discretionary and conditional basis, subject to the issuance of a conditional use permit and to all other purposes, objectives and regulations established by this Chapter. (e) Change of use means the replacement of an existing use by a new use, or a change in the nature of an existing use, but not including a change of ownership, tenancy, or management where the previous nature of the use, line of business, or other function is substantially unchanged. 15-06.702 Variance "Variance" means permission to depart from the literal requirements of the Zoning Ordinance with respect to site area, site frontage, width and depth, and coverage, setbacks for front yards, side yards and rear yards, allowable floor area, height of structures, distance between structures, signs, off-street parking and loading facilities, fences, walls and hedges, and . · · · alteration or expansion of non-conforming structures, in accordance with the procedures and requirements set forth in this Chapter. The Planning Commission must make specific findings of fact (or the City Council on appeal) to grant this permission; see section 15-70 of this code. · 15-06.704 Vested right "Vested right" means a right that cannot be changed or altered by subsequent changes in regulation. 15-06.710 Village. "Village" means the area of the City subject to the Saratoga Village Specific Plan, as adopted by the City on May 18, 1988, and classified pursuant to this Chapter as either CH-1 or CH-2. 15-06.715 Watercourse. "Watercourse" means the elongated channel or depression whether natural or manmade, in which water does or may fiow and may include the overflow area, if any, of such channel or depression. 15-06.720 Yard. "Yard" means an area within a lot, adjoining and measured from a lot, street or plan line for a specified distance, open and unobstructed except for the uses and structures otherwise permitted the regulations of this Chapter (a) Yard measurement. Required yards shall be measured as the minimum horizontal distance from the iot line to a line parallel thereto on the site, except in the following cases: (1) Where a street line is located within the site, the required yard shall be measured from such street instead of the lot line. (2) On a site, which is not rectangular or approximately rectangular in shape, required yards shall be measured in such manner as determined by the Community Development Director or as prescribed by the Planning Commission. (b) Front yard means a yard measured into a lot from the front lot line (or such other line as may be applicable under subsection (a) of this Section), extending the full width of the lot between the side lot lines intersecting the front lot line. (c) Rear yard means a yard measured into a lot from the rear lot line (or such other line as may be applicable under subsection (a) of this Section), extending the full width of the lot between the side lot lines intersecting the rear lot line, provided that for lots having no defined rear Jot line, the rear yard shall be measured into the lot from the rearmost point of the iot depth to a line parallel to the front lot line. (d) Side yard means a yard measured into a lot from a side lot line (or such other line as may be applicable under subsection (a) of this Section), extending between the front yard and the rear yard. An exterior side yard is a side yard measured from an exterior lot line or a street or pian line; an interior side yard is a side yard measured from an interior lot line. · 15-06.740 Zoning Map · "Zoning Map" means the map or maps that are part of the zoning ordinance and delineate the boundaries of zone districts. · Section 3. Severance Clause. The City Council declares that each section, sub-section, paragraph, sub-paragraph, sentence, clause and phrase of this ordinance is severable and independent of every other section, sub-section, sentence, clause and phrase of this ordinance. If any section, sub- section, paragraph, sub-paragraph, sentence, clause and phrase is held invalid, the City Council declares that it would have adopted the remaining provisions of this ordinance irrespective of the portion held invalid, and further declares its express intent that the remaining portions of this ordinance should remain in effect after the invalid portion has been eliminated. . Section 4. Publication. This ordinance or a comprehensive summary thereof shall be published in a newspaper of general circulation of the City of Saratoga within fifteen days after its adoption. The foregoing ordinance was introduced and read at the regular meeting of the City Council of the City of Saratoga held on the _ day of , 2003, and was adopted by the following vote following a second reading on the _ day of _,2003: AYES: NOES: · ABSENT: . ABSTAIN: NICK STREIT, MAYOR ATTEST: CATHLEEN BOYER, CITY CLERK APPROVED AS TO FORM: RICHARD TAYLOR, CITY ATTORNEY · . . . . MEETING DATE: SARATOGA CITY COUNCIL AGENDA ITEM: ~ ç::. CITY MANAGER:&~~ /' DEPTHEAD: ~-- November 19, 2003 ORIGINATING DEPT: Community Development PREPARED BY: Thomas Sullivan, AICP SUBJECT: Second Reading of an Ordinance re Towing and Removal of Boats, Trailers and Inoperative Motor Vehicles from Private Property RECOMMENDED ACTION: Staff recommends the City Council grant second reading and adopts the ordinance amending Article 9-55 of the Saratoga City Code. REPORT SUMMARY: On November 5, 2003, the City Council conducted a Public Hearing and granted first reading to an Ordinance Amendments re Towing and Removal of Boats, Trailers and Inoperative Motor Vehicles from Private Property. The Code currently authorizes towing under appropriate circumstances. This ordinance would update the Code to conform to state law and recent court decisions. The ordinance (1) identifies the circumstances under which the City may tow or remove a boat, trailer, or inoperative motor vehicle (or parts of any of the foregoing) from private or public property (the Zoning Ordinance prohibits the storage of such items in certain locations in certain zoning districts) and (2) establishes procedures to be followed in towing or otherwise removing the affected boat, trailer or vehicle. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The definitions section of the Saratoga Code will remain out of date. ALTERNATIVE ACTION: The City Council could leave the current ordinance in place. FOLLOW UP ACTION: This ordinance or a comprehensive summary thereof shall be published in a newspaper of general circulation of the City of Saratoga within fifteen days after its adoption. The foregoing ordinance was introduced and read at the regular meeting of the City Council of . the City of Saratoga held on the 5 day of November, 2003, and was adopted by the following vote following a second reading on the 19 day of November, 2003: ADVERTISING, NOTICING AND PUBLIC CONTACT: NIA ATTACHMENTS: 1. Draft Ordinance . . 20f2 · · · ORDINANCE AN ORDINANCE AMENDING THE SARATOGA CITY CODE CONCERNING TOWING OR REMOVAL OF BOATS, TRAILERS AND ABANDONED, WRECKED, DISMANTLED, INOPERATIVE OR UNLAWFULLY STORED MOTOR VEHICLES FROM PRIVATE OR PUBLIC PROPERTY THE CITY COUNCIL OF THE CITY OF SARATOGA DOES ORDAIN AS FOLLOWS: Section 1. Findings. A. In order to preserve the public health, safety and welfare, the City of Saratoga currently prohibits the unenclosed storage of boats, trailers and abandoned, wrecked, dismantled or inoperative motor vehicles in the front yard and in specified side and rear yard areas. B. In the event of a violation of the foregoing CÜy Code provisions, it is occasionally necessary or convenient to tow or remove the offending boats, trailers andlor abandoned, wrecked, dismantled or inoperative motor vehicles from private property in order to obtain compliance with the City Code. C. This ordinance amends the City Code to specify the procedures to be followed and the circumstances under which boats, trailers and abandoned, wrecked, dismantled or inoperative motor vehicles may be towed or removed by the CÜy or Üs contractors from private property and is intended to comply with California Vehicle code Section 22661. Section 2. Adoption. A. Article 9-55 of the Saratoga City Code is hereby amended to read as follows: ABANDONED, WRECKED, DISMANTLED, INOPERATIVE, OR UNLAWFULLY STORED VEHICLES, TRAILERS AND BOATS 9-55.010 Findings and determinations. In addition to and in accordance with this legislative determination made by the City Council and the authority granted by the State pursuant to Section 22660 of the Vehicle Code, the City Council hereby authorizes the removal of abandoned, wrecked, dismantled, inoperative, or unlawfully stored vehicles, trailers or boats, or parts thereof, as public nuisances. The City Council hereby makes the following findings and declarations: the accumulation and storage of abandoned, wrecked, dismantled, inoperative or unlawfully stored vehicles, trailers or boats, or parts thereof, on private or public property is hereby found to create a condition tending to reduce the value of private property, to promote Page 1 0[9 Ordinance No. blight and deterioration, to invite plundering, to create fire hazards, to constitute a hazard to the health and safety of minors, to create a harborage for rodents and insects, and to be injurious to the health, safety, and general welfare. Therefore, the presence of an abandoned, wrecked, dismantled, inoperative or unlawfully stored vehicle, trailer or boat, or parts thereof, on private or public property, except as expressly permitted by the provisions of this Code (including but not limited to Sections 15-12.160, 15-13.160, 15- 17.060, and 15-80.060), is hereby declared to constitute a public nuisance which may be abated as such in accordance with the provisions ofthis Article. 9-55.020 Exemptions. (a) The provisions of this Article shall not apply to: (1) A vehicle, trailer or boat, or parts thereof, which is completely fenced or enclosed within a building in a lawful manner where the vehicle, trailer or boat, or parts thereof, is not visible from the street or other public or private property; or (2) A vehicle, trailer or boat, or parts thereof, which is stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler, licensed vehicle dealer, or junk dealer or when such storage or parking is necessary to the operation of a lawfully conducted business or commercial enterprise. (b) No exemption provided in subsection (a) above shall apply to any portion of any site if that site is: (1) zoned for agricultural use ("A" or "APOS") or (2) not improved with a residential structure containing one or more dwelling units. (c) The provisions of this Article shall apply in the absence of an exemption under subsection (a) above, and no notice of intention to abate and remove pursuant to Section 9-55.080 shall be required: (1) where the owner of the land and the owner (both registered and legal) of the vehicle, trailer or boat, or parts thereof, have signed releases authorizing removal and waiving further interest in the vehicle, trailer or boat or parts thereof; or (2) for removal of a low-valued boat, trailer or inoperative motor vehicle, or part thereof, that: (A) is inoperative due to the absence of a motor, transmission, or wheels; (B) is incapable of being towed; (C) is valued at less than two hundred dollars ($200) by a person specified in California Vehicle Code Section 22855; and (D) is determined by the City Manager to be a public nuisance presenting an immediate threat to public health or safety, provided that the property owner has signed a release authorizing removal and waiving further interest in the vehicle, trailer or boat, or part thereof. Final disposition of such a low- valued vehicle, trailer or boat, or part thereof, shall be pursuant to or consistent with Califomia Vehicle Code Section 22662. If evidence of registration has been recovered, the City shall provide notice to the registered and legal owners of intent to dispose of the vehicle, trailer or boat, or part thereof, prior to final disposition, and if the vehicle, trailer or boat, or part thereof, is not claimed and removed ITom the location specified in the notice within 12 days after the notice is mailed, final Page 2 of9 Ordinance No. . . . , e disposition may proceed. Neither the City nor any City contractor shall be liable for damage caused to a vehicle, boat, trailer, or part thereof, by removal pursuant to this subsection, (d) The provisions of this Section shall not authorize the maintenance of a public or private nuisance as defined under provisions of law other than Chapter 10 (commencing with Section 22650) of Division 11 ofthe Vehicle Code and this Article. 9-55.030 Application of other laws. The provisions of this Article shall not be the exclusive regulation of abandoned, wrecked, dismantled, or inoperative vehicles or of trailers or boats within the City. The provisions of this Article shall supplement and be in addition to any other regulatory codes, statutes, and laws heretofore or hereafter enacted by the City, the State or any other legal entity or agency having jurisdiction. . 9-55.040 Enforcement of AI·tide. The administration of this Article shall be by regularly salaried full-time employees of the City or any other lawfully authorized person or agency, except that the removal of vehicles, trailers or boats, or parts thereof from property may be by any other duly authorized person (including but not limited to a person to whom the City has issued a contract or franchise for such purpose). Additionally, any peace officer, as that term is defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, or any other employee of the state, county, or city designated by the City Council to perform this function, in the territorial limits in which the officer or employee is authorized to act, who has reasonable grounds to believe that a vehicle has been abandoned, as determined pursuant to Section 22523 of the California Vehicle Code, may remove the vehicle rrom a highway or from public or private property. Except as otherwise provided in this Article, it shall be the duty of all police officers and Community Service Officers appointed for such purpose, all deputies of the County Sheriff performing police services in the City, the City Manager, the Community Development Director, and the Public Works Director to enforce the provisions ofthis Article. 9-55.050 Right of entry of certain persons. All persons having authority to enforce this Article, as described in Section 9-55.040, and the authorized representatives of such persons, and any person acting pursuant to a contract or franchise granted by the City Council, may enter upon private or public property to examine, inspect or investigate a vehicle, trailer or boat, or parts thereof, or to obtain information as to the identity of the owner of such vehicle, trailer or boat, and to cause the removal of such vehicle, trailer or boat, or parts thereof, declared to be a nuisance pursuant to this Article. However, with respect to entry on private property, no such entry shall . Page 3 of9 Ordinance No. j occur in the absence ofthe consent ofthe owner and tenant without the written order of a . court of competent jurisdiction where required by law. 9-55.060 Administrative costs. The City Council shall ITom time to time establish by resolution an amount to be assessed as administrative costs, excluding the actual cost of the removal of any vehicle, trailer or boat, or parts thereof, for the purposes of administering the provisions of this Article. 9-55.070 Abatement and removal; authority. Upon discovering the existence of an abandoned, wrecked, dismantled, inoperative or unlawfully stored vehicle, trailer or boat, or parts thereof, on private or public property within the City, any person having authority to enforce this Article may cause the abatement and removal (including by towing) thereof in accordance with the procedure set forth in this Article. However, if such abatement and removal requires entry on private property, no such entry shall occur in the absence of the consent of the owner and tenant without the written order of a court of competent jurisdiction where required by law. 9-55.080 Notices of intention. Unless exempted under Section 9-55.020, not less than a ten day notice of intention to abate and remove a vehicle, trailer or boat, or parts thereof, as a public nuisance, shall be mailed by registered or certified mail to the owner of the land as shown on the last . equalized assessment roll and to the registered and legal owner(s) ofthe vehicle, trailer or boat as shown on the appropriate State registration (if any), unless the vehicle, trailer or boat is in such condition that identification numbers are not available to determine ownership. Such notices of intention shall be substantially the following forms: NOTICE TO LANDOWNER OF INTENTION TO ABATE AND REMOVE AN ABANDONED, WRECKED, DISMANTLED, INOPERATIVE, OR UNLAWFULLY STORED VEHICLE, TRAILER OR BOAT, OR PARTS THEREOF, AS A PUBLIC NUISANCE (Name and address ofthe owner of the land) As owner shown on the last equalized assessment roll of the land located at , you are hereby notified that the undersigned, pursuant to the provisions of Article 9-55 of Chapter 9 of the Saratoga City Code, has determined that there exists upon said land an abandoned, wrecked, dismantled, inoperative, or unlawfully stored vehicle, trailer or boat, or parts thereof, registered to , license or registration number . Ordinance No. . Page 4 of9 '. · showing as the legal owner, which constitutes a public nUisance. You are hereby notified to abate said nuisance by the removal of said vehicle, trailer or boat (or parts thereof) within ten (10) days after the date of the mailing of this notice, and, upon your failure to do so, the same will be abated and removed by the City of Saratoga and the costs thereof, together with administrative costs, shall be assessed to you as owner of the land on which said vehicle, trailer or boat (or parts thereof) is located. As owner ofthe land on which said vehicle, trailer or boat (or parts thereof) is located, you are hereby notified that you may, within ten (10) days after the mailing of this notice of intention, request a hearing, and, if such a request is not received by the City Clerk of the City of Saratoga within such ten (10) day period, the City of Saratoga shall have the authority to abate and remove said vehicle, trailer or boat (or parts thereof) as a public nuisance and assess the costs as aforesaid without a hearing. You may submit a sworn written statement within such ten (10) day period denying responsibility for the presence of said vehicle, trailer or boat (or parts thereof) on said land, with your reasons for denial, in lieu of appearing, and such statement shall be construed as a request for a hearing at which your presence is not required. If you timely request a hearing, you may appear in person at any hearing requested by you or by the registered or legalpwner of the vehicle, trailer or boat or, in lieu thereof, you may present a sworn written statement as aforesaid in time for consideration at such hearing. · Notice mailed (date) (Title of City Official sending the notice) NOTICE TO VEHICLE OWNER_OF INTENTION TO ABATE AND REMOVE AN ABANDONED, WRECKED, DISMANTLED, INOPERATIVE, OR UNLAWFULLY STORED VEHICLE, TRAILER OR BOAT, OR PARTS THEREOF, AS A PUBLIC NUISANCE (Name and address ofthe last registered and/or legal owner of record ofthe vehicle, trailer or boat; notice should be given to both if different) As last registered ~and/or legalj owner ofrecord of the following described vehicle, trailer or boat (make, model and license number), you are hereby notified that the undersigned, pursuant to the provisions of Article 9-55 of Chapter 9 of the Saratoga City Code, has determined that said vehicle, trailer or boat (or parts thereof) exists as an abandoned, · Page 5 of9 Ordinance No. ¡ ¡ wrecked, dismantled, or inoperative vehicle, trailer or boat at (address of the property on . which the vehicle, trailer or boat is located) and constitutes a public nuisance. You are hereby notified to abate said nuisance by the removal of said vehicle, trailer or boat (or parts thereof) within ten (10) days after the date of the mailing of this notice. As last registered fand/or legalj owner of record of said vehicle, trailer or boat (or parts thereof), you are hereby notified that you may, within ten (10) days after the mailing of this notice of intention, request a hearing, and, if such a request is not received by the City Clerk of the City of Saratoga within such ten (10) day period, the City of Saratoga shall have the authority to abate and remove said vehicle, trailer or boat (or parts thereof) as a public nuisance without a hearing. Notice mailed (date) (Title of City Official sending the notice) 9-55.090 Request for hearing; notice. (a) If a request for hearing is made by the owner ofthe vehicle, trailer or boat, or part thereof, or the owner of the land within ten days after the mailing of the notices of intention to abate and remove, a hearing shall be held by the Hearing Officer established . pursuant to City Code Section 3-15.070 on the question ofthe abatement and removal of the vehicle, trailer or boat, or parts thereof, as an abandoned, wrecked, dismantled, inoperative, or unlawfully stored vehicle, trailer or boat, and the assessment of the administrative costs and the costs of the removal of the vehicle, trailer or boat, or parts thereof, against the property on which the vehicle, trailer or boat, or parts thereof, is located. (b) If the owner of the land submits a swom written statement within such ten day period denying responsibility for the presence of the vehicle, trailer or boat, or parts thereof, on his land, such statement shall be construed as a request for a hearing which does not require his presence. Notice ofthe hearing shall be mailed at least ten days before the hearing to the owner of the land and to the owner of the vehicle, trailer or boat, or parts thereof, unless the vehicle, trailer or boat is in such condition that identification numbers are not available to determine ownership. (c) If no request for a hearing or sworn statement is received within ten days after the mailing of the notice of intention to abate and remove, the City shall have the authority to abate and remove the vehicle, trailer or boat, or parts thereof, as a public nuisance without holding a hearing. 9-55.100 Action by Hearing Officer. Ordinance No. . Page 6 of9 . \ e (a) All hearings requested by the owners of the vehicles, trailers or boats, or parts thereof, or by the owners of the land, as set forth in Sections 9-55.080 and 9-55.090, shall be held before the Hearing Officer who shall hear all facts and testimony he or she deems pertinent. Such facts and testimony may include testimony on the condition of the vehicle, trailer or boat, or parts thereof, and the circumstances concerning its location on private or public property. The Hearing Officer shall not be limited by the technical rules of evidence. The owner of the land may appear in person at the hearing, or present a sworn written statement in time for consideration at the hearing, and deny responsibility for the presence of the vehicle, trailer or boat, or parts thereof, on the land, with his reasons for such denial. (b) The Hearing Officer may impose such conditions and take such other action as he or she deems appropriate under the circumstances to carry out the purposes of this Article. The Hearing Officer may delay the time for the removal of the vehicle, trailer or boat, or parts thereof, if, in his or her opinion, the circumstances so justify. At the conclusion of the hearing, the Hearing Officer may find that a vehicle, trailer or boat, or parts thereof, has been abandoned, wrecked, dismantled, inoperative, or unlawfully stored on private or public property, order the same removed from the property as a public nuisance and disposed of as provided in this Article, and determine the administrative costs and the costs of removal to be charged against the owner of the land. The order requiring removal shall include a description of the vehicle, trailer or boat, or parts thereof, and the correct identification number and license number of the vehicle, trailer or boat, if available. ( c) If it is determined at the hearing that the vehicle, trailer or boat, was placed on the land without the consent of the owner of the land and that he or she has not subsequently consented to the presence of the vehicle, trailer or boat, or parts thereof, on his or her land, the Hearing Officer shall not assess the costs of administration or removal of the vehicle, trailer or boat against the property upon which the vehicle, trailer or boat is located or otherwise attempt to collect such costs from such owner of the land. (d) If the owner of the land submits a sworn written statement denying responsibility for the presence of the vehicle, trailer or boat on his or her land but does not appear at the hearing, such owner shall be notified in writing of the decision. The decision of the Hearing Officer shall be final. (Amended by Ord. 71-169 § 1 (part), 1997 and by Ord. 2003-~ 9-55.110 Removal. After the expiration of five days from adoption of the order declaring the vehicle, trailer or boat, or parts thereof, to be a public nuisance, or the expiration of five days from the date of mailing notice of the decision, if such notice is required by the provisions of Section 9- 55.100, the vehicle, trailer or boat,=or parts thereof, may be disposed of by removal to a scrapyard or dismantler's yard. After a vehicle has been removed it shall not thereafter be reconstructed or made operable, unless it is a vehicle which qualifies for either horseless carriage license plates or historical vehicle license plates pursuant to Section 5004 of the Vehicle Code. e . Page 7 of9 Ordinance No. · f 9-55.120 Notice of removal. Within five days after the date of removal of a vehicle, or parts thereof, notice shall be given to the Department of Motor Vehicles of the State identifying the vehicle, or parts thereof, removed. At the same time there shall be transmitted to the Department of Motor Vehicles any evidence of registration available, including registration certificates, certificates of title, and license plates. e 9-55.130 Assessments of costs. If the administrative costs and the costs ofremoval which are charged against the owner of a parcel ofland pursuant to the provisions of Section 9-55.100 are not paid within thirty days after the date ofthe order, such costs shall be assessed against the parcel of land pursuant to the provisions of Section 38773.5 ofthe Government Code and shall be transmitted to the County Tax Collector for collection. Such assessment shall have the same priority as other City taxes." B. Section 15-95.030 of the Saratoga City Code is hereby amended as set forth below. "15-95.030 Violations as constituting misdemeanor or infraction offense; penalties; public nuisance. (a) The violation of any provision contained in this Chapter is hereby declared to be unlawful and shall constitute a misdemeanor and a public nuisance subject to the penalties as prescribed in Chapter 3 of this Code, unless such violation is designated in subsection (b) of this Section as an inrraction offense. e (b) The violation of any ofthe following regulations contained in this Chapter is hereby declared to be unlawful and shall constitute an infraction and a public nuisance, subject to the penalties as prescribed in Chapter 3 of this Code: (1) Regulations concerning fences, walls and hedges, as set forth in Article 15-29. (2) Regulations concerning the keeping of horses and animals, as set forth in subsections 15-11.020(f) and (h), 15-12.020(e) and (g), 15-13.020(e) and (g), 15-14.030(e) and (g), and 15-14.040(g). (3) Regulations concerning the storage of personal property and materials, as set forth in Sections 15-12.160, 15-13.160, 15-17.160 and 15-80.060, subject to the provisions of Article 9-55. (4) Regulations concerning signs, as set forth in Article 15-30. (5) Regulations concerning home occupations, as set forth in Article 15-40. (6) Regulations concerning trees, as set forth in Article 15-50, and subject to the additional penalties as prescribed in Section 15-50.110. Ordinance No. e Page 8 of9 . e e . (7) Regulations conceming accessory uses and structures, as set forth in Section 15-80.030. (8) Regulations concerning radio and television antennas, as set forth in Section 15-80.080. (9) Regulations concerning construction trailers, as set forth in Section 15- 80.100." Section 3. Severance Clause. The City Council declares that each section, sub-section, paragraph, sub-paragraph, sentence, clause and phrase of this ordinance is severable and independent of every other section, sub-section, paragraph, sub-paragraph, sentence, clause. and phrase of this ordinance. If any section, sub-section, paragraph, sub-paragraph, sentence, clause or phrase of this ordinance is held invalid, the City Council declares that it would have adopted the remaining provisions of this ordinance irrespective of the portion held invalid, and further declares its express intent that the remaining portions of this ordinance should remain in effect after the invalid portion has been eliminated. Section 4. Publication. This ordinance or a summary thereof shall be published once in a newspaper of general circulation ofthe City of Saratoga within fifteen days after its adoption. The foregoing ordinance was introduced and read at the regular meeting of the City Council of the City of Saratoga held on the _ day of ,2003, and was adopted by the following vote following a second reading on the _ day of ,2003: AYES: NOES: ABSENT: ABSTAIN: MAYOR, CITY OF SARATOGA, CALIFORNIA ATTEST: CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY Page 9 of9 Ordinance No. . SARATOGA CITY COUNCIL 3(2, 6?3LL MEETING DATE: May 7, 2003 AGENDA ITEM: ORIGINATING DEPT: City Manager's Office CITY MANAGER: PREPARED BY: CDO~ DEPTHEAD: Cathleen Baver, Citv lerk SUBJECT: Resolution Amending the 2003-04 Operating Budget by Appropriating $5,500 for Improvements to the Saratoga Historical Museum. RECOMMENDED ACTION: Adopt resolution. REPORT SUMMARY: On October 15, 2003, Council directed staff to remove the Historical Museum improvements from the list of candidate CIP projects. At the November 5, 2003 meeting staff presented the project scope for the Historical Museum improvements and requested direction from the Council. . The City Council approved to fund the improvements to the Museum in the amount of $5,500. FISCAL IMPACTS: Funds will be appropriated from Council Contingency (001-1010-511-5002) in the amount of $5,500 and added to Facilities (001-1060-513-4015). CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The project would not be funded. ALTERNATIVE ACTION: Provide alternative funding source to staff. FOLLOW UP ACTION: NIA ADVERTISING, NOTICING AND PUBLIC CONTACT: . Posting of the agenda. ATTACHMENTS: Attachment A - Resolution RESOLUTION NO. - . A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA AMENDING THE 2003-04 OPERATING BUDGET BY APPROPRIATING $5,500 FOR IMPROVEMENTS TO THE SARATOGA HISTORICAL MUSEUM. WHEREAS, On October 15, 2003, Council directed staff to remove the Historical Museum improvement project from the list of candidate CIP projects; and WHEREAS, On November 5, 2003, staff presented the project scope for the Historical Museum improvements and requested direction from the City Council; and WHEREAS, the City Council made the approval to fund improvements to the Historical Museum in the amount of$5,500. NOW, THEREFORE, The City Council of the City of Saratoga hereby resolves as follows: The fiscal year 2003-04 operating budget is hereby amended by appropriating $5,500 to the facilities program from available council contingency to fund improvements to the Historical Museum. General Fund Facilities Council Contingency Addition $5,500 . Reduction $5,500 AND BE IT FURTHER RESOLVED, the above and foregoing resolution was passed, deemed effective, and adopted at a regular meeting of the Saratoga City Council held on the 19th day of November 2003 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Nick Streit, Mayor ATTEST: . Cathleen Boyer, City Clerk . . . SARATOGA CITY COUNCIL \"" "1 \1 MEETING DATE: November 19. 2003 AGENDA ITEM: ~ O~ ORIGINATING DEPT.: Community Development CITY MANAGER: ~ ~ PREPARED BY: JohnF.Livin stoneAICP fill- DEPT. HEAD: ~ Lata Vasudevan AICP SUBJECT: FY 2003 - 2004 CDBG County/City Contract RECOMMENDED ACTION: Adopt a Resolution authorizing the City Manager to execute a $348,975.00 contract with Santa Clara County for the FY 2003-2004 CDBG Program. BACKGROUND: On March 19, 2003 the City Council authorized the submittal of eight FY 2003-2004 CDBG funded projects totaling $172,200 and a transfer of a prior year CDBG allocation of $51,418.96 to the SHARP Revolving Housing Rehabilitation Loan Fund. At the beginning of each fiscal year, the County requests that cities receiving funds through the "Urban County Program" enter into a contract regarding the receipt and expenditure of these funds. The contract establishes the recipient cities' responsibilities and identifies new programs to be funded as well as identifying on-going programs and any "carry-over" of prior year's CDBG funds. There is always a delay in approving the new County/City contract as the County Counsel and each participating City Attorney review the contract in early fall. In addition, the program year does not officially close-out until mid-summer when the County and each city determine what carry-over funds are available for each project. The City Attorney has reviewed and approved the IT 2003-2004 CDBG CountylCity contract. FISCAL IMP ACT: If the City signs the CountylCity CDBG Contract, then the City becomes eligible to receive a new allocation of $172,200 in CDBG funds. In addition, the City will have access to unexpended funds in the amount of $176,775 from prior fiscal years for eligible FY 2003-2004 CDBG activities. ALTERNATIVE ACTION: If the City does not sign the CountylCity Contract, this would jeopardize the City's receipt ofFY 2003-2004 CDBG funds as well as carry-over CDBG funds. In addition, without the new CDBG funds, the City may have to fund previously approved CDBG activities with General Funds. . J I! ..' l FOLLO-W'Úi·'!.'\.CTION: Forward loutsigneqcopies of the County/City contract to Santa Clara County. · ATTACHMENTS: 1. Resolution 2. FY 2003-2004 County/City Contract · · . . . RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA AUTHORIZING EXECUTION OF A CONTRACT WITH SANTA CLARA COUNTY FOR THE FY 2003-2004 COMMMUNlTY DEVELOPMENT BLOCK GRANT PROGRAM WHEREAS, the County has agreed to the use by the City, as subrecipient, of a portion of County's CDBG Entitlement Program funds for a housing program to be operated within the County to benefit very low and low income households; and WHEREAS, the City has previously entered into a Joint Powers Agreement with Santa Clara County under the Housing and Community Development Act; and WHEREAS, the Saratoga City Council on March 19, 2003 approved the expenditure of $172,200 in CDBG funds for fiscal year 2003-2004 for the following projects: SASCC - Adult Day Care Program Project Match - Long Term Lease Senior Residence SASCC - Automatic Doors and Monitoring System City of Saratoga - Program Administration Hakone Foundation - ADA Improvements per Lease Agreement County of Santa Clara - County Rehabilitation Assistance SHARP Housing Rehabilitation Program $35,366.00 $33,000.00 $13,294.00 $15,000.00 $50,000.00 $20,000.00 $5,540.00 New CDBG 2002-2003 funded projects: $172,200.00 WHEREAS, the Saratoga City Council on March 19, 2003 approved the CDBG reallocation in the amount of $51 ,418.96 from a prior year Saratoga-Sunnyvale Rd. ADA Curb Ramp Upgrade Project (SA-03-42) to the new FY 2003-2004 SHARP Housing Rehabilitation Program. Total funds reallocated from prior year CDBG Project to new 2003-2004 Project: $51,418.96 WHEREAS, the City Council approves the expenditure of carry-over CDBG funds for the following projects: Sanitary Sewer Connection Project (SA-01-21) ADA Hakone Gardens (SA-02-41) ADA Hakone Gardens (SA-03-41) $41,058.54 $34,297.50 $50,000.00 Total carry-over of funded projects from prior years: $125,356.04 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Saratoga . hereby authorizes the City Manager to execute said CDBG CountylCity Contract in the total amount of$348,975.00 for fiscal year 2003-2004. PASSED AND ADOPTED this 19th day of November, 2003, by the following roll call vote: AYES: Councilmembers: NOES; Councilmembers: ABSENT: Councilmembers: APPROVED: Nick Streit, Mayor . ATTEST: Cathleen Boyer, City Clerk . · " e e e COMMUNITY DEVELOPMENT BLOCK GRANT COUNTY/CITY CONTRACT Contract No.SA-04-00 THIS Contract is made and entered into pursuant to the Catalog of Federal Domestic Assistance (CFDA) 14.218 by and between the COUNTY OF SANTA CLARA, a polítical subdivision of the State of California (hereinafter "COUNTY"), and the CITY/TOWN OF SARATOGA (hereinafter "CITY") participating as a member of the County of Santa Clara COMMUNITY DEVELOPMENT BLOCK GRANT (hereinafter "CDBG") Joint Powers Agreement. The aUocatíon of funds pursuant to th.is Contract shaU be a grant. COUNTY approved the aUocation and disbursement of CDBG funds to CITY on Mav 6, 2003. WITNESSETH WHEREAS, COUNTY has received CDBG Entitlement Program funds from the United States Department of Housing and Urban Development (hereinafter HUD) as an entitlement jurisdiction pursuant to the provisions of Title 1 ofthe Housing and Community Development Act of 1974, as amended; and, WHEREAS, COUNTY has agreed to the use by CITY, as a subrecipient, of a portion of COUNTY'S CDBG entitlement for a housing and community development program to be operated within COUNTY and which shaU benefit low and very low income households; NOW, THEREFORE, the parties agree as foUows; I. PROGRAM COUNTY agrees to allocate a portion of its CDBG entitlement, and/or program income as defined in 24 CFR 570 Subpart J, "Grant Administration" (570.504), to the CITY, as a subrecipient of the County being the sum of Three hundred forty-eight thousand nine hundred and seven tv-five Dollars ($348,975.00) for the purpose of reimbursing the City for costs incurred to implement the housing and community development program (hereinafter "PROGRAM"). PROGRAM is defined as projects and activities funded with th.is allocation by the CITY and described in detail in EXhibits "A" through "R." A lump súm figure is allocated for this Contract and the parties understand and agree that the allocation is distributed by the COUNTY through reimbursing the CITY for aUowed expenses, and no lump sum distribution of CDBG funds is made at the outset of this Contract. Reimbursement for Fiscal Year 2003/04 shaU not exceed the total sum of the beginning fiscal year Cash Control Sheet (fiscal year CDBG aUocation of funds to CITY, and roll-over of unexpended CDBG funds from previous years allocations to CITY). CITY is granted authority to also expend funds for eligible CDBG Housing activities from its approved rehabilitation program revolving loan fund account, including accrued Program Income. Such authority is based on CITY and its subrecipients being in compliance with all Federal Rules and Regulations governing the CDBG PROGRAM, and the COUNTY CDBG Reallocation Guidelines. Santa Clara County Office of Affordable Housing Housing and Community Development Program 1 FY 03/04 City/County Contract ~ ., As a condition of this Contract, CITY has provided numerous exhibits marked "A" through "D" as noted herein, attached to this Contract, incorporated by this reference, as though fully set forth . as foJ]ows: Exhibit "A." (Agency Description), Exhibit "B" (project Work Plan), Exhibit "c" (proposed Implementation Time Schedule), and Exhibit "D" (Budget). Attached hereto and incorporated herein are the County's Exhibits as follows: Exhibit "E" (Certifications), Exhibit "F" (Assurances), Exhibit "G" (Insurance), if applicable, Exhibit "H" (Urban County Rehabilitation Services), and Exhibit "r' (Contracting Principles Declaration) for all allocated CITY proj ects and activities awarded funding during Fiscal Year 2003/04. II. TERM A. The purpose of this Contract is for the COUNTY to disburse CDBG funds. Unless amended prior to its expiration, the term of this Contract for disbursement purposes will begin on Julv 1, 2003 and will terminate on June 30. 2004, or unless terminated earlier . pursuant to Section VI or Section VII of this Contract. Invoices requesting disbursements submitted after the expiration of the contract will be honored only for charges incurred during the Contract term and received prior to the processing cut-off date. B. The term of expenditure by CITY for the grant amount provided for herein shall begin on Julv 1,2003 and terminate on the earliest of the following dates as set forth herein: June 30. 2004, or later date per amendment to this Contract; the date of the expenditure of the total grant, and/or program income amount provided for herein; upon the termination date established pursuant to Section VI or Section VII of this Contract. . III. OBLIGATIONS OF CITY A. Certifications by CITY: 1. City must provide COUNTY with written certification that the following information is on file at the CITY offices, and is subject to monitoring by BUD and/or COUNTY (County's Housing and Community Development Department, "HCD") HCD staff, or their representatives. a. Names and addresses of the current CITY Manager and CITY Council members; and b. Records of all discussions and actions taken at CITY Council meetings pertaining to the CDBG PROGRAM. c. Information and housing objectives for the Consolidated Plan at the beginning of each program year. . Santa Clara County Office of Affordable Housing Housing and Community Development Program 2 FY 03/04 City/County Contract e e . B. PROGRAM Performance by CITY. I. Conduct the PROGRAM within Santa Clara County, for the purpose ofbenefiting low and very low income households. 2. File quarterly reports with COUNTY detailing adherence to the PROGRAM as described in Exhibits "A" through "D." The reports must document services rendered by the PROGRAM, describe the beneficiaries ofthe services, and evaluate the manner in which the PROGRAM is achieving its objectives and goals as a participating non-entitlement CITY. 3. Utilize minority and/or female owned business, vendors, suppliers, and contractors to the maximum extent feasible, for items funded pursuant to this Contract, in accordance with County policy, C. Fiscal Responsibilities of CITY. 1. Identify the CITY's fiscal agent who is responsible for financial activities of CITY, including the receipt and disbursement of CITY CDBG funds. CITY will notify COUNTY in writing of the appointment of any subsequently appointed fiscal agent and that agent's name. 2. Maintain an accounting system that conforms with generally accepted principles of accounting. The accounting system is subject to review and approval of COUNTY. 3. Comply with the audit requirements of OMB Circular A-133 which require compliance with the Single Audit Act for any subrecipient expending $300,000 or more of federal funds for the fiscal year. 4. Document all PROGRAM costs by maintaining records in accordance with Section ill, Paragraph D below. 5. Submit to the COUNTY documented requests for reimbursement. 6. Certify current and continuous insurance coverage of CITY, subject to approval of COUNTY and in accordance with requirements as outlined in Exhibit G "Indemnity and Insurance Requirements;" and obtain certificate of insurance from all subrecipients which will list CITY as additional insured. 7. Subparagraph C. 1) through 5) above are express conditions precedent to disbursement of any COUNTY funding and failure to comply with these conditions may, at the discretion of COUNTY, result in the suspension of funding or termination of specific projects in non-compliance; or initiate the suspension of funding or termination of this Contract as provided for herein. Santa Clara County Office of Affordable Housing Housing and Community Developmçnt Program 3 FY 03/04 City/County Contract 8. If CITY does not use CDBG funds in accordance with this Contract, CITY is liable for repayment of all disallowed costs and ineligible activities. Disallowed costs and ineligible activities may be identified through audits, monitoring or others sources: CITY will be required to respond to any adverse findings which may lead to disallowed costs, subject to provisions ofOMB Circular A-87, "Cost Principles for State and Local Governments," and A-l33, "Single Audits of State and Local Governments." CITY is required to respond to any adverse findings which may lead to ineligible activities, subj ect to provisions of 24 CFR Part 570.201-206 "Eligible Activities" and 24 CPR Part 570-207 "Ineligible Activities." . D. Establishment and Maintenance of Records by City 1. Maintain complete and accurate records of all its CDBG transactions including, but not limited to, contracts, invoices, time cards, cash receipts, vouchers, canceled checks, bank statements, client statistical records, personnel, property and all other pertinent records sufficient to reflect properly; 2. All direct and indirect costs of claims incurred or anticipated to be incurred to perform this Contract or to operate the PROGRAM; and E. Preservation of Records. CITY will preserve and make available its records: . 1. Until five years following expiration of this Contract, or 2. For such longer period, if any as is required by applicable law; or 3. If this Contract is completely or partially terminated, the records relating to the work terminated shall be preserved and made available for a period of five years from the date of termination. F. Examination of Records: At any time during norma! business hours, and as often as may be deemed reasonably necessary, CITY agrees that HUD and the COUNTY, and/or any authorized representatives may have access to and the right to examine Subrecipient CDBG records and facilities until expiration of: (a) five years after expiration ofthis Contract; (b) five years from the date oftermination of this Contract; or (c) such longer period as may be prescribed by law. The CITY must provide language in its Contracts with all Subrecipients stipulating that at any time during normal business hours, and as often as may be deemed reasonably necessary, Subrecipient agrees that HUD and the COUNTY, and/or any authorized . Santa Clara County Office of Affordable Housing Housing and Community Development Program 4 FY 03/04 City/County Contract . . . representatives may have access to and the right to examine Subrecipient CDBG records and facilities until expiration of: (a) five years after expiration of this Contract; (b) five years from the date of termination of this Contract; or ( c) such longer period as may be prescribed by law. CITY also agrees that COUNTY and any authorized representatives has the right to audit, examine, and make excerpts or transactions of and from, such records and to make audits of all contracts and subcontracts, invoices, payrolls, records of personnel, conditions of employment, materials and all other data relating tò the PROGRAM and matters covered by this Contract. CITY will be notified in writing of intended audits. CITY will be notified in writing of intended inspections of records and facilities and of intended audits no less than three business days before such inspections or audits. CITY is required to respond in writing to the HCD Program Manager any audit findings within 30 days of receipt of written audit findings. Responses will be included in the final audit report. G. Compliance with Law. CITY staff will become familiar and comply with and require all its subcontractors, independent contractors and employees, if any, to become familiar and comply with all applicable Federal, State and local laws, ordinances, codes, Regulations and decrees including, but not limited to, those Federal rules and Regulations, executive orders, and statutes identified in "F" ASSURANCES. Specifically, CITY will comply with the requirements of OMB Circular No. A-87, "Principles for Determining Costs Applicable to Grants and Contracts with State, Local and Federally recognized Indian Tribal Governments," and OMB Circular A-l33 "Audits of State and Local Governments." In addition, CITY will comply with Federal Regulations as cited in 24 CFR Part 570, Subpart J, and 24 CFR Part 85, and all other local, State or Federal laws applicable to this Program. H. Suspension and Termination. In accordance with 24 CFR 85.43, suspension or termination of this Contract may occur ifthe CITY materially fails to comply with any term of this Contract, and that the contract may be terminated for convenience or cause in accordance with 24 CFR 85.44 and Sections VI and Section vn below. 1. Reversion of Assets. Upon expiration or termination of this Contract, or in the event BUD cancels its Program for any reason, the CITY will transfer to the COUNTY any CDBG funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds. Any real property under the CITY's control that was acquired or improved in whole or in pari with CDBG funds (including CDBG funds provided to CITY in the form of a loan) in excess of $25,000 must be: Santa Clara County Office of Affordable Housing Housing and Community Development Program 5 FY 03/04 City/County Contract 1. Used to meet one of the national objectives stated in Title 24 CFR part 570.208 for a period of five years after expiration of this Contract, or for such longer period oftime as required by the COUNTY; or, . 2. Reimburse the COUNTY an amount equal to the current market value of the property, less any portion of the value attributable to expenditures ofnon-CDBG funds for acquisition of, or improvement to, the property (reimbursement is not required after the period of time specified in 1. 1. above). IV. OBLIGATIONS OF COUNTY A. Method ofPayroent. During the term oftlùs Contract, COUNTY will disburse CDBG funds to CITY on a reimbursement basis, unless otherwise provided herein, for all allowable costs and expenses incurred in connection with the PROGRAM. Reimbursement will not exceed the total sum of Three hundred forty-ei!!ht thousand nine hnndred and seventy-five Dollars ($348,975.00) as stated in the fiscal year Cash Control Record document plus all Program Income accrued during the fiscal year. Reimbursement may be retained, in part or in full, by COUNTY, in the event of CITY'S non-compliance to PROGRAM regulations and conditions. Substantial non-compliance includes, but is not limited to, incomplete documentation of expenses, failure to submit adequate documentation of PROGRAM progress as described in III, paragraph B.2, of this Contract, failure to provide and maintain an accounting system that isin conformance . with generally accepted principles of accounting, or based on the suspension or termination of the Grant to COUNTY made pursuant to the Housing and Community Development Act of1974, as amended. B. In the case of CITY substantial non-compliance prior to exercising any recourse authorized herein, COUNTY will initiate the following procedure: 1. Notify the CITY Coordinator in writing of the alleged substantial non-compliance . and request an immediate meeting between CITY Coordinator and COUNTY HCD Program Manager to resolve issue(s). Ifissue(s) is(are) not resolved satisfactorily within thirty (30) days, notify CITY Manager in writing requesting an immediate meeting between CITY Manager, CITY Coordinator and COUNTY HCD Program Manager to resolve the issue(s). 2. Determine if any portion of the reimbursement request meets all eligible criteria, and if so, authorize payment for the eligible portion of the reimbursement request; 3. Review the procedure to be followed pursuant to V. C. oftlùs Contract (CONTRACT COMPLIANCE, Corrective Action Procedure); and . Santa Clara County Office of Affordable Housing Housing and Community Development Program 6 FY 03/04 City/County Contract . . . 4. If applicable, forward a written report to BUD's Regional Office detaillng the substantial non-compliance issues and the steps being instituted to correct perforIIlance, copy to the CITY Manager. C. Compliance with Law. COUNTY shall become familiar and comply with and require all its subcontractors and employees, if any, to become familiar and comply with all applicable Federal, State and local laws, ordinances, codes, regulations and decrees including, but not limited to, those Federal rules and regulations, executive orders, and statutes identified in "F" ASSURANCES. Specifically, COUNTY shall comply with the requirements of OMB Circular No. A-87, "Principles for Determining Costs Applicable to Grants and Contracts with State, Local, Federally recognized Indian Tribal Governments," and OMB Circular A133 "Audits of State and Local Governments." In addition, COUNTY will comply with Federal Regulations as cited in 24 CPR Part 570, Subpart J, and 24 CFR Part 85, and all other Local, State or Federal laws applicable to this PROGRAM. V. PROGRAM COORDINATION A. The COUNTY Executive has assigned the HCD Program Manager to supervise the progress and performance required by this Contract. All services performed by COUNTY will be at the overall direction of the HCD Program Manager. B. CITY has designated John Livingstone to serve as CITY CDBG Program Coordinator, and City Manager Dave Anderson (or assignee approved by the CITY Council) assumes overall responsibility for the progress and performance ofthis Contract. CITY will immediately notif'y the COUNTY in writing, of the appointment of a new CITY CDBG Program Coordinator, or a new CITY Manager (or assignee approved by the CITY Council). C. NOTICES. All notices or other correspondence required or contemplated by this Contract must be sent to the parties at the following addresses: COUNTY: Charles Chew, HCD Program Manager Office of the County Executive Office of Affordable Housing Housing and Community Development Program 1735 North First Street, Suite 265 San Jose, CA 95112 Santa CJara County Office of Affordable Housing Housing and Community Development Program 7 FY 03/04 City/County Contract CITY: City of Saratoga Name of CITY 13777 Fruitvale Avenue Address of CITY Saratoga. CA 95070 Address of CITY (Continued) Dave Anderson Name of CITY Manager . AIl notices must either be hand delivered or sent by United States rnail, registered or certified, postage prepaid. Notices given in such a manner will be deemed received when hand delivered or seventy-two (72) hours after deposit in the United States mail. Any party may change his or her address for the purpose of this section by giving five days written notice of such change to the other party in the manner provided in this section. VI. CONTRACT COMPLIANCE A. Monitoring and Evaluation of Services. Evaluation and monitoring of the PROGRAM performance is the mutual responsibility of COUNTY and CITY, with the understanding that BUD looks to COUNTY as the sole responsible party for meeting PROGRAM requirements. CITY will furnish data, statements, records, information and reports as mutually agreed to by CITY and COUNTY as necessary for COUNTY to monitor, review and evaluate the performance of the PROGRAM and its components. COUNTY has the right to request the services of an outside agent to assist in any such evaluation. Such services will be paid for by COUNTY. . B. Contract Non-compliance; If CITY fails to comply with any provision of this Contract (24 CFR 85.43 "Enforcement"), COUNTY has the right to terminate this Contract or to require corrective action to enforce compliance with such provision. Examples ôfnon- compliance include but are not limited to: . 1. If CITY (with or without knowledge) has made any material misrepresentation of any nature with respect to any information or data furnished to COUNTY in connection with the PROGRAM. 2. If there is pending litigation with respect to the performance by CITY of any of its duties or obligations under this Contract which may materially jeopardize or adversely affect the undertaking of or the carrying out ofthe PROGRAM. The CITY and COUNTY may negotiate a reinstatement of this Contract following termination or conclusion of such litigation. 3. If CITY has taken any action pertaining to the PROGRAM, which action required COUNTY approval, and such approval was not obtained. 4. If CITY is in default pursuant to any provision of this Contract . Santa Clara County Office of Affordable Housing Housing and Community Development Program 8 FY 03/04 City/County Contract .- . . . 5. If CITY makes improper use of COUNTY funds. 6. If CITY fails to meet all provisions ofthe COUNTY CDBG Reallocation Guidelines, or the Joint Powers Agreement currently in full force and effect between the parties hereto. C. Corrective Action Procedure. COUNTY, in its absolute discretion and ii:1lieu of immediately terminating this Contract upon occurrence or discovery of noncompliance by CITY pursuant to this Contract, will have the right to give CITY notice of COUNTY'S intention to consider corrective action to enforce compliance. Such notice must indicate the nature of the non-compliance and the procedure whereby CITY will have the opportunity to participate in formulating any corrective action recommendation In the event that CITY does not implement the corrective action recommendations in accordance with the corrective action timetable, COUNTY may suspend payments hereunder or terminate this Contract as set forth in Section vn below. Once non-compliance is established, the following procedure will be initiated: 1. COUNTY HCD Program Manager and CITY Manager will negotiate a time frame and course of action for correcting the non-compliance; 2. CITY will provide COUNTY with a written plan and time frame for correcting the non-compliance issue (8). Such plan must be submitted byCITY to COUNTY within thirty (30) days of the initial non-compliance meeting between CITY and COUNTY; 3. CITY must initiate the corrective action procedure within sixty (60) days of the initial non-compliance meeting between the COUNTY HCD Program Manager and the CITY Coordinator (COUNTY, at their discretion, may extend this time line for extenuating circumstances); 4. COUNTY will have the right to require the presence of CITY officers at any hearing or meeting called for the purpose of considering corrective action; and 5. CITY has the right to appeal all findings of non-compliance, and subsequent corrective action, with both the COUNTY Board of Supervisors and BUD. VII. TERMINATION A. Termination for Cause. COUNTY may terminate this Contract by providing written notice stating the date of termination, to CITY for any of the following reasons: 1. Uncorrected Contract non-compliance as defined in VI, B which has not been Santa Clara County Office of Affordable Housing Housing and Community Development Program 9 FY 03/04 City/County Contract addressed or resolved within the aforementioned corrective action plan time period; . 2. If CITY is in bankruptcy or receivership; 3. If a member of CITY'S Executive Management staff is found to have committed fraud in connection with the CDBG program (termination is applicable only to that portion of the CDBG program for which the person who committed fraud is responsible); 4. If there is reliable evidence that CITY is unable to operate the PROGRAM. B. Termination for Convenience. In addition to the COUNTY'S right to terminate for cause as set forth in Section VII, either COUNTY or CITY may suspend or terminate this Contract for any reason upon mutual consent by giving thirty (30) days prior written notice to the other party. Upon receipt of such notice, performance of the services hereunder will be immediately discontinued. C. In addition to the COUNTY'S right to terminate for cause set forth in Section VII, either COUNTY or CITY may suspend or terminate this Contract as provided for in 24 CFR 570, at Subpart J "Grant Administration," and/or 24 CFR 85.44 "Termination for Convenience." Provisions of the Reallocation Guidelines will apply, but may be adjusted iftefIDÍnation is for cause. . D. Upon termination, CITY will: 1. Be reimbursed for all documented allowable costs and expenses incurred in connection with the Project up to the date of such termination. COUNTY shall be obligated to compensate CITY only for allowable costs and expenses as determined by an audit or other monitoring method; 2. Turn over to COUNTY immediately any and all copies of studies, reports and other data, whether or not completed, prepared by CITY or its subcontractors, if any, in connection with this Contract. Such materials shall become property of COUNTY. CITY, however, shall not be liable to COUNTY'S use of incomplete materials or for COUNTY'S use of completed documents if used for other than the services contemplated by this Contract; and 3. Transfer to the COUNTY any CDBG funds on hand and any accounts receivable attributable to the use ofCDBG funds. All assets acquired with CDBG funds shall be returned to the COUNTY unless otherwise negotiated by separate contract per the provisions of the COUNTY CDBG REALLOCATION GUIDELINES. . Santa Clara County Office of Affordable Housing Housing and Community Development Program 10 FY 03/04 City/County Contract e E. e e Upon termination of this Contract, CITY will immediately provide COUNTY access to all documents, records, payroll, minutes of meetings, correspondence and all other data pertaining to the CDBG entitlement fund granted to CITY pursuant to this Contract. VIII. PURCHASING REAL OR PERSONAL PROPERTY CITY and COUNTY must comply with all applicable Federal Regulations as detailed by 24 CFR Part 570, Subpart J, i.e. 570.500 (Definitions), 570.503 (Agreements with Subrecipients), 570.504 (program Income), and 570.505 (Use of Real Property), with regards to the use and disposal of Real or Personal Property purchased in whole, or in part, with CDBG funds. In addition, 24 CFR Part 85 (the Common Rule) includes definitions which apply toCDBG Real. Property, however, the Common Rule section governing Real Property (CFR 85.31) DOES NOT APPLY TO CDBG ACTNITIES. A. The following definitions apply to this Contract pursuant to 24 CFR, Part 58 (Common Rule) 85.3: 1) Equipment means tangible, non-expendable, personal property having a useful life of more than one year and an acquisition cost of$5,OOO or more per unit. 2) Title as defined in detail in 24 CFR, Part 85.32 (a). 3) Use as defined in detail in 24 CFR, Part 85.32 © (1). 4) Supplies as defined in detail in 24 CFR, Part 85.33. 5) Procurement, Use and Disposition of Real Property as defined in detail by 24 CFR, Part 570.503 (Agreements with Subrecipients), 570,505 (Use of Real Property), and 570.504 (program Income). B. Security Document. As a condition precedent to COUNTY granting funds for the purchase ofreal property or an option to purchase real property, CITY will prepare and require its subreceipient(s) to execute a Loan Agreement, Promissory Note, Deed of Trust and such other Contracts restricting the use of said real property for purposes consistent with this Contract, BUD and CDBG requirements. c. Grants. If a grant is provided for the acquisition of real property, CITY will require its subreceipients(s) to continually operate its Project for a minimum period of six (6) years from the effective date of this Contract. This obligation will survive the term of Cities contract with its subreceipient(s), the assignment or assumption of this Contract and the sale of the property prior to expiration of the obligation period as set forth in this paragraph. If this obligation is not fully met, CITY may be required to reimburse the COUNTY. The COUNTY may consider, but will not be limited by, the following factors in calculating the reimbursement obligation: initial grant sum; the duration of the initial Santa Clara County Office of Affordable Housing Housing and Community Development Program 11 FY 03/04 City/County Contract contractual obligation to operate the Project versus the actual duration of operation; and . the appreciated value. D. Relocation, Acquisition, and Displacement. CITY agrees to comply with 24 CFR 570.606 relating to the acquisition and disposition of all real property utilizing CDBG funds, and to the displacement of persons, businesses, and non-profit organizations as a direct result of any acquisition of real property utilizing CDBG funds. CITY agrees to comply with applicable state laws, County Ordinances, Resolutions, and Policies concerning displacement of individuals from their residences. IX. PROGRAM INCOME Income generated by the Project is Program Income and shall be regulated by all provisions of Title 24 CFR 570 Subpart J "Grant Administration," 570.503 "Agreements with Subrecipients," and 570.504 "Program Income." In addition, all provisions of the COUNTY REALLOCATION GUIDELINES apply to this Contract. CITY must quarterly report all program income generated by activities carried out with CDBG funds made available under this Contract. By way of further . limitations, CITY may use such income during the Contract term for activities permitted by this Contract and shall reduce requests for additional funds by the amount of any such program income balances on hand. All unused program income will be returned to the COUNTY at the end of the Contract term with the exception of Rehabilitation Loan payments. x. INDEPENDENT CONTRACTOR . This is a Contract by and between independent contractors and is not intended and will not be construed to create the relationship of agent, servant, employee, partnership, joint venture or association between CITY and COUNTY. CITY, including its officers, employees, agents, independent contractors or subcontractors, will not have any claim arising from the terms of this Contract or otherwise against COUNTY for any Social Security, Worker's Compensation, or employee benefits extended to employees of COUNTY. XI. ASSIGNABILITY A. None ofthe work or services to be performed hereunder may be assigned, delegated or subcontracted to third parties without the prior written approval of COUNTY. Copies of all third party contracts must be submitted to COUNTY at least ten days prior to the proposed effective, date. In the event COUNTY approves of any such assignment, delegation or sub-contract, the subcontractors, assignees or delegates will be deemed to be employees of CITY, and CITY will be responsible for their performance and any liabilities attaching to their actions or omissions. . B. This Contract may not be assumed nor assigned to another CITY, person, partnership or any other entity without the prior written approval of COUNTY. The use of the word "employees" in this paragraph is limited solely to activities by those persons described herein, related to the management and potential repayment of the program funds provided . Santa Clara County Office of Affordable Housing Housing and Community Development Program 12 FY 03/04 City/County Contract e e e for in the Contract. The use of the term here does not create liability for personal injuries, worker's compensation or other forms ofliability, obligation or responsibility which flow from employee/employer relationships. XII. DISCLOSURE OF CONFIDENTIAL CLIENT INFORMATION COUNTY and CITY agree to maintain the confidentiality of any information regarding applicants for services offered by the PROGRAM pursuant to this Contract or their immediate families which may be obtained through application forms, interviews, tests, reports from public agencies or counselors, or any other source. Without the written permission of the applicant, such information may be divulged only if permitted by law or as necessary for purposes related to the performance or evaluation of the services and work to beprovided pursuant to this Contract, and then only to persons having responsibilities pursuant to this Contract, including those furnishing services for the PROGRAM through approved subcontracts. XIII. HOLD HARMLESS In addition to the indemnity obligations set forth in Exhibit G, "Indemnity and Insurance Requirements," CITY must indemnify and hold harmless the COUNTY, its employees, agents, and officials, members of boards and commissions, from any and all claims, actions, suits, charges and judgments whatsoever, with respect to any damages, including attorney's fees and court costs, arising out ofthe failure ofthe CITY's PROGRAM or its subreceipient(s) failure (for CITY) to comply with applicable laws, ordinances, codes, regulations and decrees, including without limitation those set forth in Exhibit E, "Certifications." XIV. . WAIVER OF RIGHTS AND REMEDIES In no event will any payment by COUNTY constitute or be construed to be a waiver by COUNTY of any breach of the covenants or conditions of this Contract or any default which may then exist on the part of CITY, and the making of any such payment while any such breach or default exists will in no way impair or prejudice any right or remedy available to COUNTY with respect to such breach or default. In no event will payment to CITY by COUNTY in any way constitute a waiver by COUNTY of its rights to recover from CITY the amount of money paid to CITY on any item which is not eligible for payment from the PROGRAM or this Contract. XV. NON-DISCRIMINATION CITY will comply with all applicable Federal, State and local laws and regulations including Santa Clara County's policies concerning nondiscrimination and equal opportunity in contracting. Such laws include but are not limited to the following: Title VII of the Civil Rights Act of 1964 as amended; Americans with Disabilities Act of 1990; The Rehabilitation Act of 1973 (Sections 503 and 504); Califomia Fair Employment and Housing Act (Government Code sections 12900 et seq.); and California Labor Code sections 1101 and 1102. CITY wiJI not discriminate against any subcontractor, employee, or applicant for employment because of age, race, color, national origin, ancestry, religion, sexlgender, sexual orientation, mental disability, Santa Clara County Office of Affordable Housing Housing and Community Development Program 13 FY 03/04 City/County Contract physical disability, medical condition, political beliefs, organizational affiliations, or marital .- status in the recruitment, selection for training including apprenticeship, hiring, employment, ., utilization, promotion, layoff, rates of payor other forms of compensation. Nor will CITY discriminate in provision of services provided under this contract because of age, race, color, national origin, ancestry, religion, sexlgender, sexual orientation, mental. disability, physical' disability, medical condition, political beliefs, organizational affiliations, or marital status. This non-discrimination provision must be included in CITY's contracts with its subrecipient(s) and vendors when utilizing the CDBG funds. XVI. AMENDMENTS A. Amendments to the terms or conditions ofthis Contract must be requested in writing by an authorized representative of the party desiring amendments, and any amendment will be effective only upon the mutual agreement in writing of the parties hereto. Amendments will not invalidate this Contract, nor relieve or release the COUNTY or the CITY from its obligations under this Contract. B. During the Contract term, CITY may choose to transfer funds within the PROGRAM described in Exhibits "A through D." Fund transfers exceeding $10,000 as well as new projects added to CITY's PROGRAM, require COUNTY's approval and may require an amendment to this Contract. XVII. INTEGRATED DOCUMENT e This Contract, in conjunction with the Santa Clara County CDBG Joint Powers Agreement, contains the entire agreement between COUNTY and CITY with respect to the subject matter hereof. No written or oral agreements, other than the Santa Clara County CDBG Joint Powers Agreement, with any officer, agent or employee of COUNTY prior or subsequent to execution of this Contract will affect or modifY any of the terms or obligations contained in any documents comprising this Contract. XVIII. MISCELLANEOUS A. The captions and section headings used in this Contract are for convenience of reference only, and the words contained therein in no way explain, modifY, amplifY or aid in the interpretation, construction or meaning of the provisions of this Contract. e Santa Clara County Office of Affordable Housing Housing and Community Development Program 14 FY 03/04 City/County Contract . B. All exhibits attached hereto and referred to in this Contract are incorporated herein by this reference as if set forth fully herein. Exhibit "A" (Agency Description), Exhibit "B" (project Work Plan), Exhibit "C" (proposed Implementation Time Schedule), Exhibit "D" (Budget), Exhibit "E" (Certifications), Exhibit "F" (Assurances), Exhibit "G" (Insurance), Exhibit "H" (Urban County Rehabilitation Services) and Exhibit "f' (Contracting Principles Declaration). C. The persons signing below are duly authorized to execute this Contract. IN WITNESS WHEREOF, the parties have executed this as indicated below. CITY OF: COUNTY OF SANTA CLARA: By: By: Date Donald F. Gage Date Print Name ATTEST: CITY Manager ATTEST: Phyllis Perez Date . Clerk, Board of Supervisors CITY Clerk APPROVED AS TO FORM AND LEGALITY: APPROVED AS TO FORM AND LEGALITY: Leslie Orta Date Deputy County Counsel CITY Attorney Date Print Name Cities File - City Contracts 03/04 City Contract AMcC/grg 8/26/03 . Santa Clara County Office of Affordable Housing Housing and Community Development Program 15 FY 03/04 City/County Contract -u ~ :I (f) C (f) -u » » » (f) ~ .2. Q) :I a- :po ¡¡; 0 0 0 Q) > , 6' » Q) (f) ::¡ :po » » ;1. $: '" (f) ;u ::¡ ::¡ it Q. 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CARRY-OVER PROJECT FOR 2003/04 PROGRAM YEAR EXHIBITS "A" THROUGH "D" FOR THIS PROJECT ARE SHOWN ON TillS PAGE PROJECT NUMBER: SA-01-21 PROJECT NAME: Sanitary Sewer Connection Project CONTRACT AGENCY NAME. ADDRESS AND PHONE NUMBER: City of Saratoga 13777 Fruitvale Ave. Saratoga, CA 95070 408·868-1222 ALLOCATION: $41,058.54 (balance) Tota] aJ]ocation was $87,271.00 PROJECT DESCRIPTION: This project involves assisting low-income Saratoga residents in abating septic systems and connecting to the public sanitary sewer system. The grant would cover the cost of septic abatement, sanitation permit fee, building permit fee, and actual hookup to the public sewer system. PROPOSED WORK PLAN Fund low income residents who meet the Council adopted e1igibility guidelines to receive a grant to connect to the public sewer facility until all funds are expended. PROJECT PROGRESS Since funds were initially allocated, five Saratoga residents have connected to the public sewer system. Two applications were reviewed during the first quarter of FY 02/03. Both applications were denied. Septic abatement for one low-income Saratoga resident was completed in July 0 f 2003. Reimbursement will be requested from Santa Clara County once CountylCity contract has been executed. PROPOSED IMPLEMENTATION TIME SCHEDULE: Ongoing until all funds are expended. " CARRY -OVER PROJECT FOR 2003/04 PROGRAM YEAR Exhibit A COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (FY 2003/2004) AGENCY DESCRIPTION . DATE NDV. b 'Z-= ~ CONTRACT AGENCY NAME AND ADDRESS: Cifj of Scc.rcd-o~ a.. - HC<.kD\o'\L6tC<Yd.VAS :PO ßo'(.- Z-3í1-1- ¥. . S tV/"O..-l-oCU ð.. ) CA '1 "5 è) --::r- D Telephone---408 - -=t4-1 - 4 'ì '1 4- FAX 10ß - 7-41 - +11 ~ Executive Director LDV\ 5tìa vt.O..VZL. 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DATE /\/ fJ1J. 0, '2.00 ~ I CONTRACT AGENCY NAME AND ADDRESS: C1-<j ~ ~~~- Hcdc1JvtL ~ . 1- fð eo/- 2...32<1- S~~ ) rA q 6ò7-D Telephone_4ö 'ò - 7-4 I - 1-'1 c¡ "' FAX 10R -1-1/- 4'1 'î?;;' Executive Director U;v.. 5 ~ PROJECT# SA - o~ -4 ¡ PROJECT NAME AND ADDRESS: At/4 ~~.<" (Þkì -~'!'eu-.d lJJ~ ~)- Zlo OD Bif) ßHJIA.- LJ~ 5~~,(A- c¡c;,ò1-D líMhìJ AllDu,-t-t'Y\o1.· .$'50 J Doò ernail b I!.- í-w../zvvu. . urwJ >¥f~ ~~ c;l:jof&~~ p~',-- Lù~ o....M CCi~ kc..,ç/t:..!" - 6Gß- 12../6 ) A~,",,·<>--t /Mfi-- PROæCT DESCRIPTION . Please specifically describe how these funds will be used and how many beneficiaries will be served during the contract period. Please be consistent with Attachments B - D. Do not describe your agency's overall operation. . «?\~~ fD ~l-r;kA-D FrcSÁ-02-4J~ .. grg/6/30/03 '- . '" Q<> ::1-6' ~ 'U l) '" ~í~ '" ;a <:; 3'ö C/ '" "''''ö 0 m i f"~ ()§¡o ... Z ::J'" _.::J m 0 0) 3!!1. 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" m tD V'~~ '\It. s: ~ » ..Þ ~~ 0 ;0 \ ~ ....P ~ C> ;;: <:.> " » 4""P- C> \ ¡ C'\ '" "1J , ;0 + ?_t' (i) . - Yj ... s: ~v ~ ?( -. . it ~. <... t c z i) I\,,~ 1- ( ¡ ~ --I 0 --I » r- "C ~ c.; Q Z ~ m ~ m z () -< z » ¡;¡: m f "C ~ f <- m s¡ ~ "11 1 -<[ :J ~ ~c: - CO ~ø Nm C-I C .þ. (f) c Q) .. :J - - (1) Q) () "C ¡¡; @ ~ ~ Q) .. () @ 0 c. C :J - ç '< I m () 0 >< ::r ~ ë= <:> ;:;: 0". 0 EXHIBIT A coMMUNITY DEVELOPMENT BLOCK. GRANr PROGRAM - n 2002/2003 G No\! e-""ß'êR (,¡ ?.oo3 PROJECT# SA- 0 3 -4~ e APPLICANT AGENCY: PROJECT NAME AND ADDRESS: .Name City of Saratoga Saratoga-Sunnyvale Rd Curb Ramp Address 13777 FruitvaleAve. Upgrade Project saratoga, CA 95070 Saratoga, CA. 95070 Telephone (408) 8.68-1218 FAX (408) 868-1281 'Íc:>iÁ.l. Å/../..O'-AiICtJ:: ,'5 (14\ ß. í<., THE AMOUNT OF $51,418.96 ALLOCATED TO THIS PROJECT HAS BEEN APPROVED BY CITY COUNCIL TO BE TRANSFERRED TO SA-04-51 SHARP REVOLVING REHAB PROGRAM. Disabilities Act (ADA)-compLi~nt curb ramps at locations along with saratogae The proposed project involves the installation of 3'0 Americaps ..or;: Sunnyvale Road, between Prospect Road and Seagull Way. These ramps will np ;n~~Ml1eà in coniunction with the City's Saratoga Gateway Project, whicl is a Saratoga capital improvement project scheduled for this upcoming summE These ramps will provide increased accessibility and safety at intersectior crosswalks along Saratoga-Sunnyvale Road. The installation of the curb ramps will involve removing a portion of the exi~~ i na sidewalk, tvpicallv at a street corner, and replacing the,_S'e~tion with a concrete ,ramp. The ramp dimensions and specifications are derived from the cur~ent edition of the California Department of TransPortation (Cáltrans) Standards and Specifications book, and the Caltrans Standarde 1 Plans book and/or the Standard Plans for Public Works Construction "Green- oak" The attached vicinit rovides the approximate locations of the curb ramps. The. .tndi vidual desiqns will confnrm '1'" ...,,~~~_.. ...... . ~_. ~ __ - -- . . . NEW PROJECT FOR 2003/04 PROGRAM YEAR EXHIBITS "A" THROUGH "D" FOR THIS PROJECT ARE SHOWN ON THIS PAGE PROJECT NUMBER: SA-04-91 PROJECT NAME: General Administration CONTRACT AGENCY NAME, ADDRESS AND PHONE NUMBER: City of Saratoga Community Development Department 13777 Fruitva1e Avenue Saratoga, CA 95070 408-868-1235 ALLOCATION: $15,000 PROJECT DESCRIPTION: This project covers a portion of the salary paid to an Assistant Planner and Associate Planner who coordinate the Community Development Block Grant activities for the City of Saratoga, These activities incJude preparing aU reJated reports, contracts and correspondence; managing the annual CDBG allocation disbursement process, monitoring the grantees, and acting as a Jiaison between the City and the County Housing and Community DeveIopment program. PROPOSED IMPLEMENTATION TIME SCHEDULE: This project is ongoing during the FY 2003-2004 funding cycle, . Exhibit A COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FY 2003/2004 . AGENCY DESCRIPTION Exbibit A COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FY 200312004 AGENCY DESCRIPTION DATE: Januarv3L2003 PROJECT#: SÁ-D4-54 APPLICANT AGENCY: PROJECT NAME & ADDRESS: Name: Sarato~a Area Senior Coordinating Council Sarato~a Adult Care Center- Automatic Doors and Monitoring System Address: P.O Box 3033 ¡ 9655 AlJendaJe Ave. Saratoga, Ca 95070 Saratoga. Ca 95070 . Contact Person Telephone: (408) 868-1253 email Address: Seanry95032@yahoo.com FAX: (408) 868-9546 PROJECT DESCRIPTION The Saratoga Adult Care Center is a major program component of the Saratoga Area Senior Coordinating Council (SASCC) incorporated as a non-profit organization in 1979. SASCC also operates the Saratoga Senior Center for more active, independent older adults. This project is to install automatic doors and a participant monitoring system. Upon completion, this project would greatly enhance the health and safety for everyone who frequents the Adult Care Center facility. Currently, the Adult Care Center serves 39 participants. Of those, 28 are restricted to wheelchairs and/or require the use of some sort of walking aide. In order to enter the Adult Care Center,you must pass through 2 sets of heavy doors. This proves a fonnidable task for our participants and their caregivers who must negotiate through these doors while either being assisted by a loved one or manipulating a walking aid. In addition to automatic doors, a monitoring system will prevent those participants whom we are responsible for, from accidentally wandering out of our facility in into harms way. . Furthermore, our Board is currently entertaining the possibility of increasing the number of participants of the Adult Care Center. This would serve two purposes. First, this would create additiortal revenues for the Adult Care Center and thereby decrease our dependence on outside sources of income. Second, ''''Po 'V0111ti hp. TP.~n{)nÒ1nO to in(',rp:~<;:p.n rJpm~nn,;;;: for :::Irtn It ('.~rp: <;:p_r\l1f'.p<;: A 1fhOll0h ('\111' lir,pnc;:p ~ 11.)\';\1<;: 11<;: " e . . , to serve up to 30 participants per day, the current conditions of Adult Care Center make it far too difficult for our staff to manage as many. Independent studies have shown that the need for this service will accelerate as our population ages. For example, one study shows that by the year 2010, Santa Clara County's population of individuals 85 years of age and over is expected to double resulting in an increase need for services such as ours. Therefore, it behooves us to poise our program to for an increase in popularity, demand, growth and increased competition. Participants of the Adult Care Center come from the surrounding areas of the West Valley Corridor, including Saratoga, Los Gatos, Santa Clara, Campbell, San Jose, Mountain View, Sunnyvale and Cupertino. 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NEW PROJECT FOR 2003/04 PROGRAM YEAR EXHIBITS "A" THROUGH "0" FOR THIS PROJECT ARE SHOWN ON THIS PAGE PROJECT NUMBER: SA-04-53 PROJECT NAME: Urban County Rehabilitation Services CONTRACT AGENCY NAME, ADDRESS AND PHONE NUMBER: County of Santa Clara 1735 N. First Street, Ste. 265 San Jose, CA 95112 408-441-0365 ALLOCATION: $20,000 PROJECT DESCRIPTION: This project covers the cost of cooperative rehabilitation services provided by the County to the City of Saratoga. These services include review of loan applications, bidding process, work write-ups, project supervision, change orders and close-outs. PROPOSED IMPLEMENTATION TIME SCHEDULE: This project is ongoing. NEW PROJECT FOR 2003/2004 PROGRAM YEAR EXHIBITS "A" THROUGH "D" FOR THIS PROJECT ARE SHOWN ON THIS PAGE PROJECT NUMBER: SA-04-51 . PROJECT NAME: SHARP Revolving Housing Rehab. Program CONTRACT AGENCY NAME AND PHONE NUMBER: County of Santa Clara 1735 N. First Street, Ste.265 San Jose, CA 95112 408-441-0365 ALLOCATION: $5,540 PROJECT DESCRIPTION: Due to increased Joan activities last fiscal year, the loan funds have become low, and Joan payback amounts have not been sufficient in replenishing these funds. Therefore, the Saratoga City Council has also authorized the transfer of an additional $51,4]8.96 from a prior year CDBG allocation to an ADA project to help replenish funds in the revolving loan program. . Given the increased interest in the Joan program, it is highly anticipated that these funds will be quickly expended. PROPOSED IMPLEMENTATION TIME SCHEDULE: This project is ongoing. . '. e ExhibitA COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (FY 200.3/2004) AGENCY DESCRIPTION DATE ;V~. +(~n~ CONTRACT AGENCY NAME AND ADDRESS: . (/Ii} O/¿{Üufr,ðC<v - Ho..k{JVJe,. 6tmÙl1s p ()·f?;(jlf 2-3,;(4- 5ú.vt.,f-n or;ð... I C Á q 5o'1-ô Telephone 409,.. 11/- 1914 FAX 401(,' ':f4 -4 01 ~ Executive Director L-ò VI SOA vai..vz,.... ~ail 4w.1!- INaJuAA~ . ~-' PROJECT# ~ PROJECT NAME AND ADDRESS: ADA H-C<-Þ-ÔVU! ~.5. (p~{,-e J. - ~ V4..1' a.v..J. lJecL~ ~) '2-\0 00 131~ ßtL\.~"'- (.¡)4 S~I 14 0567-0 PVðJt.<t Alloul-ùM: $5D,DOD PROTECT DESCRJPTION Please specifkally describe how these funds will be used and how many beneficiaries will be served during the contract period. Please be consistent with Attachments B - D. Do not describe your agency's overall operation. 4:. P I au r.efev to Ey~ -6-1'1-5 A- D .J~ 5 A -02-4-1,' SA - 03 -11~ e grg/6/30/03 " $ ~?¿; ::!»;u ~ » 0 3" (1) ë ø õ ( ) " (J) '" ~" m i r-'~ ()¡;¡o z . ;:j' _.::J m () 0> 3 !!!. () -< caæ.2: -I z ~ff ( ) (1) (1) Z ~ a.~(J) ~ -rom ~èi~ m ~~ :!.~-u m J~1 (J) _C1> .1::. »ID(ri g'§ 0 ~ -. :J ~g,(ñ - Jtt '<-~ - :To> C1> :J 0' tt~ a. 5:'> Ì\ ~ ~ :s I'" ~ f --4 '" S> ~ w N - \ ¿- X3§.. { /' =} D ;0.... (!' "t 0 . . 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" m CD t< š: » 1-. !;'.Iv ;0 "., ~~.~' » "tI !;;It +- , ;0 . Iff ck S· en 0 ~~ ~ '" '" š: " - 'Ú' ¡;; C1> 4> .~ ~ () "tI c\ \" .., ar C1> ..,... ¡¡¡ 'C f '" c:.... () ëó c: 0 0. Z c: ~ " f· -< ~ .& ~ J: m 0 0 .- t ~' -; 0 , ;; '-'> -. -j\.. - ,... ~ 0 - 0 I/o> .. ..... . . . .' Exhibit A COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FY 2003/2004 AGENCY DESCRIPTION Exhibit A COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FY 2003/2004 AGENCY DESCRIPTION DATE: January 30. 2003 PROJECT #: SA - 04 - 3 I APPLICANT AGENCY: PROJECT NAME & ADDRESS: Name: Saratoga Area Senior Coordinating Council Saratoga Adult Care Center Address: P.O Box 3033 19655 Allendale Ave. Saratoga. Ca 95070 Saratoga. Ca 95070 Contact Person Telephone: (408) 868-1253 email Address: Seanry95032@yahoo.com FAX: (408) 868-9546 PROJECT DESCRIPTION The Saratoga Adult Care Center is a major program component of the Saratoga Area Senior Coordinating Cound] (SASCC) incorporated as a non-profit organization in ]979. SASCC also operates the Saratoga Senior Center for more active, independent older adults. Recognizing the needs of the aging population, supported by a community assessment, SASCC opened the Saratoga Adult Care Center in 1988 as the first facility in Santa Clara County designed and built specifically as an adult care center. It provides much needed respite for caregivers and promotes a higher quality of life for the participants at much less cost to both family members and public agencies. The Saratoga Adu]t Care Center's main objectives are to prevent or de]ay institutionalization of the .!Tai] elderly, enable them to remain in their homes for as long as possible and improve the quality of life for the participants and the caregivers. The need for this service will accelerate as the population ages. Independent studies show that by the year 2010, Santa Clara County's population of individuals 85 years of age and over is expected to double resulting in an increase need for services such as ours. The Saratoga Adult Care Center opened in January 1988 and has steadiJy increased in number of days open .!Tom two at the onset to five fulJ days weekJy by February 1994. During this time, the average number of families served monthly increased from 9 to 42 at anyone time, with well over 350 visits by participants each month. This increased utilization validates the need and demand for the service. ./ Though licensed by Community Care Licensing for 30 participants per day, the Center serves 20-21 participants per day. This assures each participant plenty of one-on-one time with our assistants and volunteers. Participants come from the surrounding areas of the West Valley Corridor, including Saratoga, Los Gatos, Santa Clara, Campbell, San Jose, Mountain View, Sunnyvale and Cupertino. The Board of Directors oftbe Saratoga Area Senior Coordinating Council is responsible for the Saratoga Adult Care Center. The Center operates under the guidance of the Executive Director who works closely with the Adult Care Center Advisory Committee. The part-time Program Coordinator oversees activities, entertainment and projects with the help of four part-time Program Assistants. The staff is highly trained, each with many years of experience working with frail elders. Five volunteers supplement the six paid staff and provide between 575- to 700 hours of service annually. . . e , . ¡.- e -'i OG>:rJ v.:> ¡;.>~ "ÇI > S<. -o-'m 'U -."C t'Þ ~ ~ '" '" '" I;I "C'CIJ !E. ~~ cP 0 >ë]>c 0 sa. -'i~:r: co ~~o '-< '" :Š:'" õJ -". ':::1 ~ '" :I. ~ ia. >< .... '" C"> 3 3 v.:> ~O-c: » q/t5!: .., ~ "'-- ::J" ",t:o m "Ctþ ~ 0 ~ :1 m II> [J) " I cp I ~ ... S' ~ N't\)t3 ~ m '" ~ "0 0",01 ;:! ~::;¡ '" 0",01 m "Æ~ l':I ~ ::J"::J"::J" ..a 000 s¡,;;! 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"T1 -< OJ C NO 0(j) Om ~-I N o o -+ o o -i z o < c m o 'tI ::0 o c... m o -i 'II: c... :Þ Z "T1 m to (f) :¡> o '" , '" ~ ¡¡: :Þ ::0 C III It "IJ ; "C III ; Co c.. III ::;¡ to) o N o o to) m >< ::r ¡;: ~ c :Þ 'tI ::0 . Exhibit A City of Saratoga Connnuníty Development Block Grant Program FY 2002-2003 PROGRAM DESCRIPTION APPLICANT ORGANIZATION NAME Proiect Match. Inc. ADDRESS 512 VallevWav Milpitas. CA 95126 NAME/TITLE OF PROPONENT Bob Campbell. Executive Director TELEPHONE NUMBER (408) 416-0271 FAX NUMBER (408) 416-0278 EMAIL Bob@projectmatch.org PROJECT NAME & ADDRESS Proiect Match Long Term Lease Blauer Drive Senior Residence 20218 Blauer Drive Saratoga. CA 95070 . PROJECT NUMBER SA-04-1l DOLLAR AMOUNT ALLOCATED FROM CITY OF SARA TOGA $33.000 PROJECT ABSTRACT Project Match has entered into a long term lease agreement with the owner of a single-family home on Blauer Drive in Saratoga. This home has been used since 1991 to provide affordable housing for 5 senior citizens, whose individual incomes are below 80% of the median income level. Housing is defined as affordable according to HUD if the rent does not exceed 30% of the individual resident's gross annual income. CDBG funds will be used to cover the cost of the lease amount paid to the owner of the home by Project Match. The balance of the expenses to operate the house will be paid using the rental income received from the residents and other funds raised through the activities of Project Match. This is a request for the continuation of our partnership with the City in our Saratoga Senior Group Residence Program which began in 1991. The goal is to develop safe, affordable housing with supportive services that enhance the abilities of elders to live fully and well. . City of Saratoga FY 03/04 CDBG Contract ~ ~Q, S?~ OQ¡ @~ 1:;)0> 11 " " <IS !¡ . t'" -. ~ 8 g ::r- ~ 8. g I» ..... 0 VJ :t 0 5' R ~ Ei ët ~ s 8.. 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'" CD () $1 - (') z ° '" ° 3 a ¡t? 5' '" ~ õ 0 " " OJ ;:>. ° ~ c:r " (') " '" :r 3 t""' 0 c:r " ¡g, ..., " ~ S "':I t""' " := " 0 ø " "':I t;¡j 0 " rr. " 1:"1 " ~ '=' t) ~ - :2" s:: " en ts " " "1:"1 õ' ~ -<s:: :;d " 1\)1:"1 ø °z s: 2..., " " ~;¡.. . " 1:"1 "U " 0"" ~ ~ .2. 0- CD .þ.O §: $1 Z .. ;¡.. - en (") (") » :;j Ò ..,. -< , ~ - ~ ..., >< ..., - ~ rr. (") ~ 1:"1 '=' e ~ . w ~('J) '" ()iiJ Qõ tIJ", G)", () g â ¡¡ . . ...¡ ¡;; <.- '" i '" ;g "" ~ >- >- ;g § ¡¡' æ ;¡i '" 0 CO ;p ~ t'" 0 0 ~ ~ ...¡ >- n ~ Z 2 ~ 0 ~ 0 g n g ~ ~ en ~. ~ â: ~ [¡; ii g g >- ¡¡: S' en '" g n g '" ~ ;;j ~ ff ~. ~ '" '" ::¡ t'" " n ~ '" CO = ~ g (:j " " ¡¡¡ ;¡; n n !l :I, '" R ...¡ ~ n ~' '" !!. ~ ; ~ n ;¡¡ ~ x X '" i 0 " ." - '" ::ì ~ '" '" '" "" n :ž '" ~ ;¡¡ z z ~ ~ 0 < z '" ~ ~. ã" ~ õ' '" '" ~ '" '" '" '" '"' '-' <: "" t'" '" - '" >- '" '-' <: "" ø '" - '" '" en '-' '" "" ~ '" - '" '" c '-' v; '" '" ...¡ - '" '" z '-' "" 0 '" < - '" N ¡¡g '-' v; '" (') '- ... '" '-' '"' v; 0> '" Z - '" '" '-' .., "" '" '" CO - '" '" '-' ~ v; '" '" - '" '" >- '-' ~ "" '" t'" I- '" '" '-' ~ "" '" 0< I- '" '" '"' '-' <: "" '" ~ I- ~ '" 8 Co> '" Co> '" 8 ...¡ '" '" '" 0> t'" 't! > ~ @ 0 .... Z tr1 (') (') ,.., -< ~ z ~ " "C a 3 '" " ~ :s: " Õ :r - " -I " '" 3 r- '" " '" '" '" ¡;; co ~ !;? ~. '" '" " Q' JJ '" '" ¡¡: '" " .., t:':I 0 '" 0< co X '" <: ::r '" '" e " s: ieo ~ ~. '" .... '" ö .. ;g 8 t11 (') ,.., z ~ tò ~ en > 6 .... , ~ ~ t· ': .. 'EXHIBIT R LOCAL GOVERNMENT CERTIFICATIONS. e Irj,aqcordance with the applicable statutes and the 'regulationsgoverning-the consdidated 'plan . regulations,the.iurisdictioncertifiesthat: , . Affirmatively Furth!!r Fair' H'ousing-- Thejur"isdiction wi!1 affirmatively further fair housi ng, whi ch means it wi II conduCt' an anal ysi s of I mped ments to fai r housirigch'oi ce wi thin the j ur i sdi ctlon, take appr wr i ate acti ms to over come the effects of any I mped merits i denti fl ed 'thr ough that anal ysl s, and mainta! n records r efl ecti ng that anal ysïs and acti ms in thi sr egard. . . , , . . . . . . . . .Ànti- di spl&cement and 'Rel ocati on PI an -- It will comply with theacqulsition and relocation r equir ementsof the Uni fa m Rei oeation ASsi stance arid Real' Pr oper tyPequisiti on PoIiåes f:¥:Jt of 1970, as amenced, and i mpl ementi ng r egulati ons at 49 CFR24; and it has in effect . and is fall <MIi ng a r esi centi al . anti d spl acement and rei ocati on assi stance plan ,: eqüir ed under .sectloni04{d of the, Housing and CommÚl1ity 'Development Pet Of 1974, as amenced, in ·conne::ti on with any acti vi ty assi.sted, wi th funding under the CDaGor Hav'lE pr ogr ams. .Dr u g Fr ee Wor kpl ace - -It will or will continue to þr ovlde a dr ug- fr ee war kpl ace by: 1. Publ ishi ng a statement noti fyi ngempl wees that the unl aWful manufactur e,distrl butl on, dispensing,:poss$slon, or use'of a controlled substance is' prohibited in the grantee's '" wOrkplace and specifying the actims that will be taken against emplÒýees .for violation of ·~uchprohibition';' . -.;.," . . , 2. .' ,-~Establ I shi ng' an ongoing dr ug- fr ee awar eness pr ogr am to I nfor mempl O{eés about- . (al The danger s of dr .ug abuse i n the war kpl ace; I bl The gr,antee's pol i cy of mai ntai ni ng a dr ug- ft ee wor kpl ace; I c) Þny available dr ug counsei 1 ng, r éhabil itati on, and emplO{ee assi stance pr ograms; and' . ( dj The penaltl es' that may bei mposed upon emplO{ees Tor dr ug abuse vi 01 ati ons occur ring in the wor kpl'ace; . , e 3. , Maki ng ita r equir ement that each empl cyee to be engag3d in the per fa mance of the gr ant be gi ven a copy of thé statement r equir ed by par a\faph 1,; 4. Noti fyi ng the èmpJ O{ee in the statement r equir ed by par ag- aph 1 that, as a conditi·on of empl O{ment under the gr ant, the emplcyee wi II - (a) Þbl deby the ter ms of the statement; and . I b) Noti fy the empl cyer in wr iting of hi s or her conyicti on for a vi 01 ati on of a cr i minal dr ug statute occur ring 1 n the wor kpl ace no I ater than fl ve cal eoder days after such cOllvicti on; 5. Noti fyi ng the agency· i n WI i ting, wi thin ten cal endar days after r eceivi ng not; ce under subp<r agr aph 4( b) fr om an emplO{ee or other wi se r eceivi ng actud notice of such conviction. Empl cyer s of convicted emplO{ees must pr ovide notice, I ncl udi ng posl ti on ti tl e, to ever y gr ant offi cer or other desi glee on whose gr ant activity the cOllvicted er:nplO{ee was w()rking, unless the Federal agency has . desiglated a central point fer the receipt of such notices. Notice sh.all ¡ndude the '. . i denti fi ceti on nu'mber (s) of each affected gr ant; 6. Taking one of the follOlVing acti01s, within 30 calendar days of receiving notice under subpEf' agr aph 4( bl , wi th r espoot to any empl cyee who is'so convlcted- . -_.._---_.~_.'-- ·e e e " . .. .. (a} .·1:aki ng appr cpr i ateper samel acti Olagai nst :such an empIO{e8, up to and I ncl uding termination, consistent With,the requirements of the RehabilitationÞct of 1973, as amenœd; or .' ( b) . Requir i ng such empl O{eeto par ticl pate sati sfactor iI Y in a dr ug abuse assl 5\'ance. or .rehabilitation program appro.¡ed for such purpœes by a Federal, State, or local health,law enforcement, oi' other apprcpriate agency; . . '7 . Maki nga good faith eHort to continue to mai ntal n a dr ug- fr ee woi' kpl ace thr:ough .implementatl,on of par ag aphs 1,2,3,4; 5 and 6. Ariti, Lobbyi ng- -. To the best of the i ur i seli cd on's knowledge andbeli ef: . L No Feder al appr.cprl ated funds havebeen pai dor Wi II be pai d; by or on behalf of I t, to any' per SOl for i nf\ uenci ng or attempti ng to i nfl uence an oHi oer or emplo.¡ee of any agency, a Membif of Congress, an oHloer 'or 'emplO{ee of Congress, or anemplO{ee.of a Member of Congr ess In connooti on 'Wi th the awar d ng of any Feder alcontr act, the maki ng of any Feder al gr an't, the maki rig of any Feder al loan, the. enter i ng I nto of any cooper ati ve agreemel'lt, and the' extensl on, continuation, renewal, amèncment, or modifï'cation' of any l'eder al contr act, gr ant, ¡'oan, or coop€!'·atl v'e agr eemènt; 2. . .' If. anY funds other than Federal appr cpr i ated funds have been pai d or Wi II be paid to any per sm for Influencjng or attempting to influence a(\ oHioer or el1Jplwee.Qf. anY agencY, a Memb€!' of Congress, an offiœr or emplo.¡ee of Congress, or an emplo.¡ee·of a Memb€!' of Congress In connooti on .With tni s Federal .contract, ·.gr ant, lo",n, or coop€!' ati ve agr eement, . i t will complete and submit Stanœr d For ,n- LLL, "OJ sd osur e FÖr m to Report Lobbyi ng,· .' I n accor dance Wi th i tS'j nstr ucti ons; and - 3. . I t Wi II r equir e that the I anguageof par agaph 1 and 2 of thi santi - I Obbyi ngcer tifi cation be i ncl uded in the awar d documents for all subawar ds at all ti. er s ( i ncludi ng subccntr acts, .sllbgrants, and contracts under grants, loans,.and coop€!'ative agreements) and that all subr eei pi ents shall cer tify and di sclose accordingly. . . , Authority of Jurisdiction ~- Theconsdidatedplanisauthcrizedunder State and local law (as appl icabl e) and the juri sdi cti on possesses the legal authcr i ty to car r y out the pr agr ams for which it I s seeking funding, in accordance with appHcabl e HUD regulations. Consistency wi th pi an - - The housing activi ti es to be undertaken Wi th CDBG, HeME,ESG, and HCf'WAfunds ar e consistent with the str ategi c plan. Section 3 _ _ It wiJl comply Withsectjon 3 of the Housing and Urban Development Þct of 1968, and i mpl ementl ng r egulati ons at 24 CFR Par t 1 35. S ~h1Ud/1Off" I Ign ure t crlze loa Peter Kutras, Jr. ~ Date Actina County Executive Title 35 . -_.- ----- ._.-~ ~ ...... EXHIBIT F . . ASSURANCES CORPORATION hereby assures and certifies that it will comply with all regulations, policies, . ~delines and requirements applicable to the acceptance aild use of Federal funds for this Federally-assisted program and will be responsible fot implementing and complying with all relevant future changes to Federal Regmations or OMB Circulars. Specifically CORPORATION gives assurances and certifies with respect to the PROGRAM that it is. in éompliance with the following Regulations as defined by'24 CFR, Part 570; Subpart J; 24 CFR, Part 570, Subpart K; and will be conducted and administered in conformity with "Public Làw 88.352 and P\1blic Law 90-284. L 570.60i. Public Law 88-352 and Public Law 90-284; affirmatively furthering fair housing; Executive Order 11063, as amended by Executive Order 12259 addresses discrimination. lÌUD regulations implementing Executive Order 11063 are contamed in 24 CFR, Part 107. . 2. 570.602. Section 109·ofthe Act addresses discrimination. 3. 570.603. Labor Standards. e . 4. 570.604. Environmental Standards. 5. 570.605. National Flood Insurance Program. , 6. . 570.606. Relocation, Displacement and Acquisition. 7. 570.607. Employment and Contracting Opportunities. 8. 570.608. Lead-Based Paint. 9. 570.609. Use of Debarred, Suspended, or Ineligible Contractors or Subrecipients. 10. 570.610. Uniform Administrative Requirement and Cost Principles. The COUNTY, its Subrecipients, agencies 'or instrumentalities, shall comply with the policies, guidelines, and requirements of 24 CFRPart 85 (Common Rule), and OMB CircularsA-ll0 (Grants and Agreements with Non-Profit Organizations), A-122 (Cost Principles for Non- Profits), A-128 (Audits of State and Local GovernInents-implementedat 24 CFR, Part 24), and A-133 (Audits of Illstitutions of Higher Education and Other Non-Profit Institutions), as applicable, as they relate to the acceptance and use of Federal funds, under this part. The applicable sections of 24 CFR, Part 85 and OMB Circular A-I 00 are set forth at 570.502. ; . Ð<HIBITF-AsSURANCES' 1 REVISED 11/15100 e e . 11. 570.611. Conflict of Interest. 12. 570.612. Executive Order 12372 allows' States to establish its own process for review and comment on proposed Federal :financial assistance programs, specifically the use of CDBG funds for the constrUction or planning of water or sewer facilities. wg/fy200010Ilfiles contracts/assurrances EXHIBIT F - ASSURANCES 2 REVISED 11/15/00 ,.., -.~ .. 'tf < '0 ö . Spe,cñlç' CDBG Certñlcation.1! e The Entitlement Community clirtifies that: . Citizen Particlpation.- It is in .full compliance and 'following a detailed citizen participation plan that 'satisfies the requirements of 24 CFR 91.105. . Community Development Plan - Its consolidate<l housing and community devel~pment plan IdEmtifies community clevelopment ·and housing needs and specifies both short-term an<l long-term community development' objectives that provide <lecent housing; expan<l economic opportunities primarily for . persons of low and mo<lerate income. (See CFR.24 570.2·and CFR 24 part 570) , . Followin.9 a Plan- It is following a currerit consolidated plan (or 'Comprehensive Housing Affordability Strategy) that has been approved by HUD. . Use of Funds -- It has complied with the following criteria: 1 . Maximum Feasible Prioritv. With r.espect to actiVities expected to be assisted with COBG funds, it' certifies' that it has developed its Action. Plan so, as to give maximum feasible priority to activities which benefit low and moderate 'income families or aid in the prevention' or elimination of slums or blight. the' Action 'Plan may also include activities which the grantee . certifies are designed to meet other community development needs having a particular urgency because existing' conditions pose a serious and immediate threat to the health' or . .." welfare of the community, and other financial resources an; not available); . . . . 2. Overall Benefit. The aggregate use of COBG funds including section 108 gu¡¡ranteed loans' during program year 2003 (a period specified 'by the grantee· consisting of one, two, or three specific consecutive program years), shall principally benefit persons of low and moderate income in a manner that ensures that at least 70 percent of the amount is. expen<led for activities that benefit such persons during the designated period; 3. Special Assessments. ·/t will not attempt to recover any capital costs of public improvements assisted with CDBG funds including Section. 108 loan guaranteed funds by assessing any amount against properties 'owned and occupied by persons of low 'and moderate income, including any fee charged or assessment· made as a condition of obtaining access to ·such . public improvements'" However, if CDBG funds are used to pay the proportion of a fee or assessment that relates to the capital costs of public improvements (assisted in part with COBG funds) financed from other revenue sources, 8Jl assessment or charge may be made against the property with respect to the public improvements financed by a source other than COBG fu·nds. The jurisdiction will not attempt to recover any capital costs of public improvements assisted with CO'BG fun<ls, including Section 108, unless COBG fun<ls are used ·to pay the proportion of fee or assessment attributable to the capital costs of public improvements financed from other revenue sO.urces. In this' case, an assessment or charge may be made against the property with· respect to the public improvements financed by a source other than COBG funds. Also, in the case of properties owned and occupied by moderate-income (not low- a income) families, an assessment or charge may be made against the property for public . improvaments financed by a source other than COBG funds if the jurisdiCtion certifies that it lacks COBG funds to cover tha assessment. ' . . /1>" ., e 'e e ~ . o .. . . ... o . Excessive Force - It has adopted and is enforcing: 1. A policy prohibiting the use of excessive force. by law enforcement agencies within its jurisdiction against any individuals engaged in non-violent civil rights demonstrations; and , . 2. A policy of enforèing applicable State and locallaws against physically barring entrance to or exit from a facility . Of location' wþich' is the subject of such non-violent civil rights demonstrations within its jurisdiction; Compliance With Anti-discrimination laws - The grant will be conducted and administered in conformity with title VI of the Civil Rights Act of '1964 (42 USC 2000d), the Fair Housing Act (42 use 3601-3619], and implementing regulations. . . Lead-Based Paint -- Its activities concerning lead-based paint will comply with the .requirements of part 35, subparts A, B, J, K and R, of title 24; . Compliance with Laws - It will comply with applicable laws. II Signaturel Authorized fficial oCe2. S C> 3 Date Interim County Executive Title , ...... ð () DOCUMENT 2... e LOCAL GOVERNMENT GRANTEE EMERGENCY SHELTER GRANTS PROGRAM CERTIFICATIONS BY THE CHIEF EXECUTIVE OFFICER L Peter Kutras.·Jr. . ChiefExecutiye Officer of . CoUnty of Santa Clara; certify that the local government will ensure the provision of the matching supplemental funds required by the regulation at 24 CPR 576.5L I have attached to this certification a description of the sources and amounts of such supplemental funds. I further certify that the local governments will comply with: . (1) The requirements of:?4 CPR 576.21 (a)(4) providing that the funding of . homeless prevention activitieS for families that have receivèd eviction notices or . notices of termination of utility services will meet the'requirements that: (A) the inability of the family to make the required payments must be the result of a sudden reduction in income; (B) the assistance must be necessary to avoid eviction of the family or termination öfthe services to the family; (C) there muSt be a reasonable . prospe9t that the family will be able to resume payments within a reasonable period of time; and (D) the· assistance mUst not supplant funding for preexisting homeless . prevention activities from any other source. e (2) The requirements of 24 CFR 576.53 concerniÍ1g the continued use of buildings for which emergency shelter grants are used for rehabilitation or conversion of buildings for use as !illlergency shelters for the homeless; or when funds are used solely for operating costs or essential services. (3) The building standards requirement of24 CFR 576.55; (4) The requirements' of24 CPR 576.56, concerning assistance to the homeless; and (5) The requirements of 24 CFR 576.57, other appropriate provisions of 24 CFR Part 576, and other applicable Federallaws.collcerning nondiscrimination and equal opportunity. (6) The requirements of24CFR 576.59(b) concerning the Uniform Relocation . Assistance and Real Property Acquisition Policies Act of 1970. '. (7) The requirement of24 CFR 576.59 concerning minimizing the displacement of _ persons as a result of a project assisted with these funds. . , (8) The requirements of 24 CFR Part 24 concerning the Drug Free Workplace Act of 1988. In,..A,,..t!t:)'Tt.' 4^'^^ . . ð .. ð .. .- . . (9) The requirements of 24 CFR 576.56(a) and 576.65(b) .that grantees develop , imd implement procedures to ensure the confidentiality of recotc1ß pertafuing to any ìndividnaI providedfainily violence preventión or treatment services under any .project assisted WithESG funds and that the address or location cif any family . Violence sheIt~ project will not be made public., except with written authorization of . the person or persons responsibie for the operation of such shelter. . . , .' . , . (10) The requirement that recipients ìnvo1ve, to the maximum extent practicable, homeless individuals and families in policyma1ållg, renovating,m3Ùltaining, operating facilitiès asslsted under the ESG program, and in providing services for ocCupants-ofthese fac~lities as provided by 24 CFR 76.56. .. (11) Therequirements of24 CFR 576.57(e) are met dealing with the provisions óf, and . regulations and procedures åpplicab1e with respect to the environmental review , responsibilities ·under the:National Environmental Policy Act of 1969 and related authorities· as specified in 24 CFR Part 58. I further certify that the submission of a cómpleted and approved Consolidated Plan with its certifications, which act as tbeapplication for an Emergency Shelter Grant, is authorized. underState and/or local láw, and that the local govetnment possesses legal authority to carly out grant activities in accordance with the applicab~e laws and regulations of the Department of Housing and Urban Development. NaIiJ. and Title 6/19/03 Date Signature of Chief Executive Officer Acting County.Executive Title ' . .. Specific HOME Certifications The HOME participating jurisdiction certifies that: Tenant Based Rental Assistance .. If the .particlpating jurisdiction intends to' provide tenant-based rental assistance: The use of HOME funds for tenant-based rental assistance is an essential element of the participating jurisdiction's consolidated plan for expanding the supply, affordability, and availability of decent, safe, sanitary, and affordable housing. Eligible Activities· and Costs --it is using and will use HOME funds for eligible activities and costs, as described in 24 CFR § 92.205 through 92.209 and tl)at it is not using and will not use HOME funds for prohibited activities, as described in § 92.214. Appropriate Financial Assistance -- before committing any funds to a 'project, it will evaluate the project in accordance with the guidelines that it adopts for this purpose and will not. .invest any more HOME funds in combination ilvith other Federal assistance than is necessary to '''1*"',\ ü~' Signaturel Authorizèd Official Peter Kutras, Jr. .~ Oat", ActinG County Executive Title 38 LOC'ALCERTS 10/00 . . . , , . , ... . . '. . APPENDIX TO. .CERTIFICATI.O.NS INSTRUCTIONSCONCEF.\NING lOBBYING AND DRUG-FREEWORKPLACEf\EQUIREMENT$: A 'Lobbyinç¡ Certification .. . This certif.ication is"a material representation of fact' ·upon which' reliat\C'e was placed when this transaction was made or entered into. Submission of this . certification is a prerequisite .for making or entering into this' transaction . imposed by section 1352, title 31, U.S". Code. Any person whO fails to file the "requir~d certification shall be subject to a 'civiI penalty of not less than $10,000 and not more than $1 00,000 for each· such failure. B. Druç¡-Fre'e' Workplace Certification 1. By signing and/orsubmitting this application or grant agreement, 'the grantee is providing the ·certification. 2". . ., The certification is a materiaJ.'representation of fact· upon which reliance is placed when. the agency awards the' grant. .If it. is ·Iater' determined that the grantee 'knowingly rendered a false certification, or otherwise \(iolates the requirements of the Drug~Free Workplace Act, HUD, in " addition to any other remedies available to the Federal Government, may· . take ~ctión aUthorized under the Drug-Free Workplace Act. . .3. for grantees other than individuals, Alternate I applies·.' (This is the information to which jurisdictions c·ertify). . . 4. 'For grantees who are 'individuals, Alternate II applies. (Not, applicable jurisdictions.) , , 5. Workplaces under grants, for grantees ot!'1er than individuals, need not be identified on the certification. : If known, they may be . identified in the grant application. ·If the granteè does not identify the workplaces at the time of. application, or upon award, if there is no application, the grantee must keep the identity of the. workplace(s) 'on ·file in its offióeand make the information available for Federal inspection. Failure to identify all known workplaces constitutes a violation of the grantee's drug-free workpla'ce requirements. 6. . WOfk,placeîdentifications must include the actual address of . buildings (or parts of buildings) or other sites where work under the grant takes place. Categorical descriptions may be used' (e.g., all 'ehicles of a mass transit authority or State highway department while in operation, State employees in each local unemployment office, performers in concert halls or radio stations). 7. If the workplace identified to the agency changes during th.e performance of the grant~ the grantee shall inform the agency of the change(s), if it previously identified the workplaces in . question (see paragraph five). . 39 LOCALCERTS 10/00 , ., > . 8. . . The g[¡¡ntee may insert in the spac.e provided 'belo~ the site($) for the performance of work 'done: in connection with the specific grant: . . . . . Place of Performance (Street address, city, county,. state, zip code) 70 West Hedding Street, San Jo~e, Santa Clara Countv, California 9611 0 . . Check _ if there. are workplaces on file that are not identified here; The .certification 'with regard tp the drug-free workplace required bY'24 CFR part :2.4, subpart F. 9. Definitions of terms in the Nonprocurement Susperisionand 'Debarment common rule and Prug-Free Workpläce common rule apply to this certification. Grantees' attention is called, in Particular, to the following" definitions from these rules: ".Controlled substance" means a.controlled.substance in Schedules' I through \Ì of the Controlled Substanoos Act (21 U.S.C.812) and as. furt.her· defined by regulation (21 CFR·1'308.11 through 1308.·15);' . . . . . "èonviction" means'a fi;,dingof guilHiiicluding a pl~a.'of nolo . ., .contendere} or· imposition of sentence·¡c'or';both¡,·by.,any.judicìal body charged .with the. responsibility .to determine ·viol.ations of the Federal or State criminal' drug statutes; . "Criminal .drug statute" ·means· a Federal or 'non-Federal .criminal statute involving the manufactur,e,. distribution, dispensing,use, or possession of any controlled substance; . "Employee" means the employee of a grantee directly engaged in the performance of work .under a grant, including: (i) All "direct charge" employees; (ii) all "indirect charge" employees unless their impact or involvement is' insignificant to the performance of . the grant; an.d. (Iii) temporary personnel and consultants who· are directly engaged in the performance of-work ùnder the grant and who are on the grantee's payroll. This definition does not include' workers not on the payroll of the grantee ·(e.g:, volunteers, even if used to meet a matching' requirement; consultants or independent contractors not. on the grantee's payroll; or employees of subrecipients or subcontractors in covered workplaces). 40 ' . 1 """"^.I ~e...o "I^",^^ ·\ e e . EXHIBIT G INDEMNITY AND INSURANCE REOUIREMENTS FOR STANDARD CONTRACTS ABOVE $100,000 Indemnitv . The Contractor shall indemnifY, defend, and hold harmless the County of Santa Clara (hereinafter "County"), its officers, agents and employees ITom any claim, liability, loss, injury or damage arising out of, or in connection with, performance of this Agreement by Contractor and/or its agents, employees or sub-contractors, excepting only loss, injury or damage caused by the sole negligence or willful misconduct of personnel employed by the County. It is the intent of the parties to this Agreement to provide the broadest possible coverage for the County. The Contractor shal! reimburse the County' for all costs, attorneys' fees, expenses and liabilities incurred with respect to any litigation in which the Contractor is obligated to indemnify, defend and hold harmless the County lU1der this Agreement. Insurance Without limiting the Contractor's indemnification of the County, the Contractor shall provide and maintain at its own expense, during the term of this Agreement, or as may be further required herein, the following insurance coverages and provisions: A. Evidence of Coverage Prior to commencement of this Agreement, the Contractor shall provide a Certificate of Insurance certifYing that coverage as required herein has been obtained. Individual endorsements executed by the insurance carrier shall accompany the certificate. In addition, a certified copy of the policy or policies shall be provided by the Contractor upon request. This verification of coverage shall be sent to the requesting County department, unless otherwise directed. The Contractor shall not receive a Notice to Proceed with the work under the Agreement until it has obtained all insurance required and such insurance has been approved by the County. This approva1 of insurance shall neither relieve nor decrease the liability of the Contractor. B, OualifYing Insurers All coverages, except surety, shall be issued by companies which hold a current policy holder's alphabetic and financial size category rating of not less than A- V, according to the current Best's Key Rating Guide or a company of equal financial stability that is approved by the County's Insurance Manager. EXHIBIT B-2 (revised) (HCD-O) Rev. 7/30/02 EXHIBIT G officers, agents, and employees shall be excess only and not contributing with insurance provided under this policy. Public Entities may also be added to the . additional insured endorsement as applicable and the contractor shall be notified by the contracting department of these requirements. 4. Automobile LiabjJitv Insurance For bodily injury (including death) and property damage which provides total limits of not less than one million dollars ($1,000,000) combined single limit per occurrence applicable to all owned, non-owned and hired vehicles. 5. Workers' Compensation and Employer's Liability Insurance a. Statutory California Workers' Compensation coverage including broad fonn all-states coverage. b. Employer's Liability coverage for not less than one million dollars ($1,000,000) per occurrence. E. Special Provisions The following provisions shall apply to this Agreement: . I. The foregoing requirements as to the types and limits of insurance coverage to. be maintained by the Contractor and any approval of said insurance by the County or its insurance consultant(s) are not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Contractor pursuant to this Agreement, including but not ]jmited to the provisions concerning indemnification. 2. The County acknowledges that some insurance requirements contained in this Agreement may be fulfilled by self-insurance on the part of the Contractor. However, this shall not in any way limit ]jabilities assumed by the Contractor under this Agreement. Any self-insurance shall be approved in writing by the County upon satisfactory evidence of financial capacity. Contractors obligation hereunder may be satisfied in whole or in part by adequately funded self-insurance programs or self-insurance retentions. 3. Should any of the work under this Agreement be sublet, the Contractor shall require each of its subcontractors of any tier to carry the aforementioned coverages, or Contractor may insure subcontractors under its own policies. 4. The County reserves the right to withhold payments to the Contractor in the event of material noncompliance with the insurance requirements outlined above. 3 . . EXHIBIT B-2 (revised) (HCD-O) Rev. 7/30102 e . . URBAN COUNTY HOUSING REHABILITATION SERVICES EXHIBIT H Description: The Santa Clara County Housing Rehabilitation Program provides services to the Cityrrown. The County shall provide a large range of housing rehabilitation services including application processing, bid process, loan preparation, construction monitoring and loan servicing. (See attached Santa Clara County Housing Rehabilitation Program Guidelines) RESPONSIBILITIES OF THE COUNTY 1. Review client's application, verify that client's property is located in the appropriate jurisdiction and make a preliminary determination regarding income eligibility in accordance with most current income guidelines determined by Federal Department of . Housing and Urban Development for Santa Clara County. 2. Continue to process application, order credit report and preliminary title report, schedule termite inspection and conduct an Minor Rehabilitation Environmental Review in accordance with NEPA requirements of the property, as applicable. 3. Schedule and meet with a Loan Review Committeè to discuss client's application, income status and proposed work scope. Advise client of the final decision regarding approvalldisapproval and loan terms. (See attached Santa Clara County Housing and Community Development Loan Committee Policies and Procedures) 4. Inspect property to assist client in assessing and designing needed property improvements, in order to bring the property in conformance with local building and housing codes, as well as prepare a Project Cost Estimate (scope of work) detailing the proposed work items and cost estimates. 6. Review work write-up with the client. Invite contractors to submit written bids based on approved scope of work. Review bids with client and assist client in selecting the responsible bidder who submits the lowest price bid. Verify that selected bidder complies with all insurance and licensing requirements. 6. Prepare all loan documents for signature and recordation as appropriate, such as Deeds of Trust, Promissory Notes, Notices of Right to Cancel, Truth in Lending Disclosure Statements, Requests for Notice and Owner Participation Agreements, etc. 1 7. Assist client in finalizing of construction contract documents and authorize commencement of work. Review construction work in progress for compliance with project specifications and will conform with all applicable codes, etc. when formally inspected by local/county building offices. Authorize change orders and progress payments up to 90% of contract price to contractor with property owner's approval. e 8. Perform final inspection and authorize final payment to contractor after receipt of finaled building permit, mechanic's lien releases, contractor's affidavit and any applicable warranties or guarantees and any manufacturer's informational materials. Record Notice of Completion. After 35 days from date of recordation, verify that no unreleased, recorded mechanic's liens have' been recorded and release the withheld 10% retention to the contractor. 9. Provide client with a Housing Rehabilitation Evaluation Questionnaire for completion and return to the County Program Manager. 10. Maintain client file, ensure client's ongoing adherence to hazard insurance requirements, issue final letter to client documenting all rehabilitation costs, change orders and final loan amount. . 11. Clarify any warranty or guarantee issues. 12. Provide City/Town with written Quarterly Report including financial on project accomplishments. e 13. All "program income" generated from loan payoffs shall be deposited, accounted for and tracked individually for each jurisdiction and shall fund future housing rehabilitation projects only in such jurisdiction. RESPONSIBILITIES OF THE CITY/TOWN 1. Distribute Housing Rehabilitation Brochures or flyers to various locations frequented by the general public. 2. Publish an advertisement at least four times annually informing the residents of the existence of the Housing Rehabilitation Program and its basic eligibility requirements and how to contact the program. 3. Run a public service advertisement on the local public access television station at least twice annually describing the Housing Rehabilitation Program. e 2 - e e . 4. Refer pre-screened call-in or walk-in clients who appear to meet basic program criteria to the Housing Rehabilitation Program. Clients that have applied and withdrawn shall be processed as new applicants after a period of six months from date of the previous application. 5. Upon execution of the contract by designated City and County officials, the CityfTown shall make a lump sum transfer of $200,000.00 from the Revolving Housing Rehabilitation Loan Fund to the Santa Clara County Housing Rehabilitation Program to be applied to project costs for four (4) new projects. 6. Upon execution of the contract by designated City and County officials, the CityfTown shall transfer $20,000.00 from CityfTown's CDBG funds to the County for Housing Rehabilitation Services for staff costs to fully execute (4) four new rehabilitation loans during the program year specified by the attached contract. 7. If the agreed upon number of four (4) loans is exceeded and upon mutual agreement between the County and the CityfTown, the CityfTownshall transfer to the County $2,500.00 for any project completed from initial application through bid opening and an additional $2,500.00 for any project completed through project closeout. The same shall apply to any project that is discontinued by the client. 8. In the event that County staff is required to exceed the prescribed responsibilities set forth herein such as handling litigation, arbitration, meditation or a claim, the CityfTown shall compensate the County for professional staff work at the rate of $60.00 per hour per professional staff member. If legal consultation is required, the CityfTown shall reimburse the County at the current hourly rate established by County Counsel. COBG funding amount $20,000.00 Unduplicated clients 4 Cost per year per client $5,000.00 Total Program Budget $20,000.00 Exh,H Cìtyrrown.Rehab contract Aev 9/03/03 3 e SANTA CLARA COUNTY COOPERATIVE HOUSING REHABILITATION PROGRAM GUIDELINES I. · · · INITIAL APPLICATION Mail or deliver application packet to property owner with explanation of basic program objectives and procedures (see attached Guidelines). Review client's application and verify household income, household size, applicant's age, credit history, and other information pertaining to loan processing. Obtain applicant's authorization to gather financial information. and order Credit report. e · If applicant is willing to continue and eligibility seems likely, order preliminary title report. · Order Structural/Pest Control report, if applicable. II. APPLICABLE DOCUMENTS · Application Form · Authorization Form · Request For Information Form · Informational Brochures · Environmental Review Form INITIAL INSPECTION . Meet with property owner, and. inspect the property for conformance with building, housing, and health codes. Explain to property owner what type of repair work is eligible (ie.. Health and Safety Items), and what type is considered General Property Improvements. Termite inspection report will be incorporated into the work write-up. e REHAB PROCEDURES-2000 1 e e e III. IV. V. '. · Based on initial inspection, order design work, engineering work, or additional professional inspections, if necessary. · Prepare Work Write-up including specifications and preliminary cost estimates. PREPARATION. OF CONSTRUCTION SPECIFICATIONS · After approval of preliminary Spec List and cost estima:tes by property owner, prepare final specifications. · Explain bidding procedures to property owner. LOAN PROCESSING · Take project information to loan committee members for their review and approval. · Inform applicant of approval or denial and exact conditions and terms of rehabilitation loan. BIDDING PROCEDURES · Prepare contractor's bid package and send it to appropriate number of contractors from list of approved bidders. Aoproved bidders have demonstrated that they meet the following minimum program requirements: 1. 2. 3. Liability insurance; Workers Compensation Insurance; Contractor's license currently in good standing; Proof of solvency; References checked for related work. 4. 5. · Establish bidding period and bid due date/time. REHAB PROCEDURES-2000 2 · Mail bid invitations and packages to contractors. . · [nform property owner that during a given period, (usually one week) contractors will be calling to make appointments for site inspections; or, in cases of property owners who need assistance, an open house is scheduled for a given afternoon and contractors are allowed site inspection at that time only. · Hold bid opening at pre-determined time, date, and location. · Review bids for program, compliance and mathematical accuracy. · Review responsible bids with property owner and contractor . is selected by owner. Property owner is allowed to choose any bid which is within a 10% range of Rehab Specialist's estimate, or the lowest bidder. APPLICABLE DOCUMENTS . · Invitation To Bid · Instructions to Bidders · Bid Document , . Work Write-up with Estimates · Bidder's Qualifications · Addenda VI. LOAN CLOSING · Prepare loan documents based on accepted bid amount, contingency amount, design costs, inspection costs, appraisal costs, title fees, and other necessary costs. · Obtain property owner's initials on loan fact sheet. · Prepare contract between property owner and contractor based on accepted bid amount. Contract includes total construction costs and projected dates for beginning and end of construction. · Meet with property owner for signing of loan documents. Concurrently, contractor signs construction contract and . REHAB PROCEDURES-2000 3 . . . any other relevant documents. · Record appropriate documents and issue notice to proceed to contractor. · Hold, if necessary, a pre-construction conference with property owner and contractor present at work site. APPLICABLE DOCUMENTS · Deed of Trust · Promissory Note · Truth in lending Statement . . Right of Rescission · Addenda · Statement of Information VII. CONSTRUCTION MONITORING · Make twice weekly or more often site visits to ensure compliance with specifications and program guidelines. · Perform the following services as necessary: 1. Resolve questions between property owner and contractor; 2. Execute written change orders when applicable; 3. Process contractor's payment requests; 4. Co-authorize payments with owner, as applicable; 5. Perform final inspection and prepare "punch list" as applicable; 6. Obtain copy of signed final building permit; 7. Obtain signed REHAB PROCEDURES-2000 and record notice of completion, by property owner. 4 APPLICABLE DOCUMENTS . · Contract Award · Contract Agreement · Lead Base Paint Notification · Notice To Proceed · Progress Payment Request · Change Orders · Final Inspection Report V III. PROJECT CLOSEOUT · Obtain lien releases from contractor for subcontractors and material suppliers. · Review County Recorder's records for any construction related liens attached to property. · Assist owner in obtaining any warranty or guarantee documents or materials, from contractor. · Issue final payment to contractor after all conditions are met and designated waiting period has expired. Waiting period is 35 days after notice of completion is recorded. . · Mail Project Evaluation form to property owner. APPLICABLE DOCUMENTS · Notice of Completion · Certificate of Final Inspection · Lien. Release Forl)ls · Roof and Other Warranties · Contractor's Affidavit · Project Evaluation Form . REHAB PROCEDURES-2000 5 . e . SANTA CLARA COUNTY HOUSING AND COMMUNITY DEVELOPMENT LOAN COMMITTEE POLICIES AND PROCEDURES Purpose The purpose of the Santa Clara County Housing and Community Development (HCD) Loan Committee is to evaluate loan applications and approve loan terms for projects that have been recommended by the Housing and Cornmunity Developrnent Program. Committee Objectives 1. Review and approve/reject all applications for rehabilitation loans in a timely manner. 2. Assure that all loans approved are in conformance with all appropriate Federal, State, or local requirements. 3. Provide hòusing rehabilitation loans to clients most in need of assistance. 4. Approve loans with the rnost effective mix of available funding sources. Comrnittee Mernbership and Terms of Service The Loan Committee is composed of three (3) County staff appointed by the County Executive. There is no limit to the length of tenure in the position and the members serve at the discretion of the County Executive. The desired expertise for committee membership includes knowledge of Federal, State, or local housing programs, awareness of local affordable housi!,g needs, and financial procedures in real estate transactions. Comrnittee Staffing BCD staff provides technical assistance and staff support to the Loan Committee. Specific BCD staff support members are the HCD Prograrn Manager and Housing Rehabilitation Coordinator. Other HCD staff provide additional committee support as needed. -1- '" . Steps To Review Loan Appiications . 1. Evaluate the reasonableness presented on the loan application and assure the appropriate use of funds. 2. Set terms and conditions for loans in the unincorporated County, City of Cuperinto, City of Los Altos, Town of Los Altos Hills, Town of Los Gatos and City of Saratoga. 3. Review and approve loan subordination agreements . 4. Approve/reject specific loan applications and set repayrnent terms, due dates, and interest rates. 5. When appropriate, make recommendations to the Santa Clara County Board of Supervisors for final approval of loan transactions. Meetings The Loan Committee meets on an as-needed basis. Meetings are scheduled when there are approxirnately two (2) or more loan applications to be reviewed and processed. . Committee Chairperson The Loan Committee has one chairperson appointed by consensus of the committee rnembership. Currently, the chairperson's term is indefinite. Cornmittee Decision Making Process All Loan Committee decisions will be reached by consensus, if possible. If a decision cannot be reached by consensus, the Loan Cornmittee will decide the issue by majority vote. Committee Documentation Regular rninutes will be maintained regarding the actions of each Loan Cornrnittee meeting. HCD staff will be responsible for transcribing and typing the rneeting rninutes and distributing them to the Loan Committee members and all affected juristictions. The Chairperson will approve all actions approved during a Loan Comrnittee meeting by signing a copy of the approved minutes. -2- . , . . , . . . . . Basic Loan Policies 1. All loan applications and requests will be considered on a first-corne first-serve basis. However, priorities will be considered in cases of great need or urgency as defined by each funding source guideline. Need includes factors such as income, age and physical condition of client, overcrowding and any existing health or safety issues. Urgency includes any factor that presents a serious health or safety threat. The Loan Committee wìl1 follow basic funding source (CDBG, ESG, HOME, etc.) guidelines in judging a project or client's suitability for loans. 2. All loans will be distributed in a manner assuring 100% low income (80% of County median income) or very low income (50% of County median income) benefit except where the funding source guideline (i.e. CALDAP) instructs otherwise. All loans to homeowners for single family residential rehabilitation (i.e. unincorporated County, City of Cupertino, City of Los Altos, Town of Los Altos Hills, Town of Los Gatos and City of Satatoga) will be awarded as shown on the attached Housing Rehabilitation Loan Opportunities chart. The loan can be deferred at 0% or 6% annual percentage rate (APR) or amortized at 0% or 3%. The length of the loan will be 15 years unless sorne special exception is justified. 4. bther loans such as loans to Non-Profits for acquisition and rehabilitation of an existing structure for the purpose of creating or maintaining low cost housing will not have a specific loan arnount limit. Unless a case for an exception can be made, the loan terms wìl1 be 6% APR if the loan is deferred and 3% if the loan is arnortized. The length of the loan will be 30 years unless an exception is necessary to assure the long term affordability of the rents or viability of the project. All of the loans are secured by a deed of trust. 3. 5. All loans, be it acquisition and rehabilitation, new construction, or acquisition only, shall be submitted to the Loan Cornmittee for review. The Loan Cornmittee has the option to establish the terms of the loan' or to recommend that the applicant request a grant from the Board of Supervisors. lre.pol & pro.9/13/96 -3- t EXHIBIT I DECLARATION OF CONTRACTOR (to be completed by all Type I or Type II contractors) A. [x] This is a Type I service contract under the Board of Supervisor's Resolution on Contracting Principles. If this box is checked, please complete the following: Type I Category: Section II C. 6 Explanation: Contract with other public agencies B. [ ] This is a Type II contract under the Board of Supervisor's Resolution on Contracting Principles. C. To be completed by Contractor: The contractor currently has other County Contracts for the same or similar services: [ I Yes [XI No If Yes ischecked, please list and describe contracts, types and dollar amounts. D. I am authorized to complete this form on behalf of Citv of Saratoga (name of contracting entity). I have used due diligence in obtaining this information, and this information contained herein is complete and accurate. . Signature: Name: Dave Anderson Title: Ci ty Manager Contractor Ci ty of Sara toga Date: City Contracts Dec of Contractor· Exh I Grg - 9/03/03 . . e . e e ( . EXHIBIT.. . CONTRACT PROVISIONS TO IMPLEMENT THE TERMS OF THE RESOLUTION RE CONTRACTING PRINCIPLES (TYPE I CONTRACTS] This contract is a Type I service contract, subject to the Resolution of Contracting Principles adopted by the Board of Supervisors on October 28, 1997. Accordingly, Contractor shall comply with all of the following: a. Contractor shall, during the term of this contract, comply with all applicable federal, state, and local rules, regulations, and laws. . b. Contractor shall maintain financial records adequate to show that County funds paid under the contract were used for purposes consistent with the terms of the contract. These records shall be maintained during the term of this contract and for a period of three (3) years from termination of this contract or until all claims, if any, have been resolved, whichever period is longer, or longer if otherwise required under other provisions of this contract. . . The failure of Contractor to comply with this Section or any portion thereof may 'be considered a material breach of. this contract and may, at the option of the County, constitute grounds for the termination and/or non-renewal of the contract. Contractor shall be provided reasonable notice of any intended termination or non-renewal on the grounds of noncompliance with this Section, and the opportunity to responq and discuss the County's intended action. . 2 Type I COntractslExh I . p. 2 Contracting Principles 7/19/99, , . . . MEETING DATE: SARATOGA CITY COUNCIL November 19, 2003 AGENDA ITEM: ~ Community Development CITY MANAGER: vd ~ Thomas Sullivan, AICP. DEPT HEAD: ¥- Richard Taylor, City Attorney ORIGINATING DEPT: PREPARED BY: SUBJECT: Adoption of an Interim Ordinance Prohibiting New Personal Service Businesses on the Ground Floor in the Village RECOMMENDED ACTION: Accept public testimony regarding the draft Ordinance and adopt the ordinance. REPORT SUMMARY: A draft Ordinance prohibiting the establishment of new Personal Service Businesses in the Village has been prepared for Council approval This Ordinance would bar new Personal Service Businesses from locating in the Village. Personal Service Businesses include, but are not limited to, hair and nail salons and day spas. This Ordinance will extend the Urgency Ordinance by 10- months and 45-days. This ordinance may be extended once. STAFF REPORT: Background - At the September 17, 2003, City Council meeting Council discussed recent action taken by the Town of Los Gatos to adopt an Urgency Ordinance to preserve currently vacant retail spaces in their historic downtown commercial district by placing a moratorium on new Personal Service Businesses. The Los Gatos ordinance addressed a Town policy that classified Personal Service Businesses as a pennitted use on street frontage in their historic downtown. In a move to preserve the remaining vacant retail space and overall downtown business mix, the Los Gatos Town Council adopted an interim moratorium on new Personal Service Businesses to allow staff time to develop alternative approaches to regulating these types of uses. At the same meeting, Council directed staff to investigate whether the Saratoga Village has experienced the same trend away from retail towards apredomÍnance of personal services. At the City Council meeting of October 15, 2003 an Interim Ordinance was adopted. This Interim Ordinance will expire in 45 days from the date of adoption if not extended by the adoption of the attached ordinance. Saratoga's downtown historic business district has recently experienced a significant loss of retail shops. This is a trend experienced not only in the City of Saratoga's downtown but also in 1 þ many downtowns throughout CalifofIÚa. Personal Service Businesses are an industry on the rise, and with high vacancy rates downtown, the City of Saratoga is experiencing a surge in the . applications for nail salons, hair parlors, and various other personal services. The most common Personal Service Businesses currently found in the downtown are hair and nail salons, which are allowed on ground floor spaces. A recent survey showed that 16 of 112 businesses in the Village were. designated Personal Service Businesses as permitted uses. The following is a breakdown of all businesses classified under Personal Services: · Day Spas: 2 · Nail Salons: 3 · Hair Salons: 9 · Psychic: 1 While the numbers of Personal Service Businesses listed above may seem small, after an initial review of City business licenses in calendar year 2001 approximately 10 locations in the Village were used for Personal Services Businesses. That the number increased slightly to 13 locations in calendar year 2002, and thus far in calendar year 2003 the number has increased to 16 locations. Due to the size of our downtown the increase in personal services should be considered significant. Two additional personal service businesses are seeking vacancies in the Village, which have not yet been refle:cted in the total personal service business inventory. Council has allocated funds to improve the Village in hopes to make the downtown vibrant for . merchants, residents and visitors. With new streetscape furniture, a decorative lighting program, and upcoming parking management program, the desire to maintain a healthy business mix in the Village is becoming a concern. Adoption of this Ordinance, which extends the Interim Ordinance that was adopted on October 15, 2003, will provide up to a two-year prohibition on personal service uses on ground floor spaces in the Village. Such temporary prohibition would allow staff time to research and develop recommendations for the Planning Commission and City Council to consider adoption of regulations relating to Personal Service Businesses in the Village (CH-I/CH- 2 zones). If Council determines that the mix of businesses in the Village is at risk of being compromised, Council could approve the Interim Ordinance that would place a moratorium on any new Personal Services Businesses opening on first floor street frontages in the Village. As discussed below, the initial term of the moratorium would be 45 days and could be extended subsequently for a total of two years. Saratoga Village Zoning - The CH-l1 CH-2 Commercial Historic Zoning District controls land uses for downtown Big Basin WaylHWY 9 beginning from HWY 9 & Saratoga-Los Gatos Road and ending past 6th street. Downtown Saratoga is often regarded as the main commercial historic district within the City of Saratoga. Personal Service Businesses are currently allowed in the CH-I/CH-2 zone as a Permitted Use. The following is a portion of the Commercial Zoning Ordinance, which lists the permitted and . permitted subject to a Use Permit uses. The presented information is for both citywide 2 , · · · commercial zones as well as the restrictions, which apply in the Village under the CH-I/CH-2 zones: The following general regulations shall apply to all commercial districts in the City: (a) Permitted uses. The following permitted uses shall be allowed in any commercial district, unless a use involves the operation of a business providing direct customer service (including, but not limited to, conducting a delivery service) on-site between the hours of 1:00 AM. and 6:00 AM., in which event such use may be allowed upon the granting of a use permit pursuant to Article IS-55 of this Chapter: (1) Retail establishments, except restaurants, markets, delicatessens, and any establishment engaged in the sale of alcoholic beverages. (2) Service establishments. (3) Home occupations, conducted in accordance with the regulations prescribed in Article 15-40 of this Chapter. (4) Parking lots which comply with the standards for off-street parking facilities as set forth in Section 15-35.020 of this Chapter. (5) Accessory structures and uses located on the same site as a permitted use. (b) Conditional uses. The following conditional uses may be allowed in any commercial district, upon the granting of a use permit pursuant to Article IS-55 of this Chapter: (1) Restaurants. (2) Markets and delicatessens. (3) Any establishment engaged in the sale of alcoholic beverages. 15-19,020 (4) Hotels and motels. (5) Bed and breakfast establishments. (6) Institutional facilities. (7) Community facilities. (8) Game arcades. (9) Gasoline service stations on sites abutting Saratoga/Sunnyvale Road, Saratoga/Los Gatos Road or Saratoga Avenue and accessible directly from such arterial road; provided, that all operations except the sale of gasoline and oil shall be conducted within an enclosed structure. (10) Animal establishments, as defined in Section 7-20.01O(c) of this Code. All animal establishments shall be subject to the regulations and license provisions set forth in Section 7-20.210 of this Code. (11) Public buildings and grounds. (12) Public utility and public service pumping stations, power stations, drainage ways and structures, storage tanks, transmission lines and cable television facilities, (B) Accessory structures and uses located on the same site as a conditional use. (14) Antenna facilities operated by a public utility for transmitting and receiving cellular telephone and other wireless communications. In the CH 1 and CH 2 Zones the following additional use provisions are in affect. (a) Permitted uses. In addition to the permitted uses listed in Section Is-19.020(a) of this Article, the following permitted uses shall also be allowed in the CH- 1 and CH- 2 districts: 3 J (1) Professional, administrative and medical offices and financial institutions, when . located either above the street level or at the street level if separated from the street frontage by a retail or service establishment. (2) Single-family and multi-family residential units, when located either above the street level or at the street level if separated from the street frontage by a retail or service establishment. (b) Conditional uses. In addition to the conditional uses listed in Section 15-19.020(b) of this Article, the following conditional uses may also be allowed in the CH-l and CH- 2 districts, upon the granting of a use permit pursuant to Article IS-55 of this Chapter: (1) Professional, administrative and medical offices and financial institutions, when located at street level and having street frontage. (2) Theaters. (3) Religious and charitable institutions, (4) SingkÆamily and multiÆamily residential units, when located at street level and having street frontage. It is interesting to note that some of the "land uses" that generate the most sales tax per square foot of gross floor area also require the greatest scrutiny by the City. The Draft Ordinance - The draft Ordinance (attached) would impose a moratorium on the establishment of new Personal Service Businesses in the Village. Each section of the ordinance is summarized below. Findings - Section 1 of the Ordinance sets forth the rationale and immediate need for the . moratorium. Government Code section 65858(c) requires urgency interim ordinances to contain findings of a "current and immediate threat to the public health, safety, or welfare" that would be addressed by adopting the moratorium. The findings in the attached Ordinance explain that a moratorium on the establishment of new Personal Service Businesses is required to allow the City sufficient time to analyze this growing segment of retail businesses and develop comprehensive regulations to encourage variety within the Village retail area. Based on public testimony and Council discussion, the Council may wish to revise the Ordinance to include other findings regarding the need for a moratorium. The Findings section also explains that the Ordinance is not subject to CEQA because it falls outside the definition of a project in the CEQA Guidelines. Section 15378 of the Guidelines provides that a project is an action with potential for resulting in a direct or indirect physical change in the environment. Because the moratorium would not authorize any new Personal Service Businesses and would be of a limited duration, it does not create the potential for a physical change in the environment. The findings note that even if the moratorium were to be considered a project it would be exempt from further review because it can be seen with certainty that there is no possibility that it may have a significant effect on the environment. The Moratorium - Section 2 of the Ordinance imposes the moratorium. This section provides that notwithstanding any provision of the General Plan, Saratoga City Code, or other City policies, no new Personal Service Business will be allowed to locate on the first floor of the Village, unless a lease has been executed prior to the effective date of the Ordinance. . 4 ~ e e . This Section also defines a Personal Service Business as a use, not conducted within an office, providing services for the personal care of an individual including, but not limited to, hair and nail salons and day spas. Duration of Ordinance and Extension Procedure - Section 3 explains that the Ordinance is an interim urgency ordinance adopted pursuant to Government Code section 65858. As an Urgency Ordinance, the measure would take effect immediately upon approval by 4/5ths of the Council. The Ordinance extends the moratorium until October 14, 2004. The Council must pass this Ordinance by 4/5ths vote. The remaining sections of the ordinance set forth various procedural matters that are self- explanatory. FISCAL IMPACTS: Adoption of the Interim Ordinance and preparation of recommendations regarding the potential changes to the Village (CH-l/CH- 2 zones) for personal service uses will not have a direct fiscal impact on the City. However, a continued loss of retail uses to Personal Service Businesses could result in erosion of sales tax revenue to the City of Saratoga over time. ADVERTISING, NOTICING, AND PUBLIC CONTACT: A notice of public hearing was published in the Saratoga News. CONSEQUENCES OF NOT ACTING ON RECOMMENDED MOTION: Personal service uses in the Village would remain unchanged. ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: NIA ATTACHMENTS: 1. Draft Interim Urgency Ordinance 5 ¡ ORDINANCE NO. e AN INTERIM ORDINANCE EXTENDING A MORATORIUM ON NEW PERSONAL SERVICE BUSINESSES LOCATED ON THE GROUND FLOOR IN THE VlLLLAGEAND DECLARING THE SAME TO BE AN URGENCY MEASURE TO TAKE EFFECT IMMEDIATELY THE CITY COUNCIL OF THE CITY OF SARATOGA DOES ORDAIN AS FOLLOWS: Section 1. Findings. The City Council finds and declares as follows: a. The City of Saratoga's Village business district has long been recognized as an area that has a mix of businesses that included cross section of retail, service, restaurant, and personal service industries that contribute to our citizens quality of life. b. The City's Village Design Guidelines and Village Improvement Project both contain numerous goals to create a vibrant downtown where the mix of retail and service based businesses exist. c. A nationwide economic recession has reduced the demand for many retail goods resulting in retail business failures and increasing retail space vacancies in the Village d. While the total number of Personal Service Businesses continues to grow, our current _ vacant retail space is being converted to additional Personal Services Businesses .. compromising our desired Village business mix. e. The City does not have complete and comprehensive information analyzing the current business enviromnent of the Village or describing the total number, type, and mix of businesses located therein, or the growth trend of different types of businesses, including Personal Service Businesses. f. The zoning provisions of the City of Saratoga does not provide a definition of "Personal Service Business" nor does it contain adequate procedures for investigating and addressing the impacts of new Personal Service Businesses in the Village. g. While the precise number of Personal Service Businesses has yet to be determined, an initial review of City business license information indicates that in calendar year 2001 approximately 10 locations in the Village were used for Personal Services Businesses, that the number increased slightly to 13 locations in calendar year 2002, and that thus far in calendar year 2003 the number has increased to approximately 16 locations. h. While a more detailed survey may more accurately reflect the number of Personal Service Businesses in the Village, the preliminary information referred to herein, coupled with the pending and anticipated opening of more such businesses, suggests the existence of a large and rapidly increasing number of Personal Service Businesses in the Village specializing in hair, nail, and skin care, and a trend of vacant retail spaces converting to Personal Service Businesses. 1. An increase in the existing number of Personal Service Businesses in the Village potentially threatens the City's desired business mix of retail and service businesses in a _ number of way, including, but not limited to, a concentration of Personal Services .. 1 \ e e . Businesses which limit or exclude other retail activities, the decrease of varied retail opportunities thereby reducing the attractiveness ofthe Village to both shoppers and new retail businesses, and ultimately jeopardizing the ability of the City's retail areas to successfully compete with other retail areas in the region. J. The City's Department of Community Development has been directed to evaluate and make recommendations to the Planning Commission and City Council regarding the necessity and potential form ofregulation of new Personal Service Businesses. k. Establishment of new Personal Service Businesses during the time the City staff is studying the business environment and the value of imposing regulations on such businesses could result in conflicts with any regulations that might ultimately be adopted. 1. For the reasons stated herein, the opening of new Personal Service Businesses in the Village during the term of this Ordinance poses a current and immediate threat to public health, safety, and welfare. m. In recognition of the foregoing the City Council on October 15, 2003 adopted an urgency ordinance imposing a 45 day moratorium on the establishment of any new Personal Service Businesses in the Village. Because it has not yet been possible to obtain and evaluate the information being developed by City staff, the purpose ofthis ordinance is to extend that moratorium to October 14, 2004. n. This Ordinance is not a project subject to the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15378, subdivision (b). In the event that this Ordinance is found to be a project under CEQA, it is subject to the CEQA exemption contained in section 15061, subdivision (b) (3) of the CEQA Guidelines, because it can be seen with certainty that there is no possibility that it may have a significant effect on the environment. The purpose of this Ordinance is to prohibit on an interim basis, new Personal Service Businesses in the Village which may be otherwise permissible under existing policies. The Ordinance will not create a change in the environment because it maintains the status quo. Any delay in opening such businesses is only temporary in nature, and would not indirectly or directly result in a physical change to the environment. Section 2. Regulation. The following regulation is hereby imposed. This regulation shall prevail over any conflicting provisions of the Saratoga City Code or the other ordinances, resolutions, policies, and regulations ofthe City of Saratoga: 1. During the term of this Interim Ordinance, no new Personal Service Business shall be located on the first floor of the Commercial Historic District (CH-l and CH-2), unless a lease has been executed prior to the effective date ofthis Ordinance. 2. "Personal Service Business" means a use, not conducted within an office, providing services for the personal care of an individual including, but not limited to, hair and nail salons and day spas. Section 3. Interim Urgency Ordinance. 2 I Based upon the findings set forth in Section 1, above, this is an Interim Urgency . Ordinance adopted pursuant to Govemment Code section 65858, and pursuant to the authority granted to the City of Saratoga in Article 11, Section 7 of the California Constitution. This Ordinance shall therefore take effect immediately upon adoption. This Ordinance shall extend the term of the Interim Urgency Ordinance adopted on October 15,2003 until October 14,2004, unless extended prior to that time by the City Council pursuant to Government Code section 65858. Section 4. Reporting Requirement. Ten days prior to expiration ohhis Interim Ordinance, the City Council shall issue a written report pursuant to Government Code section 65858(d) describing the measures taken to alleviate the conditions which have led to the adoption of this Interim Ordinance. Section 5. Severance Clause. The City Council declares that each section, sub-section, paragraph, sub-paragraph, sentence, clause and phrase of this Ordinance is severable and independent of every other section, sub-section, paragraph, sub-paragraph, sentence, clause and phrase of this Ordinance. If any section, sub-section, paragraph, sub-paragraph, sentence, clause or phrase of this Ordinance is held invalid, the City Council declares that it would have adopted the remaining provisions of this Ordinance irrespective of the portion held invalid, and further declares its express intent that the remaining portions of this Ordinance should remain in effect after the invalid portion has . been eliminated. Section 6. Publication. This Ordinance or a comprehensive summary thereof shall be published once in a newspaper of general circulation of the City of Saratoga within fifteen days after its adoption. This interim Ordinance was passed and adopted at a regular meeting of the City Council of the City of Saratoga on November 19,2003 and adopted by at least a four-fifths (4/5) vote of the City Council as follows: COUNCIL MEMBERS: AYES: NAYS: ABESNT: ABSTAIN: SIGNED: ATTEST: MAYOR OF THE CITY OF SARATOGA Saratoga, Califomia CLERK OF THE CITY OF SARATOGA Saratoga, California . 3 , · · · SARATOGA CITY COUNCIL MEETING DATE: ~ CITY MANAGER: V--./?'/ ~ November 19, 2003 AGENDA ITEM: ORIGINATING DEPT: Community Development PREPARED BY: Thomas Sullivan, AlCP DEPT HEAD: SUBJECT: The Gateway Design Guidelines document is presented here for adoption by the City Council. The Gateway Design Guidelines is a policy document written to guide development of private property located along Saratoga-Sunnyvale Road between the railroad tracks at Azule Crossing and the City Limit line at Prospect Road, RECOMMENDED ACTION: Adopt the Gateway Design Guidelines. REPORT SUMMARY: After many years of community taskforce input the Gateway Design Guidelines were presented to the Planning Commission in the fall of 2002. The Planning Commission adopted a resolution recommending the City Council adopt the Gateway Design Guidelines. The community taskforce went beyond typical Design Guidelines in that regulations were being developed to implement the Design Guidelines. These "regulations" became a matter of disharmony between the business interest and the residential members of the taskforce committee. The Planning Commission made a valiant attempt to find middle ground. When presented with the Gateway Design Guidelines in spring of2003, the Council adopted four purpose statements and appointed a small subcommittee. The goals established for Saratoga- Sunnyvale Road by the Saratoga City Council were: A. Successful Business Environment in the Saratoga-Sunnyvale Corridor The primary planning and design objective for the Saratoga Gateway District is to organize buildings, parking, clear sight lines from the street to enhance business visibility of reasonable signage and internal site circulation to create convenient, community scaled commercial activity areas. B. Enhance the Neighborhood Quality of Life Create an attractive theme to the Gateway area, such as a village or "town" look, which will encourage a retail destination for the local community and make a friendly pedestrian environment for existing and future housing and commercial uses. New developments must 1 minimize impacts to residential neighborhoods by positioning commercial development toward the front of the property along Saratoga-Sunnyvale Road, while using landscape buffers, setbacks, and reduced building heights near the single story neighbors to enhance pnvacy. , . C. New Commercial Projects to be Consistent with the Rural Character of Saratoga. The rural residential character of the City has been created and maintained through low residential densities, extensive landscaping along streets and the relatively low profile and height of structures. In commercial areas this can be achieved by the use of architectural features, materials and color to reduce bulk and mass. The use of traditional residential architectural design themes that can be transformed into effective commercial functions can be an effective method in which to achieve this goal. D. Gateway Design Guidelines to be Consistent with Existing Saratoga Zoning Regulations. The Gateway Design Guidelines need to focus on the look, feel and architectural quality of the Saratoga-Sunnyvale Corridor and are not intended to impose a surrogate set of defacto zoning regulations for one of several Commercial Districts within the City. The subcommittee appointed by the City Council in the spring of2003 comprised of council members, commissioners, business and residential property owners. The new subcommittee was charged with de-regulating the proposed document so that it contained policy rather than ordinance language. The revisions make the document consistent with the City's other policy documents including, the Village Guidelines and the Residential Design Handbook. The subcommittee . appointed by Council met throughout the summer and fall of 2003. At the subcommittee's last meeting of September 16,2003 the committee voted 6-1-1 (member Mallory opposed, member Barry absent) to present the attached document to the City Council for adoption. ALTERNATIVES: 1. Decline to adopt the proposed document. 2. Refer the document back to staff for restudy to address specific concerns and issues. FISCAL IMPACTS: Not applicable. ADVERTISING, NOTICING AND PUBLIC CONTACT: Mailed notice to property owners within 500 feet of the Gateway properties, posted notice, and advertised the notice in the newspaper. ATTACHMENT: 1. Design Guidelines Document, dated November 19,2003. 2. Resolution of Approval. 3. Map of notification boundaries. 2 . · · Attachment 1 · CITY OF SARATOGA e SARA TOGA-SUNNYVALE ROAD GA TEW A Y DESIGN GUIDELINES . " . e ,. . .... .. .- e Adopted by the Saratoga City Council on November 19, 2003 . TABLE OF CONTENTS . . Introduction........................................................ . Applicability...................................................... . Gateway District Boundary............................... Goals for Saratoga/Sunnyvale Road ................... Design Guideline Objectives and Guiding Principles Architecture and Materials ......,............... Commercial Retail Signage ..................... Landscape and Buffering ......................... Fencing and Screening Walls ..............,... Lighting and Furnishings ......................... Page 3 Page 4 Page 5 Page 6 Page 8 Page 10 Page 13 Page 15 Page 17 Page 18 SARATOGA-SUNNYVALE ROAD GATEWAY DESIGN GUIDELlI~ES 2 INTRODUCTION . The Design Guidelines for the Saratoga-Sunnyvale Road Gateway have been prepared to guide new development or property re-development in the Saratoga-Sunnyvale Road Gateway district. The Saratoga-Sunnyvale Road Gateway streetscape improvement master plan has been adopted to address improvements within the public street right-of-way to create a new northern gateway to the City. These guidelines build upon that plan to address private sector redevelopment that is anticipated to occur adjacent to the public street right-of-way on private, commercially zoned property. Additionally, the guidelines provide direction for the design of mixed-use projects that introduce a component of residential uses within the Gateway district, as provided for in the General Plan housing element. These design guidelines were developed in concert with the Saratoga-Sunnyvale Road Gateway master plan through a series of citizen Task Force meetings. Goals for the Gateway were identified at the initial Task Force meeting and further refined at successive meetings. An inventory of existing conditions and visual images that occur along Saratoga-Sunnyvale Road was prepared in the early stages of project development that served as the basis for a Visual Preference Survey. That survey allowed Task Force members to document their preferences as to what types of design elements reflected an appropriate character for Saratoga and the Gateway district. Draft guidelines and successive revisions to those drafts have resulted in this document addressing: · Applicability; · Gateway District Boundaries encompassing the C-V and C-N Commercial Zone districts; · Goals for the Saratoga-Sunnyvale Road Gateway; · Design Guideline Objectives and Guiding Principles, and Design Guidelines for: Architecture and Materials Commercial Retail Signage Landscaping and Buffering Fencing and Screening Walls Lighting and Furnishings . . SARATOGA-SUNNYVALE ROAD GATEWAY DESIGN GUIDELINES 3 · APPLICABILITY These guidelines and development standards are intended to govern new development occurring in the Saratoga Sunnyvale Road Gateway District, as defined by the boundaries described in this design guideline document. The guidelines are not intended to apply to existing uses or development (structures and site improvements) but rather, to new development of mixed use, commercial or residential projects or substantial redevelopment of existing uses as described below. 1. These development standards and guidelines shall not require properties in the gateway to be redeveloped as mixed use; 2. These development standards and guidelines shall apply upon reconstruction of 50% or more of the building total floor area of an existing building, cumulative over a 5 year period; 3. If rebuilding in-kind replacement of a current use due to a natural disaster or catastrophic event, the provisions of these development standards and guidelines shall not apply. · · SARATOGA-SUNNYVALE ROAD GATEWAY DESIGN GUIDELINES 4 GATEWAY DISTRICT BOUNDARY . SARATOGA-SUNNYVALE ROAD GATEWAY DESIGN GUIDELINES . . 5 · GOALS FOR SARATOGA- SUNNYV ALE ROAD Goals established for Saratoga-Sunnyvale Road by the Saratoga Gateway Citizen Task Force are: 1. Create a memorable GatewaylSpecial Entry 2. Character and Image identifiable 3. Maintain business viabilitylcommercial strength 4. User friendly 5. Improve Safety 6. Meet functional and other necessary requirements 7. Improve corridor consistency 8. Develop functional and character elements Goals established for the Saratoga-Sunnyvale Road by the Saratoga City Council are: · A. Successful Business Environment in the Saratoga-Sunnyvale Corridor o The primary planning and design objective for the Saratoga Gateway District is to organize buildings, parking, clear sight lines from the street to enhance business visibility of reasonable signage and internal site circulation to create convenient, community scaled commercial activity areas. B. Enhance the Neighborhood Quality of Life o Create an attractive theme to the Gateway area, such as a village or "town" look, which will encourage a retail destination for the local community and make a friendly pedestrian environment for existing and future housing and commercial uses. New developments must minimize impacts to residential neighborhoods by positioning commercial development toward the front of the property along Saratoga-Sunnyvale Road, while using landscape buffers, setbacks, and reduced building heights near the single story neighbors to enhance privacy. · C. New Commercial Projects to be Consistent with the Rural Character of Saratoga. o The rural residential character of the City has been created and maintained through low residential densities, extensive landscaping along streets and the relatively low profile and height of structures. In commercial areas this can be achieved by the use of architectural features, materials and color to reduce bulk and mass. The use of traditional residential architectural design themes that can be transformed into effective commercial functions can be an effective method in which to achieve this goal. SARATOGA-SUNNYVALE ROAD GATEWAY DESIGN GUIDELINES 6 D. Gateway Design Guidelines to be Consistent with Existing Saratoga Zoning Regulations. . o The Gateway Design Guidelines need to focus on the look, feel and architectural quality of the Saratoga-Sunnyvale Corridor and are not intended to impose a surrogate set of defacto zoning regulations for one of several Commercial Districts within the City. For the purpose of the Design Guidelines, the goals are expanded upon to further define the scope of the proposed guidelines through the addition of the following objectives and guiding principles for planning and design that support each goal. The planning and design objective and guiding principles can be expressed in terms of the existing uses in the corridor and the potential future uses that might define a desirable future condition in the corridor. . . SARATOGA-SUNNYVALE ROAD GATEWAY DESIGN GUIDELINES 7 e DESIGN GUIDELINE OBJECTIVE AND GUIDING PRINCIPLES 1. Planning and Design Objectives 1 The primary planning and design objective for the Saratoga Gateway District is to organize buildings, parking and internal site circulation to create convenient, comfortably-scaled commercial activity areas. (Goal A) 2 Allow for incorporation of residential uses to increase diversity in Saratoga's housing stock. (Goal D) 3 Preserve and protect Saratoga's pedestrian-friendly environment and enhance the quality of life by encouraging Commercial activity in the Gateway district. (Goal A, B) 4 Promotelencourage housing provisions consistent with General Plan for resident employees of the City of Saratoga businesses and service providers such as teachers. (Goal D) e 5 Promote site design and other opportunities to encourage the display of public art. (Goal B) 2. Guiding Principles Guiding principles in support of those objectives include the following: 1 Encourage a diverse mix of complementary commercial uses (retail, restaurant, service, office) with residential uses located on upper floors and to the rear of the property. (Goal D) 2 Create a strong identity that represents the entire Saratoga Gateway District. This may be accomplished through the use of finishes or site elements that tie the different uses together. (Goal B,C) 3 Provide a variety of building sizes and building facade articulation to foster variety and mix in order to mitigate large-scale building masses. (Goal B, C) 4 Coordinate site development proposals to maximize site to site pedestrian connections. (Goal A) 5 Coordinate site development proposals to promote shared parking where possible. (Goal A) 6 Locate service and ancillary areas so that they can be visually screened from the view of residential occupants and are located away from Saratoga-Sunnyvale Road and pedestrian use areas. (Goal B,C) . SARATOGA-SUNNYVALE ROAD GATEWAY DESIGN GUiDELINES 8 7 Encourage site design where parking does not dominate site layout from Saratoga-Sunnyvale Road or from buildings. (Goal A) e 8 Where appropriate, provide direct, continuous pedestrian routes from the street to building entries, across all large parking areas and between all activity areas of the Saratoga Gateway District. (Goal A, B) 9 Mitigate adverse impacts to existing neighboring uses and commercial uses. (Goal A,B,C) 10 Encourage commercial development toward the front of the property along Saratoga-Sunnyvale Road. (Goal A,B,C) 11. Any redevelopment projects shall provide sound walls and landscape screening in order to protect the privacy and quality of life of abutting residential land uses as provided for in these design guidelines. (Goal B) 12. Where feasible highly promote and encourage site-to-site circulation unless uses are incompatible. (GoaIA,B) e e SARATOGA'SUNNYVALE ROAD GATEWAY DESIGN GUIDELINES 9 · · · ARCHITECTURE AND MATERIALS 1 Encourage smaller-scale building floorplates with an appropriate scale and architectural style, consistent with early Californian architectural styles, (including, but not limited to, Craftsman, Queen Anne, Stick, and Mission) that conform to the look ofthe general area. (Goal B,C) 2 Buildings should relate specifically to Saratoga's residential areas and illustrate residential massing with low-pitched gable or hip roofs, dormer windows, etc. (Goal C) 3 In order to reduce the perceived scale of buildings, building masses shall be broken into smaller components. Large "boxes" with no articulation will not be allowed. (Goal C) 4 Building walls and rooflines should include articulation, with a change in surface materials, color or surface plane. All primary building entrances must be identified with architectural details such as towers, projections, varied roofs, trellis work, pergolas or covered entry ways. (Goal B,C) 5 Buildings should be designed with vertical breaks to create differentiation along the front facade. This can be done with indented balconies orland articulation of massing orland changes in material, texture, and color. (Goal C) 6 Comers of buildings should be highlighted with special design features to increase visual interest where appropriate. Entrances or display windows to the retail shops are encouraged at building corners that face street corner locations. (Goal B) 7 Rooflines should be varied in style and size to create interest. All buildings should include roof features such as pitched roofs, detailed parapets, or entry features. Rooftop mechanical equipment shall be screened on all sides. (Goal B,C) 8 Rooftop mechanical units, vents, and flues shall be screened. Screening rooftop mechanical equipment by means of pitched roof forms or penthouses is encouraged. (Goal B,C) 9 Service and loading areas should not be located immediately adjacent to residential uses or Saratoga Sunnyvale Road. (Goal B,C) SARATOGA·SUNNYVALE ROAD GATEWAY DESIGN GUIDELINES CIC,,:-'1.~.\I;\" ( I 'ÌÍ~s- I '13 () ) ~ _\\O~I¡':R¡':Y \,;ç15""'.'ji ~~:~r i lTI':im1< I 0' fi (fII/] nUlJillIi aiti -.:::JJ~___.~ Ql'E¡;.:-' .',\\.;.: í!-,!(i:H,"\~~W" \ I ~O(¡_I~ (¡) ~'~~/ \\--7 f.:J,\, ; IA ..iY'IC1 - ~ _: oi <..; '" ~ SP,\\'iSII();U-:CïÎ( (f(ji5'·!iJ4')) STIU': (¡iì(,O-1 ~<)0) I'¡~;\!.'{ i i ¡ I voo,· ¡t¡~(>.J .....------::--- ~< I'II!II~ M¡SS1\)\! (II;<}<!" 19"") ~.~I~O '-~. 00 : IIITJ! I , " I! ,----.._--',;&-J...n..J 10 lOA specific color palette, list of materials, and common architectural features will be required for all development in the Saratoga Gateway District. This is intended to establish a common theme or style of architectural design for all buildings within the District. All buildings shall incorporate 360 degree (i.e. all building faces) use of materials and color. (Goals B,C) 11 Colors for all buildings should be earth tones, neutrals and soft muted colors. The predominant color should be in the range of grays, beige through dark brown, terra cotta and sandstone, dark greens, or muted red. Bright intense colors are not allowed. Stark white or black is discouraged for use other than as trim. Un-muted primary colors are not allowed. (Goals B,C) 12 Finish materials for walls should be predominantly natural materials such as brick, textured block, stone, slate, stucco, wood, clap board siding or textured and colored concrete that closely resembles such materials. Accent materials may include canvas for awnings, metal trim, ceramic tiles, concrete castings, terra cotta, or stucco. Window and door trim should be bronzed or baked enamel colored finish that is complimentary to the color of the wall. Materials such as galvanized metal, glossy aluminum, smooth concrete, metal siding, vinyl, and reflective glass are not allowed. (Goals B,C) 13 Encourage canopies/awnings/arcades to define entrances and provide shelter along buildings. (Goal B) 14 Building entrances should be set back from drive curb lines to achieve public safety and entry articulation. (Goal B) 15 Building entrances should be identifiable from parking areas. (Goal A, B) 16 Building materials should include appropriate materials to achieve city council goals. Such materials should establish a single, recognizable style, consistent with early California, for all adjacent commercial areas. The rural residential character of the City should be maintained through low residential densities, extensive landscaping along streets and the relatively low profile and height of structures. In commercial areas this can be achieved by the use of architectural features, materials and color to reduce bulk and mass. The use of traditional residential architectural design themes that can be transformed into effective commercial functions can be an effective method in which to achieve this goal. (Goal B) SÞ-RATOGA-SUNNYVALE ROAD GATEWAY DESIGN GUIDELINES e ~~~ V"~. '. ~~ 11 · · · 17 A predominance of masonry, wood and brick shall be used on ground levels of all buildings. (Goal B) 18 Reflective materials such as bright aluminum and glass are not allowed as the primary building material on exteriors. (Goal B) 19 Pedestrian amenities, such as benches, trash receptacles, outdoor dining and vendor carts on private property, are encouraged to be consistent with the theme established by Saratoga-Sunnyvale Road Gateway. (Goal B) SARATOGA-SUNNYVALE ROAD GATEWAY DESIGN GUIDELINES 12 COMMERCIAL RETAIL SIGNAGE 1 Signage should be visible but fit appropriately with building architecture. (Goal A,B,C,D) 2 Sign materials should be complementary and consistent with architectural materials. (Goal B,C) 3 No pole-mounted signs identifying commercial businesses are allowed. (Goal D) 4 No permanent billboards are allowed anywhere in the Saratoga Gateway District. (Goal D) 5 Monument signs shall exhibit the following design character: (Goal A,B,C,D): · Horizontal orientation. · External illumination is strongly encouraged. · Internally lit signs are subject to design review. · Limited to one monument sign per parcel. · Sign size "matched" to frontage length of parcel. · Must use natural materials. · Encourage monument signs to be designed consistent in size and appearance within the Gateway. · Monument signs are to be placed so that they are visible to passing motorists. · Must maintain adequate landscaping around the monument sign. · Commercial signs for the identification of multi-tenant projects or buildings should be ground mounted, internally or ground-lighted with a masonry base that is integrated with site landscaping. · Signage should be ground-lit or otherwise washed with light from a concealed light source. 6 Storefront/Shop signage (Goals A, B,C,D): · Prefer indirect illumination. · Intemally illuminated signs only permitted along Saratoga-Sunnyvale Road. These signs require design review. · Sign area and intensity as per Municipal code. · Individual storefront/shop signage at entries should be encouraged at a pedestrian scale, such as hanging signs under eaves, awning signs and building mounted signs. SARATOGA-SUNNYVALE ROAD GATEWAY DESIGN GUIDELINES . . 13 . 7 Seasonal banners on light poles identifying the Gateway District may be permitted. It may be permissible to identify, in a small font, a business or individual in exchange for funding of the barmers. (Goal B) . . SARATOGA-SUNNYVALE ROAD GATEWAY DESIGN GUIDELINES 14 LANDSCAPING AND BUFFERING 1 Landscape islands should be provided in parking lots to interrupt consecutive runs of parking spaces. Landscape islands shall incorporate a mix of shade tree and shrub plant material to visually buffer internal site views from both ground and to provide shade. (Goal B,C) 2 Parking areas should incorporate low landscaping buffers to screen parked cars from adjacent streets. All head in parking adjacent to public right of way or residential areas shall be screened by one of the following: masonry wall, earthen berm, and/or dense shrub planting. (Goal B,C) 3 Landscaped parking islands and medians should constitute a substantial portion of the overall parking area to achieve an attractive commercial environment consistent with the Saratoga environment. (Goal B,C) 4 The use of landscaping should be encouraged to distinguish access points, break up parking and define pedestrian access and spaces. (Goal B,C) 5 Landscape layout and design should orient the pedestrian environment. (Goal B) 6 Street tree plantings shall be required where none exist along Saratoga- Sunnyvale Road to promote a consistent tree canopy, reduce perceived building heights and provide shade. Street trees shall be pruned and otherwise maintained to provide visibility of businesses and to encourage proper growth and height. (Goal B,C) 7 Private drives serving the internal circulation needs of proposed development shall require street tree plantings, (Goal B,C) 8 Shrubs, groundcovers and perennial plantings are encouraged between detached pedestrian walks and buildings. (Goal B,C) 9 TreJlises with flowering vines and hanging flower baskets are encouraged at building entries to make the entry more easily identifiable, provide pedestrian scale and add visual interest. (Goal B,C) 10 Buffering between commercial or mixed use projects and adjacent residential uses shall incorporate the following: (Goal B,C) · Solid (decorative) masonry wall. · Exclusive landscape buffer area reserved for buffering purposes - no private outdoor use or other programmed activities are allowed within the buffer area. · Trees shall be 24" boxed size minimum. · Privacy issues shall be addressed through the citing ofba1conies and SARATOGA-SUNNYVALE ROAD GATEWAY DESIGN GUIDELINES . . ¿I... ~~ . "rk ~~~, -.~:t4i- )~f~ .",). ~~-;--.~;:4::·;~\ ':<,¡~g'''' ~ ,- -'/l.' ~,' " , .' J) 1Ll 15 . windows above ground floor level adjacent to residential properties to protect the privacy ofresidential neighbors. . Rear or side parking lots adjacent to residential uses shall be designed to address after hour security. 11 Buffering between commercial or mixed use development and other similar uses shall consist of a landscape area planted with trees, shrubs and groundcovers. (Goal B,C) 12 The following list of trees shall be considered for incorporation into the design of commercial parking lots. (Goal B,C) The following trees may be used for site design but are not limited to: TREE NAME TREE NAME (BOTANICAL) (COMMON) FOLIAGE TYPE Acer platanoides varieties Norway Maple Deciduous Carpinus betulus European Hornbeam Deciduous Celtis sinensis Chinese Hackberry Deciduous ~ Ginkgo biloba Maidenhair Tree Deciduous Lagerstroemia indica Crape Myrtle Deciduous Laurus x. 'Saratoga' Saratoga Laurel Evergreen Magnolia g. 'St. Mary' Saint Mary Magnolia Evergreen Pistacia chinensis Chinese Pistache Deciduous Pyrus calleryana Flowering Pear Deciduous Tristania conferta Brisbane Box Evergreen Tristania laurina Swamp Myrtle Evergreen . S,6,RI\,TOGA-SUNNYVALE ROAD GATEWAY DESIGN GUIDELINES 16 FENCING AND SCREENING WALLS 1 Fencing materials in the Saratoga Gateway District shall consist of wood, wood and masonry combinations or wood with masonry columns to reflect the general residential character ofthe Saratoga community. (Goal B,C) 2 Fencing installations shall incorporate continuous landscaping at the base and edges ofthe fence to integrate the fence with site and landscaping. (Goal B,C) 3 Fencing is discouraged between properties of similar use. (Goal A,B,C) 4 Trash service and loading areas should incorporate masonry wall buffers to screen service areas from adj acent streets. All trash, service and loading areas shall be screened by a masonry wall or enclosure designed to be an integral and complementary extension ofthe building architecture. (Goal B,C) 5 Trash, service and loading areas should not be located adjacent to street frontages or adj acent to existing residential uses and will be screened from view from public streets. (Goal B,C) 6 Trash and recycling enclosures shall be of masonry construction using broken face, slump block, raked joints or other textural variation to provide shadow effects and other subtle visual interest. (Goal B,C) 7 Self closing gates shall be provided on all trash and recycling enclosures. (Goal B) 8 Concrete- filled bollards or other means of comer protection are encouraged to protect enclosures rrom vehicular traffic and loading damage. (Goal A) SÞ-RATOGA-SUNNYVALE ROAD GATEWAY DESIGN GUIDELINES . . 17 LIGHTING AND FURNISHINGS e 1 Pedestrian lighting is encouraged throughout non-parking areas. A single "village" type thematic light fixture should be selected for the Saratoga Gateway District. (Goal A) 2 High-pressure sodium, wall pack and "barnyard" light types are discouraged. (Goal A,B,C) 3 All parking lot lighting shall be down cast "cut-off' type which will not cast glare on adjoining properties. A photometric study shall be required to document lighting levels at property line. Lighting should be directed away from existing residential property. (Goal B,C) 5 All pole lights shall use the same color and style of pole and fixture. (Goal B,C) 6 Site furnishings including benches, trash receptacles and bike racks should be complementary to the family of site furnishing elements designated for Saratoga-Sunnyvale Road gateway streetscape. (Goal B,C) 7 Bike racks shall be provided for new retail or mixed use development. e (Goal B) 8 Site lighting shall be restricted to security lighting only after business hours. (Goal B,C) . SÞ-RATOGA-SUNNYVALE ROAD GATEWAY DESIGN GUIDELINES ,\-"-, ,-', }-; JL l' L" 1t ;;.; I', .~ j'" [) i ~ J!l1 ß. 18 e Attachment 2 e e · · · APPROVAL OF RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA ADOPTING THE GATEWAY DESIGN GUIDELINES WHEREAS, the Design Guidelines for the Saratoga-Sunnyvale Road Gateway have been prepared to guide new development or property redevelopment in the Saratoga-Sunnyvale Road Gateway District; and WHEREAS, the goals established for Saratoga-Sunnyvale Road are as follows: Successful Business Environment in the Saratoga-Sunnyvale Corridor, Enhance the Neighborhood Quality of Life, New Commercial Projects are to be Consistent with the Rural Character of Saratoga, and the Gateway Design Guidelines are to be Consistent with Existing Saratoga Zoning Regulations; and WHEREAS, the guidelines and development standards are intended to govern new development occurring in the Saratoga-Sunnyvale Gateway District, as defined by the boundaries described in the design guidelines document; and WHEREAS, the guidelines are not intended to apply to eXlstmg uses or development (structures and site improvements) but rather, to new development of mixed use, commercial or residential projects or substantial redevelopment of existing uses as described below: 1. These development standards and guidelines shall not require properties in the gateway to be redeveloped as mixed use; 2. These development standards and guidelines shall apply upon reconstruction of 50% or more of the building total floor area of an existing building, cumulative over a 5 year period; 3. If rebuilding in-kind replacement of a current use due to a natural disaster or catastrophic event, the provisions of these development standards and guidelines shall not apply. WHEREAS, the City Council has conducted a duly noticed Public Hearing on November 19'\ 2003 at which time all interested parties were given full opportunity to be heard and to present evidence. NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby adopt the Gateway Design Guidelines. PASSED AND ADOPTED by the Saratoga City Council. State of California, the 19th day of November 2003 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: . Nick Streit, Mayor ATTEST: Cathleen Boyer, City Clerk . . ..¡ · · · SARATOGA CITY COUNCIL (f) MEETING DATE: November 19, 2003 AGENDA ITEM: ORIGINATING DEPT: Community Development CITY MANAGER: &~ PREPARED BY: John F. Livingstone AICP J1LDEPT HEAD: ~ SUBJECT: The Heritage Preservation Commission would like to update the Council on the progress ofthe Draft Master Plan for the Historic Park that will be used to apply for a grant from the County of Santa Clara Parks and Recreation Department. RECOMMENDED ACTION: Staff recommends the City Council discuss the draft Master Plan for the Historic Park and provide direction to the Heritage Preservation Commission on the plan and the proposed grant application. CITY OF SARATOGA HISTORIC PARK AT OAK STREET AND SARA TOGA~LOS GA TOS ROAD - REPORT SUMMARY: . At its October 1, 2003 meeting the City Council directed the Heritage Preservation Commission (HPC) to prepare a Master Plan for the Historic Park to be used as the basis for a grant application from the County of Santa Clara Parks and Recreation Department. A Draft Master Plan that will be submitted to the County with the grant application no later than December 5, 2003. The HPC would like to keep the Council informed of the progress being made and solicit comments on the draft plan rrom the Council. The draft plan will come back to the Council for a formal review. Unlike last years grant application form, this years includes a line for matched funds. The application explains that the funds should not be used as "seed" money to raise additional funds. Staff feels that the money allocated for the Master Plan, new siding on the Museum and the restoration of the book-go-round and a list of other recent expenditures would suffice as showing the City's intentions of improving the Historic Park. ALTERNATIVE: Recommend the HPC discontinue work on the draft Master Plan or Grant Application, or provide specific direction to the HPC. FISCAL IMPACT: . No City funds will be required for the grant process. The cost for the consultant to prepare the Master Plan has already been approved by the Council not to exceed $30,000. FOLLOW UP ACTIONS: 1. Staff will work with the consultant to complete a Draft Master Plan for the Historic Park. 2. The HPC will submit a grant application to Santa Clara County Parks and Recreation Department based on the Draft Master Plan. 3. The HPC will come back to the City Council with recommendations on how to spend any grant money received. 4. The Draft Master Plan will be brought back to the City Council for approval. ADVERTISING, NOTICING AND PUBLIC CONTACT: The item has been placed on the City Council Agenda and posted pursuant to Government Code 54954.2. ATTACHEMENTS: Draft Master Plan for the Historic Park Note: The grant application is available for review in the Community Development Department. . 20f2 ) ".' j'"' \ .-.' I\i'.- I <:0. ;.. +' . :1] .,1 r ~ \, .,! I ~ ~ . '1> W ~ , . . i \ I I ~~hI -t' ~ \ß " '=' .., ~ ~ .~ ~ ~ . / " "N,':Y :" "Ii: ~ -.+/..- + . .... T' ~ \:. ' .,. +' .. ìl@ .~ ~ ~ \I) ~ '~ "- 1'> ~ ~ . . ~ . , ~ ~ " , ~" .~ ~ .... ~ .~ ~~~ ~'" 1 , Saratoga Historical Park . Preliminary Site Plan Cost Estimate Revised November 10, 2003 NOT FOR CONSTRUCTION Prepared by: Design Studios West, Inc. Item Ouantitv Units Unit Price Total Price Mobilization: 1 Mobilization 1 Is $ 5,000.00 $ 5,000.00 Subtotal Mobilization $ 5,000.00 Demolition: 2 Remove Brick patio, benches, and wall 280 sf $ 2.00 $ 560.00 3 Remove Asphalt Paving 950 sf $ 1.00 $ 950.00 4 Remove Existing Tree 6 ea $ 230.00 $ 1,380.00 5 Clear & Grub Landscape Areas 5200 sf $ 0.10 $ 520.00 6 Miscellaneous Site Improvement Demolition 1 Is $ 5,000.00 $ 5,000.00 7 Existing Tree Pruning & Cabling 1 Is $ 25,000.00 $ 25,000.00 Subtotal Demolition $ 33,410.00 Paving/Curb & Gutter: 8 Sub grade Prep/Fine Grading 1 Is $ 2,000.00 $ 2,000.00 9 Curb & Gutter 82 If $ 17.50 $ 1,435.00 10 Asphalt Paving, including asphalt patch @ new C&G 200 sf $ 5.00 $ 1,000.00. 11 Concrete Driveway Pan 1 Is $ 2,000.00 $ 2,000.00 12 Patio Paving (unit pavers) 2144 sf $ 14.00 $ 30,016.00 13 Shade Garden Paving (unit pavers) 1280 sf $ 14.00 $ 17,920.00 14 Specialty Paving (colored concrete & pavers) 320 sf $ 14.00 $ 4,480.00 15 Sidewalk Paving 568 sf $ 6.00 $ 3,408.00 Subtotal Paving/Curb & Gutter $ 62,259.00 Landscaping: 16 Fine Grading 2400 sf $ 0.10 $ 240.00 17 Soil Prep 2400 sf $ 0.15 $ 360.00 18 Proposed Accent Trees 18 ea $ 500.00 $ 9,000.00 19 Shrubs (5 gal.) 232 ea $ 40.00 $ 9,280.00 20 Groundcover Treatment 100 sf $ 5.00 $ 500.00 21 Mulch in Shrub/Groundcover Beds 2400 sf $ 0.50 $ 1,200.00 22 Irrigation 2400 sf $ 2.00 $ 4,800.00 Subtotal Landscaping $ 25,380.00 Herb Garden 23 Soil Prep 1600 sf $ 0.15 $ 240.00 24 Herbs (4" pot) 1166 ea $ 2.00 $ 2,332.00 25 Mulch (planted areas) 1166 sf $ 0.50 $ 583.00 26 Mulch (path areas) 434 sf $ 1.00 $ 434.00 27 Irrigation 1166 sf $ 2.00 $ 2,332.00. 28 Misc. (demo., plant signage, bed edging) 1 Is $ 1,000.00 $ 1,000.00 Subtotal Herb Garden $ 6,921.00 Page 1 , · Miscellaneous Site Improvements: 29 Drylaid Flagstone Walls 208 ff $ 37.50 $ 7,800.00 30 Sign I ea $ 5,000.00 $ 5,000.00 31 Garden Table & Chairs 1 Is $ 5,000.00 $ 5,000.00 32 Benches 11 ea $ 1,000.00 $ 11,000.00 33 Stairs, 6' wide,S risers 2 ea $ 1,000.00 $ 2,000.00 34 Picket Fence, 4' ht. w/2 gates 50 If $ 20.00 $ 1,000.00 Subtotal Miscellaneous Site Improvements $ 31,800.00 Amphitheater Area 35 Earthwork 555 cy $ 5.50 $ 3,052.50 36 Drylaid Flagstone Walls 1160 ff $ 37.50 $ 43,500.00 37 Curtain Drains 350 If $ 2.00 $ 700.00 38 Colored Concrete Paving (Parking Area) 1200 sf $ 8.00 $ 9,600.00 39 Bollards 10 ea $ 500.00 $ 5,000.00 40 Mulch (4" deep, entire site) 18900 sf $ 0.50 $ 9,450.00 41 6' Board Fence 560 If $ 18.50 $ 10,360.00 Subtotal Amphitheater Area $ 81,662.50 · Subtotal Contingency - 20% Landscape Total $ $ $ 246,432.50 49,286.50 295,719.00 · Page 2 . e . SARATOGA CITY COUNCIL MEETING DATE: November 19, 2003 '1 \ .GJ~ AGENDA ITEM: CITY MANAGER: PREPARED BY: DEPT HEAD: SUBJECT: Continued Discussion on City Council Calendar for 2004 Concerning Council/Commission Joint Meetings RECOMMENDED ACTION: Accept report and direct staff accordingly. REPORT SUMMARY: On November 5, 2003, staff presented the draft Meeting Calendar for 2004 to the City Council. The Council set the date for the Council Retreat on January 24, 2003. After that a discussion , took place in regards to the proposed date for the annual CitylCommission joint meeting. In the past the City Council met with each Commission on the 2nd or 4th Tuesday of every month. In an effort to eliminate the amount of scheduled meetings, the City Council tried a different approach last year. An all day Saturday meeting was held allowing each Commission 45 minutes to meet with the Council. At the November 5th Council meeting it was suggested that Commissions meet with the City Council prior to the beginning of regular scheduled City Council meetings, which are held on the 1st and 3rd Wednesday of every month. If Council desires staff would schedule Closed Session from 5:30 p.m. - 6:00 p.m. and a Joint Meeting with the various Commissions from 6:00 p.m.- 7:00 p.m. This format will allow all Councilmembers to attend the Joint meetings. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: Council would not meet in the year 2004 with the various Commissions to discuss their accomplishments, future plans and ideas. ALTERNATIVE ACTION: Council may elect to direct staff to schedule an all day meeting on a Saturday in January between City Commissions and the City Council. FOLLOW UP ACTION: . Incorporate Council desires on the final meeting calendar and notifY staffliaisons. ADVERTISING, NOTICING AND PUBLIC CONTACT: Posting of the agenda. ATTACHMENTS: None . . 20f2 e e . MEETING DATE: SARATOGA CITY COUNCIL AGENDA ITEM: <6 CITY MANAGER: &J~ November 19, 2003 ORIGINATING DEPT: City Manager's Office PREPARED BY: Lorie Tinfow & Danielle Surd in DEPT HEAD: SUBJECT: Village Ad-Hoc Committee Proposal RECOMMENDED ACTION(S): Accept report and provide direction to staff regarding the further development of an ad-hoc committee to focus on ways to revitalize the Village. REPORT SUMMARY: At the October 15 meeting, City Council expressed interest in establishing a Village Ad-Hoc Committee to support village businesses. Council members Kathleen King and Norman Kline volunteered and were commissioned to work with staff to develop a mission statement, preliminary goals, and potential membership for a Village Ad-Hoc Committee. The two Council members met with staff and together developed the following: · Committee Mission Statement Improve the viability of the Village Commercial District by focusing on our historical significance, invigorating our commercial districts, and creating a high quality of life for Saratogans · Committee Goalsl Objectives · Advise and provide feedback on Village projects to Economic Development staff · Investigate long-term structural ways to improve local business climate · Develop a Village Marketing Strategy · Revise Village Design Guidelines · Provide policy assistance related to: o Streetscape Improvements o Façade Improvements o Historic Designation o Redevelopment Agency · Proposed Committee Candidates · SBDC Member: Brian Berg, residentlbusiness owner · Saratoga Chamber Representative-either the Executive Director or Board Member · Resident with business expertise: Mike Fox, Jr. · Village Property Owner: Greg Pache, The Plumed Horse Restaurant · Village Retail Merchant: George Newton, Patrick James . Village Restaurant Merchant: Bill Cooper, Bella Saratoga City Staffto be Involved . . . Economic Development Coordinator Danielle Surdin with assistance from Assistant City Manager Lorie Tinfow and Community Development Director Tom Sullivan depending on need. The group recommends that the Ad-Hoc Committee operate for one year and then report back to City Council on progress and remaining objectives. FISCAL IMPACTS: Establishing the committee would require staff time but no additional outlay of funds at this time. Any programs developed by the committee that may need funding would be considered by the Council as a whole. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): No recommended action. ALTERNATIVE ACTION(S): Establish a Saratoga Business Commission to advise Council on a broad range of business topics and areas including but not limited to the Village. . FOLLOW UP ACTION(S): Staff will implement Council's direction. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: None. . 20f2 SARATOGA CITY COUNCIL ORIGINATING DEPT~ty Manager's Office PREPARED BY: C ~~( Cathleen Bover. City Cler CITY MANAGER: C\ &~~ · MEETING DATE: November 19, 2003 AGENDA ITEM: DEPT HEAD: SUBJECT: Claim of Raihara Bano; Claim No. GL-0055073 RECOMMENDED ACTION: Accept report and direct staffto reimburse ABAG $25,000 out of appropriate funding source. REPORT SUMMARY: On June 28, 2003 Raihana Bano presented a claim regarding an incident that occurred while she was visiting Hakone Gardens. The claimant alleges that she fell as she was climbing a set of steps located within Hakone Gardens. · The City's claims examiner reviewed all documents provided by the claimant and City staff, and made recommendations. On September 17, 2003 the City Council authorized ABAG settlement authority for the full self- insured retention amount of $25,000. Staff is requesting direction rrom the Council regarding to the funding source. FISCAL IMPACTS: The following are alternatives in which Council may choose to reimburse ABAG: · Council Contingency · Absorb in the current budget reserved for legal services · Unobligated Unappropriated Fund Balance CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The City would be delinquent in reimbursing ABAG. · ALTERNATIVE ACTION: Council can direct staff to use another funding source to cover costs of the claim. FOLLOW UP ACTION: Depending on Council direction staff would reimburse ABAG from the funding source designated by the City Council. ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A' ATTACHMENTS: None 20f2 . . . . . . . SARATOGA CITY COUNCIL MEETING DATE: November 19, 2003 AGENDAITEM:~ CITY MANAGER: ;:;;l.:;7 C / DEPTHEAD: ~ ORIGINATING DEPT: Community Development PREPARED BY: Thomas Sullivan, AICP SUBJECT: Herb Radding's Request that the City Council hear his Issues Related to his next door Neighbor's Emergency Generator RECOMMENDED ACTION: That Mr. Radding be informed that he has the right to file a complaint with the City Code Enforcement any time·that the generator in question exceeds City Noise Standards for the time it is operating. The only exemption is when the generator is being operated to protect against a risk of floocling. REPORT SUMMARY: On October 1, 2003, Mr. Radcling addressed the City Council under Oral Communications regarding a generator (Dornblasters) located at 14038 Chester Avenue. At that meeting the City Council clirected that the issue Mr. Radding raised be placed on a future City Council Agenda. On June 11, 2003, Mr. Radcling addressed the Planning Commission, also during Oral Communications. The Commission clirected that the issue be place on an Agenda for discussion. The Planning Commission held this discussion on August 27, 2003. Based on advise from City Attorney Wittwer, Mr. Radding was advised that the Planning Commission clid not have jurisdiction over appeals under Article 7-30 (Noise Control Regulation) where there was no permit approval required. The City Council has appeal juriscliction. Mr. Radding was also advised that it was too late to file an appeal of a decision that had been made on or about May 1, 2003. The date of my letter to Mr. Radding was dared May 9, 2003. An appeal would have had to been filed within IS-calender days. At this point in time Mr. Radding's options are limited to filing a complaint with City Code Enforcement any time that the generator in question exceeds City Noise Standards for the time it is operating. The only exemption is when the generator is being operated to protect against a risk of flooding. , FISCAL IMPACTS: . N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: NIA ALTERNATIVE ACTION: NIA FOLLOW UP ACTION: Address complaints as they are received. ADVERTISING, NOTICING AND PUBLIC CONTACT: NIA ATTACHMENTS: 1. Letter from Mr. Radding dated November 9, 2003 2. Memorandum from Christine Oosterhous to the Planning Commission dated August 27, . 2003 3. Memorandum from Steve Prosser to Associate Planner Oosterhous 4. A letter from Jonathan Wittwer to the Planning Commission dated July 15, 2003A letter from myself to Mr. Radding dated May 9, 2003 5. A letter from Jonathan Wittwer to myself dated April 30, 2003 6. Planning Commission Site Visit Agenda dated August 26, 2003 7. Planning Commission Agenda dated August 27, 2003 8. Planning Commission meeting minutes of August 27, 2003 . 20f2 RECEIVED! NOV 1 0 2003 CITY OF SARATOGA CCC~~, (! fýj, Ch . November 9, 2003 fI"1embers ofthe Saratoga City Council Dear Ladies and Gentlemen: I come before you tonight for multiple reasons. First, to thank you for putting the issue of power generators in general and my generator issue in particular on your agenda this evening. Hopefully, youwiJJ have vîsited my site prior to this meeting and have a better feeJ for the issue of noise, placement, & measurement for private power generators in Saratoga. The background of this issue is that my neighbors, living at 14038 Chester Ave, put in a large power generator. We discussed this noise issue for months, without a compromise, before I brought it to the Planning Commission, After this issue was put on the agenda, I arrived to discuss it with the Planning Commission. I was informed at the very beginning of the discussion that they had no power to make any decision. So, on to the City Council. My issue for discussion tonight is defined by the fact that my neighbors were abJe to instaH a large Auxiliary Power Generator in place of pool equipment that had been previousJy located in the same spot. This was done without any permits, approvals, planning oversight, or consideration for my privacy and weH being. This raises the following issues that need discussion leading to decisions: e. · The placement is directly in front of and only 75 feet from all of my bedroom windows. In addition, my home is up the hiJJ from the generator. The City Attorney has placed on me the responsibility to police the noise emanating from this nuisance and report it to the police. Why am I being asked to handle the reporting process? The City should be involved. · The unit is far away from the owners house, on the edge of their property, and protected behind a building so it is not be heard by my neighbor. · The noise code used by the city is old and does not address this new technology. · The noise generated exceeds the current Auxiliary nighttime specification by at least 18 dB, about 60 times. greater then allowed, · To give this unit an Emergency rating allows my neighbor to ignore any and all requirements. Please bear in mind that over the last 26 years, there have been many times when the creeks overflowed. The property in question has always flooded because it is lower then the street and the normal flow is across the property to the other creek on the other side of Arcadia Palms CT. However, most of the time the flooding has occurred at night and the power has never gone off. Now, a large Berm has been built on the property to divert the water down the street and around the corner to the other creek. I specificaJJy request the City Council reverse the City Attorney's evaluation and issue a finding that the Power Generator ]ocated at 14038 Chester Ave, have on]y one cJassification and that should be Auxiliary rated. Then my neighbor can fix it to meet the nighttime requirement and everyone should be happy. . Thank you, , ~\ I: j f (Î ilL' { 0¿:1''L8'i i\t" ,t ",,4l' (:<.. . . Hêrb Radding 14050 Chester Ave. Saratoga City of Saratoga Memo To: Christy Oosterhous From: Steve Prosser, Public Safety Officer Date: 7/22/03 Re: generator timeline July 2002 - received compiaint from Herb Radding regarding the installation of a generator on neighbor's property. 7/02 to 9/02 - investigated (trained Rhett on microfiche, plans, sound meter, complaint logging and follow-up) and confirmed piacement of generator and excessive noise during weekly testing. (Noise level in excess of 67 decibels) 9/18/02- warning notice sent to 14038 Chester. 9/20/02 to 10/01/02 met with property and contractor to discuss options. They volunteered to try to modify the exhaust. 10/02 to 12/02 noise levels taken (64 decibels) -told home owner that although in compliance with general noise restrictions- still too loud for area. 1/06/03 took noise level readings after exhaust modification and enclosure construction- (57 and 58 decibels) Property in compliance with daytime noise levels, 2/10/03 notified Me. Radding that the generator was not subject to building code permit requires because of size 2/10/03-4/03- tried to coordinate nighttime noise reading levels- unfortunately scheduled meetings were cancelled or moved. Night reading was never taken. 4/03 In response to Mr. Radding's letter describing the generator as an auxiliary piece of equipment, the City Attorney drafts a response outlining the noise level exemplion for emergency generators during specific power outage occurrences. 1 ., e· ~- . t- I , City of Saratoga Community Development Department MEMORANDUM TO: FROM: DATE: .SUBJECT: Planning Commission . . cl Christine Oosterhous, AICPc:,U Associate Planner August 27, 2003 Existing Generator located at ]4038 Chester Avenue ITEM 2 At a planning commission meeting several months ago, the commission requested that a discussion regarding an existing generator located at 14038 Chester Avenue be scheduled on the agenda for their discussion. Code enforcement staff prepared a timeline of events regarding this case. Relevant background documents !Tom the code enforcement file have been included for your information. In additîon, the city attorney was consulted on the matter and has prepared correspondence for your review. Please see attachments. 000001 þ . . JOßð;th.1ß Wittwer William P. Parkin Sh.andra Dobrovolny An"'" M. Kendrick WITTWER & PARKIN, LLP 147 SOUTH RJVER STREET, SUITE 221 SAN'!' A CRUZ, CALIFORNIA 95060 TELEPHONE, (83l! <29.<055 F ACSIMlLE, (831) <29.<057 E~l\1.AIL: offiœ@wittwerpaI'kin.(1)JI1 PARALEGAL Jane. RinAldi July 15, 2003 P]anning Commission City of Saratoga 13777 Fruitva]e Ave Saratoga, CA 95070 Re: City Noise Regulations to Generator Located at 14038 Chester A venue, Saratoga, California Honorab]e Commissioners: The purpose of this Jetter is to respond to the request of the City Planning Commission for a report as to its options regarding addressing the concern of Saratoga resident Herbert Radding presented to the Commission on the June 11 ,2003 during Oral Communication. Mr. Radding's concern was with regard to noise emanating from his neighbors' (the DornbJasers') generator located at 14038 Chester A venue, Saratoga. SUMMARY It is too Jate for any appeaJ of the City's May 1, 2003 decision regarding Mr. Radding's concern and, in any event, the City P1anning Commission does not have jurisdiction over appeals under Article 7-30 (Noise Control Regulations) where there is no permit approval required. However, Mr. Radding has the right to fiJe a compJaint with City Code Enforcement any time the generator in question exceeds City noise standards for the time it is operating. The only exemption is when the generator is being operated to protect against a risk of flooding. ANALYSIS A. Lack of Jurisdiction of Planning Commission to Consider Appeal by Mr. Radding On or about May 1,2003, the City Community Development Department informed Mr. Radding of the City's decision, based on the advice of the Assistant City Attorney, that: (1) the DombJasers' generator located at 14038 Chester A venue was exempted ^OO^^~ . . . . - '. . Saratoga Planning Commission Options re Generator Noise Enforcement July 15, 2003 Page 2 e under the CÜy noise regulations under CÜy Code Section 7-30.030(a), so long as it is engaged in essential activities necessary to preserve, protect or save Hves or property fromirnminent danger, loss or harm from flooding. Assuming that the sump pumps are operated by electrical power and that the generator is necessary to render them operabJe in the event of a power outage, the use of the generator to protect against flooding would qualify under the emergency exemption.; and (2) when there is no reasonable need to operate the sump pumps(s) to protect against flooding, the DornbJasers generator was required to comply with City noise standards for the applicable time of day (unless special circumstances are demonstrated which render it necessary in any power outage for the Domb]asers to operate their generator to protect their "Jives or property from imminent danger, Joss or harm" - for exampJe a medicaJ condition requiring the ready avaìJabiJity of eJectricaJ power). Neither the Raddings, nor the DombJasers have filed an appeal of the May 1, 2003 decision by the City. No appeal couJd have been fí!ed with the City Planning Commission because City Code Section limits the appeal jurisdiction of the Planning Commission to decisions rendered under City Zoning ReguJations contained in Chapter 15 of the City Code, as foJJows: "15-90.010 Appeals from administrative decisions. An appeaJ may be taken to the PJanning Commission by the applicant or any interested person from the who]e or any portion of an administrative determination or decision made by an official of the City pursuant to any of the provisions of this Chapter." (Emphasis added) The City Noise Control Regulations applicable to the Domblasers' generator are set forth in Chapter 7, not Chapter 15. The only other possibJe appeaJ procedure availab]e to the Raddings or the DombJasers ì s under City Code Section 2-05.030. This Section aJJows an appeaJ to the City Council, rather than the P]anning Commission. This Section a]so Jimits the time to fiJe an appeal to 15 days after the decision is rendered, Hence it is too Jate for an appeaJ regarding the DombJasers' generator to be filed with the City Council. . 000003 . . þ . . . , Saratoga Planning Commission Options re Generator Noise Enforcement Ju]y 15, 2003 Page 3 . B. Options Available to the City Planning Commission As to the options available to the Planning Commission to impose mitigation measures regarding the impacts of the DornbJasers' generator, t!¡e thresho]d question is the extent of the jurisdiction of the Planning Commission regarding City Noise Control Regulations where, as here, there is no permit application required for the generator. Under the City Code 7-30.100, the jurisdiction over enforcement of the City Noise Contro] Regulations is vested in the City Planning Director, City Community Service Officers, and County Sheriff deputies. As is set forth above, no appeal may be taken to the PJanning Commission as to the City Noise Control Regulations where no pemút approval is required. Under City Code Section 2-15.030, the powers and duties of the Planning Commission are those prescribed in Section 65101 of the CaJifornia Government Code and those duties conferred upon it by the City Code and assigned to it from time to time by the City CounciL Enforcement of the City Noise Control Regulations in the absence of a required permit for a development project is not prescribed by Government Code Section 65 1 01, the City Code or the City CounciL . Thus, the options avaj]abJe to the Planning Commission are as foJJows: (1) Request the City CounciJ to amend the City Code to assign enforcement of City Noise ControJ ReguJations to the PJanning Commission or at Jeast to establish a right of appeaJ to the Planning Commission as to decisions of the Community Development Director under such Noise Control Regulations; or (2) Inform the Raddings of their right to me a complaint with a City Community Services Officer (Code Enforcement) that the generator is being operated in a manner inconsistent with the City's May 1,2003 decision. Option (2) appears the more practical. Since to date, the Dornblasers have not provided any basis for qualifying for the emergency exemption other than to operate sump pumps to prevent flooding, they must comply with the City Noise ControJ Regulations at alJ other times. The City Code Enforcement (Community Services) Officer who measures the noise !eveJs found that the generator comp]ies with City noise standards for the daytime (defined in Section 7-30,020 as from 7:00a.m, to 7:00 p.m.). Mr. Radding stated to the PJanning Commission that the DombJasers' generator was fecent]y on for a power outage from 2:00 p.m. to 9:00 p.m. If Mr. Radding were to file a compJaint aJJeging . 000004 . e ; Saratoga Planning Commission Options re Generator Noise Enforcement July 15,2003 Page 4 a similar use of the generator, and the decibe] level between 7:00 p.m. and 9:00 pm. exceeded the evening noise standards, this wouJd constitute a violation of City Noise Control Regulations. Under those circumstances, a City Code Enforcement Officer, County Sheriff's deputy or the Community Development Director would have the authority 10 enforce against such violation. cc: Please advise if you have further questions in this regard. City Manager Community Development Director Code Enforcement City Attorney Very truly yours, 000005 . ) Jonathan Wittwer WilliAm P. PArltin Sb.UJ:drA'Dob:rovoky WITTWER & PARKIN, LLP 10(7 SOUTH RIVER STREET. SUITE 221 SANTA CRUZ. CALIFORNIA 96060 TELEPHONE, (83 ) 0(29.0(056 FACSIMILE, (8S ) 0(29_0(057 E~MA.1L: offj~@wittvrc:rpQ.TkÜ¡,.com PARALEGAL JADa Rinaldi ApriJ 30, 2003 Tom Su]jjvan, Community Deve]opment Director City of Saratoga 13777 Fruitvale A '.Ie Saratoga, CA 95070 Re: Application of City Noise Regulations to Generator Located at 14038 Chester A venue, Saratoga, California Dear Mr. Sullivan: Your Code Enforcement staff has requested this office to provide legal advice regarding the appJication of City noise regulations to a generator in a residential zone district. Our office has been provided with a copy of the April 14, 2003, letter from Mr. and Mrs. Herbert Radding addressed to you as Community Developrnent Director regarding the generator located on the DornbJaser property at 14038 Chester A venUe. fI After reviewing the Radding letter, I requested additiona] information from the City pertaining to their compJaint. After reviewing those materials, I recommend that the Dornhlaser 2en'~ra!0r l:>e fOUTId to G,lJalifv for 2n ex~mptjon fmm City noise re2ulations '--' .. 01 ..1__ under City Code Section 7-30.030(a), so long as it is engaged in essential activities necessary to preserve, protect or save lives or property from imminent danger, loss or harm from flooding. According to the January 12,2003 Memo to you from Code Enforcement, the Dornblaser home is built close to a creek that has been known to overflow. City Code Section 7-30.030(2) establishes an exception from City noise regulations enabling the Dornblasers to exercise the right to protect their home from imminent danger or dámage that may result from the creek overflowing. The wording of the City Code exception for ernergencies is not clear as to whether the word "imminent" modifies "Joss or harm" as we]] as "danger." However, even if the exception is intended to apply onJy to activities necessary to protect Jives or property frorn "imminent" loss or harm, the operation of a . 000007 t (~ ~ r-:----:\r---")ç-: rJ '"' r J! rû' v r " I, I, \ { '0Ls. ri L. ~ ,~ ~.i',' I r \ :0 'c' ~j¿S (CQ, r¡;\"1 ~) ¡:Z\ lr] rJ,@"",((SJ.0 [2;& \J~0xsDü u ® ¿s-i\ U¡777 FHtn'r-'VALE A.VENUE ~- SAHATOGA, CAL1FOHNJA ::j5070 <I: (40S) 8G8-1200 lnC()rpDnÜ~è OC;j:oher 22: j~}56 Cpl1hUL ìdEMBER~: SWI] Bogosian K.f.J/1!eli!i)(jng Nc·rr.ìar¡ Ktine May 09, 2003 Nick Strait Ann .vvé:,'tonsmiai Herb Radding 14050 Chester A venue Saratoga, CA 95070 Dear Mr. Radding, I In regards to the generator located at 14038 Chester Avenue, Code Enforcement requested the City Attorney to review the Cj¡y's posj¡ion on the grant a conditional noise exemption status to the property owners, Code Enforcement investigated the complaint and was advised from the property owners that the generator was instalIed to provide emergency power to the sump pumps during power outages that occur with winter stOnDS. After review, the City Attorney concurs with the findings of Code Enforcement. The generator is classified as emergency equipment and wi11 be exempt form noise regulations during those periods of potential flooding from stom related power outages. At no time will the generator be exempt from City Code during weekly testing andlor auxiliary power use to supp]ement or supplant nomal e]ectrica] service from PG&E. The property owners have been notified that vioIations of the conditions set forth by the City will result in the revocation of the conditional noise exemption status ofthe generator that may result in enforcement action incJuding crimina] citations andlor abatement of the nuisance. Therefore, at this time, the City of Saratoga has cJosed the City Code Investigation. ] have encJosed a copy of the City Attorney's Ietter of response for your review. Officer Prosser may be reached at (408) 868·1214, if you have any additional questions. Sincere]y, ~ ~ \ ~ J . _ ~omas Su ivan Community Development Duecto! . 000006 þ . . .... < Tom Su1livan Re: 14038 Chester Avenue April 30, 2003 Page 2 e sump pump to protect against flooding would qualify. Therefore, assurrllng that the sump pumps are operated by electrical power and that the generator is necessary to render them operable in the event of a power outage, the use of the generator to protect against f100ding would qualify under the ernergency exemption. It is not dear lrorn any of the materials proviåeå whe¡her the Dornblasers are using, or intenå to use, the generator to provide power during a power outage when there is no reasonable need to operate the sump pumps(s). If the Domblasers have such an intent the fo1Jowing questions arise: (J) Do they intend to use the generator at a time of day when it wil1 exceed the noise standards established by the City Code? (2) If so, do they have evidence that a power outage involving no threat of fiooding would nevertheless make it necessary to protect their "lives or property frorn irruninent danger, Joss or harm?" e As to question (1) above is my understanåing that the property owner did build a stucco wall around the generator and made rnuff1er modifications to reduce the sound irnpact on the Radding home. City Code Enforcement has determined that the Dornblaser generator cornplies with daytime noise standards established by the City Code. This would enable the Dornblasers to test their generator during daytime hours and operate it during any power outage during the daytime hours. In fact. it wou]d appear to al10w them to operate it anytime they want to during daytime hours (including to lower their energy costs or for a lawful horne occupation), subject to any applicable PUC Air Quality Regulation or other Government Agency regulation of generators, As to question (2) above, there may (or may not) be special circumstances which render it necessary in any power outage for the Dornblasers to operate their generator to protect their lives or property from imminent danger, loss or harm," An example would be a rnedical conåition requiring the ready availability of electrical power. To date, the Dornblasers have not provided any basis for qualifying for the emergency exemption other than to operate sump pumps to prevent fiooding. e 000008 . '" , , e Tom Su ]jvan Re: 14038 Chester Avenue April 30, 2003 Page 3 If you have any questions concerning this letter, please feel free to can me. Very truly yours, WITTWER & PARKIN. LLP ..~L )~CJhDVJ,,-- P l¡,l)'ttJxOjJ Mì ;onathan Wittwer //0 f '- <t!;J cc: Code Enforcement . . . . 000009 t . . CITY OF SARATOGA PLANNING COMMISSION LAND USE AGENDA DATE: PLACE: TYPE: Tuesday, August 26, 2003 -12:00 noon City Hall Parking Lot, 13777 Fruitvale Avenue Land Use Committee SITE VISITS WIU BE MADE TO THE FOLLOWING ITEMS ON THE PLANNING COMMISSION AGENDA FOR WEDNESDAY, AUGUST 27,2003 ROLL CALL REPORT OF POSTING AGENDA AGENDA 1. Application #03-150 Item 1 ALAIN PINEL REALTORS 12772 Saratoga-Sunnyvale Road 2. Commission Item Item 2 '=::- DORNBLASER 14038 Chester Avenue LAND USE COMMITTEE The Land Use Committee is comprised of interested Planning Commission members. The committee conducts site visits to properties which are new items on the Planning Commission agenda. The site visits are held on the Tuesday preceding the Wednesday hearing, between 12:00 p.m. and 2:00 p.m, It is not necessary for the applicant to be present, but you are invited to join the Committee at the site visit to answer any questions, which may arise. Site visits are generally short (S to 10 minutes) because of time constraints. Any presentations and testimony you may wish to give should be saved for the public hearing. . . . , CITY OF SARATOGA PLANNING COMMISSION AGENDA DATE: PLACE: twE: \....~::::4~ Wednesday, August 27, 2003 -7:00 p.m. Council ChamberslCivic Theater, 13m FruitvaJe A venue, Saratoga, CA Regular Meeting RouCALL: Commissioners Cynthia Barry, Mohammad Garakaní, Susie Nagpal, Michael Schallop, Mike Uhl, Ruchi 21.1tshi and ChaIT Jill Hunter PLEDGEOFALLEGLANCE MINUTES: Draft Minutes from Regular Plarming Commission Meeting of July 23, 2003. ORAL COMMUNICATIONS - Any member of the Public will be allowed to address the Planning Commission for up to three minute:s on matters not On this agenda. The law generaIly prohibits the Planning Commission from discussing or taking action on such items, However, the Planning Commission may instruct staff accordingly regarding Ora) Communications under Planning Commission direction to Staff. REPORT OF POSTING AGENDA Pursuant to Government Code 54954.2, the agenda for this meeting was properly postd on AuguSt 21, 2003. 'REPORT OF ApPEAL RIGHTS 1£ you wish to appeal any decision on this Agenda, you may file an "Appeal Application" with the City Clerk within fifteen (15) calendar days of the date of the decision, pursuant to Municipal Code 15-90.050 (b). CONSENT CALENDAR None 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 pub1ic hearing in court, you may be 1imited to raising only those issues you or someone else raised at the public hearing(s) described in this agenda, or in written correspondence delivered to the Saratoga Planning Commission at, or prior to, the public hearing. In order to be included in the Planning Commission's information packets, written communication should be filed on or before the Monday, a week before the meeting, , 1. APPLICATION #03-150, ALAIN PINEL REALTORS: Appeal of An Administrative Decision; Alain Pinel Realtors located in the Saratoga Oaks Shopping Center near the intersection of Cox Avenue and Saratoga-Sunnyvale Road has filed an appeal of an administrative decision made pursuant to Municipal Code Section 15-30.070, Criteria for review of application. The administrative decision included the denial of a sign pennit, which was not in compliance with the sign program for the center. (CHRISTINE OOSTERHOUS) DIRECTORS ITEM None COMMISSION ITEMS .. 2. The Planning Commission has requested a discussion regarding an existing generator located at '" - 14038 Chester Avenue. " COMMUNICATIONS WRlTfEN City Council Minutes from Regular Meetings on June 18, 2003,July 2, 2003 and July 16, 2003. ADJOURNMENT TO NEXT MEETING Wednesday, September 10, 2003, at 7:00 p.m. in the Council Chambers/Civic Theater 13777 Fruitvale Avenue, Saratoga, CA If you would like to receive the Agenda's via e-mail, pJease send your e-mail address to p]anning@saratoga.ca.us (It e Saratoga Planning Commission Minutes of August 27, 2003 Page 7 . receive special consideration as both an anchor business and a home-grown business, by the following roll call vote: AYES: Barry, Garakani, Hunter, Nagpal, Uhl and Zutshi NOES: None ABSENT: Schallop ABSTAIN: None *** DIRECTOR'S ITEMS There were no Director's Items. COMMISSION ITEMS ~ The Planning Commission has requested a discussion regarding an existing generator located at 14038 Chester Avenue: Associate Planner Christy Oosterhous provided the staff report as folJows: · Reminded the Commission that it had requested that a discussion take place regarding an existing generator on Chester Avenue. · Said that the generator was instalJed and later resulted in neighbor complaints. .fA. Said that the complaints resulted in the opening of a Code Enforcement case that was subsequently . investigated. · Advised that the investigation found the noise levels compliant during the daytime. The generator is operated for 15 minutes, one time a week for maintenance. · Stated that the City Attorney has found this generator to be exempt during times of potential flooding. · Said that as a result of the investigation and finding by the City Attorney, the Code Enforcement case was closed. · Said that the neighbor brought the issue before the Commission and the Commission asked that it be returned for further discussion and conducted a site visit. Director Tom SulJivan pointed out that the letter fi'om the Assistant City Attorney advises that the Planning Commission lacks jurisdiction in this matter in that the Commission has authority only on certain chapters of the Municipal Code. Commissioner Nagpa1 sought clarification that any decisions made by the Commission would therefore not be binding. Director Tom Sullivan reiterated that there is no authority for the Planning Commission to take action. Chair Hunter questioned why so much time was spent on site. ~. Director Tom Sullivan replied out of consideration for the neighbor. Commissioner Barry asked what could be changed to give more review in such cases, such as the requirement for a Use Permit. Saratoga Planning Commission Minutes of August 27,2003 Page 8 Chair Hunter pointed out that there are more and more generators and questioned how they are covered . in the Ordinance. Director Tom Sullivan replied that there are both daytime and nighttime noise limits. However, when operated under an emergency, there are no noise restrictions. Chair Hunter stated that 64 decibels is very loud. Director Tom Sullivan agreed. Chair Hunter asked if there is any way to recommend a different noise level for daytime uses or is this a common level. " Director Tom Sullivan replied that this level is probably strict for an urban area but that it might be possible to amend the Zoning Code to require a Use Permit for generators. Commissioner Zutshi said that she would expect an approval process for a generator. Chair Hunter invited the neighbor living next door to the generator to come forward. Mr. Herb Radding, 14050 Chester Avenue, Saratoga: · Stated that he lives next door to the generator and is in fact closer to it than its owner as the generator is located very close to his bedroom. . · Said that he is being denied use of his property as a resuJt of this generator. · Pointed out that the nighttime noise level is 45 decibels. · Said that the neighboring house is 32 years old and his home is 26 years old. He is the original owner of his home while five families have resided next door. · Said that the flood control trench carmot handle water flow and goes over. There have been many floods over the years but added he cannot recall power failures ever occurring as a resuJt of a flood. · Said that the original pool on his neighbor's property was removed and the pool house renovated. There had been a plan to replace the full size pool with a lap pool but they changed their minds and no pool was installed. · Stated that one day he saw a big propane tank and steel box installed with neither discussion on placement nor any notice. · Said he asked the City and no one was aware. · Reminded that this generator was located 75 feet away from his master bedroom window. · Said that he purchased his own DB reader and made measurements. He was astounded at the amount of noise, 75 decibels at peaks when running. · Said that the owners next door installed a dam between the properties last year to prevent flooding on this property. When there was a power outage, they ran the generator. He, however, sat in candlelight with a gas fire. · Described disclosure laws that will require him to notify potential buyers of his property of the existence ofthis generator so close to his home and its noise impacts. · Said he is requesting that this generator be classified as auxiliary generator and meet noise standards . as such. · Said that it is important to make rules and regulations that make sense. Saratoga Planning Commission Minutes of August 27, 2003 Page 9 . Commissioner Garakani asked how long ago this generator was installed. Mr. Herb Radding replied six months or more. Commissioner Garakani pointed out that the owner says they purchased it two years ago. Mr. Herb Radding: · Said once the generator was fired up for the first time, he called the City to complain about the noise impacts. · Added that he has been working a long time since to get the noise levels down. · Suggested that in the future the siting of generators be looked at. Commissioner Uhl asked Mr. Radding for more information about an auxiliary generator. Mr. Herb Radding explained that an auxiliary generator has noise level standards both day and night while an emergency generator does not. He added that there is no emergency need for this generator. Commissioner Uh] pointed out that if the generator should operate when it is not an emergency, fines are imposed. Director Tom Sullivan reported that the fine is $100 per infraction. . Mr. Herb Radding asked whom he is supposed to call when this occurs at night. Commissioner Barry: · Said that the Planning Commission has no jurisdiction. · Said that the Commission can try to do something for the future. · Reminded that the only time this generator can go on is to prevent flooding. Mr. Herb Radding asked ifhe could appeal to Council. Chair Hunter suggested that Mr. Radding address Council under Oral Communication. Mr. Herb Radding asked who updates Codes. Director Tom Sullivan replied that in most cases, it is Council. Mr. Herb Radding said he would take this matter to Council. . Mr. David Domblaser, 14038 Chester Avenue, Saratoga: · Said he is the owner of the generator. · Said that he objects to the Planning Commission taking jurisdiction and does not waive jurisdiction. · Explained that the reason for his generator is that this property has flooded numerous times as the result of the City's failure to maintain the culvert. · Said he asked Council to do something about it. Saratoga Planning Commission Minutes of August 27, 2003 Page 10 · Advised that he had $250,000 in berm and grading work done and while this worked for the last flood there is no guarantee it will work each time flooding conditions occur. · Stated that the generator is for emergencies and is wired exclusively to six sump pumps and to a couple of lights. · Said he attempted to work with Mr. Radding and took trees down at their request. · Informed that the metal enclosure, a special muffler and a sound walJ were instalJed. · Said that the generator runs one time a week for 15 minutes at noon. This is required by the manufacturer for maintenance purposes. · Advised that he asked Mr. Radding ifhe has a preferred time for the maintenance run and received no response. · Said he concurs with the City Attorney's letter and that the noise of his generator has been calibrated to meet codes. · Added that this is not an auxiliary generator, as it is not cost effective to run this generator in place of existing available power. · Reminded that the Code Enforcement staff measured the noise from the generator twice and the levels met Code. · Cautioned that the Commission cannot act on this issue and that the City Attorney advised Mr. Radding that he had failed to timely appeal. · Said that permits were not required. · Restated that the Commission has no jurisdiction and cannot impose any mitigation measures on him. . However, he is willing to listen to suggestions. · Stated that his young son has had 11 earaches in the last year and needs humidifiers, which could qualify as a medical emergency. Commissioner Garakani asked when the generator was instalJed. Mr. David Dornblaser replied one to one and a half years ago and has been running once a week since installed. Commissioner Garakani asked if it is still under warranty and if a better muffler is possible, perhaps piped into the shed. Mr. David Dornblaser: · Said they are out of warranty. · Advised that there is no muffler available that would be quieter than the one they now have. · Added that the decision not to install a new pool was made once they discovered they were expecting their child. · Said that piping the muffler into the shed could create a possible danger as a result of carbon monoxide/dioxide levels. Commissioner Garakani asked if it is possible to manually operate the generator in times of emergency. Mr. David Dornblaser: · Said there is a trigger switch in the event of water and the switch requires 120 volts of power. · Added that it would be worth looking into manual operation of the generator. · Agreed that it could be switched off at 7 p.m. . . . Saratoga Planning Commission Minutes of August 27, 2003 Page 11 .. Commissioner Barry thanked Mr. Dornblaser for listening to suggestions and agreed the Commission Whas no jurisdiction. Said she hopes to see them figure something out that works for all concerned. Mr. David Dornblaser: · Said he is happy to consider any suggestions. · Reminded that he has only run the generator one time in one year. · Stated that this process has been intrusive and that he took time off work to meet with the Planning Commission on his property. · Declared that he did not want to experience flooding and/or damage to his property. Commissioner Garakani suggested a smaller generator unit that could be kept in the garage for use for their son's humidifier in the event of a power outage that does not include flooding conditions. Commissioner Ubi questioned whether it is possible to share the cost between neighbors to vent to the pool shed. Commissioner Nagpal: · Said that it is clear that the Planning Commission has no control or right to make a decision here. · Said that the community has the right to use City Codes and comply with those Codes. If one does not like existing Code, that Code needs to be changed. · Stated that she appreciates the time spent by all involved but that she does not feel the Planning Commission has jurisdiction and therefore should not make a decision. e Commissioner Garakani suggested that Council be asked to amend the Code as it pertains the generators. Director Tom Sullivan said that something could be added in the Zoning Code that requires a Use Permit for generators. To do so requires a Resolution of Intent, which could be agendized for a future meeting. This change would be packaged with a whole set of notices. Mr. Steve Prosser, Public Safety Officer, City of Saratoga: · Clarified that after three complaints for noise infractions, misdemeanor citations are issued. Commissioner Barry asked what should occur if the infraction occurs at night. Mr. Steve Prosser said the Sheriffs Office could be contacted at night. If necessary, the Sheriffs office can reach him. Added that if this generator were to go on without flooding conditions, it would be in violation. Commissioner Barry asked if this generator could be qualified for use for medical reasons if said medical conditions are properly documented. Mr. Steve Prosser replied he believes so but defers to the Community Development Director andlor City Attorney to make that determination. . Librarv Expansion Commissioner Zutshi announced that the Library Expansion Committee disbanded today. Saratoga Plarming Commission Minutes of August 27,2003 Page 12 Heritage Preservation Commission Update/Business Development Committee Meeting . Chair Hunter armounced that she had attended both the Heritage Preservation Commission and Business Development Committee Meeting. The Business Development Committee wants to have the Heritage Preservation Commission address their group. Gatewav Design Committee Commissioner Barry aIlDounced that the Gateway Design Committee is moving closer to completing the Design Guidelines to send on to Council. Director Tom SulIivan advised that first these Design Guidelines would be sent out for comment than forwarded to City Council. Commissioner Garakani asked why the Planning Commission would not participate. Commissioner Barry advised that the Plarming Commission did review and recommend a set of Design Guidelines, which went on to Council. Council appointed a Committee to work further on the draft. Director Tom SulIivan added that about 75 to 80 percent of what the Planning Commission recommended is still in the document. Commissioner Barry advised that a lot of specifics were taken out, as they need to be put into the . Zoning Code. Commissioner Garakani pointed out that the three newest Commissioners did not see the draft. Director Tom Sullivan assured that all Commissioners would get a copy of the document. COMMUNICATIONS Written: City Council minutes from Regular Meetings on June 18, July 2 and July 16, 2003. ADJOURNMENT TO NEXT MEETING Upon motion of Commissioner Nagpal, seconded by Commissioner Zutshi, Chair Hunter adjourned the meeting at 10:30 p.m. to the next Regular Planning Commission meeting of September 27, 2003, at 7:00 p,m. MINUTES PREPARED AND SUBMITTED BY: Corinne A. Shinn, Minutes Clerk . . . . SARATOGA CITY COUNCIL MEETING DATE: \\ CITY MANAGER: ¿:;? ..-..:;7~/ DEPTHE~~~ November 19, 2003 AGENDA ITEM: ORIGINATING DEPT: City Manager's Office PREPARED BY: Lorie Tinfow SUBJECT: Proposal for Animal Control Services from the City of San Jose RECOMMENDED ACTIONS: Accept report, and direct staff and Council Representative accordingly. REPORT SUMMARY: At the October 15 meeting, City Council directed staffto issue a Request for Proposal (RFP) to San Jose for animal control services. A copy of the RFP is attached (Exhibit 1). The City received a proposal from San Jose by fax on November 7. A copy is attached (Exhibit 2). The City of San Jose has provided the information requested and agreed to provide the services specified in the RFP with a few exceptions. The exceptions follow: · A summary table of staff names and qualifications was provided instead of the resumes requested · A copy of the adoption policy was requested but not submitted because the policy is currently under development · The two service level options included in the RFP are included in San Jose's proposal at no additional cost · A proposed schedule of open hours was requested but not provided; instead the proposal offers assurance that open hours will meet and exceed both options specified in the RFP · San Jose would prefer 21 days in which to remit revenue to Saratoga instead of the specified 15 days Further, although staff attempted to structure the RFP to elicit information and service levels at both a minimum level and at a level comparable to SV ACA, the response is such that staff cannot completely offer an apples-to-apples comparison. For example, service priorities are defined a little differently by each organization. However, the attached table (Exhibit 3) provides some basis for comparison. Cost Containment The proposal clearly reflects an understanding of Saratoga's desire to maintain some level of certainty over long-term animal control costs. The RFP asked for and San Jose supplied written assurance in the proposal that future capital increases unrelated to Saratoga's animals will not be borne by Saratoga; any final agreement will include this provision as well. In addition, the proposed contract terms are $175,000 per year for the first 3 years to be increased in 3-year increments by not more than San Francisco-Oakland-San Jose Consumer Price Index for all Urban Consumers (CPI-U) + 2%. In addition, San Jose agreed that a negotiated agreement shall be for a period of twenty (20) years, with a review of the contract in its entirety every three (3) years. The Contract can be extended at ten (10) year increments beyond the initial twenty (20) year period. Cost Comparison Based on the information provided in San Jose's proposal, staff offers the following cost comparison: . Estimated Budget Operations Capital Capital Total Annual Contribution Financing Saratoga Contribution SV ACA with 5 Cities $174,952 $729,235 $66,803 $241,755 SV ACA with 4 Cities (no $207,546 $873,424 $80,013 $287,559 Los Gatos) San Jose contract $175,000 (minus $300,000 Nla Nla revenue) Response Time Staff remains somewhat concerned about San Jose's ability to consistently meet the expectations of Saratoga residents in terms of response time to calls for service. The following table compares Milpitas' response standard with those set by SV ACA and those requested in the RFP, including response data provided: Provided to Milpitas SVACA1 Saratoga RFP Priority 1 Within 1 hour; ASAP; 1 hour or less Meets standard 93% of time Avg. response 21.5 minutes . Priority 2 Within 6 hours; ASAP; Within 2 hours Meets standard 90% of time A vg. response 34.26 minutes Priority 3 Within 12 hours; 2-hour response required; Within 4 hours Meets standard 66% of time Avg. response 80.5 Priority 4 No time; completed To be completed today; Within 8 hours Avg. response 106.84 minutes Priority 5 Nla Within 24 hours; Nla Avg. response 88.69 minutes . For more information, please see "Milpitas Call Response Times" submitted as page 5 of the proposal (Exhibit 2). Saratoga could take steps to ensure adequate response such as attach a financial penalty for response below minimum or a bonus for superior response, etc. Excluded Services The City of San Jose provided a list of excluded services that require some clarification. Specifically, they exclude the pick up of deer and livestock. However, an earlier section in the RFPspecifies that pick up and disposal of dead deer and livestock be included and San Jose agreed to do so. The exclusion may cover only live deer and livestock but the final agreement should be clear. Further, staff will request clarification about citations. . I Data provided by SV ACA Executive Director Deborah Biggs via emaiL 2 . . . Additional Known Costs The City of San Jose identified a possible one-time cost of 2-months of staff time for training and development of new staff needed to service the Saratoga contract. In addition, some minimal costs associated with record transfer could be expected. Los Gatos' Actions Los Gatos' City Council reviewed San Jose proposal and instructed their staff to begin negotiating with San Jose toward a contract. Los Gatos' intention is to have the contract in place in time to meet the December 31 deadline for letting SV ACA know whether or not Los Gatos will continue beyond June 30, 2004. Cupertino-who has notified SV ACA of their intention to withdraw effective June 30, 2004-has partnered with Los Gatos. ALTERNATIVE ACTIONS: · Remain with SV ACA and commit to paying our share of full costs associated with providing animal control and sheltering services. · Negotiate a contract with San Jose before SV ACA's December 31 deadline and if successful, notifY SV ACA of Saratoga's intent to withdraw effective June 30, 2004. · Partner with Los Gatos and Cupertino in efforts to negotiate a contract with San Jose. FINANCIAL IMPACTS: Impacts depend on direction Council provides. FOLLOW UP ACTIONS: Staff will execute whatever direction Council provides. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENT: Exhibit 1: Exhibit 2: Exhibit 3: Copy of Request for Proposal issued by City of Saratoga Copy of proposal submitted by San Jose Comparison table 3 EXHIBIT 1 Request for Proposal from San Jose for Animal Control Services CITY OF SARATOGA REQUEST FOR PROPOSAL FROM THE CITY OF SAN JOSE FOR ANIMAL CONTROL SERVICES 1) PHILOSOPHY - CITY OF SAN JOSE to provide fundamental guiding principles of operation, i.e. mission statement or statement of philosophy regarding field and sheltering servIces. 2) EMPLOYEE EXPERIENCE - CITY OF SAN JOSE to provide in resume format, the education, training and experience of all current animal control officers, supervisors and managers employed by the City of San Jose Animal Care and Services Division. 3) FIELD SERVICES - CITY OF SAN JOSE to provide annual costs for the following services, including vehicles, communications equipment, hardware and software requirements, office supplies, field and administrative personnel, and any other personnel, supplies and equipment, reasonably required to perform the following "Field Services" within the boundaries of SARA TOGA for a capacity of approximately 700-750 calls for service annually: (a) Pick up of confined stray dogs, cats and other small animals, including but not limited to rabbits, chickens, turkeys, geese, birds and ducks but excluding other wildlife; (b) Pick up of injured or sick stray dogs, cats and other small animals without regard to weight, including birds, that are located on public property or readily accessible on private property with the consent of the property owner or the property owner's authorized agent; (c) Pick up/attempt to pick up injured or sick wildlife, including birds, but excluding deer and livestock, whether they are confined or not; (d) Pick up of dead animals, including all wildlife, from streets and public and private property, and transfer dead deer and livestock to San Jose Tallow for disposition; (e) Investigate complaints of animal bites or attacks on humans including preparation of a report, interviewing the parties involved, quarantining animals which have bitten humans, preparing and transporting biting animals for rabies testing and investigating alleged violations of a quarantine order. Investigations . . . 1 . . . EXHIBIT 1 Request for Proposal from San Jose for Animal Control Services shall include preparation of a report and will include interviewing the parties involved, and collecting available historical data, and testifying (at the City of San Jose's expense) at dangerous dog hearings; (f) Provide a copy of any report resulting from complaints of Vicious and Dangerous Dogs to the SARATOGA Code Compliance Officer. (g) Respond to complaints of dogs running at large, attempt to capture them and provide follow-up patrol if appropriate; (h) Respond to police assist calls on animal-related issues which may include taking control of an animal at the direction of a police officer on the scene; (i) Investigation and resolution of activities that may be criminal in nature, such as animal cruelty, neglect and fighting, including the preparation of documents for the District Attorney's office and testifying in court. Investigations shall include preparation of a report and may include interviewing the parties involved, and collecting available historical data; (j) Provide a copy of any report resulting from complaints of animal abuse or neglect, or from complaints of excessive animals to the SARATOGA Code Compliance Officer. (k) Respond to venomous or other dangerous snakes in a residence or business. 4) RESPONSE TIME PERFORMANCE STANDARDS - CITY OF SAN JOSE shall provide response time performance standards for field services from the City of San Jose and the City of Milpitas for FY 02-03. The City of Saratoga would request that the City of San Jose respond to complaints and requests received by the City of SARATOGA or its residents at a performance standard level that is no less than the following: (a) PRIORITY 1 - PERSON AT RISK OR IN DANGER - Response to Emergency, Police Assist, Dangerous Animal and Critically Sick or Injured Animal calls for assistance. Response shall be twenty-four hours per day, seven days per week, within one hour or less from the time the call for service is received by the San Jose staff to the time San Jose personnel arrive on scene; (b) PRIORITY 2 - ANIMAL AT RISK OR IN DANGER - Pick up animals that were running at large and that are now confined, and calls regarding urgent animal-related requests for assistance, including but not limited to, animals hit 2 EXHIBIT 1 Request for Proposal from San Jose for Animal Control Services by car, dogs or cats in a hot vehicle, and animal abuse. Response shall be within two hours of the call; (c) PRIORITY 3 - NON-EMERGENCY; NEXT A V AlLABLE OFFICER - Calls related to non-emergency attacks, non-critically injured or sick animals, quarantine calls, pick up of dead animals or animal neglect. Response shall be within four hours of the call; (d) PRIORITY 4 - RESPONSE TO COMPLAINTS OF ANIMALS RUNNING AT LARGE AND ANIMALS CAUSING A NUISANCE - Response to these complaints will be based on the availability of San Jose staff and only after Priority 1, 2, and 3 complaints are met. However, complaints of this nature shall be handled within eight hours of the call. 5) RESPONSE AFTER BUSINESS HOURS - CITY OF SAN JOSE will respond to Priority I calls only after normal business hours, twenty-four hours per day, seven days per week; Priority 2 calls received between the hours of 5:00 p.m. and 7:00 a.m. shall be responded to no later than 11 :00 a.m. the following day; Priority 3 calls received between the hours of 5:00 p.m. and 7:00 a.m. shall be responded to no later than 3 p.m. the following day; Priority 4 calls received between the hours of 5:00 p.m. and 7:00 a.m. shall be responded to no later than 5:00 p.m. the following day, and may only include taking a report, contacting parties and witnesses by telephone, or dispatching personnel to the scene. 6) SHELTER SERVICES - CITY OF SAN JOSE shall provide the following services, including shelter facilities, licensing, supplies, animal attendants, supervisors and administrative personnel, and any other personnel, supplies and eqmpment, reasonably required to perform the following "Shelter Services" for a capacity of approximately 300-350 animals annually: (a) Shelter of abandoned, impounded, lost or stray domestic animals brought to the shelter by SARATOGA residents or San Jose personnel; (b) Quarantine of biting animals; (c) Rabies testing of suspect animals; (d) Provision for surrender and reclamation of abandoned, lost or stray domestic animals during established business hours; and (e) Euthanization and disposal of abandoned, lost, impounded, or stray domestic animals that are unclaimed by their owners and do not qualify to be placed for 3 . . . EXHIBIT 1 Request for Proposal from San Jose for Animal Control Services adoption by the CITY OF SAN JOSE. Provide a copy of the adoption standards . used in making such determination. . 6) MEDICAL SERVICES - As part of the Shelter Services, CITY OF SAN JOSE shall provide office facilities, supplies, and professional and trained personnel, employed or under contract, necessary to perform the following "Medical Services" and provide cost estimates at two levels described below: Option 1 (a) Provision of veterinarian services twenty-four (24) hours per day to treat and provide veterinarian care to stray, injured, or sick dogs, cats, and other impounded animals; (b) Monitor impounded quarantined biter animals; (c) Provide vaccination services; and (d) Provide rabies control information free of charge to the public. Option 2 (a) - (d) above plus (d) Spay or neuter animals prior to adoption 7) OPERATING SCHEDULES - CITY OF SAN JOSE shall provide Shelter Services for the animals twenty-four (24) hours a day, seven (7) days a week. SARATOGA requests cost estimates for two levels of shelter operation: Option 1: Shelter is open for all services five (5) days per week with a total minimum of thirty-six (36) hours per week including a minimum of four (4) hours on one weekend day. Please specify the proposed open-hour schedule. Option 2: Shelter is open for adoption and redemption services for 34 hours per week (11 am - 5:30 pm on Tues., Thurs., Fri., and Sat.;11 am to 7 pm on Wed.); and open for admission and telephone support for 70 hours per week (8:00 am to 6:00 pm on Mon., Tues., Thurs., Fri., and Sat.; 8 am to 7:00 pm on Wed.; 8:00 am to 5:00 pm on Sun.). . The CITY OF SAN JOSE shall provide emergency veterinary services in accordance with Section 597f of the California Penal Code. If emergency veterinary services are needed on weekends, ho1ìdays, outside of regular office hours of the CITY OF SAN JOSE, or whenever veterinary services are otherwise generally unavailable, CITY OF SAN JOSE shall contract for 4 EXHIBIT 1 Request for Proposal from San Jose for Animal Control Services these emergency veterinary services, at no additional expense to SARATOGA, at local veterinary clinics or wherever emergency veterinary services are available. CITY OF SAN JOSE shall be available to the public for drop-off and disposal of dead animals at its shelter facility seven (7) days a week, twenty-four (24) hours a day. 9) DEAD ANIMAL SERVICES - CITY OF SAN JOSE shall provide storage facilities, disposal mechanisms, administrative personnel, and any other personnel, supplies and equipment required to perform the following "Dead Animal Services": (a) Pick up of dead animals, including wildlife, from the streets of Saratoga, or from private property within Saratoga with the consent of the property owner or the property owner's authorized agent; (b) Identification and notification of the owner of the dead animal, ifpossible; (c) Scan each dead animal for microchip identification, if available; and (d) Disposal of the animal. 10) RECORDS REGARDING ANIMAL SERVICES a) Maintenance of Records - CITY OF SAN JOSE shall'maintain accurate records regarding its performance of Animal Services for a period of three (3) years. Such records shall include Shelter Services records regarding receipt, care, reclamation, and disposition of owner surrendered, abandoned, impounded, lost or stray domestic animals, including names and addresses of persons reclaiming animals; and Dead Animal Services Records regarding receipt and disposal of dead animals. b) Inspection of Records - CITY OF SAN JOSE'S records regarding Animal Services shall be open to inspection by SARATOGA, upon request of SARATOGA during CITY OF SAN JOSE'S regular business hours. c) Monthlv Report - CITY OF SAN JOSE shall provide within 30 days of the end of each month, a monthly Animal Control and Impound Report summarizing Field Services, Shelter Services, Licensing Services, Medical Services and Dead Animal Services provided by CITY OF SAN JOSE to SARATOGA. This report shall include, but not be limited to, the following information: (i) Total number of calls for service, complaints relating to animal bites or attacks, complaints relating to vicious or dangerous dogs, animal cruelty, animal neglect, and other activities; . . . 5 EXHIBIT 1 Request for Proposal from San Jose for Animal Control Services (ii) Total number oflicenses sold to SARATOGA residents; . (iii) Number of incoming live animals brought to the shelter (surrender and field); (iv) Number of dead animals picked up and brought to the shelter; and (v) Number and type of animals to which Medical Services were provided along with a brief description of service. (vi) This report shall be provided in hard copy by US mail and electronically by email. d) Quarterlv Report - CITY OF SAN JOSE shall provide, within 30 days of the end of each Quarter, a quarterly Response Time Performance Standard report, for all Priority 1-4 calls. e) Yearly Report - CITY OF SAN JOSE shall complete and submit to the County of Santa Clara Public Health Department the Annual Report of Local Rabies Control Activities. CITY OF SAN JOSE shall provide an annual report of activities and accomplishments to SARATOGA. . 12) ALTERNATIVE LEVELS OF SERVICE - SARATOGA requests CITY OF SAN JOSE provide alternative levels of services with payment terms that may differ from this request for proposal, based on ability to provide those services requested herein. 13) EXCLUDED SERVICES - SARATOGA requests CITY OF SAN JOSE provide a list of excluded services that will not be performed under this agreement. 14) ADDITIONAL KNOWN COSTS - Provide cost estimates for miscellaneous activities that may result in additional costs such as those associated with transferring records from the Silicon Valley Animal Control Authority to the City of San Jose or other transition activities. 15) CITY OF SAN JOSE ANIMAL SHELTER- SARATOGA requests CITY OF SAN JOSE provide staffing levels, shelter design drawings, hours of operation, anticipated date of completion, adoption, educational, and service programs planned, volunteer opportunities, and any other services to be provided to the residents of SARATOGA once the shelter is completed. . 16) PAYMENT TERMS - SARATOGA is requesting CITY OF SAN JOSE provide a payment schedule that shows separate annual charges for field services, dead animal servIces, 6 EXHIBIT 1 Request for Proposal from San Jose for Animal Control Services including the contracts for San Jose Tallow and the Wildlife Center of Silicon Valley, and shelterlmedical services. SARATOGA is requesting CITY OF SAN JOSE also provide . required costs for up-front capital expenditures for the City of San Jose animal shelter project. 17) COST CONTAINMENT - Saratoga is requesting that the City of San Jose provide a pfulosophy of how costs for the services provided will be contained over the course of the agreement. SARATOGA requests an estimate of how the contract costs will be adjusted after the first 3 years and prefers a fixed amount, i.e., CPI for the San Jose SMSA. Further SARATOGA requests assurance that future capital increases unrelated to SARATOGA's animals will not be borne by SARATOGA. 18) TERMS OF AGREMENT - SARATOGA is requesting the term of this agreement shalJ be for a period of twenty (20) years, with a review of the contract in its entirety every three (3) years. The Contract can be extended at ten (10) year increments beyond the initial twenty (20) year period. 19) PROGRAM REVENUE a) Fees Collected bv CITY OF SAN JOSE: CITY OF SAN JOSE shall colJect fees, charges, and penalties ("Program Fees") from the public in connection with some of the Animal Services it provides. These Program Fees shall be at the rates mutually established by the CITY OF SAN JOSE and the CITY OF SARATOGA. b) Monthlv Fee Statement: CITY OF SAN JOSE shall provide to SARATOGA with each monthly payment of Program Fees, a statement of Program Fees collected that shows the total amount of Program Fees collected and the total amounts collected in each fee category, such as impound, quarantine and board fees. c) Pavment of Prol!ram Fees: All Program Fees collected by CITY OF SAN JOSE in connection with the Animal Services provided specifically to SARATOGA, except fees collected for emergency veterinary services which are paid to contract veterinary providers, shall be remitted to Saratoga monthly by the fifteenth (15th) business day of the month immediately folJowing the month in which the Program Fees were colJected. àj Pro!!ram Revenue Records: CITY OF SAN JOSE shalJ maintain accurate records of alJ revenues derived from the Program Fees for Animal Services. Such records shalJ be . . 7 EXHIBIT 1 Request for Proposal from San Jose for Animal Control Services available for inspection upon request of SARATOGA during CITY OF SAN JOSE's e regular business hours. 20) 21) e e ANIMAL LICENSING - CITY OF SAN JOSE to provide licensing activities for impounded dogs, or other animals to which licensing is applicable that are reclaimed by their owners at the shelter. CITY OF SAN JOSE shall provide for the licensing of all SARATOGA dogs and cats. Such fees shall be remitted to SARATOGA on a monthly basis. All fees shall be at the rates mutually established by the CITY OF SAN JOSE and the CITY OF SARATOGA. PAYMENT PROVISIONS a) Timelv Pavments: Payments shall be made to the CITY OF SAN JOSE by SARATOGA in equal monthly installments. The CITY OF SAN JOSE agrees to invoice SARATOGA fifteen (15) calendar days before the first (1st) of the following month. All installment payments by SARATOGA shaH be due and payable in advance on the first (1st) business day of each month and, if unpaid, shall be delinquent on the tenth (10th) business day of each month. b) Pavment Amounts: The CITY OF SARATOGA requests the option of negotiating an agreement that contains either a flat annual fee for service or a variable annual fee based on the number oflive animals impounded by the CITY OF SAN JOSE. The "live animal" cost incorporates all administrative costs as well as the costs associated with medical and dead animal services. An animal count will be agreed to between SARATOGA and CITY OF SAN JOSE at the beginning of each fiscal year. This agreed count would form the basis of the monthly billings throughout the year. The agreed count will be adjusted every six (6) months. Any overages will be separately billed and any underages will be separately rebated back to SARATOGA, and the monthly billing amount for the next six (6) months adjusted if needed. In the event that any Section listed in SB 1785 (as approved by the Governor on September 22, 1998), the so called "Hayden Bill", is suspended or repealed, and if such suspension or repeal results in a reduction in operating costs for the CITY OF SAN JOSE during the term of this agreement, the parties agree to renegotiate the cost per animal payment amounts proposed in conjunction with this request for proposal.) 8 EXHIBIT 1 Request for Proposal from San Jose for Animal Control Services c) Inspection of Financial Records: CITY OF SAN JOSE'S financial books and records pertaining to its provision of Animal Services shall be open to inspection and audit by e SARATOGA, at our expense, at any time during normal business hours during the term of the agreement. 22) INSURANCE - CITY OF SAN JOSE, at their sole cost and expense, shall procure and maintain for the duration ofthis Agreement insurance against claims for injuries to persons or damages to property which may arise from, or in connection with, the performance ofthe services hereunder by CITY OF SAN JOSE, its agents, representatives, employees or subordinates. e e 9 '. · · · 11/07/2003 17:56 FAX 408 653 1231 SAN JOSE ANIMAL SVCS 1aI002 SC\Y\ Jose. PY'OfOJC(.l Ë~+\'\5\í l. CITYOf ~ ~ANJOSE , CAPI11I.L OF SILICON VJII.LJ;.Y Parks, Recreation and NeiRhborhood Services November 7,2003 City of Saratoga Attn~ Lorie Tinfow _ AssisW1t City MaDager 13777 Fruitvale Avenue Sar,¡¡oga, CA 95070 RE: Proposal for .Anima.! Services Dear Ms. Tinfow, The City of S"" José is in receipt of your Request for Proposal for animal services, dated October 24, 2003. We have reviewed the requirements of your letter and can recommend the following, subject to San Jose City Cóuncil approval. The City of San José, Parks, Recreation and Neighborhood Services Depamnent-Animal Services Division operar¢s ~ing the City Council prioritics as the guiding philosophy. These iDdude support for effective Council policy-making, perfonnance driven government, neighborhood-focused services delivery, the City as an employer of choice, customer service, and the effective use of + technology. We use these priorities to insure qualityreJationships with the public we serve, the elected officials who direct us, and the employees who help us achieve our goals. The Animal Services Division, also incorporates the following goals: to reduce the need for enforcement through education, and to decrease the need for sheltering through prevention. , Field Services: As listed in your Request for Proposal (RFP), section 3 Field Services, section 4 RespoDse Time Performance Standards, all categories inclusive: San José would provide emergency (priority 1) response ro any animal related call 24 hours per day, 7 days a week, including holidays. Nonnal field services to be pcrfonned from 7 am to !ipm, et!cty d'!} including weekends and holid'!}!. Shelter Service.: As listed in the RFP, section 6 Shelter Services, and sectÏon9 D<..-¡.d Animal Services, all categories inclusive: ID section 6 Shelter Services, you have requested a copy of the San]ose adoption standards. These are not currently available because the Animal Shelter will not open until February 2004, the Animal Advisory Committee and staff are still drafting this policy. In section 6 (repeated number in the RFP) Medical Services, both Option 1 and Option 2 are . provìded. State Jaw requires that all animals adopted from a public animal shelter must be spayed or neutered prior.to the release to the new owner. There are no extra costs for this service. 2-\ 11/07/2003 17:57 FAX 408 653 1231 SAN JOSE ANIMAL SVCS 141003 Gty of Sw.toga RE: Proposal for Animal Services November 7, 2003 Page 2 In section 7 Operating Schedules, San J osé will provide public shelter ho= and telephone SUppOrt that wil1 meet and exceed the highest levels requested by Saratoga and listed as Option 1 and Option 2. There are no extra costs for these services. Additional programs we will offer at aUI' Animal Care Facility include animal behavior classes, adoptions, educational seminars (dog, cats, exotics, wildlife, pet care, training), a low cost .pay/neuter clinic, lice!l5iog, micro chipping, rabies vaccination c:linics, a behavior hodine, wildlife rescue, connections to breed specific rescue groups, foster care, frtie housing for the pets of victÎnls of domestic violence, and veterinarian references. We will coordinate special events like spay day, animal care faits, adopt a shelter, adopt a shelter pet, outside adoption events, awareness campaigns on cruelty, pet owner responsibility and licensing campaigns, canvassing, fundtaising, and mentor programs. V olunt¢er opporronities will range from grec:cing the public to training a dog. . Adoption animals will be posted on the Internet and On our we bsite. We also will have a touch .o;e(:1'1 monitor in the front lobby so that visitors can search fot their pets (or a type of pet) without walking around the entire facility. We will do promotional and sea50ual marketing in order to enhance adoptions and decrease our euthanasia rate. We are already building collaborative - relationships with over 60 area rescue groups and individuals sa that our program is a community effort that will succeed. Any servic:e that is a:..a.ila.ble to a San J osé resident for" fee would be available to a Sar"to!Š" resident for an alternative fee as mutually established by the City of San José . and the City of Saratoga. Miscellaneous Services: As listed in the RFP: section 10 Records Regarding Animal Services, aU categories inclusive. Excluded items: Items not in the RFP include the following: Noisy animals, pick-up of deer and livestock, issuing citations by contract staff, participation in co=unitý' meetings and events, professional advice on relevant subject mattet such as law changes and Municipal Code updates, use of chemical capture, owner sUJ:render provisions, Hayden bill (SB 1785) subnùttal for SB 90 claims, policy on cat colonies, and cat trapping. Additional Known Cost,: The transfer of records from SV ACA, and any cost associated with it, is undetennined at this time, however, the City of Saratoga would maintain possession of all electronic - records generated through SV ACA that are related to Saratoga. It is not expected that the COSt to transfer of electronic documents would be significant. As part of the transition activities, we may require up to two months personnel costs prior to the actual sran date of the field services. This would be for the training and development of new staff needed to service the Saratoga contract. This would be a one-tÎnle occurrence at the oU!:$et of the.contract prograni Revenue Animal Licensing. Payment Provisions: AU sections inclusive. Due to the time needed to process revet!uc payments, San José would prefer 21 days after the close of the month to remit revenue to Saratoga. Construction of the Animal Care Center in San J osé is 85% complete and we expect the facility to open in Febrwu:y 2004. Because your conttact would have an impact to the capacity of the facility, 1---'2-- . 11/07/2003 17:57 FAX 408 653 1231 SAN JOSE ANIMAL SVCS 141004 '. · City of S2!atoga RE: Proposal for Animal Services Novembet 7, :2003 Page 3 we would also expect a contribution of capital in the amount of $300,000. This would provide funding to cover the additional constroction COStS to increase the animal holding space 0.1; the Center and to purchase a vehícle for service. Based on the level of service needed to accommodate the City of Saratoga, the City ofSanjosé does have the ability and the desire to perform the City's animal control and shelter services. . We can offer a long-term 20-year conrr:a.ct for services subject to cert:lÙ11 termination provisions. These contract rates would adjust every three years for shelter and field services and include a review of the contract in its entirety. Any future capital increases unrelated to Saratoga's animals would not be borne by the City of Saratoga. We would propose that operating costs can be contlined by agreeing that ann1.1al incœases may not exceed the San Francisco-Oakland-San jose, CA., Consumer Price Index for all Urban Consumers (CPI-D) + 2%, as reported by the Unircd States Department of Labor. Any significant change in law or service o1.1tside the scope of the contract would require additional negotiation, Under the terms of the RFP the initial operating contract cost would be an esri.tnatcd $175,000 per year, for the first three years. San josé would be willing to negotiate a per-animal cost for animal sheltering_ · Alternate Levels of Service; 1. All service as requested in RFP, with the following adjustments: · Move animals hit by car to Priority 1, adjust response time in Priority Z to 4 hours and Priority 3 to eight h01.1rs. · Eliminate the category Priority 4 and merge with Priority 3. · Offer cat-trapping services to residents, chemical capture and owner surrender provisions. · Incl1.1dc Wildlife Center contract and disposal/tallow contract. Normal field services are performed during an eight hour workday, Monday through Friday, excluding Saturdays, Sl.U).days and holidays. · Emergency response to Priority 1 calls 24 hours a day, 7 days a week. · No revenue reimbursement to Saratog.¡.. Estimated cost: $130,000. · 2. All service as requested in RFP, with die following adjustments; · Move animals hit by car to Priority 1, adjust response time in Priority 2 to 4 hours and Priority 3 to eight hours. . · Eliminate the category Priority 4 and merge with Priority 3. · Offer eat-ttapping services to residents, chemical capture and owner surrender provisions. · Include Wildlife Center COntract and disposal/tallow contract. '2-3 11/07/2003 17:57 FAX 408 653 1231 SAN JOSE ANIMAL SVCS ~005 Oty of Saratoga RE: PtOposal for Animal Se!VÌces November 7, 2003 Page 4 .' Normal field services are performed during an eight-hour wOtkday, Monday thJ:ough Friday, Response to Priority 2 (and higher) calls during eight-hour shift on SatUJ:day, Sunday and holidays. . No revenue reimbursement to Saratoga. Estimated annual cost $150,000. 3. Saratoga provides it's own field services, San J osé ptovides all shelter services and programs as stated in RFP. No tevenue reimbursement to Saratoga, Estimated annual cost: $40,000 San J osé is prepared to negotiate in good faith in order to execute a contract based on the terms outlined in this letter at the earliest possible date. It is expected that any conaact for services . would begin, subject to City Council approval, officially on July 1, 2004. Thank you for allowing San J osé to participate in your proposal process. We look forward to your response. Sara L. 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Eóõti¡'3 § u .8 ~ Ó 1;5 go gf~ U ( ) ',,='üU '$ ~ S p -<..... õ<u~>ª' E-< g.~ if) U :<:.:'J V'> " " ~ 00.:::- "" " .8'€ ~¡g, o " <") 0 ¡;; g¡ " .~ 0] t'l.p, <~ . o o o Ô o '" "" o o o Ô o '" "" . o o o Ô o '" .., o o o Ô o '" ... - l' , . . . SARATOGA CITY COUNCIL MEETING DATE: November 19, 2003 AGENDA ITEM: ORIGINATING DEPT: City Manager's Office CITY MANAGER: OJ~/ PREPARED BY: Dave Anderson DEPT HEAD: SUBJECT: Strategy for Legislative Redistricting RECOMMENDED ACTION(S): Accept report and direct staff accordingly. REPORT SUMMARY: Back!!round * The Redistricting Process While "reapportionment" involves the adjustment between states of seats in the House of Representatives based on population, "redistricting" is the process by which Assembly, Senate, Congressional and Board of Equalization districts within California are adjusted every 10 years to take into account changes in the state's population. Districts are drawn at the beginning of each decade so they are as equal as possible in population. However, over the course of the decade, districts often become significantly unequal in population due to differential growth rates in various locations ofthe state. Redistricting is the way this inequality is corrected. The 2001 redistricting was based on population information from the 2000 census. The California Constitntion The California Constitution (Art. XXI) requires the Legislature to adjust the boundaries of Senate, Assembly, Board of Equalization and Congressional seats in 2001. There can be only one redistricting each decade. The California Constitution also requires that: · Members of the Senate, Assembly, Congress and the Board of Equalization be elected from single- member districts. · The population of all districts of a particular type be reasonably equal. · Every district be contiguous. · Districts of each type be numbered consecutively north to south. · The geographical integrity of local government boundaries and geographical regions be respected to the extent possible. In the Reinecke case (10 Ca1.3d 396), the California Supreme Court narrowed the permissible population deviation between districts. The California Supreme Court has also recognized an additional important standard for redistricting: · Respect for communities of interest of various kinds. The United States Supreme Court has similarly recognized the importance of communities of interest. (Lawyer v. Department of Justice (1997) 521 U.S. 567.) Communities of interest may be defined by the many different kinds of factors that draw people together, including, but not limited to, socio-economic status, shared political issues, transportation and media structures, schools and churches, community organizations, etc. Race in and of itself may not be used to define a community of interest. (Miller v. Johnson (1995) . 515 U.S. 900.) It should be noted that, in terms of redistricting, a community of interest is generally considered significant only if it is geographically compact. . , Legislative Procedure The Legislature adopts a redistricting plan in the same manner as it adopts any other bill. Because the bills must include the specific boundaries of each district, and because the districts must take into account the 2000 census data, drafting cannot begin until after the census data is delivered and analyzed, and until public hearings have been held, testimony taken, and transcripts of that testimony made available to the public and to the Legislature and its staff. Discussion The Redistricting bill (SB 802) was passed by both houses of the Legislature and signed into law by the Governor as required by the State Constitution on September 26, 2001. The new districts went into effect in March of2002. As it turned out, the new boundaries ofCalifomia State Legislative Districts met the letter of the law, but were highly gerrymandered to protect incumbent legislators. This produced some very irregular district boundaries, Among the worst example of this kind is the new 15th Senate district. This new district encompasses the City of Saratoga on the northern boundary, following the coastline south to Santa Cruz, Monterey, and to Santa Maria at its southern end. . Obviously, the principal of "Communities of Interest" has been violated in this case. It has the effect of cutting City Saratoga residents off from the rest of the Silicon Valley where it is located and associating it with coastal communities to the south divided by the Santa Cruz Mountain range, and two different counties. During the transition between the redistricting in March 2002 and the election in November of 2004 the City has been in an awkward position vis a vis the old and new State Senate District. Senator Sher, representing the 11 th district, was elected by Saratoga voters, but no longer represents our area, while Senator McPherson, representing the 15th District has the City of Saratoga within his district but generally refers constituent calls to Senator Sher's office. After the election in November of2004, the representational situation will be clear, but the fact will remain that the Santa Clara portion of the district will constitute only 22%, by population, of the newly formed district. Consequently, given the situation, the City Council asked that a discussion of Redistricting be placed on the Council agenda for discussion and direction to staff. The new Governor, Arnold Swartzenegger, campaigned on the platform of insuring fair Redistricting and competitive elections. Concerning this issue, his platform statement reads as follows: . Ensure Fair Redistricting and Competitive Elections 20f3 , . . . The purpose of the reapportionment process is to ensure that every voter is represented. This should be done in a fair manner so no political party has an advantage. Electoral districts should be drawn for the benefit of the voters, not politicians. Politicians should not control the pen to draw districts that shield themselves against competition. Reapportionment instead should be entrusted to an independent panel to ensure fairness. As Governor, I will: . Propose a constitutional amendment to have three retired appellate judges selected by lottery to serve as Special Masters for reapportioning electoral districts for the state. The reapportionment plan becomes law when adopted by the Special Masters . Oppose any attempt to weaken existing state term limits law, as passed by the voters in 1990. Given the Governor's stated support for independent redistricting efforts it may be appropriate for the City Council to authorize the Mayor to write a letter to the new Governor expressing support for his efforts in this regard, citing the harmful effects of the latest redistricting plan on the Citizens of the City of Saratoga. * The background for this report was excerpted from a document titled "Redistricting Process Background Information" published by the The Senate Committee on Elections and Reapportionment in 2001. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): NIA ALTERNATIVE ACTION(S): NIA FOLLOW UP ACTION(S): Staffwill implement Council's direction. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: Attachment 1A - 24th Assembly District Attachment lB - 15th Senate District Attachment 1 C - 15th Senate District Detail 30f3 ........ "; . ) '. ..{?':~:...,..~.;~ ~ , .~, ..' ,.- .' . .. .'. .... .. ..;",' ~.~. .' '.:;.'. ...."j .. ~~, .,:':,j.::":-;" .'.'.' .:..;?.... ., ..... ..:<:~:. .:~ ) { l' . :." '.. , ". .. .. .' .: j,:. ..'!;¡:: .. ,; ../ .. " .",.' .. .. . :.' .' ,., -- t l ................. .-.. I c ::: tn .. ~:': ',. ;'-'-"~' ..... '. ·h. .. ...::"::" .........- Q\ .... i " .:.: U ~ U v CO ;"0 '€ ~ ..".... ¡; ~ .':( '" v ¡; " ,. .~ " 0: ¡; E " ¡; ~ U N :z ,. ~ 0: t · " ~ W E ::: o "" -" .. 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