Loading...
HomeMy WebLinkAbout02-01-1984 CITY COUNCIL AGENDAj r CITY OF SARATOGA Initial: AGENDA BILL NO. �j_ Dept. Hd. DATE: January 23, 1984 (February 1, 1984) DEPARTMENT: Community Development SLJ3=: HERRIMAN AVENUE PEDESTRIAN PATHWAY - TDA ARTICLE 3 Issue Summary C. Atty C. Mgr. The Community Development Department has applied for Federal Funds under the Transportation Development Act (TDA) through the Metropolitan Transportation Commission (MTC) for bicycle /pedestrian paths and lanes. As part of MTC's guidelines, the attached resolution is to be approved, certified and forwarded along with our formal application and related material. The requested funds are for FY 1984 -85 for the Herriman Avenue Pathway at the approaches to the Saratoga Creek Bridge. This project has been developed from a pedestrian safety study conducted in March, 1983, which indicates the need for a pathway along the inside of the curve on Herriman Avenue at Saratoga Creek (copy of Memo and Data is attached). The project would consist of a 4 foot wide asphalt concrete pathway, constructed in back of existing concrete curb and gutter along the curve -a- linear alignment at the approaches to the Saratoga Creek Bridge. Anticipated construction is proposed for Spring of 1985. Recommendation The Community Development Department recommends the City Council approve the attached resolution approving the project and authorizing the submittal of a claim. Fiscal Impacts The estimated cost for the above project is $5,000.00 of which the City will be reimbursed under the TDA. This project not currently budgeted. It is anticipated to be included in the FY 1984 -85 Budget. Exhibits /Attachments 1. Resolution approving submittal 2. Environmental Assessment /Notice of Exemption 3. TDA Application 4. Memo and Data from March 1983 Herriman Avenue Pedestrian Study Council Action 2/1: Adopted Resolution 2120 5 -0. RESOLUTION NO. RESOLUTION AUTHORIZING.THE FILING OF AN APPLICATION WITH THE 14ETROPOLITAN TRANSPORATTION COMMISSION FOR ALLOCATION OF TRANSPORTATION DEVELOPMENT ACT FUNDS FOR FISCAL YEAR 1934 -1935 WHEREAS, The Transporation Development Act of 1971 provides for the disbursement of funds from the Local Transportation Fund of The County of Santa Clara for use by eligible claimants for the. purpose of pedestrian /bicycle projects; and WHEREAS, pursuant to the rules and regulations that have been adopted by the Secretary of the Business and Transportation Agency of the State of California in accordance with the provisions of. -the aforementioned legislation, an eligibles claimant wishing to receive an allocation from the Local Transportation Fund shall file its application with the appropriate transportation planning agency; and WHEREAS, funds from the Local Transportation Fund will be required to construct pathway project on a portion of Herriman Avenue; now, therefore, be it RESOLVED, by City Council that the Mayor of Saratoga is authorized to execute and file and appropriate claim pursuant to the terms of the Transportation Development Act of 1971, as amended, and pursuant to applicable rules and regulations promulgated thereunder, together with all necessary supporting documents, with the Metropolitan Transportation Commission, for fiscal year 1980 -81 Transportation Development Act monies; and be it further RESOLVED, that a copy of this resolution be transmitted to the Metropolitan.Transportation Commission in conjunction with the filing of the claim; and the Metropolitan Transportation Commission be requested to concur in these findings and grant the allocations of funds as specified herein. The above and by the City Council thereof held on the vote: AYES: NOES: ABSENT: ATTEST: CITY CLERK foregoing resolution was passed and adopted of the City of Saratoga at a regular meeting 1st day of February, 1984, by the following MAYOR Pedes �ro.� .�a�hway IORM L•IA -la CITY OF SARATOGA ENVIRMNMENTAI IMPACT QUESTIONNAIRE (to be completed by applicant) FILING FEE: $ DATE: Ja'ga'' -y 1,6,198¢ FILE NO: GENERAL IN'FORILITION: 1. Name and address of developer or project Sponsor-. Co�rr,N�if eve% �e C/y of So�^aE�4 7c 2. Address of project: �.. 95 �vehGlP brid e a raQC Srtra Creek Assessor's Parcel Number: 3. Name, address and telephone number of person to be contacted concerning this project: Rohm. -� S Stiaa,� Direefor eve `aDrn 40 8 7 -3438 4. Indicate number of the permit application for the project to which this form pertains: S. List and describe any other related permits and other public approvals 1 required for this project, including those required b city, state and federal agencies: /Y /A y y� regional, 6. Existing zoning district: ,Q /—/000(0 7. Proposed use of site (project for which this form is filed): Sha�� ca�crez�e Deo��s�i�i�r� rr��wa y S. Site size. .¢� x_¢p�� tQ So-+ 9. Square footage: 2 pQQ S F 10. Number of floors of construction: ' 11. Amount of off- street parking: 12. Attached plans? Yes �_ _ No 13. Proposed scheduling: �'O/�S�i'Lle� _ .9 /985 14. Associated projects: Np� 15. Anticipated incremental development: /Yo/9e i 16. If residential, include the number of units, schedule of unit sizes, range of sale prices or rents, and type of household.size expected: N Izaa s• 1 YL-S NO 28. Site on filled land or on slope of 10 percent or more. 29 l� 3 0. Use of disposal of potentiall%, hazardous rMterials, such as toxic substances, flammables or explosives. Substantial change in demand for municipal services (police, fire, water, sewage, etc.). !/ 31. Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.). v 32. Relationship to a larger project or series of projects. ENVIRONMENTAL SETTING: 33. Describe the project site as it exists before the project, including information on topography, soil stability, plants and animals, and any cultural, historical or scenic aspects. Describe any existing struc- tures on the site, and the use of the structures. is /oca- ��crv�;�i sa,e ex�sfii> r: f o% wa errimrr� a a eollecg<ir s tee r n i� ea e� w sFer /y be Aui eery Sant 4 f�v �S' 4 - S daa o eg wesf 0 �- rp oSe i in a� ex�.i'�in� G'p1r�crc�Fe -•� - -_Gur 9 dY1 Lll�ilyl�p Of/2 JK ctc� �,f' e s'1fW��Gdir.` �y6f The �u.�`i �-c� is coo 6 e la c� fear along Ede So ZA A4,erly - we s f�rly 34. Describe the surrounding properties, including information on plants and animals and any cultural, historical or scenic aspects. Indicate 'the tyre of land use (residential, commercial, etcs.), intensity of land use (one - family, apartment houses, shops; department stores, etc.) and scale of development height, frontage, setback, rear yard, etc ). urro ra e r r<� e s ape w ;& vn& e �q irJ l c' c* e s� �Sclo `v e arc s 6 ferrate ofGr 17"e rein gyp. a� SarGfo a -S�Gr ay ✓�,Oa) CERTIFICATION: I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for this initial evaluation to the best of my ability, and that the facts, statements and information presented are true and correct to the best of my know- ledge and belief. DATE: IV signature For: /Coder J, S.4eo G NOTICE OF EXI MPTION TO: SECRETARY FOR RESOURCES 1416 Ninth Street, Room 1.311 Sacramento, California 95814 X County Clerk County of Santa Clara 191 North First Street San Jose, California 95112 PROJECT TITLE: Herriman Avenue Pedestrian Pathway FROM: City of Saratoga Dept. of Comm. Development 13777 Fruitvale Avenue Saratoga, California 95070 PROJECT LOCATION - Specific: Southern and western sides of Herriman Avenue at the - bridge approaches of Saratoga Creek 3 PROJECT LOCATION - City: Saratoga PROJECT LOCATION - County: Santa Clara DESCRIPTION OF NATURE, PURPOSE AND BENEFICIARIES OF PROJECT: Construction of a 4' wide, 400' to 5001.1ong, aspFialt concrete pedestrian pa. way within the existing right - of -way of Herriman Avenue. The purpose of the pathway is to improve pedestrian safety near the b.ridge area. This benefits and enhances the safety of Saratoga residents which live in or walk through this area. NAME OF PUBLIC AGENCY APPROVING PROJECT: City of Saratoga NAME OF PERSON OR AGENCY CARRYING OUT PROJECT: City of Saratoga EXEMPT STATUS: (check one) Ministerial (Sec. 15073) Declared Emergency (Sec. 15071(a)) Emergency Project (Sec. 15071 (b)(c)) X Categorical Exemption. (State type and section number): Section 15304..Minor Altera- tions to Land REASON WHY PROJECT IS EXEMPT: Project would require minor grading within existing Fight-.9f.-way wiEh an average slope of J ess than 10% and would not requite _ grading within Saratoga Creek. No major vegetation removal will be required. This activity is similar to.the creation of bicycle lanes of existing right -of- way which is specifically exempt from CEQA. CONTACT PERSON: Robert S. Shook, Director.of Community Development, City of Saratoga (408) -867 -3438 If filed by applicant: 1. Attach certified document of exemption finding. 2. Has a notice of exemption been filed by the public agency approving the project? Yes No DATE RECEIVED FOR FILING: Robert S. Shook Director of Community Development V/( -/g Date APPLICATION DOCUMENTS: TDA ARTICLE 3 Bicycle /Pedestrian Projects Claimant: City of Saratoga Contactperson: Erman Dorsey County: anta Clara Telephone: (408) 867 -3438 Name of Project: Herriman Avenue Pedestrian Pathway Amount of Claim: $5,000.00 Type and extent of project (check and complete requested information) Bike Path (Class 1) _ (length) Other Bicycle Facilities (type) Bike Lane (Class II) _ (length) Pedestrian Walkway X 400 f t . (length) Shared Route (Class III) _ (length) Other Pedestrian Facilities _ (type) Bicycle Parking Facilities _ (number /type) Project Description: Construction of a four (4)..foot wide asphalt concrete pedestrian pathway in back of existing goncrete curb along the southerly and westerly side of Herriman Avenue, along the curve -a- linear alignment at the approaches to the Saratoga Creek Bridge. Financial Plan: Costs for planning, engineering, right -of -way, construction, contingencies, etc.; total cost of project and other funding sources. If this is a segment of a larger project, include prior and proposed funding sources for other segments. I. Project Eligibility (If no, give approximate date of completion in comments.) A. Is the project approved by the governing agency (City Council or Board of Supervisors ?) B. If a bikeway, does the project meet Caltrans' mandatory minimum safety design criteria? (Planning and Design Criteria for Bikeways in California, 1978) C. Has the environmental impact documentation been completed? (See Appendix II in TDA section, MTC Fund Allocation Manual.) EIR Negative Declaration Notice of Exemption X D. Is the project ready to complete within the next fiscal year? 1. Right -of -way purchased 2. Agreement of all cities and other agencies involved 3. Commitment of other necessary funds 4. Preliminary design completed .5. Final cost estimate. Financial plan completed E. Provisions have been made to maintain the facility by claimant X other Comment: YES NO set for 2/l/84 meeting N/A In Process X N/A N/A X _ X i01 II. Evaluation Criteria (Answer questions, check as many lines as apply and include any additional information in Comments.) YES NO A. Does the project eliminate problem areas on routes which would provide relatively safe travel uses? X 1. Bridge or removal of barrier 4. Substandard grates.or culverts 2. Narrow road segments 5. High traffic volume and speed 3. Removal of parking 6. Other Comment: B. Does the project provide access to or bicycle parking in high use activity centers? Access Parking 1. Employment 2. Commercial 3. Educational 4. Public transportation interface 5. Governmental or social service centers 6. Cultural or recreational 7. Other C. Does the project provide for the improvement of bicycle /transit or pedestrian/ transit commute use? Comment: D. Does the project provide connection to and continuity of longer routes? 1. On adopted _county bicycle or pedestrian facilities plan 2. On adopted local bicycle or pedestrian facilities plan Comment E. Is there demonstrated local support? 1. Initiated or supported by community or bicycling organizations 2. Initiated by -local employers or employee groups 3. Public hearing held 4. Local funding (amount ) �_ 5. Local planning or engineering effort Comment; F. Special Circumstances: YES NO X (Please Identify) YES NO X X X G. Additional Materials Required (attach.or indicate when each will be provided to MTC). 1. Project location map. 2. Enviromental document. See Appendix II in TDA Section, pages 79 -89. Please note that the copy of a Notice of Exemp- tion or Negative Declaration which is sent to MTC must show a stamp of receipt for filing by the County Clerk or State Secretary of Resources. 3. Legal counsel's opinion that addresses three points (see TDA Application Document Section on page 54): (a). That the claimant is authorized to perform the project for which the funds are claimed. (b). That claimant is eligible to claim under PUC Section 99234. (c). That there is no legal impediment to the claimant applying for funds or there is no pending or threatened litigation which might adversely affect the project or the ability of the claimant to carry out the project. 4. Governing body resolution approving the project and authorizing the submittal of a claim. NOTE: References are to Fund Application Manual, MTC, 1980. B. Does the project provide access to or bicycle parking in high use activity centers? 1. Employment Access Parking 2. Commercial 3. Educational 4. Public transportation interface 5. Governmental or social service centers 6. Cultural or recreational 7. Other C. Does the project provide for the improvement of bicycle /transit or pedestrian/ transit commute use? Comment: - D. Does the project provide connection to and continuity of longer routes? 1. On adopted county bicycle or pedestrian facilities plan 2. On adopted local bicycle or pedestrian facilities plan Comment: ' E. Is there demonstrated local support? 1. Initiated or supported by community or bicycling organizations 2. Initiated by local employers or employee groups 3. Public hearing held — 4. Local funding (amount ) 5. Local planning or engineering effort �- Comment: F. Special Circumstances: YES NO X (Please Identify) YES NO X X X G. Additional Materials Required (attach.or indicate when each will be provided to MTC). 1. Project location map. 2. Enviromental document. See Appendix 11 in TDA Section, pages 79 -89. Please note that the copy of a Notice of Exemp- tion or Negative Declaration which is sent to MTC must show a stamp of receipt for filing by the County Clerk or State Secretary of Resources. 3. Legal counsel's opinion that addresses three points (see TDA Application Document Section on page 54): (a). That the claimant is authorized to perform the project for which the funds are claimed. (b). That claimant is eligible to claim under PUC Section 99234. (c). That there is no legal impediment to the claimant applying for funds or there is no pending or threatened litigation which might adversely affect the project or the ability of the claimant to carry out the project. 4. Governing body resolution approving the project and authorizing the submittal of a claim. NOTE: References are to Fund Application Manual, MTC, 1980. Sunny cY QC HEFT I MA N 4,4.c, AVE ��i I /l //o e 11, ..,Z-AAIA1Oj, Af, �lE��OO R�ND�ItiI uguw @2 0&M&U00Z 13777 FRUITVALE AVENUE • SARATOGA, CALIFORNIA 95070 (408) 867 -3438 TO: Director of Community Development FROM: Erman Dorsey SUBJECT: Herriman Avenue Pedestrian Study DATE: 3/22/83 Recently a vehicle - pedestrian count was conducted on Herriman Avenue at the Saratoga Creek bridge. The count was conducted on Tuesday, March 15, 1983; the weather was clear and dry; with counts taking place between 7:00 A.M. and 9:00 A.M. and between 2:00 P.M. and 4:00 P.M. The data sheet for these counts is attached. From the field observations during the count the vehicle /pedestrian conflict is minor as compared to the bicycle /moped /pedestrian potential conflict on the southerly side of the roadway. Bicycles and mopeds traveling eastbound seam to be exceeding a safe speed for conditions. (this is a. downhill stretch) Pedestrians walking along the left edge of the roadway, westbound are in an area that is somewhat blind for them as well as approaching traffic. Construction of a 4 foot wide A.C. pedestrian pathway in the area behind the curb, through the area described above, for an estimated cost of $4,000.00 would provide safety for the pedestrians using the southerly side of Herriman Avenue (sketch & estimate is attached) I would encourage the enforcement be present periodically in this area during the A.M. and P.M. times when students are going to and from their respective schools, 10 keep in check the vehicles, mopeds, bicycles and pedestrians. !ate PER R IMAM *4 V4Fyvz! ,4r SARATO6A C'Ri*,.gX ORID44c DATE: 3 /S�B3 DAYa Tire dQ� WEATl-/ER: C lear Or OBSERVER: E Gbrscy WEST- HOUivO SAS T- BDUNo T1",5 VEH. P60. B /KE MOPED Al C- VE/I /oED. 413/K6 MOPED 7:00 -7:75 /! D O O O Z5 / Q O O r75 -7:30 36 Z 1 3 0 4.5 4 Z I o 7 ;30- 7;45 37 / 3 Z O 57 4- 3 1 O. 7:4s -8:0o 49 4- .Z O O 78 O 3 O / B:OO -8:7s 6l 15 7 4 o 69 I O o l 8 :15 -6 :30 97 3 7 Z o 67 Z I O O 8 :30 -8.•45 33 O 1 O O 47 O O o O 8 :45 -9 :00 ZO 1 O 0 O 34 0 1 0 O 70r-41.-.4m.- 344 26 21 I/ 0 422 12 /0 2 2 Z:00-z.115 Z8 0 0 O O 58 O O 4 O Z :is- 2:30 Z 8 o O a d 34- 1 0 l O Z 6 /0 2 0 O 30 O 0 O p_ 2:4s- 3:00 4-6 3 4- 0 0 Z 7 3 Z o 0 3:00 -3:15 65 9 5 O 88 9 2 O 3 :75- 3:30 46 /7 Z 0 O 45 7 7 0 1 3:30 -3:45 35 I 4 o d 50 5 2 1 1 3 :45- 4:00 30 O O O 40 2 7VTQ1--PM• 304 40 /7 0 2 372 27 23 9 2 Coouiv-r = 648 66 38 11 2 794 39 33 // 4 R�MQR/cs: l�rau,os o� rcrr;r�er'S �srn SQra /oqQ �/ S. accauh�ed char 26 lhe /o S fofa 1, 6o -lti ) , Durc n*q Isile vcl e�� Couwr`, if was o6servep� 4�a 127e �nopeo�s were �� ler i-id� dozed /e s ee�/ or 6o�Li. Easf ur�d 6icyc /es Seems � 6c �o:''�' fao �a ,// 1A iti O P-40,0coxec/ .0'4.C. Palll4vay 'I! A 0 p, cr it r 1µe ffil 4t '` 10 c ' o, e> P ,1 �a ly e III 111 SCALE: ye �� Pr 0 9 4B Oo.E mac' �/- C c• r� I CITY OF SARATOGA Initial: AGENDA BILL NO: Dept. Head - Lb- -, DATE: January 25, 1984 City Atty DEPARTMENT: Maintenance City Mgr ---------------------------------------------------------------------------------------------- SUBJECT: Supplement Number Four to the Local Agency - State Agreement for Federal Aid Projects (Culvert Replacement on Mt. Eden Road) ---------------------------------------------------------------------------------------- - - - - -- Issue Summary The repair of the damage caused to the two culverts on Mt. Eden Road during last winter's storms is being funded under the Federal Aid for Emergency Relief Act. In order to complete our application for funds, a supplement to the City's Master Agreement for Federal Aid Projects dated August 17, 1977 must be formally approved by the City Council. The accompanying Resolution approves Supplement Number Four. Recommendation Adopt the Resolution approving the program and authorize its execution. Fiscal Impact This supplement will make $56,500 of Federal Aid Funds available to the City. Attachments /Exhibits 1. Resolution No. 2. Supplement Number Four with Exhibit B 3. Master Agreement Council Action 2/1: Approved Resolution 2119, 5 -0. RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA APPROVING SUPPLEMENT TO MASTER AGREEMENT FOR FEDERAL AID PROJECTS AND AUTHORIZING ITS EXECUTION WHEREAS, the City of Saratoga is applying for federal funds in order to repair storm damage caused to two culverts on Mt. Eden Road, and WI]EREA.S, in order to apply for these funds it is necessary for a supplement to the City's Master Agreement for Federal Aid Projects dated August 17, 1977, to be approved and its execution authorized. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Saratoga does approve Program Supplenent No. 4 to Local Agency -State Agreement No. 04 -5332 for funding of Federal aid project No. 04- SCL -0-Sar ER 1135(1) on FAU Route C155 on Mt. Eden Road between 0.1 mile and 0.3 mile from Pierce Road, and BE IT FURTHER RESOLVED, that the Mayor is authorized to execute the above supp- lement. The above and foregoing resolution was passed and adopted by the City Council of the City of Saratoga.at a regular meeting held on the 1st day of February, 1984, by the following vote: AYES: NOES: ABSENT: ATTEST: City Clerk Mayor STATE OF CALIFORNIA - BUSINESS AND TRANSPORTATION AGENCY GEORGE DEUKMFJIAN, Govemor DEPARTMENT OF TRANSPORTATION FRA BOX 7310 RECEIVED a (415) 557^1840 O 94120 c' SAN DEC 1983 O,UU -NItt D F,U &M T December 19, 1983 i,'i_ ! 1... 04- SCL -0-Sar ER 1135(1) Robert S. Shook Director of Public Works CitY/t)OPOWof Saratoga 13777 Fruitvale Ave. Saratoga. Ca. 95070 Attention: Daniel 0. Trinidad Dear Mr. Shook: Attached are two copies of Program Supplement No. 4 t. Local Agency - State Agreement NOG4 -5332 for funding of the above - referenced Federal- aidroject on FAU RTE. C155 on Mt Eden Rd between 0.1 mile and 0.3 mile from Pierce Rd. If the Supplement is satisfactory, please have both copies signed by the appropriate CityXXXXXXJ officials, and enter the resolution number and date of execution on the first page. Return both copies of the exeucted Supplement together with a certified copy of the CitY'sXXMYJXX Resolution approving the Program and authorizing its execution. Sincerely yours, BURCH C. BACHTOLD % R#,%& District Director By G. Stan Mag owan -J �! / Local Assistance Engr Attach. u Local Agency City of Saratoga Date October 24, 1983 . Supplement No. 4 To Local Agency —State Agreement No. 0 4 - 5 3 3 2 ER- 1135(1) PROGRAM OF LOCAL AGENCY FEDERAL -AID EMERGENCY RELIEF PROJECT IN THE CITY OF SARATOGA Local Agency Pursuant to the Federal Aid for Emergency Relief Act, the attached "Program" of Federal Aid for Emergency Relief Projects marked "Exhibit B" is hereby incorporated in that Master Agreement for the Federal -Aid Program which was entered into between the above named LOCAL AGENCY and the STATE on August 17, 1977 and is subject to all of the terms and conditions thereof. The subject program is adopted in accordance with Paragraph 2 of Article II of the afore- mentioned agreement under authority of City/ "i4 Resolutions No. approved by the City CouncilW%U&D&LWKA�( n (See copy attached). Approved for State District Director of Transportation District 4 Department of Transportation D A -257 (2/81) CITY OF SARATOGA Local Agency By Attest: Clerk Date I hereby Certify upon my own personal knowledge that budgeted funds are availabfe for this encumbrance. Accounting Officer $64q SC) b,p Chapter Statutes Item Fiscal Year Program NSU Category Fund Source �2bbD _)01 .30. D�aL -Qq 083 3 t d_,U M3-8V 0165"0 Date: October 24, 1983 PROGRAM - OF FEDERAL AID D ERGENCY RELIEF PROJECTS PROGRAM SUPPLEMENT NO. 4 roject No. I Location & Description ,ER 1135(1) 04- SC1- 0 -Sar: FAU Route C155 on Mt. Eden Rd. between 0.1 mile and 0.3 mile from Pierce Rd. in the City of Saratoga. al Cost Es $56,500 eras Funds $56,500 EXHIBIT B Local Agency: City of Saratoga Matc ing un s* SDR: Saratoga #3 Emergency Opening *Local Agency Funds unless otherwise specified Special Covenants or Remar s: 1. The. City of Saratoga will advertise, awar an a mini.ster.t is project.- e City will obtain State's concurrence prior to either award or rejection of contract. Project will be constructed in accordance with normal local practices. 2. All emergency work under this agreement will be in progress by 9- 30 -83. 3. The effective date of this agreement is 1- 21 -83. 4. The City of.Saratoga agrees the payment of Federal funds will be limited to the Detail Estimate amount approved by the Federal Highway Administration in the Federal -Aid Project Agreement (PR -2) or its modification (.PR -2A). 5. In executing this Program Supplemental Agreement, Local Agency hereby reaffirms the "Nondiscrimination Assurances" contained in the aforementioned Master Agreement for Federal -Aid Program. 6. Federal funds may be- adjusted due to proration for entire program. DLA- 257A(2 -82) -r fAt LOCAL AGUICY STATE l RERAN f FOR ,!:: :C.EIVEJ FEDERAL-AID PROJECTS ' ;•: ��ion of 04 Santa Clara Saratoga District ounty City AGREEMENT NO._ o4 -5332. 14ASTER AGREEMENT THIS AGREEMENT, made in dulDlieate this 17 day of August 19 77, by and between the City of Saratoga , pol itica subdivision s) of the State of California hereinafter referred to as "LOCAL AGENCY ", and the STATE OF CALIFORNIA, acting by and through the Department of Transportation, herinafter referred to as "STATE ". WITNESSETH: WHEREAS, the Congress of the United States has declared it to be in the national interest for Federal Funds to be expended for highway, fringe parking, bicycle transportation, pedestrian walkways, and mass transportation projects; and WHEREAS, the Legislature of the State of California has enacted legislation by which certain Federal funds authorized may be made available for use on local transportation facilities in accordance with th,2 intent of Federal acts;.and WHEREAS, there exists a compelling need for improvements or restoration of roads, streets, highways, fringe parking, and public transportation facilities within the boundaries of LOCAL AGENCY; and WHEREAS, LOCAL AGENCY and STATE therefore desire to make use of such Federal funds as may be made available within the jurisdictional boundaries of said LOCAL AGENCY; and WHHEREAS, before Federal -aid will be made available for projects, LOCAL AGENCY and STATE are required to enter into an agreement relative to prosecution of the said project and maintenance of the completed facility. DH -OL A 255 (4 -77) THEREFORE, the parties agree as follows: ARTICLE I - CONDITIONS . 1. Projects located in urbanized areas (unless exempt) must be part of a program which.serves to implement an areawide plan held currently valid by the regional transportation policy board. 2. Federal funds may participate only in work which has been officially programmed to and authorized by the Federal Highway Administration in advance of its performance. 3. Funds apportioned such as the STATE's share of FAS funds are considered Federal -aid funds. ARTICLE II - IMPROVEMENTS /RESTORATIONS 1. The term "IMPROVEMENT" or "RESTORATION" as used herein means any work that is financed in part with Federal funds. 2. The Supplemental Local Agency -State Agreement (program supplement) shall be in a form prescribed by STATE; and shall designate who shall advertise, award, and administer the contract, the Federal funds requested, and the matching funds to be provided by LOCAL AGENCY, and, if a State Highway is involved, the matching funds to be provided by STATE. Adoption of the program supplement by LOCAL AENCY and approval by STATE shall cause such program supplement to be a part of this agreement as though fully set forth herein. Unless otherwise delegated the program supplement shall be approved by the LOCAL AGENCY's governing body. Cooperative projects including Mork on a State highway shall be the subject of a separate cooperative agreement. 3. In processing 111PROVEIIENTS or RESTORATIONS, LOCAL AGENCY will conforai to ail STATE statutes, regulations and procedures (in- cluding those se't forth in the STATE's Local Programs Manual) re- lating to the Federal -aid program and to all applicable Federal laws, regulations, and policy and procedural or instructional memoranda. This includes, but is not limited to, the holding of public hearings when required, the publishing of various press notices, and the pre- paration of plans, specifications, and estimates. 4. Unless otherwise designated in the approved program supple- ment, improvements will be constructed by contract in accordance with DH -OLA 255 (4 -77 -2- Certification Acceptance procedures approved by the FFIWA. Such pro- cedures require the use of Specifications described in the State's Certification; STATE approval of plans_, special provisions and esti- mated costs prior to advertisement; a certification by LOCAL AGENCY with respect to the right -of -way; and advertisement for a minimum of 3 weeks prior to bid opening. The contract will be awarded by LOCAL AGENCY, its agent, or by STATE as may be determined between the parties prior to each project advertisement. 5. When the IMPROVEMENT or RESTORATION includes work to be performed.by a railroad, the contract for such work shall be entered into by LOCAL AGENCY or by STATE, as parties hereto agree. A con- tract entered into by LOCAL AGENCY for such work must have prior approval of STATE. In either event, LOCAL AGENCY shall enter into an agreement with the railroad providing for maintenance of the pro- tective devices or other facilities installed under the service contract. 6. LOCAL AGENCY shall provide or arrange for adequate super- vision and inspection of each improvement, including contracts awarded by STATE. With prior State approval, surveying, inspection and test- ing may be performed by a consulting engineer provided an employee of LOCAL AGENCY is in responsible charge. 7. STATE shall exercise general supervision over Federal -aid improvements and may assume full and direct control over the project whenever STATE, at its sole discretion, shall determine that its responsibility to the United States so requires. LOCAL AGENCY contracts shall so stipulate. ARTICLE III - RIGHTS -OF -WAY 1. No contract for the construction of a Federal -aid IMPROVE- MENT or RESTORATION project shall be awarded until the necessary rights -of -way have been secured. Prior to the advertising of a proj- ect on a local street, LOCAL AGENCY shall certify and upon request shall furnish STATE with evidence that necessary rights -of -way are available for construction purposes or will be available by the time of contract award. 2. LOCAL AGENCY agrees to hold STATE harmless from any lia- bility which may result in the event the right -of -way is not clear as certified. The furnishing of right -of -way as provided for herein includes, in addition to all real property required for the improve- ment free and clear of obstructions and encumbrances affecting the DH -OLA 255 (4 -77) -3- proposed project, the payment as required by applicable law of dam- ages to real property not actually taken but injuriously affected by the proposed improvement. LOCAL AGENCY shall pay from its funds any costs which arise out of delays to the contractor because utility facilities have not been removed or relocated, or because rights -of- way have not been made available to the contractor for the orderly prosecution of the work. 3. Subject to STATE approval and such supervision over LOCAL AGEN CY's right -of -way acquisition procedures as STATE may determine is necessary, LOCAL. AGENCY may claim reimbursement from Federal funds for expanditiares to purchase rights -of -way included in an approved project. 4. The LOCAL AGENCY will comply with Title II and III of the Uniform Real Property Acquisition Policy. 5. Whether or not Federal -aid is to be requested for right -of- way, should LOCAL AGENCY, in acquiring richt -of -way for a Federal -aid I11FROVENENT,. displace an individual, family, business, farm operation, or non- profit organization, relocation payments and services will be provided as set forth in Chapter 5 of Title 23, U.S. Code. The public will be adequately informed of the relocation payments and services which will be available, and, to the greatest extent practicable, no person lawfully occupying real property shall be required to move from his dwelling or to move his business or farm operation without at least 90 -days vr•itten notice from the LOCAL AGENCY. LOCAL AGENCY will pro- vide the State with specific assurance, on each project, that no person will be displaced until comparable decent, safe and sanitary replace- ment housing is available within a reasonable period of time prior to displacement, and that LOCAL AGENCY's relocation program is realistic and is adequate to provide orderly, timely and efficient relocation of displaced persons for the project as provided in FIIPM 7 -5. ARTICLE IV - FISCAL PROVISIONS 1. When a Federal -aid IMPROVEMENT or RESTORATION-contract is to be awarded by STATE, matching funds will be provided by LOCAL AGENCY prior to the time that such funds are required to reimburse contractor. STATE will bill LOCAL AGENCY for amount due immediately following con- tract award, or at option of LOCAL AGENCY, will submit monthly bills during life of contract. 2. The estimated total cost of Federal -aid projects, the amounts of Federal -aid programmed, and the matching amounts agreed upon may be DH -OLA 255 (4 -77) -4- adjusted by mutual consent of the parties hereto, provided funds are available to cover increases and provided Federal Highway Administration concurs in any increase in the Federal -aid. 3. Upon submittal by LOCAL AGENCY of a statement of expenditures for Federal -aid improvements, STATE will pay its agreed share and if permitted by State Law will advance an amount equal to the legal pro rata Federal share of the costs believed to be eligible for participa- tion with Federal funds or will voucher Federal Highway Administration for reimbursement. 4. LOCAL AGENCY shall use its own funds to finance the local share of eligible costs and expenditures ruled ineligible for financ- ing with Federal funds. STATE shall make preliminary determination of eligibility for Federal fund financing. Ultimate determination shall rest with the Federal Highway Administration. Any overpayment of amounts due shall be returned to STATE upon demand. 5. When any portion of a LOCAL AGENCY project is,performed by STATE, charges therefor shall include assessment on direct labor costs in accordance with Section 8755.1 of the State Administrative Manual. The portion of such charges not financed with Federal funds shall be paid from funds of LOCAL AGENCY. 6. Should LOCAL AGENCY fail to pay monies due STATE within 30. days of demand or within such other period as may be agreed between the parties hereto, STATE, acting through State Controller, may with- hold an eqtial amount from future apportionments due LOCAL AGENCY from the Highway Users Tax Fund. 7. Auditors of STATE and the United States shall be given access to LOCAL AGENCY's books and records and shall be given such assistance and information as is requested for the purpose of checking costs paid, or to be paid by STATE hereunder. ARTICLE V - MISCELLANEOUS PROVISIONS 1. This agreement shall have no force or effect with respect to any project unless and until said project has been authorized by the Federal Highway Administration and a Program Supplemental Agree- ment has been executed. 2. The Congress of the United States, the Legislature of the State of California, and the Governor of the State of California, each within their respective jurisdiction, have prescribed certain employment practices with respect to contract and other work financed DH -OLA 255 (4 -77) -5- ., with Federal or State funds. LOCAL_ AGENCY shall insure that work per- formed under this agreement is done in conformance with rules and regulations embodying such requirements where they are applicable. Nondiscrimination Assurances, Exhibit "A ", are hereby considered a part of this agreement. 3. When Federal funds are to participate in the cost of work done by a consultant, the agreement or contract with the consultant may not be executed or awarded until the selection of the consultant and the terms of the agreement or contract have been approved by STATE. Such agreement or contract shall include a provision that the work and records of the consultant are subject to inspection at all times by representatives of LOCAL AGENCY, STATE and the Federal Highway Administration and that agreement or contract may be terminated by LOCAL AGENCY upon a finding that the consultant is failing to live up to the terms of the agreement or contract. All major changes in the agreement or contract must have prior approval of the STATE. As soon as agreement or contract with consultant has been awarded, two certified copies of said agreement or contract shall be submitted to STATE. 4. LOCAL AGENCY and its contractors shall retain all original records and documents relating to work hereunder financed in part with Federal funds and shall make same available for inspection by STATE and Federal representatives upon request. Following final settlement of the project accounts with the Federal Highway Adminis- tration, such records and documents may be microfilmed at the option of LOCAL AGENICY, but in any event shall be retained for a three -year period after FHWA payment of final voucher, or a four -year period from the date of final payment under the contract, whichever is longer. 5. (a) Neither STATE nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason of any- thing done or omitted to be done by LOCAL AGENCY under or in connection with any work, authority or jurisdiction delegated to LOCAL AGENCY under this agreeme►it. It is also understood and agreed that, pursuant to Government Code Section 895.4, LOCAL-AGENCY shall fully indemnify and hold STATE harmless from any liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of anything done or omitted to be done by LOCAL AGENCY under or in connection with any work, authority or jurisdiction delegated to LOCAL AGENCY under this agreement. (b) Neither LOCAL AGENCY nor any officer or employee thereof, shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by STATE under or in connection with any work, authority or jurisdiction not delegated to LOCAL AGENCY under this agreement. It is also understood and agreed that, pursuant to Government Code Section 895.4, STATE shall fully indemnify and hold DH OLA 255 (4 -77) -6- LOCAL AGENCY harmless from any liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of anything done or omitted to be done by STATE under or in connection with any work, authority or jurisdiction not delegated to LOCAL AGENCY under this agreement. ARTICLE VI - MAINTENANCE 1. Upon acceptance by the awarding authority of a completed Federal -aid project or upon the contractor being relieved of the responsibility for maintaining and protecting a portion of the work, the agency having jurisdiction over the transportation facility shall maintain the completed work in a manner satisfactory to the authorized representatives of the State and the United States. If, within 90 days after receipt of notice from STATE that a project on a transportation facility under its jurisdiction or any portion thereof, is not being properly maintained, LOCAL AGENCY has not satisfactorily remedied the conditions complained of, the approval of further Federal - aid projects of LOCAL AGENCY will be withheld until the project shall have been put in a condition of maintenance satisfactory to STATE and the Federal Highway Administration. The provisions of this section shall not apply to a transportation facility which has been vacated through due process of law. 2. The maintenance referred to in paragraph 1 above includes not only the physical condition of the facility but its operation as well. Traffic Operations Improvements on local streets shall be main- tained by an adequate and well- trained staff of traffic engineers and technicians. Said maintenance staff may be employees of a LOCAL AGENCY, another unit of government or a consultant under contract with a LOCAL AGENCY. DH -OLA 255 (4 -77) -7- IN WITNESS WHEREOF, the parties have executed this agreement by their duly authorized officers. STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION DISTRICT 04. . By / . , .' Deputy District Director of ransportation Approval Recommended: Local Assistance Engineer DH -OLA 255 (4 -77) _g CITY OF SARATOGA o ey. Mavnr / ATTES wUfl- 'TVYwXXXXXXXXXXXXXXXXXX KyxXXXXXXXXXXXXXXXXXXXXXXXXX ChA 1rqMft�XR6At)dXdf UpetVllbrs AICXXXXXXXXXXXXXXXXXXXXX 'k 6 " X PUM INT I I IE I F "A" NONDISCRIMINATION ASSURANCES The NUffTY /CITY of Sarato r<-, (hereinafter) referred to as the RECIPIENT HEREBY AGREES THAT as a condition to receiving any Federal financial assistance from the California Department of Transportation, acting for the U. S. Department of Transportation, it will comply with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42✓U.S.C. 2000d -42 U.S.C. 2000d -4 (hereinafter referred to as the ACT), and all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally- Assisted Programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964 (hereinafter referred to as the REGULATIONS), the Federal -aid Highway Act of 1973, and other pertinent directives, to the end that in accordance with the ACT, REGULATIONS, and other pertinent directives, no person in the United States shall, on the grounds of race, color, sex, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the RECIPIENT receives Federal financial assistance from the Federal Department of Transportation, HEREBY GIVES ASSURANCE THAT it will promptly take any measures necessary to effectuate this agreement. This assurance is required by subsection 21.7(a) (1) of the REGULATIONS. More specifically and without limiting the above general assurance, the RECIPIENT hereby gives the following specific assurances with respect to its Federal -aid Program: 1. That the RECIPIENT agrees that each "program" and each "facility" as defined in subsections 21.23 (e) and 21.23 (b) of the REGULATIONS, will be (with regard to a "program ") conducted, or will be (with regard to a "facility ") operated in compliance with all requirements imposed by, or pursuant to, the REGULATIONS. 2. That the RECIPIENT shall insert the following notification in all solicitations for bids for work or material subject to the REGULATIONS made in connection with the Federal -aid Program and, in adapted form in all proposals for negotiated agreements: DH -OLA 255 (4 -77) -9- AGREEMENT EXHIBIT "A" The (CCt:lilTY /CITY of Sarat:orza or other approved contracting authority hereby notifies all bidders that it will affirmatively insure that in any contract entered into pursuant to this advertisement, minority business enterprises will be afforded full opportu- nity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex, or national origin in consideration for an award. 3. That the RECIPIENT shall insert the clauses of Appendix A of this assurance in every contract subject to the ACT and the REGULATIONS. 4. That the clauses of Appendix B of this assurance shall be included as a covenant running with the land, in any deed from the United States effecting a transfer of real property, structures, or improvements thereon, or interest therein. 5. That where the RECIPIENT receives Federal financial assist- ance to construct a facility, or part of a facility, the assurance shall extend to the entire facility and facilities operated in connec- tion therewith. 6. That where the RECIPIENT receives Federal financial assist- ance in the form, or for the acquisition of real property or an interest in real property, the assurance shall extend to rights to space on, over, or under such property. 7. That the RECIPIENT shall include the appropriate clauses set forth in Appendix C of this assurance, as a covenant running with the land, in any future deeds, leases, permits, licenses, and similar agreements entered into by the RECIPIENT with other parties: (a) for the subsequent transfer of real property acquired or improved under the Federal -aid Program; and (b) for the construction or use of or access to space on, over, or under real property acquired, or improved under the Federal -aid Program. B. That this assurance obligates the RECIPIENT for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form of, personal property, or real property or interest therein or structures or improvements thereon, in which case the assurance obligates the RECIPIENT or any transferee for the longer of the fol- lowing periods: DH -OLA 255 (4 -77) -10- AGREEMENT EXHIBIT "A" • (a) the period during which the property is used for a purpose for which the Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; or (b) the period during which the RECIPIENT retains own- ership or possession of the property. 9. The RECIPIENT shall provide for such methods of administra- tion for the program as are found by the U. S. Secretary of Transpor- tation, or the official to whom he delegates .specific authority., to give reasonable guarantee that it, other recipients, subgrantees, con- tractors, subcontractors, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed by,`or pursuant to, the ACT, the REGULATIONS and this assurance. 10. The RECIPIENT agrees that the United States and the State of California have a right to seek judicial enforcement with regard to any matter arising under the.ACT, the REGULATIONS, and this assurance. THIS ASSURANCE is given in consideration of and for the purpose of obtaining any and all Federal grants, loans, contracts, property, discounts or other Federal financial assistance extended after the date hereof to the RECIPIENT by the California Department of Transpor- tation- I. acting for the U. S. Department of Transportation, and is binding on it, other recipients, subgrantees, contractors, subcon- tractors, transferees, successors in interest and other participants in the Federal -aid Highway Program. DH -OLA 255 (4 -77) -11- AGREEMENT EXHIBIT "A" APPENDIX A During the performance of this contract, the contractor, for itself, its assignees and successors in interest (hereinafter referred to as the CONTRACTOR) agrees as follows: (1) Compliance with Regulations: The CONTRACTOR shall comply With the regulations re ative to nondiscrimination in Federally- assisted programs of the Departrnv2nt of Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (here- inafter referred to as the REGULATIONS), which are herein incorporated by reference and made a part of this contract. (2) Nondiscrimination: The CONTRACTOR, with regard to the work performs by it ur riig the contract, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The CONTRACTOR shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the REGULATIONS, including employment practices when the contract covers a program set forth in Appendix B of the REGULATIONS. (3) Solicitations for Subcontracts Including Procurements of Materials an�] c ment: In a so icitations either- y compet'itive F ing or negotiation made by the CONTRACTOR for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the CONTRACTOR of the contractor's obligations under this contract and the REC4JLATIONS relative to nondiscrimination on the grounds of race, color, or national origin. (4) Inforriation and Reports: The CONTRACTOR shall provide all information anTreports required by the REGULATIONS, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the State highway department or the Federal Highway Administration to be pertinent to ascertain compliance with such REGULATIONS or directives. Where any information required of a con- tractor is in the exclusive possession of another who fails or refuses to furnish this information, the CONTRACTOR shall so certify to the State highway department, or the Federal Highway Administration as appropriate, and'shall set forth what efforts it has made to obtain the information. (5) Sanctions for Noncompliance: In the event of the CONTRACTORS's noncompliance with the nondiscrimination provisions of this contract, DH -OLA 255 (4 -71) -12- AGREEMENT EXHIBIT "Au the State highway department shall impose such contract sanctions as it or the Federal Highway Administration may determine to be appropriate, including, but not limited to: (a) withholding of payments to the CONTRACTOR under the contract until the CONTRACTOR complies; and /or (b) cancellation, termination or suspension of the contract, in whole or in part. (6) Incorporation of Provisions: The CONTRACTOR shall include the provisions of paragraphs through (6) in every subcontract, including procurements of materials and leases of equipment, unless exempt by the REGULATIONS, or directives issued pursuant thereto. The CONTRACTOR shall take such action with respect to any subcontract or procurement as the State highway department or the Federal Highway Administration may direct as a means of enforcing such provisions in- cluding sanctions for noncompliance: Provided, however, that, in the event a contractor becomes involved in, or is threatened with, litiga- tion with a subcontractor or supplier as a result of such direction, the CONTRACTOR may request the State highway department to enter into such litigations to protect the interests of the State, and, in addition, the CONTRACTOR may request the United States to enter into such litiga- tion to protect the interests of the United States. DH -OLA 255 (4 -77) -13- AGREEMENT EXHIBIT "A" APPENDIX B The following clauses shall be included in any and all deeds effecting or recording the transfer of real property, structures or improvements thereon, or interest therein from the United States. (GRANTING CLAUSE) NOW, THEREFORE, the Department of Transportation, as authorized by law, and upon the condition that the RECIPIENT will accept title to the lands and maintain the project constructed thereon, in accordance with Title 23, United States Code, the Regulations for the Adminis- tration of Federal Aid.for Highways and the policies and procedures prescribed by the Federal Highway Administration of the Department of Transportation and, also in accordance with and in compliance with the Regulations pertaining to and effectuating the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252; 42 U.S.C. 2000d to 2000d -4), does hereby remise, release, quitclaim and convey unto the RECIPIENT all the right, title and interest of the Department of Trans- portation in and to said lands described in Exhibit "A" attached here- to and made a part hereof. (HABENDUM CLAUSE) TO HAVE AND TO HOLD said lands and interests therein unto the RECIPIENT and its successors forever, subject, however, to the covenant, conditions, restrictions and reservations herein contained as follows, which will remain in effect for the period during which the real prop- erty or structures are used for a purpose for which Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits and shall be.binding on the RECIPIENT, its successors and assigns. The RECIPIENT, in consideration of the conveyance of said lands and interests in lands, does hereby covenant and agree as a covenant running with the land for itself, its successors and assigns, that (1) no person shall on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination with regard to any facility located wholly or in part on, over, or under such lands hereby conveyed (J (and)* DH -OLA 255 (4 -77.) -14- ' a r AGREEMENT EXHIBIT "A" APPENDIX B (2) that the RECIPIENT shall use the lands and interests in lands so conveyed, in compliance with all require- ments imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non- discrimination in Federally- assisted programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended (,) and (3) that in the event of breach of any of the above - mentioned nondiscrimination conditions, the Department of Transportation shall have a right to re -enter said lands and facilities on said land, and the above de- scribed land and facilities shall thereon revert to and vest in and become the absolute property of the Department of Transportation and its assigns as such interest existed prior to this deed.* *Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to effectuate the purposes of Title VI of the Civil Rights Act of 1964. DH -OLA 255 (4 -77) -15- 0 AGREEMENT EXHIBIT "A" APPENDIX C The following clauses shall be included in any and all deeds, licenses, leases, permits, or similar instruments entered into by the RECIPIENT, pursuant to the provisions of Assurance 1(a). The (grantee, licensee, lessee, permittee, etc., as appropriate) for himself,'his heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds and leases add "as covenant running with the land ") that in the event facilities are constructed, maintained, or otherwise operated on the said property described in this (deed, license, lease, permit, etc.) for a purpose for which a Department of Transpor- tation program or activity is extended or for another purpose involving the provision of similar services or benefits, the (grantee, licensee, lessee, permittee, etc.), shall maintain and operate such facilities and services in compliance with all other requirements imposed pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of Secretary, Part 21,. Nondiscrimination in Federally - assisted programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of.1964, and as said Regulations may be amended. (Include in licenses, leases, permits, etc.)* That in the event of breach of covenants, the RECIPIENT shall have lease, permit, etc.) and to re -enter facilities thereon, and hold the same etc.) had never been made or issued. (Include in deeds)* any of the above nondiscrimination the right to terminate the (license, and repossess said land and the as if said (license, lease, permit, That in the event of breach of any of the above nondiscrimination covenants, the RECIPIENT shall have the right to re -enter said land and facilities thereon, and the above described lands and facilities shall thereupon revert to and vest in and become the absolute property of the RECIPIENT and its assigns. The following shall be included in all deeds, licenses, leases, permits, or similar agreements entered into by the RECIPIENT, pursuant to the provisions of Assurance 7 (b). * Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to effectuate the purposes of Title VI of the Civil Rights Act of 1964. DH -OLA 255 (4 -77) -16- AGREEMENT EXHIBIT "A" APPENDIX C The (grantee, licensee, lessee, permittee, etc., as appropriate) for himself, his personal representatives, successors in interest and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds, and leases add "as a covenant running with the land ") that: (1) no person on the ground of race, color, sex, or national origin shall be excluded from participation in, denied the benefits of, or otherwise subjected to discrimination in the use of said facilities, (2) that in the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the ground of race, color, sex, or national origin shall be ex- cluded from participation in, denied the benefits of, or otherwise be subjected to discrimination, (3) that the (grantee, licensee, lessee, permittee, etc.,) shall use the premises in compliance with the Regulations. (Include in licenses, leases, permits, etc.)* That in the event of breach of any of the above nondiscrimination covenants, the RECIPIENT shall have the right to terminate the (license, lease, permit, etc.) and to re -enter and repossess said land and the facilities thereon, and hold the same as if said (license, lease, permit, etc.) had never been made or issued. (Include in deeds)* That in the event of breach of any of the above nondiscrimination covenants, the RECIPIENT shall have the right to re -enter said land and facilities thereon, and the above described lands and facilities shall thereupon revert to and vest in and become the absolute property of the RECIPIENT, and its assigns. * Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to effectuate the purposes of Title VI of the Civil Rights Act of 1964. DH -OLA 255 (4 -77) -17- tJ' CITY OF SARIIIC)CA / G=- A BILL NO. J �T nitial: DATE: January 30, 1984 DEPARTMENT: City Manager C. At C. Mgr. SUBJECT: Santa Clara County Policy on Hillside Development Issue Summary Santa Clara County is proceeding with an environmental impact review on proposed changes to County General Plan policies that would premit mixed uses of agricultural and hillside lands. Such changes, if approved, would make possible the development of hillside lands for residential and /or' research and development purposes. In areas around Saratoga, such development would have significant impacts on the community. Present County policies permit only single family use or agricultural use on minimum twenty acre plots in the hillsides around Saratoga. At their meeting on 1/25/84, the West Valley Mayors and Managers organization considered.the possibility of a joint communique to the County Board of Supervisors expressing strong opposition to this proposed change in County General Plan policies. On 11/16/83 Saratoga City Council adopted Resolution 2107 opposing this proposed change to County General Plan policies. _Joint action by the City's of the West Valley in opposition to the proposed change in County policy would be consistent with your previous resolutlon. Recommended Action .By minute action, authorize the Mayor of Saratoga to join with the mayors of West Valley cities on behalf of the City of Saratoga expressing opposition to proposed change in County General Plan policies. Fiscal Impacts There are no known fiscal impacts from this position. Exh i.bi is /Attachnnn is 1. Draft of position paper to be signed by West Valley Mayors. 2. Report on proposed change to County General Plan policies. 3. Copy of Resolution 2107 (11/16/83). Council Action 2/15: Consensus for Moyles to write letter opposing policy. DRAFT POSITION PAPER WEST VALLEY MAYORS A January 20, 1984 When the County's General Plan was adopted in 1981, it was heralded as a plan which would protect the environment, draw a clear distinction between urban and rural land uses and preserve the hillsides and the mountains. It is inevitable that any public document such as a General Plan would be subject to change over time. Recently the County was considering two changes which might be considered the beginning of a process of erosion of the high ideals expressed when the General Plan was adopted. The first of these amendments (1970 -00 -00 -83GP, Exhibit A) was initiated by the Board of Supervisors and eliminated the requirement for a cluster permit and open space dedication on two -lot subdivisions in the hillsides. This amendment has been adopted. According to the staff analysis, this amendment will not result in an increase in the number of potential divisible parcels in the hillsides, however, if it is viewed as the beginning of a trend and is extended to include three or four lot subdivisions etc. then there is a real concern about the protection of the hi-llisides.. The other amendment (1959 -UO -00 -83GP, Exhibit B) would have allowed industrial uses in the unicorporated hillside area. The amendment was intended to address a specific piece of property in the South County, but as written would have applied throughout the County. The Board did not adopt the amendment, but has requested further study and asked that the matter be brought back in April 1984. This amendment does not have to be viewed as the possible beginning of a trend, it is alarming in itself. N o 1 G/ V M X ;'o /c-S vmw or rrmnmg ^.ounty Government Center, East Wing. 70 West Hedding Street County of-Santa-Clara San �o,e. C( W) 22W2521 California: ENVIRONMENTAL. ASSES 'zME.NT File No.: 1959-00- 00_83'GP ' Date: September 12, 1983 Prepared by: Maureen Owens Sponsor Mrs-. Esther Monschke Change General Plan to allow Project: for mixed use of agricultural lands. Propose a research an development project and residential uses Reviewed by: Hugh Graham RECOMMENDED ENVIRONMENTAL DETERMINATION: CATEGORICALLY EXEMPT. Project is within a class of projects determined not to have a significant effect on the environment. NEGATIVE DECLARATION. The proposed project could not have a significant effect on the environment. MITIGATED NEGATIVE DECLARATION. Although the proposed project could have. a significant effect on the environment, there will not be a significant effect in this case if the mitigation measures are added to the project. (In this case, if mitigation does not occur through: (1) a change in plans; or (2) an enforceable commitment from the applicant, an EIR would be required). 1p1 ENVIRONMENTAL IMPACT REPORT IS REQUIRED. The proposed project may have a �I significant effect on the environment. FOCUSED ENVIRONMENTAL IMPACT REPORT. Significant environmental effects may occur on a few limited areas. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED DISCUSSION (continued) (SEE ATTACHED SHEETS) `aff Conclusion: EXHIBIT A ® An Equal Opportunity Employer Land Use /General Plan f9l Safety Geologic Air Quality Resources /Parks JWN Noise Waste /Sewage /Water Quality IV Aesthetic ® Flora and Fauna Energy Transportation Wad Historical /Archaeological Housing Public Services & Utilities DISCUSSION (continued) (SEE ATTACHED SHEETS) `aff Conclusion: EXHIBIT A ® An Equal Opportunity Employer DISCUSSION Staff Conclusion Based. on the findings of the- Initial Study, it has. been determined that. the proposed project would have a significant adverse environmental impact. Therefore, an Environmental Impact Report is required. This report should in particular address the issues of waste and sewage treatment, geology, and housing, and growth inducing potentials. Environmental Setting The proposed amendment relates to all "Hillside" areas in the County and to a ranch in the Hayes Valley. The "Hillside" designation includes between 1/4 and 1/3 of the County's mountain areas. It includes most of the Santa Cruz Mountains on the west, except lands designated "Other Public Open Lands" and two areas in the South Santa Cruz Mountains designated "Ranchlands ". .It also includes the Santa Teresa Hills and most of the first ridge of the Mt. Hamilton Range,on the east. The 1,518 acre Monschke ranch is located in the Hayes Valley south of Morgan Hill and west of the San Martin area. The valley is separated from the main part of. the. South Valley by a low -range of hills, west of the San Martin area, which is broken by the west branch of: Llagas_ Creek. The main_ access is on the west from Watsonville Road, which proceeds south from Morgan Hill through the Uvas Valley to Hecker Pass Road. The Hayes Valley and the ranch are 3-4 miles south of the Morgan Hill central business district. Most of the Hayes Valley area is designated "Hillside" due to its. hilly topography. Ther areas which are mostly flat are designated "Agriculture - Medium Scale ", and are used for agriculture and grazing. There are three nearby areas designated "Rural Residential'. One is located on Coolidge Road in San Martin, the remaining two are along Watsonville Road. These are areas which had already been divided into smaller parcels when the General Plan, as revised in 1980. Many of the parcels had been developed as "Ranchettes ". l j U Project Description The amendment proposed to change the allowable uses of the "Hillside" designation to include specific non - residential uses. In general, the amendment broadens the definition of the allowed commercial, institutional and industrial uses from those "which must be their nature be located outside of cities to those which may be so located. It would exclude heavy manufacturing activities from the land use designation and limit allowable industrial use to "research and development with limited assembly ". It would limit allowed industrial uses to parcels with a minimum of 320 acres. In developments which include industrial use, it would limit building coverage to a maximum of 3%, prohibit building activity on slopes exceeding 20.%, and require: preservation of 90% of- gross acreage, ,n agriculture,,. scenic; recreational,, or other approved. open space. Mixed, use: of allowable uses would. be encouraged. (See attached specific wording). The current allowable uses for "Hillside. Areas. are ".... agricultural. and grazing;. mineral extraction, parks and low- density recreatior)al. facilities -, land, in- its natural, state; wildlife refuges and very low- intensity residential development. Commercial, industrial, or institutional uses may also be allowed which support recreation or the productive use or study of the natural resources, and which must by their nature be located outside the city." The amendment is proposed so as to allow application for a specific development on the 1,518 acre Monschke ranch in the Hayes Valley several miles, south of Morgan Hill and west of San Martin. The proposed development would include 200 acres for an industrial park, 125 acres for 50 executive type homesites to be clustered in the "Hillsides" 800 acres for agriculture and 200 acres each for grazing lands and hillside scenic open space. Development would be limited to 3% of the total land area. Waste water treatment would be by a package treatment facility serving the industrial area. The 50 residences would use septic tank systems. Discussion of Impacts The General Plan amendment proposes a major policy change in the "Allowable Uses "of the Hillside Area designation. If adopted, it is possible that a similar proposal would arise for the Ranchland designation relating to Ranchland areas with easy access to the urban area. la. Land Use /General Plan - General The major change is to expand the types of allowable commercial, industrial or institutional uses from "those which support recreation or the productive use or study of the natural resources, and which must by their nature be located outside of cities" to "or those which may by then nature be located outside of cities in a natural setting ". The present policy says the non - residential activities, if not supporting recreation or resources study, must be related to the use of natural resources and require a location outside the urban area. For example, the UTC rocket testing facility, which is located in the hills east of Metcalf Road could not locate in the urban area. It is located in the hills and uses the terrain to shield the urban population from the impacts of testing while being located in convenient proximity to the other UTC facilities in the valley. Resource extraction would be another allowable use. An effect of the policy is to limit the number of non - residential developments in the "Hillside" areas. The new wording would allow in a "Hillside" area, any non - residential use which is able to locate outside cities, including any commercial, institutional or industrial uses (limited to research and development with limited assembly, and excluding heavy manufacturing). While the amendment proposes limitations for industrial uses, the amendment would open the "Hillside" areas to a vast array of potential uses. As presently worded, the policy calls for the applicant to demonstrate the need to locate outside of the urban area. The amendment would eliminate that test. 3 The wording change proposed for- the; Description of the- "Hillside Area" designation does. not, seem substantial, based. on preliminary analysis for this assessment. The wording changes for Development Policies: Density include: a) the, additional. requirement in #5 that non: residential, facilities be4 placed. only where- _they will not have adverse visual impact. This would seem to prohibit communication towers and other facilities which must have mountain top locations where visual impact is inevitable. b) The addition of several standards for industrial development, including: that industrial development be limited to parcels of 320 acres or more; building coverage not exceed 3 %; building be prohibited from slopes excluding 20 %; and that 90% of gross acreage be preserved in agriculture, scenic, recreational, or other approved open space. Further analysis is recommended to evaluate the effect of these proposal in areas designated "Hillside." c) Mixed uses of allowable uses would be encouraged. This would seem to be a desirable policy if the overall scale of a development is consistent with the objectives of the "Hillside" areas and if the uses to be mixed have inherent relationship with one another. d) the proposal to require integrated site and building design with materials to be compatible with the site would have aesthetic benefits. lb. Land Use /General Plan - Site Specific If adopted, the proposal would result in a major change in the land use designation and in the zoning . for the Monschke Ranch in the Hayes Valley- This land is predominately designated hillside with a small area designated "Agriculture- Medium Scale." The Roy Monschke Ranch utilizes the area for their ranching activities and for the production of crops. The project proposes to replace the ranch with a research and development park, and some associated housing. The majority of the property would be dedicated as open space. According to the Cities of Gilroy and Morgan Hill, this proposal is inconsistent with the goals of their communities. They are especially concerned with the growth inducing potential inherent in this proposal (see attached letters). The proposed project can be expected to cause substantial changes in the development density of the South County. Substantial land use changes will occur on the project site which can be expected to impact land uses in the neighboring hillsides and agricultural areas. The proposed research and development will eventually employ 3,000 people. Unless these people are already residents of the South County area, there will be an increase in housing needs. This could be expected to impact development in the cities of Morgan Hill and Gilroy, and the unincorporated area in San Martin. The application includes 200 acres for the industrial component, 50 homesites on a minimum of 125 acres, an agricultural component of 800 acres, and 200 acres each for grazing lands and hillside scenic open space. The proposal states that development would occur within a. 350. acre: area,. however- the. situ maps indicate. than much of the. 1,518 acres would be, affected. rt: is; unclear, at: this. time= if. the 350: "developed acres includes. the. area, of necessary roadways and, package- sewer, treatment plant. It is also unclear, from where- the, 800 acre, agricultural component would be. derived., Due. to the existing. topography of. Hayes Valley, which is mostly hillside, there; does.. not appear to be 800 acres of land available in the proposal for cultivated agriculture. The best agricultural soils are in the valley portion of the ranch, which is the area proposed for development. It is also unclear where the 200 acres proposed for grazing lands would be located, due to the scattered clustering of the homesites and the steep hillsides. Careful review of the proposal, including its conceptual site design, with roadways, and driveways and service facilities is necessary to determine the impacts that this development would have on the open space and rural characteristics of Hayes Valley and on the South County community. 2. Geologic The project is located in an area designated as having a potential for major geological hazards. According to the County Geologist, a site specific geologic survey should be conducted before this project is approved. The study should also be specific in terms of the proposed research and development park as well as hillside homesites. The applicant refers to a geologic study by the U.S.. Army Corps of Engineers, who studied the area as a reservoir site. This study does not address the geologic questions raised, by the present development plan. Preliminary investigation indicates that the soils on the property are subject to soil creep. Soil creep, coupled with slope, creates a major hazard. for construction, and could result in significant property losses after development. Expansive clays cover most of the property. About thirty -five percent of the property has a slope of 30 percent or more and 45 percent has slope of 10 -30 %. Expansive clays expand when wet and shrink when dry, this activity causes the soil to creep. Structures built on this soil will gradually pull apart as the soil creeps down the slope. Soil creep is a major cause of road failures and is a critical factor in the maintenance of sewage lines, water pipes and road surfaces. With this geologic instability, development plans would require review by the County Geologist. 3. Resources The applicant proposes that 800 acres will be utilized for agriculture, which is considerably more than the current acreage. The conceptual site map of the project does not delineate this area. This project, if approved, would impair the agricultural use and productivity of prime agricultural land. Some grazing areas will be lost with construction of the research and development park, hillside homes and the roadways. Due to the scope of this project, the traffic generated, and the demand for housing, the agricultural lands in the general area could be substantially affected. 4. Waste /Sewage /Water- Quality_ If the project is approved, significant amounts of solid waste will. be produced,, a- problem which the proposal does not address. The proposal calls for construction of a.. package sewage treatment facility to serve the research and development park. The 50 homesites would. be: developed- on septic tank systems. Hayes Valley is a major watershed area and is the primary water recharge area for the community of San Martin. Relative to water quality, there are several soil factors which limit the feasibility of this develoment. Soil structure and percolation rates are very important in determining the usefullness of a sewage waste water disposal. system. Interaction between the soil and the wastewater is necessary in removing organic wastes and pathogens from the water. The site proposed for the research and development park is located near a site with soils characterized by rapid percolation and soils which do not appear deep enough to meet the required standards for an effluent disposal system in relation to a groundwater recharge area. The guidelines established by the Regional Water Quality Control District would require a greater distance between the ground surface and groundwater than - is available on this proposed site. Furthermore, the west branch of the Llagas Creek flows through Hayes Valley and between the sites proposed for the research and development park, and could have serious impacts especially in wet weather. The hillside areas proposed for home development are located on soils with severe - septic limitations. There are steep slopes and soils with. slow percolation characteristics, but the primary constraint is the depth to bedrock. The County Septic Ordinance requires 13 to 16 feet of soil, and a substantial amount of these hillside soils are very shallow with less than three feet of soil depth to bedrock. Any failures of septic systems or package treatment plant constructed on soils with these - limitations would have serious consequences for the San Martin area due to the potential contamination of the pul3lic water supply. There is no alternate water source for San Martin at this time, and there will be no other water source for a long time. Another aspect to be considered is the great potential for water contamination due to chemical products generated by the activities of the research and development park. Leaking chemical storage tanks are seriously threatening water quality in Santa Clara County and the entire Bay Area. Consequently, the County will need to be cautious in considering the chemical use and storage of proposed industrial development. The Board of Supervisors has not yet passed the Hazardous Material Storage Permit Ordinance which would impose restrictions and which would exempt the County from liability should a spill occur. 5. Flora and Fauna Wildlife movement and plant life will be affected by the proposed development in the Hayes Valley. The area has been recorded as a Blue Heron nesting area. 6. Transportation The approval of this amendment would seriously impact traffic and the surrounding street systems because of the traffic generated by the 3,000 proposed employees. The: area. is now rural. and. most of the roads have: appropriately light- capacities.: Considerable improvements including traffic lights, the widening: of. roads: and. installation of turn lanes would be needed- to expand: the flow of traffic:.. There will be an increase in traffic hazards to pedestrians, bicyclists and local traffic unless the impacts on surrounding- streets from this: project are mitigated. 7. Housing e The proposed development would include 50 estate homes ranging in price from $300,000 to $500,000. While this project may satisfy the housing needs of its upper management, it creates a housing demand for the other 3,000 workers. At this time, there are 50,000 people who commute to Santa Clara County from other counties because there are already more jobs than housing. The City of Morgan Hill has a 20% per year growth restriction. The City of Gilroy has plans to develop its own industrial areas and might not be in a position to alleviate the housing impact . this project would produce. San Martin has water quality restraints which inhibit. growth here. In addition to these factors the sewage treatment facility which serves Gilroy and Morgan Hill has limited capacity and might not be able to provide service to additional housing beyond what they have already planned for their own growth. The County has no power to force these cities to provide the housing generated by this project and the housing shortage in Santa. Clara County could be exacerbated.. 8. Safety Due to the nature of the research and development aspect of the proposal, hazardous materials and or toxic substances could be used for manufacturing or cleaning. Any use or storage of the hazardous materials could result in a health hazard to the employees and residents. Due to the location of this project in a watershed area and an area of groundwater recharge, the existing wells could be contaminated by any leakage from storage areas. Since this area is located in the South County Fire District, any fires would be handled by the Fire District on the condition that adequate water is available on site. 9. Air Quality According to Bay Area Air Quality Control Update for 1982, the majority of suspended particles in the air of the South County is lead. This is most likely due to the number of automobiles commuting in and through Santa Clara County. This existing problem of air quality deterioration will be exacerbated with an additional 3,000 commuters in the South County. 10. Noise The construction of roadways, homes and the research and development center will substantially increase the ambient noise levels in this area during the general years of construction. The increased traffic noise generated by the employees during weekday commute hours would be a long -term impact. I 1.. Aesthetic. Although the development will attempt to minimize the building impact. on Hayes Valley, any development will intrude on the scenic qualities of the area. Watsonville Road is a scenic highway which will be greatly impacted by the traffic generated- by a: research and. development park.. 12. Histor icaj/ Archaeological The Hayes Valley has not been completely studied in terms of archaeology but there are four known sites in the immediate area of the property boundaries and with at least one site identified within the property boundaries. The entire valley should be studied for archaeological remains prior to any construction or soil displacement associated with the project. 13. Public Services and Utiliites If adopted, this project would induce substantial and premature growth of the -South County. The type of development planned for Hayes Valley will impact the following areas: 1. Trafficways would need improvements to serve employees and to continue serving the agricultural needs of the remaining areas of San Martin and vicinity. 2. Fire and police protection will need to be increased due to the size and scope of this project. 3. Schools could be impacted, depending upon the family size of the persons residing in the 50 hillside homes, and on the residence location of workers in the research and development park. 4. Electricity, natural gas, and fuel oil needs will be increased. Water, sewage disposal, storm water runoff and solid waste disposal needs will cause substantial impact on the South County which already has limited capacity in these areas. HHG:MO:ad ad# 17 1959/83GP/MO -jam;`) -�•i County Government Center, East Wing 70 West Hedding Street ^.runty. of Santa Clara _ — �", �°'•. California, 4 22W22521 _ -- CallfOrnia? ENVIRONMENTAL. ASSESSMENT File No.:. 1970_00_00_ -8313.P _ _ Sponsor: Santa. C l a.ra County Date: September 19, 1983 Project: Prepared by: Hugh Graham Reviewed by: RECOMMENDED ENVIRONMENTAL DETERMINATION: Amend the "Hillsides" land use designation in the General Plan to allow 2 -lot subdivision without clustering CATEGORICALLY EXEMPT. Project is within a class of projects determined not to have a significant effect on the environment. j NEGATIVE DECLARATION. The proposed project could not have a significant effect on the environment. MITIGATED NEGATIVE DECLARATION. Although the: proposed project could have; a significant effect on the environment, there will not be a significant effect in this case if the mitigation measures are added to the project. (In this case, if mitigation does not - occur through: (1) a change in plans; or (2) an enforceable commitment from the- applicant, an EIR would be required). ENVIRONMENTAL IMPACT REPORT IS REQUIRED. significant effect on the environment. FOCUSED ENVIRONMENTAL IMPACT REPORT. may occur on a few limited areas. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED The proposed project may have- a Significant environmental effects Transportation Historical /Archaeological Housing Public Services & Utilities DISCUSSION (continued) (SEE ATTACHED SHEETS) Staff Conclusion: EXH 10 1 T B An Equal Opportunity Employer Land Use /General Plan ® Safety Geologic ® Air Quality Resources /Parks ❑ Noise Waste /Sewage /Water Quality ❑ Aesthetic Flora and Fauna ❑ Energy The proposed project may have- a Significant environmental effects Transportation Historical /Archaeological Housing Public Services & Utilities DISCUSSION (continued) (SEE ATTACHED SHEETS) Staff Conclusion: EXH 10 1 T B An Equal Opportunity Employer O DISCUSSION Staff, Conclusion Based on the Initial Study, there is no significant environmental impact resulting from the General Plan Amendment, therefore a Negative Declaration is recommended. Environmental Setting This amendment would affect that area of the County designated as "Hillsides" in the General Plan. No specific sites are involved. Background and /or Project Description At the April 19, 1983, Board of Supervisors meeting, staff was requested to.consider this amendment to the General Plan. The purpose was to eliminate the clustering process where land owners want only to split off one lot. Several owners are said to want to sell parcels of less than 160 acres to meet financial obligations and find the clustering provision burdensome. The amendment would add to the Mandatory Clustering and Open Space Dedication section of the Hillside Areas land use designation on the Land Use Map after paragraph 3, the following: "For any two lot subdivision of land, the minimum lot size shall be determined by use of the slope density formula and a clustering permit shall not be required, subject to the following conditions: a. The parcel being divided was not itself created by subdivision after the date of this amendment; and b. Any subsequent division of the two lots so created shall meet the cluster permit standards." Discussion of Impacts This amendment, by itself, would not result in an increase in the number of potential divisible parcels in the land designated "Hillsides" by the General Plan. The amendment would remove the requirement of a duster permit in the case of a two lot division which would create a lot of less than 160 acres. Removal of the requirement for clustering, for the number of lots likely to result, would probably result in little increase in the environmental impacts associated with future access or, site: grading. Should; development be proposed, the subdivision- applicant would still need to satisfy the County that the- proposed, homesite and access would not have: a,. significant adverse impact on the environment. Other- than the impact on- land use. policy, no other environmental factors are, potentially° affected by this amendment: Any subdivision proposed under- this amended policy would be subject to evaluation for site specific environmental impacts. HHG:ad ad# 17 1970- 83GP /HHG i ,97�''12v RESOLUTION N0. 2107 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA OPPOSING A PROPOSED AMENDMENT TO THE TEXT OF THE GENERAL PLAN OF THE COUNTY OF SANTA CLARA RELATING TO HILLSIDE AREAS (COUN'T'Y FILE NO. 1959- 00- 00 -83GP) WHEREAS, the Board of Supervisors of the County of Santa Clara will be considering an amendment to the text of the Hillside designation of the General Plan of the County of Santa Clara; and WHEREAS, this proposed amendment to the General Plan would affect the environmentally sensitive hillside lands in the Sphere of Influence of the City of Saratoga; and WHEREAS, this proposed amendment would allow industrial uses not presently allowed to locate in hillside areas, in particular, Research and Development industrial uses; and WHEREAS, the City of Saratoga is concerned that the proposed General Plan amendment will have a significant adverse effect on the environment in 0 that: 1. It will conflict with the City's General Plan designation of "Hill- side open space" which applies to most of the Sphere of Influence -- area and is defined as follows: _ "Hillside Open Space - This subcategory was taken from the County General Plan and covers all areas within Saratoga's Sphere of Irn- fluence that are not designated as parks. This subcategory allows uses which "support and enhance a rural character ", promote wise use of natural resources and avoid natural hazards. Uses in- clude: agriculture, mineral extraction, parks and low density recreational facililities, land in its natural state, wildlife refuges and very low intensity residential development. Other support uses related to the uses already listed may also be permitted. Density of development allows from between 1 DU /20 acres to 1 DU /160 acres based on a slope density formula subject to stringent criteria. These criteria will became part of the Sphere of Influence portion of the General Plan." 2. Industrial uses would be located in an area having a potential for major geological hazards which could cause spills or dumping I* of hazardous materials associated with such uses leading to ground Page 2 j 94 water contamination and the destruction of flora and fauna. 3. Industrial uses will generate significant amounts of traffic which would greatly strain the narrow and difficult to maintain roads of the hillside area. 4. The public services and utilities in the hillside area are limited in capacity and would not be adequate to serve industrial uses. the improvement of public services and utilities to serve such uses could create a significant growth inducing impact. 5. The massive buildings associated with industrial development will have an adverse aesthetic impact on the hillsides. This impact is inconsistent with the goals and policies of the General Plan of the City of Saratoga: CO.1.0 Control the density of development in hill areas, including the Sphere of Influence, to protect the unique quality of the City's mountainous backdrop and to protect the aesthetic qualities of the City. 00.2.0 Conserve natural vegetative and significant topographic features which exist in Saratoga and its Sphere of Influence. NCW, THEREFORE, the City Council of the City of Saratoga HEREBY RESOLVES as follows: That it opposes the proposed amendment to the "Hillside" designation of the General Plan of Santa Clara County for the reasons listed earlier in this solution and recommends that the Board of Supervisors reject this pro- posed General Plan Amendment. The above and foregoing resolution was passed and adopted at a regular meeting of the City Council of the City of Saratoga held on the 16th day • h , y� Ail" 0, J of November, 1983, by the following vote:. AYES: Councilmembers Clevenger, Fanelli, Mallory, and Mayor Myles NOES: None ABSENT:Counci] member Callon ATTEST: CITY CLERK Page 3