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HomeMy WebLinkAbout06-05-1996 CITY COUNCIL AGENDASARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. �� S AGENDA ITEM MEETING DATE: JUNE 5, 1996 CITY MGR.: ORIGINATING DEPT.: PUBLIC WORKS DEPT. HEAD: , SUBJECT: Landscaping & Lighting Assessment District LLA -1: Protest Hearings, Final Approval of Engineer's Report, and Confirmation of Assessments At the close of the Public Hearing, assuming majority protests are not received: 1. Move to adopt the Resolution Detaching Territory from the Existing Assessment District LLA -1. 2. Move to adopt the Resolution Ordering the Improvements and Confirming the Diagram and Assessments for the Existing Assessment District LLA -1 for FY 96 -97. At your meeting, you will conduct a public hearing (the Protest Hearing) to receive and consider protests to the detachment and reauthorization proposals in connection with the Landscaping & Lighting Assessment District LLA -1 for FY 1996 -97. Although there are two separate proposals to be considered, you will be conducting only one Protest Hearing. At the close of the hearing however, any protests which are filed will be tallied separately for each proposal to determine whether a majority protest exists for either of the proposed actions. A majority protest is deemed to exist if protests are received from property owners who own property in excess of 50% of the total area of property proposed for either detachment, or assessment. If a majority protest is not deemed to exist in either case, then you may act on the resolutions before you which, if adopted, will overrule any protests which are filed, grant final approval of the Engineer's Report, and confirm the assessment diagrams and assessments for the upcoming fiscal year. If a majority protest is deemed to exist for either of the proposed actions, then you may not act on the resolution for that particular proposal and the proceedings for that proposal will be halted. As a result of the bids received on Wednesday of this week for monthly landscape maintenance services, it is evident that the final recommended assessments for most, if not all, of the landscaping zones will be reduced from the preliminarily approved assessments. However, the final calculations will not be complete until early next week so I will be unable to report the results to you until your meeting. What I Can report at this time is that the competitive bidding process has worked to reduce the monthly landscape maintenance costs virtually across the board, including those services for which the City contracts directly. Also, as of May 31, the City has received no protests to next year's preliminary assessments. MEMMMI-Iii ! - All of the direct, indirect and general government costs attributed to the administration and operation of the Landscaping and Lighting Assessment District are recovered from the annual assessments. Revenues and expenditures are programmed in the proposed budget in Activity 39. The following summarizes the proposed financing of the District for FY 96 -97 using the preliminarily approved assessments: Projected LLA -1 fund balance on 7 -1 -96 Proposed FY 96 -97 Revenues Estimated property tax revenues Proposed LLA -1 assessments Total Revenues Proposed FY 96 -97 Expenditures Projected LLA -1 fund balance on 6 -30 -97 Projected carryovers to FY 97 -98 Surplus carryovers Deficit carryovers $ 149,265 $ 55,505 S 88,355 - $ 143,860 Net carryover - $ 180,857 $ 112,268 $ 124,886 S 12,618 $ 112,268 The required legal notices have been published in the Saratoga News. This would depend on which Resolutions are not adopted. The final Assessment Roll must be submitted to the County Auditor by August 10 for the assessments to be included on the FY 96 -97 property tax roll. The final Assessment Roll will be delivered to the County Auditor. 1. Resolution re: Detachment of territory. 2. Resolution re: Ordering improvements and confirming diagram and assessments. 3. Preliminary assessment schedule for FY 96 -97. 4. Chart showing history of assessments. 5. Description of proposed activities in each Zone for FY 96 -97. CITY OF SARATOGA LLA -1 PRELIMINARY ASSESSMENT SCHEDULE FY 96 -97 ZONE 1 ZONE 2 ZONE 3 ZONE 4 ZONE 5 ZONE 6 ZONE 7A ZONE 7B # OF PARCELS 29 85 176 784 113 64 470 292 FACTOR 0.0080 0.0233 0.0483 0.2153 0.0310 0.0176 0.1290 0.0802 EXPENDITURES 3010 WAGES $164.90 $483.33 $1,000.78 $2,031.25 $292.77 $165.82 $1,217.72 $756.54 Public Works Dir. 32.11 94.10 194.85 867.95 125.10 70.85 520.33 323.27 Parks Maint. Sup't. 89.77 263.11 544.78 Admin. Sec'y. 16.51 48.38 100.18 446.25 64.32 36.43 267.52 166.20 Sr. Clerk- Typist 26.52 77.74 160.97 717.05 103.35 58.53 429.87 267.07 Park Maint. Leadworker Park Maint. Worker II 3030 BENEFITS $55.19 $161.75 $334.92 $609.85 $87.90 $49.78 $365.60 $227.14 Public Works Dir. 10.22 29.97 62.05 276.40 39.84 22.56 165.70 102.95 Parks Maint. Supt. 32.63 95.63 198.01 Admin. Sec'y. 4.46 13.07 27.06 120.55 17.38 9.84 72.27 44.90 Sr. Clerk- Typist 7.88 23.08 47.79 212.90 30.69 17.38 127.63 79.29 Park Maint. Leadworker Park Maint. Worker II 4510 CONTRACT SERVICES 4515 LEGAL SERVICES $3.98 $11.67 $24.16 $107.63 $15.51 $8.79 $64.52 $40.09 4520 ENGINEERING SERVICES $46.18 $135.37 $280.29 $1,873.64 $179.96 $101.92 $748.49 $465.02 Engineer's Report 46.18 135.37 280.29 1,248.54 179.96 101.92 748.49 465.02 New Parcel Charge 625.10 4530 REPAIR SERVICES $200.00 $366.30 4535 MAINTENANCE SERVICES $2,310.00 $3,498.00 $2,442.00 5312 POSTAGE 5320 ADVERTISING $9.56 $28.01 $57.99 $258.32 $37.23 $21.09 $154.86 $96.21 5351 WATER $290.00 $120.00 $375.00 5352 POWER $0.00 $0.00 $0.00 $10,200.00 $2,100.00 $2,400.00 $5,820.00 $0.00 Controllers Streetlights 10,200.00 2,100.00 2,400.00 5,820.00 8082 EQUIPMENT CHARGE $31.43 $92.13 $190.77 $0.00 $0.00 $0.00 $0.00 $0.00 Vehicles 31.43 92.13 190.77 Tools & Equipment SUB -TOTAL $2,911.24 $4,730.25 $5,072.20 $15,080.70 $2,713.37 $2,747.40 $8,371.19 $1,584.99 5700 GEN. GOVT. SUPPORT $436.69 $709.54 $760.83 $2,262.11 $407.01 $412.11 $1,255.68 $237.75 ------------------------------------------------------------------------ TOTAL EXPENDITURES $3,347.93 $5,439.79 $5,833.03 $17,342.81 $3,120.38 $3,159.51 $9,626.87 $1,822.74 ( -) ESTIMATED PROPERTY TAXES $1,395.00 $270.00 $1,950.00 $18,200.00 $6,220.00 $9,626.87 $6,373.13 ( -) CARRYOVER FROM FY 95 -96 $975.00 $1,785.00 ($1,825.00) $67,590.00 $18,365.00 $3,175.00 $30,407.99 (_) TOTAL TO ASSESS $977.93 $3,384.79 $5,708.03 ($68,447.19) ($21,464.62) ($15.49) ($0.00) ($34,958.38) ( +) CARRYOVER NOT ASSESSED ($1,368.75) (+) CARRYOVER TO FY 97 -98 $68,447.19 $21,464.62 $15.49 $34,958.38 (_) NET TO ASSESS $977.93 $3,384.79 $4,339.28 ($0.00) ($0.00) ($0.00) ($0.00) $0.00 PRELIMINARY ASSESSMENT $33.72 $39.82 $24.66 ($0.00) ($0.00) ($0.00) ($0.00) $0.00 C: \WK \LLA9697 CITY OF SARATOGA ' LLA -1 PRELIMINARY ASSESSMENT SCHEDULE FY 96 -97 ZONE 9 ZONE 10 ZONE 11 ZONE 12 ZONE 14 ZONE 15 ZONE 16 ZONE 17 # OF PARCELS 48 9 250 9 20 41 55 200 FACTOR 0.0132 0.0025 0.0686 0.0025 0.0055 0.0113 0.0151 0.0549 EXPENDITURES 3010 WAGES $272.94 $51.18 $1,421.56 $51.18 $113.72 $233.14 $312.74 $1,137.25 Public Works Dir. 53.14 9.96 276.77 9.96 22.14 45.39 60.89 221.42 Parks Maint. Sup't. 148.58 27.86 773.84 27.86 61.91 126.91 170.24 619.07 Admin. Sec'y. 27.32 5.12 142.30 5.12 11.38 23.34 31.31 113.84 Sr. Clerk- Typist 43.90 8.23 228.65 8.23 18.29 37.50 50.30 182.92 Park Maint. Leadworker Park Maint, Worker II 3030 BENEFITS $91.34 $17.13 $475.73 $17.13 $38.06 $78.02 $104.66 $380.59 Public Works Dir. 16.92 3.17 88.14 3.17 7.05 14.45 19.39 70.51 Parks Maint. Sup't. 54.00 10.13 281.27 10.13 22.50 46.13 61.88 225.01 Admin. Sec'y. 7.38 1.38 38.44 1.38 3.08 6.30 8.46 30.75 Sr. Clerk- Typist 13.03 2.44 67.89 2.44 5.43 11.13 14.94 54.31 Park Maint. Leadworker Park Maint. Worker II 4510 CONTRACT SERVICES 4515 LEGAL SERVICES $6.59 $1.24 $34.32 $1.24 $2.75 $5.63 $7.55 $27.46 4520 ENGINEERING SERVICES $76.44 $14.33 $398.13 $14.33 $31.85 $65.29 $87.59 $318.51 Engineer's Report 76.44 14.33 398.13 14.33 31.85 65.29 87.59 318.51 New Parcel Charge 4530 REPAIR SERVICES $643.50 $198.00 $371.25 $435.60 $217.80 4535 MAINTENANCE SERVICES $4,290.00 $1,113.82 $1,320.00 $1,584.00 $2,475.00 $2,904.00 $1,452.00 $3,300.00 5312 POSTAGE 5320 ADVERTISING $15.82 $2.97 $82.37 $2.97 $6.59 $13.51 $18.12 $65.90 5351 WATER $1,525.00 $700.00 $690.00 $275.00 $450.00 $575.00 $1,000.00 5352 POWER $194.40 $43.80 $0.00 $0.00 $97.20 $0.00 $325.00 $97.20 Controllers 194.40 43.80 97.20 325.00 97.20 Streetlights 8082 EQUIPMENT CHARGE $52.03 $9.76 $270.97 $9.76 $21.68 $44.44 $59.61 $216.78 Vehicles 52.03 9.76 270.97 9.76 21.68 44.44 59.61 216.78 Tools & Equipment SUB -TOTAL $7,168.05 $1,954.21 $4,891.10 $1,955.59 $3,608.10 $4,354.63 $2,585.08 $6,543.68 5700 GEN. GOVT. SUPPORT $1,075.21 $293.13 $733.66 $293.34 $541.21 $653.19 $387.76 $981.55 TOTAL EXPENDITURES ---------------------------------------------------------------------- $8,243.26 $2,247.34 $5,624.76 $2,248.93 $4,149.31 $5,007.82 $2,972.84 $7,525.23 ( -) ESTIMATED PROPERTY TAXES ( -) CARRYOVER FROM FY 95 -96 ($3,575.00) ($5,555.00) $3,280.00 ($1,300.00) $1,040.00 ($3,770.00) $1,300.00 ($34,575.00) (_) TOTAL TO ASSESS $11,818.26 $7,802.34 $2,344.76 $3,548.93 $3,109.31 $8,777.82 $1,672.84 $42,100.23 ( +) CARRYOVER NOT ASSESSED ($2.681.25) ($4,765.00) ($975.00) ($2,827.50) ( +) CARRYOVER TO FY 97 -98 (_) NET TO ASSESS $9,137.01 $3,037.34 $2,344.76 $2,573.93 $3,109.31 $5,950.32 $1,672.84 $42,100.23 PRELIMINARY ASSESSMENT $190.35 $337.48 $9.38 $285.99 $155.47 $145.13 $30.42 $210.50 C: \WK\LLA9697 CITY OF SARATOGA ' LLA -1 PRELIMINARY ASSESSMENT SCHEDULE FY 96 -97 ZONE 18 ZONE 22 ZONE 24 TOTAL # OF PARCELS 11 862 124 3642 FACTOR 0.0030 0.2367 0.0340 1.0000 EXPENDITURES 3010 WAGES $62.55 $4,901.54 $13,264.09 $27,935.00 Public Works Dir. 12.18 954.31 137.28 $4,032.00 Parks Maint. Sup't. 34.05 2,668.20 383.82 $5,940.00 Admin. Sec'y. 6.26 490.64 70.58 $2,073.00 Sr. Clerk- Typist 10.06 788.39 113.41 $3,331.00 Park Maint. Leadworker 6,669.00 $6,669.00 Park Maint. Worker II 5,890.00 $5,890.00 3030 BENEFITS $20.93 $1,640.33 $5,560.96 $10,317.00 Public Works Dir. 3.88 303.90 43.72 $1,284.00 Parks Maint. Sup't. 12.38 969.81 139.51 $2,159.00 Admin. Sec'y. 1.69 132.54 19.07 $560.00 Sr. Clerk- Typist 2.99 234.08 33.67 $989.00 Park Maint. Leadworker 2,943.00 $2,943.00 Park Maint. Worker II 2,382.00 $2,382.00 4510 CONTRACT SERVICES $0.00 4515 LEGAL SERVICES $1.51 $118.34 $17.02 $500.00 4520 ENGINEERING SERVICES $17.52 $1,372.76 $230.72 $6,458.35 Engineer's Report 17.52 1,372.76 197.47 $5,800.00 New Parcel Charge 33.25 $658.35 4530 REPAIR SERVICES $1,623.60 $7,500.00 $11,556,05 4535 MAINTENANCE SERVICES $1,361.18 $10,824.00 $9,800.00 $48,674.00 5312 POSTAGE 5320 ADVERTISING $3.62 $284.02 $40.86 $1,200.00 5351 WATER $250.00 $775.00 $1,925.00 $8,950.00 5352 POWER $53.40 $180.00 $14,497.20 $36,008.20 Controllers 53.40 180.00 97.20 $1,088.20 Streetlights 14,400.00 $34,920.00 8082 EQUIPMENT CHARGE $11.92 $934.32 $3,722.40 $5,668.00 Vehicles 11.92 934.32 3,254.40 $5,200.00 Tools & Equipment 468.00 $468.00 SUB -TOTAL $1,782.64 $22,653.92 $56,558.27 $157,266.60 5700 GEN. GOVT. SUPPORT $267.40 $3,398.09 $8,483.74 $23,589.99 TOTAL EXPENDITURES $2,050.04 $26,052.00 $65,042.01 $180,856.59 ( -) ESTIMATED PROPERTY TAXES $11,470.00 $55,505.00 ( -) CARRYOVER FROM FY 95 -96 $910.00 $17,465.00 $53,572.01 $149,265.00 (_) TOTAL TO ASSESS $1,140.04 $8,587.00 ($0.00) ($23,913.41) ( +) CARRYOVER NOT ASSESSED ($12,617.50) ( +) CARRYOVER TO FY 97 -98 $124,885.68 ( =)NET TO ASSESS $1,140.04 $8,587.00 ($0.00) $88,354.77 PRELIMINARY ASSESSMENT $103.64 $9.96 N/A C AW MLA9697 SARATOGA LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT LLA -1 ANN U A L ASS E S S MEN T S ZONE DATE 80 -81 81 -82 82 -83 83 -84 84 -85 85 -86 86 -87 87 -88 88 -89 89 -90 90 -91 91 -92 92 -93 93 -94 94 -95 95 -96 96 -97 CREATED 0 (7C) 4/16/80 $10201 - $92.50 - -- $92.58 $56.80 ----------------------------------------------------------------------------------------------- $21.02 $34.56 $35.38 $21.60 $21.66 $21.66 $14.64 $73.56 $49.72 $72.64 (1) 1 4/16/80 $34.26 $10.54 $0.00 $10.90 $6.80 $203.76 $207.82 $113.70 $113.54 $105.94 $95.12 $101.54 S62.20 $90.32 $77.68 $33.88 $33.72 2 4/16/80 $11.30 $5.62 $6.16 56.62 $7.86 $8.86 $35.14 $27.40 $29.66 $32.00 $34.62 $36.50 $5.98 $18.15 $118.68 $40.04 $39.82 3 4116/80 $4.76 $4.46 $0.00 $0.00 $4.20 $11.60 $8.70 $20.50 $23.06 $46.82 $13.14 $15.36 $25.80 $45.21 $25.26 $32.52 $24.66 4 4/16/80 $20.95 $18.54 $0.00 $2.06 $2.30 $5.86 $6.70 $2.26 $1.86 $1.86 $1.60 $2.10 $23.84 $0.00 $0.00 $0.00 $0.00 5 4/16/80 $23.52 $21.28 $2.12 $0.84 $1.24 $5.00 $6.56 $5.14 $4.98 $4.98 $6.24 $6.40 $0.00 $0.00 $0.00 $0.00 $0.00 6 4/16180 $42.03 $36.68 $0.00 $15.68 $11.32 $14.78 $16.94 $10.54 $10.60 $10.60 $8.62 58.58 $0.00 $0.00 $25.40 $52.50 $0.00 7 (7R) 4/16/80 $10.41 $8.90 $6.66 55.78 $2.54 $2.50 $3.32 $3.14 $2.64 $2.64 $3.78 $4.26 $6.88 $0.00 $10.88 50.00 $0.00 8 (VPD #1) 4/16/80 $ 269.07 $48.26 $0.00 $0.00 $0.00 $0.00 $213.80 5341.32 $330.36 $117.20 $0.00 $133.38 $0.00 $0.00 (1) 9 5/4/83 565.00 $84.86 $83.52 $90.82 587.40 $113.74 $157.20 $136.74 $144.82 $138.82 $161.30 $169.92 $201.02 $19035 10 4/18/84 $1,416.00 $0.00 $167.34 $186.26 $234.70 $435.80 $ 348.74 $385.38 $371.12 $328.17 $442.58 $337.98 $337.48 11 4/18/84 $14.32 $5.66 58.38 $7.70 58.04 $8.76 $9.58 $10.72 $11.32 $15.48 $19.02 $13.86 $9.38 12 4/17/85 $17200 $153.02 $154.16 $168.04 $188.04 $209.84 $22260 $24242 $203.01 $380.00 $307.22 $285.99 13 4/17/85 $18.00 $5.24 $3.04 $3.60 $3.60 $3.70 $3.16 $0.00 $0.00 $3.46 $11.24 (3) 14 4/17/85 $14210 $121.30 $107.04 $114.48 $15248 $137.56 .$148.72 $19274 $110.10 $264.58 $193.40 $155.47 15 4/17/85 $22200 $170.76 $87.44 $83.76 $126.18 $102.60 $100.72 $98.90 $227.39 $20204 $146.92 $145.13 16 4/16/86 $2,37444 $3.04 $3.22 $3.22 $59.88 $40.56 545.16 $42.58 $54.40 $40.80 $30.42 17 4/15/87 $10.00 $7.70 $7.70 $8.72 $8.66 $0.00 $5.06 $25.20 5213.18 $210.50 18 4/15/87 $50.00 $6.08 $135.18 $154.56 $164.94 588.10 $0.00 $0.00 $104.50 $103.64 19 (VPD #2) 4119/89 $1,851.00 $1,520.30 $5,243.00 $6,969.76 $13,620.00 (1) 20 (VPD #3) 4/19/89 $6,41200 $6,414.00 $14,09200 $18,770.62 $21,252.35 (1) 21 (VPD #4) 4/19/89 $0.00 $977.78 $2,933.00 $5,406.00 $14,385.56 (1) 22 4/17/91 $36.00 $0.00 $13.21 $22.58 $21.68 $9.96 23 5/1/91 $110.00 (2) 24 8/3/94 $0.00 $0.00 $0.00 (1) - Zones 0, 8, 19, 20 & 21 merged to create Zone 24. (2) - Zone dissolved on 5/20/92. (3) - Zone to be dissolved in FY 96 -97. C: \WKILLA- SUM.WK1 Supplement to Exhibit A City of Saratoga Landscaping and Lighting Assessment District LLA -1 Benefits Provided Within Each Zone Zone 1 - (Manor Drive Landscape District) - Provides for landscape maintenance of the Manor Drive medians and Saratoga - Sunnyvale Road frontage along Tract 3822. Zone 2 - (Fredericksburg Landscape District) - Provides for landscape maintenance along the Cox Avenue frontage of Tracts 3777, 4041, and 4042. Zone 3 - (Greenbriar Landscape District) - Provides for landscape maintenance of the Seagull Way entrance to Tract 4628, 4725 and 4726, and of the common areas along Goleta Avenue and Guava Court. Zone 4 - (Quito Lighting District) - Provides for streetlighting in the E1 Quito Park residential neighborhoods; Tracts 669, 708, 748, 6785, 7833, and 8700. Zone 5 - ( Azule Lighting District) - Provides for streetlighting in the Azule Crossing residential neighborhoods: Tracts 184, 485, 787, 1111 and 1800. Zone 6 - . ( Sarahills Lighting District) - Provides for streetlighting in the Sarahills residential neighborhood; Tracts 3392 and 3439. Zone 7 - (Village Residential Lighting District) - Provides for streetlighting in four. separate residential neighborhoods surrounding Saratoga Village. Includes all or a portion of Cunningham Acres, La Paloma Terrace, Mary Springer ,#1 and ,#2, Mccartysville, Saratoga Park, Williams and Tracts 270, 336, 416, 2399, 2502, 4477, 5350, 5377, 5503, 5676, 6419 and 6731. Zone 9 - (McCartysville Landscape District) - Provides for landscape maintenance along the Saratoga - Sunnyvale Road frontage of Tract 5944. Zone 10 - (Tricia Woods Landscape District) - Provides for landscape maintenance along the Saratoga - Sunnyvale Road frontage of Tracts 6199, 7495 and 7928. Shared with Zones 14 and 18. Zone 11 - (Arroyo de Saratoga Landscape District) - Provides for landscape maintenance of the Via Monte entrances to all or a portion of Tracts 2694, 2835, 2844, 3036 and 4344. 1 Supplement to Exhibit A Landscaping and Lighting Assessment District LLA -1 Benefits Provided Within Each Zone Page 2 Zone 12 ( Leutar Court Landscape District) - Provides for landscape maintenance of the Leutar Court frontage in Tract 6996. Zone 13 - (Cabernet Landscape District) - Created to provide for periodic landscape maintenance and improvements along the Obrad Drive entrance and the San Palo Court border areas adjacent to Tract 7655. To be detached in PY 96 -97. Zone 14 - (Cunningham Place Landscape District) - See Zone 10. Zone 15 - (Bonnet Way Landscape District) - Provides for monthly landscape maintenance along Bonnet Way; Tract 5462. Zone 16 - ( Beauchamps Landscape District) - Provides for landscaping and lighting of the Prospect Road entrance to the Beauchamps subdivision; Tract 7763. Zone 17 - (Sunland Park Landscape District) - Provides for landscape maintenance along the Quito Road frontage of Tracts 976 and 977. Zone 18 - (Glasgow Court Landscape District) - See Zone 10. Zone 22 - (Prides Crossing-Landscape District) - Provides for periodic landscape maintenance along Prospect Road between the Route 85 overcrossing and Titus Avenue and along Cox Avenue between the Route.'85 overcrossing and Saratoga Creek. Includes all properties bordered by Route 85, Prospect Road and Saratoga Creek with the exception of the Brookview neighborhood (Tracts 1493, 1644, 1695, 1727., 1938 and 1996). Zone 24 - (Village Commercial Landscape and Lighting District) - Provides for routine maintenance of Village Parking Districts 1 -4, Big Basin Way landscaping and street lighting. SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. AGENDA ITEM MEETING DATE: June 5, 1996 CITY MGR. )m ORIGINATING DEPT. City Clerk SUBJECT: Resolution Ordering Abatement of a Public Nuisance by Removal of Hazardous Weeds and Brush Recommended Motion: Adopt resolution ordering abatement. Report Summary: The attached resolution represents the second step in the weed and brush abatement process for this season. The County has sent the owners of the parcels requiring weed and brush abatement notices informing them that the weeds and brush 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. Fiscal Impacts: None to City. County recovers costs from administrative portion of fee charged. Attachments: Resolution. (List of parcels requiring weed and brush abatement is available at City Clerk's office.) c 5/23/96 1996 BRUSH ABATEMENT PARCELS Page 1 0 FOR THE CITY OF SARATOGA Sims AM OWNER ADDRESS CITY STATE SIP 21169 MARIA LN 366 -21 -003 KHAN SITARA A AND IMDAD H 21169 MARIA IN SARATOGA CA 95070.6532 15041 PARK DR 510-01 -005 LSIDORO MERNA L AND FRANK. W 15041 PARK DR SARATOGA CA 95070 -6421 19288 BAINTER AV 510 -24 -006 HWANG GEORGE F AND HELEN T 19288 BAINTER AV LOS GATOS CA 95030 -2902 x w v U rn ti M 00 m ti N I t t SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. 0 I�� AGENDA ITEM �8�" MEETING DATE: June 5, 1996 CITY MGR. ORIGINATING DEPT. City Manager's Office Jennifer Britton, Assistant to the City Manager SUBJECT: Renewal of the Agency Agreement for a Countywide AB939 (Integrated Solid Waste Management Act) Implementation Fee Recommended Motion(s): Authorize the Mayor to execute the renewal of the Agency Agreement for the Countywide AB 939 Implementation Fee on behalf of the City. Report Summary: The Integrated Solid Waste Management Act of 1989 (AB 939) grants authority to a city, county or city and county to impose fees in amounts sufficient to pay the costs of preparing, adapting and implementing an Integrated Waste Management Plan. On June 2, 1992, the County Board of Supervisors approved collection of the $1.00 per ton fee to be assessed on all wastes landfilled in the county. The purpose of this fee is to assist jurisdictions in funding programs associated with implementation of their Source Reduction, Recycling (SRRE), and Household Hazardous Waste Elements (HHWE) of the Countywide Integrated Waste Management Plan. The fee was raised to $1.15 effective July 1, 1994. Agency agreements between the County Board of Supervisors and each participating city were executed for a two year term which expires on June 30, 1996. Landfill tonnages have decreased since the $1.15 per ton fee was adopted in June 1994. The Solid Waste Commission of Santa Clara County recommends reauthorization of the AB 939 Implementation Fee for a third two -year term at a level of $1.30 per ton to maintain the revenue stream ensuring adequate funding for ongoing AB 939 - related programs. A copy of a report to County Executive Wittenberg detailing the actions requested by the is enclosed as Attachment I. The proceeds of the fee collected for the Countywide Program will continue to be used for the preparation, adoption and implementation of the Integrated Waste Management Plan collectively referred to as AB 939 planning and implementation. In order to insure uninterrupted collection of the fee, all 15 cities must approve the Agreement by June 30, 1996. The County Board of Supervisors approved a resolution approving the continued collection of the Countywide AB 939 Implementation Fee on May 21, 1996. To expedite the approval process, the Agreement is being sent to cities for endorsement. A copy of the agreement if. attached as item II. K Fiscal Impacts• There are not negative impacts on the City's General Fund. The fees will be collected and administered by the County Solid Waste Management Program. Each jurisdiction will be reimbursed according to the formula contained in the Agency Agreement (Attachment II, "Exhibit B"). The revenue distribution formula for landfills used by north county cities including the City of Saratoga (as a north county city) has remained the same as it was in 1994. Saratoga's share of the fee for FY 1995 was $19,949.93 (see attachment III). As noted earlier in this report, revenues from the fee will be used to fund AB 939 implementation and planning. Advertising, Noticing and Public Contact: Posting of the agenda and a copy was sent to Margaret Rands, Integrated Waste Management Program Manager at the County of Santa Clara. Consequences of Not Acting on the Recommended Motions: The City of Saratoga would have to develop an alternative revenue source to fund AB 939 implementation, the requirements of which the City must legally comply. If Saratoga doesn't particpate, the City of San Jose might activate a unilateral fee on wastes disposed at landfills located in San Jose. Follow Up Actions: City Manager will forward two copies of the attached Agency Agreement to the Mayor for signature and then forward to the County for signature by the Chair of the County Board of Supervisors. The Clerk of the Board will return a fully- executed copy of the agreement to the City Clerk. Attachments: I. Memo to County Executive Wittenburg Re: Resolution Approving Continued Collection of the Countywide AB 939 Implementation Fee II. "First Amendment to Agreement " - Agency Agreement for City Council approval III. Spreadsheet of Saratoga's AB939 Quarterly Claims County of Santa Clara Ern•ironmental Resources Agency Integrated Write NIM109(•11 )rnt I'rogr:mi f-t()r;) 44 1 -1 198 11()IlUtio n 11rc\'entio1) Progran (408) -x-1.1 -1 1W-) 1 735 North Firsl Sirect. Suite 275 San Jose. California 951 1 F.•\\ (408) 441 -03(35 May 6,1996 TO FROM Prepared Submitted Richard Wittenberg, County Executive l Leode G. Franklin, Director Environmental Resources Agency r Paula F. S oner b Mar aret. ands SUBJECT: RESOLUTION APPROVING CONTINUED COLLECTION OF THE . COUNTYWIDE AB 939 IMPLEMENTATION FEE RECOMMENDED ACTION 1. Adopt the attached resolution approving: • continued collection of a per -ton fee for a period of two years on solid waste disposed of at landfills located within the county, which is apportioned among all participating jurisdictions; • raising the level of the fee from $1.15 to $1.30 per ton. 2. Authorize the Chair to execute an Amendment to the Agency Agreement for the Countywide AB 939 Implementation Fee with each participating city. (See sample copy included as Attachment A). iiOorct orsulx•rviscirs::mic ku•I M I l()II(h. I fl; I[ wi t. 0)iiZ:t!i•6..Ir.::. T. Lw:)Il Jr.. Ini:uux \1('K(-IUCI Ccnutt� I:xc c.uti�'�': Itic'hrnt'cl Countywide AB 939 Fee May 6,1996 Page 2 FISCAL IMPLICATIONS The recommended action will have no negative impact on the General Fund. The fee will continue to be administered by the County IWM Program, which is funded by the Countywide Solid Waste Planning Fee. Interest accrued to the General Fund will cover the indirect costs to the County related to the collection and disbursement effort. Staff estimates that approximately 1.31 million tons of waste will be landfilled in FY97. The proposed fee would generate about S1,703,000 annually. Revenues to the County for unincorporated area AB 939 implementation are estimated at $75,000 per year. The balance, approximately $1,628,000, will be distributed to Santa Clara County cities and towns. The revenue to the unincorporated area was included in the FY97 Recommended Budget. Under State law, all proceeds of the fee must be used for preparing, adopting and implementing the integrated waste management plan. CONTRACT HISTORY Not applicable. BACKGROUND /REASONS FOR RECOMMENDATIONS The County Integrated Waste Management Program collects two landfill tonnage fees, the Countywide Solid Waste Planning Fee and the Countywide AB 939 Implementation Fee. Both fees are recommended for increase for FY97. These fees have complementary, but not duplicative, purposes. The Countywide Solid Waste Planning Fee, discussed in a separate transmittal, is expended only on countywide planning and cooperative activities. The Countywide AB 939 Implementation Fee, the subject of this transmittal, is collected on behalf of the jurisdictions of Santa Clara County and distributed to them for the purpose of funding jurisdiction- specific programs required for meeting AB 939 requirements. The Countywide AB 939 Implementation Fee has been collected by the County since 1992. The Fee is assessed on all wastes landfilled in the County. In 1994, the Board of Supervisors approved collection of the fee for a second two -year term, which ends June 30, 1996. In order to keep the Fee in effect during FY97 and FY98, it must be reauthorized. Agency Agreements between the Board and each participating city were executed, and will expire on June 30, 1996 unless amended. The Solid Waste Commission of Santa Clara County (SWC) recommends reauthorization of the Fee for a third two -year term at a level of $1.30 per ton, to maintain the revenue stream in order to ensure adequate funding for ongoing AB939- related programs. Countywide AB 939 Fee, May 6,1996 Page 3 The Amendment makes three changes to the existing Agreement: raising the fee amount to $1.30, as recommended by the Solid Waste Commission (SWC); a revised distribution formula for jurisdictions using the Pacheco Pass landfill; and a two -year term extension through FY98. Countywide Issues and Implications In the event that the countywide fee is not approved for FY97, the City of San Jose would be likely to reactivate its own AB 939 fee, which was levied on wastes disposed at landfills located in the City of San Jose. Revenues from such a fee would benefit only San Jose residents. Prior to implementation of the Countywide AB 939 Fee, San Jose levied a $0.25 per ton fee. When the Countywide Fee was implemented, the San Jose City Council accepted city staff's recommendation that the fee not sunset, but be set at $0 per ton. In the event a countywide fee is not reauthorized, San Jose can reset the fee at any level and begin collecting it. Other jurisdictions stroftgly object to paying an AB 939 fee which does not benefit their residents. Elimination of the San Jose fee provided part of the impetus for development of a countywide fee. Unincorporated Area Issues and Implications Unincorporated area solid waste administration became the responsibility of the Integrated Waste Management Program in August 1990. Responsibility includes rate setting, franchise management, and AB 939 planning and implementation. This portion of the Program is funded by (a) a surcharge on unincorporated area residential collection rates and (b) the County's portion of the Countywide AB 939 Fee. New Fee Level Landfill tonnages have decreased since the $1.15 per ton fee was adopted. In order to keep revenues at FY95 levels, a fee increase is required. Staff estimates that a fee of $1.30 per ton in FY97 would be sufficient to keep revenue at the FY95 level. Actual revenue receipts may differ, depending upon the size of the FY97 waste stream, and the amount of waste documented by each participating jurisdiction. New Revenue Distribution Formula for South County Jurisdictions The proposed Amendment to the Fee Agreement includes a new revenue distribution' formula for users of the Pacheco Pass Landfill (the Cities of Gilroy Morgan Hill and the adjacent unincorporated areas), which is based on quarterly tonnage reports filed with Santa Clara County by South Valley Disposal and Recycling. Previously, distribution was based upon a 1991 Waste Characterization Study performed by Cal Recovery, Inc. The distribution formula for landfills located in the North County Area has not changed. Countywide AB 939 Fee May 6,1996 Paae 4 Approval by the Cities Because the County will collect the fee on behalf of other jurisdictions, each jurisdiction contracts with the County for the collection and distribution of the fee. All fifteen cities must approve the First Amendment to the Agency Agreement for a Countywide AB 939 Implementation Fee by July 1, 1996. In the event that one or more jurisdictions fails to approve, the fee will not be collected. The first landfill billing under the amended Agreement will take place in October 1996, for the first quarter of FY97 (July through September). The first payments to jurisdictions will be made in late December, 1996. CONSEQUENCES OF NEGATIVE ACTION 1. Jurisdictions would have to develop an alternative revenue source to fund AB 939 implementation. 2. Ratepayers from all jurisdictions whose waste is disposed at landfills located in the City of San Jose could underwrite AB 939 implementation in that city, because the San Jose fee could be reactivated. 3. Costs of AB 939 implementation in the unincorporated areas of the county would be borne. solely by garbage collection and disposal ratepayers receiving. services through County franchise agreements. 4. If alternative funding is not obtained, some jurisdictions may not be able to comply with AB 939 requirements. STEPS FOLLOWING APPROVAL 1. The Clerk of the Board will forward approved copies of this transmittal and resolution to the Environmental Resources Agency/ Integrated Waste Management Program, and County Counsel. 2. Contracts approved by cities will be presented for signature by the Board Chair. 3. The reauthorized fee will take effect July 1, 1996, provided that all fifteen cities approve the Agency Agreement for a Countywide AB 939 Fee. RESOLUTION APPROVING THE COLLECTION OF A COUNTYWIDE AB 939 IMPLEMENTATION FEE WHEREAS, pursuant to Public Resources Code Section 41901, a city, county, or city and county may impose fees in amounts sufficient to pay the costs of preparing, adopting, and implementing an integrated waste management plan; and WHEREAS, the Solid Waste Commission of Santa Clara County has determined that a Countywide AB 939 Implementation Fee (Fee) of $1.30 per ton of wastes disposed of at landfills located within the county should be collected to assist in funding the costs of preparing, adopting and implementing the integrated waste management plan in the fifteen cities and the unincorporated areas of the county; and WHEREAS, the County intends to enter into the agreement before the Board of Supervisors on this date with all cities in the county; WHEREAS, the Solid Waste Commission of Santa Clara County has further determined that the County should collect said Fee from each landfill in the county on behalf of all fifteen cities and the unincorporated area within the county (participating•jurisdictions), and distribute the Fee to said participating jurisdictions according to formula; WHEREAS, pursuant to Public Resources Code section 41901, each participating jurisdiction must approve the collection of the Fee; and WHEREAS, in accordance with the California Environmental Quality Act (CEQA), the Fee is a categorical exemption under Section 15308 and is a statutory exemption under Section 15273 of CEQA; NOW THEREFORE BE IT RESOLVED AS FOLLOWS: 1. The County of Santa Clara approves the collection of a fee of $1.30 per ton on all wastes landfilled at permitted disposal sites .located within the county on behalf of participating jurisdictions. 1 2. The Chairperson is authorized to execute the Agency Agreement for a Countywide AB 939 Implementation Fee (Agreement) with each participating jurisdiction. 3. The County shall bill the disposal site operators for the Fee and payment shall be due to the County within 45 days of billing. If Fees are not paid within 45 days of the billing, additional charges shall be added as follows: (a) a late processing fee of $150; (b) a delinquent penalty of 1% per month shall be added if balance is not paid within 60 days. 4. Upon collection, the Fee and accrued delinquent penalties, if any, shall be distributed among participating jurisdictions according to the terms of the Agreement. 5. This Fee will become effective July 1, 1996, provided that all fifteen. cities . approve the Agency Agreement for a Countywide AB 939 Implementation Fee by July 1, 1996. 6. In accordance with CEQA, the Board of Supervisors finds that the adjustment of the Fee is necessary for meeting operating expenses and purchasing materials and services. The adjustment of the Fee is a categorical exemption under Section 15308 and a statutory exemption under 15273 of the State CEQA guidelines. 0) I PASSED AND ADOPTED by the Board of Supervisors of the County of Santa Clara, State of California on by the following vote: AYES: Supervisors NOES: Supervisors ABSENT: Supervisors Chairperson Board of Supervisors ATTEST: Phyllis Perez, Clerk Board of Supervisors APPROVED AS TO FORM AND LEGALITY: 1 C:V rAJA Kathy Kretchmer Deputy County Counsel 3 Date Date S�--7 �q � Date SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. 2' °`­ MEETING DATE: ORIGINATING DEPT. June 5, 1996 City Clerk SUBJECT: REVIEW OF CONFLICT OF INTEREST CODES Recommended Motion: Direct staff to review Conflict of Interest Codes. Report summary: AGENDA ITEM CITY MGR. Government Code Section 87306.5 requires that the City Council direct the City staff to review Conflict of Interest Codes by July 1 of even - numbered years. Staff then has until October 1 to present a report on any changes recommended. Fiscal Impacts: None. Follow Up Actions: Staff will present a report recommending changes in the Codes for the September 18 City Council meeting. Consequences of Not Acting on the Recommended Motions: The City Council would be in technical non - compliance with Government Code Section 87306.5. Attachments: None. SARA-T7OGA CITY COUNCIL EXECUTIVE SUMMARY NO. MEETING DATE: June'5, 1996 CITY MGR. ORIGINATING DEPT: Recreation Department AGENDA ITEM q APPROVAL SUBJECT: Saratoga Rotary Club $3,700 Donation to the Recreation Department of for New Tables and Chairs. Recommended Motion: Accept the $3,700 donation from the Rotary Club to the City. Report Summary: In March of this year, the Director of Recreation applied for a Rotary Club grant to help offset the cost of new Community Center tables and chairs. The application was approved and the check was presented to staff at the Rotary Club's May 17th meeting. Fiscal Impacts: $3,700 toward the purchase of Community Center tables and chairs. Follow Up Action: After July 1, 1996, combine the donation with other funds and purchase the new equipment for the Community Center. SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. �- AGENDA MEETING DATE: June 5, 1996 CITY MGR. ORIGINATING DEPT. FINANCE ITEM SB 07 SUBJECT: AUTHORIZATION TO CONTRACT FOR UTILITY BILLING AUDIT SERVICES Recommended Motion(s): Approve the selection of Tri -Stem, Incorporated to provide utility billing audit services and authorize the City Manager to execute the agreement. Report Summary: Saratoga currently spends roughly $250,000 a year for utilities. As a basic service city, with limited resources, this cost must be actively controlled. This is particularly important in light of the fact that the utility providers have a dismal billing error rate record (stated to be as high as 600 on telephone bills!) and the assertion by experts in the cost recovery field of a 70o success rate in identifying and obtaining refunds and /or cost reductions for their clients. Although it is difficult to predict what, if any, error rate Saratoga may have experienced, staff, nonetheless, believes it prudent to review our utility bills further in order to determine if errors had occurred and recoveries can be made from the utility companies. To that end, and after consultation with the League of California Cities and a review of our solicitors files, staff identified and reviewed proposals from three consultants that provide comprehensive utility (gas, electric, water and telephone) audit services designed to detect and correct billing errors. Those firms were Tri -Stem, Audit Recovery Services /Utility Cost Control Systems and Preferred Energy Services, Inc. These firms are uniquely qualified to perform this work because they employ a number of specialized and complex audit techniques, including computerized modeling, equipment testing and physical observations, to find errors. The consultants are paid through a contingency fee arrangement only in the event that billing errors are found and the City recovers from the utility provider. Accordingly, not a single penny is expended until the City receives a refund or is otherwise compensated. Following personal interviews and a review of proposals, staff recommends Tri -Stem because of their favorable contingency fee arrangement and responsiveness to staff's inquiries. Tri -Stem will receive 49% of any recovery and will not share in future savings. The other firms wanted a 50/50 split and a piece of future savings for a period of at least two years. As part of Council's implementing action, Council should authorize the City Manager to execute an agreement with Tri -Stem. Copies of proposals are available for review in the Finance Director's office. Fiscal Impacts: Unknown favorable impact. If significant cost recoveries are obtained, the General Fund revenue budget may have to be increased. Follow Up Actions: Execute agreement with Tri -Stem. Consequences of Not Acting on the Recommended Motions: The City would not retain the services of a utility billing consultant which will promote cost control. Attachment c: \execsumm \exsm0530.96 FROM THE PRESIDENT Over the past 13 years, I've been surprised at how widespread )vercharging by utility companies really is. A consumer can purchase a gallon of ;asoline or a pound of hamburger and have confidence that the pumps or scales ised to measure their purchases have been examined and tested by a state egulatory agency. Utility companies can guarantee no such assurances. Often ,overnment agencies that have the power to set utility rates fail to follow -up by esting rate - application. The only organizations that might test the quality of itility measurements are the utility companies themselves. I must emphasize that it is not a practice of the utility industry to overbill its customers, rather, the rate of error can be attributed to the lack of :ompetition within the industry. While a supermarket selling a half -pound of lamburger for the price of one pound would be driven out of business by ompetitors who gave their customers what they paid for, utility companies, on :he other hand, can continue to blindly overcharge their customers and stay in business. TriStem is dedicated to recovering overpayments from the utility companies and correcting discrepancies and errors in utilities billing. The results have been staggering. In one case, TriStem was able to recover more than $1 million for a Texas university in overcharges and, after correct billing procedures were initiated in 1985, saved the university $50,000 per month in expenses. Our client list includes several hotel chains, numerous Fortune 500 companies, county and municipal governments, over 200 hospitals nationwide, over 20 universities, 50 school districts, five major insurance companies and several major property management companies. Utility operating expenses come directly from your bottom line, and TriStem hopes that we can help your organization correct its utility bills and recover refunds from overpayments. Unlike many utility auditing franchise operations, TriStem has the experience and the staff to recover refunds and credits. We've learned a lot about utility companies in the last 13 years, and we hope that we can put that knowledge to work for you. Our bottom line is that TriStem will make sure you're getting what you pay for. Joe Seeber President and Founder TriStem, Inc. 44 OUR-.:CLIENTS. «:Nlihly profissiorwl I'm very impressed by what TriStem is= doing,, especially the fact that f no refuiul is due, there's no fee for TriStem s seruices. 7n.our case, we received'thousands,of dollars thanks to TriStem. Marino. Bual, Accounting Manager, City of Portland, .Oregon TriStem was very responsive to our expectations ai . a client.' They handled all of the analysis, correspondence and negotiations and landed us an electric utility refund of $268,000. ii - : Mike Ashctaft, City Auditor, City of Scottsdale, Arizona Aetna Realty Investors Dallas County, Texas Alpha Investments 7 DuPont Pharmaceuticals, Inc Atlanta Memorial Hospital Evans Press BdtwayDevelo'16ent. -Excell;Incorporated Branala limited Exxon Company USA Brnms.River Authority Fidelity Bankers Life Insurance Co. C.OM.B-& Company First City National. Bank - Caribe General - Electric Foley's " Hilton Caribe :' Gulfco Caterpillar Incorporated -HCA Valley Regional Medical Ctr.. Centre Development Honeywell" City o' Big Spti ng, Texas Hyatt Regency Corporation City of:Bossier Gty, Louisi= ' Ideal Company. City, of Huntsville, Texas'.. ' Intafirst Bank ' City of Midland, Texas' ' Lamar University City of Oklahoma City, OK ' Mirmer Management City of Plano, Texas •'- Marriott Hotels City of Pori Aithur; Texas 'MBank City of Portland, Oregon Mobil Oil Corporation' City of Scottsdale, Aritom North Texas Muuicipal'Water City of Shreveport; Louisiana District . City of Tulsa, Oklahoma Peer Services Incorporated' , City of Tyler, Texas' • . PlWlip's 66 Company. Colorado- Fayetie,Medical Ctr. Pittsburgh.Medical Cenier', 'Comrnand-.Aire'Corporation': Pizza inn Crown Plan .. Property ManagementSysteros = Dallas Lighthouse for the Blind Recognition Equipment Sam Houston State University San Antonio ISD., ' . . Sanger Harris.: . Santa Rosa Medical Center Schering- plough Skyline Properties Southwestern Typograpkucs Inc: St Mary's Hospital :Supreme Beef Processors ` dA mow V' 1' TRiSTEM, INC. The city of Tulsa, Oklahoma stood to save $358,603 after a TriStem audit found overcharges by the local electric company based on an incorrect rate schedule and AT &T charges for equipment that was no longer in use. ■ Sam Houston State University is saving $115,000 per year after TriStem discovered that the university had been overcharged by the electric company since 1983. ■ The city of Scottsdale, Arizona recovered $268,000 in electric overcharges after TriStem found an error rate of 21 % in billings by the local power company. ■ While utility companies do not purposely overcharge, misclassify or incorrectly meter their clientele, these under - regulated and uncompetitive organizations do make mistakes; mistakes that can propagate into thousands, hundreds of thousands, even millions of dollars in utility bills overpaid by consumers. And while most companies have auditors that verify invoices for materials and supplies, they do not have auditors that can effectively review and recalculate utility bills. The fact is that most organizations are unaware of just how much they could be overpaying each month. ■ Why do conscientious, well- managed companies insist on an itemized invoice for $100 in office supplies but are willing to accept one -line electric bills for tens, even hundreds of thousands of dollars? The answer: utility bills are difficult to read and difficult to understand. An electric bill can be based on 15 or more different calculations, some of which depend on information from prior bills and differing electric rates. Further, information necessary to perform an intelligent audit will not appear on the Electric Utility Billing Errors Error Frequency Dollars Recovered Wrong Rate 30 $303,500 Metering 228 320,500 Miscalculation 6 32,900 Double Billing 3 14,000 Total: 267 $670,900 The most frequent errors were metering errors. These .errors are a combination of mechanical meter malfunctions and /or meter reading errors. Many times it is impossible to determine if the failure is mechanical or human in nature. Worst still is the fact that meter reading errors are not self - correcting. A meter that is misread can continue to show errors in future readings until corrected. In either case, the result for the consumer is simply an incorrect utility bill. ■ Although metering errors are the most frequent, the most expensive errors result from use of incorrect rates. Utility vendors seemingly have the most difficulty with specialized rates and multiple rate groups, Why do conscientious, well- appropriate not only to municipal managed companies insist on an organizations, but also to hospitals, industry, universities and hotels. ■ In itemized invoice for $100 in office supplies but are willing to accept one -line electric bills for tens, even hundreds of thousands of dollars? ) ) — Joe Seeber, President and Founder bill. ■ Today companies can pay up to four or five separate phone bills - local and long distance service, WATS lines, 800 numbers, bills for telephone equipment and extended phone services; and telecommunications experts estimate that 40 -60% of all telephone bills contain billing errors. Water and sewage services are often incorrectly billed due to defective water meters, incorrect rate classification and gross errors in the estimation of future charges. But yet, companies continue to pay one -line invoices not knowing whether they're being billed at the correct rates and for actual services or not. TriStem conducted a three -year survey of municipal electric accounts and found the results not only distressing, but indicative of the utility industry. years, TriStem, Inc addition, we also have discovered that the frequency and magnitude of incorrect billings are not discriminate with respect to the size of a community which a utility company services. Billing errors occur in large metropolitan areas as well as small municipalities. We found that one -half of the cities examined were due refunds, averaging $13.00 per accounting month or $33,520 per city. ■ Over the last 13 has recovered millions of dollars for its clients in 45 U.S. states, Puerto Rico and Canada through utility auditing and analysis. We've helped national corporations, hospitals, municipalities, universities, insurance companies, developers, state agencies, manufacturers and others recover past losses and gain future savings. TriStem not only has the experience and knowledge to analyze and uncover utility billing errors, but also the ability to work with other vendors and deliver clients' refunds, credits and savings from telephone, electric, and virtually any provider of products and/or services. SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. � I AGENDA IrV 4a !�"2 ct o MEETING DATE: 615/96 CITY MGR. m ORIGINATING DEPT. City Manager's Office SUBJECT: RESOLUTION AUTHORIZING THE CITY TO APPLY FOR AB 434 FUNDS (Sher -1991) Recommended Motion(s): 1. Pass a resolution authorizing the City to apply for AB 434 funds from the Bay Area Air Quality Management District (BAAQMD) so that the City, ALTRANS and Saratoga schools may implement a Rideshare and Trip Reduction Program for K -12 schools. SUMMARY: A resolution is needed in order to authorize the City to apply for AB 434 funds from the Bay Area Air Quality Management District (BAAQMD). If AB 434 funds are obtained, the City along with ALTRANS, A Transportation Management Authority, would implement a Trip Reduction Pilot Program for K -12 schools within Saratoga. This pilot program would serve as a model for transportation control measures to reduce vehicle trips and vehicle miles traveled to and from primary and secondary schools. The extent of its social benefit would reach beyond the boundaries of the Saratoga Community by serving as an example to surrounding communities of what could be achieved in this unexplored field. In 1994 the City Council discussed on several occasions, the issue of additional funding for crossing guards. On all of these occasions, the council upheld their earlier decision that funding for crossing guards would depend upon schools and district participation in a carpooling program. In October of 1994 the current Council reaffirmed the previous Council's position regarding the establishment of a carpooling program and crossing guards. This position supports the idea that there would be no future funding for crossing guards unless the school districts participated in a car pooling plan. The school districts and two private schools were all to be involved in this program. In order to start the development of this car pooling plan for local schools, City staff initially met with ALTRANS, A Transportation Management Association, in order to establish some transportation control measures to reduce vehicles trips and vehicle miles traveled to and from primary and secondary schools within Saratoga. Staff decided to work with ALTRANS because it currently serves the community colleges and universities of Santa Clara County. Through transportation planning services and community outreach, ALTRANS advocates alternatives to the single occupant vehicle for educational institutions, employers and residents of Santa Clara Valley. Since colleges were their area of expertise, staff felt that their experience with students would be appropriate for the proposed project. ALTRANS developed the Saratoga K -12 Trip Reduction Pilot Program (TRP) for the pupils /parents and employees of K -12 schools and their surrounding neighborhoods located in the cities of Saratoga and Cupertino. The program implements automobile trip reduction measures by encouraging participation and involvement in the alternative transportation modes such as carpool, transit, bicycle commuting, walking and educates parents and students about safety and environmental degradation. In addition to developing the K -12 TRP and exploring possible funding sources, the City along with ALTRANS and local school representatives formed a Transportation Management Association (TMA). The TMA met on a monthly basis prior to this past fiscal year discussing the various aspects associated with a program such as this. Yet, last fiscal year, the TMA decided that the project could not proceed any further without fiscal support and that it would be better to break for at least the summer months, if not for longer, so that ALTRANS could concentrate on securing funds for the K -12 program. Securing funds has taken longer than expected because locating appropriate funding sources has proven to be difficult. In February 1996, the City of Saratoga sponsored the K -12 TRP pilot project through the 1996 -97 cycle of the Transportation Funds For Clean Air (TFCA) 40% (funds for Santa Clara County only), also known as AB 434 Funds and the grant application was submitted to Santa Clara Valley Transportation Agency /Congestion Management Program (SCVTA /CMP). In April, after going through the scoring process by different committees at the SCVTA /CMP, our K -12 TRP was initially funded but later, it was placed behind the SCVTA's San Jose Arena Shuttle Project by four - tenths of a point, just below the funding line. Apparently this change was due to a mathematical error in the scoring calculations. After learning about the scoring decision, City staff and ALTRANS staff attended SCVTA /CMP Technical Advisory Committee on April 11 to share concerns. Also, on April 18, a letter from the City Manager was presented to the Transportation Planning Committee, 2 requesting an explanation regarding the outcome and suggesting possible solutions in order to fund the project. Finally, the solution that was agreed upon would be that the city would submit a grant application as part of the 1996 -96 TFCA 60% cycle (funds for the entire Bay Area). Representatives from SCVTA have stated that if the K -12 project is not successful in securing funds from this regional source, SCVTA would use funding from reverted funds under the 40% source of TFCA or fund the project through other means. Fiscal Impacts• None Advertising Noticing and Public Contact: A copy of the resolution will be attached to the application submitted to the Bay Area Air Quality Management District for AB 4343 funds. Consequences of Not Acting on the Recommended Motions: The City will not be eligible for the AB 434 funds available through the Bay Area Air Quality Management District. Follow Up Actions: If funding is received, city staff will execute an agreement with the Bay Area Air Quality Management District. Attachments: 1. Copy of the proposed resolution 2. Copy of the proposal submitted to the Santa Clara Valley Transportation Agency /Congestion Management Program (SCVTA /CMP) for funding cycle (40 %). (The proposal being submitted to BAAQMD is not yet completed). 3 o� �O 13777 FRUITVALE AVENUE • SARATOGA, CALIFORNIA 95070 • (408) 867 -3438 COUNCIL MEMBERS: Ann Marie Burner Paui E. Jacobs February 28, 1996 Gillian Moran Karen Fucker Donald L. Wolfe Walter C. Streeter, Senior Planner Transportation Agency Congestion Management Program 3331 North First Street San Jose, CA 95134 -1906 Dear Mr. Streeter: The City of Saratoga is pleased to sponsor the ALTRANS Organization in its application for Transportation Funds for Clean Air (400). The City of Saratoga fully supports the implementation of a K -12 Trip Reduction Program (TRP) in our community. At the request of the City Council, staff members initially met with ALTRANS in the hopes of developing some transportation control measures to reduce vehicle trips and vehicle miles traveled to and from primary and secondary schools. Most of the schools do not have school buses, so a large number of students are dependent upon private automobiles to meet their transportation needs. Therefore, traffic congestion at streets and roadways near the schools are common during peak commute hours. The City chose to work with ALTRANS because they specialize in providing trip reduction programs and alternative transportation information services to primarily students. The proposed K -12 program is an important focus because if we are able to educate individuals from an early age there will be a greater willingness on their part to accept and use alternative transportation when they reach the legal driving age. A unique aspect of the proposed K -12 program is that it would not simply educate students as to the need and importance of using alternative transportation but also, through ALTRANS, the program would provide these students and their parents with options, information and the necessary tools to make the transition happen. We feel that this pilot program could become a model to other cities within Santa Clara County on how to make great improvements at the K -12 level in the area of trip and smog reduction. We believe that the activities and methods outlined in the proposal will effectively mitigate vehicle trips to our schools and better manage our transportation demands. With your assistance, we can achieve the activities outlined in the accompanied proposal. At time when the requirements for trip reduction programs have been scaled back and have become more voluntary than mandatory, it is important to support agencies like ALTRANS whose focus is to promote trip reduction and better air quality. Sincerely, e-. ) Ozil Harry . Peacock City Manager, City of Saratoga Application for Funds - 1996 -97 Transportation Fund for Clean Air (TFCA) Program Manager Funds (40 %) Section 1 - Identification: Agency: Address: Contact: Phone: FAX: Project Name: City of Saratoga 13777 Fruitvale Avenue, Saratoga, CA 95070 Irene Jacobs, Administrative Analyst (408) 867 -3438 ext. 215 (408) 741 -1132 Saratoga K -12 Trip Reduction Pilot Program Section 2 - Funding Request: Sponsors can request funding for up to 3 years. Local matching funds are not required, but credit will be given for local matching funds in the scoring process. 1996 -97 1997 -98 1998 -99 TFCA I Local TFCA I Local TFCA I Local $150,000 $46,000 $150,000 $ 32,000 $ $ 6!w Section 3 - Project Narrative: On an separate sheet, please address the following questions as completely as possible: 1. Please provide a general overview /description of the project. 2. Where will the project be located/implemented? 3. How and to what extent will the project improve air quality? 4. How and to what extent will the project reduce traffic congestion? 5. How and to what extent will the project reduce Vehicle Miles Traveled? Single Occupant Vehicle (SOV) trips? 6. Does the project address more than one eligible project category? How? 7. Who will benefit from the project and how widespread do you expect the benefits to be? How many county residents will benefit from the project? What specific communities /groups will benefit (i.e. business, employers, bicyclists, pedestrians, the elderly, commuters, etc.)? 8. How cost - effective is the project? Page I of 2 2/14/96 9. Has your agency implemented a project similar to the proposed project in the past? If so, briefly describe your experience (did the project meet expectations, did it stay within budget, etc.). 10. How and to what extent does the project encourage a shift away from Single Occupant Vehicles to shared -ride or non - motorized modes of transportation (including telecommuting)? 11. Will this project provide other benefits that are not covered by the questions above (for example, reduces road water runoff)? If so, please describe those benefits in detail. Section 4 Multi -Agen ytPublic- Private Partnerships ❑ This project is being sponsored and implemented by a single agency. ❑ This project involves cooperation between public agencies. Please list below each agency involved in the project and describe in detail the level of involvement (financial, in -kind) of each agency. ® This project involves cooperation between public agencies and private entities. Please list below each agency /entity involved in the project and describe in detail the level of involvement (financial, in -kind) of each agency /entity. See Proposal - Section 5 - Certification I am authorized by my agency to apply for these funds on its behalf. I understand that, if the project is funded, my agency will enter into an agreement with the program manager (SCCTA) to implement the project within budget, on schedule, and to provide the necessary record- k_=AiQg for audit purposes. Signed: e, Title, Date Harry itf. Peacock, City Manager March 1, 1996 Page 2 of 2 2114/96 Saratoga/Cupertino K -12 Trip Reduction Pilot Program Proposal March 1, 1996 Prepared by: Eyedin Zonobi, Project Manager ALTRANS Organization (408) 741 -2682 Fax (408) 867 -2522 Section 3 - Project Narrative Table Of Contents Question1 ............................................................................ ..............................1 A. Introduction ...................................................... ..............................1 Al. ALTRANS Mission Statement and Background ...................1 B. Problem Statement .............................................. ..............................2 C. Needs Assessment ............................................... ..............................3 D. Program Objective ............................................. ..............................4 E. Methods .............................................................. ..............................5 F. Evaluation ........................................................... ..............................7 G. Future Funding ................................................... ..............................8 H. Budget ................................................................ ..............................9 H1Budget Summary .................................... .............................10 H2Budget Detail ......................................... .............................11 Question2,3,4,5 .................................................................. .............................12 Question6,7 ........................................................................ .............................13 Question8,9,10,11 .............................................................. .............................14 APPENDIX1 .................................................. ............................... Figures APPENDIX 2 ... ............................... Memorandum of Understanding (MOU) APPENDIX3 ................................................. ............................... Site Maps APPENDIX 4 ........................................ ............................... Support Letters ii K -12 TRP Pilot Proposal Section 3 - Project Narrative: 1. Please provide a general overview /description of the project. A. Introduction Eyedin Zonobi, ALTRANS 3/1/96 According to Dr. John R. Holmes, California Air Resources Board, "...In California the number of students enrolled in primary and secondary schools exceed five million, and more than two million students are enrolled in universities and community colleges. Student enrollments are expected to grow by more than 30% by the year 2000.... The potential for reducing student related vehicle emissions with land use strategies or TCMs at community college, elementary or secondary school sites is largely untested. As a result, the connections among student travel patterns, TCMs, land use patterns, and air emissions are neither well understood nor reliably quantified." TCM refers to Transportation Control Measure. On any given weekday, about 350,000 students arrive to the Santa Clara County K -12 schools, colleges and universities. Although these commuters represent a substantial number of single occupant vehicle trips and single purpose trips, the schools have historically been overlooked and under - represented compared to the large employers in the Santa Clara County. Al. ALTRANS Mission Statement and Background ALTRANS (Alternative Transportation Services) is a Transportation Management Association (TMA), currently serving the community colleges and universities of Santa Clara county. Through transportation planning services and community outreach, ALTRANS advocates alternatives to the single occupant vehicle for educational institutions, employers, seniors and residents of the Santa Clara Valley. ALTRANS Trip Reduction Program directly impacts the community and the environment by: 1. Mitigating traffic congestion 2. Conserving natural resources and energy 3. Minimizing the risk of vehicle collisions 4. Improving air quality To date, ALTRANS has been able to: • successfully reduce 2,000 single occupant vehicles from our streets and roadways, • develop and promote the Transit Access Program (TAP) at San Jose State University (SJSU), K -12 TRP Pilot Proposal Eyedin Zonobi, ALTRANS 3/1/96 • establish Alternative Transportation Information centers at six community college campuses and SJSU, • create a successful internship program where the students of Environmental Studies and Urban & Regional Planning Departments at SJSU can receive academic credit for assisting with ALTRANS' projects and trip reduction programs, • acquire 16 bicycle lockers for San Jose City College, • develop an expansion plan to the community, which has been awarded a grant from the Petroleum Violations Escrow Account. Currently, ALTRANS employs ten staff members and four interns. As part of our expansion plan, ALTRANS will provide the same services to all colleges and K -12 schools in the South Bay. By Fall of 1996, we plan to integrate the colleges and K -12 trip reduction services. This will allow us to understand and quantify the effectiveness of our programs on student travel patterns. B. Problem Statement The City of Saratoga is approximately 12 square miles and has about 28,000 residents. The City also has 17,600 students (Spring 1996 enrollment) of which, 6,705 attend nine K -12 schools belonging to five school districts and two private schools, and 10,895 are enrolled at West Valley Community College. The city is experiencing heavy traffic congestion due to the student related trips at these schools and their near -by roads. Most of the K -12 schools do not have school buses; therefore, a large number of students are dependent on private automobiles to meet their transportation needs. Every weekday long lines of cars are formed by the parent drivers delivering their kids to school in the morning and collecting them in the afternoon, mostly one student at a time. These auto trips fill the already congested streets to capacity and delay the flow of traffic considerably, contributing to more congestion, increasing risk of collisions, regional air and noise pollution and other negative environmental effects. In addition, three schools in Cupertino, which are located two blocks from each other (Kennedy Jr. High School and Lincoln Elementary of the Cupertino Union and Monta Vista High School of Fremont Union ), with the total attendance of 3,511 students are experiencing similar problems. The City of Saratoga, its schools and Cupertino Union School District are seeking alternative transportation measures for the K -12 students in order to reduce the student related trips, and have requested ALTRANS Organization to implement a trip reduction program. K42 TRP Pilot Proposal C. Needs Assessment Eyedin Zonobi, ALTRANS 3/1/96 According to the traffic count at major roads and intersections completed in Sep. 1994 by the City of Saratoga, there is a significant increase in traffic volume near all schools just before and after school hours. The morning traffic at Saratoga High School with the student population of 997 located on the South side of Herriman Avenue is a good indicator of this fact. From 7:30 to 7:45 AM, 278 vehicles from the intersection of Herriman & Saratoga - Sunnyvale Road on the West side, and 253 vehicles from the intersection of Herriman & Saratoga Ave. on the East side (total of 531 cars) entered Herriman Ave. bound for the Saratoga High School. See Figures -1 & 2, Appendix 1. Hence the above figures yield that well over half of the students are driving or being driven to Saratoga High School. In addition, the result of a preliminary traffic survey conducted in Nov. 1994 by ALTRANS show that 479 cars arrived at Redwood Middle School, and 371 arrived at Argonaut K -5 School between 7:15 - 8:30 AM to drop off students. As shown in Table -1, 67.7% and 69.4% students of the total student population at Argonaut and Redwood are driven to and from school every weekday. The table also shows that major source of traffic at these schools are due to the vehicles dropping off one student per vehicle. Well over half of the student population is driven to school one at a time at both of these schools. T -Ll- 1. - ..n..1— — Il--f —A DaA ... nnA Based on this survey, we extrapolated the number of students dropped off at other schools which is shown in Table -2. Prospect High School has school busing available for 40% of the students, which we have taken into account. Also Marshall Lane has school buses available for students and we have not included their student population in the calculations. Total cars 1994 % School one student 2+ students arriving at Enrollment students per car per car school dropped Off Argonaut 1 293 78 371 548 67.7% Redwood 1 356 123 479 690 69.4% Based on this survey, we extrapolated the number of students dropped off at other schools which is shown in Table -2. Prospect High School has school busing available for 40% of the students, which we have taken into account. Also Marshall Lane has school buses available for students and we have not included their student population in the calculations. K -12 TRP Pilot Proposal Table -2: Estimated Number of Cars Arriving at Other Schools Assuming 65 %n of students are given rides to and from schools: School Name 1994 Enrollment Total cars arriving at schools Prospect 865 562 Blue Hills 501 326 Christa McAuliffe 392 255 Kennedy Jr. High 897 583 Lincoln 678 441 Monta Vista High 1,775 1,154 Saratoga High 997 648 Argonaut 548 356 Foothill 387 252 Redwood 690 449 Saratoga 329 214 Sacred Heart 280 182 St. Andrews 434 1 282 Total 8,77 1 5,703 Eyedin Zonobi, ALTRANS 3/1/96 Hence, we have an estimated total of 5,703 cars making daily trips to those schools. By reducing the number of cars by 10% each year per school, we will have reduced student related trips by approximately 570 cars from these cities in one year. Eliminating auto -trips by 20% in two years will result in the reduction of approximately 1,141 cars in just two cities. This number reflects our estimate; however, at some schools, according to the school officials, up to 90% of the student population is dropped off and picked up by parents. Therefore, the actual number may be higher. The problem of traffic congestion caused by student related trips is not unique to Saratoga and Cupertino; other cities are also experiencing such problems. Traffic congestion not only causes unsafe conditions for students who drive, walk or ride bike to school, but air, water, and noise pollution as well. The solution developed for Saratoga and Cupertino will provide a foundation for solving the same problem in other cities. Congestion can be reduced and bay area air quality can be improved if other bay area cities were also to implement alternative transportation measures for their schools. A Program Objective Reduce the current student related trips to at least seven Saratoga K -12 schools and three Cupertino schools by approximately 20% (about 2,000 auto trips) in two years. 4 K -12 TRP Pilot Proposal Eyedin Zonobi, ALTRANS 3/1/96 E. Methods Various organizations such as Atmospheric Options at SJSU/Environmental Resources Center, RIDES For Bay Area Commuters, Community Focus, National Traffic Safety Institute, AMC Media Corporation, The Practical Bike, American Lung Association, Santa Clara County Transportation Agency and Bay Area Air Quality Management District have expressed their interest in supporting this project. We may employ their services to meet our objectives. This project will be staffed with three paid positions: one K -12 TRP Manager, one Administrator and one TRP Coordinator; the staff members will be assisted by trained volunteer interns, school officials and older students. With the cooperation of the cities of Saratoga, Cupertino and Their K -12 schools the ALTRANS staff and supporting organizations will implement the following methods where -ever applicable in order to achieve our objectives: El. Establish and maintain a Transportation Management Association (TMA). This phase of the program has already been developed by ALTRANS and since the program's inception, we have had five successful meetings. The K -12 TMA consists of representatives from school districts and their respective schools, City of Saratoga, City of Cupertino, youth organizations and ALTRANS. The TMA will continue to meet on a quarterly basis in order to evaluate the activities and accomplishments of the TRP and provide feedback on all stages of TRP strategies, develop special projects and explore funding sources. The representatives will assist in the alternative transportation presentations, resources and information exchange at the PTA meetings and classrooms. Through the PTA meetings, we will distribute Alternative Commute Information to parents. The information will pertain to carpool, transit and bicycle, wa.lking/roller- blading programs. Formation of the TMA will incorporate schools and the cities; it will organize and execute educational programs to reduce automobile traffic to schools. It will develop a Memorandum Of Understanding (MOU) of membership and participation among the representatives. See MOU, Appendix 2. E2. Develop ALTRANS Information Centers. The ALTRANS Information centers as part of the existing reception areas or counters located at each school will provide a point of contact where parents and students can receive personalized assistance with alternative modes of transportation. The information centers will be staffed by ALTRANS employees and volunteer interns, trained school officials and older students. They will contain registration and participation procedures, carpool and bicycling information, transit schedules /maps, safety and regulations literature and alternative transportation promotional material. 5 K -12 TRP Pilot Proposal Eyedin Zonobi, ALTRANS 3/1/96 E3. Develop a Carpool Program. ALTRANS will develop a carpool program in which, a designated parent or a student driver, on a rotational basis, will collect kids living in the same neighborhood and transport them to the local school and back to their homes.. One or more of the following methods will be used to implement the program: Saratoga and Cupertino will be divided into several zones according to the geographical locations of the schools. Students in each zone will be matched to share ride with a parent or student driver. Carpool match lists will be generated from the trailing 4 digits in Saratoga and Cupertino zip codes. Carpool match lists will be generated by RIDES For Bay Area Commuters. ALTRANS and/or RIDES for Bay Area Commuters will maintain and manage a carpool information system. E4. Develop a Bicycle Buddy Program. ALTRANS will develop neighborhood biking groups. We will encourage students to commute by bicycle in groups and educate them about the bike routes. Bicycle regulations, and safety concerns from sources such as: "From A to Z by Bike ", by AMC Media Corporation, "Bicycle Driver's Handbook ", by National Traffic Safety Institute, "Street Skills For Cyclists ", by The Practical Bike, and "Bicycle Safety Videos ", by Jeanne Lepage, UCSC will be presented and distributed in classroom presentations and PTA meetings. Also ALTRANS will work with school officials to expand bicycle storage facilities at school sites. E5. Develop Walking and Roller - blading Groups. In recent years, roller - blading have gained great popularity among kids. ALTRANS will identify preferred pedestrian routes to schools, form roller - blading groups and encourage students to use this activity as a short distant commute mode in conformance with the school regulations. Also ALTRANS will develop neighborhood walking groups with a parent or an older student guide on a rotational basis. Walking to school or home in groups can be fun and a socializing event. Walking is a good exercise for both grown -ups and children. We will educate students about pedestrian rights and safety. E6. Encourage Transit Ridership. ALTRANS will identify bus lines to each school for students and parents, promote transit ridership, distribute transit schedules and maps, and educate parents and students about the transit system. We will also compile a list of transit needs, explore service enhancements and make necessary recommendations to the Transportation Agency. 6 K -12 TRP Pilot Proposal Eyedin Zonobi, ALTRANS 3/1/96 E7. Develop and implement special projects. This phase of our methods may require separate funding. ALTRANS and the K -12 TMA will continue to develop special projects such as clean fuel shuttle bus services, bicycle storage facilities, internal carpool programs, etc. ALTRANS has already explored the possibility of implementing two multi- school clean fuel bus services from Saratoga and Cupertino neighborhoods to schools. These shuttle services will serve several schools simultaneously. They will be routed in a way that, students will be collected from convenient regional corner locations and transported to schools located at close proximity of each other. The buses may be contracted to operate few hours in the mornings and afternoons. E8. Develop an overall campaign. A Campaign, similar to the successful recycling campaign, will be directed towards students and parents, addressing the increasing problems of traffic congestion, collision and adverse impact of automobile source emissions on the air quality and the environment. Exposing the students to the environmental issues at an early age will encourage them to be more environmentally conscious and prepare them to make environmentally sound decisions in the future. The campaign will also include the use of a wide array of flyers, posters and banners at school sites. E9. Develop incentive programs to facilitate participation in TRP. ALTRANS will implement the following incentive programs: Environmental Award Certificates, and Gift Give -Away. The Environmental Award Certificates will be given to families and students for participating in the TRP. Each month, we will choose the group of the month and the student of the month for carpooling, bicycling, walking/roller- blading, and transit ridership. A copy of the award certificate will be posted in the classrooms. Their names (and possibly photos) will be printed in the school news - letters. Gifts will be distributed at the school events. As part of the TRP campaign, ALTRANS will reach local merchants to sponsor school events in exchange for promoting their businesses. The names of all students and families participating in the TRP will be entered for the gift give -away. Items such as bicycles, helmets, bus passes, books, CDs, movie passes, fast food certificates, school supplies, etc. will be raffled off at these events. F. Evaluation In order to evaluate the success and effectiveness of this pilot program, we will maintain and compile information on the following: Transportation surveys. Transportation surveys will be either administered at the school sites or sent to parents before and after the implementation of the program. The response to 7 K -12 TRP Pilot Proposal Eyedin Zonobi, ALTRANS 3/1/96 our surveys will help us determine the exact figures for student related auto - trips, the number of those who are already using alternative modes of commuting and the percentage of parents willing to consider alternative modes of transportation. • Number of carpool, bike and transit ridership, walking/roller - blading groups formed. After the implementation of TRP we will determine the number of students that ride bikes, walk/roller- blade, or carpool. An increase in the above activities will demonstrate our first step towards success. • Traffic counts at schools. Traffic counts will be performed at each of the school sites at the end of the school year. The success will be measured by a decrease in the traffic volume at those schools. • Input From TMA Representatives. Throughout the program the TMA representatives will monitor and report of any change in their schools' student travel patterns. • Number of alternative commute trips planned, documented, and followed up. • Number of alternative transportation materials, such as schedules, maps, flyers, etc. disseminated. G. Future Funding This project is a pilot program, and the funds requested in this proposal are viewed as "seed money ". Additional funding will be necessary for the continuation of the program. As ALTRANS is expanding to the communities in Santa Clara Valley and developing other trip reduction programs, K -12 and those projects will be incorporated into the ALTRANS' overall transportation demand management program. ALTRANS will continue to secure funding internally and through federal, state, foundations and corporate funding sources. 8 K -12 TRP Pilot Proposal H. BUDGET Hl. Budget Summary: REQUESTED FUNDS First Year Second Year Eyedin Zonobi, ALTRANS 3/1/96 IN -KIND CONTRIBUTIONS/MATCHING FUNDS First Year Second Year Total Cost 1 $149,971.20 1 $149,780.26 1 $45,838.00 $31,788.00 I. Personnel A. Salaries $98,491.20 $103,415.76 $28,608.00 $28,608.00 B. Fringe Benefits $27,090.00 $28,444.50 $14,050.00 C. Contract Services $15,800.00 1 $9,500.00 $780.00 $780.00 II. Non - Personnel A. S ace & Utilities Costs $28,608.00 $28,608.00 B. Office Equipment $14,050.00 C. Consumable Supplies $3,900.00 $3,900.00 $780.00 $780.00 D. Other Costs $4,690.00 $4,520.00 $2,400.00 $2,400.00 9 K -12 TRP Pilot Proposal H2. Budget Detail: I. Personnel A _ Salarlpc f-M increase /wear) Eyedin Zonobi, ALTRANS 3/1/96 REQUESTED FUNDS IN-KIND CONTRIBUTIONS/MATCHING FUNDS First Year Second Year First Year Second Year (l) K -12 TRP Manager, 40 hours /week @ $3 500.00 /month $42,000.00 $44,100.00 (1) TRP Coordinator , 40 hours /week $23,328.00 $23,328.00 @ $2 850.00 /month $34,200.00 $35,910.00 (1) Administrator, 24 hours /week 1 $5,280.00 $5,280.00 @ $1,857.60 /month $22,291.20 1 $23,405.76 B. Fringe Benefits 25% of Salary for full -time staff $19,050.00 1 $20,002.50 C. Contract Services Research, TMA and proposal development by ALTRANS $6,300.00 Survey Processing Costs: 10,000 surveys/year @ 95 Cents/survey $9,500.00 $9,500.00 II. Non - Personnel A_ Snare C_nctc Office & Counter Rent: {(1) 1200 sq.ft office + 20 sq. ft. counters x (12 sites)) @ $1.35 /s q. ft. /month x 12 months $23,328.00 $23,328.00 Office Utilities: {(1) office @ $200/month + (12 Sites ) @ $20 /month x 12 months 1 $5,280.00 $5,280.00 10 K -12 TRP Pilot Proposal Eyedin Zonobi, ALTRANS 3/11/96 REQUESTED FUNDS IN-KIND CONTRIBUTIONS/MATCHING FUNDS First Year Second Year First Year Second Year B. Office Eauinment To be used by staff at ALTRANS headquarter Computer + Software $2,400.00 $2,400.00 $7,000,00 Printer $4,520.00 $4,520.00 $1,900.00 $180.00 Scanner $1,100.00 $2,400.00 Copy Machine $3,500.00 Fax Machine $1,500.00 $1,500.00 1 $550.00 C. Consumable Supplies Promotional Materials: Banners & Posters for 12 Sites $2,400.00 $2,400.00 60 Reams of Paper/year $4,520.00 $4,520.00 $180.00 $180.00 Reproduction Costs: $2,400.00 $2,400.00 10,000 surveys /year + 10,000 newsletters x 2 times/ ear @ 5 Centskopy $1,500.00 $1,500.00 1 Desk top supplies for 3 staff @ $200 /each/ e 1 $600.001 $600.00 D. Other Costs Postage: Bulk Rate Establishment Fee $170.00 10,000 pieces x 2 times /year @ bulk rate 22.6 Cents/ piece $4,520.00 $4,520.00 Telephone: (4) Instruments @ $50.00 /each /month x 12 months $2,400.00 $2,400.00 11 K -12 TRP Pilot Proposal 2. Where will the project be located/implemented? Eyedin Zonobi, ALTRANS 3/1/96 The project will be implemented in the K -12 schools located in the cities of Saratoga and Cupertino as shown in Table -3 below. Also see Site Maps in Appendix 3. T.h1P -I Qrhnnls nnrl Rrhnnl T)istrictc located in Sarato8a and Cunertino Total: 9,824 9,496 10,216 3. How and to what extent will the project will improve air quality? 4. How and to what extent will the project reduce traffic congestion? 5. How and to what extent will the project reduce Vehicle Miles Traveled? Single Occupant Vehicle trips? Our objective is to reduce approximately 2,000 vehicle trips to K -12 schools in two years. This will include single occupant vehicle (SOV) trips made by the high school students and other trips made by the parents or other drivers who are driving students to schools one student at a time. The one way distance traveled by the elementary school lids varies from few blocks to 1.5 miles; middle school kids 2 to 3 miles and high school students 3 to 4 miles. We have taken an average one way distance of 2.5 miles and based on our projections of SOVs, vehicle trips reductions, and the TRP parameters below and using the Bay Area Air Quality Management District (BAAQMD) emission factors, the following tables provide answers to the above questions due to the project's function and activities at the end of the pilot phase: Number of SOVs and vehicle trips per day = 2,000 Average round -trip miles of commute = 5 Number of days per year of commute = 180 Number of years = 2 12 1994 1995 1996 School Districts School Name Grade Enrollment Enrollment Enrollment Clty Campbell Union Marshall Lane K -5 474 500 510 Saratoga Campbell Union Prospect High 9 -12 1,442 1,079 1,472 Saratoga High Cupertino Union Blue Hills K -6 501 480 476 Saratoga Christa McAuliffe K -6 392 360 421 Saratoga Kennedy Jr. High 7,8 897 894 966 Cupertino Lincoln K -6 678 679 685 'Cupertino Fremont Union Monta Vista High 9 -12 1,775 1,760 1,860 Cupertino High LG- Saratoga ft. Saratoga High 9 -12 997 1,000 1,000 Saratoga Union High Saratoga Union Argonaut K -5 548 570 563 Saratoga Foothill K -5 387 392 447 Saratoga Redwood 6 -8 690 720 729 Saratoga Saratoga K -5 329 325 341 Saratoga Private Schools Sacred Heart K -8 280 287 297 Saratoga St. Andrews K -8 434 450 449 Saratoga Total: 9,824 9,496 10,216 3. How and to what extent will the project will improve air quality? 4. How and to what extent will the project reduce traffic congestion? 5. How and to what extent will the project reduce Vehicle Miles Traveled? Single Occupant Vehicle trips? Our objective is to reduce approximately 2,000 vehicle trips to K -12 schools in two years. This will include single occupant vehicle (SOV) trips made by the high school students and other trips made by the parents or other drivers who are driving students to schools one student at a time. The one way distance traveled by the elementary school lids varies from few blocks to 1.5 miles; middle school kids 2 to 3 miles and high school students 3 to 4 miles. We have taken an average one way distance of 2.5 miles and based on our projections of SOVs, vehicle trips reductions, and the TRP parameters below and using the Bay Area Air Quality Management District (BAAQMD) emission factors, the following tables provide answers to the above questions due to the project's function and activities at the end of the pilot phase: Number of SOVs and vehicle trips per day = 2,000 Average round -trip miles of commute = 5 Number of days per year of commute = 180 Number of years = 2 12 K -12 TRP Pilot Proposal Vehicle Related Reductions Number of SOVs 2,000 vehicles Vehicle miles traveled 3,600,000 miles vehicle collisions (In'ury &Fatality) 4 Pnlintank Reduction Hydrocarbons 143,784 pounds Carbon Monoxide 92,038 pounds 14 Nitrogen Oxide 8,626 pounds Particular Matter (PM10) 22,730 pounds Total 1 267,178P ounds Eyedin Zonobi, ALTRANS 3/1/96 6. Does the project address more than one eligible project category? How? The project addresses two BAAQMD Transportation Control Measures (TCM) categories: CATEGORIES TCM # 1. implementation/enforcement of local ridesharing and trip 1, 2, 10, 13, reduction ordinance and program 14 5. implementation or rail -bus integration and regional transit 13 informations stem 7. Who will benefit from the project and how widespread do you expect the benefits to be? How many county residents will benefit from the project? What specific communities/groups will benefit (i.e. business, employers, bicyclists, pedestrians, the elderly, commuters, etc.)? In addition to its direct benefits to 10,216 students in 14 K -12 schools in Saratoga and Cupertino, this program will benefit approximately 28,000 Saratoga and 3,500 Cupertino residents, businesses, community colleges and cities in the surrounding community. Also, the program will be beneficial to agencies such as the Santa Clara County Transportation Agency, RIDES For Bay Area Commuters and other organizations providing alternative transportation services. 13 K -12 TRP Pilot Proposal S. How cost effective is the project? Eyedin Zonobi, ALTRANS 3/1/96 The cost to reduce pollutants, vehicles and related factors, energy and fuel are as follows: Cost ner Pound Reduction of Pollutants rnct ner Vehicle Related Reductions vvSOVs and Vehicle Trips $150 per vehicle Vehicle Miles Traveled 8.3 Cents per mile Vehicle Collisions (In 'ury &Fatality) $75,000 per collision ramervation Cost Energy 1.4 Cents per Million of BTU Fuel $1.83 per Gallon 9. Has your agency implemented a project similar to the proposed project in the past? H so, briefly describe your experience (did the project meet expectations, did it stay within budget, etc.) A1Trans organization has been able to implement trip reduction programs in each of our six member colleges in Santa Clara county and SJSU. A1Trans TRP has successfully met its objectives of reducing 2,000 documented SOVs within the 2.5 year allocated time and budget. 10. How and to what extent does the project encourage a shift away from Single Occupant Vehicles to shared -ride or non - motorized modes of transportation including telecommuting? See Project Narrative, section E. Methods. 11. Will this project provide other benefits that are not covered by the questions above (for example, reduces road water runoff? If so, please describe those benefits in detail. The following table illustrates some of the additional benefits of the project based on our two -year projections: rnncarvatinn ............ . Energy 20.9 billions of BTU Fuel 163,636 Gallons Fuel Savings to Consumer $204,545 14 APPENDIX 1 Figures [PEDS 1 0 0 0 0 [PEDS 1 0 SARATOGA /SUNNYVALE 1 I$] J N W--J-E S 0 [PEDS 1 190 283 0 r- 1563 0 1 1450 1 113 SARATOGA /SUNNYVALE 93 HERRIMAN --sr TRAFFIC DATA SERVICE PAGE: 1 Site Code : 4AM Rju�e- FILE: 4AM N-s Street: SARATOGA /SUNNYVALE E-W Street: HERRIMAN DATE: 9/22/ Weather Movements by: Primary PEAK PERIOD ANALYSIS FOR THE PERIOD: 7:00 AM - 9:00 AM DIRECTION START PEAK HR ........... VOLUMES ........... ...... PERCENTS ....... FROM PEAK HOUR FACTOR PEDS Right Thru Left Total PEDS Right Thru Left ' North 7:30 AM 0.85 0 0 455 165 620 - 0 73 27 East 7:30 AM 0.86 0 190 0 93 283 - 67 0 33 South 7 :45 AM 0.95 1 102 1474 0 1576 - 6 94 0 West 7:45 AM 0.00 0 0 0 0 0 - 0 0 0 Entire Intersection North 7:30 AM 0.85 0 0 455 165 620 - 0 73 27 East 0.86 0 190 0 93 283 - 67 0 33 South 0.94 3 113 1450 0 1563 - 7 93 0 West 0.00 0 0 0 0 0 - 0 0 0 [PEDS 1 0 0 0 0 [PEDS 1 0 SARATOGA /SUNNYVALE 1 I$] J N W--J-E S 0 [PEDS 1 190 283 0 r- 1563 0 1 1450 1 113 SARATOGA /SUNNYVALE 93 HERRIMAN --sr Site Code : 9AM N-S Street: SARATOGA E-W Street: HERRIMAN Weather : TRAFFIC DATA SERVICE Fywe - 2 Movements by: Primary PEAK PERIOD ANALYSIS FOR THE PERIOD: 7:00 AM - 9:00 AM DIRECTION START PEAK HR ........... VOLUMES ........... ...... PERCENTS ....... FROM PEAK HOUR FACTOR PEDS Right Thru Left Total PEDS Right Thru Left North East South West North East South West 7:45 AM 0.91 0. 206 323 0 529 39 61 0 7:45 AM 0.00 0 0 0 0 0 - 0 0 0 7:30 AM 0.93 19 0 478 33 511 - 0 94 6 7:30 AM 0.75 3 27 0 177 204 - 13 0 87 Entire Intersection 7:30 AM 0.89 0 220 297 0 517 - 43 57 0 0.00 0 0 0 0 0 - 0 a 0 0.93 19 0 478 33 511 - 0 94 6 0.75 3 27 0 177 204 - 13 0 87 HERRIMAN 324 SARATOGA M F 511-7 33 478 0 0 0 PAGE.- - 1 FILE: 9AM DATE: 9/21/94 19 [PEDS APPENDIX 2 (MOU) Memorandum Of Understanding (MOU) Between School Districts City Of Saratoga and AlTrans Organization Representatives of Saratoga/Cupertino K -12 Schools, the City of Saratoga, and the AlTrans Organization agree to work on alternative transportation projects as consortium members of the AlTrans - Transportation Management Association (TMA) and Trip Reduction Program (TRP). It is our collective intention to use this partnership as a trip reduction service provider in order to share alternative transportation information, ideas, and resources as our schools work together to reduce vehicle trips which will mitigate traffic congestion and vehicle collisions, improve regional air quality, and conserve petroleum resources. Furthermore, each of our respective TMA members agree to participate in the AlTrans-Transportation Management Association meetings on a quarterly basis. Participation in these quarterly meetings will focus on the following program elements: Evaluate the activities and accomplishments of the TRP and prioritize special projects. Assist in establishing information centers at each school along with securing cooperation among school administrators and school staff. Act as a positive lobbying force in order to improve transit, car pool, cycling, and pedestrian modes to schools. Assist in securing additional grants and funding sources for special projects and AlTrans- TMA/TRP. Entered into this formal agreement are the undersigned for membership and participation in the AlTrans- Transportation Management Association and Trip Reduction Program on January 18, 1995: 'at 0-1? _J6, 01 Harry acock. City Manager, City Of Saratoga Mary E ar e , Superintendent, Saratoga Union School District Patricia A. Lamson, Supi ntendent, Cupertino Union School District The AlTrans-TMA provides referral services in alternative commute modes for students and employees of K -12 schools, and do not certify the character of participants. Participants are advised to screen referrals to their personal satisfaction. The AlTrans-TMA and its members are not liable for any accidents and/or harm that might occur to any Participant at any time. The AlTrans -TMA, however, does within the lawful limits of Title V1 of the Civil Rights Act of 1964, as amended, reserve the right to refuse services to anyone. APPENDIX 3 Site Maps I oralDGE W ., I Y--- OLPM t tasnnon►ot: _. t MW(Ri DI s ®DI FALL DD I tnclwntt no / IMMY IMOU Dt "ITENICK OR 1 WWMW00I DI OUS to am DICY FOR 12 [ICLL pt D 4DDDttDDD DDJ'nr. MAP or SARATOGA RLL�L III LM/IYY WAt Cr/i 1. Saratoga Village 2. Neale's Hollow 3. Argonaut Shopping Center Saratoga Oaks 4. Aznle Shopping Center Saratoga Coun#7j Club (408) 253 -0340 21990 Prospect Road Saratoga, 'California 95070 S. Saratoga Center 6. Oak Creek Shopping Center 7. Blue Hills Shopping Center S. Park Saratoga Shopping Center THE INN AT SARATOGA Saratoga's finest... Located it, the western foothills of the Santa Clara Ulllev, awau hr/n the Imstle of big city hotels, -1 npeslting experience ntoaits the pleasures of business erecutires and disc iiiiinating individuals. 30645 fourth Street Saratoga. 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CL Ch. rr i Jf Df. 12 11 p FIMMONT OLDER ppn E a° �e pu O e E � <. i Rot E 3 PROSPECT r.s OPEN SPACE PILES i y l+Y tF r,,,,, I :` .. °c) `- ' E ROAD z •. klaado a �. •� ; ....N L111Mr 0. ..........M CwP 0........' ...Cal crMwr as .......Ea aar_1 p .........We aLr 0. ............ M N •l• R H .....Ca Carr Or. ......... N Cep /w..... rg�. W 0a aa, aL.... ......N'. p A. aei6.. IL ...A 41 0 -01. ............N .. ......A•1 R......... C0 HOW Crrw•0 0. NV pMR...........E� � aaww n 11+6 M..1.. .........................1V CdEpw CL .........W. . . N N :.....la Cln.a +a. w A}. Gp ...:.. ..H CMrnw/r.......G� _wr A Iw•a . IY. iri "p�af!aa :WO Db- A- CeAr0..........A4 C ........04M rWA..q........ _.N CIra .... .N eea�lrr 0............so fts" 0. .......... ..1........ lAall•. pt..........Or f4.rk ...........H awl, ......�,..aa Llama SawF......C, ryuw 0............W aw.. •r.0[:u J.Ca &I. wp .............M H.rl.�.........COa Oca•c 0..... ..M Ea•c.'A...........M IL1eA wA ...........M Orww041,�rIf E,1.r0............ E1 rrLw...........J.w ��rarwr. LA .i...xaa Ealar 0. I ......oaa p.a.•.a ae .....:..Aa M. LA,.......:+ APPENDIX 4 Support Letters Mary E. Gardner, Superintendent - Saratoga Union School District Charles E. Corr, Director, Business Services - Cupertino Union School District Chancellor Rose Tseng - Mission/West Valley Community College District Lucy Wurtz, Policy Manager - Santa Clara County Transportation Agency Superintendent Patricia A. Lamsc- Board of Education Debbie Byron Michael S. Chary Steven C. Cheii Sandra L. James Cupert ino Union School District Emily Lee Kelley 10301 Vista Drive • Cupertino. CA 95014 -2091 • (408) 252 -3000 • Fax (408) 255-44!C February 16, 1996 Mr. Walter C. Streeter, Senior Planner Transportation Agency Congestion Management Program 3331 North First Street San Jose, CA 95134 -1906 Dear Mr. Streeter, This is a letter of support for the work of the ALTRANS organization. The Cupertino Union School District became aware of ALTRANS through its involvement with schools located within the boundaries of the City of Saratoga. Two of our schools are located in Saratoga. ALTRANS has demonstrated an ability to help reduce the number of daily trips into a site. This is important to us because of the increased daily congestion at elementary and junior high school sites as parents deliver their children to and from school. We hope that with the assistance of ALTRANS we will be able to help parents find alternative safe means of getting their children to school. S' 'Charles E. Corr, Director Business Services d EQUAL OPPORTUNITY EMPLOYER 14000 Fruitvale Avenue / Saratoga, California 95070 -5698 / (408) 741-2011 ROSE TSENG, Ph.D. . -Chancellor February 20, 1996 Mr. Walter C. Streeter, Senior Planner Transportation Agency Congestion Management Program 3331 North First Street San Jose, CA 95134 -1906 Dear Mr. Streeter: Please accept this support letter on behalf of the A1Trans Organization as they expand into the trip reduction arena of our local K -12 school districts. As the Chancellor of the West Valley- Mission Community College District, I have personally witnessed the alternative transportation programs that A1Trans has been able to complete for our students and employees within our seven college campus consortium. As the leader in the college program, West Valley - Mission College recognizes the need and natural progression into our local K -12 schools through the A1Trans - Transportation Management Association. I recommend funding the A1Trans Organization so they can continue providing our college campuses with a much needed Alternative Transportation Program while including the newly formed K -12 school trip reduction program for our City (Saratoga) and the neighboring City of Cupertino. Please do not hesitate to contact me or our Director of Grants and Development, Dr. Fred Prochaska at (408) 741 -2095. Thank you for your, time and consideration concerning this support letter. Sincerely, Rose Tseng, Ph.D. Chancellor c. -Dr. Fred Prochaska - Director of Grants and Development, West Valley College Mr. Harry Peacock - City Manager, City of Saratoga Mr. Eyedin Zonobi - Project Manager, A1Trans Organization Board of Trustees MS. MAXINE SANDERS, President • MR. ARNE LUNDE, Vice President • MS. JOY ATKINS • MS. KARIN DOWDY MS. NANCY RUCKER • MR. BRIAN SLOAN • MR. PHIL STOKES • MR. WILLIE BROWN, JR., Student Trustee Mission College MR. GREG HOOBLER, Student Trustee West Valley College leae. Santa Clara • West Vallev Colleqe Transportation Agency Santa Clara County Bus, light Roil, Congestion Management 3331 North First Street San Jose, CA 95134.1906 Mr. Harry Peacock City Manager City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 Dear Mr. Peacock: January 23, 1995 I am writing to recommend A1Trans's proposal for forming a K -12 Transportation Management Association and implementing a K -12 Trip Reduction Program for the Saratoga school district. According to its proposal, A1Trans will develop a comprehensive Trip Reduction Program for the school district, including the following elements: carpools, transit, walking, and bicycle groups. Through implementation of its Trip Reduction Program, A1Trans hopes to reduce vehicle trips to Saratoga schools by approximately 30% over the next three years. The AlTrans organization has proven successful at reaching the large, and previously untapped, student population in Santa Clara County. One example of this is A1Trans's recent successful launch of a Transit Access Program at San Jose State University. The Transit Access Program is a prepaid fee arrangement with the Santa Clara County Transportation Agency that allows San Jose State students to use their student identification cards for unlimited access to public transit in the county. A1Trans helped to negotiate the fee agreement with the Transportation Agency, and then worked with the Associated Students of San Jose State on the campus -wide campaign last year to approve raising student fees to fund the program. The Transit Access Program has been a success, and other colleges in the county have shown an interest in starting similar programs. I know Steve.Blaylock, the Executive Director of A1Trans, through his former membership on the CMA's Commuter Network Council, and his continued participation in the Bay Area Air Quality Management District's Community Focus program. I have had an opportunity to work with Steve, and can recommend him to you without reservation as a person of enthusiasm and proven ability. Sincerely,. hu V. V. Wu z CMP Manager of Policy Congestion Management Program: 101 Metro Drive, Suite 248, San Jose. California 95110 PHONE: 408.453.4030 FAX: 408.453.4145 SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. Z- IF AGENDA MEETING DATE: June 5, 1996 CITY ORIGINATING DEPT.: Community Development tm,/ SUBJECT: Requests to realign existing General Plan designation and Zoning District boundaries to match the proposed realigned parcel boundaries at 13570 Pierce Road. Parcel A (8.4 acres) is located within a Hillside Residential District and Parcel B (40,500 sq.ft.) within an R -1- 40,000 District. GPA -96 -001 & AZO -96 -001 (Applicant, Binkley). Recommended Motion: Staff recommends that the City Council take the following actions: 1. Concur with Staff's decision that this project is subject to the provisions of Measure G; 2. Accept the applicant's request that the City Council proceed with the public hearing to consider the applications prior to the General Plan Amendment being scheduled for an election; 3. Adopt the Negative Declaration for the project finding that no significant, adverse environmental impacts will be created by the project; 4. Uphold the Planning Commission recommendations to approve the General Plan Amendment and Zone Change requests; Report Summary: On March 27, 1996, the Planning Commission approved 6 -0 a Lot Line Adjustment to "move" an existing lot line between two existing lots of record thereby creating a larger (i.e. conforming) lot on one parcel while maintaining above standard square footage on the second parcel. The first parcel, although substandard, has been determined to be a legal lot of record containing 19,602 sq.ft. By moving the existing lot line, the expanded lot will contain 40, 510 sq.ft. which exceeds the minimum 40,000 sq.ft. requirement of the zone. Because the General Plan and Zoning boundaries currently exist along the current common lot line, they must also be moved to coincide with the new lot line. Not moving the General Plan and Zoning lines would create a lot containing two different General Plan land use designations and zoning districts resulting in two sets of development regulations. General Plan Amendments and Zoning District changes can be accomplished only through the public hearing process and cannot be approved administratively. Attachment #6 to this report is a letter (dated June 9, 1995) to Mr. Binkley explaining the requirement for the public hearings. Mr. Binkley filed for the General Plan Amendment and Zone Change on February 12, 1996. GPA 96 -001 & AZO 96 -001; Binkley City Council, June 5, 1996 Page 2 Responses to Mr. Binkley's Letter, dated May 29, 1996 (see Attachment #1): The following are responses to Mr. Binkley's challenge to his project being subject to the provisions of Measure G. In the opening paragraph of his letter, Mr. Binkley states "...that this means that our lot line adjustment will have to be placed upon the ballot and approved by the voters." This is not a correct statement. This lot line adjustment can, and has been approved by the Planning Commission, the recording of which is contingent upon approval of the General Plan Amendment and Zone Change. Only the General Plan Amendment would have to be approved by the voters. 1. Measure G states that "All lands designated 'Hillside Conservation Single - Family'... shall remain so designated until December 31, 2025, unless said land is redesignated to another general plan land use category by vote of the people...." Measure G does not contain exceptions such as maintaining current numbers of dwelling units, etc. 2. Mr. Binkley states that the General Plan map does not accurately reflect his property designation and that the change is "simply" (staff emphasis) a correction to the map. While the General Plan and Zoning maps differ slightly, this is not atypical, especially given the variety of mapping techniques used throughout the years. In this case, specifically, the lot line adjustment goes beyond a slight correction - it expands area significantly. Therefore, public hearings are required. 3. The City Council has discussed the "intent of Measure G" versus actual language contained in the Initiative. The language as quoted in item #1 above is very clear in that the designation cannot be changed without a vote of the people, irrespective of the intent of the proponents or the voters. Environmental Determination: An environmental initial study and Negative Declaration have been prepared for this project pursuant to the terms and requirements of the California Environmental Quality Act finding that this project will not create any significant, adverse environmental impacts. Fiscal Impacts: None. Advertising, Noticing and Public Contact: Notices were mailed to property owners within 500 ft. of the subject property and a notice was published in the Saratoga News. Follow Up Actions: If the City Council takes action on the request, the applicant must decide if the project will be placed on the next possible election ballot. GPA 96 -001 & City Council, Page 3 Attachments: AZO 96 -001; Binkley June 5, 1996 1. Letter from G.R. Binkley, dated May 29, 1996. 2. Planning Commission Resolution (March 27, 1996) recommending approval of General Plan Amendment 96 -001. 3. Planning Commission Resolution (March 27, 1996) recommending approval of Zone Change 96 -001. 4. Planning Commission Minutes, dated March 27, 1996. 5. Staff Report, dated March 27, 1996. 6. Staff Letter, dated June 9, 1995. 7. Letter from G.R. Binkley, dated June 7, 1995. 8. Letter from G.R. Binkley, dated May 26, 1995. 9. Staff Letter, dated April 20, 1995. T. C. Binkley Family Trust 21055 Sarahills Drive Saratoga, CA 95129 May 29, 1996 VIA FAX 741 -1132 Honorable City Council City of Saratoga 13777 Fruitvale Ave Saratoga, CA 95070 Dear Council members: We received a telephone call today advising that city staff feels that our lot line adjustment (which for technical reasons requires AZO96 -001, a zoning boundary change, and GPA96 -001, a general plan amendment) is subject to Measure G. With this interpretation, we are told that this means that our lot line adjustment will have to be placed upon the ballot and approved by the voters. We disagree with this interpretation, and wish to challenge it at this time. We are challenging the interpretation for the following reasons: 1. Both parcels are presently zoned residential and our proposed adjustment of the lot line between them does not change the number of dwellings that can be constructed on either parcel. 2. The general plan boundary presently does not agree with the zoning map boundary in the vicinity of the lot line that we are adjusting. Our action will correct the city's official maps by aligning these boundaries. In addition, our action is bringing a non - conforming lot into conformance with the existing zoning. It therefore appears that some aspects of our action could be interpreted as ministerial for city purposes. 3. All Measure G proponents with whom we have discussed this matter have indicated that it was not the intent of the measure to apply to situations such as ours. Since we have paid the city fees and received planning commission approval, we also wish to proceed with the scheduled hearing. Sincerely, T.C. Binkley Family Trust (Thad W. Larry, and G. Robert Binkley) by G.R. Binkley, Tru 6-ee GRB /yl RESOLUTION NO. GPA -96 -001 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SARATOGA.RECOMMENDING APPROVAL OF GENERAL PLAN BOUNDARY AMENDMENT Binkley; 13570 Pierce Rd. WHEREAS, the applicant is requesting a General Plan Amendment in order to realign a boundary between a Residential- Hillside Conservation designation and a Hillside -Very Low Density designa- tion to be consistent with the realigned property line for that portion of Assessor Parcel Numbers 503 -14 -044 (Parcel A) and 503- 14 -022 (Parcel B) per Exhibit "A"; and WHEREAS, the Planning Commission held a public hearing on the proposed amendment on March 27, 1996; NOW, THEREFORE, BE IT RESOLVED, the Planning Commission of the City of Saratoga recommends approval of the General Plan Amendment to reclassify a portion of Parcel A and Parcel B per Exhibit "A" by making the following findings: • The Planning Commission has determined that the proposed General Plan Amendment is consistent with the goals, policies and objectives of the City's General Plan and Area B Plan Guidelines; and • The Planning Commission has determined that the proposed General Plan Amendment is consistent with the existing land use designations and development patterns in the vicinity. PASSED AND ADOPTED by the City of Saratoga Planning Commis- sion, this 27th day of March, 1996 by the following roll call vote: AYES: Abshire, Asfour, Kaplan, Murakami, Patrick & Pierce NOES: None ABSENT: Siegfried —� C n, Planning Commission A TEST: A.� �� a4�1. Secreta y to the Planning Commission ORDINANCE NO. AZO -96 -001 ORDINANCE OF THE PLANNING COMMISSION OF THE CITY OF SARATOGA RECOMMENDING APPROVAL OF AMENDMENT TO ZONING DISTRICT BOUNDARY Hinkley; 13570 Pierce Rd. WHEREAS, the applicant is requesting a Zoning District amendment in order to realign a boundary between. a Hillside Residential District and an R -1- 40,000 District to be consistent with the realigned property line for that portion of Assessor Parcel Numbers 503 -14 -044 (Parcel A) and 503 -14 -022 (Parcel B) per Exhibit "A"; and WHEREAS, the Planning Commission held a public hearing on the proposed amendment on March 27, 1996; NOW, THEREFORE, BE IT RESOLVED, the Planning Commission of the City of Saratoga recommends approval of the amendment to the Zoning District boundary per Exhibit "A ", by making the following findings: • The Planning Commission has determined that the proposed Amendment to the Zoning Ordinance is consistent with the goals, policies and objectives of the City's General Plan and Area B Plan Guidelines; and • The Planning Commission has determined that the proposed Amendment to the Zoning Ordinance is consistent with the existing zoning districts and development in the vicinity. PASSED AND ADOPTED by the City of Saratoga Planning Commis- sion, this 27th day of March, 1996 by the following roll call vote: AYES: Abshire, Asfour, Kaplan, Murakami, Patrick &Pierce NOES: None ABSENT: Siegfried ^7 ' Cha an Planning Commission ATTEST: Secretaky to the anning Commission PLANNING COMMISSluA MINUTES MARCH 27, 1996 PAGE - 3 - to an existing 3,388 sq. ft. single story residence per Chapter 15 of the City Code. The subject property is 44,330 sq. ft. in area and is located within the R- 1- 40,000 zoning district. Planner Walgren presented the staff report. Chairman Murakami opened the public hearing at 7:43 p.m. Scott Cunningham, project designer, informed the Commission that he tried to address all the design handout criteria. He felt that the house was close to non - visible and that the design meets his clients' needs. COMMISSIONERS ASFOUR/PATRICK MOVED TO CLOSE THE PUBLIC HEARING AT 7:45 P.M. Chairman Murakami stated that he reviewed the second story segment as mentioned in the staff report. After review of the text contained in the analysis, his concerns were answered. COMMISSIONERS ASFOUR/PATRICK MOVED TO APPROVE RESOLUTION NO. DR -96 -004 PER STAFF'S RECOMMENDATION. THE MOTION CARRIED 6 -0 WITH COMMISSIONER SIEGFRIED ABSENT. 4. LL-95 -002, GPA- 96-001 & AZO -96 -001- BI9KLEY;13570 PIERCE RD.; Request for Lot Line Adjustment approval to relocate an existing parcel boundary between two legal lots of record. The application also includes requests to realign existing General Plan designation and Zoning District boundaries to match the realigned parcel boundaries. Parcel A (8.4 acres) is located within a Hillside Residential District and Parcel B (40,500 sq. ft.) within an R -1- 40,000 District. An environmental Negative Declaration have been prepared for this project pursuant to the terms and requirements of the California Environmental Quality Act. Planner Walgren presented the staff report. He informed the Commission that the lot line adjustment would be contingent upon the City Council's approval of the General Plan and zoning amendments. Commissioner Kaplan asked if a building site would be established for parcel B? Planner Walgren responded that a building site would not be established as part of this approval but that staff requested that the applicant show that there is a reasonable building site for parcel B. The setback envelopes are being shown on the plan so that when the lot is developed, it is known what the required setbacks would be. Community Development Director Curtis clarified that a home would need to be designed to be located within the setback lines. PLANNING COMMIS61JN MINUTES MARCH 27, 1996 PAGE - 4 - Commissioner Kaplan stated that she was concerned with the creation of odd shaped lots and the problems that they could create in the future. Commissioner Asfour asked if staff was satisfied with the building site? Planner Walgren responded that the building site was the most feasible building site available given the current configuration of parcel B. The building envelope, as shown, is based on today's setback requirements. Should the lot not be developed for several years, the building site would be subject to the zoning standards in effect at the time of development, as well as review by the City's geologist and arborist. Commissioner Abshire asked if the home could be built on the land that is being added? Planner Walgren indicated that the home would be located on the western most 10,000 square feet of the lot which is currently a knoll with several trees on it, noting that it was gaining a flat terraced area along the hillside. Commissioner Patrick asked the City Attorney if this zoning and General Plan amendments would be affected by Measure G? City Attorney Riback responded that this proposed general plan amendment was the type of amendment that would be subject to Measure G. He indicated that Measure G would go into affect 10 days following City Council's declaration of the vote, sometime in late April or early May. Commissioner Asfour stated that it was his understanding that Measure G would only apply if there was an increase in density. He noted that this application was not increasing in density. City Attorney Riback stated that this amendment would be subject to Measure G because there would be a change in the General Plan land use designation from the Residential Hillside conservation to Residential, Very Low Density, an intensification in land use. Chairman Murakami opened the public hearing at 7:54 p.m. Bob Binkley, applicant, informed the Commission that he was in charge of administrating his father's estate. The lot line, as it exists today, does not encompass the pattern for the lot and he felt that it was appropriate to adjust the lot to conform to current zoning standards. He stated his concurrence with staff's recommendation. He stated that he also understood the effect of Measure G on his application. COMMISSIONERS ASFOUR/KAPLAN MOVED TO CLOSE THE PUBLIC HEARING AT 7:55 P.M. COMMISSIONERS ASFOUR/PATRICK MOVED TO RECOMMEND CITY COUNCIL APPROVAL OF THE ENVIRONMENTAL NEGATIVE DECLARATION, GENERAL PLAN AND ZONING DISTRICT BOUNDARY AMENDMENTS. THE MOTION CARRIED 6 -0 WITH COMMISSIONER SIEGFRIED ABSENT. PLANNING COMMISSIL A MINUTES MARCH 27, 1996 PAGE - 5 - COMMISSIONERS ASFOUR/PATRICK MOVED TO APPROVE RESOLUTION NO. LL -95 -002 CONTINGENT UPON CITY COUNCIL APPROVAL OF THE GENERAL PLAN AND ZONING AMENDMENTS. THE MOTION CARRIED 6 -0 WITH COMMISSIONER SIEGFRIED ABSENT. 5. SD -95 -010 - NAVICO INC./BYRON NAVID; 15041 & 15072 SARATOGA- SUNNYVALERD.;Request for Tentative Subdivision Map approval to subdivide two parcels of land totalling 6.94 acres into 15 single- family lots. The existing residence, pool, tennis court and accessory structures would be removed and a new cul -de -sac would access the development off Saratoga - Sunnyvale Rd. opposite Herriman Ave. - there is no vehicular access proposed through the adjoining neighborhoods. The proposed lots range in size from 15,000 to 21,600 sq. ft. and would permit 4,000 to 4,500 sq. ft. homes (including garages). The property is located in an R -1- 12,500 zoning district. An environmental initial study and subsequent Negative Declaration have been prepared for this project pursuant to the terms and requirements of the California Environmental Quality Act. Planner Walgren presented the staff report. He informed the Commission that it could not take formal action on the application this evening as the project requires an extended review period to satisfy the requirements of CEQA. This application has been scheduled to allow the Commission to review the comments as outlined in the staff report, take public testimony and requested that the Commission include any additional comments that it may have. The comments received this evening would be addressed at the next available meeting. He identified the following issues: 1) The circulation plan tends to isolate the 15 new homes from the existing neighborhood. 2) It is recommended that the pedestrian connection be either widened or shortened or both without affecting either of the adjoining lots in order to avoid a long, narrow tunnel affect. 3) It is recommended that construction be limited to single story homes of not more than 22 feet in height. 4) The perimeter landscaping has been found to be suitable for this portion of Saratoga - Sunnyvale Road with the recommendation that the applicant provide a more residential wall plan similar to the Saratoga Oaks subdivision on Saratoga Avenue (the use of redwood and used brick columns versus a solid brick wall). 5) Staff also recommends that the developer be required to build a simple post and roof type of bus stop shelter to be maintained by the City in the future. He indicated that the wall plans submitted to the Commission this evening were submitted early this week as an amendment to the original wall plan. He informed the Commission that the original wall plan was proposed to be solid brick which included an arched - entryway over the new court. The new wall plan proposes to use an alternating brick and stucco design, eliminating the arched entryway. Commissioner Kaplan stated that she read the letter from the superintendent of the elementary school. She asked if there was a conflict between the hazardous substance report that came from the County and that of the soil sample? Planner Walgren responded that a conflict did not exist, noting that the County Environmental Health Department was REPORT TO THE PLANNING COMMISSION LL -95 -002, GPA -96 -001 & AZO -96 -001 Application No. /Location: 13570 Pierce Road Applicant/ Owner: BINKLEY Staff Planner: James Wal gr en , AIC P Date: March 27, 1996 APN: 503 -14 -022 & 044 Director Approval: J(� 1 �3 5 / U Fierce Kd. File No. LL -95 -002, GPA -96 -001 & AZO -96 -001; 13570 Pierce Rd. EXECUTIVE SUMMARY CASE HISTORY: Application filed: 3/21/95 Application complete: 2/12/96 Notice published: 2/28/96 Mailing completed: 2/29/96 Posting completed: - 2/22/96 PROJECT DESCRIPTION: Request for Lot Line Adjustment approval to relocate an existing parcel boundary between two legal lots of record located off Pierce Rd. and Sara Hills Rd. The application includes a request to realign existing General Plan designation and Zoning District boundaries to match the realigned parcel boundaries. Parcel A is designated as Residential - Hillside Conservation and is located within a Hillside Residential District. Parcel B is designated as Residential -Very Low Density and is in an R -1- 40,000 District. An environmental Negative Declaration have been prepared for this project pursuant to the terms and requirements of the California Environmental Quality Act. STAFF RECOMMENDATION: Conditionally approve the Lot Line Adjustment request and recommend approval of the environmental Negative Declaration and General Plan and Zoning District boundary amendments to the City Council. ATTACHMENTS: 1. Staff Analysis 2. Resolutions LL -95 -002, GPA -96 -001 & AZO -96 -001 3. Environmental Negative Declaration 4. Map, Exhibit "A" File No. LL -95 -002, GPA -96 -001 & AZO -96 -001; 13570 Pierce Rd. ZONING• GENERAL PLAN DESIGNATION• AVERAGE SITE SLOPE: EXISTING NET PARCEL SIZES• PROPOSED NET PARCEL SIZES• MINIMUM PARCEL SIZE REQUIREMENTS: PROJECT DISCUSSION: Lot Line Adjustment: STAFF ANALYSIS PARCEL A PARCEL B Hillside Residential R -1- 40,000 Residential - Hillside Residential -Very Conservation Low Density 300 280 9 acres 19,602 sq. ft. (.45 acres) 8.44 acres 40,510 sq. ft. (.93 acre) 3.8 acres 40,000 sq. ft. (.92 acres) The applicant is proposing a Lot Line Adjustment to realign an existing parcel boundary. The City's Consulting Surveyor has performed a parcel title research on the two properties and has determined that they are two legal lots of record, allowing for this Lot Line Adjustment to occur. The Lot Line Adjustment conforms with both the Subdivision Map Act and the City's Subdivision Ordinance. The State Subdivision Map Act states that local agencies shall limit their review and approval of Lot Line Adjustments to "a determination of whether or not the parcels resulting from the Lot Line Adjustment will conform to local zoning and building ordinances ". The proposed land transfer conforms to all applicable Zoning Ordinance requirements with regard to minimum lot size, frontage, width and depth. Though Parcel B does not currently meet any of these minimum standards, the Lot Line Adjustment will bring it into conformance with current Zoning Ordinance requirements for the R -1- 40,000 district. The Lot Line Adjustment does therefor conform. with Subdivision and Zoning Ordinance requirements. File No. LL -95 -002, GPA -96 -001 & AZO -96 -001; 13570 Pierce Rd. General Plan and Zoning District Boundary Changes: The boundary between the Residential- Hillside Conservation and the Residential -Very Low Density General Plan designations, and the corresponding Hillside Residential and R -1- 40,000 Zoning District designations, follow the existing lot line. The applicant is proposing to realign this boundary to match the reconfigured parcels. The realigned boundary does not densities or development potential can currently be developed on each o f residence would be permitted on each (The maximum allowable floor area for 7,570 sq. ft. to 7,470 sq. ft. and the for Parcel B would increase from 3,88 0 a result of the realignment.) Staff the proposed designation realignment consistency with property lines. effect permitted residential one single family residence the two lots, and only one lot after the readjustment. Parcel A would decrease from maximum allowable floor area sq. ft. to 4,362 sq. ft. as is recommending approval of in order to maintain mapping Environmental Determination: The General Plan and Zoning District boundary amendments are subject to the California Environmental Quality Act. Staff finds that the proposed realignment will not increase development potential of the two parcels. To the contrary, the realignment will provide a more suitable building site for Parcel B than currently exists. Therefor, it is staff's determination that the proposed realignment of the existing General Plan and Zoning District boundary will have no environmental impact and that a Negative Declaration should be adopted. STAFF RECOMMENDATION: Conditionally approve the Lot Line Adjustment request and recommend approval of the environmental Negative Declaration and General Plan and Zoning District boundary amendments to the City Council. DECLARATION THAT ENVIRONMENTAL IMPACT REPORT NOT REQUIRED LL -95 -002, GPA -96 -001 & AZO -96 -001 - BINKLEY 13570 PIERCE RD. The undersigned, Director of Community Development of the CITY OF SARATOGA, a Municipal Corporation, after study and evaluation, has determined, and does hereby determine, pursuant to the applicable provisions of the Environmental Quality Act of 1970, Section 15063 through 15065 and Section 15070 of the California Administrative Code, and Resolution 653 of the City of Saratoga, and based on the City's independent judgment, that the following described project will have no significant effect (no substantial adverse impact) on the environment within the terms and meaning of said Act. PROJECT DESCRIPTION Request for Lot Line Adjustment approval to relocate an existing parcel boundary between two existing hillside parcels of record located off Pierce Rd. and Sara Hills Rd. The application includes a request to realign existing General Plan designation and Zoning District boundaries to match the realigned parcel boundaries. The boundary between the Residential -Very Low Density and the Residen- tial- Hillside Conservation General Plan designations, and the corresponding R -1- 40,000 and Hillside Residential Zoning District designations, follow the existing lot line. The applicant is proposing to realign this boundary to match the reconfigured parcels per Exhibit "A ". NAME AND ADDRESS OF APPLICANT Thad C. Binkley Trust 7246 Sharon Dr., Suite J San Jose, CA 95129 REASON FOR NEGATIVE DECLARATION It is staff's determination that the proposed realignment of the existing General Plan and Zoning District boundary will have no environmental impact. The realigned boundary does not increase any development potential for either parcel. Executed at Saratoga, California this. day of , 1996. DIRECTOR OF COMMUNITY DEVELOPMENT toil 13777 FRUITVALE AVENUE • SARATOGA, CALIFORNIA 95070 • (408) 867 -3438 COUNCIL MEMBERS: June 9 , 1995 Ann Marie Burger Paul E. Jacobs Gillian Moran Karen Tucker Mr. G. Robert Binkley, trustee Donald L. Wolfe Thad C. Binkley Trust 7246 Sharon Drive, Suite J San Jose, CA 95129 Subject: LL -95 -002 (Sarahills Drive) Dear Mr. Binkley:. This is in response to your letter dated June 7, 1995, and our telephone conversation of June 8, 1995. I have reviewed your Lot Line Adjustment application and your response to the requirement of a General Plan Amendment and a Zone Change. It is my determination that both a General Plan Amendment and Zone Change is required for the following reasons: Zone Change: Whenever a zoning boundary line is moved, a Zone Change is required. That is, the current zoning line cannot be moved to reflect the "reconfigured" lot line that would be created without changing the current zoning to reflect the new lot area. General Plan Amendment: California State Law requires that all zoning be consistent with the General Plan. That is, if the zone change is approved, the newly zoned area must be consistent in land use category, density, development alternatives, etc. In this case, the Planning Commission has the discretion to determine if the "reconfigured" lot should remain in the lower density hillside designation or changed to reflect the higher density residential designation. This discretionary decision by the Planning Commission must be made as a result of the General Plan Amendment request. Per Section 15- 90.010 of the Saratoga Municipal Code, any administrative decision by a staff member may be appealed to the Planning Commission for review. The appeal must be made within ten (10) days from the date of the decision. In this case, the ten Printed on recycled paper. Mr. G. Robert Binkley June 9, 1995 Page 2 (10) day appeal period would expire on June 19, 1995- There is a $200 appeal filing fee. Please contact the City Clerk if you wish to appeal this administrative decision. Sincerely, Paul L. Curt s Community Development Director Thad C. Binkley Trust 7246 Sharon Drive Suite J San Jose CA 95129 Phone (408) 257 -9252 June 7, 1995 VIA PAX 741 -0940 Mr. Paul L. Curtis Community Development Director City of Saratoga 13777 Fruitvale Ave. Saratoga, CA 95070 RECEIVED JUN 91995 PLANNING DEPT. Re: LL -95 -002, Proposed lot line adjustment on Sarahills Dr. Dear Mr. Curtis, Harry Peacock advised me this AM that my letter to the City Council has been routed to you for a response. I feel that the situation at hand needs an explanation. My father, Thad C. Binkley died and I am trying to settle his estate. We (his three sons) would like to keep the land in the family, if possible. We are not developers. In order to do this, I need to "clean up" some things that my father should have done years ago. One is an old gasoline tank spill which is another story, and has bled us of our financial resources. The other is this Sarahills lot which I think you will agree needs to be brought into conformance with the other Sarahills lots. We all feel the City should welcome our efforts to clean these things up. I know the neighbors will welcome any improvement to the lot, which is a real eyesore. I know this because I am one of those neighbors. For these reasons, as well as the reasons in my other letter, I hope that you will help us expedite the lot line adjustment process, and that you will consider reducing the $5000 fee. Thank You for your consideration. nc ely obert Binkley, t ustee Thad C. Binkley Tru Linda and Bob Binkley 21055 Sarahills Drive Saratoga CA 95070 Phone (408) 257 -9252 May 26, 1995 City Council City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 RE: LL -95 -002 Honorable Members of the City Council: � (F' - - �_-' ' �" -, RECEIVED MAY 3 01995 PLANNING DEPT. We are writing you this letter in order to ask you for interpretation of the intent of your ordinance as it may relate to our application. In summary, our family acquired two parcels, of land located off Pierce Road in Saratoga, one in the 1940's and the other in the early 1960's. One of the parcels is approximately 9 acres and is zoned NHR, and the other is a parcel of irregular shape 0.45 acres in size and is zoned R -1- 40,000. Both parcels are presently held by our family trust. Since the smaller parcel was apparently created as a remnant parcel during the subdivision of Sarahills by the previous owner, without the appropriate procedures of subdivision, we obtained a Certificate of Compliance to legalize the process. The smaller - irregular parcel has an existing relatively flat building site. However, the building site extends past the existing boundary line onto the larger parcel. To consolidate this area as one building site, we applied for a lot line adjustment. We would like to point out that this adjustment will not result in more building sites. It may actually reduce the potential number of building sites on the larger parcel. Recently, we received a letter from the Planning Department (see enclosed) stating under item #1 that we must apply for rezoning and a general plan amendment. We do understand that the boundary between these parcels constitutes a boundary between different zoning districts. What we fail to understand is why the boundaries cannot be adjusted in the same manner as the lot line. This is not rezoning and this does not require a change in the General Plan, since neither the use, nor the intensity of use, is being changed. The boundaries of various land use as shown on the general plan are not accurate boundaries, and their intent, in our opinion, is to follow the actual parcel boundaries. We feel that we are being asked to go through a process which has been designed for other purposes, such as changes in land use, or changes in allowable densities. None of these apply to our case. The requested fee alone is in excess of $5,000. We believe that this is not reasonable. We would appreciate your looking at our situation and advising us how to proceed. Thank you for considering this matter. Si G. Robert Binkley , Trustee Binkley Family T st cc: Westfall Engineers enclosure _I k. 13777 FRUITVALE AVENUE • SARATOGA, CALIFORNIA 95070 • (408) 867 -3438 COUNCIL MEMBERS: Karen Anderson Ann Mane Burger Willem Kohler Victor Monia April 20, 1995 Karen Tucker Thad C. Binkley Trust 7246 Sharon Drive, Suite J San Jose, CA 95129 Re: LL -95 -002; Dear Mr. Binkley: 13570 Pierce Road .=L;i=f W 6--- 'PR 2 I have reviewed your request for Lot Line Adjustment approval at the subject property and have found that additional information is required to continue my review. Therefore, the application has been deemed incomplete at this time. Please submit the following information for further consideration: 1. The lot line adjustment will involve the relocation of a boundary line over two (2) different Zone Districts and General Plan designations (i.e. R -1- 40,000 & Hillside Residential /Residential Very Low Density & Residential Hillside Conservation) . In order to process this request, the City's General Plan and Zoning Ordinance will need to be amended. Please fill out the enclosed applications and return them to my attention. The City Council has determined that the fees for each application is $2,530. Therefore, a $5,060 fee will be required upon submittal of both applications. 2. The technical information on the Tentative Map indicates that the proposed area for Parcel B would be .88 acres or 38,333 square feet. The minimum lot size required for the zoning district for which I assume you are proposing'to amend is 40,000 square feet. Therefore, the site area should be increased to be consistent with the minimum standards prescribed for the R -1- 40,000 zoning district. 3. Are the lot sizes for Parcels A and B determined to be gross or net site calculations? If they are determined to be only gross, please submit the net site areas as well. Printed on recycled paper. File No. LL -95 -002; 13570 Pierce Road 4. Page 5 of the title report for Parcel A is not entirely legible. Please submit a new page. 5. Two (2) weeks prior to the meeting date, please submit 13 reduced sets of the map (11" X 17 11) . If you have any questions or comments regarding the above information, please feel free to contact me at 867 -3438 ext. 230. Sincerely, PLC l PAUL KERN AN Assistant Planner