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Home My WebLink About03-03-2004 City Council Agenda Packet ~ , "'<iii ~Õ) .-.\\ ~~¿:'}/'&7:' , {2Y- .;..¡,; ~ Æ /f"";:.'. 1.<.> \~:f:.::\ e'l \GJ! ,,;;7 '.", \':3 If AGENDA REGULAR MEETING SARATOGA CITY COUNCIL MARCH 3, 2004 ARCHIVE COPY OPEN SESSION - 5: 30 P.M. JOINT MEETING WITH HERITAGE PRESERVATION COMMISSION CLOSED SESSION- 6:30 P.M. - ADMINISTRATIVE CONFERENCE ROOM, 13777 FRUlTV ALE AVENUE ANNOUNCEMENT OF CLOSED SESSION ITEMS CALL MEETING TO ORDER - 6:30P.M. ANNOUNCEMENT OF CLOSED SESSION ITEMS ADJOURNED TO CLOSED SESSION - 6:30 P.M. Conference With Labor Negotiators (Gov't Code 54957.6): Agency designated representatives: Lorie Tinfow, Assistant City Manager & John Cherbone, Public Works Director Employee organization: SEA Conference With Labor Negotiators (Gov't Code 54957.6): Agency designated representatives: Lorie Tinfow, Assistant City Manager & Tom Sullivan, Community Development Director Employee organization: Non SEA Members Conference With Labor Negotiators (Gov't Code 54957.6): Agency designated representatives: Dave Anderson, City Manager Employee organization: SMO Conference with Legal Counsel- Threatened litigation (Gov't Code 54956.9(b): (1 potential case) Conference with Legal Counsel - Initiation of litigation (Gov't Code section 54956.9( c): (1 potential case). Conference With Legal Counsel- Existing Litigation: (Government Code section 54956.9(a» Name of case: City of Saratoga v. Hinz (6th District Court of Appeals No. H023549) ~ REGULAR MEETING -7:00 P.M. - CIVIC THEATER/COUNCIL CHAMBERS AT 13777 FRVITV ALE A VENUE MAYOR'S REPORT ON CLOSED SESSION PLEDGE OF ALLEGIANCE ROLL CALL REPORT OF CITY CLERK ON POSTING OF AGENDA (Pursuant to Gov't. Code 54954.2, the agenda for this meeting was properly posted on February 26, 2004) COMMUNICATIONS FROM COMMISSIONS & PUBLIC Oral Communications on Non-Agendized Items Any member of the public will be allowed to address the City Council for up to 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 The City Council will receive reports from the Boards and Commissions listed below and may provide direction regarding matters to be considered by those Boards and Commissions. Recommendationsfrom Boards and Commissions requiring City Council approval are considered as independent agenda items. Report from the Heritage Preservation Commission. 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 the Month of March 2004 Colorectal Awareness Month Recommended action: Read proclamation. 2 SPECIAL PRESENTATIONS . None 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. 2A. Approval of City Council Minutes - January 7, 2004 Recommended action: Approve minutes. 2B. Approval of City CouncÜ Minutes - January 21, 2004 Recommended action: Approve minutes. 2C. Approval of City Council Minutes - February 4, 2004 Recommended action: Approve minutes. 2D. Review of Check Register Recommended action: Approve check register. 2E. Street Improvements Related to Saratoga-Sunnyvale Road & Seagull Way Traffic Signal Recommended action: Approve an increase to existing contract with Republic Electric. 2F. Review of Parks and Recreation Commission Community Survey Results Recommended action: Informational only. 2G. Resolution to Authorize Submittal of SB 1346 Rubberized Asphalt Concrete Grant Program Application and Delegate Authority to City Manager to Execute Funding Agreements with the State of California Recommended action: Adopt resolution; authorize City Manager to execute funding agreements. 2H. Park Use Agreements Recommended action: Approve Park Use Agreement; authorize the City Manager to execute the same with various user groups. 3 PUBLIC HEARINGS Applicants/Appellants and their representatives have a total often minutes maximum for opening statements. Members of the public may comment on any itemfor 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. 3. 2004/05 Community Development Block Grant Funding Recommended action: Conduct public hearing; adopt resolutions. 4. Initiation of Annexation Proceedings for Shankar Property, 22461 Mount Eden Road Recommended action: Conduct public hearing; adopt resolution. 5. Amendments to Article 14, 15 and 16 related to the Various Sections that Deal With Storm Water Runoff (NPDES); Amendments to the Subdivision Ordinance (Article 14) Sections that Deal with Lot Line Adjustments; Amendments to Article 14 to Remove Remaining Sections Dealing with Building Site Approvals (BSA) from the Subdivision Ordinance Recommended action: Conduct public hearing; Adopt resolution granting Negative Declaration of Environmental Impact; Waive first reading and direct staff to place the Ordinance on the March 17, 2004 Council Meeting Consent Calendar for Second Reading and Adoption. OLD BUSINESS 6. Norton Road Fire Access Recommended action: Accept report and direct staff accordingly. 7. DeAnzalPG&E Trail Public Process Options Recommended action: Determine type and composition of body to conduct the public input process and project development; Provide direction to staff regarding the use of a professional facilitator to assist with the public input process. 8. State Budget Update Recommended action: Accept report. NEW BUSINESS 9. Citizen Advisory Committee for the General Plan, Land Use Element Update Recommended action: Direct staff to advertise for volunteers to participate on the committee. 4 4 10. Quito Road Housing Contract for Environmental Services Recommended action: Authorize City Manager to execute contract. 11. Request for Proposal for Saratoga Redevelopment Feasibility Study Recommended action: Accept report and direct staff accordingly. 12. City's 50th Anniversary Recommended action: Accept report and direct staff accordingly. 13. Formation of Library Capital Improvement Fund Committee Recommended action: Accept report and direct staff accordingly. 14. Request for Authorization to Spend Additional Library Bond Funds Recommended action: Authorize staff to use up to $10,000 from library bond funds to complete projects for the library. COMMISSION ASSIGNMENT REPORTS Mavor Waltonsmith Finance Commission VTA Restroom Ad-Hoc Vice Mavor King Arts Commission CitylSchool Ad-Hoc Committee Parks and Recreation Commission Councilmember Bogosian Council Policies AD-Hoc Committee Heritage Preservation Commission Councilmember Kline Council Policies AD-Hoc Committee LAFCO Ad-Hoc Committee Library Commission Planning Commission Village Ad-Hoc Committee Councilmember Streit Norton Road Fire Access Ad-Hoc Committee Public Safety Commission Vision for Saratoga AdHoc Youth Commission 5 . . 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). 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 February 26, 2004 at the office of the City of Saratoga, 13777 Fruitvale Ave., Saratoga, CA 95070 and was vailabl or blic review at that location. The agenda is also available on the Ci .sarato a.ca.us ebr ary2004 at Saratoga, California. . - "Clerk 6 · , 3/17 4/7 4/21 5/5 5/19 6/2 6/16 717 7/21 8/4 8/18 9/1 9/15 10/6 10/20 11/3 11/17 12/1 12/15 CITY OF SARATOGA CITY COUNCIL MEETING CALENDAR 2004 Regular Meeting - Joint Meeting with Planning Commission Regular Meeting - Joint Meeting with Saratoga Museum Association Regular Meeting - Joint Meeting with Parks and Recreation Commission Regular Meeting - Joint Meeting with Youth Commission Regular Meeting - Hakone Foundation Regular Meeting - Joint Meeting with Public Safety Commission Regular Meeting - Joint Meeting with Friends ofthe Saratoga Library Regular Meeting - Joint Meeting with Library Commission Regular Meeting Regular Meeting Summer Recess Regular Meeting Regular Meeting Regular Meeting Regular Meeting Regular Meeting Regular Meeting Regular Meeting Regular Meeting - Council Reorganization 7 SARATOGA CITY COUNCIL . MEETING DATE: Marcb 3,2004 AGENDA ITEM: Office CITY MANAGER: PREPARED BY: DEPT HEAD: SUBJECT: Proclamation - Declaring tbe Montb of Marcb 2004 "CoJorectaJ Cancer Awareness Montb" RECOMMENDED ACTION: Read proclamation. REPORT SUMMARY: None FISCAL IMPACTS: e NIA CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: NIA ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: NIA ADVERTISING, NOTICING AND PUBLIC CONTACT: NIA ATTACHMENTS: Attachment A - Proclamation Attachment B - Letter from Monte Sereno . CITY OF SARA TOGA PROCLAMA TION DECLARING THE MONTH OF MARCH 2004 "COLORECTAL CANCER AWARENESS MONTH" WHEREAS, colorectal (combined colon and rectum) cancers are the third most common site of new cancers and deaths in the United States in both men and women over the age of 50; WHEREAS, approximately 147,500 new cases and 57,100 deaths wi]] occur from the disease in the United States in 2004 WHEREAS, research suggests that the risk of colorectal cancer can be reduced by increased awareness and use of early detection practices, and fo]]owing the American Cancer Society's recommended screening guidelines, including examination by health care provider; WHEREAS, screening can prevent the occurrence of colorectal cancer by detecting and removing pre-cancerous polyps or can diagnose an early stage of the disease when it can be effectively cured; WHEREAS, in Santa Clara County, 635 new cases wi]] be diagnosed and almost 195 will die of this preventable cancer; WHEREAS, sister cities in Santa Clara County have declared themselves "a colon cancer free zone" by implementing an awareness program to help eliminatecoJon cancer in their community; WHEREAS, the City of Saratoga, is committed to informing employees and resjdents about the risk factors and available precautions that can be taken to fight the djsease; NOW, THEREFORE, I Ann Waltonsmith, Mayor of the City of Saratoga, by virtue of the authority vested in me as the Mayor, along with my colleagues on the City Council, hereby proclaim the month of March, 2004 as COLORECT AL CANCER AWARENESS MONTH In the City of Saratoga, we urge all employees and residents to become aware of their risks for colorectaI cancer, talk to their health care providers and, when appropriate, take the necessary screening tests for the disease. WITNESS OUR HAND AND THE SEAL OF THE CITY OF SARA TOGA on this 3rd day of March 2004. Ann Waltonsmith, Mayor Saratoga, California e e e Feb-19-04 01:55P P.02 Ma)'or: Erin Gam~r Vice-M:Jyor; A. Curtis Wright Coullcilmember: David B;¡xter Councilmemher: Barhan.1 Nesbct Councihnember: Mark Brodsky City Mamtger: Brian I,O\'cnthal City CJerk: Andreu Chcle:mr:ngos finance Of!ïct:"r: Sue L HeurClIx Building Onici.:!); Howurd T. Bd! City of Monte Sereno =o--~~.....".~-:-~:~--,,-_-=o:-~,--==-=--~~~~~-=--=~---,--.:.:..:..,....,......,..~_~-,~--,----_.'- ..---- February 19, 2004 Mayor Ann Waltonsmith City of Saratoga 13777 Fruitvale Avenue Saratoga, Ca 95070 RE: A Challenge and Proclamation Dear Mayor and Members of the City Council: You may not be aware that March is Colorectal Cancer Awareness Month and our City has taken steps to help prevent this disease in our community by declaring ourselves the first Colon Cancer Free Zone in the nation and embarking on an education program regarding screening which will save lives. In cooperation with the American Cancer Society, we will be working with our citizens and our local hospitals to encourage screening. We ask that you join us by: 1) Issuing a proclamation that March is colon cancer awareness month; and 2) Declaring your City a "Colon Cancer Free Zone." There are a number of ways you can declare your city a Zone: · Use your communications systems to educate your citizens and employees about the disease, which is the second leading cause of cancer deaths in the country (specifics available at www.cancer.org or 1-800-ACS2345) · Involve key businesses and community leaders in the awareness campaign · Provide appropriate city employees time off to get screened for colon cancer · Involve your city council in the awareness campaign · Provide pledge cards (attached) for city council members andlor city employees · Enlist a speaker from the American Cancer Society to come talk to city and business groups about how colon cancer can be prevented and how to become a part of "The Zone." · Encourage your citizens to take part in the March education programs at Community Hospital and Good Samaritan Hospitals, where there will be free materials and dedicated tumor boards on colon cancer, in addition to community forums: Tues., March g 7-9PM, Dr. Peter Youn, Auditorium, Good Samaritan Hospital. Materials available at Planetree Library throughout the month }g041 Saratog¿~Los GaIns Road· MonIc Sereno. California 95030-4299 . Telephone: 408.354.7635 . Fax: 40i:{.395.7f15;\ . hllp:!/w\\'w.l11ontöcrl~((}.()rg Feb-19-04 Ol:55P 6:30PM, Community Hospital of Los Gatos, Conference Room 1 and 2. · Wed., March 3, Dr. Bassam Saffouri, Dr. Mark Segall · Tues.,March 23, Dr. Richard Coughlin, Dr. George Fisher · Tues., March 30, Dr. Richard Adrouny, Sally Tally, RN, The American Cancer Society is happy to provide you with additional materials. Attached is a sample proclamation and a copy of our newsletter to show our support for this iife-saving effort, along with a list of activities which will be taking place during March. If you have any questions, please feel free to call us or the American Cancer Society at (408) 688-0105. Sincerely, ~rin Garner Mayor City of Monte Sereno The First Colon Cancer Free Zone in the Nation Enclosure: Pledge card Sample Proclamation Colon Cancer materials P.03 e e e Feb-19-04 Ol:56P P.04 e . . City of PROCLAMATION WHEREAS: colorectal (combined colon and rectum) cancers are the third most common site of new cancers and CRC is the second leading cause of cancer deaths in the United States in both men and women; WHEREAS: approximately 147,500 new cases and 57,100 deaths will occur from the disease in the United States in 2004; and WHEREAS: research suggests that the risk of colorectal cancer can be reduced by increased awareness and use of early detection practices, and following the American Cancer Society's recommended screening guidelines, including examination by health care provider; and WHEREAS: screening can prevent the occurrence of colorectal cancer by detecting and removing pre-cancerous polyps or can diagnose an early stage of the disease when it can be effectively cured; and WHEREAS: in Santa Clara County, 635 new cases will be diagnosed and almost 195 will die of this preventable cancer; and WHEREAS: sister cities in Santa Clara County have declared themselves "a colon cancer free zone" by implementing an awareness program to help eliminate colon cancer in their community; and WHEREAS: the City of , is committed to informing employees and residents about the risk factors and available precautions that can be taken to fight the disease. NOW, THEREFORE, The March, 2004 as City Council, hereby proclaims the month of COLORECTAL CANCER AWARENESS MONTH In the city of , we urge all employees and residents to become aware of their risks for colorectal cancer, talk to their health care providers and, when appropriate, take the necessary screening tests for the disease. Mayor Feb-19-04 Ol:56P P.05 I American ~ Cancer . \' Society· I' " ,. . , ': j "Colon Cancer-Free Zone" FAQ . . What is the "Colon Cancer Free Zone"? It is a public awareness campaign sponsored by the American Cancer Society. The idea of a ·Colon Cancer-Free Zone" (CCFZ) came from a physician to the American Cancer Society, which has endorsed the idea as a grassroots campaign to help save rives from colon cancer. · How does it work? The "Colon Cancer-Free Zone" campaign, spearheaded by a local advisory committee consisting of physicians, hospital CEO's, media and legislative representatives, starts with one community and will move from community to community to increase public awareness of the disease and to help reduce the incidence of the disease within that particular community. · Why do it? Colon cancer is more than 90% preventable. Colon cancer screening is unique because it can result in both prevention and early detection. Promotion of screening represents a clear opportunity to save lives, yet it is highly underutilized. . · Why Monte Sereno? Monte Sereno, with a population of 3,700 highly educated people, is an ideaf community to launch the campaign, for a number of reasons: o Two-thirds (2500) of the community fall into the category where testing is recommended (over 50); and it is almost equally men and women. Colon cancer incidence is the same in all ethnic groups and affects men and women equally. o The community contains two supportive hospitals; and an socially active physician community. Data shows that people tend to be tested when they have physician recommendation and medical support. o Northern California Cancer Center Registry data from 1997-2001 shows in their most recent report that there were ten cases of colon cancer in Monte Sereno, all invasive. o The City Council has unanimously supported this idea. . Feb-19-04 Ol:56P P.06 4iolon Cancer Free Zone. !~ - D Yes. I understand colon cancer is 90 % preventable and support a colon cancer tree zone. DYes, ! am over 50 and will schedule my screen1tq D Yes, I will talk to 3 people and encourage them to be screened. D Yes, I would like to help by volunteering at ACS to: D survey my neighborhood which is in D participate in a rally CJ attend a community forum (March 9th from 6-8 PM at Good Samaritan Hospital and March 3rd. 23rd. and 30th from 6-8 PM at Community Hospital of Los Gatos.) Call: 408.688.0120 tor more information. e. Name Address 24-hour cancer info. 1.800.ACS.2345 . l\I.cancer.org City, State Zip . SARATOGA CITY COUNCIL 2r\ G7~~ · AGENDA ITEM: MEETING DATE: March 3, 2004 ORIGINATING DEPT: City Manager's Office PREPARED BY, (J\')~ . Cathleen Boyer, ity Clerk CITY MANAGER: DEPT HEAD: SUBJECT: City Council Minutes RECOMMENDED ACTION: Approve minutes. REPORT SUMMARY: Approve minutes as submitted for the following City Council Meeting: Regular Meeting - January 7,2004 FISCAL IMPACTS: · N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: Retain minutes for legislative history. ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: Attachment A - Minutes January 7, 2004 · MINUTES SARATOGA CITY COUNCIL JANUARY 7, 2004 J The City Council of the City of Saratoga held a Joint Session with the Finance Commission in the Administrative Conference Room, 13777 Fruitvale Avenue, at 5:30 p.m. . The following Finance Commissioners were present: Chair Richard AlJen, Simon Chin, Jim Hughes, Ajay Narin, Bart W. Rubenson, Alex Tennant, Norma Siegler, and Jesse Baloca, Staff LiaisonlAdministrative ServicesDirector. Director Baloca presented a brief overview of the City's current financial situation. Director Baloca stated that as a result of Governor Davis' pulling the VLF trigger in late June 2003 the City lost an estimated $375k of its current 2003-04 operating budget. Currently, the State considers the reduction of our current year revenue stream a loan that will be repaid in 2006. Director Baloca stated on November 17, 2003 Governor Schwarzenegger rescinded the VLF increase to vehicle owners. The attempt to make local government whole has thus far been unsuccessful in receiving the approval of the Legislature. Director Baloca stated that as a result the City estimates that an additional loss of $945k until the end of this fiscal year. Director Baloca explained that on the average, the City of Saratoga receives approximately $145k a month in total VLF revenues. The City's VLF receipts for December 2003 were reduced to $31k. The VLF revenue stream supports approximately 21.5% of the City's general fund. On December 18, 2003, the Governor re-stated his intention to distribute the VLF to cities. . Discussion took place in regards to how the Finance Commission could help the City monitor the budget and educate the community. Mayor Waltonsmtih thanked the Finance Commission for attending tonight's Joint Session. The City Council met in Closed Session in the Administrative Conference Room, 13777 Fruitvale Avenue, at 6:30p.m. Conference with Legal Counsel- Threatened Litigation: Significant exposure to litigation pursuant to Govemment Code section 54956.9(b): (2 potential case) Conference with Legal Counsel- Initiation oflitigation (Gov't Code section 54956.9(c): (1 potential case). Conference With Legal Counsel- Existing Litigation: (Government Code section 54956.9(a» . Name of case: City of Saratoga v. Escamilla (Santa Clara County Superior Court No. 1-03-CV-0053) , MAYOR'S REPORT ON CLOSED SESSION - 7:00 p.m. e Mayor Waltonsmith reported there was Council discussion but no action was taken. Mayor Waltonsmith 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, Norman Kline, Nick Streit, Vice Mayor Kathleen King, Mayor Ann Waltonsmith ABSENT: None e ALSO PRESENT: Dave Anderson, City Manager Lorie Tinfow, Assistant City Manager Richard Taylor, City Attorney Cathleen Boyer, City Clerk Jesse Baloca, Administrative Services Director Tom Sullivan, Community Development Director John Cherbone, Public Works Director Morgan Kessler, Civil Engineer Cay Bloomquist, Administrative Analyst REPORT OF CITY CLERK ON POSTING OF AGENDA FOR JANUARY 7. 2004 Cathleen Boyer, City Clerk, reported that pursuant to Government Code Section 54954.2, the agenda for the meeting ofJanuary 7, 2004 was properly posted on December 18, 2003. COMMUNICATIONS FORM COMMISSIONS & PUBLIC ORAL COMMUNICATIONS No one requested to speak. COMMUNICATIONS FROM COMMISSIONS e Richard Allen, Chair! Finance Commission, noted that prior to the City Council meeting the Commission met with the City Council. Chair Allen briefly explained the Finance Commission's Mission Statement and provided the names ofthe members of the Commission. Chair A!len explained that the Commission has been focusing on the following: · Review Financial Performance and Budgets · Develop City Metric · Develop Reserve Polices · Develop Plan for Financial Communication to Residents 2 ¡ Chair Allen pointed out the highlights from the Joint Meeting with the Council stating that Director Baloca and City Manager Anderson explained provided an overview of the City's budget and possible risks that might be created by the State's budget. e Mayor Waltonsmith thanked Chair Allen for his report. WRITTEN COMMUNICATIONS None COUNCIL DIRECTION TO STAFF None ANNOUNCEMENTS None CEREMONIAL ITEMS None SPECIAL PRESENTATIONS None e CONSENT CALENDAR lA. APPROVAL OF CITY COUNCIL MINUTES - DECEMBER 9, 2003 STAFF RECOMMENDATION: Approve minutes. BOGOSIAN/STREIT MOVED TO APPROVE CITY COUNCIL MINUTES FROM DECEMEBR 9. 2003. MOTION PASSED 5-0. lB. REVIEW OF CHECK REGISTER STAFF RECOMMENDATION: Approve check register. BOGOSIAN/STREIT MOVED TO APPROVE CHECK REGISTER. MOTION PASSED 5-0. lC. BUDGET ACCOUNTABILITY ACT e STAFF RECOMMENDATION: Adopt resolution. 3 , e e . RESOLUTION: 04-001 Gayle TjJJer, Public Affairs Directorl Planned Parenthood Representative, requested that item 1 C be removed from the Consent Calendar. Ms. TjJJer stated that Planned Parenthood is a member of the SiJicon VaJJey Coalition of the Budget Accountability Act and urged the City Council to endorse the Act. Ms. TjJJer stated that the Budget Accountability Act is a comprehensive reform initiative designed to end state budget gridlock, reduce the annual political posturing in Sacramento, and deliver a timely and responsible State Budget. Ms. Tiller noted that Proposition 56 would be on the March 2004 baJJot. Ms. Tiller explained what the Act would do: · Require the legislature to stay in session until the budget is done · Hold legislators and the Governor accountable by withholding their pay if they fail to meet the constitutional deadline for passing the budget · Require a 55% vote to adopt the budget and any related tax legislation · Create a "rainy day" reserve fund to protect services in bad tirnes · Include summary of budget expenditures in the voters pamphlet Referring to the last paragraph of the resolution, Councilmember Streit stated that his issue is with the proposed 55% vote to pass the budget. Councilmember Streit stated that he is not willing to support the resolution because he feels that 55% is too low; one particular party on either side could control it. The current 66 2/3 keeps the balance Councilmember Bogosian stated that the legislature and the previous governor were not fiscaJJy responsible. Councilmember Bogosian noted that he does support the accountability provisions of the resolution but cannot support the resolution because of the 55% vote to pass the budget. KLINEIKlNG MOVED TO ADOPT RESOLUTION TO SUPPORT THE BUDGET ACCOUNTABILITY ACT. MOTION PASSED 3-2 WITH BOGOSIAN AND STREIT OPPOSING. !D. SECOND READING AND ADOPTION OF A ZONING ORDINANCE AMENDMENT TO CREATE AN OVERLAY ZONE FOR DRIVE- THROUGH SERVICES STAFF RECOMMENDATION: Adopt ordinance. ORDINANCE: 227 BOGOSIAN/STREIT MOVED TO ADOPT ORDINANCE AMENDMENT TO CREATE AND OVERLAY ZONE FOR DRIVE-THROUGH SERVICES. MOTION PASSED 5-0. 4 IE. ADDITIONAL STRIPING WORK IN CONJUNCTION WITH THE 2003 PAVEMENT MAINTENANCE PROGRAM STAFF RECOMMENDATION: Approve change order amount. e BOGOSIAN/STREIT MOVED TO APPROVE CHANGE ORDER IN THE AMOUNT OF $55,000 FOR ADDITIONAL STRIPING WORK ASSOCIATED WITH THE 2003 PMP. MOTION PASSED 5-0. IF. MEASURE B - A BALLOT MEASURE TO CONTINUE SUPPORT FOR SANTA CLARA COUNTY LIBRARIES STAFF RECOMMENDATION: Adopt resolution. RESOLUTION: 04-002 BOGOSIAN/STREIT MOVED TO ADOPT RESOLUTION SUPPORTING MEASURE B - A BALLOT MEASURE TO CONTINUE SUPPORT FOR SANTA CLARA COUNTY LIBRARIES. MOTION PASSED 5-0. IG. PARKING VIOLATION PENALTY INCREASE STAFF RECOMMENDATION: Adopt resolution. e RESOLUTION: 04-003 Councilmember Bogosian requested that item 1 G be removed from the Consent Calendar. Councilmember Bogosian asked if there were any documents to support the cost to recover the tickets in order to show the costs have increased to this level. Councilmember Bogosian stated that if there is no proof, he would not support an additional fee without public participation Steve Prosser, Community Service Officer, explained that recently the City moved to an electronic ticket writing process, which in turn caused the increase the contract costs. Councihnember Bogosian asked if the increase was total cost recovery. Community Officer Prosser responded yes, it is full cost recovery with no excess. BOGOSIAN/KING MOVED TO ADOPT RESOLUTION TO INCREASE THE AMOUNT OF FINE REOVIRED FOR A PARKING VIOLATION. MOTION PASSED 5-0. e 5 \ . tit . PUBLIC HEARINGS 2. RESOLUTION ORDERING THE ABATEMENT OF A PUBLIC NUISANCE BY REMOVAL OF HAZARDOUS VEGETATION STAFF RECOMMENDATION: Open public hearing; close public hearing; adopt resolution. RESOLUTION: 04-004 Cathleen Boyer, City Clerk presented staff report. City Clerk Boyer stated that the attached resolution represents the second step in Saratoga's Hazardous Vegetation Abatement Program administered by the County Fire Marshall. The County has sent owners ofthe parcels requiring weed abatement notices informing them that the weeds must be abated, either by the owners or by the County. The notice also informed them that they may present objections at tonight's public hearing. City Clerk Boyer pointed out that representatives from the County Fire Marshall's Office were present this evening to answer any questions Councilmembers may have on this topic. Mayor Waltonsmith opened the public hearing and invited public comments. Seeing none, Mayor Waltonsmith closed the public hearing. BOGOSIAN/KING MOVED TO ADOPT RESOLUTION ORDERING ABATEMENT OF A PUBLIC NUISANCE BY REMOVAL OF HAZARDOUS VEGETATION. MOTION PASSED 5-0. 3. FIVE YEAR (2001-2006) CAPITAL IMPROVEMENT PLAN (CIP) FY 03- 04UPDATE - ENVIRONMENTAL IMPACT ASSESSMENTS & CIP BUDGET PRIORITIZATION STAFF RECOMMENDATION: Accept report; conduct public hearing; adopt Environmental Assessment; adopt resolution amending the 2001-2006 CIP Budget reflecting Council direction from the 11/5/03 City Council meeting. RESOLUTION: 04-005 John Cherbone, Public Works Director, presented staff report. Director Cherbone briefly explained the CIP process and the environmental assessment. Director Cherbone stated that staff recommends that Council adopt the Environmental Impact Assessment and the Environmental Checklist Form for 2003-04 CIP Update, except for the Odd Fellows Trail Project and the Norton 'Road Fire Access Project. 6 I Director Cherbone noted that at the December lih City Council meeting, Council directed staffto provided an analysis ofthe projects in the five-year CIP, which could be placed on hold or postponed until the City's financial situation stabilizes due to the States take away ofthe Vehicle License Fee (VLF) revenue. . Director Cherbone noted that projects for postponement were prioritized based on the following: 1) Projects funded by outside sources 2) Projects with safety elements 3) Maintenance 4) Projects that are ongoing Director Cherbone noted that staff has identified $4,121,204, which meets the minimum requirements directed by the City Council. Mayor Waltonsmith opened the public hearing and invited public comments. Seeing none, Mayor Waltonsmith closed the public hearing. KLINE/BOGOSIAN MOVED TO ADOPT RESOLUTION AMENDING THE MULTIPLE YEAR CIP BUDGET AND ADOPT THE ENVIRONMENTAL ASSESSMENT REPORT. MOTION PASSED 5-0. 4. ORDINANCE ENABLING CITY MANAGER AND CITY ATTORNEY TO APPROVE CLAIMS FILED $3,000 OR LESS . STAFF RECOMMENDATION: Open public hearing; waive first reading; direct staff to place on next agenda for adoption. Richard Taylor, City Attorney, presented staff report. City Attorney Taylor explained that State law and the Saratoga City Code require that the City be given an opportunity to review a claim against the City before the claimant pursues the matter in Superior Court. City Attorney Taylor noted that currently all such claims are heard by the City Council. Government Code section 935.4 allows the City Council to delegate to City staff claim review and payment authority for claims under $50,000. Because many claims are small and do not raise major policy issues, staff recommends that the City Manager be authorized to process minor claims with the concurrence of the City Attorney. This will speed processing of claims and reduce the administrative burden to applicants and to the City Council. City Attorney Taylor noted that the attached ordinance would authorize the City Manager to accept, settle, or reject claims against the City of$3,000 or less with the concurrence of the City Attorney. Staff would retain the discretion to seek Council review for claims that are less than $3,000 and would be required to seek Council review for claims that are more than $3,000. . 7 . e . City Attorney Taylor noted that the figure of $3,000 was selected as a threshold because it appears that claims below this amount a generally minor and non- controversial in nature. Councj]member Kline asked how the Council would be kept abreast of claims that fall under this ordinance. City Attorney Taylor responded that a line could be added to the ordinance stating that within 10 days of claim resolution Council would be notified. Mayor Waltonsmith opened the public hearing and invited public comments. Seeing none, Mayor Waltonsmith closed the public hearing. BOGOSIAN/STREIT MOVED TO INTRODUCE ORDINANCE AS AMENDED; WAIVE FIRST READING; PLACE ITEM ON NEXT AGENDA FOR ADOPTION. MOTION PASSED 5-0. OLD BUSINESS 5. NORTON ROAD FIRE ACCESS - UPDATE STAFF RECOMMENDATION: Accept report and direct staff accordingly. John Cherbone, Public Works Director, presented staffreport. Director Cherbone explained that at the December 17,2003, City Council meeting, Council directed staffto provide an update to Council regarding the Norton Road Fire Access issue. Director Cherbone briefly provided Council with the background of the issue. Director Cherbone noted that the AdHoc Committee met with members of the Montalvo Association on October 220d and November 18th. Director Cherbone stated that at the second meeting Montalvo submitted an alternative route going through their property, which begins on Norton Road and exits in their upper parking lot near their water tank. This route bypasses the Artist in Residency area. The negative aspect of this route is it would be more expensive than the Artist in Residency route. Staffis currently performing a cost analysis of the new route. Director Cherbone noted that Montalvo staff would be submitting the new alternative route to their board for approval in late January. A status report would be forthcoming to City Council in February. Dave Dolloff noted that he has been involved with this project since the beginning. Mr. Dolloff stated that at the last meeting Montalvo agreed that there is a need for the emergency access road. Mr. Dolloff stated that the City should be weary of Montalvo prolonging the process with the hope that the project would not get done. Mr. Dolloff stated that the road is for the benefit for over 400 residents on the hillside and to allow all vehicles a safe route to egress safely in an event of an emergency. 8 Ed Ferrell noted that he concurred with Mr. Dolloff. Mr. Ferrell stated that Montalvo's alternative route is too expensive. Mr. Ferrell requested that the Council not support their alternative. Mr., Ferrell stated that Bohlman Road has to be left open for emergency vehicles in case of an emergency. ( Greg Prow noted that he was the current President of the Montalvo Board. Mr. Prow stated that the Montalvo Board has a fiduciary duty to the State in regards to the 177 acres. Mr. Prow stated that Montalvo is a part of this community and wants to be a good neighbor. Mr. Prow stated that Montalvo is willing to work with the City on the process although they are not obligated to do anything. . Councilmember Kline asked Mr. Prow what he meant by the comment that Montalvo did not have to do anything. Councilmember Kline asked ifhe was talking from a legal point of view. Mr. Prow stated that the property is held in a trust and ultimately owned by the State of California. Vice Mayor King asked Director Cherbone ifhe had an approximate cost for the access road. Director Cherbone noted that the original cost was approximately $110,000. Director Cherbone noted that after discussing the issue wjth Montalvo, another $50,000 would need to be added to address aesthetics concerns. Councilmember Bogosian stated that this issue has been going on for the past few years. Councilmember Bogosian stated that the Council has the constitutional obligation to provide for the health and safety of the community. Councilmember Bogosian stated that it is his beliefthat this obligation supercedes a fiduciary duty on the part of any organization or property owner if there is a safety concern. . Councilmember Streit stated that he feels that the City needs to keep working with Montalvo and go through the public process and look at all the options. Councilmember King concurred with Councilmember Streit. Councilmember Kline noted hat he concurred with his colleagues, but this is not a new issue. Councilmember Kline suggested that staff come back to Council within 30 days and start the public process. Councilmember Kline stated firmly that the City cannot allow a safety issue like this to continue. Vice Mayor King asked if the SFPD could give the City in writing their opinion on all ofthe options. Consensus of the City Council to direct staffto return with all of the options for the access road at the March 3rd City Council meeting, notice every involved party, and request an opinion letter from the SFPD in regards to each option. . 9 . . . 6. LAFCO FIRE PROTECTION SERVICE REVIEW STAFF RECOMMENDATION: Accept report and direct staff accordingly. Dave Anderson, City Manager, presented staff report. City Manager Anderson noted that the draft countywide fire Protection Service Review report was issued on November 18,2003. The Service Review is required by the State and specifies that LAFCO conduct service reviews prior to or in conjunction with the five-year mandated sphere of influence updates. There view of fire services in Santa Clara County is first in a series of such service reviews. This Service Review includes all fire service agencies in the County including seven city fire departments and four fire protection districts. City Manager Anderson explained that the report includes a special in-depth report on regional fire protection alternatives for Saratoga and surrounding areas. This special area of study was initiated because of a concern with duplication of service with two separate jurisdictions providing fire and EMS response in the City of Saratoga. Fire and EMS protection in the City of Saratoga is provided by the Santa Clara County Central Fire Protection District and by the Saratoga Fire Protection District. Each covers approximately half of the City. Service levels and cost are different between the two Districts as detailed in the report on page 111. A Boundary Drop Agreement, however, has alleviated many of the on-going operational issues. The report presented four alternatives related to possible governmental reorganization ofthe fire service delivery, including: 1) Dissolution ofthe Saratoga Fire Protection District and annexation to County Fire 2) The City withdrawing from both Districts and making a decision about a unified approach to service delivery within the City 3) Expansion of the Saratoga Fire Protection District into the County fire area ofthe City 4) Continuation ofthe current approach with/without additional service improvements. City Manager Anderson stated that LAFCO is soliciting comments from the affected agencies and the public by January 7, 2004. LAFCO is willing to accept input trom Saratoga on January 8,2004 incorporating tonight's comments. City Manager Anderson noted that this item was placed on the Council agenda this evening mainly to receive comments trom Saratoga residents that would be passed along to LAFCO along with the City Council's comments. Neelima Palacherla, Executive Director ILAFCO, added that once comments have been submitted from all of the effective agencies and the public the consultant will respond to these comments and present them in the report for February 11, 2004 hearing. 10 David Dolloff noted that he was the Chair of the FACT (Fire Fighters & Citizen Task Force). Mr. Dolloff stated that the LAFCO report identified the same findings that the FACT group came up with over two years ago. Referring to the report's findings, Mr. Dolloff noted that without County's help, the SFPD would a non-viable fire district. Mr. Dolloff stated that if there is a major fire or earthquake; a situation where you need manpower, the boundary drop situation would leave us without adequate coverage. County would provide two pieces of equipment and seven firefighters. County would serve the people that they are contracted with and take care of them first. In conclusion, Mr. Dolloff stated that the people in the SFPD must receive the same safety level as the rest of Saratoga and also need to have the resources for one of the prime areas for a major fire disaster. . Ed Ferrell stated that three years ago, Art Marshall, a firefighter with County Fire, performed a sales pitch, in which he presented reasons why County Fire would provide better fire protection for the Saratoga Fire District than the Saratoga Fire Department can. Mr. Ferrell pointed out that his argnments are now familiar- they have 14 firehouses, and provide 4 fire engines and 14 firefighters at every structure fire, and 4 and 14 more if a 2nd alarm is called. Mr. Ferrell stated that Mr. Marshall contrasted this with Saratoga Fire's one firehouse, two engines, and 5-7 firefighters, depending upon the shift. These are compelling argnments, but they represent only one side of the story. Mr. Ferrell suggested that the City Council should hear the other side. Mr. Ferrell suggested that the Saratoga Fire Department should be invited to rebut Art Marshall's claims and promises, and present reasons why its service is actualJy better. . Mr. Ferrell stated that the Saratoga Fire Department's leaders have, from time to tome, offered off-the-cuff responses. These include the suggestion that 14 firefighters is "overkill", and that "The Saratoga Fire Department is custom- designed to the unique needs of the Saratoga Fire District", whatever that means. I believe that the Fire Department can and should do better. They should present a reasoned, articulate, and detailed set of argnments, explaining why the fire district is in better hands with them then under County Fire. The City Council can encourage such an effort. Mr. FerrelJ stated that the Saratoga Fire Department was up and running decades before County Fire. Saratoga Fire Protection District was built into its modern incarnation virtually from the ground up by Chief Kraule and the Fire Commissioners, who have devoted a lifetime to the protection of our homes, businesses, and lives. Mr. FerrelJ stated that it would be appropriate for the City to express its gratitude for, and commend their outstanding public service. Mr. FerrelJ stated that it is equally appropriate for these venerable men to accept this gratitude and commendation and also to acknowledge that the upstart County Fire is now more capable of delivering modem, comprehensive fire protection, and to facilitate a transition to County Fire. . 11 e Bob Egan, SFPD Commissioner, stated that they have given the City a copy of the information to clarify the original copy of the LAFCO Report that contained incorrect information. Mr. Egan pointed out that the SFPD has been evaluated many times by many different groups and they have always come out with flying colors. Mr. Egan pointed out that these evaluations have shown that the SFPD can provide the highest level of service for the community. Mr. Egan stated that they have developed the type of fire and life safety service just for this community with Early Warning system, fire resistant roofing, ambulance service out ofthe fire station, central location for the new fire station, and a boundary drop program. Mr. Egan stated that the citizens of the Fire District are very pleased with the level of service that has been provided. Mr. Egan requested that the City leave the Fire District alone and leave the decisions of fire service delivery to the experts. Kevin Schott stated that he was a Saratoga resident and firefighter. Mr. Schott stated that the Boundary Drop Agreement, which was executed a few years ago, is a "band-aid on a large wound". Mr. Schott pointed out that the agreement has a sunset clause. Mr. Schott stated that if this Boundary Drop is lost one half of the City would continue to receive a high level of service while the other does not. Mr. Schott suggested that the Council tell LAFCO what the City of Saratoga needs as a whole. Not half the City, but the entire City. e Jay Geddes, SFPD Commissioner, stated that the boundary drop agreement is working very well. The SFPD is responding into the County' area about the same time they are responding into ours. About 90% of the time the extra engines are cancelled before they arrive to the area. Mr. Geddes suggested that if the City wants to evaluate the cost issues, SFPD costs are substantially below the County's on a per man basis. Mr. Geddes stated that this means is the Saratoga Station would be staffed with fewer people if the County assumed control over it. Councilmember Kline noted that the LAFCO report has raised some issues that have been around for a long time. The level of service for the District is going up. Councilmember Kline stated that the question is whether or not they are capable to fulfill the service level without the Boundary Drop. Councilmember Kline pointed out that the City should avoid becoming the "Applicant" due the expense and the fact that this should not be the City Council's decision. The residents of the two districts should make the decision. Councilmember Kline suggested an advisory ballot for the November 2004 election. Councilmember Streit stated that if you look at the options the underlining message is that the City of Saratoga needs one fire district. Councilmember Streit stated that the City should start the process to get a uniformed cost effective single fire district to serve the City. e Councilmember Bogosian stated that tonight the Council should limit their comments and focus on the subcommittee recommendations. Councilmember Bogosian stated that the Council should not take a position on any of the options presented in the LAFCO report until we have sufficient facts and related costs. 12 Vice Mayor King stated that she is concerned that the Boundary Drop Agreement will not work past 2006. Mayor Waltonsmith stated that the Council should ask LAFCO to explain the process for each option presented in the report. . Councilmember Bogosian stated that he could support a letter asking for procedures but not prepared tonight to suggest one option over another. Councilmember Kline stated that the letter should make it clear that the Council desires a consistent level of service across the city. Consensus of the City Council to recommend the following to LAFCO: 1) Property owners within the Saratoga Fire Protection District boundaries pay an additional assessment to finance the bond issued to construct the new fire station. This tax rate should be added to the Tax Rate Table on page 112. 2) The City Council recommends that an additional option be added on page 113. Option (5) Saratoga Fire protection District contract with Santa Clara County Central Fire Protection District for service. 3) Expressed concern with Option (1) on page 113 that if the District was absorbed into Central Fire, ownership of the fire station be retained by the City of Saratoga or that an agreement be signed stipulation that the building be used as a fire station in perpetuity or would revert to the City if the use of the building was to change. e 4) The City Council would also like to urge LAFCO to address comparisons between the two districts regarding hillside fire capabilities. 5) Without a permanent long-term boundary drop agreement the city of Saratoga desires a single agency providing fire protection within the City of Saratoga. 7. GRANT WRITER SERVICE PROVIDER REPORT STAFF RECOMMENDATION: Accept report and direct staff accordingly Cary Bloomquist, Administrative Analysis, presented staffreport. Analyst Bloomquist stated that at the June 6, 2001 Council meeting, staff presented a report regarding professional Grant Writing Services for the City and also how other Cities in the area apply for grants. At that time Council directed staff to send out a Request for Proposal (RFP). On September 5, 2001 Council selected National Grant Services to perform grant writing services for the City. e 13 e e e Analyst Bloomquist noted that recently, Council directed staff to further research options in an attempt to locate a more proactive Grant writer with grater initiative, who would aggressively research grant opportunities for the City. Analyst Bloomquist noted that the list of providers remain the same from the list provided in 2001 with one additional provider. Analyst Bloomquist noted that a second option would be to create a staff position (contract or regular) to perform these services. In conclusion, Analyst Bloomquist stated that if Council desires, staff could send out a RFP to seek out the services of a professional grant writer or explore other options. Councilmember King stated that she requested this item be brought to Council because she feels that the City isn't getting the opportunities that we potentially could for grants. Consensuses of the City Council to direct staff to prepare a RFP for grant writing servIce. NEW BUSINESS 8. BUDGET ALTERNATIVES IN RESPONSE TO FUNDING REDUCTIONS PROPOSED BY THE STATE STAFF RECOMMENDATION: Accept report and direct staff accordingly. Jesse Baloca, Administrative Services Director, presented staff report. Director Baloca briefly explained the background of the VLF and the current situation with the new Governor's actions. Director Baloca explained the fiscal impacts effects on the City and explained budget scenarios depending on the effects of the State's budget and loss ofVLF revenue. Mayor Waltonsmith thanked Director Baloca for his report. 9. PARKING STUDY FOR SARATOGA PUBLIC LIBRARY STAFF RECOMMENDATION: Accept report and direct staff accordingly. Morgan Kessler, Civic Engineer, presented staff report. 14 Engineer Kessler stated that per Council's request, the City Traffic Engineer conducted a parking occupancy survey at the Saratoga Library. The purpose of the study was to determine the number of parking spaces that would be available during peak hours, and accordingly the number of people that could be accommodated at the Library's Community Meeting Room during peak hours of use. e Engineer Kessler explained that the surveys were conducted on a Sunday afternoon and a Monday afternoon. Based on the data obtained, it was found that the parking Jot would be able to accommodate during peak hours an additional 65 to 70 people in the Community Room on Sundays, and 60 additional people on Mondays. Engineer Kessler noted that after 7:00 p.m. on Mondays, the Fire Code would likely limit the number of occupants in the room. City Attorney Taylor reminded the City Council that the City owns the building and the Library is responsibility to look at how the parking lot is used. The lease makes it clear that the City is the landlord and the Library staffs responsibility to manage the services. Consensus ofthe City Council to direct staff to send a copy ofthe study to the Saratoga Library Director. AGENCYICOMMISISON ASSIGNMENTS None CITY COUNCIL ITEMS e Councilmember Bogosian requested a response back in regards to the alleged code violation on the garage band. City Manager Anderson stated that he would report back to Council. OTHER None CITY MANAGER'S REPORT None ADJOURNMENT There being no further business, Mayor Waltonsmith noted that this meeting was being adjourned to Closed Session at 10:30 p.m. in memory of Kaitlyn Langstaff Mayor Waltonsmith adjourned Closed Session at 11 :05 P.M. Respectfully submitted, e Cathleen Boyer, CMC City Clerk 15 , . . . SARATOGA CITY COUNCIL MEETING DATE: March 3, 2004 ORIGINATING DEPT: City Manager's Office PREPARED BY: W~~ Cathleen Boyer, City Clerk AGENDA ITEM: CITY MANAGER: DEPT HEAD: z.Ð p~~ SUBJECT: City Council Minutes RECOMMENDED ACTION: Approve minutes. REPORT SUMMARY: Approve minutes as submitted for the following City Council Meeting: Regular Meeting - January 21, 2004 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 January 21,2004 MINUTES SARATOGA CITY COUNCIL JANUARY 21, 2004 . The City Council ofthe City of Saratoga held a Joint Session with the Saratoga Area Senior Coordinating Council (SASCC) in the Administrative Conference Room, 13777 Fruitvale Avenue, at 5:30 p.m. SASCC presented Council with a PowerPoint presentation covering the following topics: · SASCC's request o City Council use funds to minimally improve the North Campus for their use. · What is SASCC? o Nonprofit public benefits corporation o Serves senior and their families o Serves the greater Saratoga area o Works to improves lives one by one · Insufficient funding o $18,000 from City of Saratoga o $39,500 from CDBG o $281,500 from SASCC · People pressure o Operates 5 days a week o Average 100 participant -days per week o 56 to 65 percent of participants low income o Always a waiting list · Inadequate infrastructure o Inadequate parking and traffic congestion o Conflicts when scheduling large rooms for events and programs o No private rooms for counseling · The bottom line o Need more space o Upgrade the Administration Building at the North Campus o Make Fellowship Hall at the North Campus ADA-compliant · Benefits o North Campus would provide two additional large rooms o Ample parking o Utilized outdoor space o Access from either direction on Prospect Avenue o Adds another rental facility . In conclusion SASCC stated that they want a continuing, strong partnership with the City of Saratoga. Mayor Waltonsmith thanked SASCC for attending tonight's Joint Session. The City Council met in Closed Session in the Administrative Conference Room, 13777 Fruitvale Avenue, at 6:30 p.m. . Conference with Legal Counsel- Threatened Litigation: Significant exposure to litigation pursuant to Government Code section 54956.9(b): (1 potential case) e e e Conference With Legal CounseJ - Existing Litigation: (Government Code section 54956.9(a» Name of case: City of Saratoga v. Hinz (6th District Court of Appeals No. H023549) Name of case: City of Saratoga v. Gen-Con, Inc. (U.S. Bankmptcy Court, N.D. California, No. 02-53885 JRG) Conference with Legal Counsel- Consideration of Liability Claims (Gov't Code 54956.95): Claimant: Saratoga Union School District Agency claimed against: City of Saratoga Claimant: Thompson Pacific Construction Inc. Agency claimed against: City of Saratoga Claimant: Cecil & Gudrun Jones Agency claimed against: City of Saratoga MAYOR'S REPORT ON CLOSED SESSION - 7:00 p.m. Mayor Wa1tonsmith reported there was Council discussion but no action was taken. Mayor Wa1tonsmith called the Regular City Council meeting to order at 7:00 p.m. and lead the Pledge of Allegiance. ROLL CALL PRESENT: Councilmembers Norman Kline, Nick Streit, Vice Mayor Kathleen King, Mayor Ann Waltonsmith ABSENT: Councilmember Stan Bogosian ALSO PRESENT: Dave Anderson, City Manager Lorie Tinfow, Assistant City Manager Richard Taylor, City Attorney Cathleen Boyer, City Clerk Jesse Baloca, Administrative Services Director Tom Sullivan, Community Development Director John Cherbone, Public Works Director John Livingstone, Associate Planner REPORT OF CITY CLERK ON POSTING OF AGENDA FOR JANUARY 21, 2004 Cathleen Boyer, City Clerk, reported that pursuant to Government Code Section 54954.2, the agenda for the meeting of January 21,2004 was properly posted on January 15, 2004. 2 COMMUNICATIONS FORM COMMISSIONS & PUBLIC ORAL COMMUNICATIONS Ed Ferrel1 requested that the City Council rewrite the policy on public input on agenda items. Mr. Ferrel1 asked that the revised policy include reopening public discussion after Council has had its discussion. COMMUNICATIONS FROM COMMISSIONS Ethyl James noted that she represented Saratoga Area Senior Coordinating Council (SASCC). Ms. James noted that Saratoga has an exploding 55+ population that has lead to a growth pressure on their facility. Ms. James stated that SASCC is requesting that the City make available usable space to them in order to expand and continue their programs. Ms. James stated that SASCC requested that the improvements to the North Campus be moved up on the CIP list when funds become available. Ms. James requested a list of the work that needs to be done there. SASCC is also seeking the help of the City to assist them in communicating with the seniors in the area in February. Gregory Gates, Chair/Parks and Recreation Commission (PRC), explained some of the PRC's recent activities including starting the feasibility study for a "dog park". Chair Gates stated that a "dog park" was ranked #5 on the 2002 Community Survey. Chair Gates noted that the PRC also formed a Celebration Task Force to promote free community building activities that various parks throughout the City. Vice Mayor King requested that the City Council be given the results from tbe 2002 survey. Vice Mayor King noted that she has some concerns with the PRC concentrating on the 5th most popular item on the survey without looking at the 1-4 items. Councilmember Kline noted that he ful1y supports any activities that promote bringing the community together at no cost. Councilmember Streit noted that he concurred with his colleagues. Report from Phylis Ballingall, Chair/Heritage Preservation Commission, announced that February 8, 2004 is the 2nd Annual Mustard Walk. . Chair Ballingal1 highlighted some of the events taking place this year such as; donkey cart rides, docent tours of the orchard, antique auto show, and much more. WRITTEN COMMUNICATIONS None COUNCIL DIRECTION TO STAFF None ANNOUNCEMENTS None 3 e e e e e . CEREMONIAL ITEMS None SPECIAL PRESENTATIONS 1. SANTA CLARA COUNTY SHERIFF'S DEPARTMENT - PUBLIC SAFETY REPORT STAFF RECOMMENDATION: Informational only. John Hirakawa, Captain/SCC Sheriff's Department, Captain Hirakawa briefly highlighted the Public Safety Report, which outlined citations for moving, speeding, and other types of violations for the year 2003. Discussion took place in regards to the safety at the various schools and the decrease of traffic tickets since elimination of one Deputy in 2003. Consensus of the City Council to direct the Sheriff's Office to return in May with an updated Public Safety Report. CONSENT CALENDAR 2A. APPROVAL OF CITY COUNCIL MINUTES - NOVEMBER 19, 2003 STAFF RECOMMENDATION: Approve minutes. STREIT/KLINE MOVED TO APPROVE CITY COUNCIL MINUTES FROM NOVEMBER 19, 2003. MOTION PASSED 4-0-1 WITH BOGOSIAN ABSENT. 2B. APPROVAL OF CITY COUNCIL MINUTES -DECEMBER 9, 2003 STAFF RECOMMENDATION: Approve minutes. 2C. STREIT/KLINE MOVED TO APPROVE CITY COUNCIL MINUTES FROM DECEMEBR 9, 2003. MOTION PASSED 4-0-1 WITH BOGOSIAN ABSENT. APPROVAL OF CITY COUNCIL MINUTES - DECEMBER 17,2003 STAFF RECOMMENDATION: Approve minutes. Mayor Waltonsmith requested that item 2C be removed from the Consent Calendar. 4 Mayor Waltonsmtih requested that on page 3 the following be added to her comment "Mayor Waltonsmith announced that City Hall would be closed from December 24, 2003-January 5,2004 as a cost savings measure." W ALTONSMITH/KLINE MOVED TO APPROVE CITY COUNCIL MINUTES FROM DECEMEBR 17. 2003 AS AMENDED. MOTION PASSED 4-0-1 WITH BOGOSIAN ABSENT. . 2D. REVIEW OF CHECK REGISTER STAFF RECOMMENDATION: Approve check register. STREITIKLINE MOVED TO APPROVE CHECK REGISTER. MOTION PASSED 4-0-1 WITH BOGOSIAN ABSENT. 2E. PLANNING ACTION MINUTES - JANUARY 14, 2004 STAFF RECOMMENDATION: Note and file. STREITIKLINE MOVED TO NOTE AND FILE PLANNING ACTION MINUTES OF JANUARY 14,2004. MOTION PASSED 4-0-1 WITH BOGOSIAN ABSENT. 2F. COMMISSION ATTENDANCE RECORDS . STAFF RECOMMENDATION: Informational only. Mayor Waltonsmith requested that item 2F be removed from the Consent Calendar. Mayor Waltonsmith asked permission from her fellow colleagues to contact a Public Safety Commissioner in regards to his excessive absences. Consensus ofthe City Council to allow the Commissioner finish out his term, which ends in April 2004. 2G. REAPPOINTMENT OF REPRESENTATIVE TO VALLEY TRANSPORTATION AUTHORITY'S BICYCLE ADVISORY COMMITTEE (BAC) STAFF RECOMMENDATION: Reappoint Jim Stallman to the Bicycle Advisory Committee. STREITIKLINE MOVED TO REAPPOINT JIM STALLMAN TO THE BAC. MOTION PASSED 4-0-1 WITH BOGOSIAN ABSENT. . 5 . . . 2H. AMENDING THE DEFERRED COMPENSATION PLAN AND TRUST STAFF RECOMMENDATION: Adopt resolution. TITLE OF RESOLUTION: 04-006 STREIT/KLINE MOVED TO ADOPT RESOLUTION AMENDING THE DEFERRED COMPENSATION PLAN AND TRUST. MOTION PASSED 4-0- 1 WITH BOGOSIAN ABSENT. 21. ORDINANCE ENABLING CITY MANAGER AND CITY ATTORNEY TO APPROVE CLAIMS FILED $3,000 OR LESS STAFF RECOMMENDATION: Adopt ordinance. TITLE OF ORDINANCE: 228 STREIT/KLINE MOVED TO ADOPT ORDINANCE ENABLING CITY MANAGER AND CITY ATTORNEY TO APPROVE CLAIMS FILED $3,000 OR LESS. MOTION PASSED 4-0-1 WITH BOGOSIAN ABSENT. PUBLIC HEARINGS 3. EXPAND THE CITY OF SARATOGA'S URBAN SERVICE AREA BOUNDARY TO INCLUDE TWO NEW PARCELS, APN 503-48-029 & 503- 48-028 STAFF RECOMMENDATION: Open public hearing and continue the item. John Livingstone, Associate Plarmer, presented staff report. Plarmer Livingstone stated that Council directed staff to proceed with the proposed expansion ofthe City's Urban Service Boundary to the area near Hakone Gardens that includes the Britton and English property. Plarmer Livingstone explained that at the Planning Commission meeting on January 14th one ofthe owners of the proposed Urban Service Area Boundary Expansion area expressed concerns with the noticing. In response the Plarming Commission continued the item to the next meeting of January 28, 2004 to allow the item to be renoticed. This requires that City Council to continue the meeting on the item that was scheduled for this evening. City Attorney Taylor directed the Council to keep the pubic hearing open and continue it to a date yet to be determined. 6 City Attorney stated he received communications from one ofthe effective property owners indicating that he believed the City of Saratoga is interested in acquiring this land. City Attorney Taylor stated that he has no recollection of Council giving direction to proceed to investigate acquisition or proceed with acquisition. . Mayor Waltonsmith stated that the City is interested in expanding the Urban Service Area in order to better the City's communications with the County. Mayor Waltonsmith opened the public hearing and invited public comments. Seeing none, Mayor Waltonsmith stated that the public hearing would be continued to date yet to be determined. OLD BUSINESS 4. COMER DEBRIS BASIN MODIFICATION PROJECT UPDATE STAFF RECOMMENDATION: Accept report and direct staff accordingly. John Cherbone, Public Works Director, presented staff report. Director Cherbone explained that the Comer Debris Basin Modification Project is a study to determine the impact of the basin on the creek and watershed. The study examined the following issues: hydraulic, hydrologic, sedimentation, basin removal options, adverse and beneficial environmental impacts, and whether the removal of the debris basin benefits the watershed. e Director Cherbone noted that Santa Clara Valley Water District (SCVWD) staff would report on the status of the Comer Debris Basin Modification Proj ect. Beau Goldie, Santa Clara Valley Water District/Assistant Operating Officer, noted that last year the City Council asked the District to perform a feasibility study in regards to the removal of the bridge. The study was completed in March 2003 and the proj ect is slated for the 2014 CIP. Mr. Goldie explained that the District currently has a Clean Safe Creek!Flood Protection Program on Calabasas Creek from Miller-Wardell. Mr. Goldie stated that he is aware that one of the concerns of the Council is the integrity of the bridge if there is a 1 % flood. Mr. Goldie stated that yesterday at the site visit the District looked at the bridge and noted that the bridge would be inundated about 6 inches. Mr. Goldie stated that this portion of the creek could be a part of the Sediment Excavation Program starting this summer. Mr. Goldie stated that they would need permission from the various agencies to approve adding this section to Excavation Program. The project would start mid-summer and would be competed by October 15,2004 . 7 e e . Lawrence Clifford pointed out that he received notice for this meeting this evening but did not get a notice for the site visit that happened yesterday. Mr. Clifford stated that he has not had a chance to study the report that has been given to the City Council. Mr. Clifford stated that he feels this proj ect is getting "railroaded" through. Bob Wallace stated the he supports removing the dam by this summer. Lawrence Ives stated that he owns the property where the sediment is. If any excavation happens it would be on his property. Mr. Ives stated that he never received a notice for the site visit. Barbara Clark stated that she feels there was lack of notification regarding this meeting. Chiu Ting stated that he has lived along the creek for 30 years and shares the same concerns as his neighbors. Mr. Ting presented the Council with pictures of his tool shed where the ground eroded underneath it. Mr. Ting stated that the Water District told him that he had to remove the shed. In regards to erosion issues, Mr. Goldie stated that the District handles erosion under their maintenance program but if the District doesn't have an easement or ownership they cannot do corrective actions. Mr. Goldie stated that the District could only use public funds on public property. A discussion took place in regards to the Council's concern of the Comer Debris Basin Removal Project waiting unit 2014 to begin. KLINE/STREIT MOVED TO REQUEST THE WATER DISTRICT INVESTIGATE AND REPORT BACK TO THE CITY COUNCIL THE FEASIBILITY OF REMOVING 3-4 FEET OF SEDIMENT UNDER THE BRIDGE AND HOLD A 2ND SITE VISIT WHEN SEDIMENT PROJECT BEGINS IN THE SUMMER INCLUDING NEIGHBORHOOD NOTICING. MOTION PASSED 4-0-1 WITH BOGOSIAN ABSENT. 5. STATE BUDGET UPDATE STAFF RECOMMENDATION: Accept report and direct staff accordingly. Jesse Baloca, Administrative Services Director, presented staff report. Director Baloca explained two key points that have occurred since the last City Council meeting. First, the Governor's budget was released on January 9th. The City's General Fund for 2004-2005 would have a $156k hit due to an ERAF shift from local property taxes to support school funding. Secondly, the projections for the VLF backfill were once again revised. The earlier projection of $327k is now projected at $576k according to a consultant for the Leagne of California Cities. 8 Director Baloca stated that the March election would be another key milestone depending on whether the $15 billion dollar bond measure passes. The Governor will release a revised budget in May 2004. e Mayor Waltonsmith thanked Director Baloca for his report. 6. ANIMAL CONTROL SERVICES PROVIDER CHOICES STAFF RECOMMENDATION: Accept report and direct staff accordingly. Lorie Tinfow, Assistant City Manager, presented staff report. Assistant City Manager Tinfow explained that the City Council considered animal control services provider choices at the December 17,2003, meeting. At that time, direction was given that the City of Saratoga would remain with the Silicon Valley Animal Control Authority (SV ACA) if the agency remained a 5-city JP A. Assistant City Manager Tinfow reported that Los Gatos' City Council voted to withdraw from SV ACA on January 5, 2004. As a result, SV ACA has become a 4- city JP A and staff is returning to Council for further direction. Assistant City Manager Tinfow explained two options and asked Council to select one: · Option 1 - Remain with SV ACA under the conditions offered in December 2003. · Option 2- Withdraw from SV ACA and contract with San Jose e Assistant City Manager Tinfow stated that in addition, staff needed direction on the following remaining issues: · Compensation to San Jose as a flat fee per animal · Adjust the annual compensation each year or each 3-year period Assistant City Manager Tinfow explained the fiscal impacts on the two options. Councilmember Streit stated that going with San Jose the City has an immediate savings of $28k. Councilmember Streit stated that after touring the San Jose facility, it looks like it is going to be a state ofthe art facility and will have 50,000 square feet of space. Councilmember Streit suggested that the City stay with the flat rate for the first three years at $155k and reexamine it after two years. Vice Mayor King and Councilmember Kline noted that he supports going with the City of San Jose. After touring the facility, Vice Mayor Waltonsmith noted that she was very impressed. Mayor Waltonsmith stated that the facility has a lot of room to expand in the future. e 9 e e . STREIT/KING MOVED TO WITHDRAW FROM SILICON VALLEY ANIMAL CONTROL AUTHORITY. MOTION PASSED 4-0-1 WITH BOGOSIAN ABSENT. STREIT/K.ING MOVED TO DIRECT STAFF TO CONTRACT WITH THE CITY OF SAN JOSE FOR THREE YEARS AT A FLAT FEE. MOTION PASSED 4-0-1 WITH BOGOSIAN ABSENT. 7. CITY COUNCIL POLICES STAFF RECOMMENDATION: Adopt resolution TITLE OF RESOLUTION: 04-007 Cathleen Boyer, City Clerk, presented staff report. City Clerk Boyer stated that at the City Council Retreat on February 1, 2003 staff was directed to begin the process of drafting a City Council Policy document. Councilmember Kline and Councilmember Bogosian were both appointed to the AdHoc Committee to work with staff to prepare this document City Clerk Boyer eXplained that the Council Subcommittee presented a draft Policy to the City Council on December 17, 2004. At that meeting the Council discussed the Policy and gave direction back to the Subcommittee for corrections and/or clarification to the Policy. City Clerk Boyer noted that the attached Policy included Council direction from December 17th. Council discussion in regards to Section 4b. Council directed staffto reflect the current practices ofthe seating arrangement in the policies. STREIT/KLINE MOVED TO ADOPT RESOLUTION APPROVING THE CITY COUNCIL POLICIES AS AMENDED. MOTION PASSED 4-0-1 WITH BOGOSIAN ABSENT. NEW BUSINESS 8. ADOPT REVISED NEIGHBORHOOD TRAFFIC MANAGEMENT PROGRAM (NTMP) STAFF RECOMMENDATION: Approve revised NTMP and adopt document. Lorie Tinfow, Assistant City Manager, presented staff report. Assistant City Manager Tinfow stated that the first version of the Neighborhood Traffic Management Program (NTMP) was developed by a consultant and adopted by the City Council in August 2001. Since that time Staff and the Public Safety 10 Commission have worked with one neighborhood through the process. Traffic calming devices were installed in their neighborhood in March 2003 and a follow up meeting with area residents was held in December 2003. Assistant City Manager Tinfow stated that the residents are very pleased with the outcome on the NTMP, and report significant reduction in both vehicle speeds and, in the most cases, vehicle volume on their street. e Assistant City Manager Tinfow explained that in working through the process described in the August 2003 document, staff discovered the document contained conflicting information and that the process needed modification to work in some instances. Assistant City Manager Tinfow highlighted significant changes in the document: · Changing the process from two phases to three phases · Phase I now includes a petition signing, traffic data collection and the initial community meeting · Phase II now includes the assignment of a Public Safety Commission to work though the process with staff and the neighborhood · The document has been reformatted to be clearer · Conflicting information has been removed or clarified · The flow chart is no longer included in the document Assistant City Manager Tinfow noted that on January 8,2003 the Public Safety Commission approved the document. KING/STREIT MOVED TO APPROVE REVISED NTMP AND ADOPT DOCUMENT. MOTION PASSED 4-0-1 WITH BOGOSIAN ABSENT. . 9. DISCUSSION OF PARK USER AGREEMENTS STAFF RECOMMENDATION: Accept report and direct staff accordingly. Jolm Cherbone, Public Works Director, presented staffreport. Director Cherbone explained that currently the City has executed User Agreements with three organized youth sports groups: A YSO, Saratoga Little League, and Saratoga Pony League. Director Cherbone stated that these User Agreements were developed specifically for the use of Congress Springs Park. The agreements have been very successful in promoting the safe and equitable use of the park and staff would like to develop a generic use agreement that can be executed at any City park based on the successful Congress Springs model. Director Cherbone noted that presently there are sports user groups using City parks without the appropriate mechanisms in place to manage their use. Groups such as CYSA and EI Quito Little League use the same process for reserving a park that one uses to rent a barbeque area for the afternoon. The same is true for A YSO or Saratoga Little League when they want to use another park. . 11 e . . Director Cherbone explained that User Agreements would benefit the City and the user group by putting in writing the maintenance responsibility of each party, restrictions on the use of the park, and the dated and times during the year they have rights of use. Director Cherbone explained the current maintenance fee and use fee and noted that there were some holes in the fee arrangement in connection to turf use. In conclusion, Director Cherbone stated that staff requests that City Council direct staffto work with the Parks and Recreation Commission on the following issues: 1) Develop a User Agreement based on the Congress Springs model, which the City can execute at the other City parks when appropriate. 2) Analyze the adopted fee schedule as it relates to parks usage and bring back recommendations to Council in conjunction with the FY 04/05 budget. Councilmember Kline asked if other cities charged use and maintenance fees. Director Cherbone noted that he doesn't think other cities charge both fees. Councilmember Streit noted that currently the City doesn't have any recourse if a group destroys one of the fields. The agreements the City have at Congress Springs Park state that ifthey ruin the turfthey have to replace it. Councilmember Streit stated that all of the groups support a citywide agreement. Councilmember Streit suggested directing the Parks and Recreation Commission to restructure the fee schedule for the large user groups based on a maintenance schedule put together by City staff In order to avoid amending the City Code, which speaks of groups of25 or more making no distinction between an organized group and a non-organized group, City Attorney Taylor stated that the City state that the use fee is based on maintenance costs. Consensus of the City Council to direct staff to: · Prepare maintenance fees · Prepare master User Agreement · Present fee proposal to Parks and Recreation Commission · Report back to the City Council by March 2004 COMMISSION ASSIGNMENTS Mayor Waltonsmith reported the following information: Finance Commission - recently met and discussed possible educational tools to use to inform the citizens of Saratoga about the current budget issues. Vice Mayor King reported the following information: Arts Commission - new art display in the library. 12 Norton Road Fire Access Ad-Hoc Committee - City Manager Anderson recently met with the Board President. Vice Mayor King requested that only the lead Councilmember on the Ad-Hoc committees be displayed on the list. e Councilmember Kline reported the fonowing information: Vinage Ad-Hoc Committee - King and Kline would be touring the City of Morgan Hill's redevelopment projects. Item on Council retreat agenda on January 24th. Councilmember Streit reported the fonowing information: Citv/School Ad-Hoc Committee - recently met with the Santa Clara County School's Superintendent. Vision for Saratoga Ad-Hoc - participants have been appointed and the process win start soon. CITY COUNCIL ITEMS Councilmember Kline reported that he recently did a commercial on Comcast educating the community in regards to the importance of Measure B passing on March 2, 2004. Vice Mayor Waltonsmith requested that the Council contact Secretary to the City Manager, Ann Sullivan, with spring/summer vacation schedules. OTHER . None CITY MANAGER'S REPORT None ADJOURNMENT There being no further business, Mayor Waltonsmith adjourned the meeting at 10:30 p.m. Respectfuny submitted, Cathleen Boyer, CMC City Clerk . 13 · · · SARATOGA CITY COUNCIL MEETING DATE: March 3, 2004 AGENDA ITEM: ORIGINATING DEPT: City Manager's Office CITY MANAGER: DEPT HEAD: PREPARED BY: 2f) .c ........:/ ¿:;?/ SUBJECT: City Council Minutes RECOMMENDED ACTION: Approve minutes. REPORT SUMMARY: Approve minutes as submitted for the following City Council Meeting: Regular Meeting - February 4,2004 FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: Retain minutes for legislative history. ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: Attachment A - Minutes February 4, 2004 MINUTES SARATOGA CITY COUNCIL FEBRUARY 4, 2004 . The City Council of the City of Saratoga held a Joint Session with the Arts Commission in the Administrative Conference Room, 13777 Fruitvale Avenue, at 5:30 p.m. The following Arts Commissioners were present: Chair Tracy Halgren, Geetanjali Arunkumar, Mary Lou Henderson, Betty Peck, and Staffliaison Kim Saxton-Heinrichs. Chair Halgren provided a year-end report highlighting the Arts Commission's accomplishments and future projects. Chair Halgren stated that on Friday the Commission would start reviewing the 30 applications from artists who are interesting in displaying their art on the Art Wall in the Saratoga Library. The Art Wall would change bi-monthly. Chair Halgren stated that the Art Wall would feature an individual artist or in some cases a group of artists. The Art Wall would also feature different medians, special events, and local artist or high school students. Chair Halgren noted future projects might include a "Mascot" fundraiser (ex. City of San Jose auctioned sharks and the Town of Los Gatos auctioned cats) and continued efforts in the selection of art for the Gateway Project. Council direction to the Arts Commission is to continue working with Director Cherbone on the Gateway Project. Councilmember Kline asked what events and or projects take most of their time. . Chair Halgren responded that in 2003 the Commission focused on Art in the Park and the opening ofthe Saratoga Library. A discussion took place amongst the Council in regards to Art in the Park. The City Council supports the event but feels that the Arts Commission should find another organization to sponsor the event - non-profit organizations tend to attract other sponsors. The Friends ofthe Saratoga Library was suggested as a sponsor. Mayor Waltonsmith thanked Arts Commission for attending tonight's Joint Session. The City Council met in Closed Session in the Administrative Conference Room, 13777 Fruitvale Avenue, at 6:30 p.m. ADJOURNED TO CLOSED SESSION - 6:30 P.M. Conference with Legal Counsel - Threatened Litigation: Significant exposure to litigation pursuant to Government Code section 54956.9(b): (1 potential case) Conference with Legal Counsel- Existing Litigation: (Government Code section 54956.9(a» Name of case: Jackson v. Saratoga Union High School District (No. CV803595) . Conference with Legal Counsel- Initiation of Litigation (Gov't Code Section 54956.9(c): (2 potential cases) . . . Conference with Labor Negotiators (Gov't Code 54957.6): Agency designated representatives: Lorie Tinfow, Assistant City Manager & John Cherbone, Pubic Works Director Employee organization: SEA Conference with Labor Negotiators (Gov't Code 54957.6): Agency designated representatives: Joan Pisani, Recreation Director Employee organization: SMO MAYOR'S REPORT ON CLOSED SESSION -7:00 p.m. Mayor Waltonsmith reported there was Council discussion but no action was taken. Mayor Waltonsmith 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, Norman Kline, Nick Streit, Vice Mayor Kathleen King, Mayor Ann Waltonsmith ABSENT: ALSO PRESENT: None Dave Anderson, City Manager Lorie Tinfow, Assistant City Manager Richard Taylor, City Attorney Cathleen Boyer, City Clerk Danielle Surdin, Administrative Analyst Jesse Baloca, Administrative Services Director Tom Sullivan, Community Development Director John Cherbone, Public Works Director Cary Bloomquist, Administrative Analyst REPORT OF CITY CLERK ON POSTING OF AGENDA FOR FEBRUARY 4, 2004 Cathleen Boyer, City Clerk, reported that pursuant to Government Code Section 54954.2, the agenda for the meeting of February 4,2004 was properly posted on January 30,2004. COMMUNICATIONS FORM COMMISSIONS & PUBLIC ORAL COMMUNICATIONS John Linger noted that he was present tonight representing the Saratoga Drama Group and West Valley Light Opera. Mr. Linger stated that it has come to their attention that the City has started installing a fire alarm system in the theater without consulting with either group on design issues. Mr. Linger requested that the work be stopped until some of their recommendations could be implemented. 2 City Manager Anderson responded that the work has been stopped and a meeting has been scheduled for 10:30 a.m. on February 5, 200; all parties involved are invited. . John Hirokawa, Santa Clara County Sheriff Department, briefed the City Council on the recent events that took place at Saratoga High School. Captain Hirokawa stated that on the evening of January 16th the student was arrested. Captain Hirokawa eXplained that the Sheriff s Department evaluated the situation and based on the information they had at the time made the determination that that child could be released to his parents without any threat to the community. The student was arrested for burglary and possession of chemicals with the intent to construct an explosive device. Captain Hirokawa noted that neither the community nor the school is in danger. Mayor Waltonsmith thanked Captain Hirokawa for the report. COMMUNICATIONS FROM COMMISSIONS Tracy Halgren, ChairlArts Commission briefly described the Arts Commission's accomplishments of 2003 and future projects. Mitch Kane, Chair/Public Safety Commission (PSC) presented the City Council with a report concerning the Emergency Preparedness Study. Chair Kane stated that emergency preparedness has always been an area of oversight due to staff turnover, rotating City Council and City administrators and budget constraints. Chair Kane pointed out the things that the City is doing well such as: · The City Emergency Preparedness Plan was last updated in 1999 · The County is currently reviewing and revising the Plan · CERT program initiated · Developed staff training pJan for 2004 . Chair Kane stated that the PSC is recommending that the City do the following: · Become SEMs compliant · Establish a self-substantial EP organization · Demonstrate emergency preparedness as an "above the line priority" · Integrate a knowledgeableltrained community into City's structure Lorie Tinfow, Assistant City Manager, responded to the PSC report. Assistant City Manager Tinfow stated that in response to the City becoming SEMS complaint the City would be sending three directors to a week-long County sponsored emergency management training in March. In response to the lapse in attention to the program, Assistant City Manager Tinfow pointed out that this was partly due to the departure of the staff person, in July 2002, who was responsible for the program. Assistant City Manager Tinfow noted that the following spring, City Manager Anderson began discussions with County Fire to identify ways they could help fill the gap. County Fire offered to provide the folJowing assistance: · Coordinate the EOC exercise · Plan and implement two training sessions · Review and update the Emergency Management Plan (repeat review every couple of years) · Provide telephone consultations as needed 3 . . . . In response to establishing a self-sustainable Emergency Preparedness organization, Assistant City Manager Tinfow stated that every City's municipal code is required to designate a Disaster Council. In most Cities, including Saratoga, the Disaster Council is the City Council and is headed by the Mayor or his/her Council designee. The Council is not activated unless a disaster occurs. Assistant City Manager Tinfow stated that if Council wishes to formally activate the Disaster Council and assign one Council member to chair the group, staff believes that an annual meeting of public safety providers, representatives from the PSC and the City's Emergency Services Coordinator to review the City's emergency preparedness actions would be sufficient to accomplish the goals outlined in the PSC's report. In response to the request by the PSC to make emergency preparedness an "above the line priority", Assistant City Manager Tinfow stated that the City now has a staff person designated as the Emergency Services Coordinator. This person is now responsible for attending County-wide meetings and making sure training is performed. In response to the last request made by the PSC to integrate a trained community into emergency response structure, Assistant City Manager Tinfow stated that the CERT program focuses on training for residents to assist each other on a neighborhood level. Vice Mayor King suggested that the School AdHoc Committee could help within the schools to educate citizens in the event of an emergency. Councilmember Bogosian stated that the City needs a commitment to long-term management resources to emergency preparedness. Councilmember Bogosian stated that every time the City reorganizes the responsibilities for emergency preparedness gets shuffled around. The City needs to establish the credibility; the City needs to have consistency. Consensus of the City Council to direct staffto form a Disaster Council. WRITTEN COMMUNICATIONS None COUNCIL DIRECTION TO STAFF None ANNOUNCEMENTS None CEREMONIAL ITEMS 1. PROCLAMATION - DECLARING THE MONTH OF FEBRUARY 2004 AS SILICON VALLEY READS MONTH STAFF RECOMMENDATION: Read proclamation. 4 Mayor Waltonsmith read proclamation and presented it to Betsy Weiss and Tat Blesch. . Ms. Weiss noted that the Silicon Valley Reads is a community building activity where people of all ages and races come together to discuss a book that has relevant issue for our time. Ms. Weiss stated that on Monday, February 9, 2004 at 7:30 pm. Fahrenheit 451 would be discussed in the Library's Community Room. Ms. Blesch noted that she was a present this evening to ask the community to support Measure B, which would affirm the County's libraries operational expenses. Ms. Blesch explained that Measure B would increase the current assessed tax from $33.66 to $42 per year. SPECIAL PRESENTATIONS None CONSENT CALENDAR 2A. APPROVAL OF CITY COUNCIL MINUTES - JANUARY 7, 2004 STAFF RECOMMENDATION: Approve minutes. Councilmember Bogosian requested that item 2A be removed from the Consent Calendar. . Councilmember Bogosian requested that the City Clerk review the tape and add more Council discussion on page 12 following Mr. Geddes's comments. Consensus ofthe Council to being this item back for approval on March 3, 2004. 2B. APPROVAL OF CITY COUNCIL MINUTES - JANUARY 24, 2004 STAFF RECOMMENDATION: Approve minutes. Councilmember Bogosian requested that item 2B be removed from the Consent Calendar. Councilmember Bogosian noted that under the LAFCO item Council direction did not include the following points and asked that they be deleted: . Work towards a single system to cover all of Saratoga . Involve the Saratoga Fire Protection District in the process KLINE/KING MOVED TO APPROVE CITY COUNCIL MINUTES AS AMENDED FROM JANUARY 24, 2004. MOTION PASSED 5-0. . 5 2C. REVIEW OF CHECK REGISTER STAFF RECOMMENDATION: e Approve check register. KLINE/KING MOVED TO APPROVE CHECK REGISTER. MOTION PASSED 5-0. 2D. PLANNING ACTION MINUTES - JANUARY 25, 2004 STAFF RECOMMENDATION: Note and file. KLINE/KING MOVED TO NOTE AND FILE PLANNING ACTION MINUTES OF JANUARY 25. 2004. MOTION PASSED 5-0. 2E ANNUAL APPROVAL OF THE CITY OF SARA TOGA'S INVESTMENT POLICY STAFF RECOMMENDATION: Approve the City's Investment Policy. KLINE/KING MOVED TO APPROVE THE CITY'S INVESTMENT POLICY. MOTION PASSED 5-0. 2F. FISCAL YEAR 2004-05 BUDGET DEVELOPMENT PROCESS e STAFF RECOMMENDATION: Note and file. Mayor Waltonsmith requested that item 2F be removed from the Consent Calendar. Mayor Waltonsmith requested that the Commission's be incorporated into the budget process. KING/BOGOSIAN MOVE TO NOTE AND FILE THE BUDGET DEVELOPMENT PROCESS. MOTION PASSED 5-0. 2G. 1ST AMENDMENT TO THE CAL-ID AGREEMENT STAFF RECOMMENDATION: Authorize City Manager to sign amendment to existing agreement. KLINE/KING MOVED TO AUTHORIZE CITY MANAGER TO SIGN AMENDMENT TO EXISTING AGREEMENT. MOTION PASSED 5-0. 2H. LETTER OF OPPOSITION TO SB 744 (DUNN) e STAFF RECOMMENDATION: Authorize a letter of opposition to SB 744 (Dunn). 6 KLINE/KING MOVED TO AUTHORIZE A LETTER OF OPPOSITION TO SB 744 (DUNN). MOTION PASSED 5-0. 21. BROOKGLEN, EL QUITO AND WILDWOOD PARKS: PLAYGROUND e EQUIPMENT UPGRADE PROJECT - AWARD OF CONTRACT STAFF RECOMMENDATION: Declare Playgrounds Un1imited the lowest bidder; award construction contract to Playgrounds Unlimited; authorize staff to execute change orders up to $5,000; approve increase of$138,000 to existing contract with George Bianchi Construction. KLINE/KING MOVED TO DECLARE PLAYGROUNDS UNLIMITED THE LOWEST BIDDER; AWARD CONSTRUCTION CONTRACT TO PLAYGROUNDS UNLIMITED: AUTHORIZE STAFF TO EXECUTE CHANGE ORDERS UP TO $5,000; APPROVE INCREASE OF $138,000 TO EXISTING CONTRACT WITH GEORGE BIANCHI CONSTRUCTION. MOTION PASSED 5-0. 21. LANDSCAPING & LIGHTING ASSESSMENT DISTRICT LLA-l: RESOLUTION INITIATING RENEWAL OF THE DISTRICT FOR FY 04- 05 STAFF RECOMMENDATION: Adopt resolutions. TITLE OF RESOLUTIONS: 04-008,009 e KLINE/KING MOVED TO ADOPT RESOLUTION DESCRIBING IMPROVEMENTS AND DIRECTING PREP ARA TlON OF ENGINEER'S REPORT FOR FISCAL YEAR 04-05. MOTION PASSED 5-0. KLINE/KING MOVED TO ADOPT RESOLUTION APPOINTING ATTORNEY'S FOR FISCAL YEAR 04-05. MOTION PASSED 5-0. 2K. RESOLUTION OF INTENTION TO ANNEX PROPERTIES INTO LANDSCAPING & LIGHTING ASSESSMENT DISTRICT FOR FY 04-05 (SARATOGA-SUNNYVALE ROAD "GATEWAY") STAFF RECOMMENDATION: Adopt resolution. TITLE OF RESOLUTION: 04-010 KLINE/K.ING MOVED TO ADOPT RESOLUTION DESCRIBING IMPROVEMENTS AND DIRECTING PREPARATION OF ENGINEER'S REPORT FOR FISCAL YEAR 04-05. MOTION PASSED 5-0. e 7 2L. VALLEY TRANSPORTATION PLAN 2030 (VTP 2030) - LOCAL STREETS AND ROADS PROGRAM STAFF RECOMMENDATION: e Adopt resolution. TITLE OF RESOLUTION: 04-011 KLINE/KING MOVED TO ADOPT RESOLUTION ESTABLISHING A PROJECT PRIORITY LIST IN CONNECTION TO THE VALLEY TRANSPORTATION PLAN 2030 - LOCAL STREETS AND ROADS PROGRAM. MOTION PASSED 5-0. 2M. RESOLUTION SUPPORTING A STATEWIDE BALLOT INITIATIVE TO REQUIRE VOTER APPROVAL BEFORE STATE GOVERNMENT MAY TAKE LOCAL TAX FUNDS STAFF RECOMMENDATION: Adopt resolution. TITLE OF RESOLUTION: 04-012 KLINE/KING MOVED TO ADOPT RESOLUTION SUPPORTING A STATEWIDE BALLOT INITIATIVE TO REOUIRE VOTER APPROVAL BEFORE STATE GOVERNMENT MAY TAKE LOCAL TAX FUNDS. MOTION PASSED 5-0. e PUBLIC HEARINGS 3. 2001-2006 CAPITAL IMPROVEMENT PLAN (CIP) FY 03-04 UPDATE- ADOPTION OF NEW CIP PROJECTS AND FUNDING APPROPRIATIONS STAFF RECOMMENDATION: Adopt resolutions. TITLE OF RESOLUTION: 04-13,14,15,16 John Cherbone, Public Works Director, presented staff report. Director Cherbone explained what each resolution would accomplish. Director Cherbone stated that the City Council Retreat held on January 24'\ Council directed staff to perform an analysis of the CIP to attain $200,000 in funding to be used for investigating the establishing of a City Redevelopment Agency. . 8 Director Cherbone noted that staff recommends that reductions be made to the following CIP Projects: · Saratoga-Sunnyvale Gateway Project · Village Streetscape Improvements · El Quito Area Curb & Gutter Improvements $100,000 $50,000 $50,000 $200,000 . Director Cherbone noted that the funding recommendations were based in the physical connection of each of the CIP projects to the City's three main commercial areas, namely the Gateway Commercial Zone, the Village Commercial Zone and the EI Quito Commercial Zone. It is assumed that if a City Redevelopment Agency were formed these areas would receive benefits. Director Cherbone briefly explained that changes to the five-year CIP as approved by Council in the FY 03-04 CIP Update. Councilmember Kline stated that he recommends that if the RDA does not go forward any remaining money be reallocated back to the original projects that the funds came from. Mayor Waltonsmith opened the public hearing and invited public comments. Seeing none, Mayor Waltonsmith closed the public hearing. Councilmember Bogosian noted that he appreciates Director Cherbone's methodology, however the RDA is not a sure thing. Councilmember Bogosian stated that the Gateway renovation was promised to the community and doesn't support money being taken away from the project. Councilmember Bogosian stated that money should be taken from the Aloha A venue and Fellowship Hall CIP projects. e STREIT/KING MOVED TO ADOPT RESOLUTION AMENDING 2001-2006 CIP BUDGET REFLECTING COUNCIL DIRECTION FROM THE JANUARY 7, 2004 CITY COUNCIL MEETING.. MOTION PASSED 4-1 WITH BOGOSIAN OPPOSING. STREIT/KING MOVED TO ADOPT RESOLUTION AMENDING THE FY 03-04 BUDGET TO INVESTIGATE THE ESTABLISHMENT OF A CITY REDEVELOPMENT AGENCY. MOTION PASSED 4-1 WITH BOGOSIAN OPPOSING. STREIT/KING MOVED TO ADOPT RESOLUTION APPROVING THE 2001-2006 CIP PLAN FY 02-03 UPDATE. MOTION PASSED 5-0. STREIT/KING MOVED TO ADOPT RESOLUTION AMENDING THE FY 03-04 BUDGET ESTABLISHING FUNDING FOR PROJECTS APPROVED IN THE 2001-2006 CIP PLAN FY 03-04 UPDATE. MOTION PASSED 5-0. . 9 . e . OLD BUSINESS 4. STATE BUDGET UPDATE STAFF RECOMMENDATION: Accept report and direct staff accordingly. Jesse Baloca, Administrative Services Director, presented staff report. Director Ba]oca explained the current budget scenario as foUows: . The City would lose approximately $576k of its current year VLF revenue stream, which is considered a backfill gap to be repaid in 2006 . $156k is permanently Joss beginning in FY 04-05 in property taxes as a result ofthe Governor's proposed expansion ofthe ERAF shift ofloca] property taxes to support schoo] funding Director Baloca explained Proposition 567 stating that it is a one-time $15 billion Economic Recovery Bond to refinance past budget deficits via a '/; cent triple-flip. Furthermore, Director Baloca explained that Proposition 58 requires future balanced budgets, prohibits future bond financing of any deficit, and creates a rainy day reserve to assist with future economic downturns and/or to make an early payoff on outstanding bond obligations. $3 billion ofthe $15 billion bond proposal is to be used to help close next year's spending gap. Director Baloca stated that the loss of Proposition 57 would plunge the State into fiscal crisis and there appears to be no faUback position ifthe bond fails. Mayor Waltonsmith thanked Director Baloca for his report. NEW BUSINESS 5. REQUEST FOR FUNDING BY SARATOGA - MONTE SERENO COMMUNITY FOUNDATION STAFF RECOMMENDATION: Accept report and direct staff accordingly. TITLE OF RESOLUTION: 04-017 Lorie Tinfow, Assistant City Manager, presented staffreport. Assistant City Manager Tinfow explained the background of the Saratoga-Monte Sereno Community Foundation. Assistant City Manager Tinfow reported that in August 2003 two community members met with two Council volunteers to discuss if and how members of the community could step up and start the Foundation. 10 Assistant City Manager Tinfow explained that the group developed a vision and a mission statement and are now ready to begin assembling a Board to formally incorporate. Funding is needed for these steps and they are making a request for $25,000 to pay for start up costs and/or as matching funds to attract additional contributions. . Councilmember Streit asked ifthe City of Monte Sereno were going to contribute any funds. Assistant City Manager Tinfow responded that the representatives from Monte Servo were going to present this item at their next Council meeting. Due to the City's economic uncertainty, Councilmember Streit suggested that the $25,000 be split between this fiscal year and the next. STREIT/KING MOVED TO ADOPT AMENDED RESOLUTION AMENDING THE 2003-2004 BUDGET FOR AN APPROPRIATION OF FUNDS TO BE ALLOCATED TO START THE SARATOGA-MONTE SERENO COMMUNITY FOUNDATION IN THE AMOUNT OF $12.500. MOTION PASSED 5-0. 6. CODE ENFORCEMENT POLICY AND MEDIATION OF DISPUTES STAFF RECOMMENDATION: Adopt resolution. TITLE OF RESOLUTION: 04-018 e Richard Taylor, City Attorney, presented staff report. City Attorney Taylor explained that in 2003 the City Council requested staffto prepare for Council consideration a formal statement of the City's code enforcement policies and to include in those policies provisions designed to encourage mediation of neighborhood disputes. City Attorney Taylor noted that the attached resolution would formalize the City's existing code enforcement practice but would modify that practice to require mediation of code enforcement complaints, which the Code Enforcement Officer determines do not involve immediate threats to public health or safety or otherwise require immediate action. City Attorney Taylor noted that staff expects that most mediation would be conducted by the County of Santa Clara Mediation Service. The Service is a Santa Clara County program operated under the auspices of the County Human Relations Commission. City Attorney Taylor described the services provided by the Santa Clara Mediation Service City Attorney Taylor stated that if the number of matters is low, there might be no charge to the City. In the event there is a charge for services in excess of$5,000 staff will return to Council for authorization. . 11 e e . KING/BOGOSIAN MOVED TO ADOPT RESOLUTION ESTABLISHING A CODE ENFORCEMENT POLICY. MOTION PASSED 5-0. 7. DISCUSSIONIEXPECTATlONS/BUDGET FOR URBAN FORESTRY PLAN ST AFF RECOMMENDATION: Accept report and direct staff accordingly. Tom Sullivan, Community Development Director, presented staff report. Director Sullivan stated that one of the products of the new Tree Ordinance was the desire of the Council to move forward of an Urban Forestry Plan. Director Sullivan explained that the old and the newly revised Tree Ordinance referenced as one of the criteria "Good Forestry Practices" but does not provide a definition. In trying to fulfill Council desires, Director Sullivan stated that during his research this type of forestry plan was most popular on the east coast than around here. Director Sullivan explained the steps of how to create an Urban Forestry Plan for the City as follows: I) Vision and Goals 2) Identify Management Areas 3) Inventory and Assessment 4) Data Summary 5) Identify Benchmarks 6) Data Comparison 7) Involve Community Residents 8) Community Development Director Sullivan stated that the steps would generate an Urban Forestry Plan that would be representative of the love of trees often expressed at both CounciJ and Planning meetings. An Urban Forestry Plan is only successful if the community supports it. Ifthe Council would like to move forward with this item, Director Sullivan suggested that a community task force be formed representing all parts of the community. Councilmember Kline asked how much staff time would this project take to complete. Director Sullivan responded that it would take 25% one staff person for 1-2 years. CounciJmember Streit asked what priorities would be postponed if this became a priority. Director Sullivan responded that General Plan Amendments and the staffliaison to the Heritage Preservation Commission would have to be postponed. 12 Mayor Waltonsmith stated that she is meeting with the new President of West Valley College and would bring this issue up and see if there is any interest in helping the City. Discussion took place in regards to other priorities of the Community Development Department. . Consensus ofthe City Council to table this item until the Fall. Councilmember Bogosian stated that he would be willing to serve on the task force. Vice Mayor King suggested waiting until some of the current AdHoc Commiitees are finished. Consensus of the City Council to table this item until the Fall. 8. DEANZAlPG&E TRAIL FUNDING AGREEMENTS ST AFF RECOMMENDATION: Authorize City Manager to execute Agreement with Anonymous Donor for donation of funds for planning and possible acquisition and development ofthe DeAnza Trail; Authorize City Manager to execute VT A Funding Agreement. Cary Bloomquist, Administrative Analyst, presented staff report. Analyst Bloomquist stated that at the December 3'd City Council meeting staff was directed to move ahead with the process of developing a pedestrian/cycling trail on PG&E right-of-way lands running parallel to the railroad tracks between Saratoga and Saratoga-Sunnyvale Avenue. Council specifically requested staff to develop funding agreements with the VTA and Anonymous Donor for the purposes of procuring funding for the public trail project. . Analyst Bloomquist briefly explained the contents of each agreement. Greg Gates stated that he supports the trail. In regards to the two agreements both mentioning "naming" of the trail, City Attorney Taylor stated that VT A only wants a sign during construction pointing out "Your Tax Dollars At Work", while the donor requested the plaques and a specific trail name. KING/STREIT MOVED TO AUTHORIZE CITY MANAGER TO EXECUTE AGREEMENT WITH ANONYMOUS DONOR FOR DONATION OF FUNDS FOR PLANNING AND POSSIBLE ACOUlSITlON AND DEVELOPMENT OF THE DEANZA TRAIL. MOTION PASSED 5-0. KING/STREIT MOVED TO AUTHORIZE CITY MANAGER TO EXECUTE VTA FUNDING AGREEMENT. MOTION PASSED 5-0. . 13 · · · 9. LAFCO SERVICE REVIEW - BOUNDARY DROP RESOLUTION STAFF RECOMMENDATION: Adopt resolution. TITLE OF RESOLUTION: 04-019 Dave Anderson, City Manager, presented staff report. City Manager Anderson explained that the draft countywide Fire Protection Service Review report was issued on November 18, 2003. City Manger Anderson briefly described the purpose of the report noting that the report included all fire service agencies in the County incJuding seven city fire departments and four fire protection districts. City Manager Anderson noted that the City Council solicited community input on the report at the January 7, 2004 Council meeting. The City Council members discussed the issue and adopted a statement to be sent to LAFCO representing the City Council consensus on the issue City Manager Anderson pointed out that at the Council retreat, held on January 24th, the LAFCO Fire Service Review was agendized and discussed. After an in depth discussion a majority of Councilmembers preferred to strengthen the Boundary Drop, making it permanent. City Manager Anderson noted that a resolution in support of a long term Boundary Drop is attached to this report. Vice Mayor King requested that in the 8th Paragraph the word "preferred" be changed to "required". Discussion took place in regards to Mayor W altonsmith' s suggested changes to the resolution. Consensus of the City Council to make the following changes to the 8th paragraph of the resolution as follows: "Whereas, a majority of Council members strongly urge the parties to strengthen the Boundary Drop, making it permanent, until at least 2016 if the two districts remain separate entities." BOGOSIAN/KLINE MOVED TO ADOPT RESOLUTION AS AMENDED SUPPORTING A PERMANENT BOUNDARY DROP AGREEMENT. MOTION PASSED 5-0. AGENCY ASSIGNMENTS Mayor Ann Waltonsmith reported the following information: Santa Clara County Cities Association - a Finance Representative from the State of California spoke at the last meeting. Saratoga Historic Foundation - recently held a retreat to focus on outreach and fundraising efforts. 14 Sister City Liaison - August 12,2004 the students from Muko, Japan would be at City Hall for their annual visit. . Vice Mayor Kathleen KinKreported the following information: Chamber of Commerce - City Council Ad Hoc Committee recently met with the Chamber to discuss Celebrate Saratoga. Chamber would like to continue the relationship with City. Countv Cities Association Legislative Task Force - appointed a new Chairperson. SASCC Liaison - discussed the age of participants. Vallev Transportation Authority PAC - no quorum at the PAC meeting. At a recent Board meeting the rates were raised. Councilmember Kline no reportable information. Councilmember Stan Bogosian reported the following information: Countv HCD Policy Committee - reviewing applications for the annual distribution of funds. Emergencv Planning Council- discussed funds received from the Federal government for anti-terrorism. Councilmember Nick Streit reported the following information: Santa Clara Countv Vallev Water Commission - continued discussions in regards to the discrepancy of rates between the north county and south county cities. Actively lobbying the House and Senate in an effort to avoid the taking of $9 billion dollars in reserves from water districts around the state. . CITY COUNCIL ITEMS Referring to a resolution the City Council passed supporting the reorganization of the VT A, Councilmember Kline asked if Joe Pirzynski, who is the Vice Chair ofthe VTA Board, could be invited to a future City Council meeting to provide a status report on the Issue. OTHER None CITY MANAGER'S REPORT None e 15 e ADJOURNMENT Mayor Waltonsmith adjourned the meeting at 9:45 p.m. to the Administrative Conference Room to continue Closed Session. Mayor Waltonsmith adjourned Closed Session at 10:00 p.m. and reported that the Council authorized the City Attorney to join as a plaintiff in the case of Cerritos v. State of California challenging state legislation reducing local government's share oflocal sales tax revenues There being no further business, Mayor Waltonsmith adjourned the meeting at 10:05 p.m. Respectfully submitted, Cathleen Boyer, CMC City Clerk e e 16 . . . SARA TOGA CITY COUNCIL l\) MEETING DATE: March 3, 2004 AGENDA ITEM: ORIGINATING DEPT: Administrative Services CITY MANAGER: ¿7~~ PREPARED BY: Jaye Tkac¡qí DEPT H~ SUBJECT: Check Registers: 2/11/04 and 2/25/04 RECOMMENDED ACTION(S): Approve the Check Registers. REPORT SUMMARY: Attached are the Check Registers. FISCAL IMP ACTS: None CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): None ALTERNATIVE ACTION(S): None FOLLOW UP ACTION(S): None ADVERTISING, NOTICING AND PUBLIC CONTACT: None ATTACHMENTS: Check Registers Certification. Fund# Fund Name Date Manual Void 2/25/2004 Checks Checks AP CHECKS A95660-95768 1 GENERAL 60,112.66 50,014.45 100 COPS-SLESF 110 Traffic Safety 551.60 150 Streets & Roads 17.803.84 180 LLA Districts 7,921.98 250 Dev Services 9,881.68 260 Environmental 4,618.93 270 Housing & Comm 290 Recreation 17,240.14 291 Teen Services 90.50 292 Facility Ops 700.00 293 Theatre Surcharge 310 Park Develpmt 320 Library Expansion 351 Public Safety 1,400.00 352 Infrastructure 353 Facility 354 Park and Trail 5,417.41 400 Library Debt 420 Leonard Creek 2.250.00 720 Cable 1V 740 PD#3 6.200.00 800 Deposit Agency 35.00 Subtotal 125,773.74 58,464.45 PAYROLL CHECKS: B29745-29775 TOTAL ¡rrepared by: ~ Date: c2-:26-oL/ ck~C .,. rpproved by: Apr-99 . e " o " P w w ~ " o " " o z " " " w W 0 0 tJ)....O"'NC> M N N 0 0 0 0 m m ~q~ N 0 0 0 0 qN ~ ~ ~ 0 0 0'\<11"'0\0"" q ~ ro W W 0 0 N N 000 " 0 0 0 0 ~ro Pf-o f-oZ M M m m q ....NO\MN . N N " " W w W W 000 0 0 0 0 0 "m ~O m m ro ro N N W M M m m c, M N N q.. 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Orl ON Fund# Fund Name Date Manual Void 2/11/2004 Checks Checks AP CHECKS A95517-95659 1 GENERAL 319,073.43 4.912.95 100 COPS-SLESF 110 Traffic Safety 441.28 150 Streets & Roads 29,191.96 180 LLA Districts 8.296.99 250 Dev Services 16.587.15 260 Environmental 270 Housing & Comm 3,037.91 290 Recreation 8,931.69 291 Teen Services 157.33 292 Facility Ops 400.00 293 Theatre Surcharge 310 Park Develpmt 320 library Expansion 2,420.69 351 Public Safety 2,582.69 352 Infrastructure 144.756.70 353 Facility 354 Park and Trail 7,464.30 400 library Debt 420 Leonard Creek 720 Cable TV 740 PD#3 800 Deposit Agency Subtotal 543,342.12 4.91295 PAYROlL CHECKS: 829718-29744 TOTAL ":¥r Date: TIU<.L ,7,-/),.011 rpproved by: Apr-99 . e 0 N N ~ ~ 0 ~ ~ ~ , 0 W N N ~ ~ w :'i ~ ~ ~ ~ ~ ~ M M 0 6 < · Z " ~ 0 00 C C ~ 0 0 W ~ 0 0 0 0 ~ 0 W ~ 0 0 ~N N ~W W , ~ ~ ~ " W W 0 0 0 0 0 0 ~ ~ 0 0 N N 0 0 ~m m ~W W 0 C 0 0 0" , ~ "Z W W . . ~ ~ N N W W 0 0 ~ 0 0 mM M m~ ~ W W 0 C ~O ~ M , 0 ~ , 0 0 ~ , ~ M ~ . 0 0 0 0 m m W W ~ . 00 0 0 ~ . ~ ~ 0 0 ~ ~ W ~ z~ 0< ~ . # # X 0 X X U U 0 w ~ ~ U U 0 , , ~ ~ ~ . 0 0 ~ U 0 0 0 U M , ~ 0 ~ ;; # # ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ < < < " < ¡'; " < " < " < < < < " " " S i': b w " " 0 " 0 " 00 " " " 0 0 0 0 0 W 0 0 w~ 0 0000 0 0 0 Z 0 " " " " " 0 " " " " " Zz " ZZ " U " W " :'i ~ c 0 0 H~ HH ;; " '" " " " ::: " '" " " 0 " " " " " ~ Z 0 0 0 0 0 0 0 0 " 0 < 0 " 0 ~" 0 "~ 0 " 0 " 0 . 0 " 5 " z 0 z " '" 0 Z " " " " « 0 « " w 0 00 0 ~O H Z Z 0 Z 0 Z Z 0 " " " '" Z "" Z "" Z W Z ~ Z <0 " 0 " 0 " 0 " 0 0 0 ~ W 0 0 0 zZ 0 ZZ 0 0 0 0 >N ,. ~ > 0 > W > 0 > U > ~ > " > " > ow > 00 > " > C > 0' OH W '" " " H < i': u 00 00 W U "~ "" ~ " . 0 :;1 .~ HU " W "' W " " W " « « " ., "' " "' "' W W 0 W " "~ "" 0 w <N W " ~ < < "' 0 0 W "" ~~ '" ~ 0 0 0 Ü ~ ~ < Z " i': 00 WO " 0 ~ U v ~ 0 v 00 00 < Z " 0" ~O 0 0 0 N ~ 0 0 ~ H ~~ 0 , ow 0 ~ ~ ~ ~ 0 0 ~ 00 00 ~ ~ Z< 0 ~ ~ ~ 0 0 0 0 00 00 0 0 W M 0 0 0 ~ ~ ~ ~ NN NN ~ ~ · X N ~ ~ ~ N N M . 00 00 N M 0 H . ~ . . ~ N ~ ~H ~~ ~ ~ ~ ~ ~ ~ ~ ~ , , NN NN , ~ " ' , , , , ~ ~ ~ ~ ~ , 0 ~ 00 00 0 0 Z ~ 0 0 0 H H N 0 00 00 H ~ g@ 0 0 0 0 0 0 0 0 00 00 0 0 ~ ~ ~ 00 ~ ~ N 00 00 00 ~ ~ v , , , , v ~ 0 0 0 0 0 0 0 ~~ H~ 0 ~ < 0 m m . , ~ H m 00 00 ~ 0 0 N N N N ~ H N 00 00 N 0 0 v v 0 ~ ~ ~ ~ ~ ~ z~ ~ ~~ ~~ ~ ~ 0 0 0 0 0 0 0 HO 0 00 00 0 "0 ow 0 0 0 0 0 0 0 0 00 00 0 00 '.. 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N N N N ~~ , M ~ ~O , ~ ~ , "'~ , ~'" ~ , , , ~~ 00 , , 00 ";N ~ 00 5 ~~ NN ~ ° ' , '" u 00 ~ , u 00 ~ , 00 ~ , , 00 8 , · , "' , ~~ ~ , 00 00 ~ , u "' , '" u , , '" ~~ ,., 00 ro 00 ~ '" NN ~ .. ,,, , rooo ~ g NN , "" ~M ~ , 00 , § , , , 00 ° ~z u , u '" ~ ~ 2 '" u '" z u " '" ~ ro ~ ~ ~ ° ~ ø ~ u '" z u " ~ ~ ~ . ~ ~ ~ e ~ '" ,"0 15z t; NM ~~ ~~ MM 00 00 '" ~ , c .. , ~ , , '" , ~ ~ ~ , · ~ , ~ 0", , ~ ~ ê~ , ~ , ~z , ~ , A ~ , '" " , ~ ~ ~ 0 < o ~ N~" M ~g ~ ~ 0 ~ ~);~ ~ êO rl ",Z 0\ U) > C '. , · ~~'~ : , ~ ~ , '" , 0 p.,,,,>^,u · tI10E-<'tlJO · g:g:t::5Z ~ , e l · · · SARATOGA CITY COUNCIL MEETING DATE: Mareh lrd, 2004 AGENDA ITEM: 2 E .' . CITY MANAGER: tV"'¿~ ~~ -- ORIGINATING DEPT: PllhUe Work. PREPARED BY: Morgan Kessler DEPT HEAD: SUBJECT: Street Improvements Related to Saratoga-Sunnyvale Road & Seagull Way Traffic Signal RECOMMENDED ACTION: 1. Approve increase of$124,980 ($113,618 plus 10% contingency) to existing contract with Republic Electric to perform street improvement work in association with the installation of the traffic signal at Saratoga-Sunnyvale Road & Seagull Way. REPORT SUMMARY: Approximately two years ago the Saratoga-Sunnyvale Road & Seagull Way Traffic Signal Project was put out to bid, with Republic Electric submitting the lowest bid price. A contract was executed with Republic Electric shortly thereafter. The long delay in getting the project underway was due to the CPUC and UPRR's strict requirements to upgrade the adjacent railroad crossing, which would have cost on the order of $500,000. With the help of the City Council and California Assembly member Rebecca Cohn's office, the CPUC and UPRR eventually eased the upgrade requirements, and allowed the project to move forward with minimal crossing upgrades. Due to the delay, staff planned to incorporate the signal project into the Gateway project, as the timing of the two projects were now parallel. Because the majority of funding for the Gateway Project is currently frozen, it makes sense to move forward with the signal project independently, as it is not one of the projects recently placed on hold by City Council. Since the signal project and a portion ofthe Gateway Project are integral with each other, staff recommends that the medians and curb returns associated with the traffic signal be constructed simultaneously with the signal (see attached plan). This will prevent the need for a temporary signal arrangement, thus saving time and money, and will make the signal and intersection immediately useful. Staff recommends that the funding for the additional work be appropriated from the VT A funds specifically allocated to the project, which were not frozen by City Council. Therefore, it is recommended that Council approve an increase of$124,980. to Republic Electric's existing contract to perform street improvement work associated with the installation of the Seagull Way traffic signal. Republic Electric is qualified to perform all additional work and having this firm do the work will greatly facilitate the smooth completion of the installation. p FISCAL IMPACTS: Funding for this work is progranrmed in the adopted CIP budget for the Saratoga Gateway Project, e using VTA fimds specifically allocated for this project. The fimding contains sufficient fimds to cover the recommended change order amounts. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The existing contract with Republic Electric will not be extended to cover the proposed work, and the street improvements would not be performed at this time. ALTERNATIVE ACTION(S): None in addition to the above. FOLLOW UP ACTION(S): Republic Electric will be issued a change order for the additional amount. Work will begin as soon as possible and completed in the spring, weather permitting. ADVERTISING, NOTICING AND PUBLIC CONTACT: e Area will be posted, and adjacent businesses will be notified prior to commencement of work. ATTACHMENTS: 1. Change Order proposal from Republic Electric. 2. Diagram of extents and scope of work associated with the signal installation. . rl:th~ö-LUUq THU UL:q!:J I'M t<I:t'UIJLlli I:Ll:lilKlli tH^ NV, ql~ ö~ö ~ql( r. u.:: ~ e · · · · · . Republic Electric Cl\Lk:lríl\7\$,\ February 26, 2004 Morgan Kessler Assistant P.ngineer City of Saratoga 13777 Pruilvale Avenuc Sarntoga, CA 95070 Subjcc: RESPONSE TO R~:QUEST IIOR C01'l1'RACT CHANGE ORDER . SARA TOGA-SVNNYVAI.F. ROAD A" SEAGVt.L WAY JNTF.RSECTION JM I'ROW:M ENTS Dear Mr. Kessler: Wc offer to perform thc following work, on the tCl1T\S and conditions staled below, and in conformance with the plans revised by the Public Works Director on T'ebruary 11,2004 and then confirmed at a field mceting on February 19. 2004, at the prices shown, as follows: · Eliminate the pedeslrian pushbultons, heads and framework associated with the east-west pedestrian (:rossing: \0 be removed from the south Jeg ofthc intersection. EIíminate twelve Type ^ inductive detector 1001'S on Sal'¡\toga-Sunnyvale Road. Install City furnished 2" communications conduit, 2" power conduit .ll1d 3" waler conduit to be sleeved for the City's irrigation system. F\1l1.ish and install up to six No.5 puJlboxcs for the irrigation system. Relocate the traffic signal controller and service cabinets to the northwest corner of the intersection to be closer to the a.,sunwd PG&E service point. ]nslall sidewalk, curb, gutter and pedestrian ramps wi/hin the intersection linúts at the unfinished comers, and conform 10 existing elevation per the revised project plans. Install dirt Jilled ooncrete curb medians with left-tum lanes to accept future laudseaping and irrigation in thc approximale center of Saratoga-Sunnyvale RD<,d. o The south median will be tC1111;natt'ò at the Union Pacific Rai1road (Ul'RR) righi-of way, h)cated approximately 40 feet north of the t.raeks, at approx. Station 231-00. o The nOI1h median will be completed as initially designed and ShOWI' ¡It approx. Station 17+94. Apply for and coordinate electrical service for the traftìc signal and irrig-dti01\ system with Pacific Gas and Electric. Coordinate ¡,a¡¡road pre-emption and permitling fOI' cneroaching upon the railroad right-or-way with Union Pacitic Railroad. Revise the 'rnme signal, signing and striping plans as needed to accommodate the proposed roadway improvements. Develop and in.plemenls initialt.raffic signal timing pJans. Observe 1ìn<>-tunc and modity the tramc signal timing as required, upon activation of the traffic signnl. · · · · · · (415) B98·Rfl97 . l'n (415) R98-9-í77 . 7120 Redwood Blvd. Q.","''rr''l'' .. f)AI.I.¡\!'i . Los A:'>I'l.ìF,tts . S¡\C!{¡\Mt::;.ITO . Novato, CA 949·15-4111 . SA:>! .FUANCJ!iCO ¡'ttH~ö-~UU4 THU U~:4\j m Kt~UI:Llli tLtlilKlli tHh NU. ql~ ö~ö ~qtt City of Saratoga Sarnloga-Sunnyva1c RdlSeagull Way Intersection Improvements February 26,2004 Pagc 2 of2 This proposal excludes relocation of any utility inÛ'astrocture, deming or grubbing, furnishing or installation of lrafiìc signing or striping, UI'RR engineering, estimating, and construction costs and dminage improvements. The cost to complete thc services outlined abovc is as follows: Labor, Materials nnd Equipment................$113,6J 8.00 This offer shal1 e.xpire 90 days from the datc hereof and may be withdrawn by liS at any time prior tlK'1'cto with or without notice. This offer supersedes any prior offers, comrniunent or orders, contains all terms, conditions and warranties and when accepted, constitutes the entire contract between the parties. The rcsuUing contract sl1al1 not bc modified except by forma! written amendment. This offer shall be aecep!.'(} by ù<J!ivc¡y to us of a copy of this offer duly signed by you in tbc space provided. '111C foregoing offer is hereby accepted this day of ,2004. CITY OF SARATOGA REPUBLIC ELECTRIC ~/ø# By: James A. Wagner, P.E. Title: VP Engineering r. u.:! ) .1' e e e t, =\ \j'\ !:\) 3~ (', .,S:\ \j'\!:\) -- \ ~ \j'\ !:\) s::: -3 3 QO .s::: < AS!:\) '" - - '" ~~ SL - ~QO ~ ~ '" !:\) &.,S:\ _S::: :3 - '0 ~ 2 .s::: 1% :3 ~ \]'I It z \j'\ z: [;) ~ Q;S- . 3 8- ~ C) :3 '" SL is)' 3 \]'I 1 I 1 I I \]'I ::s -. \]'I ~ ¡; ~- \]'I st !:\) ~ f\' 5rMU~~ WAY ¡;] I 1 I ~ [\)1 ~ ~I C) ~ :» I \ \j'\ c: z: I z: ~ 1 1 '" I 1 AS ~ I I . .... . . . SARATOGA CITY COUNCIL MEETING DATE: 2F March 3, 2004 AGENDA ITEM: CITY MANAGER: &c-/0/ DEPT HEAD: ~.íl.-.<2 ~ ORIGINATING DEPT: Public Works f?Ø PREPARED BY: Carv Bloomauist Å......-I '\..... SUBJECT: Review of Parks and Recreation Commission Community Survey Results RECOMMENDED ACTlON(S): Receive report-informational only REPORT SUMMARY: In an effort to establish the needs of EI Quito Park area residents, the Parks and Recreation Commission commenced the process of drafting a neighborhood survey during the Spring of 2002, asking local residents which amenities they would like to see in their park. City Council was informed of the Commissions intention of drafting this survey, and redirected the Commission to draft a Community Wide Survey to establish, on a large scale, the needs of all Saratoga residents and which amenities they would like to see in City Owned Parks. The Community Survey was completed and distributed to all 11,820 Saratoga households early June 2002 (attachment A). Of the 11,820 surveys mailed out, 1, 380 were returned. This yielded an 11.68% return rate, which is exceptional for a survey ofthis type. The demographic profile of survey participants indicates a well-balanced mix of all age groups responded to the survey. Staff compiled all survey results into useable data and statistics, which are reflected on attachment B. All comments written by survey respondents are recorded on attachment C. Members of the Parks and Recreation Commission used the factual data compiled by staff in attachment B as the basis for the creation of a sorting and ranking system of this data. Two separate survey sorting/ranking "alternates" created by Commission members are shown in attachment D. FISCAL IMPACTS: None. ¡ CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): . Not applicable. ALTERNATIVE ACTION(S): None. FOLLOW UP ACTION(S): Per Council direction ADVERTISING, NOTICING AND PUBLIC CONTACT: None. ATTACHMENTS: Attachment A - City of Saratoga Community Park Survey Attachment B - Survey Results Attachment C - Survey Comments Attachment D - Alternate Survey Results Analysis . . !ATTACHMENTA , . ------------------------------------------------------------------------------------------------------------------ City of Saratoga Community Park Survey There are several parks in our city, which have been designated as "Community parks", as opposed to smaller "Neighborhood parks". These parks are typically between 5 and 20 acres and serve residents throughout Saratoga. The Parks and Recreation Commission periodically has the opportunity to recommend improvements to these parks. Weare looking for your input to this process so that when funds are available, we can act quickly and provide features that our citizens desire. It is important to remember that although these are community parks, they will also serve the surrounding neighborhoods as their local park. As such, they will include all the standard features that all of us enjoy at our local neighborhood parks. These typically include: .0 o Playground with safety-approved equipment for all ages Open turf area wi inlproved irrigation Picnic benches BBQ's o o Water fountains Walking trails wi various benches for resting Trash receptacles Security lighting o o o o At some of these parks, the expanded facilities could stress the city's infrastructure. In order to strike the proper balance between the needs of the city and the needs of the neighborhood, the city may institute additional regulations to help ease any impact to surrounding areas. They may include: o Traffic controls o Park hours limitations ------------------------------------------------------------------------------------------------------------------ o Parking regulations o Sound generation limitations Please complete the survey, fold it on the lines with the return address showing, tape closed using adhesive strip, place stamp and mail Name (required) Address (required) Age 18-25 D 26-35 D 36-45 D 46-55 D 56-65 D 66+ D Number of children living here What are their ages? .mail address Do you wisb to be included in tbe Parks and Recreation Commission email newsletter? YEsD NoD < OVER> Please answer the following questions: , YES 0 NO 0 Not Sure 0 YES 0 NO 0 Not Sure 0 YES 0 NO 0 Not Sure 0 YES 0 NO 0 Not Sure 0 Do you feel that a parking lot is important for a community park? Do you think decorative ponds or water features are nice to have in Saratoga parks? Do you think restrooms are important to have at community parks? Would you be in favor of dog off leash hours in community Parks? e Which of the following items do you or your family members feel would be good to have available so members of the community can reserve them for group or private functions? · Covered picnic areas, arbors · Small general purpose community room · Small outdoor stage or amphitheater o o o Of the following items listed, which would you or members of your family use on a regular basis? o o .------------------------------------------------------------------------------------------------------------------ o o o o o o o o o o o o · Fishing pond Dog park · · Community garden Running track Par course Water play area Putt and chip golf area Climbing wall RlC car area Small group activities o Chess tables o Horseshoes o Bocchi ball o Outdoor roller skating rink o Frisbee Golf · · · · · · · What other items should be considered? . Conventional sports facilities o Soccer o o o o o o o o o o o o o . . o Baseball o Basketball o Volleyball o Football o Teunis Emerging sports facilities o Skate board park o BMX park o Sand Volleyball o Cricket o Outdoor velodrome o Roller hockey rink o Archery area Would you like to make any other suggestions for the Parks and Recreation commission to consider? PLEASE RETURN SURVEY BY, FRIDAY. JUNE 28,2002 Thank you for your time and input. The Parks and Recreation commission will publish the results of this survey during our monthly meeting. Please visit our website at http://www.saratoga.ca.us/parkrec.htmfortimes and other information. ------------------------------------------------------------------------------------------------------------------ Return Address Please Place Stamp Here City of Saratoga 13777 Fruitvale Ave. Saratoga, CA. 95070 Attn: Park Survey . ATTACHMENT B e Results as of August 27,2002: 11,820 sent out 1,380 returned 11.68 % rate of return TALLY SHEET FOR CITY OF SARTATOGA COMMUNITY PARK SURVEY AGE: 18-25 8 or .61% (1306 26-35 128 or 9.80% Rec.) 36-45 404 or 30.93% 46-55 251 or 19.22% 56-65 230 or 17.61 % 66> 285 or 21.82% Ql: Yes 869 or 66.85% - (1300 NO 239 or 18.38% Rec.) N/C 192 or 14.77% - . Q2: Yes_751 or 56.89% (1320 NO 382 or 28.94% - Rec.) N/C 187 or 14.17% - Q3: Yes 1201 or 89.63% - (1340 No 87 or 6.49% Rec.) N/C 52 or 3.88% - Q4: Yes 457 or 33.90% (1348 No 776 or 57.57% Rec.) N/C 115 or 8.53% - Q5: Covered picnic areas,arbors:_1078 or 78.12% Small general purpose: 400 or 28.99% Small outdoor 275 or 19.93% . Q6: Fishing Dog Park 197 or 14.28% 370 or 26.81 % I Community Garden_399 or 28.21 % Running Track 472 or 34.20% Par Course 338 or 24.49% Water Play Area 396 or 28.70% Putt golf 366 or 26.52% Climbing Wall 255 or 18.48% R/C Car 72 or 5.22% e Small Group: Chess tables 256 or 18.55% Horseshoes 307 or 22.25% Bocchi Ball 369 or 26.74% Outdoor skating_247 or 17.90% Frisbee Golf 154 or 11.16% Conventional Sports facilities: Soccer 401 or 29.06% Baseball 321 or 23.26% Basketball 420 or 30.43% V olleyball_334 or 24.20% Football 88 or 6.38% Tennis 471 or 34.13% e Emerging Sports facilities: Skatepark 185 or 13.41% BMX Park 73 or 5.29% Sand Volleyball 242 or 17.54% Cricket 60 or 4.35% Outdoor velodrome 41 or 2.97% Roller Hockey Rínk_96 or 6.96% Archery Area 104 or 7.54% e ATTACHMENT C . Comments about Parks in General . peace, quiet, beauty: 11111-11111-1: 11 . Activities: · Public swimming pool/community pool (possible small fee): 11111-11111-11111-11111-11111-1: 26 · Tennis backboard: I: 1 · More Swings (adults and young children swings separate): 11111-11111: 10 · Badminton facilities: 11111-11: 7 · Park equipment for young, handicapped children: I: 1 · Enclosed playground for toddlers with appropriate play equipment: 11111-111: 8 · Keep area of play for toddlers and older children separate: 11111-11: 7 · Children's play areas need soft surface rather than tree bark: I: 1 · Par course for young children: I: 1 · More soft ground rather than sand of bark: III: 3 · Tables to play cards, dominos, etc: II: 2 · Four square, hop scotch: I: 1 · Croquet: II: 2 · Lawn bowling: I: 1 · Zipline: II: 1 · Community band (to play on July4, Memorial Day, Christmas, etc): I: 1 · Paths: · Separate walking/bike paths around water area: 1111: 4 · Nature trails with water (stream): 1111: 4 · More walking/bike paths (not part of the road; wide enough for walkers, hikers, and bikers w/ shade from big trees): 11111-11111-11111-11111-11111-11111-11111-11111-1: 41 · Walking trails for walkingonlY-7 no bicycles: 11111: 5 · Walking/biking trails that are paved (also allow roller blading): 11111-111: 8 · Bike trails for children: II: 2 · Linked walk paths (between and within parks): 11111: 5 · 1-2-3-etc. mile designations on paths: II: 2 · Horse Trails: I: 2 · Seating: · Strategic placement Qf benches in shade for parents/elderly to sit or rest and still allow them to be able to watch children: 11111-11111-11111: 1 5 · Lots of benches/seating (preferably shaded by trees and everywhere-7 along trails and scattered every so often in park): 11111-11111-11111-11111-11111-11: 27 · Picnic tables: 11111-11111-11111-1: 16 · BBQ pits: 11111-11111-11111: 15 · Plants: · CA native plants: I: 1 · Flower Gardens (rose): 11111-111: 8 e e , · Meditation garden (with small gazebos): 11111: 5 · Sculpture garden: I: 1 · Reading areas within gardens (quiet and with benches): 11111: 5 · Community orchard: III: 3 · Lots of (large) trees for shade: 11111-11111-11111-11111-11111-11111-11111: 35 · Forest for bird watching: II: 2 · Prefers parks to be simple-7 lawn/trees/ maybe some swings: 11111-11111-1111: 15 · Flat lawn for general purpose (large grass areas separate from sports facilities like soccer fields and baseball diamonds so that other people are not in danger of being hit by a ball)-7 playing catch, Frisbee, soccer for small children, etc.: 11111-11111-11111-1: 16 · Water Activities · Duck pond: II: 2 · Water play area with sand (like Jack Fischer): 11111-1111: 9 · Water features out of sight from parks (where children are playing): I: 1 · Security: · Regular police patrols: 1111: 4 · Security lighting around restroom areas: 11111-11111-11: 12 · Night Ughts around sports facilities: 11111-11111-11111-1: 16 · No lights and no night games: I: 1 · Keep vagrants out of parks: I: 1 · Have main entry to parks and close off other entries: I: 1 · No hiding places for drug deals: I: 1 · Restrooms. fountains: · Water/drinking fountains (or some such clean water source): 11111-11111-11111-11111-1: 21 · dog water fountains: 11111: 5 · More restrooms at all parks (baby changing stations; not too far away from everything to make it frightening for women alone): 11111-11111-1: 11 · More neighborhood parks: II: 2 · Teen center (open 3-6PM): I: 1 · A new community and senior center: I: 1 · General things about parks: · Lockers for storage at parks: I: 1 · More trash cans: III: 3 · Solar water heating in facilities: I: 1 · Enforce doggy-doo rules or supply public scoopers, bags: 11111-11111-1111: 14 · Enforce leash rules of dogs: III: 3 · separate dog areas so others do not step in excrement: I: 1 · Closing of parks at dusk (to discourage vandalism): II: 2 · Clean and update all parks (esp. restrooms should be kept clean, walkways cleared of debris): 11111- 11:7 e e IB Phelan: 18789 McFarland Ave-7 willing to donate or design structure for· a dispenser in helping to clean up after dogs e e e . . A ban on loud music, PA systems, loud noise: II: 2 . No smoking and drinking: II: 2 Concerns about Parks · Keep Saratoga "quiet-bedroom" town~ does not need all facilities like in San Jose, Campbell, etc.: II: 2 · Some residents do not know of the parks~ send mass mailing (pamphlet) to residents to inform about parks and facilities: II: 2 · Water activities and decorations (fountains) are difficult/expensive to maintain: III: 3 · Consider taxes for the upkeep/ maintenance and consequences: 11111-11111-11111: 1 5 · Before cutting all the trees when upgrading parks think again for possibly different alternative: III: 3 . · Restrict the use of Saratoga parks to Saratoga residents: III: 3 · Keep residents of other cities out of Saratoga parks (Saratoga parks should be used only by Saratoga residents): 11111: 5 · Individuals who wish to use parking lots and are not Saratoga residents should be charged a parking fee: I: 1 · No park should be able to be reserved by one group (ex: Memorial Day at Wildwood Park): I: 1 Comments About the Items on the Survey · No items on the survey are needed b/c schools and homes can be used: 11111-1: 6 · Reach agreements with West Valley College or other schools to use their facilities instead of building more facilities (already a field, running track, basketball and tennis courts, swimming pool at VNC and high school <open for few hours during days of summer, then there is no need to build new pool>, etc.): 11111-11111-11: 12 · The items on survey should be whittled down to what is needed and not what is "nice" to have in view of financial circumstances: II: 2 · Items should have been on a scale (1-5) not a yes or no question: II: 2 · Surveys should be sent during school year or over web b/c people can be more aware of sports teams and other groups: /1/1: 4 · Survey should be given to people younger than 18 b/c many items would be used by them: I: 1 Comments about Specific Parks · Kevin Moran Park · Develop more of Kevin Moran Park ("it is wonderful"): I: 1 · Install restrooms: II: 2 · "Kevin Moran Park is great nowl" · leave park as it is: 11: 2 · dog fountain is wonderful · upgrade remaining walking way in Kevin Moran Park · Quito · Pedestrian walkway across Quito Rd. is dangerous for people with toddlers: I: 1 · Playground equipment at EI Quito park needs updating: II: 2 · New turf under children's play that is rubberized foam · Change status of Quito to "Neighborhood Park": 11111: 5 · Leave EI Quito as is: 11111: 5 , · Congress · Fix restrooms at Congress Springs e · Another concession stand at Congress Springs at opposite end of field away from existing stand · Disappointed that multipurpose Congress Park is now only single purpose: III: 3 · Congress Springs is sun baked and a mess b/c all the trees have been cut down and there are no benches: III: 3 · The danger of the Railroad tracks at Congress Springs should be addressed by putting up signs that post times when trains pass, and/or a gate/fence, etc~ something should be done b/c it is not safe · Wildwood · Wildwood Park needs new play equipment (esp. the slide structure): 11111-11111-1: 11 · River Walk at Wildwood · Bugs make Wildwood park unusable most of the time · Do not build in or cut down trees in Heritage Orchard: 11111-11111-111: 13 · Safety rail alongside creek at Gardner Park · Renovate Brook Glen neighborhood Park: III: 3 · Fix up baseball park and rest of the area behind Foothill school · A bathroom at Brookview Park · A portable toilet at Beauchamps Park · Purchase open space between Cox Ave. and Highway 85 and convert it into a new city park: II: 2 · Close the non-conforming maintenance yard on Glen Brae that is near Congress Springs Park _ · A sign on Glen Brae at Via Es Cuella to slow down the traffic that speeds past homes to get to the park ... · A resident who lives near the Saratoga Springs Picnic Area would like to see Saratoga buy/manage the area b/c it is so beautiful but it has been used primarily for rock concerts, karaoke, gang fights and swimming pool water was dumped into Saratoga Creek last year and killed all the fish and water animals downstream. The resident would like to see the area be converted to a park and be preserved and maintained. · A comment on how nice Scully Park has become and that the caretakers are doing great job . , e e . City of Saratoga 2002 Parks and Recreation Community Survey Results Question How many Surveys Were responded to? Received 1380 Total 11820 Agl) Range? 18- 25 26-35 36·45 46· 55 55-65 65+ 1306 8 128 404 251 230 285 Do you feel that a parking lot is important for a community park? Ves No 869 239 NIC 192 Total 1300 Do you think decorative þonds or water features are nice to have in Saratoga parks? Yes No N/C Tota! 751 382 187 1320 Do you think restrooms are important to have at community parks? Yes No 1201 87 NtC 52 Total 1340 Would you be in favor of dog off leash hours in commuhity Parks? Yes No 457 776 N/C 115 Total 1348 Which of the following items do you or your family members f~el would be good Covered picnic areas¡ arbors 1078 Small genera! purpose community room 400 Small outdoor stage or amphitheater 275 1753 Of the following items listed, which would you or members of your family use on 2865 Running Track 472 Community Garden 399 Water Play area 396 Dog~~ m Putt and chip golf area 366 Par Course 338 Climbing Wall 255 Fishing Pond 197 R/C car area 72 Small Group Activities Beech i Ba 11 Horeshoes Chess Tables Outdoor roller skating rink Frisbee Golf 1333 369 307 256 247 154 Conventional sports facilities Tennis Basketball Soccer Volleyball Baseball Football 2035 471 420 401 334 321 88 Emerging sports facilities Sand Volleyball Sk<lte board park Archery area Roller hockey rink BMX park Cricket Outdoor velodrome 801 242 185 104 96 73 60 41 ATTACHMENT D 11.68% 0.61% 9.80% 30.93% 19.22% 17.61% 21.82% Yes No NIC 66.85% 18.38% 14.77%. 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Xü ~i'i: Q) E _ 0 Q) ~ -",'0 " 0 'C ã; " > . . . . . SARATOGA CITY COUNCIL 2-0) ORIGINATING DEPT: Public Works CITY MANAGER: G~~ PREPARED BY: Morl!an Kessler@ DEPT HEAD: ~ eQJ A __ A-<~ MEETING DATE: March 3'd, 2004 AGENDA ITEM: SUBJECT: Council Resolution to authorize submittal ofSB 1346 Rubberized Asphalt Concrete Grant Program application, and delegate authority to City Manager to execute funding agreements with the State of California for this grant. RECOMMENDED ACTION(S): 1. Approve resolution authorizing the submittal of a grant application through the SB 1346 Rubberized Asphalt Grant Program and, 2. Authorize City Manager to execute funding agreements for the grant with the State of California. REPORT SUMMARY: Background In efforts to reduce the number of waste tires entering landfills, the California Integrated Waste Management Board is administering a grant program for the use of rubberized asphalt in California public agency road paving projects. Rubberized asphalt uses rubber from recycled automobile tires. This grant would provide up to $150,000 per agency towards paving projects that incorporate the use of rubberized asphalt emulsion or crumb rubber in the asphalt mix. Eligible projects shall use at least 20 pounds of recycled rubber per ton of asphalt concrete. Discussion To apply for the grant funding, a resolution authorizing the submittal of the application must be provided with the application packet. Additionally, the resolution authorizes the City Manager to execute funding agreements, amendments, and payment requests related to the grant, should one be obtained. FISCAL IMPACTS: No direct costs associated with the grant application process. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): The Resolution would not be adopted, and the application for the grant would not be submitted at this time. ALTERNATIVE ACTION(S): None in addition to the above. FOLLOW UP ACTION(S): Staffwill forward the grant application to the California Integrated Waste Management Board. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: 1. Resolution. 20f2 . , ! i , . . . \ . e e e RESOLUTION NO. 04- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA AUTHORIZING THE SUBMITTAL OF A GRANT APPLICATION FOR THE SB 1346 RUBBERIZED ASPHALT GRANT PROGRAM, AND DELEGATING THE CITY MANAGER AUTHORIZATION TO EXECUTE FUNDING AGREEMENTS WITH THE STATE OF CALIFORNIA FOR THIS GRANT. WHEREAS, Public Resources Code Section (PRC) 42872, authorizes the California Integrated Waste Management Board (CIWMB) to establish a grant program to provide opportunities to divert waste tires from landfill disposal, prevent illegal tire dumping, and to promote markets for recycled-content waste tire products; and WHEREAS, the CIWMB has been delegated the responsibility for the administration of the program within the state, setting up necessary procedures governing application by individuals, businesses, and research institutions under the program; and WHEREAS, said procedures established by the CIWMB require the applicant to certify, by resolution, approval ofthe application before submission of said application to the State; and WHEREAS, if awarded a grant, the applicant will enter into an agreement with the State of California for development ofthe project; NOW, THEREFORE, the City Council of the City of Saratoga hereby resolves as follows: Authorizes the submittal of an application to the CIWMB for an SB 1346 Rubberized Asphalt Concrete Grant. The City Manager or his/her designee of the City of Saratoga is hereby authorized and empowered to execute in the name of the City of Saratoga all necessary applications, contracts, agreements, amendments, and payment requests hereto for the purposes of securing grant funds and to implement and carry out the purposes in the grant application. The above and foregoing resolution was passed and adopted at an adjourned meeting of the Saratoga City Council held on the 3rd day of March 2004 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Ann Waltonsmith, Mayor ATTEST: Cathleen Boyer, City Clerk . . . SARATOGA CITY COUNCIL MEETING DATE: March 3, 2004 2~ CITY MANAGER: &e>.-..,./~ DEPT HEAD: erO- Iv\. (Ü~..JJ.,..~, AGENDA ITEM: ORIGINATING DEPT: Public Works PREPARED BY: John Cherbone SUBJECT: Park Use Agreement RECOMMENDED ACTION(S): Approve Park Use Agreement and authorize the City Manager to execute the same with various user groups. REPORT SUMMARY: At the January 21 City Council meeting, Council directed staff to prepare a draft use agreement based on the Congress Springs model which the Cíty can execute primarily with sport user groups at any City park when appropriate. Use agreements wòuld benefit the City and the user groups by putting in writing the maintenance responsíbilíty of each party, restrictions on the use of the park (such as parking and raín restrictions), and dates and times during the year they have rights of use. Please find attached a Park Use Agreement for your review. The City Attorney has reviewed the agreement and the Parks and Recreatíon Commission are scheduled to revíew it at their March 1 commission meeting. The PRC will forward their comments, if any, prior to the City Council meeting. FISCAL IMPACTS: None at this 1Íme. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): The current park use arrangements would remain as is. ALTERNATIVE ACTION(S): None. e FOLLOW UP ACTION(S): Staff will implement Park Use Agreements with the various user groups. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: I. Park Use Agreement. . . 2of2 . e e . AGREEMENT CONCERNING USE OF SARATOGA CITY PARK THIS AGREEMENT, dated , by and between THE CITY OF SARATOGA, a municipal corporation ("City"), and name of orzanization or user zrouv ("User Group"), is made with reference to the following facts: A. City is owner of a public parkes), located on location ofvark, known as name of vark ("the Park"), in which City has constructed facilities including (list facilities to be used bv User Group). B. City and name of orzanization or user zrouv desire to execute this Agreement to establish their respective rights and obligations concerning the use and maintenance of the Park and to serve as a Group Use Permit in accordance with Article 11-10 of the Saratoga City Code. NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: 1. Times of use. User Group shall inform City as to the starting and ending dates of its season or use period. Such notice sha1l be furnished to City at least thirty (30) days prior to the commencement of the season or use period and shall furnish the City with a copy of the game and/or practice schedule at least seven (7) days prior to the commencement of the season or use period. User Group sha1l furnish City with a copy of any changes to the game and/or practice schedule that would change the date or time of Park use at least 24 hours prior to the first period of time affected by the change in schedule. User Group sha1l be entitled to the use of the area as described in Exhibit "A" during the conduct of its scheduled games and/or practices. At a1l other times, the area designated for use shall be open for use by the general public and organized activities as authorized by City. 2. Responsibilities of City. City sha1l be responsible for the f01l0wing: list of maintenance responsibilities 3. Responsibilities of Little League. User Group sha1l be responsible for the f01l0wing: list of maintenance responsibilities 4. Service charge. In consideration for the additional maintenance and other services provided by City, as hereinabove described, and for the exclusive use of the Park, User Group shall pay a service charge to City in the amount of $ for each season during the term of this Agreement. Such service charge sha1l be due and payable thirty (30) days prior to the commencement ofthe season or use period. Page 1 of5 , 5. Park Use Policy. The Director of Public Works shaH have fuH authority to regulate the use of the park, including, but not limited to, regulation offield layouts and imposing field "rest" periods during the season or use period, which is contingent upon the condition of the park and fields as determined by the Public Works Director to ensure the long term health ofthe park. e 6. Rainy Day Policy. During periods of inclement weather, User Group shaH cancel games and/or practices if it has rained in the past 24 hours or ifthe fieJd, as determined by the Director of Public Works, is deemed to be in an unplayable condition at game/practice time. During periods ofunstable/questionable weather conditions, the Director of Public Works will determine the playability of the fields at the park. If the fields are closed based on a determination by the Director of Public Works, a sign will be posted at the park stating "Field Closed Today". This policy shall be publicized by User Group on all game and practice schedules distributed to players and coaches and made available to all users. 7. Penalties for field use violations. Unauthorized use ofthe Park by User Group (including, but not limited to, violations of sections 5 and 6 of this Agreement) may result in a penalty as determined by the Director of Public Works as follows: 1st Penalty during season: No use of Park for up to one week. 2nd Penalty during season: No use of Park for up to one month. 3rd Penalty during season: No use of Park for up to the remainder ofthe season. e In addition, User Group shall compensate City for the actual costs of correcting any damage to the Park due to the unauthorized use. Ifpayment is not made within ten (10) days of User Group's receipt of City's request for payment, the Director of Public Works may suspend User Group's ability to use Park until such time as payment is made. 8. Indemnification of City. User Group agrees to indemnify, defend, and hold City, its officials, employees, volunteers, boards and commissions free and harm]ess from and against any and all claims, demands, causes of action, damages, liabilities, costs or expenses (including the expense of attorney's fees for defending any action brought against City or any of its officers, officials, employees, volunteers, boards or commissions), arising out of or in any manner relating to the use and maintenance of the Park by User Group or from the performance by User Group of its obligations under this Agreement. User Group further agrees to compensate the City for any and all damages to Park (including any facj]jties therein) directly or indirectly resulting from User Group's use of the Park. INSURANCE REOUIREMENTS WILL BE DETERMINED AS NECESSARY ON A CASE BY CASE BASIS e Page 2 of5 e 9. Insurance Requirements. User Group shall procure and maintain for the duration of the Agreement "occurrence coverage" insurance against claims for the injuries to persons or damages to property which may arise from or in connection with User Group's use and maintenance of the park, and the performance of the obligations hereunder by User Group, its agents, representative or employees. (a) Minimum Limits ofInsurance. User Group shall maintain limits no less than: I. General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury, and property damage. 2. Workers' Compensation and Employers Liability limits of$I,OOO,OOO per accident. (b) Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the provIsIons: 1. General Liability Coverage. e a. The City, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of User Group. The coverage shall contain no special limitations on the scope of the protection afforded to the City, its officers, officials, employees or volunteers. b. User Group's insurance shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of User Group's insurance and shall not contribute with it. c. Any failure to comply with reporting provisions ofthe policies shall not affect coverage provided to the City, its officers, officials, employees or volunteers. d. User Group's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits ofthe insurer's liability. 2. Workers' Compensation and Employers Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses arising from work performed by User Group for the City. e 3. All Coverages. Page 3 of5 ; Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in its limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. e (c) Acceptability of Insurers. Insurance is to be placed with insurers with a Bests' rating of no less than A: VII. (d) Verification of Coverage. User Group shall furnish City with certificates of insurance and with original endorsements effecting coverage required by this section. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be received and approved by the City before User Group may make use of the park. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 10. Term of Agreement. This Agreement shall become effective upon execution by the parties and shall terminate on . If City determines User Group is violating any terms of this agreement or in any way engaging in activities that City determines are or may be harmful or hazardous to persons or property, City a may at its sole discretion cancel this Agreement if after giving of written notice to ., User Group to correct the violation, within thirty (30) days, User Group has not made the necessary correction. 11. Contract Administration. This Agreement shall be administered on behalf of City by the Public Works Director. The Public Works Director has complete authority to receive information, interpret and define City's policies consistent with this Agreement, and communicate with A YSO concerning this Agreement. All correspondence and other communications shall be directed to or through the Pubjc Works Director. The Public Works Director may designate in writing one or more City employees to exercise some or all of his authority under this Agreement. 12. Notices. All notices or communication concerning a party's compliance with the terms of this Agreement shall be in writing and may be given either personally, by certified mail, return receipt requested, or by overnight express carrier directed to the address specified below. The notice shall be deemed to have been given and received on the date delivered in person or the date upon which the postal authority or overnight express carrier indicates that the mailing was delivered to the address of the receiving Party. Notices to User Group shall be sent to: Name: e Page 4 of 5 . e . Street: City, State, Zip: Telephone: Fax: Notices to City shall be sent to: John Cherbone Public Works Director City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 Phone: (408) 868-1241 Fax: (408) 868-1281 13. Successors and assigns. This Agreement shall inure to the benefit of and shall be binding upon the successors of the parties hereto by merger, consolidation, incorporation of an existing unincorporated association or the formation of additional branches, divisions or regions. But otherwise this Agreement is neither transferable nor assignable. 14. Authority. Each signatory hereto hereby represents and warrants that he or she is duly authorized to enter this Agreement on behalf of the entity to be bound by this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written. THE CITY OF SARATOGA, a municipal corporation User Group: [Print User Group Name] By By: Date: Date: John Cherbone Public Works Director [Sign Name] [Print Name] Its: [Specify Office: President, etc.] Paze 5 of 5 . SARATOGA CITY COUNCIL MEETING DATE: March 3, 2004 AGENDA ITEM: CITYMANAGER:ç2/ ß~ ~ ORIGINATING DEPT.: Community Development PREPARED BY: John F. Livingstone, AICP fill. DEPT. HEAD: Lata Vasudev AICP SUBJECT: FY 2004/05 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING RECOMMENDATION 1. Conduct the Public Hearing. 2. Adopt the attached Resolution (Attachment 2) authorizing Staff to: . a. Submit funding allocations to Santa Clara County for CDBG proposals totaling an estimated $166,440. b. Reallocate unspent allocation in the Sanitary Sewer Connection Project to the SHARP Housing Rehabilitation Loan Fund. BACKGROUND The Department of Housing and Urban Development [HUD] makes annual disbursements of Housing and Community Development Act [HCDA] funds for e1ìgible projects and activities. Saratoga and six other "non-entitlement" cities (population under 50,000) within Santa Clara County receive federal HCDA funds from the Community Development Block Grant [CDBG] Program. Non-entitlement cities recceive funds through a cooperative agreement with the County of Santa Clara, the locally responsible grant recipient. Expenditure of these funds is restricted by federal and county regulations. DISCUSSION The availability of CDBG funds for e1ìgible projects and activities was publicized in the Saratoga News during the month of January 2004. Three applications were received during the application cycle. Summaries of all applications are provided in Attachment 2. The full application packets are available for review in the Planning Department at City Hall. The applications were reviewed by Councihnember Stan Bogosian and Citizen Advisory Committee (CAC) Member Betty Feldheym. The following funding recommendations have been determined by Councilmember Bogosian, Betty Feldheym and Community Development Department staff. . The County has estimated that a total amount of $166,440 will be available for FY 2004/05. Of that amount, a maximum estimated amount of $37,716 may be spent on public service CDBG activities. The term 'public service' covers a lot of ground, but typically includes services that are . considered social services or human services. HUD places a cap on the amount of money spent for public services. This is a reflection of Congress wanting CDBG funds to be used for mostly 'bricks and mortar.' CONTINGENCY AMOUNTS At the writing of this report, HUD has not yet finalized its funding allocations. Based on past experience, the final funding amounts may be provided imminently. The County has estimated that a total amount of$166,440 will be available for FY 2004/05. Last year the amount was $172,000. The County of Santa Clara has advised that although the final allocation amounts are not expected to differ greatly from these figures, cities are urged to provide a means to adjust funding recommendations for CDBG projects to account for any changes. Staff has added a contingency plan after each recommendation described below. The plan recommends maintaining the funding for Project Match, Hakone Gardens, and SASCC Adult Day Care Program, and using the funds for the Sharp Program to absorb any variations to the final funding amount. FY 2004/05 CDBG FUNDING RECOMMENDATIONS 1. CDBG Public Service Activities SASCC - Adult Dav Care Program . Saratoga Area Senior Coordinating Council (SASCC) submitted its annual proposal for CDBG Human Services funding for continued support of the SASCC Adult Day Care Center Program for FY 2004/2005. Their total requested amount is $36,288, which is 18% ofthe estimated annual budget to operate the Adult Care Center. The maximum amount that may be allocated to public service activities by the City of Saratoga is $37,716. Allocations exceeding the requested amount may not be made. Recommendation: Fund the Saratoga Adult Day Care Program with the $36,288. Contingency Plan: If the final maximum amount allowed for public services is less than the requested amount of $36,288, then SASCC shall be allocated the entire maximum amount for public service projects. 2. CDBG Capital and non-Public Service Projects Proíect Match - Long Term Lease for Shared Senior Residence Project Match is requesting $33,990 to cover the full cost oflease payments to the landlord on its group home on Blauer Drive in Saratoga. Project Match has been a recipient of CDBG funds since 1991. The project provides shared residential housing to 5 low income seniors (aged 5S or . older), at a time. The rent charged to each resident will not exceed 30% of their income. A low income person is defined as a person earning 65% ofthe median income for that county. In . e . Santa Clara County the maximum annual income allowed to qualify as low income is $57,450 for a 1 person household. Currently the house is at 100% occupancy. The requested amount is 41 % of the annual cost to operate the group home. For the current fiscal year, Project match was allocated a grant of $33,000 to cover the cost of its rental payments. According to the application, the property owner will raise the total annual rent to $33,990 beginning July 1, 2004. Recommendation: Fund $33,990 to support Project Match's continued efforts to provide affordable housing to low-income seniors in the City of Saratoga. Contingency Plan: No adjustments shall be made. It is recommended that the entire amount of $33,990 be allocated regardless of the final allocation amount. ADA Improvements Proiect at Hakone Gardens Per the lease agreement with the Hakone Foundation, the City will provide $50,000 per year for five years, to update Americans with Disabilities Act [ADA] requirements at the park. FY 2004/05 will be the fourth year that CDBG funds are allocated to ADA improvements at Hakone Gardens. Recommendation: Allocate $50,000for ongoing ADA improvements at Hakone Gardens. Contingency Plan: No adjustments shall be made. Allocate $50,000 regardless of final funding amounts. SASCC - Privacy and Storage Proiect SASCC is requesting $12,500 to purchase furnishings such as storage cabinets, shelving and tables for the Adult Care Center and Modular Building. In addition, the requested funds would be used for upgrading lighting in the storage area off the Saunders room, installing an accordion door with lock in the modular unit and installing a sink in the small room of the modular unit. Furnishings needed to provide a public service can be bought or leased with CDBG public service allocations. Since it has been recommended that either all or a significant portion of public service funds be allocated to SASCC, it is recommended that no additional funds be provided for the purchase of furnishings. However, improvernents to public facilities such as senior centers, including equipment that is permanently affixed to the facility, are eligible for CDBG funds and are not considered a part of a CDBG public service. Given other funding priorities, it is recommended that a total of $2,000 be allocated to this project based on the estimates provided by SASCC for the installation of a sink and door in the modular building. Staff is recommending that a real door be installed instead of the accordion door system. Recommendation: Allocate $2,000 for the installation of a sink and door. . Contingency Plan: No acijustments shall be made. Allocate $2,000 regardless of final funding amounts. Option: As an option to the request for furnishings to assist with storage needs, the review committee is recommending that the Council discuss granting an additional $2,000 to be taken from the SHARP Program funding recommendation to be used towards installation of a permanent storage area at the back of the adult day care building underneath the existing four foot building eve on the back patio. SHARP Revolving Housing Rehabilitation Loan Program Saratoga has been offering low interest housing rehabilitation loans for low income residents for over 20 years. There are currently thirteen outstanding loans to homeowners. Interest for the Housing Rehabilitation Loan Program has recently increased due to staff submitting articles in The Saratogan. During the current fiscal year, three housing rehabilitation projects were completed totaling $233,000. The Housing Rehabilitation Loan Program funds are being retained in the County's Housing Rehabilitation Program account, which is tracked separately from the CDBG projects. Last fiscal year, the City allocated $56,968.96 in CDBG funds to supplement the revolving loan funds. Of that amount, a total of only $28,915.01 currently remains in the revolving loan fund. . Housing rehabilitation is a very important and popular way to use CDBG funds. Moreover, as described below, the City annually allocates $20,000 ofit CDBG funds to the County for the administration of the loan program. It is imperative that sufficient loan funds are available to carry out the administration of the program. The County City Contract recommends a minimum of $200,000 a year be funded to the Housing Rehabilitation Loan Program to accomplish four rehabilitation loans to Saratoga residents. A prior loan of $23,850 was recently paid back. However, it does not appear that individualloan payoffs and payments (program income) will be enough to replenish this fund. Assuming there is continued interest in the program, it will be necessary to replenish this fund out ofFY 2004/05 available CDBG funds. It is recommended that the estimated $9,162 remaining after the above-mentioned funding recommendations be allocated to the SHARP Housing Rehabilitation Loan Program fund. As described below, it has been recommended that a prior year's remaining allocation of$25,061.8l for the Sanitary Sewer Connection project be transferred to the loan fund. Recommendation: Allocate $9,162 to the SHARP Revolving Rehabilitation Loan Fund. Contingency Plan: Adjust this amount higher or lower based on final allocation amounts and after consideringfunding recommendations for the other FY 2004/05 CDBG projects. . e e . 3. Program Administration Countv Rehabilitation Assistance The City's SHARP Revolving Housing Rehabilitation Loan Program is administered by the Santa Clara County Housing and Community Development Department [HCD] staff. The program provides low-interest loans to income-eligible homeowners for home repairs such as new roofs and electrical upgrades. HCD charges $20,000 (ofCDBG funds) per year to administer the program for the City. The cost covers processing loan applications, determining eligibility, processing loan paperwork and coordinating payments to the contractors doing the repair work. Citv Program Administration Each fiscal year, $15,000 is set aside for the general program administration costs incurred by the City. These funds go towards the City's expenses for staff to process applications, administer contracts, prepare and submit reports to regulatory agencies and to participate in Urban County program activities. 4. Reallocation of Prior CDBG Fnnds Sanitary Sewer Connection Proiect A balance of$25,061.81 in CDBG funds remains in the Sanitary Sewer Connection Project to assist low-income homeowners who are required to abate their septic tanks and connect to the public sewer system. Staff has advertised the availability of funds on the City website and in The Saratogan. In the spring of 2003, Staff sent a letter to each homeowner currently using a septic system informing them of the availability of CDBG funds. After responding to the letter, one low income Saratoga resident received a CDBG grant to connect to the public sewer system last summer. Staffhas not processed any more septic abatement projects since then. CDBG funding for this project was first allocated in 2000/01 fiscal year. Given the extent of public outreach and lack of activity, it is recommended that the remaining balance be transferred to the SHARP Revolving Housing Rehabilitation Loan Program fund during this current fiscal year 2003/04 Recommendation: The remaining balance of$25,061.81 shall be transferred to the SHARP Revolving Housing Rehabilitation Loan fund this 2003/04 fiscal year. FISCAL IMPACTS The CDBG funds for FY 2004/2005 are federal Housing and Urban Development funds administered by Santa Clara County and allocated to participating cities. There is no impact from these recommendations on General City funds. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S) The City's FY 2004/2005 CDBG allocation will remain with the County, and Saratoga will not meet its goals related to providing continued housing assistance, rehabilitation and human services to low income and disabled residents in the City. The Countv is requesting City Council approved allocations for FY 2004/05 funds bv April L 2004. FOLLOW UP ACTION(S) Forward Council's CDBG recommendations to the County of Santa Clara; execute contracts with agencies receiving funding. ATTACHMENTS L FY 2004/05 Funding Allocations Table 2. Resolution 3. Application Summaries Cc: CDBG Applicant agencies e e . · Attachment 1 FY 2004/2005 Community Development Block Grant Funding Allocations Table Agency Type Project Amount Amount Requested Recommended SASCC CDBG Adult Day Care program $36,288 $36,2881 (Public Services) SASCC CDBG Privacy and Storage $12,500 $2,000 Project (Lighting, Sink and accordion door only) Project CDBG Long Term Lease $33,990 $33,990 Match Senior Residence City of Saratoga CDBG SHARP Revolving Housing $9,162 $9,1622 Rehabilitation Program · City of Saratoga CDBG Program Administration $15,000 $15,000 City of CDBG ADA Improvements at $50,000 $50,000 SaratogaIHakone Hakone Gardens Foundation County of CDBG County Rehab Assistance $20,000 $20,000 Santa Clara GRAND $166,440 TOTAL (estimated) Breakdown of FY 2004/2005 CDBG Allocations (Estimated): $93,724.00 CDBG - non-Public Service $37,716.00 Public Services Cap $15,000.00 Program Administration $20,000.00 Housing Rehabilitation Loan Administration $166,440.00 · 1 This amount will be lowered only if the fmal public services cap is less than $36,288. If the fmal allocation for public services is lower, then SASCC shall be awarded the entire public services amount. 2 Once the final allocation amounts have been provided, this amount may be lowered or raised based on what is remaining after factoring the other funding recommendations. Attachment 2 . RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA AUTHORIZING THE SUBMITTAL OF PROPOSALS FOR FUNDS FROM SANTA CLARA COUNTY UNDER THE FEDERAL HOUSING AND COMMUNITY DEVELOPMENT ACT FOR FISCAL YEAR 2004/2005 WHEREAS, the City previously entered into a Joint Powers Agreement with Santa Clara County to form an Urban County under the Housing and Community Development Act; and WHEREAS, the City Council finds and determines that the following proposals represent the community development needs in Saratoga. NOW THEREFORE, BE IT RESOLVED, that Staff is hereby authorized to submit a proposal for the expenditure of FY 2004/05 CDBG funds in the estimated amount of $166,440 for the following allocations: Agency Type Project Amount Amount Requested Recommended . SASCC CDBG Adult Day Care program $36,288 $36,2883 (Public Services) SASCC CDBG Privacy and Storage $12,500 $2,000 Proj ect (Lighting, Sink and accordion door only) Project CDBG Long Term Lease $33,990 $33,990 Match Senior Residence City of CDBG SHARP Revolving Housing $9,162 $9,1624 Saratoga Rehabilitation Program City of CDBG Program Administration $15,000 $15,000 Saratoga Hakone CDBG ADA Improvements at $50,000 $50,000 Foundation Hakone Gardens . 3 This amount will be lowered only if the final public services cap is less than $36,288. If the fmal allocation for public services is lower, then SASCC shall be awarded the entire public services amount. 4 Once the fmal allocation amounts have been provided, this amount may be lowered or raised based on what is remaining after factoring the other funding recommendations. e e e County of Santa Clara County Rehab Assistance $20,000 CDBG $20,000 GRAND TOTAL $166,440 (estimated) AND BE IT RESOLVED, that Staff is hereby authorized to enact the contingencies stated above in footnote form to account for changes when the final CDBG funding allocations are available; AND BE IT FURTHER RESOLVED, that Staff is authorized to reallocate the amount of $25,061.81 form the Sanitary Sewer Connection Ordinance project (SA-01-21) to the SHARP Revolving Housing Rehabilitation Loan Program fund. The above and foregoing resolution was passed and adopted at an adjourned meeting of the Saratoga City Council held on the 3rd day of March, 2004 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Ann Waltonsmith, Mayor ATTEST: Cathleen Boyer, City Clerk Attachment 3 Application Summaries on the following pages e e e . CITY OF SARATOGA COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FY 2004-2005 APPLICATION SUMMARY Name and Address of Applicant Organization: Saratoga Area Senior Coordinating Council P.O. Box 3033 Saratoga, CA. 95070 -__~'..n.__ ···-·-·Name·ofP·roject:---- ···...·.a_w.. ...........-............,..--....-.--. ._.·....u_u_.._._..._~".._._.,_._ ...,. .u__._______ .. ··___..__m_.n_n__.___ _____·_.._.n_~ Saratoga Adult Care Center Please complete questions 1-8 for ALL projects: I. Total amount of CDBG funds requested and percentage of tota] cost: $36.288. This represents 18% of our 2004-2005 estimated budget for the Adult Care Center. . 2. Total project cost (all sources): $201.116 3. Number of paid staff for CDBG funded project: 6 4. Number of volunteer sÙlff for CDBG funded project: 5 5. Percent of budget for administration (of project): 26% 6. Anticipated cost per housing unit or per client: NIA 7. Amount of CDBG funds requested last year: $36.737 8. Amount of CDBG funds received last year: $35.366 For Category I project only, (acquisition or new construction) 9. Number of affordable units' in project: NI A 10. Anticipated date of occupancy: NIA . 'Units affordable to very low income and low income individuals or families paying no more than 30% of household income. C:\My Documents\Grants\CDBG\CDBG Ace oper Q4.oS.doc Page 2 CITY OF SARATOGA PROGRAM YEAR (FY 2004-2005) . PROJECT PROPOSAL APPLICANT ORGANIZATION: NAME: ADDRESS: Saratoga Area Senior Coordinating Council P.O. Box 3033 Saratoga. CA. 95070 PROJECT DIRECTOR: PROJECT NAME: Genie Dee, Executive Director Saratoga Adult Care Center CDBG FUNDS REQUESTED: ALL OTHER FUNDS (EST): $36,288 $164,830 TOTAL PROJECT COST: $20],]]6 PART I. PROJECT GENERAL DESCRIPTION 1. PROJECT DEVELOPMENT (provide a brief description of proposed project): . 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. 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 Adult Care Center's main objectives are to prevent or delay institutionalization of the frail elderly, enable them to remain in their homes for as long as possible and improve the quality oflife 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 OUTS. In a recent report to the City Council, we noted that the Saratoga population aged 75+ is expected to increase 10% by 2008. The Saratoga Adult Care Center opened in January 1988 and has steadily increased in nnmber of days open from two at the onset to five full days weekly by February 1994. During this time, the average number offamilies 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 Lìcensing for 30 participants per day, the Center serves 20-2] participants per day. 'This assures each participant plenty of one-on-one time with our assistants and volunteers. C:\My Documents\GrantsICDBGICDBG ACC oper W·OS.doc Page 3 . . . 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 of the 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 full-time Program Manager oversees activities, entertainment and projects with the help off our part-time Program Assistants. The staff is higWy 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. 2. PROJECT PURPOSE AND OBJECTIVE: The Saratoga Adult Care Center is a Social Adult Day Program, which has provided a safe and stimulating environment for frail elders and respite for caregivers for the past fifteen years. The program is open Monday through Friday from 10 a.m. to 3 p.m. Since the program serves mostly low-income elders, requests for funding are made to numerous sources in order to subsidize this fast-growing population of elders. Adult Day Care Services are an ideal way to care for the needs of frail seniors, often eliminating the need for institutionalized care and reducing care costs for both the families and the community as a whole. The project will provide over 2,820 hours of paid services to approximately 60 participants (clients) over a one-year period. This project will serve several purposes that include: (1) Provide respite care daily to 20 frail and less independent participants from the West Valley Area of Santa Clara County. (2) Prevent or delay institutionalization of individuals who require considerable personal assistance. (3) Provide socialization, instruction and structured activities such as exercise, crafts, skill development and nutritious meals daily for the less independent elderly in a licensed care facility. (4) Continue to facilitate caregiver support groups twice montlùy in cooperation with the Alzheimer's Association and provide similar support services to local churches and civic organizations of the West Valley area. (5) Provide respite and improve quality of life for caregivers and eliminate or delay the high emotional and financial cost of custodial care. (6) Continue utilizing volunteer services to help contain Center costs. (7) Maintain maximum enrollment of approximately 40 participants each month. (8) Increase funding base through local resources, participant fees and fund raising events in an effort to reduce dependence on City and county funding. Due to the low-income status of the population served and the service-intensive nature of the program, becoming self-supporting is not feasible. C:\My Documents\Grants\CDBG\CDBG ACC oper 04-05.doc Page 4 ---------- 3. AGENCY DESCRIPTION - In addition to describing tbe types/quantities of services currently provided, please provide: a. Agency's organizational structure (Attachment "A") . b. List of current board of directors (Attachment "B") c. ArticJes ofIncorporation and bylaws (Attachment "C") d. Copy of adopted personnel policies and procedures (Attachment "D") e. Verificatjon and documentation of Internal Revenue Service nonprofit status (Attachment "E") f. Brochures, flyers, promotional infonnation 4. PROJECT MANAGEMENT: The SASCC Board of Directors and the Adult Care Center Advisory Committee oversee the services provided by the Saratoga Adult Care Center. The Program Manager is responsible for the day-to-day operations of the Center and reports directly to the Executive Director. AU the staff at the Saratoga Adult Care Center are employed by the Saratoga Area Senior Coordinating Council and paid through a payroll system administered by SASCC. The Adult Care Center employs 2 full-time and five part-time employees. The Program Manager is responsible for scheduHng all activities, special events and c1asses for the participants. She provides directs the center, leads many of the activities and oversees the Clerical Assistant, Social Worker, and the three Program Assistants who also run activities and assist participants with projects, meals, toileting and any other special needs that may anse. . Along with the Executive Director, the Program Manager evaluates the needs of new potential c1ients, develops Care Plans, maintains ongoing progress reports, and works with families.The program provides exercise routines, memory training and stimulation through travelogues, crafts, music, a variety of entertainment, current events, discussions and directed conversation. Special adaptive exercises and physical skill training are focused on participants who need help with any personal disabilities (e.g. stroke, aphasia, Parkinson's.) Healthy snacks and a full nutritious meal are served daily. Volunteers and instructors assigned by West Valley College augment the activities and help expenses at a minimum. The Executive Director and Program Manager maintain strong public relations with local, county and state senior organizations and participate in required trainings. They are involved with pubHc speaking engagements, organizational networking and other important community events. These efforts have resulted in a highly visibj]ity program with census levels currently at an all-time high. 5. FINANCIAL INFORMATION (Certified audited statement, Dot more tbaD twelve montbs old): Please refer to the Program Budget sheet in which we request $36,286 to support a portion of the total operating costs of the Saratoga Adult Care Center program including salaries, . organization costs, training expenses, audits, insurance, mileage expense and necessary licenses and memberships. With intensive volunteer and fund raising efforts, this program creatively stretches its revenues. The budget is tightly contro]]ed and the Finance C:\My DocumentslGrantslCDBGICDBG ACC oper 04-05.doc PageS . . . Committee, Advisory Committee and Board of Directors of the Corporation review expenses monthly. Rent, utiHties and janitorial services are provided in-kind by the City of Saratoga. The City's support remains as a significant factor in our organization's success. Currently, 51 % of the participants in the Adult Care Center have low or very-low incomes. On average, their daily payments are subsidized by $25.20 ($24.80 average cost per participant per day). With the efficient use of1imited resources, the cost of the program is factored at $10 per hour per participant or $50 daily. This is considerably less than in-home or nursing care for an individual who might otherwise require public support. Funds are requested from the City of Saratoga to partial1y underwrite the programs and services to our participants. In addition, the Saratoga Adult Care program gains support from fund ralsmg and marketing efforts as wel1 as broad marketing appeals. On-going efforts to involve businesses and community service groups result in additional contributions of time and sponsorship. The Assistance League of Los Gatos-Saratoga provides volunteer labor to prepare our lunches four days per week, greatly subsidizing the lunch cost and providing appetizing meals which lift the spirits of participants. SASCC's Endowment Fund provides monthly al1ocations to supplement deficits when necessary. 6. ACCOMPLISHMENTS OF PREVIOUS VERY LOW INCOME AND LOW INCOME HOUSING PROJECTS (if applicable): Not applicable. 7. DESCR1BE YOUR RELOCATION PLAN, IF APPLICABLE: Not applicable. PARTll. BUDGET (provide a detailed description of your overaIl budget and separately provide a detailed account of bow you plan to use tbe requested CDBG funds): See Exhibits C and D and Attachment F. C:\My Do<:uments\Gr.mts\CDBG\CDBG ACC uper 04-0S.duc Page 6 CITY OF SARATOGA COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FY 2004-2005 . APPLICATION SUMMARY Name and Address of Applicant Organization: Project Match, Inc. 512 Valley Way Milpitas, CA 95035 Name and Location of Project: Saratoga Senior Group Residence Rent Subsidy Please complete questions 1 - 8 for ALL projects: 1. Total amount of CDBG Funds requested and percentage of total cost: $33,990(41%) 2. Total project cost (all sources) $82,087 3. Number of paid staff for CDBG funded project .04 FTE 4. Number of volunteer stafffor CDBG funded project: o .22% (indirect costS). 5. Percent of budget for administration (of project) 6. Anticipated cost per housing unit or per client $6,798 per client 7. Amount CDBG funds requested last year $33,000 8. Amount CDBG funds received last year $ 33,000 For Category I project only, (acquisition of new construction) 9. Number of affordable units* in project: 10. Anticipated date of occupnacy: * Units affordable to very low and low income individuals or families paying no more than 30% of household income. . · · · CITY OF SARATOGA PROGRAM YEAR (FY 2004-2005) PROJECT PROPOSAL APPLICANT ORGANIZATION: NAME: ADDRESS: CITY: TELEPHONE: ProjectMatch, Inc. 512 Valley Way Milpitas 408-416-0271 ZIP 95035 PROJECT DIRECTOR: Bob Campbell PROJECT NAME Saratoga Senior Group Residence Rent Subsidy CDBG FUNDS REQUESTED: $33,990 ALL OTHER FUNDS (EST): $48,097 TOTAL PROJECT COST: $82,087 PART 1. PROJECT GENERAL DESCRIPTION 1. PROJECT DEVELOPMENT (provide a brief description of proposed project): 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 to provide affordable housing for 5 senior citizens. Housing is defined as affordable according to HUD if the rent does not exceed 30% ofthe 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 oftbe expenses to operate the house wi11 be paid using tbe 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 is 1991. The goal is to provide safe, affordable housing with supportive services that enhance the abilities of elders to live fully and well. 2. PROJECT PURPOSE AND OBJECTIVE: Our Saratoga Senior Group Residence Rent Subsidy Program we will serve seniors 55 years of age and older who have low-incomes. This project wi11 continue to create an environment that honors people as individuals and to develop relationships tbat provide a sense of security, place and self worth. The Saratoga Senior Group Residence Rent Subsidy Program wi11 provide shared housing for seniors in a single family home located on 20281 Blauer Dr. a five bedroom in the City of Saratoga. We have partnered with the City to operate our Saratoga Senior Group Residence Rent Subsidy Program since 1991. We wi11 act as property manager of the group residence and coordinate all placement opportunities. Our Senior Group Residence Program has proved extremely successful in helping seniors experiencing depression that results from tbe isolation ofliving alone, and has served as a model for otber such programs throughout the nation. The Occupancy Rate at our Saratoga Group Residence is 95% this year. We wjlJ also offer on-going case management services to all residents in the home. Case management services facilitate a positive living experience for the residents on three levels: First, the Case . Manager gets to know each person individually, offers on-going needs assessment, monitors the resident's health, acquires needed services, and generally helps ease that person into a shared living arrangement through emotional support. Second, the Case Manager works with the group as a whole, providing conflict resolution, teaching socialization skills where necessary, and helping the residents create a warm and comfortable community of friends. Finally, the Case Manager serves as a liaison between the home and the community at-large. The goal is always to create a real home. This means that in addition to helping the residents feel comfortable together, the Case Manager strives to integrate the residents into the neighborhood. Our Saratoga Senior Group Residence Rent Subsidy Program, located on Blauer Dr. will provide affordable housing for 5 low-income seniors 55 years of age or older. Currently the house is at 100% occupancy. The program provides this affordable housing through rent subsidies from the City's Affordable Housing Fund for Low Income Seniors. The house has been leased from a private owner for this purpose since 1991 and, since that time, the City of Saratoga has provided rent subsidy to help Project Match cover the cost of the lease obligation. The total cost of Project Match's rent obligation under the lease is $33,990. The owner of the property raised our lease payment by 3% beginning July 1,2004 and as a result our lease went from $33,000 to $33,990. Therefore the $33,990 requested wjlJ be used to cover the cost oflease payments charged to Project Match through the long-term lease with the owner of the Blauer house. Project Match continues to be committed to partnering with the City of Saratoga to maintain affordable housing for low-income seniors in our community. Objectives: 1. Priority for occupancy will be given to low-income seniors living or having families living in the . City of Saratoga. 2. Shared housing will be provided for low-income Males or Females, 55 years of age or older. All individuals living in and applying for vacancies in the house will be functionally independent (physically and emotionally). 3. Low-Income limits for those who will be eligible for 2004-2005 will be as follows: . Maximum $51,950 (80% of median) annual income for one person 4. No resident wjlJ pay more than 30% of their income on rent 5. The house will provide housing for 5 seniors and will operate at a minimum 95% occupancy rate over the period July 1, 2004 through June 30, 2005. 6. A minimum of 180 hours of case management support services will be provided to residents 3. AGENCY DESCRIPTION - In addition to describe the types/quantities of services currently provided, please provide: a. Agency's organizational structure, (Attached) b. List of current board of directors, (Attached) c. Articles of Incorporation and bylaws, (Currently on file with the City) d. Copy of adopted personnel policies and procedures (Currently on file with the City) e. Verification and documentation of Internal Revenue Service nonprofit status (Currently on file with the City) . £ Brochures, flyers, promotional infonl1ation (Attached) e e e The mission of Project Match is to help seniors meet their affordable housing and support service needs in our community. During the 1980's Project Match became aware of the alarming increase of depression and suicide among seniors and that those seniors who could connect with other people were generally less depressed. So in the mid 1980's we began our Senior Group Residence Program by renting a six bedroom house in San Jose, furnishing the common areas of the house, installing phone and cable, and renting rooms at affordable rates to seniors. Today we manage 42 units of affordable housing for seniors. The average age of current residents is 70 years; the average income is $995. Rent, inc1uding utilities, phone and cable is just $275 a month. The mission of Project Match provides a comprehensive and holistic approach in helping low-income seniors meet their affordable housing and support service needs. Through our Senior Group Residence Program we address the high cost of rental housing, the lack of an adequate supply of affordable rentals, the negative impacts ofliving alone, and the lack of availability of support services. There are 67,000 seniors in the County whose income, at 35% of the median, is less than $1,250 per month; just about equal to the average cost to rent a one-bedroom apartment. For the majority of this group of seniors truly affordable rentals simply are not available. Twenty-six affordable senior housing developments County-wide provide rentals that cost $650 per month; a rate at which this group seniors would have to pay half their income to afford. It is expected that between 2000 and 2020 the number of seniors who rent will grow by 111 %. This means that the number of seniors needing rental housing will grow by more than 2,000 per year over the next 20 years; twice as fast as renters under the age of 55. Considering that today there are only 2,200 rentals that cost $650 per month the shortage of affordable rentals for low-income seniors is extreme. Vacancies in affordable housing properties are virtually nonexistent and waiting lists are lengthy. None of the 26 senior housing developments mentioned above currently have vacancies yet 13 are accepting applications for their waiting lists. The length of the wait list is between 3 and five years for these facilities. Currently there are 3,900 seniors on the Housing Authority's Section 8 waiting list and they will have to wait between one and five years before they can get an apartment. Approximately 50% of the City of San Jose's subsidized units are in jeopardy of being converted to market rate by 2010. Last year Project Match developed 5 units additional units of affordable housing for very low-income seniors in Campbell. The total project cost just over $750,000. The likelihood ofliving alone increases with age and 25% of seniors 65 or older live alone. One major factor associated with risk of illness, injury and premature institutionalization is living arrangement, particularly living alone. In assessing the social needs of older adults, their living arrangement may dictate the need for additional services. As the number of seniors living alone increases, outreach services, transportation and case management will be key to assist this segment of the population to maintain their independence. In fact the second most often cited need among seniors in the recent Council On Aging (COA) survey was help dealing with agencies; a function of case management. The very limited supply of case management programs is principally the result of insufficient funding. The COA estimates that their Multi Services for Seniors Program meets only 5% of the current need. The mission of Project Match's affordable housing is unique because the housing is provided in a group setting in single-family homes therefore none of our residents lives alone. It is also unique in that case management is provided. Of the 26 senior housing developments mentioned above only 4 offer case management services with their housing and none of the housing is offered in a group setting. We provided over 1,200 hours of direct case management services to our residents last year. Project Match provides a comprehensive and holistic approach in helping low-income seniors meet their affordable housing and support service needs. Through our Senior Group Residence Program we address the high cost of rental housing, the lack of an adequate supply of affordable rentals, the e negative impacts ofliving alone, and the lack of availability of support services. 4. PROJECT MANAGEMENT This project is being supervised by the Executive Director of Project Match. The ongoing operations of the project will be managed by our Operations Director who will be responsible for ongoing property management, i.e., filling vacancies, processing rental agreements, handling repair and maintenance problems and outreach/marketing in the community. The Case Manager will be responsible for ensuring residents have the necessary support to create a home-like environment, create a sense of community in the home and ensure the amiability of COlllilluruty services including health, recreation and socialization. 5. FINANCIAL INFORMATION (Certified audited statement, not more than twelve months old): FY 2002-2003 Audit Attached 6. ACCOMPLISHMENTS OF PREVIOUS VERY LOW INCOME AND LOW INCOME HOUSING PROJECTS (if applicable): Not Applicable 7. DESCRIBE YOU RELOCATION PLAN, IF APPLICABLE: Not Applicable PART II. BUDGET (provide a detailed description of your overall budget and separately provide a detailed account of how you plan to use the requested CDBG funds): A copy of our Saratoga Senior Group Residence Rent Subsidy proposed project operating budget is attached. Project Match operates only one program The Senior Group Residence Program of which the proposed project is a part. We have a total 00 FTE stafffor our entire agency. We have provided detail on all funding sources for the project. Additionally we have broken out the occupancy expenses on the house. Under the Occupancy Expense category you will see the $33,990 requested will cover our lease expense as described above in the proposal under Part 1#1 PROJECT DEVELOPMENT. e e e CITY OF SARATOGA COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FY 2004-2005 APPLICATION SUMMARY Name and Address of Applicant Organization: Saratoga Area Senior Coordinating Council P.O. Box 3033 Saratoga, CA. 95070 Name of Project: Senior Center and Adult Care Privacy and Storage Please complete questions 1-8 for ALL projects: 1. Total amount ofCDBG funds requested and percentage oftotal cost: $12.500.This represents 3.5% of our 2004-2005 estimated budget for the combined Senior Center and Adult Care Center. 2. Total project cost (all sources): $12.500 . 3. Number of paid staff for CDBG funded project: 3 4. Number of volunteer staff for CDBG funded project: 5 5. Percent of budget for administration (of project): 10% 6. Anticipated cost per housing unit or per client: NIA 7. Amount of CDBG funds requested last year: $13.294 8. Amount of CDBG funds received last year: $13.294 . For Category I project only, (acquisition or new construction) 9. Number of affordable units* in project: NIA 10. Anticipated date of occupancy: NIA 'Units affordable to very low income and low income individuals or families paying no more than 30% of household income. C:\My Documents\Grants\CDBG\CDBG Storage-Privacy 04-05.doc Exhibit A COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FY 200412005 . AGENCY DESCRIPTION DA TE: Februarv 10. 2004 PROJECT #: APPLICANT AGENCY: PROJECT NAME & ADDRESS: Name: Saratoga Area Senior Coordinating Council Privacy and Storage Proiect Address: P.O Box 3033 19655 AllendaJe Ave. Saratoga. CA 95070 Saratoga. CA 95070 Contact Person Telephone: (408) 868- I 253 emaiJ Address: gdee@saratoga.ca.us FAX: (408) 868-9546 PROJECT DESCRIPTION . We propose to use project funds to: ]. Purchase two fireproof file cabinets for SASCC archive records, to be kept in the storage area off the Saunders room.* 2. Upgrade the lighting in the storage area. * 3. Purchase shelving for the two closets in the modular building, so that computer equipment now in the small room in the modular can be stored there. '4. 19stall accordion door with Jock to better secure stored items. .- '''5. Install a sink in the small room, so it could be used for podiatry appointments. The nurse taking blood pressure could also use this room. 6. Purchase a table, chairs, and a desk for the small room so tax appointments and other appointments requiring privacy could be held there. 7. Purchase a sturdy, waterproof, outdoor cabinet (similar to the existing outdoor cabinet) with a lock and secure to the outer wall of the Adult Care Center patio. 8. Move tablecloths, decorations, and other items that do not require heavi1y secure storage to the new, locked cabinet on the patio outside the ACC (item 6, above); a smaller cabinet can be moved to make room for this larger one. 9. Purchase a large, wooden storage cabinet for craft supplies for the ACC and secure in the main room. *Ifthese are not CDBG-eJigible items, other funds will be used. . C:\My Documents\Grants\CDBG\CDBG Storage-Priva.cy 04-05.doc Page 7 , \ . . . SARATOGA CITY COUNCIL MEETING DATE: March 3, 2004 AGENDA ITEM: ORIGINATING DEPT: Community Development CITY MANAGER: PREPARED BY: Ann Welsh, AICP DEPT HEAD: SUBJECT: Initiation of Annexation Proceedings for Shankar Property, 22461 Mount Eden Road (APN: 503-80-01) RECOMMENDED ACTION: Staff recommends that City Council discuss the subject annexation and direct staff to proceed with the implementation process discussed below. REPORT SUMMARY: The applicant for the property located at 22461 Mount Eden Road has submitted an annexation application. This application is submitted in concert with an application for approval to demolish the existing dwelling and consauct a new single family dwelling on the L89-acre parcel. The subject parcel abuts the municipal boundary and is within the City's Sphere of Influence. Due to the location of the parcel and proposed development, the City policy is to evaluate the annexation. ,/' t -N- /.- * . 300 600 900 1200 1500ft -4:/ ., J W 1.........1 / City Council Report - Shankar Annexation March 3, 2004 DISCUSSION: The Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 (the Act) provides that cities in Santa Clara County may proceed independently of the (Local Agency Fonnation COmmissjon) LAFCO m processmg annexation applications within the City's urban service area. (Government Code § 56757.) The Act requires, however, that the City follow the procedures used by LAFCO to the maximum extent practicable. (See Government Code § 56757.) The Act establishes a three-part process for annexations: (1) Initiation of Annexation (see Gov't Code §§ 57000(a) and 56650 et seq.); (2) Protest Proceedings (see Gov't Code 57000 et seq.); and (3) Approval of Annexation (see Gov't Code § 56757). Initiation of Annexation 1. Preparation of Supporting Documents. The Act and other state laws require that annexation proponents prepare a number of documents as part of the annexation process. Before commencmg with public hearings, staff will prepare or cause to be prepared these documents. The documents fall m three categories: a service plan, LAFCO materials, and the California Environmental Quality Act. These are described below. A. Service Plan. Government Code sections 56653 and 56700 requires that all annexations begin with a proposed service plan for the area to be annexed. The plan must mclude the following components: i. A description of the land to be annexed mcluding a map prepared by the City Surveyor; ii. A list of the organizational changes proposed (in this case, annexation to the City and perhaps City assumption of public services currently provided by special districts. Staff has not yet ascertained what, if any, districts would be affected by this proposal); iii. The reasons for the proposal; iv. A listing and description of the services to be provided to the annexed lands together with a discussion of the level and range of services to be offered; v. An mdication of when the services listed can feasibly be extended to the annexed lands; vi. An mdication of any improvement or upgrading of structures, roads, sewer or water facilities, or other conditions that the City would impose or require on the annexed lands; and vii. 1ruonnation on how the services to be provided would be financed. B. LAFCO Materials. Cities m Santa Clara County proceeding independently of LAFCO are required to make the findings listed below before approving an annexation. (See Gov't Code 56757(c).) Although the fonnal fmdings need not be made until the end of the process, staff believes it is prudent to prepare the documentation necessary to support the fmdings before embarking on the public review process. The City will be required to make the following findings. Each 20f6 t ¡ . . . , e finding is followed by a brief description of the process staff will use to develop the information available. e i. That the unincorporated territory is within the urban service area of the city as adopted by the commission. Staff has confirmed that this is the case for the affected properties. ii. That the counry surveyor has determined the boundaries of the proposal to be definite and certain, and in compliance with LAFCO's road annexation policies. The ciry shall reimburse the counry for the actual costs incurred by the county surveyor in making this determination. The City Surveyor must prepare this information for review by the County Surveyor. ill. That the proposal does not split lines of assessment or ownership. Staff will work with the County Assessor's office to obtain confirmation of this fact. iv. That the proposal does not create islands or areas in which it would be difficult to provide municipal services. Staff has reviewed the geography of the proposed annexation and concluded that it would not create an island or present difficulties in providing municipal services since the majority of services will remain the same. Typically an annexation in the middle of a block would create difficulties for emergency service response as to what jurisdiction is responsible. Because of the unique situation, that the City of Saratoga service contractors are the same as the County, it will reduce impacts of providing services. v. That the proposal is consistent with the adopted general plan of the city. The land use designation for the lands to be annexed is RHC (Residential Hillside Conservation); this is consistent with the existing uses of the lands to be annexed. The land has been prezoned Hillside Residential which is consistent with the General Plan designation and the surrounding zoning. The General P Ian provides that lands in the hillsides should be considered for annexation if they meet the following General Plan Policies: LU.1.1 Lands shall not be annexed to Saratoga unless they are contiguous to the existing City Limits and it is determined by the City that public services can be provided without unrecoverable cost to the City and dilution of services to existing residents. LU.I.1 (Imp) Annexation proposals shall be carefully studied to determine their economic and urban service impacts to the City. e Staff has discussed this annexation with the City geologist and a geotechnical report has been prepared for the proposed house. The geologist expressed concern with annexation of Mount Eden Road, which provides frontage for this parcel. The geologist recommended eliminating the road from the annexation process, since the long-term maintenance of the road could be costly due to underlying instabi1ity. 30f6 \ / vi. That the territory is contiguous to existing ciry limits. Staff has confirmed e this fact and will be obtaining a report from the City Surveyor. VÜ. That the city has complied with all conditions imposed by the LAFCO for inclusion of the territory in the urban service area of the city. Staff is investigating the conditions that were imposed at the time the urban service area was approved to confirm that the City has complied. C. California Environmental Quality Act. Annexations are projects subject to the environmental review requirements of the California Environmental Quality Act (CEQA). In this case it appears that the annexation would be exempt from CEQA review pursuant to section 15319 of the CEQA Guidelines. That section provides that annexations are categorically exempt from CEQA review if they include only existing structures developed to the density allowed by the current zoning or pre-zoning of either the gaining or losing governmental agency whichever is more restrictive. Staff is confirming that this exemption applies. If an exemption is not available, a negative declaration would likely be required; this would require a total of three months for preparation and public review prior to the City's final action. 2. Notice to Affected Agencies. The Act requires that notice of pending annexations be given to all agencies potentially affected by the annexation. (See Gov't Code 56654, 56658(b ).) In this case the County may be the only such entity. Staff is determining whether there would be any other agencies. This notice would be sent at least 21 days prior to the date proposed for Council action on the determination to initiate proceedings and may be sent before completion of all the items listed above. e 3. Determination to Initiate Proceedings. Based on the background information prepared by staff and the comments of any affected agencies the Council would determine whether to formally initiate annexation proceedings. This would occur at a regular City Council meeting to be scheduled as soon as possible following completion of the items described in item 1, above. Waiver of Protest Proceedings The city may waive the protest proceedings if the following criteria can be met: 1. All owners of land within the affected area consent to annexation and the area is considered uninhabited (an area with less than 12 registered voters). The Shanker annexation falls into this category since the applicant has applied for annexation and the pared is an area with less than 12 registered voters. 2. All affected agencies that gain or lose territory give consent to waiver of protest proceedings. Written consent from the county to waive protest proceedings will be requested. e The city must give the county mailed notice of the filing of petition or resolution of application initiating annexation proceedings by the city. The city shall not take any action on the resolution of application initiating proceedings for 10 days following the mailing. The county 40f6 . e e e during the ten·day period may through a written demand request the city to make determinations on the proposal only after notice and hearing. If no written demand is filed, the city may make determinations without notice or hearings. Annexation Approval If there are no protests then City Council must adopt a resolution ordering the annexation. The resolution must contain the findings specified in Government Code section 56757 and discussed above. Following adoption of the resolution, staff would file the resolution and relevant supporting documents with LAFCO and the annexation would be complete. The timeline below is an estimate based on the services of several consultants and working with other agencies. It may proceed more quickly or slower based on individual responses. Annexation Timeline March April Mav June July 4 weeks 4 weeks 2 Weeks 2 Weeks 2 Weeks Service Plan Countv Review Respond to Notice of filinQ Approve Annexation Survey Map Countv Comments GeoioQv Report No written demand for notice or hearinQ 3 Months CEQA, if not exempt FISCAL IMPACTS: The following list of fees is an estimate. Additional fees may be required as the process continues. LAFCO processing fees·........·...·..·.............·.......·.....$340 State Board of Equalization fee based on less than 5 acres....$350 Reimbursement of the County Surveyor..............·.........· Unknown City Staff time......·................·............·..·....·.......... 60 hours City Surveyor·..·....·....·..............·..·................·....·..· $5,000 City Geologist......................·..·....·....·..·_............·..· $5,000 CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: Staff will proceed with the annexation as directed by Council. ALTERNATIVE ACTION: NIA FOLLOW UP ACTION: 50f6 At the ditection of Council Staff will proceed. ADVERTISING, NOTICING AND PUBLIC CONTACT: The item has been placed on the City Council Agenda, noticed and posted pursuant to Government Code 54954.2. ATTACHMENTS: None 60f6 \ ! e e e ¡ t e e . RESOLUTION NO. 04- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA INITIATING ANNEXATION PROCEEDINGS OF THE PROPERTY LOCATED AT 22461 MOUNT EDEN ROAD AND SETTING A DATE FOR A PUBLIC HEARING TO CONSIDER AND ACCEPT PROTESTS OF SAID ANNEXATION WHEREAS, the City Council is considering the annexation of a parcel of land located at 22461 Mount Eden Road contiguous to the City of Saratoga in order to provide for use of City services and to apply the terms of the City General Plan and City Code; and WHEREAS, the City of Saratoga City Council has determined the project to be exempt from the California Environmental Quality Act CEQA pursuant to section 15319 of the CEQA Guidelines; WHEREAS, as provided in Government Code Section 56757, the City Council of the City of Saratoga is the conducting authority for the annexation; and WHEREAS, the proposed property to be annexed on Mount Eden Road is located in the City of Saratoga's Urban Service Area and Sphere of Influence and is Pte-zoned Hillside Residential; and WHEREAS, the City has consulted with the Santa Clara County Registrar of Voters and determined that said territory has two registered voters and is therefore considered uninhabited for the purposes of annexation proceedings; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Saratoga hereby initiates annexation proceecUngs and will consider annexation of the territory known as Assessor's Parcel Numbers 503-80-01 at 22461 Mount Eden Road to the City at a public hearing on the proposed annexation on May 5, 2004; and BE IT FURTHER RESOLVED that the City Council of the City of Saratoga hereby directs the City Clerk to issue all required notices regarding the public hearing described above. The above Resolution was passed and adopted at a regular meeting of the City Council of the City of Saratoga held on the 3rd day of March 2003 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Ann Waltonsmith, Mayor ATTEST: Cathleen Boyer, City Clerk . þ . . . SARATOGA CITY COUNCIL MEETING DATE: 5 a March 3, 2004 AGENDA ITEM: ORIGINATING DEPT: Community Development CITY MANAGER: PREPARED BY: Thomas Sullivan, AICP DEPT HEAD: SUBJECT: 1. Amendments to Article 14, 15 and 16 related to the various sections that deal with storm water runoff (NPDES). Amendments to the Subdivision Ordinance (Article 14) sections that deal with Lot Line Adjustments. Amendments to Article 14 to remove remaining sections dealing with Bnilding Site Approvals (BSA) from the Subdivision Ordinance. 2. 3. RECOMMENDED ACTION: Conduct the Public Hearing, Adopt the Resolution granting Negative Declaration of Environmental Impact, waive First Reading and direct Staff to place the Ordinance on the March 17, 2004 Council Meeting Consent Calendar for Second Reading and Adoption. REPORT SUMMARY: On January 14, 2004 the Plarming Commission conducted a Public Hearing and adopted Resolution #04-002 recommending the City Council make the following amendments to the Saratoga City Code. PART ONE - STORM DRAIN AMENDMENTS The Subdivision, Zoning and Building sections of the Saratoga Municipal Code contain sections dealing with storm water. The current sections are not consistent with the provisions of the Santa Clara Valley Urban Runoff Pollution Prevention Program (NPDES) requirements. The following proposed amendments would make the codes consistent with the program requirements. The City's C-3 Permit to drain to Urban Runoff to San Francisco Bay requires that we implement pollution prevention programs. Chapter 14 SUBDIVISIONS Article 14-20 PROCEDURES FOR TENTATIVE APPROVAL 14-20.040 Contents of application. . . , (n) All provisions for sewage disposal, storm drainage and flood control, which are proposed by . the applicant. Disposition of on-site storm water shall be consistent with the requirements of the Santa Clara Valley Urban Runoff Pollution Prevention Program as defined in Article 15- 06 of the Zoning Code. Article 14-30 IMPROVEMENT REOUlREMENTS 14-30.030 Storm water and sewage. (a) General requirements. Subterranean storm drains shall be designed and installed by the subdivider or owner to adequately and safely drain all storm waters of the subdivision or site, and all surface waters reaching or reasonably calculated to reach the subdivision or site from areas outside of its boundaries. All drainage plans shall be consistent with the requirements of the Santa Clara Valley Urban Runoff Pollution Prevention Program as defined in Article I5- 06 of the Zoning Code. In order to ensure compliance wiih the program, grading plans shall incorporate appropriate source control and site design measures that minimize storm water pollutant discharges to the maximum extent possible. ,and to ultimately àrain the same to a natUi'al watereOUi'se. Draiaage to a watereourse shall be Ðither by the direct disehæ:ge Îflto the same, or by cO!IÐ.ection '.vith adjaeeat Existing storm drains already discharging into a watercourse shall be aÐd of a capacity sufficient, in the opinion of the City Engineer, to adequately and safely carry all of such additional drainage generated by the development. The storm drain system shall consist of mains of not less than twelve inches in diameter, together with such manholes, catch basins, laterals and other stmctures, and at such grades, as required by the City Engineer to conform to good drainage requirements for the area and topography of the . subdivision or site to prevent standing or flooding waters within and outside of its boundaries. In addition, the subdivider or owner shall comply with all conditions of the water district as may be imposed by any permit required to be obtained from such district in order to discharge said waters into a watercourse. Chapter 15 ZONING REGULATIONS Article 15-06 DEFINITIONS I5-06.581 Santa Clara Valley Urban Runoff Pollution Prevention Program. "Santa Clara Valley Urban Runoff Pollution Prevention Program" means the policies and directives adopted by the Santa Clara Valley Urban Runoff Pollution Prevention Program effective [insert adoption date] and on file in the Community Development Department. Article 15-21 MU-PD: MULTIPLE USE PLANNED DEVELOPMENT DISTRICT 15-21.140 Final development plan. (7) All provisions for sewage disposal, storm drainage and flood control which are proposed by the applicant, including the approximate distance to and location of the nearest storm drainage and sanitary sewer main lines. Disposition of on-site storm water shall be consistent with the requirements of the Santa Clara Valley Urban Runoff Pollution Prevention Program. . Article 15-46 DESIGN REVIEW: MULTI-FAMILY DWELLINGS AND COMMERCIAL STRUCTURES 2 of 13 . 15-46.030 Application requirements. (a) Application for design review approval shall be filed with the Planning Director on such forms as shall be prescribed. The application shall include the following exhibits: (5) Engineered grading and drainage plans, including cross sections if the structure is to be constructed on a hi11side lot. Disposition of on-site storm water shall be consistent with the requirements of the Santa Clara Valley Urban Runoff Pollution Prevention Program. Article 15-80 MISCELLANEOUS REGULATIONS AND EXCEPTIONS 15-80.035 Requirements for basements and ligbtwells. The following requirements shall apply to basements in any A, R-l, HR, R-OS or R-M district, with the exception of requirements (d) and (e) below, which shall apply to all districts: (e) Applicant shall submit to the Planning Department a grading and drainage plan stamped and signed by a registered civil engineer. Water collected from a basement shall either be transported to a nearby city storm drain inlet or to another drainage facility. The method of drainage shall be reviewed and approved by the Community Development Director and the Public Works Department. Disposition of on-site storm water shall be consistent with the requirements of the Santa Clara Valley Urban Runoff Pollution Prevention Program. The size of a proposed basement may be limited based on drainage issues or issues raised in the geologic and geotechnical reports. (Ord. 209 § 2 (part), 2002) . Chapter 16 BUILDING REGULATIONS Article 16-15 BUILDING CODE* 16-15.180 Section 3315 of Appendix Chapter 33 is amended concerning drainage and terracing. Subsections (f) and (g) are added to Section 3315 of Appendix Chapter 33 to read as follows: (f) Each lot and building site shall be graded to drain all storm and other surface waters to the nearest storm drain or other drainage outlet approved by the building official. All runoff from roofs, decking, paving and other surface water collectors, whether natural or artificial, may be required by the building official to be centrally collected and drained through enclosed pipe or other conduit to onsite or off-site drainage outlets or storm drains. Disposition of on-site storm water shall be consistent with the requirements of the Santa Clara Valley Urban Runoff Pollution Prevention Program as defined in Article 15-06 of the Zoning Code. PART Two - LOT LINE ADJUSTMENTS . Staff is proposing amendments to the Lot Line Adjustment section of the Subdivision Ordinance to further strengthen the provisions of the ordinance so that the Lot Line Adjustment process is not used to create additional buildable subdividable sites. The proposed language is fashioned after a recently adopted County of Santa Clara ordinance aimed at providing some greater measure of hi11side protection. The basic tenets of the proposed changes is to ensure that the Lot Line Adjustment process is not abused and is not used to create new building sites. In addition, the Assistant City Attorney has recommended some changes to the Lot Line 30f13 Adjustment regulations in order to establish consistency with Government Code Section .. 66412(d) as amended by SB 497 (Chapter 873 of the Statutes of 2001) and address other .. technical legal items. Chapter 14 SUBDIVISIONS 14-10.170 Lot Line Adjustment. "Lot line adjustment" means the relocation of an existing lot line between four or fewer existing adjoining lots betwee¡¡ two or more adjace¡¡t parcels, where the land taken from one lot pareef is added to an adjoining lot pareef and where a greater number of lots parcels than originally existed are j¡¡ not thereby created. 14-10.210 Parcel map. "Parcel map" means a final map for a single lot or building site or &-let line adjuGtme¡¡t or reversion to acreage pursuant to this Chapter. 14-10.320 Subdivision. (a) "Subdivision" means the division, by any subdivider, of any parcel or parcels of improved or unimproved land, or any portion thereof, shown on the latest equalized County assessment roll as a single unit or as contiguous units, for the purpose of sale, lease, financing or construction of improvements thereon, whether immediate or future. Property shall be considered as contiguous units even if separated by roads, streets, utility easements or railroad rights-of-way. "Subdivision" includes a condominium project, as defined in Section 1350 of the State Civil Code, a community apartment project, as defined in Section 11004 of the State Business and Professions Code, or the conversion of existing dwelling units to a stock cooperative, as defined in Section 11003.2 of the State Business and Professions Code. "Subdivision" also includes any division of1and by gift, inheritance, or partition in kind, and any transfer of land from one parcel to another pursuant to a lot line adjustment. . [Subsection (b) of Section 14-10.320 is not amended.] 14-50.010 Purpose Lot line adjustments are intended to provide practical flexibility for minor alterations of existing parcels and/or improved lot design. The lot line adjustment procedure authorizes property liners) between 4 or fewer existing adjoining legal parcels to be altered so long as no additional parcels are created and all other state and local requirements are met. 11 50.010 14-50.0I5 Application. Application for a lot line adjustment shall be filed with the Community Development Director on such form, as he or she shall prescribe. The application shall be signed by all parties holding an ownership interest in any the owners ef all properties which are the subject of the proposed lot line adjustment. The Community Development Director shall examine the application and shall not fI€€€J* file the same until all of the requirements of this Article with respect to the form and content of the application and the documents to be submitted therewith have been fully satisfied and all fees and costs due and payable at the time of filing the application have been paid in full. The time of fiJjng the application shall be the date on which the application is acccptodfound by 4 of 13 . e e e the Community Development Director asto being complete. (Amended by Ord. 221 § 2 (part), 2003) 14-50.020 Contents of application. The applicant shall submit eighteen copies of a scale drawing showing the proposed lot line adjustment, prepared by a registered civil engineer or land surveyor. Such drawing shall have a dimension of not less than eighteen inches by twenty-six inches, and the scale thereof, based upon the combined area of all properties which are the subject of the lot line adjustment, shall be as follows: one inch shall be equal to twenty feet for two acres or less; one inch shall be equal to fifty feet for two acres through twenty acres; and one inch shall be equal to one hundred feet for over twenty acres in area. The drawing shall contain, or shall be accompanied by, the following information: (a) The existing lot lines of all properties which are the subject of the lot line adjustment and tbe name of any existing recorded maps applicable to such properties, the date of recording such maps, and the book and page of the offIcial records where such maps are recorded. (b) The proposed lot lines and the dimensions of the lots as reconfigured by the lot line adjustment, including frontage, width, depth and area in square feet. ( c) Date of preparation, north point and scale. (d) A key map showing adjacent contiguous property on all sides, giving location, names and widths of adjacent rights-of-way. (e) Name and address of record owners of all properties which are the subject of the lot line adjustment and the name and address of the civil engineer or land surveyor who prepared tbe drawing. (f) Locations, names, widths, centerline radii and centerline slopes of all streets within or adjacent to the subject properties. (g) Existing contours of the subject properties, expressed in intervals of five feet, together with a calculation of the average slope of each property, as determined in accordance with Section 14- 10.280 of this Chapter. (h) Location and description of all existing buildings and structures upon the subject properties. (i) Location and character of all existing easements. (j) Existing use or uses and zoning classification of each property having a lot line to be adjusted. (k) Location of all creeks, streams and other watercourses, showing top of existing banks and creek depth. (1) A certification from the owner of each affected parcel documenting ownership of the parcel and certifying owner's right to authorize the lot line adjustment. Said certification shall attach a preliminary title report or comparable document issued within ten days from the date of filing the application by a reputable title company doing business in the County issued to or for the bonefit of the City and showing all parties having any interest in the subject properties. (m) In addition to the foregoing, the Community Development Director may require the applicant to submit such additional documents, information and materials as the Director deems necessary for the review, processing and evaluation of the proposed lot line adjustment. If any such additional documents, information or materials are required, the Director shall so advise the applicant in writing within thirty days from the filing oftbe application. (Amended by Ord. 221 § 2 (part), 2003) 14-50.030 Investigation and report by Community Development Director. 5 of 13 (a) The Community Development Director may transmit a copy of the application to such .- persons and agencies as he or she may deem appropriate for review and recommendations ., thereon, including, but not }jmited to, the Health Officer, the Santa Clara Valley Water District, the sanitation and fire districts having jurisdiction, and any utility companies serving the area in which the subject properties are located. (b) Upon receipt of any recommendations from the persons and agencies referred to in subsection (a) of this Section and completion of his own review and analysis of the application, the Community Development Director shall cause a written staff report to be prepared and submitted to the advisoty agency and shall furnish the applicant with a copy of such report not later than three days prior to the date on which the application is first considered by the advisory agency. (Amended by Ord. 221 § 2 (part), 2003) 14-50.035 General Plan and Zoning Requirements and Criteria The requirements and criteria in this section apply to the determination of whether or not the parcels resulting from a proposed lot line adjustment will conform to the minimum lot size and development density requirements of the Ge11eral Plan and Zoning Ordinance. This section does not contain a complete list of General Plan and Zoning Ordinance requirements that may apply to lot line adjustments. (a) All lots resulting ji'Oln a lot line adjustment shall comply with the applicable General Plan and Zoning Ordinance. The General Plan will prevail if there is any need to harmonize General Plan and Zoning Ordinance density or minimum lot size designations for the subject lots. (b) A "substandard lot" is defined for the purposes of this chapter as a lot that does not meet the minimum lot size requirements of the General Plan and Zoning Ordinance designations applicable to the property. (c) If any lot resulting from the proposed lot line adjustment would be substandard, the lot line adjustment may only be approved if the lot line adjustment would not cause or contribute to an increase in allowable density beyond or reduction (or further reduction) in minimum lot size below, that authorized by the General Plan designation and Zoning Ordinance when the lot line adjustment application was deemed complete. Lot line adjustments involving a substandard lot that falls into one or more of the following categories are presumed not to cause or contribute to an increase in allowable density or reduction (a further reduction) in minimum lot size and may be approved if the approving authority makes all of the required findings in this section and in Section 14-50.040. Category I - No increase in number of Developable Lots (1.) No substandard lot is reduced or further reduced in area; and (2.) Each adjusted lot retains at least 90 percent of the real property included in the lot prior to the proposed lot line adjustment; and (3.) The lot line adjustment would not result in any additional developable lots or a greater allowable density than prior to the lot line adjustment. In determining if a lot is developable, the lot must meet at least one of the following criteria. 60f13 e e e (i) (ii) (iii) Contain a legal dwelling constructed pursuant to and in compliance with a validly issued Design Review and subsequent Building Permit; or Be subject to an unexpired Design Review approval and or Building Permit; or Be a whole lot on a numbered tract map or parcel map issued pursuant to a legal subdivision. Category 2 - Curing an encroachment or setback violation for existing legal structures. A lot line adjustment curing an encroachment or setback violation on a substandard lot qualifies under this subsection if the approving authority finds that the proposed lot line adjustment involves only two lots and its sole purpose is to cure or partially cure an encroachment or setback violation involving the following types of improvements that were legally constructed 01' partially constructed by or on behalf of a property owner on an adjoining lot. (I.) A dwelling, building 01' structure that was coltStructed before any permits were required by the City of Saratoga 01' the County of Santa Clara for such improvements; 01' (2.) A dwelling, building or structure for which all legally required permits were issued prior to construction and the improvements were constructed in compliance with all approved plans and permits. e Category 3 - Environmental Impact Avoidance The sole purpose of the lot line adjustment is to reduce or avoid significant environmental impacts such as geological hazards or disturbance of important viewshed, riparian or habitat areas. Where this criterion is the basis for approval, the advisory agency shall first hold a public hearing on the application and make all of the following findings before approving the proposed lot line adjustment. (I.) The lot line adjustment would not result in any additional developable lot or a greater allowable density than legally existed prior to the lot line adjustment. In determining if a lot is developable, the lot must be found to satisfY at least one of the following criteria. i Contain a legal dwelling constructed pursuant to and in compliance with a validly issued Design Review and subsequent Building Permit; 01' ii Be subject to an unexpired Design Review approval and/or Building Permit; or iii Be a whole lot on a numbered tract map or parcel map issued pursuant to a legal subdivision. (2) The lot line adjustment would result in no lot being environmentally inferior and at least one lot being environmentally superior and overall the resulting configuration would better implement the general plan policies as compared to the current lot configuration. (3) The proposed lot design and configuration would optimize general plan conformance and environmental protection and best mitigate environmental impacts in conformance with the general plan. . 14-50.040 Action by Community Development Director; findings. 7 of 13 (a) Within fifty days after the application is accepted as complete, unless such time is extended by mutual agreement of the advisory agency and the applicant, the Community Development Director (or the advisory agency where applicable) shall approve, conditionally approve or disapprove the application and shall report such action to the applicant. A copy of sa.id report shall be kept on file in the City offices for a period of not less than five years, and in all events, until the recordation of a record of surveyor deed, as required under Section 14-50.060, and final acceptance by the City of any public improvements to be constructed by the applicant and termination of the applicant's responsibility to maintain such improvements. (b) The Community Development Director shall not approve a lot line adjustment unless he or she it makes all of the following findings: (1) That the proposed lot line adjustment is consistent with the General Plan and any applicable specific plan. (2) That the proposed lot line adjustment is consistent with the regulations contained in the Zoning Ordinance, the Building Ordinance and this Chapter. For the purpose of this finding, the lot line adjustment shall be deemed consistent if no new violation of such regulations is created by the lot line adjustment, or if the nonconformity created by the lot line adjustment is specifically approved by the advisory agency through the appropriate process, such as the granting ofa variance or use permit under Chapter 15 of this Code or the granting of an exception under this Chapter. (3) That the proposed lot line adjustment will not conflict with easements, acquired by the public at large for access through or use of the subject properties. In this connection, the Community Development Director may grant tentative approval if he finds that alternate easements for access or use will be provided, and that these will be substantially equivalent to ones previously acquired by the public. This subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction and no authority is granted to the Community Development Director or to the Planning Commission Advisory Agency to determine that the public at large has acquired easements for access through or use of any portion ofthe subject properties. (4) The lot line adjustment is between four or fewer existing, adjoining lots. Where an owner of adjoining parcels has previously obtained a lot line adjustment for four adjoining parcels and subsequently requests a lot line adjustment for one or more additional adjoining parcels, a subdivision is required. Where more than one property owner concurrently requests a lot line adjustment for more than four adjoining parcels, a subdivision is required. (c) The Community Development Director shall not impose conditions on its approval of a lot line adjustment except for those conditions which the Community Develòpment Director deems necessary or appropriate for implementation of, and conformity with, any General Plan policies, or any zoning regulations set forth in Chapter 15 of this Code, or building regulations set forth in Chapter 16 of this Code, or to facilitate the relocation of existing streets, utilities, infrastructure, or easements (or other including rights-of-way). (d) In each efthe follo'.ving cases, no lot linc adjustment approval shall be grantcd Ufltil sHch application has received approval by the Planning Commission: (1) .'\ny let line adjustment which does not comply with subsection (13) ofthis Section. (2) f.ny lot lme adjHstment affecting a parcel of land which is dctermined through t13.e Certificate of Compliance precess to have been impr-operly recorded. (de) A public hearing shall be conducted for any lot line adjustment application requiring Planning Commisoion advisory agency approval. pursuant to subsection (d) ef this Section. Notice of the hearing shall be given not less than ten days nor more than thirty days prior to the 8 of 13 e e e . e . date of the hearing by mailing, postage prepaid, a notice of the time and place of the hearing to the applicant and to all persons whose names appear on the latest available assessment roll of the County as owning property within five hundred feet of the boundaries of the subdivision or site which is the subject of the application. Notice of the public hearing shal1 also be published once in the newspaper having general circulation in the City not later than ten days prior to the date of the hearing. (Amended by Ord. 71-154 § 1, 1995) 14-50.050 Expiration of tentative approval; extensions. (a) The tentative approval of a lot line adjustment shal1 expire twenty-four months from the date on which the Community Development Director, advisory agency; (or the City Council on appeal), granted its approval or conditional approval. (b) An extension of the expiration date may be granted by the advisory agency for a period or periods of time not exceeding thirty-six months. The application for extension shall be filed prior to the expiration date, and shal1 be accompanied by the payment of a fee in such amount as established from time to time by resolution of the City Council. Extension of tentative approval is not a matter of right and the advisory agency may deny the application. 14-50.060 Approval and recordation of survey or deed. (a) Prior to the expiration of the tentative approval or extension thereof pursuant to Section 14- 50.050, the applicant shal1 submit to the City Engineer a proposed any required record of survey and a deed, and such other documents as listed in Section 11 10.020 as may be lawfully required under the conditions of the tentative approval. No record of survey shall be required for a lot line adjustment unless required by Section 8762 of the Business and Professions Code. The City Engineer may accept a deed in lieu of a survey where the lot line adjustment involves only the movement of property lines without relocation of any streets, utilities, easements or other rights-of-way. (b) The City Engineer shal1 examine the surveyor deed and accompanying data and shal1 determine: (1) Whether the proposed surveyor deed substantially complies with the tentative approval of the lot line adjustment. by the ad';isory agency; (2) Whether al1 conditions of tentative approval have been completed, or if incomplete, are matters, which are includable in a regular or deferred improvement agreement with the City; (3) Whether al1 provisions of this Chapter and al1 other applicable provisions oflaw have been complied with; and (4) Whether the surveyor deed is technical1y correct. (c) Upon the City Engineer's determination that al1 requirements of this Section have been satisfied, he shall notify the applicant that the surveyor deed has been approved as to form and content. The City Engineer shal1 thereupon cause the surveyor deed to be filed for record in the office of the County Recorder when al1 of the fol1owing conditions as may be applicable have been satisfied: (1) The applicant has executed the City's standard or deferred form of improvement agreement and furnished to the City the security required thereunder. (2) The applicant has furnished to the City the monument bond guaranteeing payment of the cost of setting monuments and such other agreements and bonds as may be required bylaw. 9 of 13 (3) The applicant has furnished to the City the indemnity agreement and insurance policy . required by Section 14-05.055 of this Chapter. (4) The applicant has executed and furnished to the City for recordation any offers of dedication to be made by separate instrument, deeds, or other documents affecting title and relating to the lot line adjustment, together with the applicable recording fees, if any. (5) All required fees and costs have been paid in full to the City, including but not limited to the cost of recordation of the surveyor deed required by this subsection (c). (d) Where an offer of dedication is made in connection with a lot line adjustment, the provisions of Section 14-40.070 shall be applicable to such offer. PART THREE - BmLDING SITE ApPROVALS Last year the Planning Commission and City Council made many changes to the Zoning and Subdivision ordinances of the Saratoga City Code. One of the changes was to remove the entire Building Site Approval process. Somehow between "second-reading" and adoption of the ordinance and its "codification" all of the sections intended to be deleted were retained. I did not notice this until I was reviewing the Subdivision ordinance for an unrelated matter. As such, I am piggy-backing these same deletions on to these new Saratoga City Code amendments. The following sections were intended to be deleted in their entirety but were retained; 14-15.020 Building site approval; requirement and exemptions, 14-45.010 Application for approval, 14- 45.020 Action by City Council, 14-45.030 Completion of improvements and 14-45.040 Waiver of parcel map. e 11 15.Q::W Building site approval; requirement and exemptioBs. No person shall construct any building or structure HfJOR a site, or pa':e any site for off street parl,iRg f-or a RonresideRtial use where the paved surface does er wi1l 0J,ceed ORe thousand square feet, or move aHY building or strncture onto any site, Hntil teHtative aHd [¡na] buildiHg site approval have b eoo granted by the ad':isory agency pursuaRt to this Chflj'Jtor and a final approved parcel mfIj'J has either beeR filed for record iH the office of tho CouRty Recorder or has boon waived in accordance with Section 14 15.010 of this Chapter; provided, ho',vever, no buildiHg site approyal Hnder the Chaptcr shall be required iH any of the following cases: (a) 'Where the ideRtical site is shown as a lot OR a final approved subdivisÌEm mal" recorded withiR fifteeR years prior to the date of applicatien for a building permit. (b) Whore final buildiHg site a]3proval for the identical lot or site has ]3reyiously beeR obtaiHed from the City within fifteæ years prior to the date of application for buildiHg permit, iH accord ..vith such ordiHance requiriHg site approval as was in effect at that time, and a record of sUrley or parcel map is OR file in the offiee of the COURty Recorder evidoHciHg such site appronl. (c) Where the site already has a main structure eKisting themon, which '.vas erected in conformity with all laws and ordinances applicable at the time of its erection, and where the contemplatcd construction consists of the additioR to or eKpansioH of a maiH or accessory structure, or both, where such does not increase the gross floor area ef all strnctures OH the site by fifty perceRt or more ofthe amo\ffit of gross floÐr area immediately prior to such e¡¡pansion. For the purposes of this exem.ptioH, any Ü'KpansioH or addition shall be considered as equaliHg or e¡¡ceeding the fifty . percent limit where the work of cOHstructioH or improvement is done at different time intervals requiring two or mere building permits, within a period of five years after completion ofthe first impFOyem.ont, where ahhollgh each is for a pr-ojoct eNcompassing an addition of loss than fifty 10 of 13 . . . percent of increased floor Mca, but when comàined with other expansions during said five year period of time inc-rease tHe amount of gross floor area of all structures OR the site BY fifty percent or more of tHat amount which existed immediately prior to tHe commoocement of the first of the se'ieral additions or expansions. Nonvithstanding the foregoing provisions of this Paragraph, no l<nÚlding site appr-O':al shall se required under this Chapter in the case of an addition to or expansion of a single family m&in or accessory structure, or Both, 10cateà upon a single lot or pan::el, which increases the gr-oss floor area sy fifty per-cent or more, if all of the following requirements are satisfiod, as determined by the Plar.ning Director: (1) /\11 public utilities ha'le been installed er are readily a','ailable to service the site and will be installed as part of the cxpansion ''vork. (2) If any dedication to the public would have been requircd as a condition f-or building site approval, including, but not limiteà to, dedicatiens for roads, easements or other rights of way, the applicaHt shall h&','e duly cxccateà a writtøn instrumeHt making such dedication. (3) No construction er improvement of any off site public facility is required, including, bm not limitcà to, roads, sewers or utility lincs. (1) If participation by the applicant in any existing or future assessmeHt or impro':ement àistrict would ha'/e beøn required as a condition for building site approval, the applicant shall have executed a written agreement to se participate. (5) Where installation of an early warning fire alarm system would have Been required as a condition of builE!ing site approval unE!er the provisions ef Subsection 11 25.110(b) of tHis Chapter, the applicant shall Have executed a written agreement to install such system. (6) There are no other conditions or circumstances affecting the site er the proposed impro':ements to be censtruc{eà thereen f-or which building site approval unE!er tHis Chapter would be necessary or appropri&te. (d) The rcconstruction of a main or accesseD' structure whicH was originally erecteE! in cORf-ormity ',VitH all laws anE! ordinances applicable at the time of its erectioR and wHich has been destroyed by fire, act of God er otHer calamity, CJwept landslide, earthquake, earth mo\'emeHt, soil instability or fleod. The excmption under tHis ParagrapH sh&lI apply eRly if tHe restoration work is commenced '.yithiR ORe year from tHe time of destructien, UHless an extension for good cause is granted by tHe Planning Director, and SUCH work is prosecuted diligeHtly to completien. The Planning Director or the advisor/ ageRCY may require the preparatioR, appre'/aI and rccordÎHg of a parcel map iR any case where an exemption from building site approval is otherwise ayailable under any provisions of this Section. 14 15.0H) ApplicatioR for appro'laI. Prior to the expiration of tHe tentative b,¡jlding site appreval or CJ¡tension tHereof pursuant to Section 11 20.0S0, tHe owner shall apply for fiRal buildiRg site approYaI by filiRg with the City Engineer all onhe documeRts listed in Sections 14 10.020(a) and 11 10.010(a) oftms Chapter as may be required UHder tHe conditions of the tentative building site approyal. If a final parcel map of tHe baildiRg site is required, &11 of tHe provisions of Artiele 11 10 pertaining to tHe f-orms, content, re'/iew, certification, approyal and recordatieR offiRal maps shall be applicable thereto. 11 15.(}20 f.ctieB by City CeuReil. UpOR reccipt and acceptance by the City ERgineer of &11 documents to be submitted under Section 11 15.010, the City ERgiRoer shall forward tHe applicatioo to tHe City Clerk ',','HO shaH agendize tl1e 11 of 13 matter for the BeJlt available regular meetiBg of the City COlfficil, at which time the Council shall . either gr.¡mt er deny the fifl&1 building site approval and either accept or reject aBY offers øf dedicatiøn. Thepn:JvisioBs of Section 14 40.070 shall apply to any rejected offers øfdedicatieB. The City Council shall ha'¡e power to wai'¡e, modify or substitute Ifficompleted conditions at the time of final approval. 14 4S.030 CompletioH ofimprovemellts. ','lhere final lmilàing site approval has been granted but all improvements have Bot yet been completed, then either all of said improvements shall be cOBstructed and completed prior to the issuance of ¡my building permit or ¡my other permit for the development of the site, or in the alternative, at the option of the City Ceancil, sach impro':ements may be made the sabject matter of a standard form or deferred improvemCf1t agreement, to be completed at a point iB time after the issuance of aBY bHildiH';:; or other permit. In all cases the reqHiremoots for the constructioH of such off site and OH site improvements as have not yet been completed at the time ef final building site ap¡Jf{)\'al shall be noticed by a certificate on the parcel map, or in an instrument evidencing the waiver of a parcel map, or by the recordation of the improvement agreement. ',Vhere a condition is imposed that requires the completion of aBY impro':ement or improvements prior to the issHanee of any building er other development permit for the site, then prior te the issuance of any such permit aB OH site inspection shall be made of the property by the City EBgineer to determine whether or Bot said improvemCRts have seen satisfactorily completed, aBd if completed, the baildiHg or other permit may be issued. 14 45,()10 Waiver of parcel map. . (a) On the recommendation of the Planning Directer Community De'lelopment DireetfJI; the advisery agency may waive the preparatioB, approval and recordatioB of a fmal parcel map as a condition for builàiHg site approval ifboth efthe folley;ÏBg requirements are satisfied: (1) The identical buildiHg site is sho'.vn OB a previously recorded parco! map or as a lot or lots on a pre'¡ioasly recorded subdivision map, daly approved iH accordance with the la',ys in force at the time ofrecerdatieB thereof, and HO change is being made iB thc site boundary or lot lines or the locatioN of any str-oets or easements as they appear ON SloWn reeor'¿ed map; and (2) No dedicatioHs to the public or building restrictions of a kind which ought to be sho\'.'£ on a recorded parcel map are required as a conditieH for lmilding site appro'fal, iHcluding, but not limited to, dedications of streets, rights øf ·,yay or utility easements, or open space or access restrictions. (b) NothiHg contaiBed iB subsectioB (a) of this SectiÐH shall constitute a waiver of the rcquirement [oj' submissioo of a tentati'¡e parcel map as part of the application for teNtative building site approval, iH accordance with l.rticle 14 20 of this Cnapter. FISCAL IMPACTS: None CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: . 12 of 13 · · · · The City would out of compliance with the Storm Water Runoff Prevention Program's requirements. · The provisions of the Lot Line Adjustment section of the Subdivision Ordinance would continue to be permissive towards using the process to create new buildable sites and would not be fully consistent with Government Code Section 66412(d). · The previously amended sections dealing with Building Site Approvals would remain in the text ofthe Subdivision Ordinance. ALTERNATIVE ACTION: None FOLLOW UP ACTION: Place the Ordinance Amendments on the March 17, 2004 City Council Consent Calendar for Second Reading and Adoption. ADVERTISING, NOTICING AND PUBLIC CONTACT: The Public Hearing and the Environmental Determination were advertised in the February 11, 2004 edition of the Saratoga News. ATTACHMENTS: · Draft Ordinance · Initial Study and Negative Declaration of Environmental Impact 13 of 13 ORDINANCE e 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: · The current sections of the Subdivision, Zoning and Building chapters of the Saratoga City Code are not consistent with the provisions of the Santa Clara Valley Urban Runoff Pollution Prevention Program requirements, and · The need to provide additional regulation regarding lot line adjustments is needed to further implement the Hillside protection policies of the City of Saratoga. · The Planning Commission has conducted a public hearing to consider amendments to the zoning code with respect to the proposed Ordinance Amendments related to Storm Water Pollution Prevention, Lot Line Adjustments and Building Site Approvals. Section 2. Adoption. Section 15-12.090 of the Saratoga City Code is hereby amended as set forth below. . ChaPter 14 SUBDIVISIONS Article 14-20 PROCEDURES FOR TENTATIVE APPROVAL 14-20.040 Contents of application. (n) All provisions for sewage disposal, storm drainage and flood control, which are proposed by the applicant. Disposition of on-site storm water shall be consistent with the requirements of the Santa Clara Valley Urban Runoff Pollution Prevention Program as defined in Article 15-06 of the Zoning Code. Article 14- 30 IMPROVEMENT REQUIREMENTS 14- 30.030 Storm water and sewage. (a) General requirements. Subterranean stonn drains shall be designed and installed by the subdivider or owner to adequately and safely drain all stonn waters of the subdivision or site, and all surface waters reaching or reasonably calculated to reach the subdivision or site from areas outside of its boundaries. All drainage plans shall be consistent with the requirements of the Santa Clara Valley Urban Runoff Pollution Prevention Program as defined in Article 15-06 of the Zoning Code. In order to ensure compliance with the program, grading plans shall incorporate appropriate source control and site design measures that minimize stonn water pollutant discharges to the maximum extent possible. Existing stonn drains already discharging . into a watercourse shall be of a capacity sufficient, in the opinion of the City Engineer, to adequately and safely carry all of such additional drainage generated by the development. The stonn drain system shall consist of mains of not less than twelve inches in diameter, together e e e with such manholes, catch basins, laterals and other structures, and at such grades, as required by the City Engineer to conform to good drainage requirements for the area and topography of the subdivision or site to prevent standing or flooding waters within and outside of its boundaries. In addition, the subdivider or owner shall comply with all conditions of the water district as may be imposed by any permit required to be obtained from such district in order to discharge said waters into a watercourse. Chapter 15 ZONING REGULATIONS Article 15-06 DEFINITIONS 15-06.581 Santa Clara Valley Urban Runoff Pollution Prevention Program. "Santa Clara Valley Urban Runoff Pollution Prevention Program" means the policies and directives adopted by the Santa Clara Valley Urban Runoff Pollution Prevention Program effective [insert adoption date] and on file in the Community Development Department. Article 15-21 MU-PD: MULTIPLE USE PLANNED DEVELOPMENT DISTRICT 15- 21.140 Final development plan. (7) All provisions for sewage disposal, storm drainage and flood control which are proposed by the applicant, including the approximate distance to and location of the nearest storm drainage and sanitary sewer main lines. Disposition of on-site storm water shall be consistent with the requirements of the Santa Clara Valley Urban Runoff Pollution Prevention Program. Article 15-46 DESIGN REVIEW: MULTI-FAMILY DWELLINGS AND COMMERCIAL STRUCTURES 15-46.030 Application requirements. (a) Application for design review approval shall be filed with the Planning Director on such forms as shall be prescribed. The application shall include the following exhibits: (5) Engineered grading and drainage plans, including cross sections if the structure is to be constructed on a hillside lot. Disposition of on-site storm water shall be consistent with the requirements of the Santa Clara Valley Urban Runoff Pollution Prevention Program. Article 15-80 MISCELLANEOUS REGULATIONS AND EXCEPTIONS 15-80.035 Requirements for basements and lightwells. The following requirements shall apply to basements in any A, R-l, HR, R-OS or R-M district, with the exception of requirements (d) and (e) below, which shall apply to all districts: (e) Applicant shall submit to the Planning Department a grading and drainage plan stamped and signed by a registered civil engineer. Water collected from a basement shall either be transported to a nearby city storm drain inlet or to another drainage facility. The method of drainage shall be reviewed and approved by the Community Development Director and the Public Works Deparrment. Disposition of on-site storm water shall be consistent with the requirements of the Santa Clara Valley Urban Runoff Pollution Prevention Program. The size of a proposed basement may be limited based on drainage issues or issues raised in the geologic e and geotechnical reports. (Ord. 209 § 2 (part),2002) Chapter 16 BUILDING REGULATIONS Article 16-15 BUILDING CODE" 16-15.180 Section 3315 of Appendix Chapter 33 is amended concerning drainage and terracing. Subsections (f) and (g) are added to Section 3315 of Appendix Chapter 33 to read as follows: (f) Each lot and building site shall be graded to drain all storm and other surface waters to the nearest storm drain or other drainage outlet approved by the building official. All runoff from roofs, decking, paving and other surface water collectors, whether natural or artificial, may be required by the building official to be centrally collected and drained through enclosed pipe or other conduit to onsite or off-site drainage outlets or storm drains. Disposition of on-site storm water shall be consistent with the requirements of the Santa Clara Valley Urban Runoff Pollution Prevention Program as defined in Article 15-06 of the Zoning Code. Chapter 14 SUBDIVISIONS 14-10.170 Lot Line Adjustment. "Lot line adjustment" means the relocation of an existing lot line between four or fewer existing adjoining lots, where the land taken from one lot is added to an .. adjoining lot and where a greater number of lots than originally existed are not created. .. 14-10.210 Parcel map. "Parcel map" means a final map for a single lot or reversion to acreage pursuant to this Chapter. 14-10.320 Subdivision. (a) "Subdivision" means the division, by any subdivider, of any parcel or parcels of improved or unimproved land, or any portion thereof, shown on the latest equalized County assessment roll as a single unit or as contiguous units, for the purpose of sale, lease, financing or construction of improvements thereon, whether immediate or future. Property shall be considered as contiguous units even if separated by roads, streets, utility easements or railroad rights-of-way. "Subdivision" includes a condominium project, as defined in Section 1350 of the State Civil Code, a community apartment project, as defined in Section 11004 of the State Business and Professions Code, or the conversion of existing dwelling units to a stock cooperative, as defined in Section 11003.2 of the State Business and Professions Code. "Subdivision" also includes any division of land by gift, inheritance, or partition in kind. [Subsection (b) of Section 14-10.320 is not amended.] 14-50.010 Purpose e Lot line adjustments are intended to provide practical flexibility for minor alterations of existing parcels and/or improved lot design. The lot line adjustment procedure authorizes property e e . line(s) between 4 or fewer existing adjoining legal parcels to be altered so long as no additional parcels are created and all other state and local requirements are met. 11 SØ.010 I4-50.0I5 Application. Application for a lot line adjustment shall be filed with the Community Development Director on such form, as he or she shall prescribe. The application shall be signed by all parties holding an ownership interest in any properties, which are the subject of the proposed lot line adjustment. The Community Development Director shall examine the application and shall not file the same until all of the requirements of this Article with respect to the form and content of the application and the documents to be submitted therewith have been fully satisfied and all fees and costs due and payable at the time of filing the application have been paid in full. The time of filing the application shall be the date on which the application is found by the Community Development Director to be complete. (Amended by Ord. 221 § 2 (part), 2003) 14-50.020 Contents of application. The applicant shall submit eighteen copies of a scale drawing showing the proposed lot line adjustment, prepared by a registered civil engineer or land surveyor. Such drawing shall have a dimension of not less than eighteen inches by twenty-six inches, and the scale thereof, based upon the combined area of all properties which are the subject of the lot line adjustment, shall be as follows: one inch shall be equal to twenty feet for two acres or less; one inch shall be equal to fifty feet for two acres through twenty acres; and one inch shall be equal to one hundred feet for over twenty acres in area. The drawing shall contain, or shall be accompanied by, the following information: (a) The existing lot lines of all properties which are the subject of the lot line adjustment and the name of any existing recorded maps applicable to such properties, the date of recording such maps, and the book and page of the official records where such maps are recorded. (b) The proposed lot lines and the dimensions of the lots as reconfigured by the lot line adjustment, including frontage, width, depth and area in square feet. (c) Date of preparation, north point and scale. (d) A key map showing adjacent contiguous property on all sides, giving location, names and widths of adjacent rights-of-way. (e) Name and address of record owners of all properties which are the subject of the lot line adjustment and the name and address of the civil engineer or land surveyor who prepared the drawing. (f) Locations, names, widths, centerline radii and centerline slopes of all streets within or adjacent to the subject properties. (g) Existing contours of the subject properties, expressed in intervals of five feet, together with a calculation of the average slope of each property, as determined in accordance with Section 14- 10.280 of this Chapter. (h) Location and description of all existing buildings and structures upon the subject properties. (i) Location and character of all existing easements. (j) Existing use or uses and zoning classification of each property having a lot line to be adjusted. (k) Location of all creeks, streams and other watercourses, showing top of existing banks and creek depth. (1) A certification from the owner of each affected parcel documenting ownership of the parcel e and certifying owner's right to authorize the lot hne adjustment. Said cerÜfication shall attach a prehminary title report or comparable document issued within ten days from the date of filing the application by a reputable Üt!e company doing business in the County and showing all parties having any interest in the subject properties. (m) In adchÜon to the foregoing, the Community Development Djrector may require the apphcant to submit such adchtional documents, informaÜon and materials as the Director deems necessary for the review, processing and evaluation of the proposed lot hne adjustment. If any such adchÜonal documents, informaÜon or materials are requi.red, the Director shall so advise the apphcant in writing within thi.rty days from the filing of the apphcation. (Amended by Ord. 221 § 2 (part), 2003) 14-50.030 Investigation and report by Community Development Director. (a) The Community Development Di.rector may transIIÚt a copy of the apphcaÜon to such persons and agendes as he or she may deem appropdate for review and recommendaÜons thereon, induchng, but not hmited to, the Health Officer, the Santa Clara Valley Water District, the sarlitation and fire chstdcts having jurisdicÜon, and any utŒty companks serving the area in which the subject properties are located. (b) Upon recdpt of any recommendaÜons from the persons and agendes referred to in subsecÜon (a) of this SecÜon and completion of his own review and analysis of the apphcaÜon, the Community Development Di.rector shall cause a written staff report to be prepared and .- subIIÚtted to the advisory agency and shall furnish the apphcant with a copy of such report not ... later than three days pdor to the date on which the apphcaÜon is first considered by the advisory agency. (Amended by Ord. 221 § 2 (part), 2003) 14-50.035 General Plan and Zoning Requirements and Criteria The requi.rements and criteria in this section apply to the determination of whether or not the parcels resulting from a proposed lot line adjustment will conform to the IIÚnimum lot size and development density requirements of the General Plan and Zoning Orchnance. This section does not contain a complete hst of General Plan and Zoning Orchnance requirements that may apply to lot hne adjustments. (a) All lots resulting from a lot hne adjustment shall comply with the apphcable General Plan and Zoning Ordinance. The General Plan will prevail if there is any need to harmonize General Plan and Zoning Orchnance density or minimum lot size designations for the subject lots. (b) A "substandard lot" is defined for the purposes of this chapter as a lot that does not meet the minimum lot size requirements of the General Plan and Zoning Ordinance designaÜons apphcable to the property. (c) If any lot resulting from the proposed lot line adjustment would be substandard, the lot line adjustment may only be approved if the lot line adjustment would not cause or contribute to an increase in allowable density beyond or reducÜon (or further reduction) in minimum lot size below, that authorized by the General Plan designation and Zoning .- Orchnance when the lot line adjustment apphcation was deemed complete. Lot line ... adjustments involving a substandard lot that falls into one or more of the following categories are presumed not to cause or contribute to an increase in allowable density or reduction (a further reduction) in mirlimum lot size and may be approved if the . approving authority makes all of the required findíngs in thís section and in Section 14- 50.040. Category 1- No increase in number of Developable Lots (1.) No substandard lot is reduced or further reduced in area; and (2.) Each adjusted lot retains at least 90 percent of the real property included in the lot prior to the proposed lot line adjustment; and (3.) The lot line adjustment would not result in any addítional developable lots or a greater allowable density than prior to the lot line adjustment. ln determining if a lot is developable, the lot must meet at least one of the following criteria. (i) Contain a legal dwelling constructed pursuant to and in compliance with a validly issued Design Review and subsequent Buildíng Permit; or (ü) Be subject to an unexpired Design Review approval and or Buildíng Permit; or (iü) Be a whole lot on a numbered tract map or parcel map issued pursuant to a legal subdívision. . Category 2 - Curing an encroachment or setback violation for existing legal structures. A lot line adjustment curing an encroachment or setback violation on a substandard lot qualifies under this subsection if the approving authority finds that the proposed lot line adjustment involves only two lots and its sole purpose is to cure or partially cure an encroachment or setback violation involving the following types of improvements that were legally constructed or partially constructed by or on behalf of a property owner on an adjoining lot. (1.) A dwelling, building or structure that was constructed before any permits were required by the City of Saratoga or the County of Santa Clara for such inlprovements;or (2.)A dwelling, building or structure for which all legally required permits were issued prior to construction and the inlprovements were constructed in compliance with all approved plans and permits. . Category 3 - Environmental Impact Avoidance The sole purpose of the lot line adjustment is to reduce or avoid significant environmental impacts such as geological hazards or disturbance of important viewshed, riparian or habitat areas. Where this criterion is the basis for approval, the advisory agency shall first hold a public hearing on the application and make all of the following findings before approving the proposed lot line adjustment. (1.) The lot line adjustment would not result in any additional developable lot or a greater allowable density than legally existed prior to the lot line adjustment. In determining if a lot is developable, the lot must be found to satisfy at least one of the following criteria. i Contain a legal dwelling constructed pursuant to and in compliance with a validly issued Design Review and subsequent Building Permit; or ii Be subject to an unexpired Design Review approval and/or Buildíng Permit; or iii Be a whole lot on a numbered tract map or parcel map issued pursuant to a legal subdivision. (2) The lot line adjustment would result in no lot being environmentally inferior and at least one lot being environmentally superior and overall the resulting configuration would better implement the general plan policies as compared to the current lot configuration. The proposed lot design and configuration would optimize general plan conformance and environmental protection and best mitigate environmental impacts in conformance with the general plan. (3) 14-50.040 Action by Community Development Director; findings. (a) Within fifty days after the application is accepted as complete, unless such time is extended by mutual agreement of the advisory agency and the applicant, the Community Development Director (or the advisory agency where applicable) shall approve, conditionally approve or disapprove the application and shall report such action to the applicant. A copy of said report shall be kept on file in the City offices for a period of not less than five years, and in all events, until the recordation of a record of surveyor deed, as required under Section 14-50.060, and final acceptance by the City of any public improvements to be constructed by the applicant and termination of the applicant's responsibility to maintain such improvements. (b) The Community Development Director shall not approve a lot line adjustment unless he or she makes all of the following findings: (1) That the proposed lot line adjustment is consistent with the General Plan and any applicable specific plan. (2) That the proposed lot line adjustment is consistent with the regulations contained in the Zoning Ordinance, the Building Ordinance and this Chapter. For the purpose of this finding, the lot line adjustment shall be deemed consistent if no new violation of such regulations is created by the lot line adjustment, or if the nonconformity created by the lot line adjustment is specifically approved by the advisory agency through the appropriate process, such as the granting of a variance or use permit under Chapter 15 of this Code or the granting of an exception under this Chapter. (3) That the proposed lot line adjustment will not conflict with easements, acquired by the public at large for access through or use of the subject properties. In this connection, the Community Development Director may grant tentative approval if he finds that alternate easements for access or use will be provided, and that these will be substantially equivalent to ones previously acquired by the public. This subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction and no authority is granted to the Community Development Director or to the Advisory Agency to determine that the public at large has acquired easements for access through or use of any portion of the subject properties. (4) The lot line adjustment is between four or fewer existing, adjoining lots. Where an owner of adjoining parcels has previously obtained a lot line adjustment for four adjoining parcels and subsequently requests a lot line adjustment for one or more additional adjoining parcels, a subdivision is required. Where more than one property owner concurrently requests a lot line adjustment for more than four adjoining parcels, a subdivision is required. (c) The Community Development Director shall not impose conditions on its approval of a lot line adjustment except for those conditions which the Community Development Director deems necessary or appropriate for implementation of, and conformity with, any General Plan policies, or any zoning regulations set forth in Chapter 15 of this Code, or building regulations set forth in e . e · Chapter 16 of this Code, or to facilitate the relocation of existing streets, utilities, infrastructure, or easements (including rights-of-way). (d) A public hearing shall be conducted for any lot line adjustment application requiring advisory agency approva. Notice of the hearing shall be given not less than ten days nor more than thirry days prior to the date of the hearing by mailing, postage prepaid, a notice of the time and place of the heating to the applicant and to all persons whose names appear on the latest available assessment roll of the County as owning property within five hundred feet of the boundaries of the subdivision or site which is the subject of the application. Notice of the public hearing shall also be published once in the newspaper having general circulation in the City not later than ten days prior to the date of the hearing. (Amended by Ord. 71-154 § 1, 1995) 14-50.050 Expiration of tentative approval; extensions. (a) The tentative approval of a lot line adjustment shall expire twenty-four months from the date on which rhe Community Development Director, advisory agency; (or City Council on appeal), granted its approval or conditional approval. (b) An extension of the expiration date may be granted by the advisory agency for a period or periods of time not exceeding thirty-six months. The application for extension shall be filed prior to the expiration date, and shall be accompanied by the payment of a fee in such amount as established from time to time by resolution of the City Council. Extension of tentative approval is not a matter of right and the advisory agency may deny the application. _4-50.060 Approval and recordation of surveyor deed. (a) Prior to the expiration of the tentative approval or extension thereof pursuant to Section 14- 50.050, the applicant shall submit to the City Engineer any required record of survey and a deed, and such other documents as may be lawfully required under the conditions of the tentative approval. No record of survey shall be required for a lot line adjustment unless required by Section 8762 of the Business and Professions Code. The City Engineer may accept a deed where the lot line adjustment involves only the movement of property lines without relocation of any streets, utilities, easements or other rights-of-way. (b) The City Engineer shall examine the surveyor deed and accompanying data and shall determine: (1) Whether the proposed surveyor deed substantially complies with the tentative approval of the lot line adjustment. (2) Whether all conditions of tentative approval have been completed, or if incomplete, are matters, which are includable in a regular or deferred improvement agreement with the City; (3) Whether all provisions of this Chapter and all other applicable provisions oflaw have been complied with; and (4) Whether the surveyor deed is technically correct. (c) Upon the City Engineer's determination that all requirements of this Section have been satisfied, he shall notify the applicant that the surveyor deed has been approved as to form and content. The City Engineer shall thereupon cause the surveyor deed to be filed for record in the . office of the County Recorder when all of the following conditions as may be applicable have been satisfied: (1) The applicant has executed the City's standard or deferred form of improvement . agreement and furnished to the City the security required thereunder. (2) The applicant has furnished to the City the monument bond guarantedng payment of the cost of setting monuments and such other agreements and bonds as may be required by law. (3) The applicant has furnished to the City the indemnity agreement and insurance policy required by Section 14-05.055 of this Chapter. (4) The applicant has executed and furnished to the City for recordation any offers of dedication to be made by separate instrument, deeds, or other documents affecting title and relating to the lot line adjustment, together with the applicable recording fees, if any. (5) All required fees and costs have been paid in full to the City, including but not limited to the cost of recordation of the surveyor deed required by this subsection (c). (d) Where an offer of dedication is made in connection with a lot line adjustment, the provisions of Section 14-40.070 shall be applicable to such offer. 14-15.020 - Deleted 14-45.010 - Deleted 14-45.020 - Deleted 14-45.030 - Deleted 14-45.040 - Deleted 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 ,2004, and was adopted by the following vote following a second reading on the _ day of _,2004: AYES: NOES: ABSENT: ABSTAIN: ANN W ALTONSMITH, MAYOR . ATTEST: . CATHLEEN BOYER, CITY CLERK APPROVED AS TO FORM: RICHARD TAYLOR, CITY ATTORNEY . . RESOLUTION NO. 03-_ . A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA GRANTING NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR AMENDMENTS TO THE SARATOGA CITY CODE RELATED TO STORM WATER POLLUTION PREVENTION, LOT LINE ADJUSTMENTS AND BUILDING SITE APPROVALS WHEREAS, the City Council held a duly noticed Public Hearing at which time all interested parties were given full opportUnity to be heard and to present evidence; and WHEREAS, the City Council has determined that there are no significant environmental impacts related to the proposed Amendments; and WHEREAS, the City Council has reviewed the infonnation included in the Initial Study of Environmental Impact attached hereto. NOW, THEREFORE, the City Council of the City of Saratoga does hereby resolve as follows: Section 1. After careful consideration of the infonnation provided in the Staff Report, the Initial Study and from verbal testimony, the City Council determines that there are no environmental impacts associated with the proposed Amendments to the Subdivision, Section 2. Pursuant to the requitements of the Saratoga City Code and the California Environmental Quality Act, this Resolution shall become effective fifteen (15) days from the date of adoption. . PASSED AND ADOPTED by the City Council of the City of Saratoga, State of California on February !l, 2004 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Ann Waltonsmith, Mayor ATTEST: Cathleen Boyer, City Clerk . e CITY OF SARATOGA INITIAL STUDY 1. Project Title: Amendments to the Subdivision, Zoning and Buiiding Regulations of the Saratoga Code related to Storm Water Pollution Prevention, Lot Line Adjustments and Building Site Approvals. 2. Lead Agency Name & Address: City of Saratoga, Community Development Department 13777 Fruitvale Avenue, Saratoga, CA 95070 Thomas Sullivan, AICP, 408.868.1222 3. Contact Person & Phone # 4. Project Location City Wide 5. Project Sponsor's Name & Address: 6. General Plan Designation: Zoning: City of Saratoga 13777 Fruitvale Ave Saratoga, CA 95070 City Wide 7. e· All Zones Description of Project: (Describe the whole action involved, including but not limited to later phases of the project, and any secondary, support, or off-site features necessary for its implementation. Attach additional sheets if necessary.) Amendments to Article 14,15 and 16 related to the various sections that deal with storm water runoff (NPDES). Amendments to the Subdivision Ordinance (Article 14) sections that deal with Lot Line Adjustments. Amendments to Article 14 to remove remaining sections dealing with Building Site Approvals (BSA) from the Subdivision Ordinance. 9. Surrounding land uses and setting: (Briefly describe the project's surroundings.) The land uses on all sides is Commercial 10. Other agencies whose approval is required (e.g., permits, financing approval, or participation agreement): No other agencies are involved. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "POTENTIALLY SIGNIFiCANT IMPACT" as indicated by the checklist on the following pages. o Aesthetics o Biological Resources o Hazards & Hazardous Materials o Mineral Resources o Public Services o UtilitiesfService Systems e o Agriculture Resources o Cultural Resources o Hydrologyf\Nater Quality o Noise o Recreation o Mandatory Findings of Significance o Air Quality o Geology/Soils o land Use/Planning o Population/Housing o Transportation1Traffic DETERMINATION: On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION wili be prepared. I find that although the proposed project could have a significant effect on the environment, there wili not be a significant effect in this case because revisions in the project have been made or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION wili be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposal MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. ~~~~ r-_, ~9t 3.'ZöfJ~ Signature - Date ' Thomas Sullivan, AIC?, Director Printed Name Community Development Department For 2 e x e e _ues (and Supporting Information Services): Potentiatly Significant tmpact Less Than Significant With Mitigation tncorporated Less Than Significant tmpact No Impact I. AESTHETICS. Would the project: x a) Have a substantial adverse effect on a scenic vista? b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a scenic highway? a) Substantially degrade the existing visual character or quality of the site and its surroundings? d) Create a new source of substantial light or glare, which would adversely affect day or nighttime views in the area? Discussion of Aesthetics Impacts: The proposed amendments are not related to aesthetics x x x e II. AGRICULTURE RESOURCES: In determining whether impacts to agricultural resources are significant environmental effects, lead agencies my refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? x b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? x c) Involve other changes in the existing environment, which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use? x Discussion of Agriculture Resources Impacts: No discussion is required. III. AIR QUALITY: Where available, the significance criteria established by the San Luis Obispo County Air Pollution Control District may be relied upon to make the following determinations. Would the project: a) Conflict with or obstruct implementation of the X applicable air quality pian? b) Violate any air quality standard or contribute X substantially to an existing or projected air quality violation? e c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant concentrations? X X 3 Issues (and Supporting Information Services): Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact e e) Create objectionable odors affecting a substantial number of people? Discussion of Air Quality Impacts: No discussion is required. IV. BIOLOGICAL RESOURCES. Would the project: a) Have a substantial adverse effect, either directly through habitat modifications, on any species identified as a candidate, sensitive, or special status species in iocal or regionai plans, policies, or regulations, or by the California Dept. of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian habitat or other sensitive naturai community identified in local or regional plans, policies, and regulations or by the California Dept. of Fish and Game or U.S. Fish and Wildlife Service? c) Have a substantiai adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat Conservation Pian, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? x x x e x x x x Discussion of Biological Resources Impacts: The Storm Water Pollution Prevention portion of the amendments will have a positive impact on Biological Resources in that storm waters will be cleaner when they reach the bay. V. CULTURAL RESOURCES. Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined in §15064.5? b) Cause a substantiai adverse change in the significance of an archaeological resource as 4 x e x .ues (and Supporting Information Services): Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact defined in §15064.5? c) Directiy or indirectiy destroy a unique paleontological resource or site or unique geologic feature? d) Disturb any human remains, including those interred outside of formai cemeteries? Discussion of Cultural Resources Impacts: NIA VI. GEOLOGY AND SOilS: Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of ioss, injury, or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Div. of Mines and Geology Pub. 42. ii) Strong seismic ground shaking? . iii) Seismic-related ground failure, including liquefaction? iv) Landslides? b) Result in substantial soil erosion or the loss of topsoil? c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1997), creating substantial risks to life or property? e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? Discussion of Geology and Soils Impacts: NIA VII. HAZARDS AND HAZARDOUS MATERIALS: Would fhe project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? . b) Create a significant hazard to the public or the 5 x x x x x X X X X X Issues (and Supporting Information Services): Potentially Significant tmpact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact e x environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials Into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Gov. Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? f) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? g) Expose people or structures to a significant risk of loss, injury, or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? Discussion of Hazards and Hazardous Materials: N/A VIII. HYDROLOGY AND WATER QUALITY: Would the project: a) Violate any water quality standards or waste discharge requirements? b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner, which would result in substantial erosion or siltation on- or off-site? d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a 6 x x x x . x x x x . ·ues (and Supporting Information Services): Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact manner, which wouid result in fiooding on- or off- site? e) Create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff? f) Otherwise substantially degrade water? g) Place housing within a 1 DO-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? x x h) Place within a 100-year floor hazard area structures, which would impede or redirect flood flows? i) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? x x X j) Inundation by seiche, tsunami, or mudflow? _Discussion of Hydrology and Water Quality Impacts: . LAND USE AND PLANNING: Would the project: a) Physicaiiy divide an established community? b) Conflict with any applicabie land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? NIA X X c) Conflict with any applicable habitat conservation pian or natural community conservation plan? X Discussion of Land Use and Planning Impacts: the proposed Overlay Zone addresses Planning and Land Use issues related to drive-through services. X. MINERAL RESOURCES. Would the project: a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? X b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? X .iScussion of Energy and Mineral Resources Impacts: there are no known mineral resources within the City limits. 7 Issues (and Supporting Information Services): Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact e XI. NOISE. Would the project result in: a) Exposure of persons to or generation of noise leveis in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels? c) A substantiai permanent increase in ambient noise levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? e) For a project iocated within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? Discussion of Noise Impacts: NIA XII. POPULATION AND HOUSING: Would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectiy (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? Discussion of Population and Housing Impacts: NIA XIII. PUBLIC SERVICES: a) Would the proposal result in substantial adverse physical impacts associated with the provision of new or physically aitered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmentai impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire Protection? 8 x x x x x . x x x . x ·ues (and Supporting Information Services): Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant tmpact Police Protection? No Impact Schools? Parks Other public facilities? Discussion of Public Services Impacts: N/A XIV. RECREATION: a) Wouid the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantiai physical deterioration of the facility wouid occur or be acceierated? b) Does the project include recreational facilities or require the construction or expansion of recreationai facilities, which might have an adverse physical effect on the environment? Discussion of Recreation Impacts: N/A XV. TRANSPORT ATIONITRAFFIC: Would the project: . a) Cause an increase in traffic, which is substantial in relation to the existing traffic ioad and capacity of the street system (i.e., resuit in a substantiai increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections )? b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that result In substantial safety risks? d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? f) Result in inadequate parking capacity? g) Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? .iScussion of Transportation/Circulation Impacts: N/A XVI. UTILITIES AND SERVICE SYSTEMS. Would the 9 x X X X X X X X X X X X Issues (and Supporting Information Services): Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact e project: a) Exceed wastewater treatment requirements of the Regional Water Quality Control Board? b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment provider, which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? g) Comply with federal, state, and local statutes and regulations related to solid waste? Discussion of Utilities and Service Systems Impacts: N/A XVII. MANDATORY FINDINGS OF SIGNIFICANCE. a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildiife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.) c) Does the project have environmental effects, which will cause substantial adverse effects on human 10 x x X X X e X X X X . 4Iues (and Supporting Information Services): Potentiatty Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact beings, either directly or indirectly? EARLIER ANALYSES: SOURCE LIST: Saratoga General Plan Saratoga Municipal Code NPDES e e 11 x , v . . . MEETING DATE: March 3, 2004 Co CITY MANAGER: 0---=:7~ DEPTHEAD:~~~Q~_ SARATOGA CITY COUNCIL AGENDA ITEM: ORIGINATING DEPT: Public Works PREPARED BY: John Cherbone SUBJECT: Norton Road Fire Access RECOMMENDED ACTION: Receive report and provide direction to staff. REPORT SUMMARY: This report will provide City Council with information on several options to develop an emergency access road to facilitate the evacuation of residents out of the Bohhnan Road Area. A notice was mailed to approximately 160 Bohhnan Road area residents, including some County residents, notifYing them of tonight's meeting (Attachment I). Currently, there are only two ways to evacuate residents out of the Bohlman Road area, namely Bohhnan Road to Oak Street or Bohhnan Road to Montevina Road (Attachment 2). It is believed that an additional evacuation route will reduce the possible conflict of emergency vehicles and residents trying to evacuate in the event of an emergency. Ra~k~rolln<l' Over the past two years, the City and the Saratoga Fire District have been assisting concerned Bohlman Road residents in exploring the feasibility of developing an additional evacuation route in the Bohlman Road area, which would bypass the stretch of Bohlman Road from Norton Road to Oak Street. On October 22,2003, Council Member King, Council Member Stieit, Fire Chief Duncan, and I met with members of the Montalvo Association to discuss the Fire Access Road issue. The meeting went well. Montalvo voiced their concerned with the proposed access road going through the Artist in Residency development. It appears Montalvo has plans to develop the area just above the last Artist residences into an "Artist Meditation Garden". They indicated that they are currently soliciting naming rights for the proposed garden in the amount $500,000. Their concern is that a fire access road will eliminate the chances of finding a donor for the project if there is a fire access road in the midst of the area. In addition, they are concerned that a fire access road will encourage trespassers and intrude into the privacy of the artists. However, Montalvo was open to helping the City find another location for the access road. To facilitate this, staff transmitted area maps and aerial photos to Montalvo so that they could explore other if locations on their property. In addition, staff met Beverly Fipps and Dave Dolloff to explore the possibility of other alternative sites to Villa Montalvo for the access road. . On November 18, a second meeting was held. In attendance were Council Member King, Saratoga Fire, Beverly Fipps, Dave Dolloff, and members of the Villa Montalvo Association. The meeting went well with both the City and Villa Montalvo exploring other possible alternate routes for the fire access road. The meeting ended with the identification of five possible routes, two through Villa Montalvo and three through Tract 9330. ni~C'ns!li:ion· Currently two main areas have been identified to facilitate the development of an emergency access road, Villa Montalvo and Tract 9330. Two routes have been identified through Villa Montalvo and three routes have been identified through Tract 9330 (Attachment 3). Option 1 A - Vi11H Monto1vo This route would begin on Norton Road and connect to the Artist in Residency road, which connects to their main access road that exits onto Piedmont Road. Estimated Cost: $795,000 (see Attachment 4 for details) . Option 11'\ - Vi110 Monto1vo This route follows an existing 5 to 10 foot wide pedestrian trail, which would begin on Norton Road and exit onto their upper parking lot that connects to their main access road that exits onto Piedmont Road. Estimated Cost: $750,000 (see Attachment 4 for details) Option 1A - Trod 9110 This route runs through Tract 9330 via Cuvilly Court through three private properties exiting onto Oak Street. Estimated Cost: $885,000 (see Attachment 4 for details) Option 11'\ - Trod 9110 This route runs through Tract 9330 via Cuvilly Court through three private properties exiting onto Lomita Avenue. Estimated Cost: $950,000 (see Attachment 4 for details) . \. e e . Option ?(~ - Tree! 9110 This route runs through Tract 9330 via Cuvilly Court through three private properties exiting onto Montalvo Heights Drive. Estimated Cost: $800,000 (see Attachment 4 details) For an expert analysis, the City requested that the Saratoga Fire District comment on the five fire access road routes, which they did via a letter to the City, dated February 18, 2004 (Attachment 5). According to their letter they rate the three options which run through Tract 9330 as lInne.irehle because of the following: 1) the existing bottleneck between Norton Road and Cuvilly Court, 2) the potential conflict of emergency vehicles and evacuating residents on Bohlman Road, and 3) the directing of vehicles into the Village, which has been designated as an emergency staging area (Option 2A). In addition, it is anticipated that multiple "unfriendly" condemnation proceedings would be required to take place to acquire the necessary easements, thus greatly increasing the cost of development and the amount of time to implement these routes. Conversely, the Saratoga Fire District rate the two options which run through Villa Montalvo as ne.irehle because they: 1) totally bypass the bottlenecks on Bohlman Road, 2) eliminate the potential conflict of emergency vehicles and evacuating residents on Bohlman Road, and 3) direct evacuating residents away from the Village. In addition, both routes that go through Villa Montalvo are in close proximity to the Kittridge Emergency Access Road that connects Kittridge Road to Norton Road, which if utilized in conjunction with one of the Villa Montalvo routes would provide a means to bypass Bohlman Road, from Kittridge Road all the way to the Village. In light of the before mentioned issues, it is not recommended that Options 2A, 2B, and 2C be consider further. Fnrthpr nisc.nssion - Options 1 A&: lR Option 1 A· This route was the first route identified as an emergency access road candidate and is the easiest to construct of the two routes through Villa Montalvo. However, because Villa Montalvo is adamantly against this route, mainly because it goes through their Artist in Residency proj ect, it is not necessarily the more economical of the two. When you add the cost of easement procurement, legal costs, and the antagonistic nature of condenmation proceedings, this option may be more costly and take more time to implement. Option ?A· This route, which follows an existing pedestrian trail through Villa Montalvo, meets all the same levels of desirability as the Artist in Residency route, except that it is more difficult to construct. However, what makes this option desirable and most likely the easiest to implement is Villa Montalvo's willingness to dedicate an easement for the emergency access road at no cost. By eliminating probable condemnation proceedings all parties can save time and money by concentrating on implementation of the access road. If City Council determines that Option 2A is the preferable route, staff will work with Montalvo j . and the Saratoga Fire District to implement an easement arrangement. There will be some costs associated with the preparation of the easement documents and some City Attorney time, which can be paid from the Norton Road Fire Access CIP project. Once an easement is established, via Montalvo's offer, condemnation, or other arrangement, the funding mechanisms for constructing the fire access road will need to be determined. There are various options available including establishing an improvement district, funding by benefiting properties, City funds, grants, or a combination of these. FISCAL IMPACTS: N/A. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): N/A. ALTERNATIVE ACTION(S): e None. FOLLOW UP ACTION(S): Depends on direction from City Council. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional at this time. ATTACHMENTS: 1. Notification Letter. 2. Area Map. 3. Fire Access Option Map. 4. Cost Estimates. 5. Saratoga Fire District Letter. 6. Letters from Community. tit '- · · · ATTACHMENT 1 OFFICIAL MEETING NOTICE Dear Saratoga Resident; You are invited to attend a City Council Meeting on Wednesday, March 3, 2004, at 7:00 P.M. The City Council will be discussing several options to develop an emergency access road to facilitate the evacuation of residents out of the Bohlman Road Area. Background: Over the past two years, the City and the Saratoga Fire District have been assisting concerned Bohlman Road residents in exploring the feasibility of developing an additional evacuation route in the Bohlman Road area, which would bypass the stretch of Bohlman Road from Norton Road to Oak Street. Currently, there are only two ways to evacuate residents out of the Bohlman Road area, namely Bohlman Road to Oak Street or Bohlman Road to Montevina Road. It is believed that an additional evacuation route will reduce the possible conflict of emergency vehicles and vehicles trying to evacuate in the event of an emergency. Several evacuation routes have been identified and will be presented and discussed at the March 3rd City Council Meeting. Date: Wednesday, March 3, 2004 Time: 7:00 P.M. Location: Council Chambers 13777 Fruitvale Avenue Saratoga, CA 95070 For more information please contact John Cherbone at 868-1241 or email at jcherbone@saratoga.ca.us. ;/ \...... 'E-;-- ~";. ~...~, .- I " :'\ t~ ,=,.;. ~5 ,7'-",.. .. .r;n--," - · _r...."'''',~ ~ "; \'~~I'",;<",,,,.,..l£ø '\\''';';,,,"~,,",'(,,,,>,,lc,);,",,,,M¡' n,· ., '7t ,,'m'--"~ ~~í ~. ~ )\ .. '\"'d~/""_~''''''''''"''rJ\..",-~ ~I ~t Mr--~'~ ATTACHMENT 2 ! _ ____ r::'; d"~ rf" .". -~" ~ r.~:J?'ft./ j " fOI,WtiAn . . ~ ~ ~ ~tp,~ \J ' .', '-- f' ,/ ~:,/ .-< """ t ~.:;__ ) '« IT''' i("l::<I ~,-¡¡: Heriman- ~. . ,/~"""'~."'. ~~. _ p tJ«:...,:I__'J~¡"'~~':-~:¡:( _~~'."''¡f '" "., i.,.~~ ""'. ~ ~ I ¥I ""i~ _ "'.<\~.-:~ :;;,.~'i' " "P ..,~ ~<¡f .~ ~~a ."g ,~' £.. --- _ '.:7...., ..".~ ~'~ ,~,ô. ~ \ -.v-;::? _..~~ 'II ---~ ~ <' ~...\." ~ ". .......... . . 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'-Xl:;e~n:~~~n"þcy .. r\/.\." :;",;,/;:""",,,:,\~,'<~·t;.~';::.:··"····· .' '. ,~It. _':, . -iV"-, "" '11<J . '.... ,I ,..... '/(/. " '%. "". . ......,~:....-' />\:: "'- ~ '= ~~..'" \~ ...... ~.. á'~ I Ø\'" j i';ßb~~ ,:'00Y''''};;o \ \<~~~.~~~"";~....~." /' ~. L4i ~ . . . .n.. . .' ( ì" ':'\i. .,"~~>,,-¡' i~'" ! "~I ""~'":::~.';" \~...><~~" (.,' ~'':Wi/ ~.'. :j/'~ ~. _ _ "'~" þ; ?c·<:Ä ~~~.: - 1 r d -:- ....." -~..... ... .t.or g1..0U.1.L l .~ 1..:- ~_~ ...,,....,.., * ATTACHMENT 4 . J EMERGENCY ACCESS ROAD Preliminary Cost Estimates . Option lA - Montalvo Artists in Residency to Norton Road 750 feet long, 12 feet wide road constmcted of 10 inch baserock with Grass Pave System and lawn on top or Gravel Pave System. Both systems are covered porous paving sheets filled with gravel with optional layer of sod on top. Irrigation of Grass Pave System is required. Clearing and grubbing Grading including recompaction of loose fill Baserock Grass Pave or Gravel Pave System Drainage Irrigation Total Construction Private property acquisition Minimum legal fees Total option lA . Option IB - Montalvo Parking Lot to Norton Road $5,000 $60,000 $65,000 $35,000 $10,000 $25,000 $200,000 $395,000 $200,000 $795,000 . 2000 feet long road, 12 feet wide constructed of 8 inch baserock with pressure treated wood retaining walls where needed and three ravine crossing structures. Clearing and grubbing, removing trees Grading Baserock Retaining walls including drainage Culvert with headwall and outlet structures Prefabricated bridge with foundations, abutments Prefabricated bridge with foundations, abutments Total Construction Total option 1B Private property acquisition (not required) Minimum legal fees (not required) Page 1 of2 $45,000 $95,000 $130,000 $160,000 $75,000 $125,000 $125,000 $750,000 $750,000 $1,050,000 $200,000 . .. e e e · Option 2A - Cuvilly Way to Oak Street Gravel Pave or Grass Pave System (see option lA) Private property acquisition Minimum legal fees Total option 2A · Option 2B - Cuvilly Way to Lomita Avenue Gravel Pave or Grass Pave System (see option lA) Private property acquisition Minimum legal fees Total option 2B · Option 2C - Cuvilly Way to Montalvo Heights Drive Gravel Pave or Grass Pave System (see option lA) Private property acquisition Minimum legal fees Total option 2C Page 2 of2 $80,000 $605,000 $200,000 $885,000 $100,000 $650,000 $200,000 $950,000 $180,000 $420,000 $200,000 $800,000 ATTACHMENT 5 I SARATOGA FIRE DISTRICT SERVICE SINCE 1923 e February 18,2004 John Cherbone, Public Works Director City of Saratoga 13777 Fruitvale Ave Saratoga, CA 95070 Re: Fire Road Access Dear John: The Saratoga Fire District appreciates the opportunity to participate in the review of hillside emergency road access in the Norton Road area. While this letter addresses issues specific to Bohlman and Norton Roads, the District is also interested in assessing emergency egress opportunities throughout the community in the future. The Fire District supports developing alternative emergency egress in the BohlmanlNorton Road area. Based upon the review committee meetings, proposed map diagrams, and site visits, we feel the best egress opportunities are from Norton Road through the Montalvo property. We believe this is superior than egress from Bohlman Road for three reasons. First, the constriction e of Bohlman at or near the Cuvilly Way intersection creates a situation were exiting residents could be bottlenecked. Second, because of the narrow roadway, emergency equipment coming uphill would both hamper and be hampered by exiting residents. Third, once down Bohlman Road, traffic would be channeled into the downtown area or Oak Street. Since both Big Basin Way and Oak Street School have been designated as emergency equipment staging areas, it is best to leave these areas as free from traffic as possible. Egress through the Montalvo property, on the other hand, moves traffic off Bohlman Road above the Cuvilly Way bottleneck, allows emergency equipment to move uphill without conflict, and channels residents to Saratoga-Los Gatos Road away from downtown and Oak Street. For these reasons, the District supports the development of an egress road through the Montalvo property. The Saratoga Fire District is encouraged by the community's interest in exploring alternative fire protection solutions. We are committed to working with all of the public and private groups associated with this project. If there are any questions regarding this matter, please contact me at 408-867-9001 x 302. Sincerely, e 14380 Saratoga Ave. . Saratoga, CA 95070-5953 . (408) 867-9001 . Fax (408) 867-2780 . www.saratogafire.com 02-24-2004 05:53PM FROM-Shute, Mihaly & Weinber¡er LLY. t41000'oala l-U,u r.UUIIUUL r-.;¡ I '.~ . ·:Mätteo~· . ·~O~Saxe.~ .. .LaÚg1iliIÌ L A VV Y E k S '. ATTACHMENT 6 .' " " R,"~,1I('y M. M;'In~'n~i .. February 24, 2004 via FAX to (~15) 552-581'9 a~d USPS , .. (\ormtslJ E. Ma~~II:(lßi P.C"~g)' M. O~J..uílgJI]Jn 1~llrU)1\ C. U,=(,·tll\nun (,.·j\1'~Y, Hn\\1ihqn - . ^l1en Itnherl :>o.'Xf! OJ' (:)uus~'l :Mr. Richard s.. Taylor . . . City Attorney, City of Saratoga Shute. Mihaly & Weinberger, I..,LP · 396 Hayes. Street . . San Francisco, CA 94102-442~ '. Re: ~otential èondemnation ~f M~~t:¡¡lvo Propertý : .. e · Deat Mr. TaYlor: 1 wrne to you as special-counsel for VilIà Montalvo, which has. been·in discussions with the CitY of Saràtoga concerning a potential condemnation through a portion of its property to serve as a fire access road. .' . . . . . . '. MontalvD objects to the. proposed route that would takè Ìh~ firè road through its newly-comp1eted artist residel1tial development (this route i~ referred 10 as:the ·Orchard Route").. . . . , . . The immediate cqncem is the imRact on the specia! purpr¡¡se.: u~e of tt)e artist residential development by intn.ision of a fire ltIad. Moreover,.the OTchard Route is extremely steep, narrow; and winding · and wUl present a traffic. hazard whe., u~ed for fire escape conditions. · The construction of a road between the twò upper cottages would' pose a' considerable engineering challenge and Montalvo beliéves .there are other serious environmental impacts.' . .' . . . '. D B4B The Alamede . ::~n Jn~e, CA 95126 . I . ph. 40à.293.430~· . rJ I: ¡ fox. ~08.29.3.~OOI, . _ 1. .., W'W;W.auulcmlu.com . 02-24-2004 05:53PM FROM-Shute, Mihaly & Weinberier LLP. . c.... ..... _. _ .._., '41 ~~~l~~ 1 b ¡-u,u r . UULI UUL r-,;¡ I . .. . . Mr. Richard S, Taylor . . FebruarY 24, 2004 . . Page :z . . . . .' . , . Because Montalvo is à sp.eèial pU!'P0se propertY, the land would have . to be appraised at its full /'(Iarkei'value for reSidential hUlside development 'and the damages wOµ!d 'be assessed on the special purpose us:e of the Mòntalvo for the ·aits. .', . / e . . . These points highlight objections that we wQulti '!lake if 1I1e .' Orchard' Route is presented in a hearing.for a re~olution 10 authorize cóndemnatici~. . . . . . . '. .' In á'word, we do not believe'thàt the gr~atest public gbod~and the least: . I'riifa~e injur.;:.is served by this ró~e. . . . . . . :rhis is particularly SP l;>eœUse of other alternatives thà(Monialvo has jhv~tigatêd'and díscussed with City représentatives. In fåCl, Montalvo woµld make. " th.e land for the alter~ative available, éi!t no cost to·the City. . . I send you this. because I 'understand the matter·is to: be' cIi~cussed .by the COuncil on M~rch 3, and 1 warn.you to have ap'reyiew of 1he.issue. I would welco~e the .oppci~unity to disCuss ·this m¡;¡tter further· with you. e . " NORMAN E. MATTEO l " .' NEM:jm ". . co; Elisbeth Challener Greg. Prow Kevin MtC!arnay' .. .' . . . . " F:\Users\Jesse\ðgreements\taYI~rrIChara 02232004 reYBGII.O?C _. Page 1 of 1 . John Cherbone From: Myrna J. Thompson CPS/CAP [myrna02@earthlink.net] Sent: Wednesday, February 25, 2004 8:28 PM To: John Cherbone Subject: 3/3/04 Importance: Low Hi, We just received the city's letter on Bohlman Road exits. We live near the Montevina exit and prefer it to stay this way. In 1997 the county gave a few of us the route to travel if needed. I/we do not have any key to unlock any gates since residing here. Respectfully, Myrna This e-mail is for the sole use of the intended recipient(s) & may contain CONFIDENTIAL & PRIVILEGED info. Any unauthorized review, use, disclosure or distribution is PROHIBITED. If you are NOT the intended recipient, please contact the sender by reply e-mail & destroy all copies ofthe original message. e . 2/26/2004 Page 1 of2 ¡ John Cherbone e Diana Sellers [dsellers@stastnybrun.com] Tuesday, February 24,200412:35 PM waltonsmith@comcast.net; kk2king@comcast.net; sbogosian@aol.com; kiine@caspr.com; nstreit@cpa-oniine.com Cc: kwalierstein@viliamontalvo.org Subject: Fire Access Road through Villa Montalvo From: Sent: To: Following is an electronic copy of a letter from Donald J. Stastny, opposing the construction of a fire access road through the Villa Montalvo's Artist-in-Residency site. A hard copy will follow via U.S. Mail. CITY OF SARATOGA 13777 FRUITV ALE AVENUE SARATOGA. CA 95070 24 FEBRUARY 2004: e This letter is in response to a proposal to construct a fire road through the Artist-in-Residency complex at Villa Montalvo. As Architect of Record for the project, r feel it is my responsibility to point out a number of issues regarding this proposal. Previous A!!reements with the City of Saratol?:a During the process of planning and designing this complex, Villa Montalvo and their Architect worked continuously with the Fire Marshall and the Planning Staff to create an acceptable fire protection plan for the site. This included a central roadway system iliat was approved as to width, slope and turning radius (curvature). Given the unforgiving nature of the site regarding environment and geotechnical issues, integrating the fire access road into the site was not an easy task. Through the cooperation of all, we were able to "thread" a road through the complex. The City requested that the fire road not continue further up the hill since the complex was viewed as an isolated area and fire vehicles could get to it from below and above (from the upper street). At that time, the City of Saratoga did not view the road through the complex as an extension into the upper neighborhood-in fact, wanted to keep the road limited to the complex, Construction and Structural Issues Due to the extensive geotechnical work executed on the site, and the resultant requirements of the City, all construction on the site required extraordinary structural considerations due to seismic requirements. This includes the roadway. As currently constructed, it is a reinforced concrete roadway with integrated storm water drainage. The road, and the site, are engineered to support fire vehicle weights, and are also engineered as a structural "ribbon" to maintain its integrity should seismic activity occur. The primary issue here is that this is not common roadway construction and extension or modification of the existing fire/access way would be far more expensive than standard road construction in another location. The Effect of Traffic Throue:h the Comolex e The Artist·in.Residency Village was conceived and designed as a tight complex of structures integrated into outdoor spaces. Vehicular movement is limited to emergency vehicles and service carts. The pedestrian character of the place is integra! to the creative environment the artists require-and is One of the key factors in '11'1t:J'1{\{\A Page 2 of2 making the place "marketable". Any traffic through, especially because of slopes and geometry of the roadway, would create enonnous liabilities for the City and any outside users of the roadway. An argument that it would "only be used in an emergency situation" does not preclude skateboards, mountain bikes or other tools of movement that may find their way to the site should there be connection at the top of the hill. · An Economic Emdne The investment of nearly $10 millìon by Villa Montalvo and its community of supporters is a bold step ¡neconomic development-not only forVil]a Montalvo but also for the City of Saratoga. This construction thrusts Villa Montalvo into the world market of "creativity" and promotes the "economic" value of culture as fundamental to the health of our communities. Compromising the mission of this facility compromises the future viability of the City of Saratoga. Dollars gained in the local economy from events and visitations are lost-as well as the economic "leverage" these dollars bring to a community. This world-class institution is contributing to the "making of place" that will support and enhance the quality of life ofSaratogians for generations to come. Intrusions (like a fire road) into the Village reduce marketability and, therefore, the potential of economic benefit to the City and region. J have not been advised as to oilier potentiaJ routes where a fire access or egress road might be Jocated--either on or off Villa Montalvo property-but I do know that location of the road in the Artist-in-Residency complex would be disastrous economically and culturally-and would require funding that is far greater than standard roadway construction in another location. Any consideration of a route through the Artist-in-Residency complex should be removed from discussion and consideration. Sincerely, ST ASTNYBRUN ARCHITECTS. INC. DONALD J. STASTNY FAIA FAICP · · 2/26/2004 · SARATOGA CITY COUNCIL MEETING DATE: AGENDA ITEM: 1 &--:?~ March 3, 2004 ORIGINATING DEPT: Public Works PREPARED BY: Carv Bl~ CITY MANAGER: DEPTHEAD:, '(rCt~ ..eQL./-'-,-,,<- SUBJECT: DeAnza I PG&E Trail Public Process Options RECOMMENDED ACTION(S): 1. Determine type and composition of body to conduct the public input process and project development. 2. Provide direction to staff regarding the use of a professional facilitator to assist with the public input process. · REPORT SUMMARY: · Introduction: At their February 4, 2004 meeting, City Council provided feedback and directed staff to move forward with the process of developing a pedestrian/cycling trail on PG&E right-of-way lands running parallel to the railroad tracks between Saratoga and Saratoga/Sunnyvale Avenues. Council specifically requested staff generate options for developing an active public process and project development, which will occur over an estimated eight month time frame, and to bring these options back for review by the City Council at a future meeting. In addition, Council expressed interest in retaining the services of a profession meeting facilitator to assist in the public process as directed by Council. If Council so directs, staff will generate a Request for Proposal (RFP) to retain the services of a professional meeting facilitator and bring a contract back to Council for approval at a future meeting. Discussion: Public input: As per Recommended Action No. 1 above, determine type and composition of body to conduct the public input process and project. Listed below are several options for consideration: 1. Public Hearings (Conducted by City Council in a more formal setting) . 2. FacÜitated CouncÜ Adhoc/Task Force Meetings (Membership consisting of two Council Members and key project stakeholders, such as interested residents, PG&E Reps, Park and Rec. Commissioners, etc...) 3. Community meetings conducted by the Parks and Recreation Commission. Professional facilitator: As per Recommended Action No. 2 above, provide direction to staff regarding the use of a professional facilitator to assist with the public. As was done for the Gateway project, a professional meeting facÜitator, with staff support, would assist staff and handle the public process. Summary: If Council so directs, staff wjIJ go out for an RFP to retain the services of a professional meeting facilitator and wjIJ implement, as directed by Council, the appropriate public input process. FISCAL IMPACTS: Depends on City Council's direction. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): . Public process options wjIJ not be determined. ALTERNATIVE ACTION(S): Council determines an alternate public input process. FOLLOW UP ACTION(S): Depends upon the direction by Council. ADVERTISING, NOTICING AND PUBLIC CONTACT: As directed by Council, advertise each project public meeting by utilizing direct mailers, website posting, and the newspaper. ATTACHMENTS: None. . '. . . . SARATOGA CITY COUNCIL <t: MEETING DATE: March 3, 2004 AGENDA ITEM: ORIGINATING DEPT: Administrative Services CITY MANAGER: .oJ ~- PREPARED BY: Jesse BaIO~ DEPTHE~ SUBJECT: State Budget Update RECOMMENDED ACTION(S): Accept Report. REPORT SUMMARY: The current budget scenario remains as foJlows: 1) The City will lose approximately $576k of its current year VLF revenue stream, which is considered a backfill gap to be repaid in 2006, and 2) $156k is permanently lost beginning in FY 2004-05 in property taxes as a result of Governor's proposed expansion of the ERAF shift of local property taxes to support school funding. As you may recall, Proposition 57 provides for a one-time $15 billion Economic Recovery Bond to refinance past budget deficits via Y. cent triple-flip. Proposition 58 requires future balanced budgets, prohibits future bond financing of any deficit, and creates a rainy day reserve to assist with future economic downturns and/or to make an early payoff on outstanding bond obligations. $3 billion of the $15 billion bond proposal is to be used to help close next years spending gap. As of late-February 2004, recent field polls are showing that the above Propositions are gaining turnaround support. Proposition 57 and 58 support is at 50% and 55%, respectively. The field poll is believed to have a 3.3% plus or minus margin of error. At the time of the Council meeting, the March 2, 2004 voting results will have been determined and a further update will be provided on March 3, 2004. A Joint meeting with the Council, Finance Commission and City management has been tentatively schedule for Tuesday March 9, 2004. Staff will continue to monitor all information received regarding the States budget process and its potential impact to City of Saratoga revenues. If necessary, remainder of the year budget adjustments will be introduced on March } / 17, 2004. Information affecting the City's development of the FY 2004-05 budget will be . addressed during the City's ongoing budget process. Staff has also solicited feedback from other cities on how they've balance their current year budget and whether or not scenarios have been developed for the outcome of Proposition 57 and 58. Please see attached summary from other nearby cities. Future milestones of the States budget process include the following: · April 1, 2004 - All proposed budget adjustments to the Governor's budget, excluding capital and May revision, are due to the Legislature. · May 14,2004 - Governor's May Revised budget for 2004-05. · June 15,2004 - Legislature is required to pass the budget bill. FISCAL IMPACTS: To be determined. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): . N/A. AL TERNA TIVE ACTION(S): N/A. FOLLOW UP ACTION(S): Continue monitoring the States budget process and its impact on Saratoga finances. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. A TT ACHMENT(S): Attachment A - Budget strategies from other nearby cities. . 20f2 e e . ATTACHMENT A BUDGET STRATEGIES Original Question: I. What steps have you taken to balance your current FY 2003-04 budget? 2. What is your strategy for balancing your FY 2004-05 budget with the passing of Proposition 57 & 58? And without the passing of 57 & 58? City of CampbelI We really haven't taken any steps specifically related to Prop. 57 & 58 passing or not passing. I advised the Council at our Mid-Year that until we know what the actual impact will be, it's hard to make any specific recommendations. We're proceeding conservatively and plan to draw upon our reserves to make this year and next year balance. We have 4 vacant positions that were not funded in the current year's budget, and we have not filled two additional positions that vacated after the budget was adopted. We're looking at revenue enhancement opportunities; e.g. we did a City-wide user fee and cost allocation study last year and will be updating these fees annually. Also, we may be looking into amortizing our increased PERS costs to hopefully reduce the annual impact of that higher expenditure. I have pulled Booking Fees out ofthe budget for now as I don't believe we'll get that, but VLF is still in at the normal amount. Basically we're in a holding pattern to see how the propositions will unfold and what the ultimate result will be in tenns of impact to our City. At our upcoming Budget Study Session, a number of budget balancing considerations will be discussed with the Council, but nothing specific is in the works at the moment - other than those things I mentioned. City of Cupertino Cupertino took a midyear budget adjustment to Council last month which reduced our revenue projections and expenditures by $3.2 Million (10% of the general fund). We feel that this will keep us in a conservative but realistic budget scenario for the remainder ofFY 03/04. As to strategies for the Propositions, we will be proposing a "hold the line" budget, new revenues (9-1- I is the largest impact) and then we will just wait and see. City of Morgan Hill Morgan Hill, in 2003/04, has a hiring freeze and directions to departments to minimize spending. Through the use of our 5-year financial projections, the Council has endorsed a multi-year strategy to cut costs and increase revenues by certain target amounts so that expenditures and revenues are in alignment by 2007/08. We are assuming no additional financial hits by the State and will reevaluate based upon any steps the State takes. We can afford to wait until 2004/05 to make any large changes because we have very large General Fund reserves. City of Mountain View We 'over balanced' (or 'over cut' depending on how you see it) our budget this year by $2.5 million dollars (that is, est. revenues exceeded appropriations) expecting a bigger State impact than the $1.3 VLF loss experienced and don't need to do any mid year adjustments. Overbalancing this year gives us a head start on next year's estimated shortfall of$] -$].5 million BEFORE considering the unknown State impacts. We are proposing a status quo balanced budget recommending $1 - 1.5 million in expenditure reductions and a list of additional reductions and revenue enhancements totaling some $5 million or more that will be implemented to the extent necessary to balance after the State robs us. The strategy is to blame the State for the substantial service level impacts we anticipate lof2 ATTACHMENT A will occur from further revenue losses. We aren't developing separate strategies ifthe propositions pass or don't pass. e City of Saratoga To balance our current budget, the City has had to implement a current hiring freeze affecting three positions, consolidated two positions into one, instituted a freeze on employee merit, and has deferred major facility maintenance and capital replacement expenditures. At this time, the City has so far left its contingency reserves intact, which is approximately 45% of General Fund expenditures. Our 2004-05 Budget process may consider a combination of both temporary program reductions and use of reserves. In the meantime, we are searching additional revenues enhancement opportunities such as the UUT, parcel tax, and redevelopment agency. If Prop 57 & 58 do not pass, it is believed that the impact wi II result in a more significant hit that will require a balanced solution, which may consider further structural adjustments with how our City plans to continue to provide its current or reduced level of service. City of Santa Clara A number of weeks ago, our City Council asked what the impact to the City would be if 57/58 did not pass. I have been trying to develop a good response should it come up again. I asked Rebecca Elliot what the League's position is. She said they have not fonnulated one yet. I reviewed the League's Priority Focus newsletters since early January, and there was no hint in there what the League believes might happen if 57/58 does not pass. There was a newspaper article in the SJ Mercury New on 2/4 that quoted the official election pamphlet for 57/58 as saying "The only choice will be to drastically increase taxes", signed by the Governor. The same article says the Gov is now distancing himself from that prior statement by saying that the pamphlet also warns of cuts. I believe that if 57/58 doesn't pass, the state may try to resort to the "triple-flip" bonds that Gov Davis was planning on issuing to pay offthe $12 B in bonds that are coming due, and swap some of our local sales tax with property tax, so the state has the additional sales tax as a "new" revenue source as required by the rating agencies. However, I understand that these "triple-flip" bonds are tied up in court. I'm not too sure about that. e Bottom line, we are waiting to see what happens. Weare preparing our budget using the Gov's budget measures at this point. If 57/58 doesn't pass, and the triple-flip bonds don't go, and the legislature passes the buck to the locals even worse than the Gov's budget (which we won't find out about until after our budget is adopted), we will deal with it mid-year next year. . 20f2 . , . . e . SARATOGA CITY COUNCIL MEETING DATE: ý C.,J~ 7 March 3, 2004 AGENDA ITEM: ORIGINATING DEPT: Community Development CITY MANAGER: Christy Oosterhous, AICPJ1'DEPT BEAD: Associate Planner PREPARED BY: SUBJECT: Citizen advisory committee for the General Plan, Land Use Element Update. RECOMMENDED ACTION: Direct staff to advertise for volunteers to participate on a citizen advisory committee for the General Plan Land Use Element Update. REPORT SUMMARY: Public participation will play an important role in updating the Land Use Element of Saratoga's General Plan, which was last adopted in 1983. At the direction of the Council, staff will advertise for volunteers to participate on a citizen advisory committee for the Land Use Element Update. Staff will organize interviews to be conducted by the Council with interested persons. The Council will appoint approximately five citizens to work with staff on the advisory committee. State law specifies during the preparation or amendment of the general plan, the planning agency shall provide opportunities for the involvement of citizens, public agencies, public utility companies, and civic, education, and other community groups, through public hearings and any other means the city or county deems appropriate. While there is no legal requirement that an advisory committee be formed some cities and counties have found them useful to help identify issues, as well as to encourage public participation. Staff will work closely with the advisory committee to ensure a well-design public participation program is implemented to achieve the following: · Inform the public ofthe ongoing general plan update. · Obtain public input regarding major issues, community objectives, and plan policies. · Provide the public with opportunities to evaluate alternative plans and to participate in choosing the preferred alternative, as needed. · Inform decision makers of public opinion. · Work towards community consensus. 1 A draft outline of the work program for the land use element update has been completed. The draft outline is attached for your information. ALTERNATIVES: Not applicable. FISCAL IMPACTS: Not applicable. ADVERTISING, NOTICING AND PUBLIC CONTACT: Mailed notice to property owners within 500 feet, posted notice, and advertised the notice in the newspaper. ATTACHMENT: 1) Draft outline of the work program for the land use element update. 2 ¡/ · · · . e . DRAFT OUTLINE GENERAL PLAN LAND USE ELEMENT UPDATE FOR COUNCIL CITY REVIEW I. Introduction A) Define Land Use Element B) Relationship to other General Plan Elements C) Semi Rural Philosophy of City of Saratoga D) History of Land Use Planning in Saratoga E) Public Participation in General Plan Land Use Element Update F) Environmental Review of the update II. Goals, Policies, Objectives and Implementations (to be incorporated throughout element) III. Land Use Density Update: population and building density update from Dept. of Finance current estimates for persons per household for Saratoga. IV. Citizen Initiatives Affecting Planning A) Measure A - Hillside Specific Plan B) Measure G - Density V. Single Story Overlay in Saratoga Woods (text and map of affected area) VI. Existing Land Uses: include data on existing land use categories in city by percent of total and acreage (include vacant lands). VII. Development Potential A) Abrams Property B) Gateway VIII. Annexation A) Annexation Policy B) Annexation History (include list of annexations since incorporation by area/location/parcel #, date, acreage) C) Development Potential and Annexation D) Unincorporated (county) Properties E) Urban Service Boundary and Sphere of Influence IX. Hillside Development A) West Valley Hillside Preservation Strategies B) Hillside Specific Plan and Preferred Density 2/1912004 ... . X. Design Review A) Findings: Mass, Bulk, View, and Privacy B) Design compatibility, architectural styles, and colors XI. Public Participation in Development Review Process XII. Quasi-Public Facilities and Public Facilities XIII. Economic Vitality and Community Character of Commercial Areas A) Downtown Big Basin B) Gateway C) Argonaut D) Quito Village E) Prospect and Lawrence XIV. Professional Office Development Outside Commercial Districts A) Medical Village B) Saratoga Office Center XV. Land Use and Fiscal Policy XVI. Land Use Map Categories and Standards . XVII. Area Plans A) Description of Area Locations in the City B) Guidelines for Area development C) Map 1. Mt. Eden Road 2. Congress Springs Pierce Road 3. Blue Hills 4. Triangle North 5. Triangle South 6. Quito 7. Fruitvale Sobey Rd 8. Fruitvale West 9. Glen Una 10. The Village 11. Sunland Park 12. Kentfield XVIII. Cellular Wireless Facilities A) Future cellular facilities shall be designed underground. B) Proposed facilities at existing sites shall match existing facilities in design and construction. . 2/19/2004 e e . C) Extensive landscaping shall be required. XIX. Historic Resources A) Heritage Orchard B) Historic District Downtown Big Basin C) Historic Residences XXI. Arbor Resources A) Urban Forest Plan B) Tree Protection and Removals during Construction C) Tree Removal Permits not related to Development XXII. Second Dwelling Units XXIII. Mixed Use XXIV. Wi1liamson Act A) Policy on Renewal and Termination of Contracts B) Map ofWi1liamson Act Properties C) List of Parcels Under Contract XXV. Code Enforcement XXVI. Limit Nonconforming Structures and Uses A) Amend Ordinance to quantify routine maintenance and repair (% demo new construction shall meet current regulations); and B) Amend Ordinance to quantify nonconforming off-street parking situations (% demo applicant shall provide two-car garage minimum). 2/1912004 . . . SARATOGA CITY COUNCIL (D MEETING DATE: March 3, 2004 ORIGINATING DEPT: Community Development AGENDA ITEM: CITYMANAGER:CJ~ DEPTHEAD~ PREPARED BY: Thomas Sullivan, AICP SUBJECT: Quito Road Housing Contract for Environmental Services RECOMMENDED ACTION: Authorize the City Manager to execute a contract with David]. Powers Associates for the preparation of an environmental impact report (EIR) for the proposed 60-unit condominium at Quito Road. REPORT SUMMARY: The City has received an application for development of a 60-unit condominium, from Barty Swenson Builders. Staff, based upon an Initial Study prepared in-house, detennined that an environmental impact report is required pursuant to the California Environmental Quality Act (CEQA). A Request for Proposals (RFP) was sent ro five consulting finns on December 1!, 2003. The firms were: ElP, Environmental Science Associates, Impact Sciences, Placemakers and David]. Powers Associates (Powers). Four finns expressed a desire ro submit proposals while Environmental Science Associates declined to submit. Two finns, Impact Sciences and EIP decided late in the process to decline to propose citing workload and lack of staffing. Both Powers and Placemakers submitted proposals on Januaty 7, 2004 as requested in the RFP. Placemakers cost came in at $109,402 and David]. Powers at $158,954. Staff conducted a thorough review of both proposals and contacted references provided by the two firms. Both firms have strong quali£ications and excellent references. Staff recommends Powers because of their local experience and selection of subconsultants. Powers is currently working with the City's Public Works Department on the Quito Bridge Project and the Director of that department highly recommends their work. Additionally, Schaaf and Wheeler, water quality and flooding subconsultants, and Hexagon Transportation Consultants have conducted work in Sararoga and have a proven track record and staff's confidènce. On Februaty 17, a question arose with respect ro the ability of the Principal in Charge at Powers. to be objective in the environmental process for the Quito Road proposal (see attached e-mail). It is alleged that she is an advocate of "high density, low-income housing", and as such could not remain objective. Additionally, Powers has worked with Barry Swenson Builders in the past via projects proposed in the City of San Jose. A concern arose that because of this previous work, with the City of San Jose as the Lead Agency, objectivity on the part of Powers could not be maintained. ADVERTISING, NOTICING AND PUBLIC CONTACT: e A neighborhood-scoping meeting will be held after Powers is authorized to proceed. Noticing will be conducted during the environmental review process pursuant to state law and local ordinance and policy. ATTACHMENTS: 1. Request for Proposals 2. Proposed Scope of Services from David J. Powers Associates 3. Electronic Mail Correspondence e . 30f3 , e . e ''..1.. \" I ¡Ii I I I I iI?' ""'- ~ w-......... I', I \ I ¡ \ ì ! ! !¡I/",>-- ............, '* "."" II' , ..-.-'--L._.._._j-._........_ '--..J.'/.!! / ~ ,<{':----.. ~~$ite \ ~'. "- ,,!! I~! . Ve ~ :-......~Parcel.s \ "- ; "I ).'i ~ W." E 0, 100 200 00 400 500ft ~ < ,;:.~:":i_/ I "- StreeU'afTeS / ~__.. ~_I ~ R~1 ",-',;/ ì i! ,,"' 'y<>, / / "- "- -~ \' '- ',/ !,o " _....·..·7\$ ."'--... ~~J ì~ '-,- / \'/ ¡ --../...."--... { . '-../ : I >-- ~ ' \ t ~./ (; \' " : "./ '~'.//;~ I " ..\~/. iii )\ \-(/"-J. ._;" -f8 ',___--1 I I~ 1 i /~ \ ,\ t~· A .^ 'y" , ,_._ o.¡;.,'" , i ' 1"- I ,', . . "', ~ ~ 0 ,/ >"vt>-_ ! W ! I ! f ; 'oJ ." / '\/\' <'t"J...,1Ii (~r. _ .-<" -.....__ ' '__L._' , f, ! ~,'~ ,.\~. li"0/ì: ~:\~./ :¡~·':::fIT'-~-r ·i··=i~:::r:·~]:·:·~~·:\ .~, '", .:\,\ "- ~~Q~ "...._ ')J/" r ,I I I _1._____.1-___--". ~~, ,\~, ~ '.... " ' -' f' ---, --, : i ' I "- '--... ' "\ '--... -~\..,(--~'.,... ¡ I' \._.-_I\~.._ . '\ ~~''--...~\.\ Þ~OþO':"""""""'" \ \:~ '-,: \ -""'"'' ._¡. ----1' \. ~~~__.L' >, : U(,() ---I r-~~..::.~::·-;:..< \ ...\ ~. ,'...rY .~'-.. // i(ñ ~ , " ! I I ' '-~..' ."§§' I' \ ,', I\'..'~ .~"1lz.^ \_.~l J i ! ! I / ", ",.r \. \ I., \ \ . \\\ ~ ~"O .~ i I I /-/ \' . ,J.-!! ! i L.._·_··J \.........-'(.\;\ / I'" "'. "'I ,-...., Perego'Wat' ........'.... : "¿:1'-- I (-..,--·-i",-·T--ì \ \ I' Iiì í ./ /'>-.. '" < l.__..,__.,_}~.'T."~-."l-._"-~.m.- ::.___ ..;_.;::;' 'y'.:'!--'''--\ \_...._..__\ ¡ \ \ \ \ \ \ j )~~_._.~._....~ i [;/00""/ ,/ // .>' " .. !!! I ' .,>1'......../ \ \! , \ ' ¡¡Way"""" ""', 1.., ,[ ~~.. / ..",- t:j/~;~L:,:~~~:iY'(\ \ fe:'\:::\::=::::~' 'r::·'I::·:';;::\-Lj £·\:~:.~~]\,/(tZ) b;~,"'~/ ~_.._,.____~..I ,: i. ....r\'(\t\)10 \..____.......·-JII' , I .....-...,.-....-..1"-. \ ---1- i : i _ \ \ì \ "", / .1. i EXISTING CONDITIONS The property is approximately three acres in area and absent of easements, the site contains approximately 1.67 net acres. A portion of the site is within the 1 OO-year flood plain. A PG&E eJectrical tower is located on the northwest portion of the site and two equipment enclosures are located below the tower. Cell equipment is located in one of the enclosures (Phase I Environmental Site Assessment, Ceres Associates, project #CAI062-1 July 1, 2003).. The property is developed with four residential structures built prior to 1939. Historically the sjte supported an orchard and remnants of that use are visible today. The structures on site are rented and there is evidence of car repair operations being conducted on the property. Suspected asbestos-containing materials including asphalt-based roof tiles, insulation materials and floor coverings were noted on the property during a Phase I environmental site assessment (Phase I Environmental Site Assessment, Ceres Associates, project #CAI062-1 July 1, 2003). PROPOSED PROJECT Page 2 of7 . and intensity of residential land uses may be adopted only with voter approval. For this project voter approval will be required for the proposed increase in density and the change in land use designation. e When a developer wishes to take a project to the voters in order to increase the al10wable density of a residential project the proposed project must first receive al1 entitlement approvals, such as Design Review, Subdivision, Conditional Use Permit and Environmental Determination from the City's Planning Commission. Subsequently, the project goes before the City CounciJ for review. The City Council has the authority to place the proposed project on the next available General or Special Election. SCOPE OF SERVICES The Environmental Consultant wi11 provide environmental consulting services to the City's Community Development Department. The services wi11 include the fo}]owing: Attendance at Meetings: Assume a minimum of eight meetings to include one (1) project initiation with City staff and consultants, one (1) scoping meeting with the neighborhood, three (3) before the Planning Commission (public hearing and a study session during the draft EIR phase and one at the hearing to recommended adoption of the Final EIR), and one (I) before the City Council at the certification of the Finàl EIR. Also, please assume two (2) working meetings with City staff and Consultants at both the draft and response to comment phase of the EIR depending upon the magnitude and complexity public comments. . Preparation of Schedule: Prepare a schedule for environmental services and anticipation of review and hearing dates. Preparation of all Administrative Draft EIR: Prepare and provide the City with eight copies of the Administrative Draft EIR. Assume that all the CEQA topics (except agriculture and mineral resources) are analyzed in the EIR/ErS based upon the attached Initial Study. Assume four alternatives to the project, which will include: No Project; Existing Zoning, Project as Defined by the Results of the EIR/EIS, one additional alternative to be determined. Preparation of a Draft EIR: Prepare and provide the City with 250 copies of the Draft EIR. Provide one unbound copy suitable for reproduction. Provide an electronic copy of the document suitabJe for pubJishing on the City's web site. In lieu of250 copies of the document, the consuJtant may provide 100 copies of the document and 150 CD's burned for distribution. Preparation of all Administrative Final EIR: Prepare and provide the City with eight copies of the Administrative Draft Final EIR. . Page 4 of? e A1J proposals received by the dead1ine will be evaluated. The selection criteria will include, but not be limited to, the fo1Jowing criteria: ~ The technical competence, expertise and innovative ability of the respondent as demonstrated by the respondent's previous experience and references. ~ Agreement to the City's standard professional services agreement. >- The qua]jf¡cations ofthe partners and associates andlor principals to be assigned to perform services for this contract; ~ The respondent's fee schedule; ~ The respondent's holding of sufficient insurance to protect the City from any]jability arising as a result of respondent's advice; ~ Respondent's ability to perform services in a timely and responsible manner. The City reserves the option to interview the top two fina1ists. The ConsuJtant chosen will not necessarily be the lowest bidder and the City reserves the right not to enter into a contract with any of the respondents. Schedule for Submission of Proposals e One signed original and seven (7) copies of the proposal must be receivèd no later than 4:30 p.m., January 7, 2004. Proposals may be mai1ed or hand delivered to the fo1Jowing: Allison Knapp Consulting Planner City of Saratoga Department of Community Development 13777 Fruitvale Avenue Saratoga, CA 95070 AND Two (2) copies of the proposal must be received no later than 4:30 p.m., January 7, 2004 to: Allison Knapp Consulting Services 590 Steiner Street, Suite 302 San Francisco, CA 94117 With the notation: NO SIGNATURE REQUIRED Any questions about this Request for Proposals, or about the seIection process, may be directed to Allison Knapp at (415) 863-3995. e Page 6 of? e PROPOSAL FOR THE QUITO ROAD RBSID,ENTIAL PROJECT CITY OF SARA TO'GA, CALIFORNIA I I e I I I I I I I I I PREP ARED BY DAVID 1. POWERS & ASSOCIATES, INe. JANUARY 7, 2004 e I Ie I I I I I I I Ie I I I I I I Ie I I ~J Quito Road Residential Project EJR Scope of Work David J. Powers & Associates, Inc. Page 2 residentiaJ deveJopments, retaj] and office commerciaJ developments, medical and psychiatric facilities, and high voJtage transmission lines. Most of our work is done for projects within the Santa CJara YaJJey, aJthough we have worked throughout CaJifornia. C]ients have incJuded JocaJ City and County governments, numerous private deveJopers, the CaJifornia PubJic U6Jities Commission, Lawrence Livennore Laboratory, the Department of Energy and the Department of Defense. David 1. Powers & Associates, Inc. has extensive experience in evaluating environmental impacts associated with Jocal urban development. Impacts that are most frequently at issue incJude air quality, transportation, noise, drainage and flooding, and urban infrastructure construction. Other subjects that are often addressed during the environmental review process incJude impacts to archaeoJogicaJlhistoricaJ resources, vegetation and wiJdJife impacts, Jand use conflicts, visuaJ and aesthetic impacts, energy conservation methods, hazardous materiaJs, and seismic hazards. David J. Powers & Associates, Inc. aJso identifies mitiga60n programs designed to reduce the impacts identified during the environmental review process. Mitigation programs can include Transportation Demand Management Programs, mitigation ofwetJands and unique wildlife habitats, and archaeoJogicallhistorical monitoring. The company identifies mitigation that can feasibly be implemented in confonnance with the Assembly Bj]] 3180 legisJation requiring monitoring and reporting of mitigation measures. David J. Powers & Associates, Inc. honors a basic philosophy of providing each cJient with objective and thorough research, accurate jdentification of project impacts, and a carefuJJy written analysis of those impacts with appropriate mitigation. The company is often seJected for projects with cri6cal time schedules, requiring strong management and organizationaJ controL PROJECT DESCRIPTION QUITO ROAD RESIDENTIAL PROJECT The trianguJar-shaped project site is bounded by Quito Road on the west, State Route 85, Southern Pacifjc Rai]road tracks and overhead high voJtage eJectricaJ Jines on the north and northeast, and Wildcat Creek on the west and southwest. The project area is primarily single-famiJy residential in nature, with the nearest homes located across WiJdcat Creek southwest of the site. The project site appears to have been in agricuJtural produc60n at one time as indicated by the existing remnant orchard trees and barn-like structures located on the site. During the time of our site visit, it was unclear whether the structures on the site are currently inhabited. The proposed project would include the removaJ of two existing houses from the approximateJy ¡ .67- acre (net) site and the construction of 60 condominium units in four separate structures. Building heights on the site wouJd be restricted to 30 feet. One hundred and fjfty underground parking spaces would be constructed as part of the proposed project. Landscaping would be instaJJed throughout the project according to the City of Saratoga's requirements. Two of the existing garageslbarns on the project site would be retained and used for social and/or recreational uses. Access to the site would be provided at one location on Quito Road. The proposed project wouJd require amendments to the City of Saratoga's Genera] Plan and Zoning Ordinance. The project also includes improvements to the adjacent WiJdcat Creek in order to remove the site ITom the ¡ OO-year floodplain. Therefore, the project may require pennjts ITom the U.S. Anny Corps ofEngjneers, RegjonaJ Water Quality Control Board, California Department ofFish and Game, and tUUI lI~tI mœ~ ¡ . . I I I I I I I I I I I I c: Quito Road Residential Project EIR Scope of Work David J. Powers & Associates, Inc. Page 4 3.0 Preparation of the Administrative Draft EIR DJP&A will prepare an Administrative Draft EIR (ADEIR). The ADEIR wi]] address a11 the environmental impacts associated with the proposed residential project. The ADEIR wi]] incJude a preface/introduction, summary, description of the project and environmental setting, an in-depth discussion of environmental impacts, and identification of proposed and appropriate mitigation measures. DJP&A wiJ] submit up to lO copies of the ADEIR to the City of Saratoga Community DeveJopment Department and up to five copies to the appJicant (jfthat is acceptabJe to the City) for review and comment. 3.I Preface/Introduction . The EIR wi]] incIude a preface explaining why an EIR is being prepared and summarizing the uses of the EIR. 3.2 EIR Summary The EIR will incJude a summary section consisting of a concise description of the proposed project, and a brief narrative outJining the project's environmental impacts and proposed or feasibJe mitigation measures. The summary wi]] aJso describe any known areas of public controversy and the aJtematives to the proposed project. 3.3 Project Description Based on infonnation provided to DJP&A by the City and/or project appJicant, the EIR win describe the proposed project, incIuding the required changes to the City of Saratoga's General Plan and Zoning Ordinance and the proposed flood improvements to Wildcat Creek. Appropriate graphics, incIuding maps, tables and charts, wiIJ be provided to j]]ustrate the project, as appropriate. In accordance with CEQA Guide1ines Section 15 J 24, the EIR will identify the project objectives, as outlined by the City/appJicant, and will describe the intended uses of the EIR. The discretionary actions, required pennits/approva]s necessary for the project (such as loca], state and federaJ pennits/approvals), and the City's pJanning process wj]] also be identified. The project description wj]] evaJuate the consistency of the project with the City of Saratoga's plans and policies. The EIR wjJJ aJso incJude a description of the reJationship between the proposed project and other appJicable local pJans, policies, and reguJations, as we]] as those of the RegionaJ Water Quality ControJ Board, the Bay Area Air QuaJity Management District, and the Santa CJara Yaney Water District and other agencies, as appropriate. 3.4 Environmental Setting, Impacts, and Mitigation/Avoidance In accordance with CEQA Guide1ines Section 15 J 25, the EIR wi]] cIearly describe the development history and environmental setting for the project site and surrounding area, and wiIJ emphasize any particularJy sensitive environmental characteristics. The EIR wiIJ identify the thresholds/criteria for significance for each technical subject area. The technical analyses described be]ow wjJJ be attached as appendices to the EIR. e e e ß-I1D (;JC@f0] m~~ I Ie I I I I I I I Ie I I I I I I '- I I ,:~ Quito Road Residential Project ElR Scope of Work David J. Powers & Associates, Inc. Page 6 eastern side of the bank and includes Sycamore trees (among others), as we] as both native and non-native understory plants. The remainder of the project site is covered with primarily ruderal vegetation, some remnant orchard trees, and a significant number of oak trees, as described in the tree survey previously conducted for the site, which wiJJ be used in the preparation of the EIR. The EIR discussion ofbioJogical resources wi]] be based on a bio]ogical assessment to be prepared by H. T. Harvey and Associates, Ecological Consultants, under contract with DJP&A. The bioJogical assessment will include a review of a]] avaiJabJe sources of bioJogica] information, such as the Ca!ifornia Natura] Diversity Database, and an extensive field review. Biotic, wildlife, and regu]ated habitats on the project site will be surveyed and mapped. Impacts to these habitats will be determined and mitigation and avoidance measures wiJJ be identified. Hazardous Materials The project site is bounded on the north and northeast by overhead high vo!tage electrical Jines, and two PG&E enc]osures are located near the base of an e]ectrica] tower. A portion of the site may have been or is current]y being used for automotive repair and some of1he existing buildings on the site may contain Asbestos Containing Materials (ACMs). A Phase 1 Environmental Site Assessment has been prepared for the site and wjJ be used to the extent possibJe to identify mitigation and avoidance measures for significant impacts, as appropriate. The potentia] impacts of constructing residentia] uses in proximity to EJectro Magnetic Fields (EMFs) will also be discussed in the EIR. Traffic and Circulation The EIR wj]] describe traffic and circuJation impacts resulting rrom the proposed residential project, based upon a traffic anaJysis to be prepared by Hexagon Transportation Consultants, under contract with DJP&A. The foJJowing scope is based upon the infonnation included in the RFP and the previousJy prepared InitiaJ Study for the project and wjJJ be subject to final review and approvaJ by City of Saratoga staff. The project's traffic impacts wj]] be evaJuated during the AM and PM peak hours at the fo]]owing intersections: · . Quito Road! Aspesi Drive · Quito Road!A]]endaJe Drive · Quito Road!Cox Avenue · Fruitvale A venuel AJJendáJe A venue AJJ intersections wjJ be evaluated with the TRAFFIX software, using the 2000 Highway Capacity Manual (HCM) Jeve] of service methodology. The project-specific traffic analysis wjJJ evaJuate the four intersections for the existing, background (existing voJumes pJus traffic rrom approved, but not yet constructed deveJopment), project (background volumes pJus traffic generated by the proposed project), and cumulative scenarios. Based on the proposed 60-unit residential deveJopment, project-generated traffic wjJJ be estimated using the appropriate vehicuJar generation rates pub!ished by the Institute of GriD œI~m m~~ - I I I I I I I I I I I I I c~ Quito Road Residential Project ElR Scope of Work David J. Powers & Associates, Inc. Page 8 the proposed channel improvements wjJ1 avoid flooding impacts to the proposed deve]opment and no additiona] mitigation measures wi]] be required. Cultural Resources The EIR wi]] describe the potentia] for the project to resu]t in significant impacts to buried archaeoJogicaJ resources, based upon a literature review and fieJd inspection to be conducted by Holman & Associates, archaeological consultants, under contract with DJP&A. The literature review wjJ1 be done at the California Archaeological Inventory located at Sonoma State University. The EIR wj] contain recommendations for further research in the event that historical or prehistoric archaeoJogicaJ materials are Jocated, or are suspected to be located, on the project site, which is next to a creek. Appropriate mitigation measures wj] be identified for potential impacts, as necessary. The cuJturaJ resources anaJysis wi]] also incJude an historical architecturaJ review, since there are four structures Jocated on the site that were constructed prior to 1939. Holman & Associates wjJ1 conduct focused historical archiva] research on the project site and win evaJuate the four structures to detennine if they are e]igib]e for incJusion on the CaJifornia Register of Historic Resources. If they are detennined to be eJigibJe, possible mitigation measures, and/or project alternatives that would avoid the impact, wjJ1 be incJuded in the EIR for this significant environmental impact. For the buildings to be demolished as a result of the project, this Scope of Work jncJudes identification ofre-use as a mitigation measure. This scope does not; however, incJude a feasibiJity anaJysis of re-using the two buiJdings (structuraJ, costs, etc.). Geology and Soils The entire Santa Clara VaJley floor has been designated as a liquefaction zone by the AIquist Priolo Act/Map. The EIR wjJ1 describe this and other geoJogic conditions and potential impacts to the project, based upon a project-specific geotechnicaJ report prepared by a Jicensed geoJogist, to be provided to DJP&A by the City/appJicant. The EIR wjJ1 reflect the design and construction measures identified in the report, as necessary, to reduce any geological impacts to a less than significant IeveJ. Visual Resources The EIR wiIJ describe the existing visual character of the project area and the change in vi sua] character resuJting from deveJopment of the project. The EIR wj]] inc!ude eJevations of the proposed project, as seen from various viewpoints, to be provided eJectronicaJly to DJP&A by the City/appJicant. The EIR wiJl describe any relevant policy issues and the visuaJ consistency with both existing and any planned deve]opment of adjacent properties. Mitigation wj] be identified, as necessary, in tenns of the City's Jandscaping, architecture, and design review standards. 3.5 Cumulative Impacts The ErR will incJude a discussion of cumulative impacts of the proposed project in combination with other past, pending and reasonabJe foreseeabJe future development in the area, in confonnance with CEQA Guidelines Section] 5130. A Jis! of past, present, and . . . ~r1[l mlQM mB~ Ie I I I I I I I Ie I I I I I I .. I I ,.- ..J Quito Road Residential Project ElR Scope of Work David J. Powers & Associates, Inc. Page 10 agencies. A copy of the DEIR wiJJ aJso be provided to the City in Pdf fonnat, for posting on the City's website. DJP&A wi11 also be responsibJe to preparing all necessary notices for the EIR, including the Notice ofComp]etion, the Notice of Availability, and the Notice ofDetennination. DJP&A wi11 file the Notke of AvaiJabi]jty at the Santa C]ara County C]erk's office. All necessary fees for fiJing this Notice are included in the cost estimate for the proposed project. The cost estimate does not include the cost for pub1ishing the notices in newspapers. 5.0 Preparation of the Final EIR Upon conclusion of the DEIR circu1ation period, DJP&A wi11 prepare the Final EIR in the fonn of an Amendment to the DEIR. In confonnance with CEQA Guide]ines Section 15132, the Final EIR (FEIR) wi1l consist of the foJJowing items: 1. List of individual and agencies that received the DEIR; 2. Revisions to the EIR text, as necessary; 3. List of individuals and agencies commenting on the DEIR; 4. Responses to comments received on the DEIR, as directed by the City staff, 5. Copies ofJetters or records ofverba1 comments received on the DEIR; and 6. Summary records ofpub1ic hearings, if requested. AJJ responses to written comments wi11 be prepared in accordance with the CEQA Guide1ines (Section 15088). This proposal includes responding to a maximum of20 pages of both written and verba] comments, which is assumed in this Scope of Work to require approximately 50 hours of Project Manager time to complete. This scope assumes that no comments are received that require substantiaJ additional technica] anaJysis. If additiona1 time or technkaJ ana1ysis is required to respond to the comments, it can be conducted as an extra work task, on a time and materia1s basis, in accordance with the attached fee scheduJe. Eight (8) copies of an administrative version of the FEIR wi11 be submitted to the City for review. The FEIR wi11 be revised per the comments received, and two copies of a "Screencheck" FEIR wi11 be prepared. Once the "Screencheck" FEIR is approved by the City, DJP&A wi11 reproduce up to JOO paper and 150 CD copies of the FEIR. DJP&A wi11 distribute the FEIR, based upon a circu1ation 1ist provided to DJP&A by the City staff. Remaining copies of the FEIR wi11 be submitted to the City for their use. A copy of the FEIR wi11 also be provided to the City in Pdf fonnat, for posting on the City's website. 6.0 Preparation of Mitigatjon Monitoring Program DJP&A wi11 prepare a draft Mitigation Monitoring Program for the project, consistent with the requirements of Section 15091(d) of the CEQA guidelines, commensurate with the leve] of project infonnation detaiJ avaiJabJe. The Mitigation Monitoring Program wi11 summarize the mitigation measures identified for an significant impacts, the responsible impJementation agency, the monitoring phase, and the enforcement or monitoring agency. The draft Mitigation Monitoring Program wi11 be submitted for review to the City with the Administrative Final EIR. A copy of the Mitigation Monitoring Program will be provided to the City in Pdffonnat, for posting on the City's website. ~~[J œm~m G10r§1 - I I I I I I I I I I I .. \oJ Quito Road Residential Project EIR Scope of Work David J. Powers & Associates, Inc. Page 12 SCHEDULE . David J. Powers & Associates proposes the following optimum schedule for preparation of the EIR for the Quito Road Residential project. DJP&A can commit to maintaining the schedule in the areas which are within our controL Completion of the EIR, as described in this schedule below, is based upon receipt of aIJ necessary project information on schedu]e. DeJays in receiving requested information or responses by others wìJ] result in at least day- for-day deJays in the overal1 schedule. The below schedule also assumes that no comments are received during the circulation of the EIR that raise any new issues, or require additional technical studies. TaskJProduct Completed at End of Week Receive Written Authorization and Project Plans, Day] receipt of geology and hazardous materials reports Prepare EIR Notice of Preparation (NOP) Week 1 Drainage/flooding, traffic, bioJogy, and cuJtura] Week 4 resources reports compJeted. NOP Circulation Period Ends (30 days) Week 5 Completion of noise impact analysis Week 6 DJP&A comp1etes Administrative Draft EIR Week 9 City reviews Administrative Draft EIR Week 1J DJP&A prepares "Screencheck" Draft EIR! Week 13 City reviews Screencheck Draft EIR! Week ]4 DJP&A submits DEIR to City for circulation! Week 15 PubJic Circulation of Draft EIR (45 days)/ PJanning Week 21 Commission Study Session DJP&A prepares Administrative Final EIR' Week 23 City review of Administrative FEIR Week 25 DJP&A revises AFEIR and prints "Screencheck" Week 26 Final EIR" City Reviews "Screencheck" FEIR Week 27 DJP&A prints Final EIR" Week 28 Final EIR Circulation period (J 0 days) Week 29.5 Public Hearings Begin'" Week 30 . ASSUMPTIONS: t Assumes that the City Project Manager wil1 provide us with one conso]jdated set of comments from al1 City Departments on the ADEIR within two (2) weeks, and al1 comments on the "Screencheck" DElR wj¡hin one (J) week. · Assumes that no new technical analysis is required and that a substantial amoun; of public comments are not received. .. Assumes City reviews Admin. FElR and provides us with one consolidated set of comments within two (2) weeks, and a1l comments on the "Screencheck" FEIR within one (J) week. . **. Ear]jest date that Planning Commission and City Council hearings can occur. ~~n ~øm m~~ I Ie I I I I I I I .. I I I I I I t. I I ~. \oJ Quito Road Residential Project ElR Scope of Work David J. Powers & Associates, Inc. Page 14 CONCLUSION A ttached to this Scope of Work, you wiJI find the resumes of the personneJ at DJP &A that wj]J be preparing the EIR, a Charge Rate Schedule, as wen as Descriptions of Representative Projects and Insurance Coverage InfoD11ation. Please note that the designated Project Manager, Jodi Starbird, will be responsible for preparing each section of the EIR with some research assistance from Wj]J Burns, an Assistant Project Manager at DJP&A. 1 win be serving as Principal-in-Charge for the Quito Road Residential Project and wiJI be responsible for providing guidance during the preparation of the EIR and quaJity assurance once the document is prepared. No document leaves DJP&A offices without first being read by a Principal. A1so attached to this Scope of Work are Statements of QuaJifications, resumes, and insurance infoD11ation for each of the subconsu1tants who win be preparing the technica] reports to be used in the preparation ofthe Quito Road Residentia] EIR. We appreciate your consideration of our fiD11 for this work and look fOlWard to working with you on this project. P1ease Jet me know if you have any questions about this proposa] or need any additionaJ information. Sincere]y, , 't J/!Jlul, J.Ll) ÁWIU~_ V \ fì V Miche11e Yesney U Vice President 03-106 ¡attachments ~,[jn lB~m mœ~ I I I I I I I I I I . (; Quarry Hills Subdivision EIR Lead Agency: Contact: Town of Los Altos HjJ]s Planning Department Linda Ni]es, Senior PJanner (fomJer PJanning Director of Los Altos HjJ]s) City of Huntington Beach, 2000 Main Street, Huntington Beach, CA (714) 536-5271 Address: Phone: David J . Powers & A ssocjates, 1 nc. prepared a Supplemental E lR t 0 address the subdivision and annexation of a site adjacent to a fOmJer quarry, in the unincorporated northwester]y hjJ]s of Santa Clara County. An amendment to the Town's General PIan was also required. The project was to allow a 23-10t residential subdivision on a 78-acre site. Issues addressed included 1and use and loss of open space, transportation and traffic, geology and seismic hazards, vegetation and wildlife, and cultural resources, as well as a number of other potentially significant effects. Hidden Valley Ranch EIR Lead Agency: Contact: Address: Phone: City of Fremont P!anning Department Janet Harbin, Associate Planner 39700 Civic Center Drive, Fremont, CA 94573 (510) 494-4444 David J. Powers & Associates, Inc. assisted the City of Fremont in reviewing a proposaJ to subdivide 21 acres into] 8 residentia] lots. The City staff prepared an Initia] Study, and asked David J. Powers & Associates, Inc. to prepare supplementaJ technica! reports, and to review documentation prepared by the City and the project proponent. Issues included biologica1 resources, culturaJ resources, and loss of open space. Eventually, David J. Powers & Associates, Inc. prepared a focused EIR for the City which addressed the Joss of an historic structure on the property. Richmond Ranch EIR Client: Contact: Address: Phone: Gibson Speno Companies David Lazzarini, Vice President 1735 Technology Drive, Suite 125, San Jose, CA 951 J 0 (408) 436-7140 David J. Powers & Associates, Inc. prepared the EIR for a 260-unit residential development located in South San Jose, adjacent to three creeks, incJuding Thompson Creek. This project proposed the development 0 f a full 2 60-unit subdivision, which required substantial grading to provide for the proposed homes and accompanying street system. One of the major issues addressed in this EIR was the impacts of the deveJopment upon the adjacent creeks, in tenns in bank stabiJity, impacts to the riparian habitat, runoff, water quahty, and flooding. Other primary issues addressed in this EIR included land use, geoJogy, culturaJ resources, traffic, drainage, and visua] impacts. . . e e 3,~n IIQm mG)~ I Ie I I I I I I I Ie I I I I I I .. I I ~.. David 1. Powers & Associates, Inc. prepared the EIR for the North Park Residential Genera] PJan Amendment Project. The project consisted of an amendment to the City of San Jose General PIan. The project proposed a land use designation change from Industria] Park to High Densìty Residentia] on an ] 8-acre site Jocated in north San Jose. The Genera] P]an Amendment wou]d a]]ow the deveJopment of up to 456 dweJJing units on the site. The primary issues evaJuated in the EIR were the foJJowing: traffic, air quaJity, noise, water, and aesthetics impacts. GleJIwood Estates Golf Club and Residential EJR Lead Agency: Contact: Address: Phone: City ofScotts Va]]ey Bob Hanna ] Civic Centre Drive, Scotts Va]]ey, CA 95066 (408) 438-2324 David J. Powers & Associates, Inc. prepared the EIR for GJenwood Estates, a 250-unit residential development and] 8-ho]e golf course in Scotts VaJJey, CaJifomia. The major environmental issues addressed in the EIR incJuded vegetation and wiJdlife (riparian and special status species), drainage and streambed impacts, water quality, land use, traffic, air quality, and geology. This was also a very controversial project, especially reJated to potentia] impacts on speciaJ status pJant species. O'Connell Ranch Golf Club and Residential EIR Lead Agency: Contact: Address: Phone: City of GiJroy Michael Dom, Director of Administrative Services 7351 Rosanna Street, GiJroy, CA 95020 (408) 842-2409 David J. Powers & Associates, Inc. prepared the EIR for the O'ConneJJ Ranch development which consisted 0 f 850 residential u nits a nd an] 8-hole championship golf course in G iJroy, California. Environmental analysis for the residential and golf course deve]opment incJuded land use compatibility, Joss of agricuJtural land, vegetation and wildlife impacts (specia] status species), culturaI resource impacts, geology, water quality impacts, transportation/traffic, and air quaJity Issues. Los Suenos Housing Project HUD Format III Lead Agency: Contact: Address: Phone: City of San Jose Department of Housing Paul Marcum, DeveJopment Officer 4 North Second Street, Suite 900, San Jose, cA 95]] 3 (408) 277-4747 David J. Powers & Associates, Inc. conducted the federal environmental review (HUD Format III documentation) for a 46 townhome residential development for very low and low-income, first-time homeowners. This project inc1uded meeting the environmenta] review requirements of the U.S. Department of Housing and Urban Deve]opment (HUD). Key issues invo]ved in this project included noise and historic/archaeological resources. ~fjD IIQm mæ~ I I I I I I I I I I I I I 0 Harry Road Residential Development Lead Agency: Contact: Address: Phone: City of San Jose LaureJ Prevetti, Principal Planner 801 North First Street, San Jose, 95110 (408) 277-4576 David J. Powers & Associates prepared an EIR for the General Plan Amendment and PJanned . Development rezoning for a residential project in the southem Almaden VaHey area of San Jose. The proposed development would have aJlowed up to 54 single family dweJling units and a pubJic street on 37 acres. The property had been designated as "Private Open Space" in the General Plan, and had been so designated as part of a rezoning for industria] uses more than 20 years previously. The proposed General Plan amendment and rezoning were, therefore, very controversiaL Verona Ridge Residential Dewlopment Lead Agency: Contact: Address: Phone: City of San Mateo Lisa Ring, Associate P]anner 330 West 20th Avenue, San Mateo (650) 522-7202 David J. Powers & Associates, Inc. prepared an EIR for the Verona Rjdge ResidentjaJ DeveJopment. The Verona Ridge ResidentiaJ DeveJopment proposed constructjon of 34 single-famiJy homes on lots 4,800 square feet in size on a ¡2.5-acre site. Individual Jots would cover four acres of the site and private roadways on an additionaJ J.44 acres. The remaining 7. J acres of the site wouJd be left as open space. The project incJudes a homeowners association for the ownership and maintenance of common open space. 300 Harrison Street Project EIR Lead Agency: Contact: Address: Phone: City of Oakland Community and Economic DeveJopment Agency CJaudia Cappio, Major DeveJopment Projects Manager 250 Frank Ogawa PJaza, Suite 3330, OakJand, CA 94612-2032 (510) 238-2229 David J. Powers & Associates prepared an EIR for construction of 9 J residential Joft-style dwelling units in a five-storybuiJding on a 0.7-acre site Jocated in the Jack London District ofOakJand. The project site is located on the remaining vacant parcel within the historic Waterfront Warehouse District. One of the primary issues addressed in the EIR is the project's individual and contribution to a cumulative impact to the historic district and to the immediately adjacent historic structures. A previous (1999) EIR prepared for development of a s1ightJy Jarger deveJopment on the site was subject of a Jawsuit and found to be inadequate. Other issues addressed in the EIR incJude Jand use compatibi1ity, visual impacts, noise, air quality and wind, and traffic and parking. e e e ßo[jD mIØ~ m@~ e I I I I I Ie I I I I I I '- I I~; PROFESSIONAL EXPERIENCE: 1992 - Present 1988-1991 ~~~ DAVID J. PO~lERS . . fi1m~ MICHELLE YESNEY PRlNCIPALIVICE PRESIDENT PrincipalJProject Manager David J. Powers & Associates, Inc., San Jose, California · Provide management and oversight in preparation of environmental documents by others, ensuring consistency and credibility. Ensure that a11 documents reflect the best avaiJable technical expertise. · Advise pub1ic agencies and private sector c1ients on CEQA processes and procedures. Assist public Agencies in reviewing 1'ŒP A and CEQA documents. · Principal-in-Charge for: San Jose Flea Market General Plan Amendment EIR; Morgan Hill Community Center E1R; Mountain View Housing Element Update Initial Study; San Jose Level of Service Policy Modifications EIR; Santa Clara University Master Plan EIR; San Jose Housing Opportunities Study EIRs; Paicines Ranch EIR; IKEA Store in East Palo Alto EIR; u.s. DaraPort Facility EIR; 3Com Site X and Pal Site EIRs; Cisco Systems Site 4 and Site 6 EIRs; Agnews West Campus/Sun Microsystems EIRs; Rivermark Mixed Use Project EIR; San Jose Urban Growth Boundary EIR; Bayshore North Redevelopment Project EIR; Alviso Master Plan EIR; Moitozo Ranch/Irvine Apartment Communities E1R; Town & Country Village (Santana Row) EIR; University Circle EIR; Del Norte County MRF Initial Study. · Project Manager for: Veritas Headquarters Initial Study; Cisco Systems Child Care Facility Initial Study; Novell North San Jose Campus EIR; Tamien Station Area Specific Plan EIR; EIRs on the Western Placer Materials Recovery Facility, Expansion of Tri-Cities Landfill in Fremont, and Southside Quarry Expansion; Initial Studies for yard waste composting facilities, landfill closures and wood waste processing facilities. Director of Environmental Management City of San Jose, CaJifornia · Managed development/impJementation of innovative environmentaJ programs for water conservation, hazardous materialsltoxics management, urban forest preservation, and other initiatives. Responsible for initial planning and start-up of city initiatives for . nonpoint source control, air quality, and water reclamation. Environmemaì ConsultaniS & Planners 1885 The Alameda' Suite 204· San Jose. CA 95126' Tel: 408-248-3500' Fax: 408·248-964]' www.davidjpowers.com ~~~ DAVID J. PO~lERS mm~ .- e JODI STARBIRD ENVIRONMENTAL PLANNERJPROJECT MANAGER PROFESSIONAL EXPERIENCE: 1998 - Present Environmental Planner/Project Manager David J. Powers & Associates, Inc., San Jose, California · Research and prepare environmental documents required under Federal and Ca]ifomia Jaws, incJuding: Environmenta] Impact Reports, Environmenta] Clearance Applications and InÜiaJ Studies. · Project Manager for the folJowing projects: Evergreen Retail Center, Masonic Temple General Plan Amendment, Evergreen Commons Shopping Centers, Oakridge Mall, Isabel Avenue Widening Project, Stevens Canyon Road Replacement, Pulte Homes/Larkspur Landing, Harkins Slough Road Bridge, Alameda Creek Flood Control Project, Carematrix Senior Housing. FMC Redevelopment, Los Capítancillos Freshwater Wetland, Eastridge Shopping Center, Edmunson and Boy's Ranch Reservoirs, Capitol Mini Storage, Stevens Canyon Road Bridge Construction, Los Altos Hills Pathway Element General Plan Amendment, Los Gatos Trail, and Stevens Creek Trail. e ii Ii I I I I 1987-]998 I I I I I I I ft. · Assistant Project Manager for the folJowing projects; Hollìster Wastewater Diversion Project, North Livermore Avenue/I-580 PSR, and San Jose Urban Growth Boundary. Environmental Planner/Researcber/Grapbjc Artist David J. Powers & Associates, Inc., San Jose, California · Project Manager for the folJowing projects: Parkside Townhome.5, Sawamura/Cilation Homes, Doyle School Site, South County Courts Facility, and KSJO/KFOX Radio Tower and All-Trash Recycling. · Co-Project Manager for the folJowing projects: Sobrato-Old Oakland Road, MacKay Drive General Plan Amendment, Roosevelt Park, Children ~ Discovery Museum Pedestrian and Bicycle Bridge. · Graphic Artist for the folJowing projects: San Jose Arena Facility, Guadalupe Corridor, Giants Stadium Projects, Guadalupe River Park, Routes 85 and 87, Vasona Corridor, Cerro Plata, Jackson-Taylor Residential Strategy, Midtown District Specífic Plan E1R, San Jose International Airport Runway and Taxiway, Levin Rezoning, Alviso Master Plan EIR, Informix, Novell, 3 COM and Agnews East and West. e Environmental Consultants & Planners ~ OM "'~L._ ^ r~~,o...~ . 'nit", 704 . San Jose. CA 95126. Tel: 408-248-3500 . Fax: 408-248~964 J _ I I I I I ,_ I I I I I I '- I I\fJ PROFESSIONAL EXPERiENCE: July 2003 - Present 2002 EDUCATION: G~n DAVID J. POWERS lI~m mm~ WILL BURNS ASSJTANT PROJECT MANAGER Assistant Project Manager David J. Powers & Associates, Inc., San Jose, California · Assist in the preparation of environmental documents including: Environmental Impact Reports, Initial Studies, Environmental Impact Statements, and Environmenta1 Assessments in order to comp1y with CEQA and NEPA. · Provide detai1ed ana1ysis of potential environmental impacts, identify mitigation measures, and prepare Mitigation PJans. · Coordinate with app1icants, subconsu1tants, and local pJanning staffs in processing environmenta] documents. · Assistant Project Manager for environmenta1 reports prepared for the fonowing projects: Martha Gardens Specific Plan, Almaden Road General Plan Amendment, Regional Medical Center General Plan Amendment, and Zanker Road Landfill Closure Environmental Planning Intern Santa Barbara County Department of PJanning and DeveJopment · Worked on the Housing Team to update the Housing Element of the General P]an · Researched housing data using U.S. Census 2000 and community reports · Prepared draft Housing Needs Assessment section of the 2003 Housing E1ement Update Bachelor of Arts - Environmental Studies & Global Studies - June 2003 University of Ca1ifomia, Santa Barbara Environmental Consultants &: Planners ] 885 The Alameda' Suite 204 . San Jose, CA 95126· Tel: 408-248-3500' Fax: 408·248-964 J )'~VIPOW ACORD~ INSURANCt:: BINDER OATE 12/02/03 'I1iIS BINDER IS A TEMPORARY INSURANCE CONTRACT. SUBJECT TO THE CONDmONS SHOWN ON THE REVERSE SIDE OF THIS FORM.·- PROO<H:'R '---'--tmrÈ :-'949-729-0777 -- COMPANY . ~-.._- Professional pr~tiE~~ . - . Fi.gelity and Guaranty Iln !BK01609972._____ Insurance Brokers~. Inc. _.--ºM:L.~~ÆCTlVE 1lME, I 1'- DAJX~~RAï .. ~1JMI:__ 2244 West Coast Hlghway, Suite 200 12/03/03 12:01 LE m. 102/03/04 LX¡12""AM Newport Beach, CA 92663 ._~---L-_.,-LL~ e .---.... "1'-" \ SUB CODE: 67:f09 ..1 .. ____". David J. Powers and Associates 1885 The Alameda, Suite 204 San Jose, ,CA 95126 n"I1S BINDER is ISSUED 10 EXTEND COVERAGE IN ¡HE ABOVE NAMED COMPANY PER EXPIRING POLICY I: DE.SCI1!PTION OF OPERA TIONYVEHlClESlPROP.ERTY {lm:!udlng Lou~} Loc#l: 1885 The Alameda, Suite 204, San Jose, CA 95126 Loc#2: 355 West Hedding Street, San Jose, CA 95110 CODE: to. ENCY CUS1OME"R 10: INSUREÐ 1 COVERAGES "'--' .- UMITS ! COINS ~( AMOUNT '_.-. ._..~-,... ¡ 158,300 .. ! .. I TIPf OF INSURANCE PROPE.RTY CAUSE~;; lOSS -.- 4 BASIC 0 BROAD rKJ SPEC .1 ".. _.___.C.?Y~RAGElFO~~. ¡ Business Personal Property DEDUCTIBLE 500 I ---""- See Sec. conditions Other Covera es I GENERAl UA.B.lUTY '~ COMMERCIAL GENERAl L~ILITY ~.~ CLAIMS MA.DE ~~: OCCUR: I '--1 -! .---..- ......-.----... I See Spec. Conditions/Other ) AEitlO DATE FOR CLAIMS MADE: EACH OCCURRENCE ':I,,_, 0 ° 0 , Q.Q!L ! FIRE DAMAGE ¡Anyone fire) s3 0 q.~.. M¥D EX? (Any Of'Ie þØlioon) dO _ 0 0 0 .,_ PERSON~~.l> A!JV 'NJ~.~!l , 00 q (_ 0 0 º . Coverages GENERAlAGGRE~TE '02 05U2.LQQ_0. , PRODUCtS· CQMPIOP AGG s2 tOO 0 I 0 0 0 ~~~-~~~... $ - .-._-*-. , BODILY INJURY ¡per person) S BODILY INJURY (Plôir atcident) $ PROPERTY DA~~~. j MEDICAl PAYMENTS St- '$ .--. ÞERSONAL INJURy PROT $ UNINSUR~.oMOTOR¡~T .!_____. " AUìOM013LLE LJABlUTY I . ~y AUTO í -- All OWNED AUTOS ", __~ SCHEDULED AUias .~ HIREO AUTOS " _ ~ ¡ NON-QWNED AUTOS .~ I I AUiO PHYSICAL DAMAGE DEDUCTIS,lE : ALL VEHICLES U SCHEDULED VEHICLES , ACTUAl. CASH YALl}f Sl..ATED AM~_ $ __.l COlLISION: i OTHER THAN Cot: GARAGE UABIUTY ANY AUTO . -"', ....-- OTHER I fXCE6S UAB!UTY _ =l UMBRElLA FOAM , OTHER THAN UMBRELLA fORM RETRO DATE fOR CLAIMS MADE: . AUTO ONLY· EA ACCIDENT ; $ ~THER1::~~::L;±~_ -. AGGREGAT~ $ EACHQCCURRENCE $ .________ AGGREGATE .~ SElF·INSURED R£'Tt;:NTION $ we STATUTORY LIMITS . ¡-- ----¡-. , E·h~~DENT ~_ ~:~~~_:,EAEM~_OYEE $ E.L.DI5EASE- POl1CYlIMI $ 'FEES !$. ~L-.~="-r;--'~-- ! ESTIMATED TOTAL PREM!UM $ I .---.. -~~,,- ; I WORKER'S COMPENSATIQN AND EMPLOYER'S UAB!UTY I SPECIAl: g~~f~nDNSI +* Continued from General Liability Section ** COVERAGES (See attached S ec Conditions/Other Covs a e.) NAME & ADDRESS I MORTGAGEE lO~~S PAYEE LOAN' [.~ ADDrnONAL INSURED -.--..-.-.. I ACORD 75-S (01/98) 1 01 3 # 2 3121 AI.ITHOR1ZED REPRESENTAnVE I I I I I I I I I I I I I I I . . ·~~~~'~~~~~~Jr,!~:~~~~3\HJ~I;I~~E~Îii~¡~llih ¡ri911'p~~~~¡~~....·...·..·.·. Coverage: Employee Benefits Liability (Claims Made) I:tion #: 1 . rks: $1,000,000 Occurrence/$2,000,OOO Aggregate eral Liability Aggregate Per Project, Waiver of Subrogation, and Additional Insured Endorse- ments are included. ** Continued from Property Section ** Commercial Property Location Specific Coverages Location: 1 Building #1: Main Office Location Coverage: Business Personal Property Valuation: Replacement Cost Infl.Guard: 3% Deductible Type: Dollars Location: 2 Building. #1: Warehouse Location Coverage: Business Personal Property Cause: Special Amount: $5,300 Ded.: 500 Valuation: Replacement Cost Infl.Guard: 3% Deductible Type: Dollars . Subject to all terms and conditions of the policy, favorable loss cantrall and inspections. AMS 75.0198.4 (01198) 3 of 3 1123121 CONDITIONS . This Company binds the kind(s) of insurance stipulated on the reverse side. The Insurance is subject to the terms, conditions and limitations of the policy(ies) in current use by the Company. This binder may be canceiled by the Insured by surrender of this binder or by written notice to the Company stating when cancellation will be effective. - This binder may be cancelled by the Company by notice to the Insured in accordance with the policy conditions. This binder is cancelled when repiaced by a policy. If this binder is not replaced by a policy, the Company is entitled to charge a premium for the binder according to the Ruies and Rates in use by the Company. Applicable in California When this form is used to provide insurance in the amount of one million dollars ($1,000,000) or more, the title of the torm is changed from -Insurance Binder- to uCover Note- Applicable in Delaware -- I The mongagee or Obiigee of any mortgage or other instrument given for the purpose of creating a lien on real property shall accept as evidence of insurance a written bjnder issued by an authorized insurer or its agent if the binder includes or is accompanied by: the name and address of the borrower; the name and address of the lender as loss p.ayee; a description of the insured real property; a provision that the binder may not be canceled within the term 01 the binder unless 1he lender and 1he inswed borrower receive wTitten notice of 1he cancel· lation at least ten (10) days prior to the cancellation; except in the case of a renewal at a policy subsequent to the closing of the loan, a paid receipt of the full amount of the applicable premium, and the amount of insurance coverage. I I Chapter 21 Title 25 Paragraph 2119 I Applicable in Florida I Except for Auto Insurance covera.ge, no notice of cancellation or nonrenewal of a binder is required unless the duration of the binder exceeds 60 days. For auto insurance, the insurer must give 5 days prior notice, unless the binder is replaced by a policy or another binder in the same company. I Applicable in Nevada I Any person who reluses to accept a binder which provides coverage of iess than $1.000.000.00 when proof is required: (A) Shall be fined not more than $500.00, and (8) is liable to the party presenting the binder as proof of insurance for actual damages sustained therefrom. I I I ACORD 75·S (Ot/98) 2 ot 2 #23120 . I I I. I I I I I I ~ I Schaaf &' Wheeler CONSULTING CIVIL ENGINEERS COMPANY ORGANIZATION Principals James R. Schaaf, PhD, PE Kirk R. Wheeler, PE David A. Foote, PE Peder C. Jorgensen, PE Charles D. Anderson, PE 27 Employees 13 Registered Civil Engineers (including 6 Hydrologists) 5 Engineers in Training J Ecologist 3 CADDIGJS Operators 5 Support Staff OFFtCE LOCATIONS Silicon Valley JOO N. Winchester Blvd., Suite 200 Santa Clara, CA 95050 (408) 246-4848 OakJand 1440 Broadway, Suite 914 Oakland, CA 94612 . (5]0) 832-4848 Monterey Bay 100 Twelfth Street, Bldg. 2900 Marina, CA 93933-6000 (831) 8834848 San Francisco 870 Market Street, Suite J278 San Francisco, CA 94102-2906 (415) 433-4848 Puget Sound 1001 4th Avenue Plaza, Suite 3200 Seattle, WA 98154-1003 (206) 624-9932 Schaaf & Wheeler, consulting civil engineers, has been providing a wide range of water resources engineering services to cJients in California, Washington, and Nevada for over 18 years. Since our founding in 1985, the finn has grown to include thirteen professional engineers who. are comple- mented by a highly efficient technical and administrative sup- port staff. We have been providing water system planning, design and treatment solutions to federal and local governments, private cJients, and other civil engineering professionals. Some of the services we offer incJude: · Hydrologic and hydraulic anal~'ses including modeling, floodplain srudies and site evaluations; · Water supply master planning, storage, co]]ection and dis·· tributjon so]utions; · Flood control and drainage services, including channel design and restoration, detention!retention!qua]jty basins, and stonn sewer design; · Wastewater and recycled ",ater systems master planning, customer retrofits and reclamation feasibility srudies; · Restoration and enhancement services, including water- shed assessments and rehabi]itßtion, riverine and riparian restoration, erosíon and sediment control and bioengineered channel stabilization. Schaaf & Wheeler has a strong record for perfonning numerous projects for our clients. Repeat business from satisfied clients is a cornerstone of our practice. Our voJume of repeat business indicates that OUr clients: · Respect the technical content of our work · Recognize the value of their work in their successes · ReJy on our ability to deJiver their products efficiently · Recejve respons1ve servke Schaaf & Wheeler is committed. to providing sound, cost- effective engineering services to our cJients using the latest technologies and practices. We are headquartered in Santß Clara, California with additional offices in Seattle, Washington; and San Francisco and Monterey, California to better serve the needs of our clients. For more infonnation, please visit our . website at WWW.swsv.com. e City of San Luis Obispo San Luis Obispo Creek Upstream Detention Plan City of Salinas Drajnage Master P1an Update for Five ProbJem Areas Santa Clara County Traffic A utbority Flood Control Improvements for Highway 8S at Los Gatos Creek Alameda County Flood Control & Water Conservation District ScON Creek Hydraulics Study Marina Coast Water District Urban Water Management Plan J 992 J995 Urban Water Management Plan Update I San Benito County Urban Water Management Plan 2000 I City of Mountain View Charleston Pond, Detention e I Consulting Projects SuppJy EvaJuation ~ RÓmer Associates Las Palmas Ranch Flood Control Plan - MacKay & Somps Intake Structure 10 Create a Muted TidaJ Regime for Marsh Restoration ~ Zentner & Zentner I California State University CSU Monterey Bay Master Plan I Great Oaks Water Company Master Plans for Water Distribution Water System Modeling and Evaluation Water Distribution Pipelines, New Development Water Distribution PipeJìnes, Main Replacement I I Marina Coast Water District Wastewater Master Planning for the former Fort Ord I City of Monterey Engineering Analysis afNon-Potable Irrigation Water Systems I City of San Jose Mi:\ster Plans for Water Distribution Water Distribution Pipelines Water System Plan Checking Master Plan, Coyote Valley . I City of Pacific Grove Storm Drainage Master Plan I _ I I 1_ I I I I I I Ie I I Riverside County Lake County and the City of Chico City ofSimi VaHey Corps of Engineers Counties of Napa and Marin - San Francisco District Cities of Sunnyvale, Fremont and Hayward· San Francisco District City and County of Sacramento - Sacramento District Floodplain and Floodwav Evaluations San Diego County Floodplain and FIoodway Delineation Study 'Monterey County Lower Carmel River Floodway Evaluation and ReaHgnment Santa Clara Valley Water District MataderolBarron Creeks Long-Tenn Remediation Coyote Creek Interior Flooding County of Santa Clara Hydraulk Location Studies for: Guadalupe Corridor Light Rail Plan Pacheco Creek Bridge Replacement Replacement of GjJ}man Road Bridge Replacement of Dunne Avenue Bridge on Anderson Reservoir with a fill section Soil Conservation Service Delineation of the J 04 Year FJoodplain for the LJagas Creek Project Federal Agencies Floodplain DeJineation Study - McCJeJJan Air Force Base City of San Jose Si}ver Creek Diversion HydrauJics Study Corps of Engineers Documentation of the Damages Caused by the J 978 Rain and Snowmelt FJooding in Fresno, Kings, Tulare and Kern Counties - Sacramento District Consumnes River Flood Damage Study -Sacramento District Private Companies Salinas River FJoodway EvaJuatjon and Realignment ~ Amstar Corporation Evaluation of On-Site Retention Required for the Edna-lslay Area - Richmond, Rossi, Montgomery Lasma Ranch Development Flood Control Plan - CourteJis Corporation Watsonvi11e, Hushback Drainage System On-Sìte Retention Plan· Lester & Roach Realtors West Uttle Llagas Creek Floodway Realignment - Overland Enterprises Wingfield Springs _ Pyramid Engineers & Land Surveyors Lemmon Valley (NV) - CFA, Jne. Sacramento Area Flood Control Agency South SUUcr County Flooding Evaluation e I Sun Microdevices Menlo Park Site - David Powers & Associates Levin Ranch Development - David Powers & Associates Stella Business Park - Dav;d Powers & Assoc;ates Guadalupe River Park Master Plan - David Powers & Associates Highway 85 Triangle Improvements - David Powers & Associates San Jose Arena - David Powers & Associates Co]eman and WinfieJd Rezoning - David Powers & Associates H;ghway 237 Upgrade to Freeway - David Powers & Assoc;ates G1enwood Estates - David Powers & Associates Parkway Lakes RV Park - Denise Duffy & Associates Bullfrog Mitigation in Golf Course Ponds - Hogle-Ireland, Inc. Evergreen A!ea Specific Plan - Mìndìgo & Associates Silver Creek Linear Park - Mindigo & Associates MOTi Pojnt DeveJopment - Lea Engineering River Oaks Center - MacKay & Somps I I I e I I I' 1 I I I e I I I I Ie I I I' 1 1 I .. I I Schaaf &' Wheeler CONSULTING CIVJL ENGINEERS tþ:hristopher E. Eggers, P.E. EDUCATiON: BSCE, Seatt1e University LlCENSE: Registered Civil Engineer, Washington #37865 AFFILIA TiONS: Member, F100dplain Management Association EXPERIENCE: Christopher Eggers has project experience in hydraulic modeJing, flood mapping, and design for water resource projects. He has developed hydrau]ic mode]s of watercourses ranging rrom sma]] creeks to 1arge rivers. These models have ranged from short steady state flow analyses for bridge and cuJvert studies, to large and comp]ex unsteady state split flow models. Mr. Eggers has performed hydraulic modeJing for FEMA flood insurance studies, including flood insurance restudies and preparation of applications for Letter of Map Revision (LOMR). He has perfonned dozens of bridge hydrau]ic design and scour eva]uation ana1yses for various federa1, state and county agencies. Mr. Eggers has a]so . performed ]evee remova] anaJyses, a dam removal ana]ysis, hydrau]jc analyses for the design Of cu]verts, bank stabilization and riprap revetment analysis and design, water resources ]itigation support, and water qua1ity analyses. Mr. Eggers has gained practicaJ experience using water resources modeling programs, including HEC·RAS, HEC-2, HEC- FFA, UNET, and TR·20. Mr. Eggers has been involved in hydrographic surveys for bridge hydrau]ics scour studies at over 200 bridge crossings in Oregon, Washington, and California. He has a]so conducted hydrographic surveys of urban watersheds for SWMM modeling, as wen as surveys forpipeJine crossings, seismic retrofit analyses, and embankment protection analyses. Mr. Eggers h as utilized various techniques and equipment asp art 0 f these hydrographic surveys. This h as included convention a] survey equipment, small rafts, motorboats, electronic depth sounders, and GJoba] Positioning Systems (GPS). Mr. Eggers is we]] experienced in Jeading ]arge survey crews. MAJOR PROJECT ACCOMPLISHMENTS: Penny Creek - 9'" A venue Culvert Replacement - City of Mi11 Creek, W A Flood Jnsmance Study, Snohomish River - COE, Sean]e Distrjct Kinkade Is]and Levee Remova1, Dungeness River - C1a1Jam County, W A Bridge Scom Studies -Washington State Department of Transportation (WSDOT) Stream Effects StlJdy for SEA-TAC AirpoJ1, Des Moines Creek - City of Des Moines, WA FEMA Lener of Map Revision (LOMR), East Fork Lewis River - Clark County, W A Railroad Bridge Erosion Protection, S. Fork Toutle River - Cowlitz County, W A Pipeline Scour Evaluations, Cross·Cascades Pipeline- Woodinvi1Je to Pasco, WA National Park Bridge Scour StlJdies; O1ympic and Rainier National Parks, W A - Federal Highway Adrrunistration (FHA) Bridge Scour StlJdies, Wenatchee Nationa] Forest, W A - USDA Forest Service Hydraulic Analysis for Bridge Crossings in Uplands Reserve Development - North Bend, W A Investigation of Landslides and Sedimentation for Litigation - Jorsted Creek, W A Anderson Creek Hydraulic and Sedimentation StlJdy for Culvert Replacement - Kitsap County, W A Cispus River (Tom Music Bridge) High Water Mark Survey and Analysis - Gifford Pinchot National Forest, W A John Day Dam Drawdown Analysis, Columbia River - Corps of Engineers (COE), POr1land District Bridge Scom StlJdies . Oregon Department of Transportation (ODOT) Mount St. Helens Hydrologic, Hydraulic and Sedimentation Analysis - COE, POJ1land District Farewel1 Bend Port of Entry Revetment Design, Snake River, ODOT Bridge Replacement StlJdies - ODOT Stonn Water Management Model (SWMM) Data Collection- City of Eugene, OR National Park Bridge Scour StlJdies; Y oserrute, Kings Canyon, Sequoia, Lassen and Golden Gate Parks - FHA Pajaro River Watershed Study - Raines, Melton & Carel1a Consulting Engineers, San Benito County, CA Morro Creek Flood Hazard Assessment - Huffman-Broadway Group, Inc. 03/03 -------- I I I I I I I I I I STANDARD PROVISIONS March J, 2003 Conditions set forth below are incorporated as part of this agreement. I. PROFESSIONAL STANDARDS OF CARE - Schaaf & Wheeler shaH perfonn its services under this Agreement in accordance with usual and customary professional care and with gener- aUy accepted practices in effect at the time the services are rendered. 2. INDEMNITY - Schaaf & Wheeler shaU indemnify and hold hannIess Client (including its offi- cers and employees) against aU claims, losses, damages, expenses (including reasonable attor- ney's fees), and HabiJity for injury or hann to persons or property to the extent caused by Schaaf & Wheeler's negligent acts, errors, or omissions for services performed under this Agreement. 3. FORCE MAJEURE - Neither party shaH be deemed in default of this Agreement to the extent that any delay or failure in the perfonnance of its obligations results ITom any cause beyond its reasonable control and without its negligence. 4. DISPUTE RESOLUTION - Client and Schaaf & Wheeler agree that they shaH first submit any and aH unsettled claims, counterclaims, disputes, and other matters in question between them arising out of or relating to this Agreement to 'mediation in accordance with the Construction lndustryMediation Rules of the American Arbitration Association, effective as of the date of this agreement. 5. TERMINATION OF CONTRACT - CHent may tenninate this Agreement with seven days prior written notice to Schaaf & Wheeler for convenience or cause. Schaaf & Wheeler may ter- minate this Agreement for cause with seven days prior written notice to CHent. FaDme of CHent to make payments when due shaU be cause for suspension of services, or, ultimately, tennina- tion, unless and until Schaaf & Wheeler has been paid in fuH all amounts due for services, ex- penses, and other re1ated charges. 6. INSURANCE - During the perfonnance of work covered by this Agreement, Schaaf & Wheeler shall maintain the foHowing insurance coverage: a) Workers' Compensation Statutory b) Employer's Liability $1,000,000 policy limit c) Commercial General Liability (includes Products & Completed Operations) $1,000,000 each occurrence; $2,000,000 aggregate d) Automobile Liability $1,000,000 combined single Jimit each accident e) Professional Liability $1,000,000 each claim; $2,000,000 aggregate e e e . . . '·",,·gf.\",."'':'"''·.Þf!ii1;i~'¥i¡'Ø.It,.~''' COMPANY OVERVIEW Since 1970, H. T. Harvey & Associates has provided both pub]ic agencies and private companies with expert ecological consulting services. Our business mission is to furnish our clients with sound scientific infonnation as the basis for making responsibJe decisions involving land use and resource management. We serve our clients from our California offices in San Jose, Fresno, Sacramento, and Watsonvjj]e. While the majority of our work occurs in California, we also have projects in progress worldwide, ranging from Alaska's Prince William Sound to Antarctica's Ross Sea. At H. T. Harvey & Associates we pride ourselves in employing highly trained ecologists. Our company has a reputation for its wide range of ecoJogicaJ expertise. Our staff includes experts in the fu1J range of biological disciplines necessary to address the needs of our clients. With over 400 peer-reviewed scientific pubJications, our staff expertise is widely recognized. Our senior scientists average at least 20 years of experience in their respective disciplines. Our graphic arts department complements the work of these scientists with their own expertise and our company's fu]J Geographic Information System (GIS) capabilities. The products we provide to our cJients jncJude: · Environmentallmpact Analyses · Endangered and Special-Status Speçjes Studies and Consultations · Wetland Delineations and Expert Consultations · Restoration Design · Landscape Architecture · Pennit AppJications and Processing · Ecological Research · Conservation and Park P!anning We have successfu1Jy completed weB over four thousand projects for a cJientele balanced between federaJ, state and Joca] agencies, as weJl as for private clients. Our research is. funded through grants from the National Science Foundation, NOAA, private research foundations, and other entities. .. c,;.''Y+.,c-',,···· Statement of Qualifications T. Harvey & Associates ffii:Z'!!ili.'1%>f'¡:~':W""',~._~~=.=~ -:,d(k",,'~"'''_ ~.Iif:~1 ;~... ,,'":~ ( ......_ .-';;f:.~. '" t::'.- e I I I I I I I I I I I I I Our restoration work includes close to 500 projects for local, state, and federal agencies and private clients. Our projects are often cited as examples -of how to restore wetlands (Westlake Farms Wel1and Demonstration Project) and how to proper1y monitor restoration sites (Route 85 Long-term Monitoring Plan). Our Jong-term restoration monitoring plan for one of the largest riparian habitat restoration projects in Santa Clara County (24 acres) has been used by the U.S. Fish and Wildlife Service as a template for other monitoring programs. Moreover, our restoration sites routinely exceed established success criteria, and are cited as cited as examples of successfuJ mitigation and restoration. . Our restoration ecologists include widely recognized experts in tidal and seasonal wetland and riparian restoration. They work closeJy with our other in-house biological experts and landscape architects in interdiscipJinary teams that are often augmented in the design phase by other professionals, including hydrologists, geomorphologists and engineers. We also provide our clients support throughout the design process, from conceptual design through the production of construction documents and specification, via our in-house landscape architecture staff. Once the designs are completed, we routinely assist during pre-implementation phase by coordinating nursery operations, during the impJementation phase by providing on-site monitors, and during the post- impJementation phase by providing long-term monitoring. Ecological Research e Our company was founded upon the award of a five-year research contract with the Sierra CJub, the results of which were used to assess the impacts of their wiJderness expeditions. Since that first contract, we have continued to provide both applied and basic research services to a variety of public, private and conservation entities. Today our staff, which includes many leaders in their respective fields, is encouraged to share their expertise through the presentation and publication of this research. Our scientists have published over 400 peer-reviewed research papers on a wide variety of subjects in the biological disciplines. The results of this cutting-edge research are applied to ecological problems, bringing the best available science to solve those problems. Our scientists have been deeply engaged in a variety of such environmental issues including: · Detennining possible effects of global warming on Antarctic species · Reducing the effects of selenium contamination in agricultural drainwater on wildlife · Refining tidal marsh restoration techniques · Assisting with the recovery of seabird coJonies after the Exxon-Valdez oil spiH · Developing rare plant transplantation and restoration techniques · Planning endangered animal species management and recovery e Statement o[Qulllijications H. T. Harvey & Associates . _ I ,- I I I , '. I DANIEL D. STEPHENS, B.S. Senior Restoration Ecologist - Vice President EDUCA TION B.S., Natural Resources, Hwnboldt State University. 1979. AREAS OF EXPERTISE Habitat restoration, revegetation, habitat impact analysis, agroforestry and erosion controL PROFESSIONAL EXPERIENCE H. T. Harvey & Associates, 1989- Present CARE International: Comoros JsJands, Indian Ocean- Country Director, 1988-1989 Cameroon, Central Africa ~ Asst: Country Director & Agroforestry Project Manager, ] 985·1988 Haiti, West Indies ø Agroforestry- Project Manager, 1982-1985 United States Peace Corps· Regional Forester, Upper VoJta, West Africa, 1979-1981 QVALIFICA nONS Mr, Stephens is a senior restoration speciaHst and oversees the majority of the company's habitat restoration projects. With extensive international experience in addition to his work in the western United States, Dan has acquired expertise in all phases of pub1ic and private sector natural resource project management, including regulatory agency permitting, habitat impact assessment and restoration design, CEQAlNEPA compliance/documentation, pennit compliance monitoring, supervision of habitat restoration construction, mitigation site long-term monitoring, and technical extensionleducation programs. Dan specializes in riparian, wetland and woodland restoration, including the restoration of habitat for special status species such as the salt marsh harvest mouse, California red-legged frog and Ca1ifornia tiger salamander. Dan is also a certified landscape contractor. Dan has managed over 500 muJtj~djscipJjnary projects with H. T. Harvey & Associates, including environmental impact reports, habitat impact assessments, over 60 mitigation and monitoring plans, construction plans and specifications, nursery contract specifications, regulatory pel11}it packages and construction monitoring/permit compliance. Dan is thoroughly familiar with the regulatory procedures of the U. S. Anny Corps of Engineers, the U. S. Fish and Wild1ife Service, the Regional Waier Quality Control Board and the California Department of Fish and Game, as they relate to habitat impact assessment and mitigation design. Among the more significant projects Dan has managed and supervised are; J) the desjgn, construction and monitoring of the Route 85 riparian mitigation sites at Coyote Creek (24.5 acres) and at Los Gatos Creek (8 acres) in Santa Clara County, 2) the development of a draft restoration and management plan for J ,400 acres of tidaJ saJt marsh on Bair Island, 3) the development of a restoration plan for over 800 'acres of marsh at Hamilton Anny Airfield (Marin County), 4) the restoration design and monitoring of 13 acres of brackish marsh on CQncord Naval Weapons Station (Contra Costa County) al a hazardous materials cleanup site, 4) habitat and species impact analysis and mitigation/monitoring design for J 0 major transportation projects with the Santa Clara Valley Transportation Agency including a 14 acre riparianJwetJand restoration sÜe, and 5) the preparation of an EIR and regulatory pennit preparation/processing for the Adobe Creek flood control project. Dan has a)so overseen a multitude of riparian mapping and setback studies, biotic constraints analyses," CEQA documents, and natural resource planning studies for the public sector. The planning studies included assisting in the development of the Santa Clara County Trails Master PJan and deveJoping habitat maps and habitat restorat;on guidelines for 7 miles of San Francisquito Creek. Dan's private sector experience has focused on assisting landowners with developing pennittabJe, economically feasible project "designs in sensitive environmentaJ settings. MARY A. BACCA, M.S. Plant Ecologist - Senior Ecologist 2 EDUCATION M.S., Natura} Resources Option, Humboldt Stale University, Arcala, California, 1995 B.S., Rangeland Resource Science, Humboldt State University, Arcata, Ca]ifornia, 1992 AREAS OF EXPERTISE HaJophyte ecology, Rangeland Science, Plant taxonomy, Vegetation mapping, Wetland delineation, Impact Analysis and Pemiîtting PROFESSIONAL EXPERIENCE I H.T. Harvey & Associates, 1995- present Graduate Assistant, Humboldt State University, 1992-1995 Range Technician, Bureau of Land Management, Eagle Lake Resource Area, 1991 Range Technician, Mendocino National Forest, Covelo District, 1990 I I I I I I I I I . QUALlFICA TJONS Mary has a considerable background in both the plant and soiJ sciences. Her technical expertise includes halophyte ecology, rangeland science and plant taxonomy. She has considerable experience with mapping and describing habitat types within the California floristic province. Her knowledge of the physical properties of soi]s, particularly hydric (wetland) soils is essential to conducting accurate wetJand de1ineations. Mary has also conducted numerous riparian assessments and protocoJ-level special· status plant surveys. She has substantial experience in conducting impact analyses for both CEQAlNEP A documents and regulatory pennits. Her pennitting experience invo1ves both public and private projects and she has prepared numerouS Nationwide and Individual USACE pennits. In addition, Mary has prepared applications for Section 401 Certification and CDFG Streambed Alteration Agreements. She has also assisted with Sectjon 7 ConsuJtations. Mary has been involved with over 200 projects including environmental impact reports, natural environment studies, constraints analyses, tree surveys, wetland delineations, impact assessments, endangered species consultations, and permitting. She was involved with the long-teon vegetation monitoring of the South San Francisco Bay marshes from 1995 to 1998. Using color infrared aerial photographs, she conducted the majority of the field mapping for this apprQ)dmate)y J,500-acre project site. Mary coordinated project Jogjstics and staff, assisted with data ana)ysis and compiJation and helped to prepare the final reports. She took the lead on coordinating and preparing separate natural environmental studies for six bridge sites in Monterey County. Mary conducted the botanical and regulated habitat sUJVeys for these sites, analyzed project impacts, and prepared the relevant sections of the reports, including an assessment of impacts and the development of mitigation measures. She has managed several wetland delineatiôns that covered hundreds of acres and presented both sampling design and logistical chalJenges such as the Springtown AJkaH Sink Preserve project in Livennore and the HaystackJBurns Reservoir project ìn Merced County. Mary has managed numerous Santa Clara VaHey Transportation Authority highway improvement projects that involved natural environmental studìes wetland delineations, Section 7 biological assessments, regulatory permit applications and processing and mitigation and monitoring plans. . . . e I Ie I I I I I I .. I I DAVID S. JOHNSTON, Ph.D. Bat Biologis1fMammalogist EDUCATION Ph.D., Biology, York University, Toronto, Canada 1997 M;A., Biological Sciences, San Jose State University, Ca]jfornia ]978 B.S., Biology, Ca¡ifomia Polytechnic State University, San Luis Obispo, California 1974 AREAS OF EXPERTISE Bat biologist specializing in foraging ecology and surveys. PellTlit1ed with: . CDFG Memorandum of Understanding to handle and survey bats . USFW pellTlitto trap and handle the SaH Marsh Harvest Mouse PROFESSIONAL EXPERIENCE Ecologist 3, H. T. Harvey and Associates, ]976-80, 1996- present. Executive Director, Coyote Creek Riparian Station, San Jose, CA. 1995-1996. Executive Director, Youth Science Jnstitute, Santa Clara County, California. 1979· I 995. Instructor, Department of Biological Sciences, San Jose State University, San Jose, CA. 1976-78,1989-90 Field Ornithologist, California Desert Plan Program, Bureau of Land Management. 1978. QUALIFICA nONS Dr. Johnston is a vertebrate ecologist who has specia1ized in the study of bats. David provides habitat evaluations as an integral part of the CEQA and NEP A documents produced by our company. He holds hand1ing pellTlits from the Ca1ifornia Fish and Game Department and the U.S. Fish and Wildlife Service for bats, saH marsh harvest mice, and red-Jegged frogs. AdditionaJJy, his investigations on bat ecology provide guidance into evaluating impacts of special status bats in California and the western United States. Dr. Johnston recently completed two bat surveys in central California enabHng publjc agencies to develop management plans for bats, and in particu}ar, specia} status species of bats. David a1so eva]uated impacts to wildlife species from the retrofitting of eight bridges in Monterey County. He has conducted numerous geneml wild1ife surveys, specific surveys for red-legged frogs and salt marsh hatvest mice, prepared a number of CEQA and NEP A documents, and written biological assessments for Sectìon-7 consu1tations. His expertise in bats and his general knowledge of vertebrates has provided an excellent background to produce the wildlife sections of these documents. Dr. Johnston recently completed a survey and workshop on the bats of the Carnzo Plains Natural Area, a multj-agency managed area invoJving the Bureau of Land Management, the Nature Conservancy) and the California Fish and Game Department. He also conducted a 12-month-Jong survey of the bats at Lemoore Naval Air Station and reported his results at the 28th Annual North American Symposium for Bat Research and at The Wildlife Society (San Joaquin Valley Chapter) conference. He is a fonner Executive Director of the Youth Science Institute, San Jose, California, a non~profit facility d~dicated to science educatìon. David also served as the Executive Director of the Coyote Creek RJparian Station. Dr. Johnston is actively engaged in research o~ "the foraging ecology of bats incJuding the diet and sensory mechamsms employed during foraging. He was recently nominated as an . adju~ct professor in the Biology Department at San Jose .State Um~ers],?,. David has written reports, taught classes and led tnps on Cahfom13 wildlife fot over 20 years. e - - H.···.iEXAGON ...... ......__, ...,n",... ..' . ..... TRANSPO;RTATION CONSULTANTS .. .. . I I I I I I I I I I e . . _ and is fully familiar with Caltrans standards and procedures. Signa] designs can be prepared with either AutoCAD or Microstation software packages. HexagoJJ TransportatioJJ COJJsuJtants, Inc., has extensive experience with on-caB COJJtracts. In the last five years, we have had OJJ-caJJ COJJtracts with the foJJowiJJg cities aJJd ageJJcies: City of Smmyva]e, City of Milpitas, City of SaJJ Mateo, City of San Jose, San Jose RedeveJopment Agency, San Benito County,.San Mateo County, and the Santa C]ara VaJJey TraJJsportation Authority. I I I I ,_ I I I I I I '- I I Evergreen Specific Plan - San Jose, California The City of San Jose developed a specific plan for the Evergreen Area of the city. The plan caJled for the construction of over 4,000 dwe]]ing units on about 600 acres. Hexagon Staff ana]yzed both on-site and off-site traffic impacts of the pJan and deveJoped the circuJation eJement of the EIR. The on-site anaJysis incJuded reviewing alternative site plans and advising the project architect as to street widths and intersection configurations. The off-site analysis induded Jeve! of . service calculations for 15 intersections and 6 rreeway interchanges. Several street system improvements were reconunended to produce efficient traffic flows in the area. I I I I I I I I I e e e e I ,e I I I I I I I. I I of intersections and lengthening of turn pockets. The analysis also included a detailed evaluation of the effectiveness of proposed interchange improvements. This effort employed the traffic simulation software called TRAF-NETSIM to simulate traffic dynamics in the field such as the effects of weaving, vehicle queuing, and vehlcie spillback at intersections. Bay Meadows - Mr. Black was project manager for a land use/transportation study of redevelopment of the Bay Meadows race track in San Mateo. Sponsored by the City of San Mateo, this study looked at a range of development types oriented toward a relocated Hiilsdale Caltrain Station. Transportation changes included new roads and railroad grade separations. . Campus studies: Foothill College - Hexagon Staff was hired by the college to assess their circulation road and make recommendations for improvements. The campus is served by one ring road that is accessed through a single intersection. Hexagon Staff recommended that the ring road be made one-way. Other recommendations were also made for belter signage and lighting around the ring road. City College - Hexagon Staff was hired by San Jose City College to measure their current parking demand and to determine the extent of new parking that might be needed. Hexagon Staff conducted parking occupancy surveys at the start of a semester when demand is highest and in the middle of a semester when demand has stabilized. Student parking in neighborhoods was estimated by comparing overnight occupancy to occupancy at typical student peak times. IBM Campus - Hexagon Staff was hired to address various problems occurring on the internal roads. Many recommendations came out of study including modifying speed iimits, narrowing streets, channelizing pedestrian crossings, adding signals, and modifying intersection geometry to improve sight distance. · Sire Traffic Analyses: For offices, hotels, restaurants, residential subdivisions, apartments, warehouses, industrial complexes, and mixed-use deveiopments in San Jose, Santa Clara, Los Gatos, Palo Alto, Menlo Park, Santa Rosa, Napa, Hayward, Sunnyvale, Bakersfield, Richmond, Concord, and Cupertino, California. These included estimation of future trip generation, impacts on adjacent Intersections, and site-specific pedestrian and auto circulation issues such as driveway and crosswalk location. · Corridor Studies: Route 238 Bypass - Mr. Black was retained by the Alameda Transportation Authority to evaluate several transportation alte'rnatives to the proposed Rte 238 Bypass in Hayward. The Planning Area 2 Travel Forecasting model was used to project future traffic in the Central County area. The basis of the evaluation was to analyze the effects of each scenario in terms of (a) changes in traffic volumes on major roads and freeway segments, (b) congested versus uncongested vehicle miles traveied (VMT), and (c) the impacts on major street intersection operations. · Parking Studies: San Carlos - Hexagon was hired through an RFP process to conduct a downtown parking study for the City of San Carlos. City staff believed that the available parking spaces were utilized to such an extent that any future development could not be accommodated. It was determined that future development could be accommodated oniy by planning a parking structure. A suitable site was identified, and a three-level parking structure was designed (one level underground and two levels above). To help the financial feasibility of the parking structure, it was designed to have two levels of housing above. San Mateo - Hexagon was hired by the City of San Mateo to complete a parking study for the downtown area. Due to recent and projected growth, many downtown merchants believed that more parking facilities were needed. Surveys revealed that the existing parking situation is adequate, although during peak times customers sometimes must settle for less desirable spaces because the prime spaces are taken by employees. The study was able to show that a relatively modest increase in Hexagon Transportation Consultants, Inc. Gary K. Black ,.......... .... ~ WmGON T~AN\ÞOWTION (ONSUlTANTS.INC e Jeffrey A. Elia Associate Education Bachelor of Science in Civil Engineering, Cum Laude, San Jose State University, San Jose, California Master of Science in Civil Engineering, San Jose State University (in progress) Honors and Professional Associations i I I I I I I I I Registered Engineer-in-Training in the State of California Member of the Institute of Transportation Engineers Member of the American Society of Civil Engineers Member of Chi Epsilon, National Civil Engineering Honor Society Experience e Since September 1998, Mr. Elia has prepared work scopes for various transportation studies and has managed and assisted with a variety of site traffic analyses, traffic engineering projects, and transportation planning projects. Mr. Elia has also worked for the City of San Mateo Public Works Department as a contract employee in the capacity of their staff Traffic Engineer, which involves a variety of traffic engineering issues, such as traffic control warrant analyses, Investigating reports of unsafe intersections, reviewing traffic engineering reports, implementing traffic calming measures, and overseeing grant projects. Representative Projects . Traffic Impact Analyses for a wide range of land uses in various jurisdictions in and around the San Francisco Bay Area and northern California. The traffic impact analyses listed below include some or all of the following tasks: estimation of traffic distribution patterns near the project site, project trip generation and assignment, trip generation surveys, intersection level-of-service calculations, intersection impacts and recommended mitigation measures, mitigation diagrams, mitigation cost estimates, traffic reassignment (due to roadway changes), freeway segment level-of-service analysis, freeway-ramp junction level of service analysis, site access and circulation review, parking surveys, signal warranl analysis, Intersection operational analysis, heavy vehicle factor calculations, saturation flow rate adjustments, and two-lane highway level of service analysis. Representative jurisdictions and projects include: SAN JOSE - Various office, manufacturing, and R&D developments in the Edenvale area of San Jose; Spieker Skyport (retail/residential/office/hotel); Extended Stay America (hotel); Murillo Church & School; Communications Hill (residential); Paseo Studios (low-cost housing); Courtesy Chevrolet (auto dealership); Taylor Towers (high-density housing), Norcal Administration Facility (office and e truck facility); California Waste Solutions-Timothy Drive (commercial recycling facility); Lowe's (home improvement warehouse). SANTA CLARA - Exodus (internet co-location facility). LOS GATOS AND SARATOGA - Los Gatos High School Expansion; Saratoga High School Expansion . . . I I. I I material recycling and transfer dump facilities. The analyses focused on determining the probability of the truck queues extending out of the respective project sites and onto the adjacent public streets. The projects involved determining cycle times for trucks in the faciiities and included field observations at simiiar facilities to measure the various components of the material off-load cycle. Both single- and multi- channel queuing theory were applied in these projects. Intersection Safety Studies - Highway 156/Fairveiw Road and Sunnyslope Road/Fairview Road, San Benito County, California. These studies involved collection and analysis of traffic volume and accident data. Field observations were conducted during the critical time periods to observe traffic operations and driver behavior. The available sight distances were evaluated and compared to recommended safe sight distances. The studies resulted in the design and future installation of a temporary emergency traffic signal at one location and a recommendation to modify the traffic signal phasing at the other location. Travel Time Studies - The purpose of this project was to determine the travel time savings that would result from the proposed Highway 1 widening project in Carmel, California. The subject segment of Highway 1 was modeled with the microscopic traffic simulation program CORSIM and the travel times with and without the proposed climbing lane were compared. Parking Studies - Japantown, San Jose, California. This study included an assessment of existing parking supply and demand, estimation of future parking demand, evaluation of land use data for the study area, conceptual designs for alternative on·street parking layouts, and an assessment of long-term versus short-term parking needs. Signal Removal Projects - Valley Fair Mall, San Jose, California. This project involved reassignment of traffic to reflect adjacent roadway changes, signal warrant analysis, evaluation of pedestrian activity at the intersection, and anaiysis of historical accident data. Publications . "Using Video Data to Measure Vehicle Operating Modes for Prediction of Emissions", Transportation Research Record 1664, September 1999. (co-author) Previous Experience . San Jose State University, Department of Clvít Engineering - Research Assistant Hexagon Transportation Consultants, Inc. Jeffrey A. Ella e Insured: l1exagon Tnnsponalion Policy No. PAS39901708 THIS E!\'DORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. .ADDlT1ONAL INSURED DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the foJ]owing: BUSINESS AUTO COVEAAGE FO~ ~ GARAGE COVERAGE FORM O¡y ~ TRUCKERS COVERAGE~~ ~ \...~,\)~~;- sc~ Name and Address of Person or Organization: I I I I I I I I I RReefManagemen1 Company, a Delaware corporation and SFERS Real Estate Corp. ee A Delaware e Re: Engineering Services provided by Named Insured. A.' The person or organization shown in the Schedule is included as an insured bU1 only ifliable for the conduct of an "insured" and only to tbe eX1ent of1hat liability. B. CANCELLATION . ¡fwe cancel the policy, we wi!] mail or deliver notice to such person or organization in accordance with the Common PoJjcy Conditions. 2. Jf you canceJ the policy, we will mail or de1iver notice to such person or organization. 3. Cancellation ends tills agreeme:at. C. This insurance shàll be deemed Primary, but only with respects to the designated project. e I _ I I I I I .- I I I I I I ~ I I ILLINGWORTH &, RODKIN ACO;USTICS ------- e · Noise from industrial plants · Meteorological conditions · Aerometrics and Air toxics Expert Testimony · Lawsuits · Presentations to government bodies I I I I I' I I I I I I e . e ¡ ,e I I I: I I I I. I I EDUCATION 1978 1973 University of California at Berkeley M.S. Mechanical Engineering, Major: Acoustjcs University of California at Davis B.S. MechanicaJ Engineering, Major: Power/Propulsion PROFESSIONAL REGISTRA TION AND SOCIETIES CaJifornia: Mechanical Engineer No. 23900 (1985) Jnstitute of Noise ControJ Engineers Acoustical Society of America ASHRAE IWNGWORTH& RODKIN,INC. 11111 Acoustics' Air Quality III/I 505 Petaluma Boulevard South Petaluma, California 94952 Tel: 707-766-7700 Illingworthrodkin. com Fax: 707-766-7790 illro@illingworthrodkin.com INSURANCE COVERAGE GENERAL LIABILITY in the amount of $2,000,000 combined single limit. WORKERS' COMPENSATION covering our own empJoyees in the amount of $3,000,000 per occurrence. AUTO (OWNED) covering persona] injury or death and property damage in the amount of$I,OOO,OOO per claim. I I I I I' I I I I I AUTO (NON OWNED) covering persona] injury or death and property damage in the amount of $2,000,000 per claim. PROFESSIONAL LIABILITY in the amount of$I,OOO,OOO per clairn. Limitation ofLiabiljty. To the maximum extent permitted by Jaw, IJIingworth & Rodkin, Inc. requests that the Client agrees to lirnit IJIingworth & Rodkin, Inc.'s liability for Client damages to the sum of $50,000 or our fee, whichever is greater. This limitation shall apply regardless of the cause or legal theory asserted. Certificates of insurance wi]] be issued upon request. . e e e e I I I I I I Ie I I boLrnamA5S0CIATES AQcbaeologícaL Consultants ·SINCE THE BEGINNING" 361S FOLSOM ST. SAN FRANCISCO, CALIFORNIA 94110 41S/S$0-7.296 STATEMENT OF QUALIFICATIONS Miley Holman has worked as a professional archaeologist in California since 1965, perfoI111ing hundreds of archaeological field reconnaissances throughout Southern, Central and Northern California. Since 1977 he has operated Holman & Associates, a full service cultural resources consultirig finn which has comp]eted numerous historica] and prehistoric archaeological field studies, historical archival studies, evaluative testing of cultural resources, and mitigation projects for cultural resources under both CEQA and NEP A guide]ines. Mr. Holman possesses a Bachelors Degree in Anthropology (San Francisco SUite University 1971) and a Masters Degree in AnthropoJogy with an emphasis in AIchaeoJogy (SFSU 1985). Mr. Holman is also listed on the Referral List for Historic Resources Consultants by the Office of Historic Preservation. LIST OF CLIENTS Alameda County Planning Department Antioch PJanning Department ARCTEC Inc, Phoenix Belmont P1anning Department Baseline, Inc. EmeryvjJe BreJje & Race Engineers, Santa Rosa. Brady/LSA, Berkeley & PI. Richmond Centex Homes, Concord CentraJ Contra Costa Sanitary District Contra Costa Planning Department Catholic Charities, San Francisco John Carollo Engineers, Walnut Creek Ch2M Hill, EmeryvjJe and San Jose City of Clayton Citation Bui1ders Northern. Martinez Darwin Myers Associates, Martinez DilJingham Associates, Berkeley Denise Duffy Associates, Monterey EIP Associates, San Francisco, Sacramento EDA W, San Francisco ESA Associates, San Francisco East Bay Regional Park District, Oakland East Bay Municipal Utility Dist. Oakland City of Fairfield Geier & Geier Associates. Berkeley Grassetti Associates, Berkeley Jerry Haag Associates, Berkeley Harding Lawson Engineers, Novato Henn & Etzel Attorneys, San Francisco Robert Hart Lamb Associates, San Francisco Huffman & Associates, Larkspur HMH Inc. San .lose IPA Associates, Fairfax KCA Engineers, San Francisco Kaiser Pennanente Hospitals,San Francisco Georgia Kelly, Petaluma . Lamphier Associates, Oakland City of Larkspur Monahan Pacific Builders. San Rafacl Mission Valley Rock Company, Sunol Marin County flood Control District Montgomery Watson Engineers, Walnut Creek Michael Majors Engincers, San Ramon Mindigo Associates, San Jose Darwin Myers Associatcs, Martinez . MacKay & Somps Engineers, San Jose, Pleasantoñ Nativc American Hcri¡agc Commission Napa County Planning Department RÉSUMÉ e MILEY PAUL HOLMAN 3615 Folsom Street San Francisco, CA 94110 (415) 550-7286 Education: 1972: B.A., Anthropology, San Francisco State University 1985: M.A., Anthropology with specialty in Archaeology, San Francisco State University Archaeological Experience: Survev: ¡ I I I I I I I Marin Sonoma Mendocino Humboldt Solano Sacramento Colusa Tehama Shasta Butte Sutter Yolo Napa Los Angeles Mariposa County Fresno County Madera County Tuolumne County Tulare County San Luis Obispo County Alameda County Contra Costa County Santa Clara County Kings County Santa Barbara County Ventura County Kern County Modoc County e Between 1965 and 1972 I worked as a field archaeologist, crew chief, project director and principal investigator at the Archaeological Research Center at San Francisco State University. Between 1971 and my retirement in 1998 I served as Assistant Curator and an adjunct professor of Anthropology at the Departmentof Anthropology, San Francisco State University. In 1974 I established Holman & Chavez Archaeological Consultants, which provided CEQA mandated archaeological services throughout the San Francisco Bay Area. In 1977 I established Holman & Associates, which has continued to provide prehistoric arid historic archaeological research services throughout Northern California. e MILEY PAUL HOLMAN Page 3 _ 1993: Report of Data Recovery at CA-SOL-315, Green Valley, Solano County, CA 1992: Data Recovery efforts at sites.CA-SOL-69 and 315, Green Valley, Solano County, CA. _ I I I I I I I_ I I 1991: Reassessment of Cultural Resources at Brooks Island, Contra Costa County, CA 1990: Update of the Cloverdale General Plan Cultural Resources Inventory, Mendocino County, CA 1990: Prehistoric Cultural Resources assessment, Sliver Creek Country Club Estates,San Jose, CA 1990: Report of completion of archaeolo9ical research inside the Proposed Evergreen Specific Plan Study Area, San Jose, CA. 1989: Descriptive Report of Skeletal Remains recovered during excavations at CA-SCL- 343, San Jose Municipal Golf Course, CA 1985-87: On-going field reconnaissance, aUgering and National Register Eligibility testing at archaeological sites along Novato and Warner Creeks, Novato, California; Principal Investigator 1985: Testing and salvage mitigation at ScI-63, San Jose, California; Principal Investigator 1985: Testing and mitigation of impacts to rock quarries inside the Kirby Canyon Landfill area, Morgan Hill, California; Principal Investigator 1984-86: Testing and Mitigation at Sma-150, Belmont, California; Principal Investigator 1984: Historic Excavation, Baker Residence, Alameda County; Principal Investigator 1978-82: Ala-413; Principal Investigator, ProjectDirector 1981: CCo-222; Principal Investigator 1977: SMa-72; Principal Investigator, Project Director 1970: Excavations at Don Pedro Reservoir, Tuolumne County, for the Federal Power Commission; Field Excavator and Laboratory Technician 1969: Excavations at Refugio Beach, Santa Barbara, California for the State Department of Parks and Recreation; Crew Chief, Field Excavator and Laboratory Technician 1968: Continued excavations at Buchanan Reservoirfor the National Parks Service; Field Excavator and Laboratory Technician 1968: Excavations at Ala-342 for the State Department of Parks and Recreation; Crew Page 2 of2 _hank you for your consideration with this matter. Lillian Crane Saratoga Resident e . .....,""....,''''f'lf"lA Page 2 of2 her, since 2 minutes worth of time on the internet reveals that she is an advocate for low-income, high density housing. His answer was that his subordinates thought she was technicaily qualified. That is not a satisfactory . answer. We need an independent, objective consultant here, and I wiil make sure we get one. Stan Bogosian Councilmember . . , . . . ..... SARATOGA CITY COUNCIL MEETING DATE: March 3. 2004 AGENDA ITEM: ORIGINATING DEPT.: City Manager's Office CITY MANAGER: PREPARED BY: Danielle Surdin, Econ. Dev. Coord. DEPT. HE SUBJECT: Request for Proposal for Saratoga Redevelopment Feasibility Study RECOMMENDED ACTION: Accept report and give staff direction on Saratoga's Redevelopment Feasibility Study Request for Proposal. REPORT SUMMARY: Many of Saratoga's commercial districts continue to struggle to retain and attract retail businesses. Aging inrrastructure, few public monies available for façadel beautification programs, and lack of business attraction incentives have made the City's economic development efforts a challenge. The City of Saratoga has been working in partnership with local landlords, current business owners, and prospective business owners to improve the overall business climate and to keep a good mixture of goods and services within each commercial district. However, without financial incentives the City can only impart our vision for our commercial districts, but provide few enticements to the private sector to spur development. At the Council Retreat on January 26 2004, staff was directed to explore the option of creating a Redevelopment Agency. The first step was to conduct a feasibility study. Staffhas identified three commercial districts and the immediate surrounding residential areas for evaluation. In addition, community outreach activites will be included. FISCAL IMPACTS: Funding for study costs and for possible future activities related to establishing a Redevelopment Agency have been appropriated in the CIP. ADVERTISING, NOTICING, AND PUBLIC CONTACT: NIA 1 ,.. , ; CONSEQUENCES OF NOT ACTING ON RECOMMENDED MOTION: NIA . ALTERNATIVE ACTION(S): NIA FOLLOW UP ACTlON(S): Staff would finalize Redevelopment Feasibility Study Request for Proposal and issue by the beginning of March 2004. ATTACHMENTS: I. Draft Redevelopment Feasibility Study Request for Proposal . . 2 e . . CITY OF SARA TOGA REQUEST FOR PROPOSAL REDEVELOPMENT CONSULT ANT TO PREPARE A REDEVELOPMENT FEASIBILITY STUDY MARCH 2004 Introduction The City of Saratoga City Manager's Office seeks a qualified Redevelopment Consultant to prepare and conduct a RDA feasibility study for the City of Saratoga. There are three potential redevelopment areas identified. A full list of the areas and associated maps may be found on our website, www.saratoga.ca.us/business/redeveloPlnent. In addition, the City requests a community outreach plan to educate residents about redevelopment and gather input. The work must include the overarching requirements of: urbanization, lack of proper utilization, burden on the community and need for redevelopment. Background Saratoga is a limited service community, with commercial zoning consisting of only 1 % of the total land use. Saratoga centers are small and are unique in in.&astmcture, locations, and type of businesses. Saratoga does not have any large car dealerships or "big box" retailers such as Costco or Home Depot to provide high sales tax figures, nor do residents support this kind of development in the City of Saratoga. Saratoga businesses consist of very few chains such as Safeway, Longs Drug Store, Starbucks, Jamba Juice, and Gene's Fine Food (regional chain). The majority of our business community is comprised of small independent locally owned businesses with high emphasis in gourmet dining, real estate and title business services, personal services, a few retail options, and two small hotels/inns. The City of Saratoga has tried to work in partnership with local landlords, current business owners, and prospective business owners to improve the overall business climate and to keep a good mixture of goods and services within each shopping district. Aging infrastructure, few monies available for façade/beautification programs, and lack of business attraction incentives has made economic development of our shopping centers a challenge. The City of Saratoga has traditionally always had highly desirable demographics with the mean household income of over $201,000 per year (2000 US Census Bureau). Residents typically leave our community to fill a variety of their goods and services needs in the neighboring communities of Los Gatos and San Jose. Scope of Work e A. Provide RDA Feasibility Study for the City of Saratoga on the possible formation of a Redevelopment Agency B. Conduct the Feasibility Study to include these outlined project areas: .:. Saratoga Commercial Vi1Iagel Residential Area (map provided) .:. Gateway Commercial District! Residential Area (map provided) .:. Quito Commercial District I Residential Area (map provided) C. Conduct field surveys of all proposed project areas for the overarching requirements of redevelopment including: .:. Survey for conditions of physical, economic, and public improvement conditions and deficiencies; and .:. Develop tables and written analysis of data by project areas; .:. Summarize blight conditions and relationship to the proj ect area qualifying as blighted areas; and e .:. Submit three written and an electronic version of data, tables, and analysis for inclusion in the Preliminary Report. D. Conduct Community Education and Outreach Effort Selection Criteria A qualifying proposal must address all of the points in the Scope of Work in the order shown below: 1. Consultant qualifications and recent relevant experience: .:. Qualification of the firm and its managers .:. Briefresume(s) of project manager and staff who will be responsible for this project .:. Demonstrated experience with projects of this scale and similar complexity and a community similar to Saratoga .:. History of effective proj ect management in the Redevelopment Public Outreach Process e .:. An understanding of the community dynamic in forming a Redevelopment Agency in the future '~ tit Selection Criteria - Continued 2. Demonstrated understanding of proj ect requirements, including potential challenges and opportunities associated with the project .:. Content and thoroughness of the proposal which demonstrates the consultant's understanding of the task and familiarity with the types of issues applicable to the project .:. Understanding the scope of work 3. Project approach, work program and quality assurance program .:. Technical approach including how the consultant will conduct the work required, necessary site visits, community outreach meeting with property owners and business owners .:. .:. tit .:. .:. Detailed discussion of the tasks or steps to accomplish the project Overall quality and responsivenesslcompleteness of proposal Proposed cost for conducting the scope of work as defined above. Please include a schedule of charge rates for each consultant working on the project. Proposed project schedule, including major tasks and project completion date .:. Descriptions of resources including personnel, to conduct each phase of the project .:. Current workload of firm .:. Consultant shall provide written guarantees or assurances that the proposed team will be assigned to the project. 4. Ability to complete project in a timely manner .:. Project timing will be particularly important due to the amount of public outreach that will need to be done in order for the City of Saratoga to form a Redevelopment Agency. . .:. The City wants to notify affected groups and schedule outreach meetings with these groups in a timely manner. I ! e Selection Process An evaluation committee will be comprised of City staff and members of the Saratoga City CounciL A short list of selected candidates will be invited to interview with the evaluation committee. The final selection wi1l be made based on the proposal, interview and references. Cost and Method of Payment Cost will be negotiated with the selected candidate. Cost of any additional services not specified in the RFP should be included separately. The City of Saratoga will make payments upon completed milestones to be negotiated with the successful candidate. Timeline for Proposal Process March 4 March 29 April 1-14 April 19-23 April 26-30 May 24 Request for Proposal Issued Proposal due Review of Proposals Selection committee interviews selected firms Firm selected and notified City of Saratoga issues contract and work is initiated per Council approval . Proposal Instructions and Format Consulting Firms interested in providing these services to the City of Saratoga should prepare a proposal that includes: A. Cover Letter. Firm name, address, phone number and contact person regarding the proposal should be clear. In addition, please provide a brief firm history including current permanent staff size and how that staff size has changed in the past five years. B. Firm Qualifications. Areas of expertise of current permanent staff generally, the scope of services that can be provided by the firm without the services of an outside consultant under the consultant's direction. List all relevant experience, including description of each project, role of each professional for that project, scope ofresponsibility, and the date completed. C. Key Personnel. Proposed project management structure, including project e manager and individuals who wi1l be assigned to the project and subcontractors (if any). There can be no change of key personnel once the proposal is submitted without prior approval ofthe City. e Proposal Instructions and Format - Continued D. Subcontractors. Identification of any work that will be subcontracted. Include firm qualifications and key personnel for any subcontractors. E. Project Workplan. A description ofproject understanding, detailed project approach, and methodology. List specific tasks and any specific considerations or options. Identify particular challenges or opportunities associated with this project. F. Project Schedule. A timeline for completion of the project including start date, milestones and target completion date; assume project will begin in early May 2004. G. References. At least 5 recent (within the last 3 years) references for whom the consultant firm has performed relevant work. References should include name, title, organization or agency name, phone number, address and brief description of the proj ect. H. Work Samples. Submit two feasibility studies that you feel are similar to our project, preferably for projects completed in the last three years. e 1. Late Proposals. All proposals shall be received on or before March 29, 2004 before 5:00 p.m. Late proposals will not be accepted. J. Proposal Return. All proposals, whether selected or rej ected, shall become property of the City of Saratoga. J. Preparation Cost. All costs associated with the production of this proposal shall be borne by the Proposer. K. Proposal Delivery. The City will not be responsible for proposals delivered to a person/location other than specified herein. .:. Three (3) copies ofthe proposal shall be received no later than 5:00 p.m., on the day of March 29,2004. Send proposals to: Danielle Surdin, Economic Development Coordinator City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 (408) 868-1294, Fax: (408) 867-8559 Email: dsurdin(a)saratoga.ca.us e Conflict of Interest Consultant warrants and covenants that no official or employee of the City, nor any business entity in which the official of the City has interest, has been employed or retained to solicit or assist in the procuring of the resulting contract, nor that any such person wj}] be employed in the performance of such contract without immediate divulgence of such fact to the City of Saratoga. Insurance Requirements The successful Proposer shall furnish the City with certificates and original endorsements affecting the required coverage prior to execution of a Contract by the City. The endorsements shall be on forms as approved by the City's Risk Manager or City Council. Indemnification Contractor agrees to indemnify, defend and save harmless City, its City Council, its offices, employees, and volunteers from any claims or losses, whatsoever, accruing or resulting from any and all contractors, subcontractors, material men, laborers and any other person, firm or corporation furnishing or supplying work, services, materials, or supplies in connection with the performance of this agreement, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged resulting in wrongful acts, errors and omissions, or negligence of Contractor, its agents, and employees, pertaining to the performance of this agreement. Assignments Any contract resulting from this bid and any amendments or supplements thereto shall not be assignable by the successful bidder either voluntarily or by operation of law, without the written approval of the City, and shall not become an asset in any bankruptcy, receivership or guardianship proceedings. Inquires Direct all inquires regarding this RFP to: Danielle Surdin, Economic Development Coordinator City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 (408) 868-1294, Fax: (408) 867-8559 Email: dsurdin@saratoga.ca.us e e e . . . , SARATOGA CITY COUNCIL MEETING DATE: o c--/~ March 3, 2004 AGENDA ITEM: ORIGINATING DEPT: Recreation CITY MANAGER: DEPTHEAD: r-~ . -, PREPARED BY: Joan Pisani SUBJECT: City's 50th Anniversary RECOMMENDED ACTION(S): Accept report and direct staff accordingly. REPORT SUMMARY: The City of Saratoga was incorporated in 1956 and will be celebrating its' 50th anniversary in 2006. In 1981, for the 25th anniversary, special events were held all year long. A 25th Anniversary Committee was formed well in advance to schedule and plan activities all thru the year. The Reverend Roy Strasburger from St Andrews Church was asked by the City Council to Chair the committee, and community leaders and service groups were recruited to participate. In anticipation of the 50th year of incorporation, the City Council might want to start thinking of ways to commemorate the occasion. At some point this year a committee could be appointed by the City Council to begin planning. Ideally, once the committee develops special programs or event to be held during 2006, community groups or clubs could be recruited to take responsibility for running them. The City of Milpitas is currently celebrating their 50th anniversary and their committee members are citizen volunteers enlisted from each of the City's existing Commissions. The committee spent many hours developing a celebration plan that was approved by the City Council in August 2003. They also will be involved all year long helping with the activities. Listed below are several program ideas: · 50th Anniversary Commemoration Ceremony: maybe this could be during a Civic Center open house and include all former mayors and citizens of the year · Community Parade: the City use to have a parade every year · Historical Foundation events: special displays at the museum, walking tours of downtown Saratoga; presentations and slides on how Saratoga looked 50 years ago and the changes · Blossom Festival, Art in the Park: events that bring the community together . · City 50th Anniversary logo contest: Milpitas had 30 entries in their contest · A July 4th community event · A program that encourages long-time citizens to share stories about Saratoga and, somehow, preserve the information for future generations · School programs: encourage all local schools to be involved in commemorative activities I am sure there are many other great ideas of events that could be held during the 50th armiversary year. If the City Council would like commemorative activities during 2006, there is plenty of time for program development. FISCAL IMPACTS: No fiscal impact at this time. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): Not applicable. ALTERNATIVE ACTION: Not applicable. . FOLLOW UP ACTION: Staffwill follow up on direction given by the City Council. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. . 20f3 . . . SARATOGA CITY COUNCIL MEETING DATE: March 3,2004 \~ 6?~/ AGENDA ITEM: ORIGINATING DEPT: City Manager's Office CITY MANAGER: PREPARED BY: Lode Tinfow. Assistant City Manager DEPT HE~AYè.F , SUBJECT: Formation of Library Capital Improvement Fund Committee RECOMMENDED ACTION: Accept report and direct staff accordingly. REPORT SUMMARY: Last spring, Council designated two council members to meet with selected community members and library bond counsel to discuss use of the remaining library bond funds and the interest income. The following met to discuss appropriate and inappropriate uses for the funds: · Nick Streit, City Council · Stan Bogosian, City Council · Lorie Tinfow, Assistant City Manager · Marcia Manzo, Library Expansion Committee and Library Commission · Bill McDonnal, Friends of the Saratoga Libraries · Katie Alexander, Citizen's Oversight Committee · Dick Allen, Finance Commission · Brian Quint, Quint & Thimmig (original bond counsel) Discussion included whether to put the remaining funds toward paying debt service (as a way to return the leftover funds to Saratoga residents) or use the funds for additional future capital improvements. The consensus ofthe group was that rather than use the remaining funds to pay debt service and thereby pass on a credit of about $111 per househo]d, the funds shou]d be programmed for high cost future improvements such as rep]acing the roof. Bond counse] said that the funds cou]d be used for any improvement to the Jibrary bui]ding or site with a life of more than a year. Funds cannot be used for annua] maintenance, administrative or staffing costs, or for furniture, fixtures and equipment. Future action was postponed unti] January/Feburary 2004, when final construction costs wou]d be known. Councilmembers Bogosian and Streit met with staff in February 2004 to determine the next step. Approximately $700,000 remains in total library funds. They directed staffto prepare a spreadsheet that programs costs for improvements such as a new roof, replacement ofHV AC equipment and restaining the exterior of the building at the appropriate time. Funds to cover these expenses would then be set aside with the remainder available for other improvements. In addition, the Council subcommittee is recommending ,and staff is requesting on their behalf, the . formation ofa 9-member Library Capital Improvement Fund Committee comprised of the following: · Two Councilmembers (Streit and Bogosian for now) · Representatives from the following groups: o Library Commission o Finance Commission o Planning Commission o Citizen's Oversight Committee o Friends of the Saratoga Libraries o Heritage Preservation Commission · plus one "at-large" representative selected from the community The LCIF Committee would be responsible for making recommendations to City Council related to use of the remaining funds. They would become a regular standing committee, subject to the Brown Act, and would meet as needed. The Citizen's Oversight Committee will continue to exist for the life of the bond funds and be responsible for ensuring that funds are spent appropriately. FISCAL IMPACTS: NIA . CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: Staff would bring funding requests directly to City Council. ALTERNATIVE ACTION: Council could choose a different composition for the Committee or decide a LCIF Committee is not needed. FOLLOW UP ACTION: Ifthe Committee is approved, staff will notify each group and request a representative be designated. In addition, the Commissioner process would be used to identify candidates for the member-at-large position. ADVERTISING, NOTICING AND PUBLIC CONTACT: Copies of this report were sent to the original group who met last spring and summer. ATTACHMENTS: . None . . . SARATOGA CITY COUNCIL MEETING DATE: March 3, 2004 \ L\ ¿/J~ . AGENDA ITEM: ORIGINATING DEPT: City Manager's Office CITY MANAGER: PREPARED BY: Lorie Tinfow, Assistant City Manager DEPT HE~ .:J¡'V\ ~ SUBJECT: Request for Authorization to Spend Additional Library Bond Funds RECOMMENDED ACTION: Authorize staff to use up to $10,000 from library bond funds to complete remaining projects for the new Saratoga Library. REPORT SUMMARY: As the construction punch list nears completion, there remain a number of tasks that have been completed by contractor Thompson Pacific as specified in the contract but either need additional work or fall short of what the library really needs. For example, the back patio gate has alarm hardware that sounds only outside-to be effective, the alarm should be connected to the existing alarm system or set up separately to sound in the library. In addition, Dolly Barnes has requested that the fencing around this same patio be extended in height to improve security. Both items were completed as designed. There are other tasks that have been requested as well. For example, an artwork hanging system for the Art Wall has been requested. The remaining bond funds can pay for these types of items. Staff has collected price quotes for two of the items. The gate alarm wjIJ cost about $2000 to connect to the interior alarm system and the art hanging system wjIJ cost about $2200 plus the cost of installation (the company does not install; we may be able to have City staff install the system). In addition, there are a number of safety related issues that staff would like to complete. Most are minor such as additional signs for emergency exits and fire extinguishers, controls for shade draw strings (choking hazard for children), rounding corners of the circulation desk, etc. Extending the public address system to be heard in the restrooms may be more involved. Staffjs requesting authorization to spend up to $10,000 to complete these projects (all safety or security except the art hanging system). FISCAL IMPACTS: Total construction costs are expected to finish no higher than $14,750,000 as anticipated. Remaining bond funds wjIJ be approximately $250,000 plus at least$460,000 in earned interest. The requested funds will come from the Library bond funds and reduce the balance by $10,000. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: . Safety concerns would not be addressed and the art hanging system will not be purchased and installed. ALTERNATIVE ACTION: Postpone action until the Library Capital Improvement Fund Committee has been assembled. FOLLOW UP ACTION: If authority is approved, staff will begin to complete the items as soon as possible. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: None . .