HomeMy WebLinkAbout09-05-2006 City Council Agenda Packet
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CITY OF SARA TOGA
CITY COUNCIL
SITE VISIT AGENDA
TUESDAY, SEPTEMBER 5, 2006
3:00 P.M.
ROLL CALL
REPORT OF THE POSTING
AGENDA
1. Application 07-040 - Appeal of Planning Commission's Design
Review Approval of Application #04-359 , Which Proposes a New
Home at 19930 Sunset Drive I
2. Appeal of the Community Development Director's Decision
Concerning the Paint Color at 19418 Redberry Drive
ADJOURNMENT
In compliance with the Americans with Disabilities Act (ADA), if you need special
assistance to participate in this meeting, please contact the City Clerk at (408) 868-1269.
Notification 48 hours prior to the meeting will enable the City to make reasonable
arrangements to ensure accessibility to this meeting (28 CFR 35.102-35.104 ADA Title
II)
Certificate of Posting of Agenda:
1, Cathleen Boyer, City Clerk for the City of Saratoga, declare that the foregoing agenda
for the meeting of the City Council of the City of Saratoga was posted on September 1,
2006 at the office of the City of Saratoga, 13777 Fruitvale Ave., Saratoga, CA 95070 and
was available for public review at that location. The agenda is also available on the
City's webs' at www.saratoJ!a.ca.us
AHCl-lIVF COpy
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AGENDA
REGULAR MEETING
SARATOGA CITY COUNCIL
\,..t
SEPTEMBER 6, 2006
STUDY SESSION WITH PLANNING COMMISSION - 5:30 P.M.
SARATOGA COMMUNITY CENTER
SENIOR CENTER, 19655 ALLENDALE A VENUE
I. Review of Preliminary Proposal for a Future Mixed-Use Development on an
Approximately 1.38 Acre Site that Consists of 4 Contiguous Parcels at 14428,
14440, and 14460 Big Basin.
CLOSED SESSION- 6:30 P.M. - ADMINISTRATIVE CONFERENCE ROOM,
13777 FRUlTV ALE AVENUE
ANNOUNCEMENT OF CLOSED SESSION ITEMS
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Existing Litigation - Alburez v. City of Saratoga et a!. (Santa Clara County Sup. Ct. Case
No. 10CV065839) (Gov't Code 54956.9(a).)
Significant Exposure to Litigation (1 case) (Gov't Code 54956.9(b).)
REGULAR MEETING -7:00 P.M. - CIVIC THEATER/COUNCIL CHAMBERS
AT 13777 FRUITV ALE AVENUE
PLEDGE OF ALLEGIANCE
ROLL CALL
REPORT OF CITY CLERK ON POSTING OF AGENDA
(Pursuant to Gov't. Code 54954.2, the agenda for this meeting was properly posted on
August 31, 2006.)
COMMUNICATIONS FROM COMMISSIONS & PUBLIC
Oral Communications on Non-Al!endized Items
Any member of the public will be allowed to address the City Council for up to three (3)
minutes on matters not on this agenda. The law generally prohibits the council from
discussing or taking action on such items. However, the Council may instruct staff
accordingly regarding Oral Communications under Council Direction to Staff.
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Oral Communications - Council Direction to Staff
Instruction to Staff regarding actions on current Oral Communications.
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Communications from Boards and Commissions
Report from Planning Commisison.
Council Direction to Staff
Instruction to Staff regarding actions on current Communications ji'om Boards &
Commissions.
ANNOUNCEMENTS
None
CEREMONIAL ITEMS
IA. Commendation Honoring Boy Scout Troop 566
Recommended action:
Present commendations.
IB. Proclamation - Declaring November 9, 2006 as "Lung Cancer Awareness Day" in
Saratoga
Recommended action:
Present proclamation.
. SPECIAL PRESENTATIONS
2A. Phil Hartley, West Valley College President - Resolution Proclaiming September
14, 2006 as "City of Saratoga Day at West Valley College"
Recommended action:
Accept resolution.
CONSENT CALENDAR
The Consent Calendar contains routine items of business. Items in this section will be
acted in one motion, unless removed by the Mayor or a Council member. Any member of
the public may speak to an item on the Consent Calendar at this time, or request the
Mayor remove an item from the Consent Calendar for discussion. Public Speakers are
limited to three (3) minutes.
3A. Approve City Council Amended Minutes July 6, 2006
Recommended action:
Approve amended minutes.
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3B. Approve City Council Minutes August 2, 2006
Recommended action:
Approve minutes.
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3C. Check Register for 07/11/2006
Recommended action:
Accept register.
3D. Check Register for 07/25/2006
Recommended action:
Accept register.
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3E. Treasurer's Report for the Month Ended June 2006 (Unaudited)
Recommended action:
Approve report.
3F. Budget Amendment for Three Library Expansion Projects
Recommended action:
1. Accept the report.
2. Adopt the resolution approving the amendments to the FY 2006-07
Library Capital Expansion Project Fund.
3G. Motor Vehicle (MY) Resolutions Prohibiting Parking
Recommended action:
1. Move to adopt Motor Vehicle Resolution prohibiting parlGng on a portion of
Cox Avenue.
2. Move to adopt Motor Vehicle Resolution prohibiting parking along a
portion of Glen Brae
3. Move to adopt Motor Vehicle Resolution prohibiting parking along Blaney
Plaza
3H. Renewal of Traffic Signal Maintenance Contract for Republic Electric
Recommended action:
Renew contract with Republic Electric for the continued monthly maintenance
and on-call repair of Saratoga traffic signals.
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31 Highway 9 & Oak Place Pedestrian Improvements - Award of Contract
Recommended action:
1. Cancel existing contract with George Bianchi Construction.
2. Award new contract with George Bianchi Construction.
3J. Blaney Plaza Improvements - Changes to Existing Contract
Recommended action:
Approve additional scope of work.
3K. 2006 Pavement Maintenance Program - Award of Contract
Recommended action:
A ward contract to Graham Contractors.
3L. Resolution Delegating Authority to City Manager to Execute Funding Agreements
with the Califomia Department of Transportation
Recommended action:
Adopt resolution delegating authority to City Manager to execute funding .
agreements made between the City and the California Department of
Transportation.
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PUBLIC HEARINGS
4.
Application 07-040 - Appeal of Planning Commission's Design Review Approval
of App]ication #04-359, Which Proposes a New Home at ]9930 Sunset Drive
Recommended action:
Conduct public hearing. Uphold the Planning Commission d(~cision and deny the
appeal filed in application 07-040, and grant Design Review approval of
application 04-359 subject to conditions.
5. Appeal of the Community Deve]opment Director's Decision Concerning the Paint
Color at 194] 8 Redberry Drive
Recommended action:
Deny the appeal thereby upholding the administrative decision made by the
Community Development Director.
6. Consideration of Report on Interim Moratorium on Uses Inconsistent with Prior
Design Review Approval
Recommended action:
]. Refer to the Planning Commission a proposed ordinance that prohibits uses
that are inconsistent with prior design approvals for recommendation back
to City Council; or
2. Direct staffto prepare an refer to the Planning Commission a proposed
ordinance that authorizes the Planning Commission to impose permanent
design review conditions on a case-by-case basis; or
3. Direct staff to allow the urgency ordinance to expire on its own terms on
November 20, 2006.
7.
Capital Improvement Plan (CIP) - Fiscal Year 06-07 Update- Public Hearing and
Environmental Impact Assessment
Recommended action:
]. Receive report, conduct Public Hearing, and provide clirection to staff.
2. Adopt attached Environmental Impact Assessment for new Cll' projects
(Attachment 2).
3. Adopt Resolution amending the Fiscal Year 06/07 Budget reflecting
Council direction from the July 19th and August 2nd City Council Meetings
(Attachment 3).
4. Adopt final CIP Project list (Attachment 4).
OLD BUSINESS
None
NEW BUSINESS
8. Review ofthe Administrative Design Review Process
Recommended action:
Accept report and direct staff accordingly.
9.
Resolution Supporting the Tobacco Tax Act of2006
Recommended action:
Adopt resolution.
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10. Agreement Concerning Joint Use of West Valley-Mission Community College
District Property
Recommended action:
Approve agreement with West Valley-Mission Community College District for
use of District Property and authorize City Manager to execute the same.
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ADHOC & AGENCY ASSIGNMENT REPORTS
Mavor Norman Kline
Association of Bay Area Government
Chamber of Commerce
Library Joint Powers Association
Hakone Foundation
Santa Clara County Emergency Preparedness Council
Valley Transportation Authority PAC
West Valley Mayors and Managers Association
TEA AdHoc
Vice Mavor Aileen Kao
County Cities Association Legislative Task Force
Santa Clara County Cities Association
County HCD Policy Committee
SASCC
SASCC AdHoc
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Council member Nick Streit
Recycling & Waste Reduction Commission ofSCC
Santa Clara County Valley Water Commission
West Valley Solid Waste Joint Powers Association
West Valley Sanitation District
City/School AdHoc
Councilmember Ann Waltonsmith
KSAR Community Access TV Board
Northem Central Flood Control Zone Advisory Board
Saratoga Historic Foundation
Sister City Liaison
CounciJmember Kathleen Kinl!:
Peninsula Division, League of Califomia Cities
SCC Cities Association-Joint Economic Development Policy Committee (JEDPC)
Village AdHoc
CITY COUNCIL ITEMS
CITY MANAGER'S REPORT
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ADJOURNMENT
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In compliance with the Americans with Disabilities Act (ADA), if you need special
assistance to participate in this meeting. please contact the City Clerk at (408) 868-1269.
Notification 48 hours prior to the meeting will enable the City to make reasonable
arrangements to ensure accessibility to this meeting (28 CFR 35.102-35.104 ADA Title
11)
Certificate of Posting of Agenda:
1, Cathleen Boyer, City Clerk for the City of Saratoga. declare that the foregoing agenda
for the meeting of the City Council of the City of Saratoga was posted on August 1, 2006,
City of Sarat . a, 13777 Fruitvale Ave., Saratoga, CA 95070 and was available for public
n;l1tew t that location. The agenda is also available on the City's website at
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\'l~WlV.S ,010 b.ca.
is If' day of August, 2006 at Saratoga, California.
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CITY OF SARATOGA ~
CITY COUNCIL MEETING CALENDAR 2006 ~
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9/20
Regular Meeting
10/4
10/18
Regular Meeting
Regular Meeting
11/1
11/15
Regular Meeting
Regular Meeting
12/6
Regular Meeting - Joint Meeting with Planning Commission - Council
Reorganization
Regular Meeting - Joint meeting with Heritage Preservation Commission
12/20
1/3
1117
Regular Meeting
Regular Meeting
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Memorandum
TO:
Members ofthe City Council and the
Planning Commission
Lata Vasudevan, AICP, Senior Planner /!
John F. Livingstone, AICP - Department Head #tz
September 6, 2006
FROM:
MEETING DATE:
SUBJECT:
STUDY SESSION: Review of Preliminary Proposal
for a future mixed-use development on an
approximately 1.38 acre site that consists of 4
contiguous parcels at 14428, 14440 and 14460
Big Basin Way.
STUDY SESSION PROCEDURES
The applicant has requested a study session to present the propos(~d project to the City
Council, Planning Commission and the public in order to hear questions and public
comments concerning the project. During the study session, the City Council and
Planning Commission may only discuss items related to the project. The agenda does not
allow any formal votes or motions on the proposed project or other matters. The study
session is a fact-finding meeting where the City Council and Planning Commission may
discuss the item and ask questions of the applicant and hear statements from members of
the public attending the meeting.
No comments made during the study session by the City Council and Planning
Commission are binding or required to be carried through to the formal public hearing
where actions will be taken on the proposed project.
BACKGROUND
The property owner, the Frank L. Burrell ] 937 Trust, has presented to City Staff a
preliminary proposal for redevelopment of its approximately 1.38 acre site consisting of 4
contiguous parcels at ]4440, 14428 and 14460 Big Basin Way. Wells Fargo Bank is
situated on 2 parcels at 14428 Big Basin Way. The existing Saratoga Village Center is
situated on another parcel at 14440 Big Basin Way and consists of a one-story building in
Page 1 of8
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an L-shaped configuration, and a parking lot in front with direct access from Big Basin
Way. This shopping center has several small business establishments such as a \"...f
convenience store, shoe store, bakery and a drycleaners. The fourth parcel has a retail
establishment and a fitness center in one building. The properties surrounding these 4
parcels include single-story retail, personal service and restaurant uses across the street
on Big Basin Way and residential multi and single-family dwelling units situated on
properties behind the 4 parcels, along Oak Street.
PRELIMINARY PROPOSAL
The preliminary proposal is called 'Saratoga Village Mixed Use Project' and would
include approximately 13,500 square feet of ground floor shops and restaurants. Above
this commercial level would be two levels of residential for sale units. Two additional 3-
story buildings with entirely residential for sale units would be situated behind a central
courtyard space. This project proposes a total of 45 housing units that would vary in size,
but would average approximately 1,300 square feet in area. The proposed square footage
of all the units combined would be approximately 58,500 square feet. The plans also
show two levels of underground parking with a total of approximately 150 stalls. The
proposed underground parking area is extensive and appears to cover approximately 75%
of the total project site area. The preliminary plans also show that the proposed buildings
would be in a 1920's California courtyard design. Sheet AO of the preliminary plan set
shows the various architectural elements that are proposed for the new development.
In general, applicants for proposed projects are required to submit all application \"""
materials, including but not limited to complete sets of detailed plans. The application is
usually submitted with the applicant's assurance that the proposal as submitted is
consistent with the City Code. However, in this proposal, the property owner is aware
that project is inconsistent with the City Code. As such, preliminary plans have been
submitted for this project so that input may be obtained from the Planning Commission
and the City Council in a study session environment. The property owner may proceed in
submitting a complete application including a request for appropriate amendments to the
City Code and other relevant policies. In the section below, Staff has prepared a 'Parcel
Profile,' which outlines the development requirements as they relate to the proposed
project. In areas where this proposal is inconsistent with the City Code, Staff has
included a discussion on the actions the City must undertake to establish project
compliance with the City Code.
PARCEL PROFILE
Please note that the following analysis reflects a preliminary assessment of applicable
City plans, policies, and ordinances based on staffs understanding of the current status of
the property, the potential development concept, and the Saratoga Municipal Code and
General Plan in effect at the time the analysis was prepared. The information in this
profile is advisory only. Note that General Plan policies and Municipal Code provisions
not referenced in this report may apply to the property and that the Municipal Code and
General Plan referenced in preparing this report are subject to change. \"",I
Page 2 of 8
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1. Property addresses and APN: 14440, 14428 and 14456 Big Basin Way. APN:
517-09-014,517-09-015,517-09-046 and 517-09-047
2. Current Owner: Frank L. Burrell 1937 Trust
3. General Plan Designation: CR - Retail Commercial
4. Zoning Designation: CH-I
5. Estimated Lot Size: 1.38 acres
6. Current Use of the Properties: The Saratoga Village Center is situated on I
parcel and has single-story building with several tenants including but not limited
to a convenience market, shoe store and drycleaners. A Wells Fargo Bank is
situated on 2 parcels, and a personal service and retail establishment are situated
on a 4th contiguous parcel. All 4 parcels are proposed for redevelopment as
presented in the attached preliminary plans.
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7. Potential Proposed Use of the Property: Mixed-use development consisting of
four buildings and two levels of underground parking. The front two buildings
would have retail/restaurant uses at the ground floor level and two levels of
residential for sale units above. The two buildings atllhe rear half of the property
would be three stories and entirely residential for sale units. There would be a
total of approximately 13,500 square feet of commercial space and a total of
approximately 58,500 square feet of for sale residential units. There would be 150
underground parking spaces.
8. Is Proposed Use Permitted under current Zoning Code requirements?: No.
Pursuant to City Code section l5-19.050(b)(4), mixed-use development is a
conditionally permitted use and shall conform to the mixed-use standards found in
Article 15-58. This Article was adopted by the City in 2004 to implement
Program 1.2 of the Housing Element of the General Plall. The goal of these
standards is to establish requirements that are suitable for the development oflow
and moderate income rental housing in a mixed-use environment and to protect
commercial development. Several of the mixed-use standards include incentives
for the provision of low and very low income rental housing. These standards are
consistent with Program 2.1 of the Housing Element and the objective of the
overall Housing Element which aims to increase the supply of affordable housing
and housing options in Saratoga. The mixed-use standards stated in 15-58.020 are
listed below, along with a discussion of the proposed Saratoga Village Mixed Use
Project's level of compliance with each of the standards:
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(a) The maximum density is twenty dwellings per net acre. The proposed project is
not consistent with this requirement. Based on the estimated site area of 1.38
Page:3 of8
acres, the maximum number of dwelling units allowed pursuant to this density
requirement would be approximately 28 dwelling units. This project proposes 45
dwelling units.
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(b) The dwelling unit(s) shall be located either on the second floor or at the rear
of the parcel. The proposed project is consistent with this requirement.
(c) The dwelling unit(s) shall not comprise more than fifty percent of the total
floor area of all buildings on the site. The maximum floor area allowed may be
increased by ten percent for projects providing below market rate rental housing.
The proposed project is not consistent with this requirement. The total proposed
floor area of all structures (excluding the basement) would be approximately
72,000 square feet. Therefore, according to this standard, the total square footage
of the dwelling units can be no more than 36,000 square feet. However, the
project proposes approximately 58,500 square feet of dwelling units, which is
equivalent to 8 I % of the total floor area of all proposed structures.
(d) Parking for both the non-residential and the dwelling unit(s) shall be as
specified in the Zoning Ordinance, provided that the Planning Commission may
consider shared parking in some cases. The total square footage of the project is
approximately 72,000 square feet and the project proposes 150 on site parking
spaces. This project consisting of 45 multi-family dwelling milts would require
113 on site parking spaces plus 68 on site parking spaces for the proposed ground _
floor commercial (assuming all of the uses are retail) for a total on site parking ,.
requirement of 181 parking spaces (translating, for this project to an effective
requirement of one space for each 398 square feet of floor area). This leaves a
deficiency of31 spaces which is equivalent to 12,331 square feet. The deficiency
of 12,331 square feet can be deducted from the "surplus floor arean/parking
spaces in the Village of 40,890 square feet if the City determines that this is an
appropriate approach to interpreting the parking requirements. In this respect, the
proposed project may be consistent with this requirement.
The above analysis of the parking demands of the proposed project is based on a
review of the on site parking requirements that would have applied to this project,
prior to the recent amendments which relaxed all parking requirements in the CH
districts. The previous parking requirements are stated in City Code Section 15-
35.030 and are still effective for all other zoning districts besides the CH districts.
The recently amended City Code Section 15-35.020(k), identifies that the current
parking availability in the Village can accommodate 41,850 square feet of
'surplus floor area' beyond what was existing on March 1, 2006. So far, one
business establishment, Planet Juice, has consumed 960 square feet.
(e) Perimeter fencing shall be required to the maximum height allowed in the
Zoning Ordinance. Given that the submitted plans are preliminary, this proposed
project can not be evaluated with regard to this standard.
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Page 4 of8
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(j) Each dwelling shall have private, usable outdoor space, i.e. decks, balconies,
yards or patios. Given that the submitted plans are preliminary, this proposed
project can not be evaluated with regard to this standard.
(g) The maximum height of a mixed-use structure shall be twenty-six feet.
Structures that are solely non-residential on a site that has mixed-use, the
maximum height is as is it is stated in the underlying zoning. The proposed project
may not consistent with this requirement. Although the preliminary plans do not
provide scaled elevation drawings, it can be assumed that the proposed height of
each of the four buildings would typically be taller than 26 feet in height, based
on the combined heights of each of the proposed three stories. In staffs
experience, three story buildings are generally 30 to 35 feet in height.
(h) The design of mixed-use projects will be required to conform to the policies
and techniques of the Residential Design Handbook and any other design
standards in place for the area of application. Given that the submitted plans are
preliminary, the proposed project can not be fully evaluated in relation to this
standard. Nevertheless, the proposed sketch of the fas:ade shows articulation and
the use of architectural features that are consistent with the techniques in the
Residential Design Handbook to minimize the perception of bulk.
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(i) Overall site coverage may be increased up to ten percent for projects
containing deed restricted below market rate housing units. This standard would
not apply to this proposed project because deed restricted below market rate
housing units are not proposed.
(j) Mixed-use projects shall have sound walls and landscape screening in order to
protect the privacy and quality of life of abutting single-family residential lands
uses. Given that the submitted plans are preliminary, Staff assumes that the
proposed project would be consistent with this requirement based on the proposed
trees shown on Sheet AI that run along the property :line shared with the
residences to the rear on Oak Street.
(k) The residential component of a mixed-use project shall be rental. The
individual dwelling units shall range in size from eight hundred fifty square feet
for one bedroom units to one thousand two hundred fifty square feet for three
bedroom units sequent mixed-use development. Thl~ proposed project is not
consistent with this requirement in that only for sale dwelling units are proposed.
(I) Projects with multiple stories shall be reviewed to ensure that design features
such as setbacks and window placement provide adequate privacy protection.
Given that the submitted plans are preliminary, Staff canno!1 conunent on project
compliance with this requirement.
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(m) Non-residential structures or parcels created or developed as part of a
previous Mixed-Use Development or multi-family development may not be
Page 5 of8
redeveloped as a Mixed-Use Development at a greater density or intensity of use.
This requirement does not apply to the proposed development.
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(n) Smaller Mixed-Use projects (twenty or fewer dwelling units) must pay an in
lieu fee for park construction. This requirement is not applicable to the proposed
proj ect.
(0) In larger Mixed-Use projects (more that twenty dwelling units) either the
developer must pay an in lieu fee for park construction or construct common,
useable open space on site at the discretion of the Planning Commission based on
the vicinity of existing public parks. This is a requirement that would apply to the
proposed project.
Conclusion and Necessary Actions for Proiect Compliance
As discussed above, the proposed project is significantly inconsistent with the
mixed-use standards of the City Code. For project compliance with the City Code,
a General Plan Amendment modifying the Housing Element and the General Plan
Land Use Map would be required. A Zoning Text Amendment of Article IS-58
would also be required to maintain consistency with the amended Housing
Element.
9. Setback Requirements: There are no setback requirements in the CH-I zoning
district.
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10. Height Restriction: Please refer to the discussion above under item #8. The CH
zoning districts and its regulations stated in City Code section 15-19.050 were
adopted to implement the Saratoga Village Plan. Although section 15-19.050(i)
allows structures of up to 35 feet in the Village, the more restrictive standards of
section 15-58.020(g), allowing a maximum of 26 feet in height, apply to mixed-
use projects. Although Section 15-58.020(g) is more restrictive in terms of height,
it does not limit projects to two stories as required in City Code section 15-
19.050(i).
11. Floor Area Restriction: There are no floor area restrictions in any C zoning
district.
12. Site Coverage Restriction: Pursuant to City Code Section 15-19.050(e)(I), the
maximum net site area covered by structures is eighty percent. Although no
coverage figures have been provided in the preliminary plans, it appears on the
site plan shown on sheet Al that this requirement is being met because of the
proposed courtyard area.
13. Parking Requirements: Please see discussion above in item #8.
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Page 6 of8
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14. Historic Issues: The Saratoga Village Center was constructed in 1955 and is not
on the City's Heritage Resources Inventory. In general, if a structure is over 50
years in age, the project proposal may require review from the City Heritage
Preservation Commission. The Heritage Preservation Commission may in turn
require a detailed analysis of the property from a historian, or may determine that
the property is not of any historic value. The City has not received any
information to date that would indicate that the Saratoga Village Center is of
historical significance. The other two structures - the Wells Fargo Bank. building
and the structure containing the retail/personal service establishments on the
contiguous 3 parcels- were built after 1955 and are of no historical sigllificance.
15. Applicable Design Restrictions: The proposed project would have to be
consistent with the design criteria stated in City Code Section 15-46.040 and the
Village design standards stated in the Saratoga Village Design Guidelines. The
submitted plans are too preliminary to fully comment on its design in relation to
these documents.
16. CEQA Requirements: This proposed project is not categorically exempt from
the Califomia Environmental Quality Act [CEQA]. Therefore, an environmental
assessment in the form of an Initial Study is required as the first step in the CEQA
process.
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17. Other Special Regulations: Since a basement is proposed in this project,
compliance with City Code section 15-80.035 is required. The proposed project is
inconsistent with 15-80.030(a), which states:
A basement shall be located entirely beneath the building footprint of an enclosed
accessory structure and/or the building footprint of the main structure, including
attached garage, and shall not be located within any required yard.
The proj ect proposes a two level basement parking area that is also under the
courtyard area and not entirely within the footprint of a structure. The project is
also inconsistent with l5-80.030(c), which states:
A basement shall be a one level structure with a maximum floor to ceiling height
of twelve feet. Floor, in this case, means finished floor, and ceiling means the
bottom level of the ceiling framing members.
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18. Required Entitlements: Approval of this proposed project would require several
entitlements, including but not limited to: (1) A General Plan Amendment of the
Housing Element and Land Use Map; (2) A Zoning Text Amendment of the
Article 15-58 Mixed-Use Development Standards; (3) A Zoning Text
Amendment of 15-80.035 Requirements for Basements and Lightwells; (4)
Environmental Review pursuant to CEQA requirements; (5) Design Review
approval; and (6) Conditional Use Permit approval.
Page 7 of8
CONCLUDING REMARKS
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Staff suggests that the City Council and the Planning Commission consider the above
discussion regarding project consistency with the General Plan and Chapter 15 Zoning
Regulations of the City Code and provide input to the property owner by discussing this
preliminary proposal in light ofthe desired future development of the Village.
ATTACHMENTS
1. Copy of Parcel Map.
2. Project Description and Preliminary Project Plans dated August 14,2006.
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Attachment 1
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SARA TOGA CITY COUNCIL
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MEETING DATE: September 6, 2006
AGENDA ITEM:
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CITY MANAGER: ez::;~
PREPARED BY:
DEPT HEAD:
Cathleen Bover. City Clerk
Dave Anderson. City Manaper
SUBJECT: Proclamation Declaring November 9,2006 as "Lung Cancer
Awareness day"
RECOMMENDED ACTION:
Present proclamation.
REPORT SUMMARY:
The attached proclamation declares November 9, 2006 as "Lung Cancer Awareness Day" in the
City of Saratoga.
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The following representatives from the American Cancer Society will be present to accept the
proclamation: Bonnie J. Addario, Sheila Von Driska, and Tracie Klein.
FISCAL IMPACTS:
N/A
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
N/A
ALTERNATIVE ACTION:
N/A
FOLLOW UP ACTION:
N/A
ADVERTISING, NOTICING AND PUBLIC CONTACT:
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Posting of the agenda.
ATTACHMENTS:
Attachment A ~ Copy of proclamation.
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CITY OF SARATOGA
PROCLAMATION
DECLARING NOVEMBER 9, 2006
"LUNG CANCER AWARENESS DAY
WHEREAS, in honor of The Bonnie J. Addario A Breath Away from the Cure
Foundation, the City Council hereby declares November 9th Lung Cancer Awareness
Day in Saratoga from now until the day when no one has to suffer from lung cancer;
and
WHEREAS, the dedicated efforts of The Bonnie J. Addario A Breath Away
from the Cure Foundation and SIMPLY THE BEST doctors, community leaders and
individuals who have joined to eradicate lung cancer through research, screening,
education, prevention and treatment are greatly commended; and
WHEREAS, the Saratoga City Council wish each and every one of you
continued success as you strive to make early detection and screening a national
priority so that survival rates increase as much as possible.
NOW, THEREFORE BE IT RESOLVED that the City of Saratoga officially
endorses November 9,2006 as
LUNG CANCER AWARENESS DAY IN SARATOGA
WITNESS OUR HAND AND THE SEAL OF THE CITY OF SARATOGA on
this 6th day of September 2006.
Norman Kline, Mayor
Saratoga, California
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SARATOGA CITY COUNCIL
ORIGINATING DEPTJ.- C~ Manager's Office
PREPARED BY: ~~
Cathleen Bover. City Clerk
CITY MANAGER:
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MEETING DATE: September 6, 2006
AGENDA ITEM:
DEPT HEAD:
Dave Anderson. City Manal!er
SUBJECT: Presentation - West Valley College President, Phil Hartley
RECOMMENDED ACTION:
Accept resolution.
REPORT SUMMARY:
West Valley College President, Phil Hartley will present to the City Council a resolution
proclaiming September 14, 2006 as "City of Saratoga Day at West Valley College".
.-.
FISCAL IMPACTS:
N/A
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
N/A
ALTERNATIVE ACTION:
N/A
FOLLOW UP ACTION:
N/A
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Posting of the agenda.
ATTACHMENTS:
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None
SARATOGA CITY COUNCIL
--
MEETING DATE: September 6, 2006
AGENDA ITEM:
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ORIGINATING DEPT: City Manager' Office CITY MANAGER:
DEPT HEAD:
PREPARED BY:
Dave Anderson, City Manager
SUBJECT: City Council Minutes - Amendment
RECOMMENDED ACTION:
Approve amended minutes.
REPORT SUMMARY:
The minutes of the July 6, 2006 were approved on July 19, 2006. Staffis requesting that Council
approve the addition sentence to the public comments made by Jeff Schwartz comments (page 4
bold and underlined).
.~.
FISCAL IMPACTS:
N/A
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
N/A
ALTERNATIVE ACTION:
N/A
FOLLOW UP ACTION:
Retain minutes for legislative history.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
N/A
ATTACHMENTS:
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Attachment A - Minutes July 6,2006 - Amended
MINUTES
f
SARA TOGA CITY COUNCIL
SPECIAL MEETING
JULY 6, 2006
~
The City Council conducted a site visit at 5 :00 P.M. at Blaney Plaza - Highway 9 &
Saratoga-Sunnyvale Road. At the meeting City Council directed staff to move forward
with improvements at Blaney Plaza. Work includes demolition of existing hardscape to
improve ADA access and landscaping improvements for beautification. Additional
improvements include small sitting tables with chess boards, benches, and rehabilitation
of existing retaining walls. In order to complete the improvements to the Plaza prior to
September 1 ",2006, Council directed staff to be the general on the project.
Mayor Kline called the Special City Council meeting to order at 6:00 p.m.
ROLLCALL
PRESENT:
Councilmembers Kathleen King, Nick Streit, Ann Waltonsmith,
Vice Mayor Aileen Kao, Mayor Norman Kline
None
Dave Anderson, City Manager
Barbara Powell, Assistant City Manager
Cathleen Boyer, City Clerk
Michele Braucht, Administrative Services Director
John Livingstone, Community Development Director
John Cherbone, Public Works Director
Joan Pisani, Recreation Director
....,/
ABSENT:
ALSO
PRESENT:
REPORT OF CITY CLERK ON POSTING OF AGENDA FOR JULY 6. 2006
Cathleen Boyer, City Clerk, reported that pursuant to Government Code Section 54954.2,
the agenda for the meeting of July 6,2006, was properly posted on June 29, 2006.
ORAL COMMUNICATIONS
The following people requested to speak at tonight's meeting:
Citizen Ray reported a dead pine tree at Fruitvale and Big Basin Road and two at Quito
and Sobey Road. Citizen Ray also noted that he supported soccer fields at Kevin Moran
Park.
Kathleen Casey stated that she feels the Village Plan is not acceptable and would not
support a plan similar to Santana Row. Ms. Casey requested that Oak Street be dedicated
to Olivia de Havilland. Ms. Casey also requested that the Finance Commission be
reestablished.
....,/
Minutes
I
July 6, 2006
COUNCIL DIRECTION
Responding to Citizens Ray's comments, Councilmember Walton smith requested staff
follow up on the dead trees. In regards to Ms. Casey's comments, Councilmember
Waltonsmith noted that the Oak Street issue was at the Heritage Preservation
Commission. In regards to the Village Plan, Councilmember Waltonsmith noted that a
committee has been reviewing the Plan.
ANNOUNCEMENTS
Due to the recent news of traces of the West Nile Virus in the Golden Triangle, Mayor
Kline announced that tonight from midnight to 4:00 a.m. Vector Control would be
spraying that area.
NEW BUSINESS
I. ALLOCATION OF ONE-TIME FUNDS
STAFF RECOMMENDATION:
Accept report and allocate funds in accordance with priority setting exercise.
Michele Braucht, Administrative Services Director, presented staffreport.
Director Braucht explained that on May 3, 2006 during the public hearing on the FY 2006-07
operating budget, Council requested that the allocation of one-time funds be addressed at a
separate meeting and not be included in the FY 2006-07 budget process.
Director Braucht stated that there were three unique one time sources of revenue discussed in this
section. The first is from the State of Califomia and is a repayment of the VLF fee distribution to
the city that was suspended for the months of Aug-Oct in FY 2003-04; $516,900. The second is a
staggered repayment by the State of California in the amount of $260, I 00 per year in both FY
2005-06 and FY 2006-07 that was "borrowed" from the cities and referred to as ERAF III
Deduction. The third source of one time revenues is from the Association of Bay Area
Governments (ABAG) for reimbursement of statutory disability payments from 1989 to 2005,
with interest earnings in the amount of $ I 76,400.
Source of One-Time Funds:
FY 2005-06 One Time State VLF Reimbursement
FY 2006-07 State Repayment of "Take-Away"
ABAG Workers Compensation Settlement
Total
$516,900
$520,200
$176.400
$1,213,500
Director Braucht stated that as shown in the following table, $322,600 of these one time funds are
recommended to be allocated to one time reserves, and prior City obligations. An allocation of
$260,100 to the Economic Reserve for Uncertainty would restore the balance to $t,500,OOO.
Using $65,200 to set up a retiree's medical benefit account would bring the account current as of
June 30, 2006.
Minutes
2
July 6, 2006
Allocation to Reserves and Trust Account
One Time source of Funds
Less:
Restore Economic Reserve for Uncertainty to $t ,500,000
Fund Retiree's Medical Benefit Account for FY 2001-2006
Remaining One Time Funds
1,213,500
(260,100)
(62,500)
890,900 -
Director Braucht stated that with no action on the part of Council the remaining balance of
$890,900 would be added to the General Fund un designated fund balance.
City Clerk Boyer stated that staff recommends that Council take the follow steps to determine the
allocation of one-time funds:
1. Accept Public Testimony
2. Record Request for Funds From the Public
3. Council Questions/Discussion
4. Council Generated ltems
5. Priority Setting Exercise (dot voting)
6. Threshold Determination
7. Conclusion
The following people requested to speak on this item:
Christine Wasmund, Director ofKSAR 15, requested that the City Council allocate $21,000 for
the following projects:
. Old Council and Planning Commisison tapes conversion to DVD
. DVD conversion to streaming video
. Real time indexing of City Council meetings
. Video services of special events
Rilene Simpson, Chamber of Commerce, requested that the City Council allocate $20,000 for the
following projects:
. City purchase 2,500 copies of Map of Saratoga
. Celebrate Saratoga out of pocket expenses
. City sponsorship for new Celebrate Saratoga Teen Area
Genie Dee, Director of SASCC, requested that the City Council allocate $54,320 for the following
projects:
. Replacement of chairs and tables in the Adult Care Center
. New storage area
. Computer lab upgrades
. Renovations to the Adult Care Center
Bruce Euler suggested that the Council allocate funds towards street maintenance.
Lon Saavedra, Executive Director of Hakone Foundation, requested that the City Council allocate
$250,000 to help build a visitor center.
Minutes
3
July 6, 2006
Marilyn Marchetti representing SVDC, requested that the City Council allocate funds to help
replace news racks and the directory, flower pots, and install a public bathroom in the Village.
Mary Robertson suggested that the Council allocate funds towards the following:
. Roads
. Adult Care Center
. Dare program
. Bring back the quarterly publication of the Saratogan
. Restore City Commissions
. North Campus maintenance
. Bathroom Upgrade at the North Campus
Jeff Schwartz suggested that the Council allocate funds towards building renovations at the North
Campus. Mr. Schwartz also requested that the City Allocate $250K of the $890K funds be set
aside for adult !!ame field at alternative soccer field Iocations'~
Marci Hayden, Director of City Relations of the Wildlife Center of Silicon Valley, requested
$10,000 for the following projects:
. Animal intensive care units
. Animal care exposed to the West Nile Virus
Peter Marra requested that Council install a permanent Sigrl at the North Campus.
Kathleen Casey suggested that Council allocate funds towards the following items:
. Open Space
. Creek clean up
Cheriel Jensen requested that Council allocate funds towards the following projects:
. North Campus
. Hard wood floor in the recreation classrooms
. Teen Center
Priscilla Ho reported stagnate water at the railroad crossing at Cox Avenue. Mrs. Ho expressed
her concem about the possibility of mosquitoes becoming a problem at that location Ms. Ho
requested that Council allocate money to remedy this problem.
Mike Story noted that he supported North Campus building renovations.
Marty Goldberg noted that he supported one time funds to go towards the following projects:
. North Campus
. Restore City Commissions
. Roads
. Senior and Teen Center
Citizen Ray suggested funds be allocated for improvements on Highway 9 @ Aloha Avenue.
Minutes
4
July 6, 2006
KLINE/WALTONSMITH MOVED TO ALLOCATE $260,100 TO RESTORE ECONOMIC
RESERVE FOR UNCERTAINTY AND $62,500 TO FUND RETIREE'S MEDICAL
BENEFIT ACCOUNT FY 2001-2006. MOTION PASSED 5-0.
A discussion took place amongst the Council to decide how to allocate $890,000 of the remaining
one time funds.
Councilmembcr Streit suggested allocating $800,000 to future capital improvement projects and
continuing the discussion at the July 19th meeting when staff will present the CIP and allocate
$90,900 towards third party requests.
At 8:10 p.m. Councilmember Streit excused himself from the meeting.
Vice Mayor Kao expressed her opposition of Councilmember Streit's suggestion of placing the
$800,000 in the CIP.
A discussion took place regarding the allocation of $90,900 to the 3rd party requests for funding.
Mayor Kline suggested cutting the Wildlife Center's request of $5,000 to purchase incubators and
fund all other requests at 90% stating that it would total $90,900.
Councilmember King noted that she supported Mayor Kline's suggestion.
KAO/KLINE MOVED TO FUND 3RD PARTY REQUEST AT 90% OF THE FUNDS
REQUESTED, WITH THE EXCEPTION OF THE WILDLIFE CENTER'S REQUEST 0"
$5000 WAS NOT FUNDED. MOTION PASSED 3-0-2 WITH WALTONSMITH A]\;
STREIT ABSENT. (SEE ATTACHED DRAFT SPREAD SHEET FOR SUGGESTED
FUNDING ALLOCATION)
Mayor Kline thanked everyone for attending tonight's meeting.
ADJOURNMENT
Minutes
5
July 6, 2006
SARATOGA CITY COUNCIL
.........
MEETING DATE: September 6, 2006
AGENDA ITEM:
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ORIGINATING DEPT: Ci!y Manager's Office CITY MANAGER:
DEPT HEAD:
PREPARED BY:
Cathleen Boyer,
Dave Anderson, City Manager
SUBJECT: City Council Minutes
RECOMMENDED ACTION:
Approve minutes.
REPORT SUMMARY:
Approve minutes as submitted for the following City Council Meeting:
---
Regular Meeting - August 2, 2006
FISCAL IMPACTS:
N/A
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
N/A
ALTERNATIVE ACTION:
N/A
FOLLOW UP ACTION:
Retain minutes for legislative history.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
N/A
-
ATTACHMENTS:
Attachment A - Minutes August 2, 2006
MINUTES
SARATOGA CITY COUNCIL
AUGUST 2, 2006
.....,.,
The City Council met with the Saratoga Senior Coordinating Council (SASCC) in the
Administrative Conference Room at 5:30 p.m. Councilmember King and
Councilmember Streit were absent.
The following SASCC Board members were present: President George Bunyard, AId
Okuno, Fran Wasserman, Gloria Young, Doris Volz, Mike Story, Jo Trimble, Jane
Strumar, Dave Meeker, and Executive Director Genie Dee. President Bunyard presented
an overview of SASCC operations, programs, and budget. President Bunyard indicated
that SASCC has two divisions:
. Saratoga Senior Center
. Saratoga Adult Care Center
President Bunyard stated that SASCC has 765 members and the membership fee is $25
per year. Service is proved by 120 SASCC volunteers and other members from the
community. SASCC provides over 35 programs and services.
Member Meeker reported on the Adult Care Center. Member Meeker noted that SASCC
cares for 22 adults 5 days per week. The average age cared for is over 80. Member
Meeker noted that SASCC would need a larger facility in the next five years. The Adult
Care Center serves 60 families a year. The Adult Care Center is a place where less
impendent elders can come to enjoy:
. Physical, mental and social stimulation
. A nutritious lunch program
. The special care they need
....,.,.,
President Bunyard highlighted how SASCC is funded, net assets, and investment funds.
Mayor Kline thanked the SASCC board for attending the joint meeting.
MAYOR'S REPORT ON CLOSED SESSION
Mayor Kline reported there was Council discussion but no action was taken.
Mayor Kline called the Regular City Council meeting to order at 7:00 p.m. and noted that
the meeting was dedicated to Recreation Director, Joan Pisani. Mayor Kline led the
Pledge of Allegiance.
ROLL CALL
PRESENT:
Councilmembers Kathleen King, Nick Streit, Ann Waltonsmith,
Vice Mayor Aileen Kao, Mayor Norman Kline
None
Dave Anderson, City Manager
Barbara Powell, Assistant City Manager
Richard Taylor, City Attorney
Cathleen Boyer, City Clerk
-.../
ABSENT:
ALSO
PRESENT:
Michele Braucht, Administrative Services Director
John Livingstone, Community Development Director
John Cherbone, Public Works Director
REPORT OF CITY CLERK ON POSTING OF AGENDA FOR AUGUST 2, 2006
Cathleen Boyer, City Clerk, reported that pursuant to Government Code Section 54954.2,
the agenda for the meeting of August 2, 2006, was properly posted on July 29,2006.
ORAL COMMUNICATIONS
The following people requested to speak at tonight's meeting:
Coleen Wagner spoke in regards to the speed bumps on Pierce Road. Ms. Wagner
pointed out the rude and intimidating behavior of the people who are complaining about
the bumps.
Antoinette Romeo pointed out that the Mt. Winery has increased noise in traffic through
the Pierce Road neighborhood.
Rita Witmer noted that she recently viewed the City's web site in regards to the DeAnza
Trail and found several inconsistencies and lack of accurate informallion. Ms. Witmer
also noted that the trail plan does not show the segment that is a key part of the proposed
trail, but is not able to be developed due to private property ownership issues.
Donna Poppenhagen pointed out the over the last few years the City Council has cut
many programs throughout the City such as: teen services, crossing guards, DARE
program, School Resource Office. In light of these budget cuts Ms. Poppenhagen
requested that that City abandon the DeAnza Trail from the City's project list.
Dave Mighdoll stated that the Council violated due process in regards to the July 12th
meeting. Mr. Mighdoll noted that at all interested parties should have been notified.
COUNCIL DIRECTION TO STAFF
Councilmember Waltonsmith asked when the Traffic Safety Commission would discuss
the speed bumps on Pierce Road.
Director Cherbone noted that the TSC will meet on August loth and August 24th
In regards to the DeAnza Trail, Councilmember Waltonsmith asked when the EIR would
be finished.
Director Cherbone responded that by the end of the month the EIR should be ready to be
reviewed by the public.
COMMUNICATIONS FROM BOARDS AND COMMISSIONS
Doris Volz noted that she represented SASCC. Ms. Volz reported that SASCC met in a
joint session with the Council prior to the regular meeting. Ms. Volz highlighted SASCC
programs and services. Ms. Volz announced that SASCC would be holding their annual
2
"Ice Cream Social" on August 22nd from 2 p.m. - 4:00 p.m. at the North Campus. Ms.
Volz thanked the Council for their continued support.
ANNOUNCEMENTS
None
CEREMONIAL ITEMS
lA. Proclamation Declaring September 2006 as "California Wine Month"
STAFF RECOMMENDATION:
Recommended action:
Present proclamation.
Mayor Kline read the proclamations and presented them the owners ofthree local
wineries: Kathryn Kennedy, Cooper-Garrod, and Cinnabar.
Marilyn Marchetti requested to speak on this item. Mrs. Marchetti reminded
everyone of the Progressive Wine Dinner was on September 12, 2006 and noted
space is limited.
SPECIAL PRESENTATIONS
None
CONSENT CALENDAR
2A. CHECK REGISTER
STAFF RECOMMENDATION:
Accept register.
STREIT/W AL TONSMITH MOVED TO ACCEPT CHECK REGISTER.
MOTION PASSED 5-0.
2B. ADOPTION OF AN ORDINANCE AMENDING SECTION 9-15.065 OF
THE SARATOGA CITY CODE RELATING TO VEHICLES USED AS
LIVING OR SLEEPING QUARTERS
STAFF RECOMMENDATION:
Adopt Ordinance.
ORDINANCE: 243
STREIT/W ALTONSMITH MOVED TO ADOPT ORDINANCE AMENDING
SECTION 9-15.065 OF THE SARATOGA CITY CODE RELATING TO
VEHICLES USED AS LIVING OR SLEEPING QUARTERS. MOTION
PASSED 5-0.
3
2C. AN ORDINANCE OF THE CITY OF SARATOGA AMENDING SECTION
15-12.160 OF THE SARATOGA CITY CODE RELATING TO STORAGE
OF PERSONAL PROPERTY (INCLUDING BOATS AND
RECREATIONAL VEHICLES), AND SECTION 15-95..030(B) RELATING
TO THE ENFORCEMENT OF SUCH STORAGE REGULATIONS, AND
ADDING SECTION 15-06.535 PROVIDING A DEFINITION OF
"RECREATIONAL VEHICLE"
STAFF RECOMMENDATION:
Adopt ordinance.
ORDINANCE: 244
Theresa Mills requested that this item be removed from the Consent Calendar.
Ms. Mills asked several code enforcement questions regarding the amended
ordinance.
City Attomey Taylor advised Ms. Mills to contact the City's Code Compliance
Specialist.
STREIT/W ALTONSMITH MOVED TO ADOPT ORDINANCE AMENDING
SECTIONS 15-12.160 AND 15-95.030(b) AND ADDING SECTION 15-
06.535 OF THE SARATOGA CITY CODE RELATING TO STORAGE O~'
PERSONAL PROPERTY AND MATERIALS. MOTION PASSED 5-0.
2D. RESOLUTION SUPPORTING THE APPOINTMENT OF SHAN BERRY
TO THE SANTA CLARA COUNTY COUNCIL ON AGING
STAFF RECOMMENDATION:
Adopt resolution.
RESOLUTION: 06-056
STREIT/WALTONSMITH MOVED T 0 ADOPT RESOLUTION
SUPPORTING THE SARATOGA AREA SENIOR COORDINATING
COUNCIL'S (SASCC) DECISION TO APPOINT SHAN BERRY TO THE
SANTA CLARA COUNTY COUNCIL ON AGING. MOTION PASSED 5-0.
2E. 2006 PAVEMENT MAINTENANCE PROGRAM - REJECTION OF BIDS
STAFF RECOMMENDATION:
I. Reject all bids for the 2006 Pavement Maintenance Program
2. Direct staff to re-bid project.
STREIT/W ALTONSMITH MOVED TO REJECT ALL Bms FOR THE 2006
PAVEMENT MAINTENANCE PROGRAM AND DIRECT STAFF TO RE-
BID PROJECT. MOTION PASSED 5-0.
4
2F. 2006 PAVEMENT MANAGEMENT PROGRAM-AWARD OF
CONSTRUCTION CONTRACT
STAFF RECOMMENDATION:
1. Declare E1 Camino Paving the lowest bidder.
2. Award construction contract to E1 Camino paving in the amount of
$706,500.
3. Approve additional work to contract in the amount of $200,000.
4. Authorize staff to execute change orders to the contract up to $100,000.
RESOLUTION: 06-057
STREIT/W ALTONSMITH MOVED TO ADOPT RESOLUTION
AMENDING THE FY 2005-06 AND FY 2006-07 BUDGET AS
RECOMMENDED IN THE FISCAL IMP ACT OF THE REPORT.
MOTION PASSED 5-0.
2G. RESOLUTION SUPPORTING THE ESTABLISHMENT OF A SUB-
REGION FOR THE PURPOSE OF LOCALLY ADMINISTERING THE
ASSOCIATION OF BAY AREA GOVERNMENT'S (ABAG) REGIONAL
HOUSING NEEDS ALLOCATION PROCESS
STAFF RECOMMENDATION:
Adopt resolution.
RESOLUTION: 06-058
STREIT/W ALTONSMITH MOVED TO ADOPT RESOLUTION
SUPPORTING THE ESTABLISHMENT OF A SUB-REGION FOR THE
PURPOSE OF LOCALLY ADMINISTERING THE ASSOCIATION OF
BAY AREA GOVERNMENT'S IABAGl REGIONAL HOUSING NEEDS
ALLOCATION PROCESS. MOTION PASSED 5-0.
2H. FINAL MAP APPROVAL FOR THREE LOTS LOCATED AT 20045
MENDELSOHN LANE
STAFF RECOMMENDATION:
1. Adopt resolution granting final map approval of tentative map application
No 03-112 for three lots.
2. Authorize City Manager to execute the Subdivision Improvement
Agreement
RESOLUTION: 06-066
STREIT/W ALTON SMITH MOVED TO ADOPT RESOLUTION GRANTING
FINAL MAP APPROVAL OF TENTATIVE MAP APPLICATION NO 03-
112 FOR THREE LOTS. AND AUTHORIZE CITY MANAGER TO
EXECUTE THE SUBDIVISION IMPROVEMENT AGREEMENT.
MOTION PASSED 5-0.
5
21. RESOLUTION SUPPORTING STATE LEGISLATION TO CREATE AN
INDEPENDENT REDISTRICTING PROCESS
STAFF RECOMMENDATION:
Adopt resolution.
RESOLUTION: 06-059
STREIT/W ALTON SMITH MOVED TO ADOPT RESOLUTION
SUPPORTING STATE LEGISLATION TO CREATE AN INDEPENDENT
REDISTRICTING PROCESS. MOTION PASSED 5-0.
PUBLIC HEARINGS
3. ADOPTION OF AN ORDINANCE AMENDING SARATOGA CITY CODE
SECTIONS 14-25.1I0, 15-80.090 AND ARTICLE 16-60 CONCERNING
THE EMERGENCY WARNING ALARM SYSTEM AND ADOPTING BY
REFERENCE THE SARATOGA FIRE PROTECTION DISTRICT
STANDARDS AND REQUIREMENTS FOR THE I:ARL Y WARNING
ALARM SYSTEM
STAFF RECOMMENDATION:
Conduct public hearing on updated Early Waming Alann System (EW AS)
Ordinance and adopt ordinance.
ORDINANCE: 242
Richard Taylor, City Attorney presented staff report.
City Attorney Taylor reported that at the July 19th 2006 City Council meeting, the
Council accepted the recommendation of the Planning Commission and introduced
an ordinance updating the Emergency Warning Alann System regulations and
adopting by reference the Saratoga Fire Protection District Standards and
Requirements for the Early Warning Alann System. Because the ordinance
includes adoption of another agency's regulations by reference, state law requires
that a second public hearing be held. The City Council at its July meeting adopted
a resolution calling that second public hearing for August 2, 2006. No changes
have been proposed to the ordinance as presented in the staff report of the July 19,
2006 meeting. Please refer to that staff report for additional information regarding
the ordinance.
Mayor Kline opened the public hearing and invited public comments.
Seeing none, Mayor Kline closed the public hearing.
W ALTONSMITH/STREIT MOVED TO ADOPT ORDINANCE OF THE
CITY OF SARATOGA AMENDING SARATOGA CITY CODE SECTIONS
14-25.1I0, 15-80.090 AND ARTICLE 16-60CONCERNING THE
EMERGENCY WARNING ALARM SYSTEM AND ADOPTING BY
6
REFERENCE THE SARATOGA FIRE PROTECTION DISTRICT
STANDARDS AND REOUIREMENTS FOR THE EARLY WARNING
ALARM SYSTEM. MOTION PASSED 5-0.
4. APPROVAL OF JOINT POWERS AGREEMENT FOR CALIFORNIA
MUNICIPAL FINANCE AUTHORITY (CMFA), PUBLIC HEARING
PURSUANT TO TAX EQUITY AND FISCAL RESPONSIBILITY ACT
("TEFRA") AND CONSIDERATION OF THE ISSUANCE BY CMFA OF
$11,000,000 OF TAX-EXEMPT CONDUIT BONDS TO FINANCE OR
REFINANCE THE COSTS OF THE ACQUISITION, CONSTRUCTION
AND IMPROVEMENT OF CERTAIN EDUCATIONAL AND RELATED
AND ANCILLARY FACILITIES AT THE ST. ANDREWS PARISH
LOCATED AT 13601 SARATOGA AVE, SARATOGA, CA, 95070
STAFF RECOMMENDATION:
Conduct the Public Hearingi..Adopt the resolution approving the tax-exempt
financing by CMFA and the issuance of the revenue bonds by the CMFA for Saint
Andrew's School and approving the City's membership in the Califomia
Municipal Finance Authority (CMF A), a joint powers authority.
Richard Taylor, City Attomey presented staffreport.
City Attorney Taylor explained that Saint Andrew's Parish, a non-profit, religious
corporation, was seeking to issue up to $11,000,000 of tax-exempt bonds to
finance or refinance the costs of the acquisition, construction and improvement of
certain educational and related and ancillary facilities on the its campus located at
13601 Saratoga Ave, Saratoga, CA, 95070. The bonds would be issued by the
CMFA on behalfofSt. Andrews and would not be obligations of the City.
City Attorney Taylor noted that in order for the interest on the bonds to tax-
exempt, federal law requires that an "applicable elected representative" ofthe
government unit approve the issuance of the bond after a public hearing ("TEFRA
hearing") following reasonable public notice. Because the CMFA's Board of
Directors is not an elected body, federal law provides that a goverrunental unit
with elected representatives and jurisdiction over the area in which the project to
be financed is located, in this case, the City Council is an "applicable elected
representative" with respect to the bond issue. The proposed bond issuance by the
CMF A is classified as a private activity for purposes of the Internal Revenue Code
(the "Code").
City Attomey Taylor noted that following the TEFRA public hearing regarding the
issuance of the bonds, the Code requires adoption of a resolution approving the
issuance of the bonds by the CMFA. In addition, in order for the CMFA to have
jurisdiction to issue the bonds, the City must become a member of the CMFA.
City Attomey Taylor explained that CEMA was formed to assist local
goverrunents, non-profit organizations and businesses with the issuance oftaxable
and tax-exempt financing aimed at improving the standard ofliving in California.
The CMFA's representatives and its Board of Directors have considerable
experience in tax-exempt bond financing. CMFA reports that in 2005, transaction
bond volume for the CMF A was approximately $172 million.
7
City Attorney Taylor explained that in order for the CMFA to have jurisdiction to
issue the bonds for this project, it is necessary for the City to become a member of
the CMFA. Attached to this report is a copy of the joint exercise of powers
agreement that the City will need to execute in order for the CMFA to have the
power to issue the bonds.
City Attomey Taylor noted that the joint exercise of powers agreement expressly
provides that any member may withdraw from the agreement upon written notice
to the Board of Directors of the CMFA. In the case of the proposed bond
transaction, the City, ifit executes the agreement, could, at any time following the
issuance of the bonds, withdraw from the CMFA by merely providing notice to the
Board of Directors of the CMFA of its withdrawal from the agreement.
In regards to any fiscal impact to the City, City Attorney Taylor stated that the
CMF A shares a portion of its issuance fees with its member communities and
donates a portion of issuance fees to the Foundation for the support of local
charities. With respect to the City of Saratoga, CMFA has stated that it expects
that 25% of the issuance fee attributable to the St. Andrews project (or
approximately $5,000) will be contributed by the CMFA to the general fund of the
City, to be used for any lawful purpose. St. Andrews, as a religious corporation,
will also be the beneficiary of a charitable donation from CMF A through a 25%
reduction in issuance fees.
Mayor Kline opened the public hearing and invited pubIic comments.
Seeing none, Mayor Kline closed the public hearing.
KING/WALTONSMITH MOVED TO ADOPT RESOLUTION
APPROVING THE ISSUANCE OF REVENUE BONDS BY THE
CALIFORNIA MUNICIPAL FINANCE AUTHORITY FOR THE
PURPOSE OF FINANCING OR REFINANCING THE
ACOUISITION, CONSTRUCTION AND IMPROVEMENT OF
CERTAIN EDUCATIONAL FACILITIES FOR SAINT
ANDREW'S PARISH AND APPROVING AND DIRECTING
EXECUTION OF THE JOINT EXERCISE OF POWERS
AGREEMENT RELATING TO THE AUTHORITY. MOTION
PASSED 5-0.
5. 2006 WEED ABATEMENT PROGRAM ASSESSMENT REPORT
STAFF RECOMMENDATION:
Conduct public hearing and adopt resolution.
RESOLUTION: 06-060
Cathleen Boyer, City Clerk, presented staff report.
City Clerk Boyer explained that under state and local laws, local governments
routinely abate the seasonal fire hazards of hazardous vegetation and/or
combustible debris on undeveloped property. For the County and several cities,
including Saratoga, this abatement program is administered by the Office of the
Agricultural Commissioner. In many cases, property owners find it convenient to
8
have the district take care of vegetation or debris removal and to pay through a
property tax lien.
City Clerk Boyer reported that the City Council approved 71 parcels for inclusion
in the program at the start of the season, and all were inspected at least once, and
most several times during the season. A total of six were abated by the
Commissioner's contractor. This past year, the County performed abatement on
parcels on the attached list in Saratoga. Tax liens and assessments on the owners
of these parcels totaled $6,810.05. City Clerk Boyer explained that in order to
recover this cost, it is necessary for the Council to adopt a resolution confirming
the assessments and directing the County Auditor to enter and collect the
assessments on the property tax bill.
Mayor Kline opened the public hearing and invited public comments.
Seeing none, Mayor Kline closed the public hearing.
STREIT/W ALTONSMITH MOVED TO ADOPT RESOLUTION
CONFIRMING REPORT AND ASSESSMENT OF WEED ABATEMENT
CHARGES. MOTION PASSED 5-0.
OLD BUSINESS
6. KEVIN MORAN PARK- CONCEPTUAL DESIGN PROCESS
STAFF RECOMMENDATION:
Accept report and direct staff regarding the process to develop a conceptual plan
based on the neighborhood model to have ready to present to the Council for
approval at the September 6, 2006 meeting.
John Cherbone, Public Works Director, presented staff report.
Director Cherbone explained that at the June 7th City Council meeting a plan for
KMP was approved which included a full size soccer field. Recently, the City
Council School Adhoc Comprised of Council Members King and Streit negotiated
a tentative agreement with West Valley College for use of two full size soccer
fields, which negated the need to develop a full size field at KMP.
Director Cherbone stated that at the July 12th meeting, Council limited KMP
project to funds on hand in the CIP and directed staff to move forward with
developing options to create a conceptual plan based on the neighborhood model.
Director Cherbone noted that a new process for designing the park must be
developed. Staff recommends the following design process:
. Organize a Task Force to work with the Public Works staff and David
Nelson to design a plan. The Council could appoint new members for this
Task Force or use existing neighborhood members from the KMP Task
Force. Staff recommends appointing the three neighborhood
representatives from the previous KMP Task Force, namely Elaine
Clabeaux, Marty Goldberg, and Peter Pranys. In the event that a
neighborhood representative cannot be present for a scheduled meeting,
Suzanne O'Neall, a resident of Northampton Street, has agreed to act as
9
an alternate.
Director Cherbone explained the proposed process using the neighborhood
representatives to develop a tentative park plan and highlighted the final steps for
developing the project.
The following people requested to speak on this item:
Devin Utter requested that the Council support a petanque court in the City of
Saratoga.
Bob Wallace suggested that the orchard at the north end ofKMP be replaced and
turned into a heritage orchard.
Allen Beck noted that he supports the restoration of the KMP Task Force either
appointing new members or using the original ones.
Laura Watkins expressed her disappointment with the Council since they already
voted on June 7th, 4-1, to add a full size soccer field at KMP. Ms Watkins noted
that CYSA needs more practice fields and requested that they be added at KMP.
Ms Watkins opposed to staff recommendation to have only neighborhood
representatives on the Task Force.
Dave Mighdoll noted that the meeting on July 12th was not agendized.
Mr. Mighdoll noted that KMP is a neighborhood park and noted that flat grass is
not a sports complex.
Mary Robertson thanked the Council for proceeding with alternative field use at
West Valley College. Mrs. Robertson noted this was the fiscally responsible
action to take. Mrs. Robertson noted that she supported staff recommendations.
Howard Miller noted that there was still a need for practice fields in Saratoga.
Mr. Miller suggested a tiered fee base if there was an increase in the fee for field
use.
Citizens Ray noted that he felt all parties should be represented on the KMP Task
Force.
There was Council discussion regarding staff recommendations and the consensus
was to hold off until the agreement with West Valley College is executed.
W ALTONSMITH/STREIT MOVED TO DIRECT STAFF TO BRING THIIS
ITEM BACK ON SEPTEMBER 6. 2006 WHEN THE CITY HAS A FULLY
EXECUTED CONTRACT WITH WEST VALLEY COLLEGE. MOTION
PASSED 5-0.
7. ALLOCATION OF ONE -TIME FUNDING REQUESTS FROM
WILDLIFE CENTER OF SILICON VALLEY AND THE SARA TOGA
CHAMBER OF COMMERCE
10
STAFF RECOMMENDATION:
1. Accept report and direct staff accordingly.
2. Adopt resolutions.
RESOLUTION: 06-061 & 062
Cathleen Boyer, City Clerk, presented staff report.
City Clerk Boyer noted that on May 3, 2006 during the public hearing on the FY
2006-07 operating budget, Council requested that the allocation of one-time funds
be addressed at a separate meeting and be addressed separately from the operating
budget. A special meeting was held on July 6, 2006 to discuss and allocate one
time sources of revenue. At that meeting Council allocated $90,900 to outside
agencies. City Clerk Boyer noted that the remainder of the funds were allocated
to the CIP fund balance in the amount of$800,000.
City Clerk Boyer stated that staffretumed to the City Council on July 19th with a
proposed resolution allocating funds to the outside agencies including KSAR,
SASCC, Chamber of Commerce, and the Wildlife Center. The requests from the
Chamber of Commerce and the Wildlife Center were pulled off the resolution and
staff was directed to contact both groups for further discussion.
City Clerk Boyer explained the Saratoga Chamber of Commerce's request. City
Clerk Boyer noted that in an effort to keep teens safe during the Celebrate
Saratoga event the Chamber plans to provide teens a separate area. The "Teen
Scene" would feature local high school bands; vendors geared towards teens and
would be a "No Alcohol Zone". This area will be under the direction of Adam
Henig, Recreation Supervisor. The Chamber requested $9,000 for this project.
City Clerk Boyer explained the Wildlife Center of Silicon Valley's request. City
Clerk Boyer noted that the Wildlife Center requested $4,500 to retrofit their aging
enclosures to keep mosquitoes out, thus preventing West Nile Virus from
occurring at the Center.
The following representatives from the Wildlife Center urged the Council to
support the requested funds replace aging aviaries and purchase West Nile Virus
testing kits:
Trudi Bumey
Carmel de Beartaut
Janet Alexander
Pricilla Ho urged the Council to deny the Wildlife Center's request and eXplained
in detail the cause and effect of the West Nile Virus.
W ALTONSMITH/KING MOVED TO ADOPT RESOLUTION AMENDING
THE FY 2006-07 BUDGET BY INCREASING THE ALLOCATION TO
THE WILDLIFE CENTER BY $4,500. MOTION PASSED 5-0.
Chris Oakes stated that she was the President of the Chamber of Commerce.
President Oakes explained in detail the proposed Teen Scent at Celebrate
Saratoga. President Oakes urged the Council to fund the event.
11
Adam Henig, Recreation Supervisor, explained his role and the role of the Youth
Commission in the proposed "Teen Scene". Supervisor Henig noted that all the
bands that would be performing have played for past Youth Commission
sponsored events.
The following representatives from the Chamber of Commerce spoke in favor of
the proposed "Teen Scene" at the year's Celebrate Saratoga and urged the
Council to fund the event:
Lee Ann Hemandez
Rilene Simpson
Amanda Carrera
Sharmaine Nunes
Councilmember Waltonsmith noted that she didn't support t he proposed funding
and expressed her concems in regards to the ongoing renovations to Blaney Plaza.
Councilmember Streit noted that he supports the concept of the proposed "Teen
Scene" but would not fund overhead charges for staff time. Councilmember Streit
stated that he would support $7527.33 towards the "Teen Scene".
STREIT!KAO MOVED TO ADOPT RESOLUTION AMENDING THE FY
2006-07 BUDGET BY INCREASING THE ALLOCATION TO THE
SARATOGA CHAMBER OF COMMERCE BY $7527.33; WITH THE
CAVEAT THAT THE FUNDS WOULD NOT BE GIVEN TO THE
CHAMBER IN 2007. MOTION PASSED 3-2 WITH KLINE AND KING
OPPOSING.
8. DIRECTION TO STAFF REGARDING PROPOSED AMENDMENTS TO
HAKONE GARDENS LEASE WITH THE HAKONE FOUNDATION TO
FACILITATE DEVELOPMENT OF A VISITOR CENTER
STAFF RECOMMENDATION:
Accept report and direct staff to work with representatives of the Hakone
Foundation to draft lease amendments that would provide for a City contribution
of $250,000 towards the cost of developing a visitor center at Hakone Gardens.
Richard Taylor, City Attomey, presented staff report.
City Attorney Taylor explained that at the July 19th 2:006 City Council meeting
during Council's consideration of the Capital Improvement Program, the Hakone
Foundation requested that the City Council consider allocating $250,000 as a
contribution towards the cost of a visitor center at the Hakone Gardens.
City Attomey Taylor explained that the Board of the Hakone Foundation is
seeking private grants to defray the bulk of the cost of the visitor center and
wishes to demonstrate to potential funders the City's support for the project in the
City's park. The City's lease agreement for the Gardens with the Foundation
currently calls for City funding of various improvements in the Gardens. It does
not address City contribution towards a visitor center.
12
City Al10mey Taylor explained that if Council wishes to commit the City to
providing the requested funding when the Foundation has raised the necessary
private funds it would be appropriate to reflect that commitment in the lease
agreement. Before negotiating specific amendments to the agreement, however,
staff believed it appropriate to seek specific direction from Council. If Council
wishes to proceed, staff would prepare amendments that commit the City to a
$250,000 contribution to the Visitor Center subject to City Council approval of
the design and the availability of sufficient private funds to pay for the portion of
the project costs not covered by the City contribution.
Lon Saavedra, Hakone Foundation Executive Director, thanked the Council
considering this Hakone's request and their continued support.
Consensus of the City Council to direct staff to work with representatives of the
Hakone Foundation to draft lease amendments that would provide for a City
contribution of $250,000 towards the cost of developing a visitor center at Hakone
Gardens.
9. CAPITAL IMPROVEMENT PLAN (CIP) - FISCAL YEAR 06-07 UPDATE
2ND REVIEW
STAFF RECOMMENDATION:
I. Accept report and direct staff accordingly.
2. Adopt resolution amending the FY 06-07 Budget.
RESOLUTION: 06-063
John Cherbone, Public Works Director, presented staff report.
Director Cherbone explained the direction staff was given at the July 19th on how
to allocated $ I ,093,000 in unrestricted funs:
. Aloha Safety Project - $40,000
. McWilliams House Contingency - $10,000
. Beauchamps Playground Safely -$15,000
. Sobey Road Culvert Repair - $150,000
. 2 Solar Powered Radar Signs - $15,000
. Village Improvements - $50,000
. North Campus Improvement - $500,000
. Alternative Soccer Field Location(s) - $250,000
. Remaining Fnnds - $63.000
Director Cherbone noted all projects listed under Unrestricted Funds except for
Sobey Road Culvert Repair, 2 Solar Powered Radar Signs, and Alternative Soccer
Field Location(s) are existing CIP Projects that do not require further review and
therefore can be approved for funding via a budget resolution.
W ALTONSMITH /KING MOVED TO ADOPT BUDGET RESOLUTION TO
FUND UNRESTRICTED FUND PROJECTS. MOTION PASSED 5-0.
13
Director Cherbone explained candidate CIP proj ects not approved for funding at
the July 29th City Council meeting:
. Quito Road Sidewalk Improvements -$150,000
. Highway 9 Widening at Aloha - $175,000
. Book-Go-Round Foundation Drainage Improvements- $60,000
. Fire Alarm at the McWilliams House and Book-Go-Round - $25,000
Director Cherbone eXplained the next steps in the CIP process.
STREIT /KING MOVED TO ADOPT RESOLUTION ADOPTING THE
FISCAL YEAR 06-07 UPDATE TO THE CAPITAl" IMI'ROVEMENT
PLAN. MOTION PASSED 5-0.
NEW BUSINESS
10. VECTOR CONTROL UPDATE ON WILDLIFE PROGRAM STATUS
AND WEST NILE VIRUS
STAFF RECOMMENDATION:
Accept report and direct staff accordingly.
Dave Anderson, City Manager, presented staff report.
City Manager Anderson reported that last week, County Vector Control staff
alerted city officials that Santa Clara County was involved in an assessment of the
wildlife program. In further discussion with Tim Mulligan, the District Manager,
he stated that a Board of Supervisors sub-committee was studying the issue. City
Manager Anderson noted that they were in the process of preparing for this
meeting which will occur on August 17, 2006.
City Manager Anderson pointed out that Director Mulligan would attend the
Council meeting and provide a briefing on the options that they will present to the
subcommittee. Additionally, he will brief the City Council on the status ofthe
West Nile Virus outbreak in the area and what has been done to contain the
situation.
Mayor Kline thanked City Manager Anderson for his report.
ADHOC & AGENCY ASSIGNMENT REPORTS
None
CITY COUNCIL ITEMS
None
CITY MANAGER'S REPORT
None
14
ADJOURNMENT
There being no further business Mayor Kline adjoumed the regular meeting at 12:00 a.m.
and noted that Council would retum to the Administrative Conference to continue Closed
Sesrm discussions.
Respecifuy submitted,
:\i
Cathle~n IH'yer, CMC
CityC~
J
15
SARATOGA CITY COUNCIL
,-"""",-,
PREPARED BY:
AGENDA ITEM:
CITY MANA-VER: .9,.J C/
~
\ L_
DEPT HEAD:=' f-
Michele Braucht
?;G
MEETING DATE: 09/06/2006
ORIGINATING DEPT: Admin. Svcs.
SUBJECT: Check Register for 07/11/2006
RECOMMENDED ACTION:
That the City Council accepts the Check Register for 07/11/2006.
REPORT SUMMARY:
Attached is the Check Register for 07/11/2006. The checks were released on 07/13/2006. Payroll checks
r were released on 07/0612006. The prior Check Register for 06/27/2006 ended with check number 102566.
Starting Ending Total
Type of Checks Date Checks # Check # Checks Amount
Accounts Payable 07/13/06 102568 102668 101 $1,190,860.90
Payroll 07/06/06 31702 31732 31 $125,752.90
TOTAL $1,316,613.80
The following is a list of checks that were voided/manually issued.
Check # Amount Vendor Purpose
101961 $3,040.00 KK Builders Voided because vendor lost check
101962 $3,110.65 KK Builders Voided because vendor lost check
102513 $8,156.24 Lloyd F. Mc Kinney Associates, Inc. Voided due to clerical error
102567 $3,793.60 Lloyd F. Mc Kinney Associates, Inc. Manually issued to replace CK#102513
102523 $114.00 Rafiha Muhawi Voided because vendor lost check
--
The following is a list of checks issued for more than $10,000.00, and a brief description of the expenditures.
Check # Issued to Fund Dept Purpose Amonnt
102574 BNY Western Trust Co. Other Library Bond Fund Library nebt Service-Principal $280,000.00
102574 BNY Western Trust Co. Other Library Bond Fund Library Debt Service-Iuterest $371,878.13
102586 City of Palo Alto General MIS IT services - nec 05-Jun 06 $19,290.00
102593 Cotton, Shires & Associates Various Various Geology Review Services $13,851.55
102594 Santa Clara County-Sheriff General PolicelPublic Safety Sheriff Contract - June $262,892.88
102651 Soil Engineering Construction, Inc. General Street Maintenance Subdrain Repair-Haymeadow $85,185.00
102660 Union Pacific Railroad Co. Infra CIP Cox Ave Railroad Progress Bill #2 $46,009.45
...,/
The following is a list of cash reductions by Fund.
Fund # Fund Description AlP Total PR Total Total
001 General Fund $415,574.22 $25,322.08 $440,896.30
150 Streets & Roads $2,519.67 $17,658.20 $20,177.87
203 Greenbriar Landscape $210.00 $210.00
216 Beauchanms Landscane $72.84
224 Villalre Coll1lrerical Landscape $900.00
225 SaratOga Legends Landscane $255.00
226 Belh!I'ove llD $483.04 $483.04 -'
228 Kerwin Ranch Landscane $102.64 $102.64
250 Develonrrent Services $8,027.52 $52,014.88 $60,042.40
260 Enviromrental Prol!l'at'Il SRF $5,266.72
290 Recreation $25,408.06 $21,722.40 $47,130.46
291 Teen Services $1,874.33 $3,768.62 $5,642.95
352 Infrastructures $48,649.53
354 Park and Trails $1,354.00
400 librarv Bond Debt Service Fund $651,878.13
420 Leonard Road Trust and Fund $296.84
501 IEaUirlIDent Reolacement $2,223.00
503 Facilitv Inmrovement $1,000.00 $1,000.00
604 Plannin~ T\enncit - Pre 2006 $5,398.43 $5,398.43
605 Plannin it - 07/01/05 $11,915.97 $11,915.97
734 Ovic Center Landscane $3,277.00
755 Warner Hutton House Tnmmvement $1,203.96 $1,203.96
791 Kevin Moran Park $8,236.72 $8,236.72
TOTAL $1,190,860.90 $125,752.90 $1,316,613.80
--
ALTERNATIVE ACTION:
N/A
FOLLOW UP ACTION:
N/A
ADVERTISING, NOTICING AND PUBLIC CONTACT:
N/A
ATTACHMENTS:
Check Register in the Expenditure Approval List format.
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SARATOGA CITY COUNCIL
MEETING DATE: 09/06/2006
AGENDA ITEM:
CITY MANAG~R' ~~ ~
DEPT HEAD: ~ _
.--
Michele Braucht
3'D
-,
ORIGINATING DEPT: Admin. Svcs.
PREPARED BY: 6' f
Le Sa d~;
SUBJECT: Check Register for 07/25/2006
RECOMMENDED ACTION:
That the City Council accepts the Check Register for 07/25/2006.
REPORT SUMMARY:
Attached is the Check Register for 07/25/2006. The checks were released on 07/27/2006. Payroll checks
were released on 07/20/2006. The prior Check Register for 07/11/2006 ended with check number 102668.
-,
Starting Ending Total
Type of Checks Date Checks # Check # Checks Amount
Accounts Payable 07/27/06 102669 102785 117 $493,738.79
Payroll 07/20/06 31733 31778 46 $141,755.34
TOTAL $635,494.13
The following is a list of checks that were voided/manually issued.
Check # Amount Vendor Purpose
101229 $12,916.67 City of San Jose - Animal Care Services Voided because vendor changed address
-
The following is a list of checks issued for more than $10,000.00, and a brief description ofthe expenditures.
-
Check# Issued to Fund Dept Purpose Amount
102670 ABAG Plan COlporation General General Services Fiscal Year 2006-2007 Insurance $147,797.00
102692 Cim Air, Inc. Internal Facilities Improvement Install HV AC unit #3 - City Hall $12,000.00
102692 Cim Air, Inc. General Facilities Maintenance HV AC repairs $1,163.14
102693 City of San Jose General PolicelPublic Safety Animal Services - July $12,916.67
102693 City of San Jose General PolicelPublic Safety Animal Services - F eb (reissued) $12,916.67
102697 Comp Shared Risk Pool Special Varions Workers' Comp -7/1/06 - 9/30/06 $39,540.62
102706 ECS Imaging, Inc. General City Clerk Weblink Intranet access $11,891.26
102706 ECS Imaging, Inc. General Street Maintenance Public Works Document Scan $4,005.96
102706 ECS Imaging, Inc. General Street Maintenance Public Works Docwnent Scan $2,352.11
102724 Just Leaks Internal Facilities Improvemeut Repair City Hall roof $11,144.40
102753 San Jose Water Company Various Variolls Monthly Service - June $17,544.47
102754 Saratoga Builders Other Park Development Wildwood Park Stage $15,367.00
102761 Shute, Mihaly & Weinberger Various Various Legal Services - April/May $29,550.08
102766 Sunnyvale Lumber Other Park Development Trex Deck order $10,323.15
102774 Deborah Ungo-McCormick Special Development Fund Consulting Services - June $12,255.00
102777 Vallev Crest Landscape Various Various Tree Care Services $10,200.0r
......./
..../
The following is a list of cash reductions by Fund.
Fund # Fund Description AlP Total PR Total Total
<Xll General 305,195.33 33,130.21 338,325.54
150 Streets & Roads 8,580.88 17,746.12 26,327.00
201 Mmor Drive Landscaoe 289.47 289.47
202 Fredicksburg Landscape 497.47 497.47
203 Greenbriar T 699.29 699.29
2(>> Q.rito Iicl1J:ing 417.97 417.97
205 Azule Iicl1J:ing 1,545.66 1,545.66
206 Sarahills IiPhtim, 122.52 122.52
207 Village Iicl1J:ing 1,231.62 1,231.62
209 l'kC . ::T 345.71 345.71
e
210 Tricia Woods Landscaoe 108.95 108.95
211 Arrovo De Saratoga T 765.80 765.80
212 Leutar Court Landscaoe 109.51 109.51
2]5 Bonnet Way Landscaoe 366.65 366.65
216 Beau;harrps Landscaoe 473.79 473.79
217 SunlandPaIkT, 1,245.35 1,245.35
222 Prides Crossing r- 2,800.13 2,800.13
224 Village Cuuu.elciafT 1,986.12 1,986.12
225 Sarato~T -;- 343.05 343.05
226 Bellgrove liD 2,3CXJ.97 2,3CXJ.97
227 GlasPOw Landscape 261.94 261.94
228 Kernill RanchT 1,581.84 1,581.84
229 Toll2ate liD 281.37 281.37
231 Horseshoe liD 995.00 995.00
232 Gatewa 29.96 29.96
250 Devel Services 29,809.55 57,C'H).70 86,870.25
260 Enviromrental Program SRF 3,ICXJ.00 5,369.09 8,559.09
270 CDoo - Federal Grants 1,900.00 1,900.00
2CXJ Recreation 31,802.78 23,457.39 55,260.17
291 Teen Services 2,000.00 3,992.33 5,992.33
3LO PaIk Devel : Capital Project Fund 25,6CXJ.15 25,6CXJ.15
351 Public Safetv 2,000.00 2,000.00
352 Infra.stnrtures 3,707.60 599.69 4,307.29
354 Pmk and Trails 7,373.50 7,373.50
503 Facility lrrmoverrent ISF 25,584.40 25,584.40
604 PI 't Pre 2006 14,019.94 14,0l9.94
605 PI 't 07/0l/()5 11,462.52 11,462.52
716 Hi2lmav 9/0lk Pedestrian 2,265.50 399.81 2,665.31
791 Kevin Mlran 266.50 266.50
WfAL 493,738.79 141,755.34 635,494.13
ALTERNATIVE ACTION:
N/A
FOLLOW UP ACTION:
N/A
ADVERTISING, NOTICING AND PUBLIC CONTACT:
N/A
ATTACHMENTS:
Check Register in the Expenditure Approval List format.
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<:;--
SARATOGA CITY COUNCIL
~
MEETING DATE:
September 6, 2006
AGENDA ITEM: ~ r
f) ..7 C/
ORIGINATING DEPT: Administrative Svcs CITY MANAGER:
PREPARED BY: v~a. DEPTHEAD:Mi~~
Accounting Supervisor Adm. Services Director
SUBJECT: Treasurer's Report for the Month Ended June 2006 (Unaudited)
RECOMMENDED ACTION
That the City Council accepts the monthly Treasurer's Report.
REPORT SUMMARY
California government code section 41004 requires that the City Treasurer (the Municipal Code
of the City of Saratoga, Article 2-20, Section 2-20.035, designates the City Manager as the City
Treasurer) submit to the City Clerk and the legislative body a written report and accounting of all
receipts, disbursements, and fund balances.
_.
41004. Regularly, at least once each month, the city treasurer shall submit to the city
clerk a written report and accounting of all receipts, disbursements, and fund balances.
He shall file a copy with the legislative body.
Additionally with the passage of Chapter 687, Statutes of 2000 (AB 943 Dutra), effective
January I, 2001 cities are now required to forward copies of their second and fourth quarter
calendar year investment portfolio reports to the California Debt and Investment Advisory
Commission (CDIAC) within 60 days.
The CDlAC will use the report as an additional opportunity to examine public investment
practices in a more consistent basis than before.
Cities, such as the City of Saratoga, that are 100 percent invested in the Local Agency Investment
Fund (LAIF) are exempt from the new investment portfolio reporting requirements and are only
required to send a letter to CDIAC indicating the total and composition of their investments.
This Treasurer's Report will satisfy our reporting requirement to the CDIAC.
The following pages in the attachment provide various financial data and analysis for the City of
Saratoga's Funds collectively as well as specifically for the City's General (Operating) Fund,
including an attachment from the State Treasurer's Office of Quarterly LAIF rates from the 151
._' Quarter of 1977 to present.
.-
FISCAL IMPACTS
None
-
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION
The City will not be in compliance with Government Code Section 53891 and Section 40804.
ALTERNATIVE ACTION
N/A
FOLLOW UP ACTION
N/A
ADVERTISING, NOTICING AND PUBLIC CONTACT
N/A
ATTACHMENTS
A - Cash and Investments by fund
B - Change in total fund balances by fund
C - Cash and Investments by CIP project
D- Change in total fund balances by CIP project
E - Local Agency Investment Fund (LAlF) Quarterly Apportionment Rates
-
CC
cdiac_investments@treasurer.ca.gov (June & December reports only, within 60 calendar days)
-'
ATTACHMENT A
CASH AND INVESTMENTS BALANCE BY FUND
As of June 30, 2006, the City had $262,752 in cash deposit at Comerica bank, $17,068,286 on
deposit with LAIF, $1,767 in cash that are restricted for the CDBG loan repayments and $1,061
in cash with fiscal agents for the Public Financing Authority bonds. The bank reconciliations are
completed thru the month of February 2006 and the transfer from General Fund to Recreation
has not been made. The Council Policy on operating reserve funds adopted on April 20, 1994,
states that: for cash flow purposes, to avoid the necessity of dry period financing, pooled cash
from all funds should not be reduced below $2,000,000. The total pooled cash balance as of
June30, 2006 is $17,331,038 d d h r d
The followinQ: table summarizes the City's total cash and investment balances by Fund.
UNAUDITED Cash &
Investment Balance at
June 2006
3,165,304
an excee s t e lmlt reqUire
Unrestricted Cash
Comerica Bank 262,7E,2
Deposit with LAIF 17,068,286
17,331,038
Restricted Cash
San Jose National Bank 1,767
Fiscal Agents 1,061
2,82:8
Total 17,333,866
Fund TVDGS
General
Fund DescriDtion
General Fund
Designated Reserves:
Tree, Bench, & Plaque Dedication Program
Petty Cash
Library Exterior Walls Maintenance
Theater Ticket Surcharge
CIP
Economic Uncertainty
Operations
Special Revenue Supplemental Law Enforcement Services Fund
Highway Users Gas Tax
Landscape and Lighting
Development Services
Designated Reserve:
Tree Preservation Ordinance 226
General Plan Update
Enviromental Programs
Development Fees
Community Development Block Grant
SHARP loan
Recreation Services
Teen Services
COD Deposits - Arborist Reviews
COD Deposits - Planning Deposit Pre FY2006
COD Deposits - Planning Deposit FY2006
COD Deposits - Planning Deposit
Capital Project Park Development
Library Expansion
Public Safety
Infrastructure
Facility
Park and Trails
Debt Service Library Bond
Internal Service Equipment Replacement
Information Technology
Facility Improvement
Trust/Agency Leonard Road
Public Financing Authority
KSAR - Communit Access TV
$
$ 28
$ 1,300
$ 15,000
$ 17,286
$ 614,997
$ 1,500,000
$ 2,554,150
$
$ 340,402
$ 265,338
$ 1,044,597
$ 186,644
$ 7,065
$ 846,882
$ 103,714
$ (62,818)
$ 74,476
$ 35,763
$ (32,158)
$ 173,920
$ 53,393
$ 141,341
$ 671,682
$ 115,606
$ 700,597
$ 382,336
$ 2,264,679
$ 184,119
$ 292,046
$ 854,155
$ 286,339
$ 403,520
$ 80,831
$ (10,572)
$ 1,061
$ 60,842
$ 17,333,866
Total CI
ATTACHMENT B
CHANGES IN TOTAL FUND BALANCE
The following table presents the ending Fund Balances for the City's major fund types at June
30,2006. This table excludes Trust and Agency funds where the City acts merely as a third party
custodian of an outside party's funds.
gg'Ug.vo
Fund UNAUDITED
Balance Incr/(Decr) Fund
Fund Description (Audited) Jul-Mav Revenues Expenditures Transfers Balance
General
General Fund 1,637,476 2,223,977 873,160 (1,541,703) {134,891} 3,058,019
Designated Reserves:
Tree, Bench, & Plaque Dedication Program . 366 {338} 28
Petty Cash 300 1,000 1,300
Library Exterior Wall Maintenance - 15,000 15,000
Theater Ticket Surcharge 56,169 (37,641) (1,242) 17,286
CIP (Refunded from RDA) 162,000 (16,783) 469,780 614,997
Economic Uncertainty 1,350,000 (110,100) 1,239,900
Operations 2,457,646 96,304 2,554,150
Special Revenue
Supplemental Law Enforcement Services Fund - - - -
Highway Users Gas Tax - 337,821 145,626 (102,053) 381,393
Landscape/Lighting Fd 75,891 78,171 112,323 (150,405) 134,891 250,872
Development Services 342,123 570,097 322,447 (276,827) 957,840
Designated Reserve:
Tree Preservation Ordinance 226 161,654 24,990 - - 186,644
General Plan Update - 39,196 - (32,131) 7,065
Environmental Programs 898,658 (67,020) 101,016 (31,173) 901,481
CDBG (1,065) (46,186) 53,581 (17,467) (11,137)
SHARP Loan 127,298 15,807 1,921 - 145,026
Recreation Services - (10,494) 87,721 (102,618) (25,391)
Teen Services - (26,790) 2,814 (14,752) (38,728)
- - -
Capital Project - - -
Park Development 74,499 41,107 1,330 (25,690) 91,246
Library Expansion 766,145 (65,548) 3,408 - 704,005
Public Safety 747,646 (242,585) - (126,990) - 378,071
Infrastructure 3,187,274 (806,785) 3,814 (171 ,500) - 2,212,802
Facility 206,715 (22,597) - (19,363) - 164,755
Park and Trails 337,899 (38,384) - {42,87?} - 256,639
Debt Service
Library Bond 855,413 (432,854) 446,535 (3,950) 865,144
Internal Service Fund
Equipment Replacement - 286,339 - (39,190) 247,149
Technology Replacement 128,198 280,600 - (5,278) 403,520
Facilitv Improvement - 92,036 - (38,490) 53,546
Total City 13,572,138 2,082,739 2,721,781 /2,744,036) - 15,632,622
ATTACHMENT C
CASH AND INVESTMENTS BALANCES BY CIF PROJECT
The following table the details the cash balances for each project in the Public Safety,
Infrastructure, Facility, and Park and Trails Capital Improvement Project Funds.
Il:U
Cash &
Investment
Balance at June
CIP Funds/Projects 2006
Public Safety
ADA Improvements (Hakone) (140,615)
Sobey/Quito Traffic Improvement -
Aloha Street Safety Improvement 45,344
Sara-S'vale/Seagull Traffic Sign 3,169
Quito Road Bridge Replacement 127,192
Trafficsafety 68,135
Highway 9 Safety project 100,000
Traffic Signal @ Highway 9 14,751
Sidewalk-Yearly Project 185,001
Traffic Signal @ Herriman 3,000
Traffic Signla @ Verde Vista Lane 3,000
Traffic Signla @ Kirkmont Dr 3,000
Bridges @ 4th Street 100,000
Crossing @ Highway 9 and Oak Place 143,034
Transfers-Project Reconciliation 1272,674'
Total Public Safety $ 382,336
Infrastructure
EI Quito Area Curb Replacement 460,264
Storm Drain Upgrades -
Median Repairs(Landscape/lrrig.) (57,865)
Cox Ave Railroad Crossing Upgrade 336,820
Saratoga-Sun nyva Ie/Gateway (78,615)
Blaney Plaza Improvement-Constructions 99,787
Storm Drain Upgrades 200,000
Civic Center Landscape 107,602
Village-Trees & Lights 7,389
Viilage- Trees&Lights/Sidestreets 50,000
Signage @ City Entrance 13,467
Village Streetscape Improvement (Sidewalk C & G) 738,624
Storm Drain @ EI Camino/Mt Vista 100,000
Transfers-Project Reconciliation 287,205
Total Infrastructure $ 2,264,679
Facility
Historical Park Fire Alarm System 6,543
Warner Hutton House Improv 94,100
Civic Center-Eaves @ COD 25,000
Civic Center-COD Offices 15,000
Transfers-Project Reconciliation 43,475
Total Facility $ 184,119
Parks & Trails
Hakone Garden DfW 194,583
Union Pacific Railroad (Deanza) Trail (29,011)
Park/Trail Repairs 40,136
Kevin Moran Park 55,682
Transfers-Project Reconciliation 30,657
Total Parks & Trails $ 292,046
Total CIP Funds $ 3,123,180
ATTACHMENTD
FUND BALANCES BY CIP PROJECT
The following table details the fund balances for each project in the Public Safety, Infrastructure,
Facility, and Park and Trails CaDital Improvement Project Funds.
Fund 06/30/06
Balance InCrf(Decr) UNAUDITED
CIP Funds/Proiects (Audited) Jul-Mav Revenues Exnendltures Transfers Fund Balance
Public Safety
Safe Routes to Schools 23,956 (23,956) - - - 0
Congress Springs Park Safety 15,020 (15,020) - - - -
Playground Safety 287,799 (287,799) - - - -
Norton Rd Fire Access (6,500) 6,500 - - - -
Sobey/Quito Traffic Improvement (89,654) 89,655 - - - 0
ADA Improvements (Hakone) (1,175) (118,991) - (20,449) - (140,615)
Aloha Street Safety Improvement 45,344 - (2,000) - 43,344
Sara-S'vale/Seagull Traffic Sign 6,604 (3,435) - - - 3,169
Quito Road Bridge Replacement 131,894 (4,702) - - - 127,192
Traffic Safety 181,624 (113,489) - - - 68,135
Highway 9 Safety Project - 100,000 - - - 100,000
Highway 9 Traffic Signal Mod 83,204 (68,453) - - - 14,751
Sidewalks Yearly Project - 185,001 - - - 185,001
Traffic Signal @ Herriman 5,000 (2,000) - - - 3,000
Traffic Signal @ Verde Vista Lane 5,000 (2,000) - - - 3,000
Traffic Signal @ Kirkmont Dr 5,000 (2,000) - - - 3,000
Bridges @ 4th Street 100,000 - - - - 100,000
Xing @ Highway 9 / Oak Place (126) 245,436 - (104,541) - 140,769
Transfers-Project Reconcilation - (272,675) - - - (272,675
Total Public Safety 747,646 (242,585) - (126,990) - 378,071
Infrastructure
Lynde Ave Drainage (11,193) 11,193 - - - -
Village Streetscape Impv.Landscape 139,474 (139,474) - - - -
Saratoga Ave. Medians@Library 150,000 (150,000) - - - -
Prospect Avenue Medians 25,000 (25,000) - - - -
Citywide Traffic Sign Upgrade 386,172 (366,172) - - - -
Vessing Road Assessment (152,782) 152,782 - - - -
Village Streets cape Impv-Sidewalks 15,000 (15,000) - - - -
Blaney Plaza Improvement - Contruction 17,966 (17,968) - - - -
EI Quito Area Curb Replacement 500,000 (39,736) - - - 460,264
Median Repairs(Landscape/lrrig.) (33,069) (24,796) - - - (57,665)
Cox Ave Railroad Crossing Upgrade 319,725 17,096 3,814 (46,009) - 294,625
Blaney Plaza Improvement (16,537) 121,521 - (3,196) - 99,767
Sa ratoga-Sunnyvale/Gateway 1,662,939 (1,632,541 ) - (115,418) - (85,020)
Storm Drain Upgrades 49,108 150,892 - - - 200,000
Civic Center Landscape - 107,602 - (3,277) - 104,325
Village-Trees & Light - 7,369 - - - 7,369
Village-Trees & Lights/Sidestreets - 50,000 - - - 50,000
Signage @ City Entrance (8,628) 25,695 - (3,600) - 13,467
village-Streets cape Impv (Sidewalk, Curbs) - 738,624 - - - 738,624
Storm Drain @ EI Camino / Mt Vista 146,097 (46,097) - - - 100,000
Transfers-Project Reconcilation - 267 206 - - - 287 206
Total Infrastructure 3,187,273 (806,785) 3,814 (171,500) - 2,212,602
Facility
Theater Roof (3,822) 3,822 - - - -
Civic Center Master Plan (Design) (1,087) 1,087 - - - -
Animal Control Facility 309.449 (309,449) - - - -
Civic Theater Reroof (41,855) 41,855 - - - -
Village Fal;ade Mathching Fund (21,164) 21,164 - - - -
Book Go Round Repairs (33,326) 33,326 - - - -
North Campus/Prospect (553) 553 - - - -
Historical Park Fire Alarm System (882) 7,425 - - - 6,543
WHH Improvements (47) 94,147 - (19,363) - 74,737
Civic Center - Eaves @ COD - 25,000 - - - 25,000
Civic Center - COD Offices - 15,000 - - - 15,000
Transfers-Project Reconcllation - 43475 - - - 43,475
Total Facility 206,715 (22,597) - (19,363) - 164,755
Parks & Trails
EI Quito Improvements 91,490 (91,490) - - - -
Azule Park 2,968 (2,968) - - - -
Heritage Orchard Improvements 15,282 (15,282) - - - -
Skateboard Park - - - - - -
Foothill School Field Impv (8,528) 8,528 - - - -
San Marcos Open Space Track 17,054 (17,054) - - - -
Odd Fellows Trails Dev 60,500 (60,500) - - - -
Hakone Garden DfW 194,583 - - (4,150) - 190,433
Union Pacific Railroad (Deanza) Trail (35,116) 12,091 - (20,054) - (43,079)
ParkfTrail Repairs 954 37,680 - (6,475) - 32,159
Kevin Moran Improvements (1,289) 59,955 - (12,198) - 46,466
Transfers-Project Reconcilation - 30,657 - - - 30,657
Total Parks & Trails 337,900 (38,384) - (42,877) - 256,639
-
Total CIP Funds 4,479,534 1,110,351 3,814 360,729 - 3,012,268
Phil Angelides, State Treasurer ....
Inside the State Treasurer's Office ~
LOCAL AGENCY INVESTMENT FUND
QUARTERLY APPORTIONMENT RATES
5.68
6.97
8.81
11.11
11.23
11.82
9.87
10.32
10.32
9.09
7.24
8.01
8.76
8.52
7.97
5.87
4.64
4.25
5.76
5.62
5.56
5.70
5.19
5.80
6.16
2.96
1.98
1.47
2.38
4.03
-WNE.
5.78
7.35
9.10
11.54
11.68
11.99
9.64
10.88
9.98
8.39
7.21
7.87
9.13
8.50
7.38
5.45
4.51
4.45
5.98
5.52
5.63
5.66
5.08
6.18
5.32
2.75
1.77
1.44
2.85
4.53
~ .... ...... ................ ...... -', ....... -,,'
SEPTEMBER
"""'.><.<'!:..:..::' "-,' ~'""'-""'" .....: ,....,.,'.... '"
5.84
7.86
9.26
10.01
12.40
11.74
10.04
11.53
9.54
7.81
7.54
8.20
8.87
8.39
7.00
4.97
4.44
4.96
5.89
5.57
5.68
5.64
5.21
6.47
4.47
2.63
1.63
1.67
3.l8
DECEMBER.
,. '",.nd%i0JL;-'. ""."';....,....:.,,"^'."..:cooc.:':.'.:'
6.45
8.32
10.06
10.47
11.91
10.71
10.18
11.41
9.43
7.48
7.97
8.45
8.68
8.27
6.52
4.67
4.36
5.37
5.76
5.58
5.71
5.46
5.49
6.52
3.52
2.31
1.56
2.00
3.63
.--
SARA TOGA CITY COUNCIL
MEETING DATE:
September 6, 2006 AGENDA ITEM:
""~,;'" CITY MANAG'b~..:7 ~ {}
Thomas Scott DEPT HEAD\. J{) At (1() ~
~AA- Barbara Powell (Acting)
'-S~
ORIGINATING DEPT:
PREPARED BY:
SUBJECT: Budget Amendment for Three Library Expansion Projects
RECOMMENDED ACTION(S):
I. Accept the report.
2. Adopt the resolution approving the amendments to the FY 2006-07 Library Capital Expansion
Project Fund.
REPORT SUMMARY:
,.-
During the FY 2005-06 budget process the City Council approved funding for 3 projects in the Library
Capital Expansion Project Fund: HV AC Controls ($25,000), a Monument Sign ($9,000) and a
Lighting project ($1,000).
There were a number of extenuating circumstances that precluded completion of the projects in FY
2005-06. A number of attempts were made to repair the existing HV AC system controls before it was
deemed non-repairable. Unfortunately, when the HV AC system controls ultimately failed, it was too
late in the year to initiate the new system control selection and the amount of lead time for the final
installation. Similarly, the lighting system has to first be in full working order before the software
program can be updated. Again, this non-working status has made it necessary to put off
implementation until this fiscal year. Replacement of the monument sign has taken time in approving
the sign layouts and in fmding a suitable vendor and, similar to the other projects, was not completed
in the past fiscal year.
The projects are slated for completion in FY 2006-07; funding for them is available in the Library
Capital Expansion Project Fund, fund balance.
---
"I
,
FISCAL IMPACTS:
Approval of the recommend budget adjustment will increase the authorized projects in the Library
Capital Expansion Project Fund for FY 2006-07 from $20,000 to $55,000. All of which are fund from
the available fund balance. The following table provides a project listing with the associated budgets:
.-
$ 20,000
$ 25,000
$ 9,000
$ 1,000
S 35,000
Revised
Bud2et
$ 8,000
$ 6,000
$ 6,000
$ 25,000
$ 9,000
$ 1,000
$ 55,000
Use of Funds
Roof Ladder
Inside Signage
Interior Lightening Adjustments
HV AC _ Controls
Monument Sign
Lighting
Total Use of Funds
Current
Bud2et
$ 8,000
$ 6,000
$ 6,000
Budget
Revisions
CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS:
Undesignated funds in the amount of $35,000 will remain in the Library Capital Expansion Project
Fund and the projects will not be undertaken.
AL TERNA TIVE ACTION(S):
N/A
.....,/
FOLLOW UP ACTION(S):
Enter the budget amendments into the fiscal records and undertake the three additional projects.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Nothing additional.
ATTACHMENTS:
. Resolution amending the FY 2006-07 Library Capital Expansion Project Budget.
--
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
AMENDING THE FY 2006-07 EXPENDITURE BUDGET FOR THE LIBRARY
CAPITAL EXPANSION PROJECT FUND
WHEREAS, the City of Saratoga has three projects which were funded in the
Library Capital Expansion Project Fund in FY 2005-06 for a total of $35,000: HV AC-
Controls, a Monument Sign and a Lighting project;
WHEREAS, due to extenuating circumstances, the projects were not begun by
the end of the 2005-2006 fiscal year; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Saratoga hereby resolves to accept the budget amendments as submitted and authorizes
the budget adjustments for these three projects in the amount of $35,000;
AND BE IT FURTHER RESOLVED, that the Administrative Services Director
is directed to record these changes into the City's accounting records in accordance with
appropriate accounting practices as follows:
. Increase the Library Capital Expansion Project Fund # 320 in FY 2006-07 by
$35,000, funded with from the current fund balance
o HV AC - Controls $25,000.00
o Monument Sign $ 9,000.00
o Lighting Projects $ 1,000.00
BE IT FURTHER RESOLVED, the above and foregoing resolution was passed
and adopted at a regular meeting of the Saratoga City COlmcil held on 6th day of
September, 2006 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Norman Kline, Mayor
City of Saratoga
Attest:
Cathleen Boyer, City Clerk
-
SARATOGA CITY COUNCIL
MEETING DATE: September 6, 2006
AGENDA ITEM:
~
VJ~
ORIGINATING DEPT: Public Works
PREPARED BY: /~k.~
Kristin Borel
Administrative Analvst
CITY MANAGER:
DEPTHEAD:~~
n Cherbone
Director of Public Works
SUBJECT: Motor Vehicle (MY) Resolutions Prohibiting Parking
RECOMMENDED ACTION:
I. Move to adopt Motor Vehicle Resolution prohibiting parking on a portion of Cox Avenue.
2. Move to adopt Motor Vehicle Resolution prohibiting parking along a portion of Glen
Brae
3. Move to adopt Motor Vehicle Resolution prohibiting parking along Blaney Plaza
REPORT SUMMARY:
.-'
Cox Avenue
Recently the City received a request to paint a red curb at the comer of Saratoga Woods Circle
where it meets Cox Avenue. Cars parked along this section block the site distance needed to exit
Saratoga Woods Circle safely onto Cox A venue. The City Traffic Engineer determined that parking
along this section of Cox Avenue creates a safety hazard, and is therefore recommended that
parking along this section of Cox Avenue be restricted. In order to enforce the new parking
restrictions on Cox A venue, it is necessary that the attached Motor Vehicle Resolution be adopted
by the City Council.
Glen Brae
The City received a request to paint the curbs red on either side of the parking lot exits at Congress
Springs Park. Cars that are parked along this section of Glen Brae block the site distance necessary
to exit the parking lot safely. It is therefore recommended that parking along this section of Glen
Brae be restricted. In order to enforce the new parking restrictions on Glen Brae, the City Council
must adopt the attached resolution.
_.
Blanev Plaza
The City received a memo from the Sheriffs Office requesting that a red curb be painted along the
north side of Saratoga-Los Gatos Road on the section between 14410 Big Basin Way (Starbucks)
and Blaney Plaza. Cars parking along this section of the road creates an obstruction to larger
vehicles traveling on this section of the frontage road. It is therefore recommended that parking
along this section be restricted. In order to enforce the new parking restrictions, it is necessary that
the attached Motor Vehicle Resolution be adopted by the City Council.
I
,
FISCAL IMPACTS:
...."
Approximately $250 in labor and materials for each location.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
The MY Resolution's would not be adopted and parking would continue.
ALTERNATIVE ACTlON(S):
None.
FOLLOW UP ACTlON(S):
The curbs will be painted red, and/or "No Parking" signs posted, and the Sheriff's Department will
be notified of the new restrictions.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Nothing additional.
-/
ATTACHMENTS:
1. Motor Vehicle Resolution for Cox Avenue
2. Map of Cox Avenue and Saratoga Woods Circle
3. Motor Vehicle Resolution for Glen Brae
4. Map of Glen Brae
5. Motor Vehicle Resolution for Blaney Plaza frontage road
6. Memo from Sheriffs Department
7. Map of Blaney Plaza
...."
2 of2
Attachment 1
RESOLUTION NO. MV-
RESOLUTION RESTRICTING PARKING ON COX AVENUE
The City Council of the City of Saratoga hereby resolves as follows:
Section I: Based upon an engineering and traffic study, the following parking restrictions
shall be designated on Cox Avenue:
NAME OF STREET
DESCRIPTION
RllSTRICTION
Cox Avenue
Beginning at the south westerly No Parking Anytime
corner of Cox Avenue where it meets
Saratoga Woods Circle and terminating
25 feet west of the intersection;
This resolution shall become effective at such time as the signs and/or markings are
installed.
The above and foregoing resolution was passed and adopted by the City Council of the
City of Saratoga at a regular meeting held on the 6th day of September, 2006, by the
;-. following vote:
AYES:
NOES:
ABSENT:
Norman Kline, Mayor
ATTEST:
Cathleen Boyer, City Clerk
-
"",
Cox Avenue at
Saratoga Woods Circle
Parking Restrictions
Attachment 2
- 'I
o 12.5 25 50 75 100
Feet
Attachment 3
RESOLUTION NO. MV-
RESOLUTION RESTRICTING PARKING ON GLEN BRAE DRIVE
The City Council of the City of Saratoga hereby resolves as follows:
Section I: Based upon an engineering and traffic study, the following parking restrictions
shall be designated on Glen Brae Drive:
NAME OF STREET DESCRIPTION
RESTRICTION
Glen Brae Drive Along Glen Brae Drive between the
two parking lot exits of Congress
Springs Park (the Main Parking
Lot and the Alternate Parking Lot
exiting onto Glen Brae Drive).
No Parking Anytime
Beginning at the south easterly
corner of Glen Brae Drive where it meets
the Congress Springs Alternate Parking Lot
and terminating at the first driveway to the south.
This resolution shall become effective at such time as the signs and/or markings are
installed.
The above and foregoing resolution was passed and adopted by the City Council of the
City of Saratoga at a regular meeting held on the 6th day of September, 2006, by the
following vote:
AYES:
NOES:
ABSENT:
Norman Kline, Mayor
ATTEST:
Cathleen Boyer, City Clerk
_.
Attachment 4
Glen Brae Drive at Congress Springs Park
Parking Restrictions
-I
"
I
I,
I
,
o 12,525 50 75 100
Feet
Attachment 5
RESOLUTION NO. MV-
RESOLUTION RESTRlCTING PARKING BLANEY PLAZA FRONTAGE ROAD
The City Council of the City of Saratoga hereby resolves as follows:
Section I: Based upon an engineering and traffic study, the following parking restrictions
shall be designated on Blaney Plaza Frontage Road:
NAME OF STREET
DESCRIPTION
RESTRlCTION
Blaney Plaza
Frontage Road
Along the entire southern edge of Blaney
Plaza beginning at the crosswalk
on Big Basin way and ending to the
east where the Frontage Road meets
Saratoga-Los Gatos Road.
No Parking Anytime
This resolution shall become effective at such time as the signs and/or markings are
installed.
The above and foregoing resolution was passed and adopted by the City Council of the
City of Saratoga at a regular meeting held on the 6th day of September, 2006, by the
following vote:
AYES:
NOES:
ABSENT:
Norman Kline, Mayor
ATTEST:
Cathleen Boyer, City Clerk
County of Santa Clara
Office of the Sheriff
Attachment 6
55 West Younger Avenue
San Jose, California 95110-1721
(408) 808-4400
MEMORANDUM
Laurie Smith
Sheriff
TO
Rick Torres, Saratoga Street Maintenance
SUBJECT
Deputy Steve Grisenti #1475~i--
Parking and Traffic at Blaney Plaza
FROM
DATE
July 12, 2006
Since the Starbucks Coffee shop opened at the comer of Big Basin Way and Saratoga Los Gatos
Rd , I have started to notice two traffic problems in this area. The first is that due to the small
parking lot for Starbucks, cars are parking out on the one way frontage road between Blaney
Plaza and Starbucks. There are parking spaces marked by the right hand curb. The left side ofthe
roadway does not have spaces marked but neither does it prohibit cars from parking there and
that is what a few cars are now doing. This causes problems for large vehicles tumingright onto
Saratoga Los Gatos Rd from Big Basin Way. I recommend that the curb along Blaney Plaza be
painted red and signs posted to prohibit parking on this side of the frontage road.
The second problem is that vehicles exiting the Starbucks and the other businesses across from
Blaney Plaza have to make a right turn as this is a one way street. Many drivers who want to go
NIB on Saratoga Los Gatos Rd, drive past the stop sign and then make a U-turn at the end of the
center island between Blaney Plaza and Oak St ,also crossing over two sets of double yellow
lines. This is dangerous as cars are crossing the two NIB lanes of Saratoga Los Gatos Rd. This
considered a business district and is in violation of 22102 VC. Even though a sign prohibiting
U-turns is not required I would recommend a "NO U-TURN" sign be posted at the end of the
island to help reduce this problem.
---- ----
~ ~
----------
~ -
I
I
1--
Attachment 7
Saratoga-Los Gatos Road
Blaney Plaza
Parking Restrictions
o 12.525 50 75 100
Feet
,-
,.-.'
--
SARATOGA CITY COUNCIL
MEETING DATE: September 6, 2006
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AGENDA ITEM:
ORIGINATING DEPT: Public Works
PREPARED BY: Macedonio Nunez MAl DEPT HEAD:
si nt n in hn
SUBJECT: Renewal of Traffic Signal Maintenance Contract for Republic Electric
RECOMMENDED ACTION:
I, Renew contract with Republic Electric for the continued monthly maintenance and on-call
repair of Saratoga traffic signals.
REPORT SUMMARY:
Currently, the City's traffic signals are maintained on a monthly basis by Republic Electric per a
defined maintenance schedule (see attached contract), The current contract also provides for on-
call repair and service of the traffic signals when the need arises, or when the signal trouble is
beyond the scope of monthly maintenance. The cost for the scheduled service is $95.00 per
signalized intersection per month, with any callouts/unscheduled repairs performed on a time-and-
materials basis.
Republic Electric has to date been very responsive to service calls, and the work rendered has
always been of a very high level of quality, Further, Republic Electric as a company possesses
great expertise in areas of signal design, infrastructure-related electrical work, and traffic signal
timing and control. This experience has proven invaluable with numerous traffic signal-related
problems over the duration of the present contract.
It is therefore recommended that the traffic signal maintenance contract be renewed with Republic
Electric for the period of July I, 2006 to June 30, 2008.
FISCAL IMPACTS:
Funding for this work is programmed in the adopted annual budget for traffic signal maintenance.
The budget contains sufficient funds to cover the contract amount.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
The existing contract with Republic Electric will not be extended, and traffic signal maintenance
would not continue at this time.
ALTERNATIVE ACTION(S):
None in addition to the above.
......,I
FOLLOW UP ACTION(S):
A renewed maintenance contract will be executed with Republic Electric.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
None at this time.
ATTACHMENTS:
I. Traffic signal maintenance contract with Republic Electric.
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Attachment 1
CITY OF SARATOGA
STANDARD
INDEPENDENT CONTRACTOR AGREEMENT
THIS AGREEMENT is made at Saratoga, California by and between the CITY
OF SARATOGA, a municipal corporation ("City"), ~md Republic Electric,
("Contractor"), who agree as follows:
RECITALS
WHEREAS, City requires the services of a qualified contractor to provide the
work product described in Exhibit A of this Agreement; and
WHEREAS, City lacks the qualified personnel to provide the specified work
product; and
WHEREAS, Contractor IS duly qualified to provide the required work
product; and
WHEREAS, Contractor is agreeable to providing such work product on the
terms and conditions hereinafter set forth.
NOW THEREFORE, the parties hereto agree as follows:
1. RESULTS TO BE ACHIEVED Subject to the terms and conditions
set forth in this Agreement, Contractor shall provide to City the work
product described in Exhibit A ("Scope of Work"). Contractor is not
authorized to undertake any efforts or incur any costs whatsoever under the
terms of this Agreement until receipt of a fully executed Purchase Order
from the Finance Department of the City of Saratoga.
2. TERM The term of this Agreement commences on July 1,
2006, and extends through June 30, 2008 or the completion of the project,
whichever occurs first, unless it is extended by written mutual agreement
between the parties, provided that the parties retain the right to terminate
this Agreement as provided in Exhibit D at all times.
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3. PAYMENT City shall pay Contractor for work product produced
pursuant to this Agreement at the time and in the manner set forth in
Exhibit B ("Payment"). The payments specified in Exhibit B shall be the only
payments to be made to Contractor in connection with Contractor's
completion of the Scope of Work pursuant to this Agreement. Contractor
shall submit all billings to City in the manner specified in Exhibit B; or, if no
manner is specified in Exhibit B, then according to the usual and customary
procedures and practices which Contractor uses for billing clients similar to
City.
4. FACILITIES AND EQUIPMENT Except as set forth in Exhibit C
("Facilities and Equipment"), Contractor shall, at its sole cost and expense,
furnish all facilities and equipment, which may be required for completing
the Scope of Work pursuant to this Agreement. City shall furnish to
Contractor only the facilities and equipment listed in Exhibit C according to
the terms and conditions set forth in Exhibit C.
5. GENERAL PROVISIONS City and Contractor agree to and shall
abide by the general provisions set forth in Exhibit D ("General Provisions").
In the event of any inconsistency between said general provisions and any
other terms or conditions of this Agreement, the other term or condition
shall control insofar as it is inconsistent with the General Provisions.
6. EXHIBITS All exhibits referred to in this Agreement are attached
hereto and are by this reference incorporated herein and made a part of this
Agreement.
7. CONTRACT ADMINISTRATION This Agreement shall be
administered on behalf of City by Dave Anderson ("Administrator"). The
Administrator has complete authority to receive information, interpret and
define City's policies consistent with this Agreement, and communicate with
Contractor concerning this Agreement. All correspondence and other
communications shall be directed to or through the Administrator or his or
her designee.
8. NOTICES All notices or communication concerning a party's
compliance with the terms of this Agreement shall be in writing and may be
given either personally, by certified mail, return receipt requested, or by
overnight express carrier. The notice shall be deemed to have been given
and received on the date delivered in person or the date upon which the
postal authority or overnight express carrier indicates that the mailing was
delivered to the address of the receiving Party. The Parties shall make good
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faith efforts to provide advance courtesy notice of any notices or
communications hereunder via telefacsimile. However, under no
circumstances shall such courtesy notice satisfy the notice requirements set
forth above; nor shall lack of such courtesy notice affect the validity of
service pursuant to the notice requirement set forth above. Any Party
hereto, by giving ten (10) days written notice to the other, may designate any
other address as substitution of the address to which the notice or
communication shall be given. Notices or communications shall be given to
the Parties at the addresses set forth below until specified otherwise in
writing:
Notices to Contractor shall be sent to:
Repu blic Electric
371 Bel Marin Keys Blvd, #200
Novato, CA 94949-5699
Notices to City shall be sent to:
Dave Anderson, City Manager
City of Saratoga
13777 Fruitvale Avenue
Saratoga, CA 95070
With a copy (which copy shall not constitute notice) to:
City Clerk
City of Saratoga
13777 Fruitvale Avenue
Saratoga, CA 95070
9. ENTIRE AGREEMENT This Agreement supersedes any and all
agreements, either oral or written, between the parties hereto with respect to
Contractor's completion of the Scope of Work on behalf of City and contains
all of the covenants and agreements between the parties with respect to the
rendering of such services in any manner whatsoever. Each party to this
Agreement acknowledges that no representations, inducements, promises or
agreements, orally or otherwise, have been made by any party, or anyone
acting on behalf of any party, which are not embodied herein, and that no
other agreement, statement or promise not contained in this Agreement
shall be valid or binding. No amendment, alteration, or variation of the
terms of this Agreement shall be valid unless made in writing and signed by
the parties hereto.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
CONTRACTOR:
By:
Date:
Print Name: James Wagner
Position: Vice President of Engineering
CITY OF SARATOGA, a municipal corporation
By:
Date:
Name: Dave Anderson
Title: City Manager
APPROVED AS TO FORM:
By:
Date:
City Attorney
APPROVED AS TO BUDGET AUTHORITY AND INSURANCE:
By:
Date:
Administrative Services Director
Attachments
Exhibit A -- Scope of Work
Exhibit B -- Contract Payment and Reporting Schedule
Exhibit C -- Facilities and Equipment
Exhibit D -- General Provisions
Exhibit E -- Insurance Requirements
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EXHIBIT A
SCOPE OF WORK
1. Contractor agrees to furnish all labor, material and equipment to
perform all work necessary to maintain traffic signal facilities within
the jurisdiction of City, all in accordance with the terms herein.
Contractor is to do all such work and provide such material, as an
independent contractor, subject to inspection and approval by the
Director of Public Works or the Director's authorized agent.
2. Contractor agrees to the following preventative maintenance:
LIST OF INTERSECTIONS
Contractor will maintain the following traffic signals:
. Prospect Rd. jMiller Ave.
. Quito Rd. j Allendale Ave.
. Quito Rd. jPollard Ave.
. Saratoga-Sunnyvale Rd.jReid Ln.jGerald ZapelIi Ct.
. Saratoga-Sunnyvale Rd. jHerrimar1 Ave.
. Saratoga-Sunnyvale Rd. jBlauer Dr.
. Saratoga-Sunnyvale Rd. jPierce Rd.
. Saratoga-Sunnyvale Rd. jCox Ave. jWardell Rd.
. Saratoga-Sunnyvale Rd. j Seagull Ave.
. Saratoga Ave. jCox Ave.
. Saratoga Ave. jVineyard Ln. jBellgrove Cir.
. Saratoga Ave. jDagmar Dr.
. Saratoga Ave. jScotland Dr.
. Saratoga Ave. jFruitvale Ave.
. Fruitvale Ave. j Allendale Ave.
REPUBLIC ELECTRIC SHALL PERFORM THE FOLLOWING TASKS
CONSISTENT WITH THE NEEDS OF THE CITY OF SARATOGA:
MONTHLY ROUTINE MAINTENANCE
. Visually inspect controller and cabinet for proper operation.
. Visually inspect all vehicular and pedestrian signals for proper operation
and replace outages found.
. Visually inspect and realign signals as required.
. Visually inspect all LED vehicular and pedestrian signals for proper
operation and replace outages found. All LED units will be reimbursed by
SARATOGA. Labor and equipment for installahon of LED units are
included.
. Check load switches.
. Check relays.
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o Visually check for bent visors and back plates.
o Reset telephone modems.
o Check for broken or missing emergency vehicle detectors.
o Visually inspect the battery backup system (BBS).
o Turn off Utility power and ensure system effectively switches to the BBS.
o Manually record inspection date and time in controller cabinet and send
written confirmation of monthly inspection with recommendations to
SARATOGA by intersection.
3 - MONTH ROUTINE MAINTENANCE IIn addition to monthly)
o Check and actuate each pedestrian push button for proper operation.
o Check the time setting and match with time sheet on electromechanical
and solid state controllers.
o Visually inspect roadway along loop detectors for possible exposed wires,
cracks and pot holes.
o Check detector amplifiers and tune if needed.
o Manually record inspection date and time in controller cabinet and send
written confirmation of 3-month inspection with recommendations to
SARATOGA by intersection.
6 _ MONTH ROUTINE MAINTENANCE IIn addition to monthly and 3-
month)
o Check controller cabinet filter.
o Check ground rod clamp and wire.
o Check wire schematics and records to make sure they are in the cabinet.
o Check operation of the fan.
o Check operation of ground fault receptacle.
o Measure voltage at service inputs in cabinet and record.
o Visually check for wear and function on electromechanical components.
o Check BBS battery voltage/amp output. Make recommendations for
battery replacement when necessary.
o Test BBS charging system.
o Test batteries and record results.
o Report results regarding measurement level to client.
o Manually record inspection date and time in controller cabinet and send
written confirmation of 6-month inspection with recommendations to
SARATOGA by intersection.
YEARLY ROUTINE MAINTENANCE IIn addition to monthly. 3 and 6-
month)
o Vacuum and clean controller cabinet and contents.
o Replace cabinet filter.
o Check weatherproof gasket seal on controller cabinets.
o Visually check integrity of splices on all pullboxes.
o Check for water accumulation and duct sealant.
o Lubricate hinges and lock on controller cabinets.
o Check indicator lamps.
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. Check all connectors.
. Check detector extensions.
. Clean BBS.
. Check all BBS connections and clean terminals.
. Add anti-corrosion compound to the battery terminals.
. Record BBS results and provide report to client.
. Read electronic error history of Conflict Monitor or Malfunction
Management Unit and record results if any.
. Test Conflict Monitor or Malfunction Management Unit.
. Test Emergency vehicle Pre-emption system by driving all approaches and
testing with strobe.
. Manually record inspection date and time in controller cabinet and send
written confirmation of yearly inspection with recommendations 1:0
SARATOGA by intersection.
3. Contractor agrees to respond to normal traffic signal and illuminated
street name sign lamp outage calls during regular business hours
under the per month per intersection price specified in Exhibit B,
section 1.
4. Contractor will perform an initial inspection of all intersections and
provide written recommendations of all repairs required. Said work
shall be performed on a time and material basis at the rates specified
in Exhibit B, section 1.
5. Contractor agrees to provide phone service for the receIVmg of
notification of inoperative Traffic Signals including those items
requiring emergency repair and service during Contractor's normal
business hours and an answering service for the receiving of
notification of inoperative Traffic Signals requiring emergency repairs
or service at all times (7days per week) other than Contractor's
normal business hours, whether such notification originates with Cily
or of a party or person other than City.
6. Contractor agrees to have service personnel available 24 hours per
day to respond to traffic signal and controller trouble calls. Response
time will be within one hour during regular business hours and after
regular business hours and weekends. In the event of multiple calls,
each will be serviced on a priority basis. City will provide Contractor
with a priority list. This priority list will constitute authorization from
City to Contractor to leave an intersection of a. non-priority status to
respond to a priority intersection.
7. Contractor agrees to provide response service 24 hours per day for
repair of the equipment and appurtenances, such as safety lighting,
street name signs, street lighting, pedestrian and traffic signals,
controllers, flashing beacons and detector devices which Contractor
may be called upon from time to time by City to repair, replace or
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refurbish. However, it is understood that any materials reqmnng
replacement in excess of Two Thousand Five Hundred Dollars
($2500.00) will not be installed without prior written approval from
City.
8. Respond and make corrective action to all service requests within one
hour on weekdays (regular hours; 7am to 4pm), and two hours on
nights (4pm to 7am), weekends, and holidays. No travel time charges
shall be incurred during normal regular hours. Service requests
during non-regular hours are subject to a two hour minimum
charges.
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EXHIBIT B
PAYMENT
1. TOTAL COMPENSATION In addition for furnishing said labor,
materials and equipment, pursuant to Paragraphs 2 and 3, (preventative
maintenance), Contractor shall receive from the City the sum of Ninety-Five
Dollars ($95.00) per month for each signalized intersection.
In consideration for furnishing labor, materials and equipment pursuant to
Exhibit A, Paragraph 4, Contractor shall receive the invoice cost of materials
plus 20% and its then current labor rates. Equipment rental rates shall be
the rates specified in the California Department of Transportation
publication entitled Labor Surcharge and Equipment Rental Rates that is in
effect at the time the work is performed plus 15%.
The total sum which City shall pay for the routine maintenance work
product to be provided by Contractor pursuant to this Agreement (including
reimbursable expenses) shall not exceed $20,000.00. The total sum which
City shall pay for the response maintenance work product to be provided by
Contractor pursuant to this Agreement (including reimbursable expenses)
shall not exceed $17,000.00.
Labor Hourlu Rate Schedule
Electrician Foreman
Labor j Electrician
Labor jElectrician (Overtime)
$ 96.85
$ 88.00
$155.00
Equipment Hourlu Rate Schedule
Bucket Truck
Mo bile Crane
Compressor
Arrow-board
Enqineerinq Fee Schedule
Principal Engineer
Senior Engineer
Associate Engineer
Staff Engineer
Senior Engineering Assistant
$ 22.00
$ 65.00
$ 18.00
$ 15.00
$195.00 per hour
$175.00 per hour
$150.00 per hour
$125.00 per hour
$115.00 per hour
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Engineering Assistant
CAD Operator
Clerical
Reproductions
$105.00 per hour
$75.00 per hour
$75.00 per hour
Cost plus 15%
Audible Pedestrian Siqnal Installation
When directed by the City, Republic will install audible signals at the cost of
$4,000.00 per intersection (or $500.00 ea), and vibro-tactile signals at the
cost of $11,000 per intersection. Cost assumes existing traffic signal
infrastructure is compatible and is in working order with proposed audible
or vibro-tactile signals. Costs include audible signal or vibro-tactile
material, equipment, and labor; excludes installation of new conductors if
required.
2. INVOICES Contractor shall submit invoices, not more often than
once a month during the term of this Agreement, based on the cost for work
performed and reimbursable expenses incurred prior to the invoice date.
Invoices shall contain the following information:
a. Serial identifications of bills, i.e., Bill No.1;
b. The beginning and ending dates of the billing period;
c. A summary containing the total contract amount, the amount
of prior billings, the total due this period, and the remaining
balance available for all remaining billing periods.
3. MONTHLY PAYMENTS City shall make monthly payments, based
on such invoices, for satisfactory progress in completion of the Scope of
Work, and for authorized reimbursable expenses incurred.
4. REIMBURSABLE EXPENSES There shall be no right to
reimbursement of expenses incurred by Contractor except as specified III
Exhibit A to this Agreement.
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EXHIBIT C
FACILITIES AND EQUIPMENT
City shall furnish physical facilities such as desks, filing cabinets,
and conference space, as may be reasonably necessmy for Contractor's use
while consulting with City employees and reviewing records and the
information in possession of City. The location, quantity, and time of
furnishing said physical facilities shall be in the sole discretion of City. In
no event shall City be obligated to furnish any facility which may involve
incurring any direct expense, including, but not limiting the generality of
this exclusion, long-distance telephone or other communication charges,
vehicles, and reproduction facilities. Contractor shall not use such services,
premises, facilities, supplies or equipment for any purpose other than in the
performance of Contractor's obligations under this Agreement.
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EXHIBIT D
GENERAL PROVISIONS
1. INDEPENDENT CONTRACTOR At all times during the term of
this Agreement, Contractor shall be an independent contractor and shall not
be an employee of City. Contractor shall complete the Scope of Work
hereunder in accordance with currently approved methods and practices in
Contractor's field. City shall have the right to control Contractor only with
respect to specifying the results to be obtained from Contractor pursuant to
this Agreement. City shall not have the right to control the means by which
Contractor accomplishes services rendered pursuant to this Agreement.
Likewise, no relationship of employer and employee is created by this
Agreement between the City and Contractor or any subcontractor or
employee of Contractor. Nothing contained in this Agreement shall be
construed as limiting the right of Contractor to engage in Contractor's
profession separate and apart from this Agreement so long as such activities
do not interfere or conflict with the performance by Contractor of the
obligations set forth in this Agreement. Interference or conflict will be
determined at the sole discretion of the City.
2. STANDARD OF PERFORMANCE Contractor shall complete the
Scope of Work required pursuant to this Agreement in the manner and
according to the standards observed by a competent practitioner of the
profession in which Contractor is engaged in the geographical area in which
Contractor practices its profession. All work product of whatsoever nature,
which Contractor delivers to City pursuant to this Agreement, shall be
prepared in a substantial, first class and workmanlike manner and conform
to the standards of quality normally observed by a person practicing in
Contractor's profession.
3. TIME Contractor shall devote such time to the Scope of Work
pursuant to this Agreement as may be reasonably necessary for satisfactory
performance of Contractor's obligations pursuant to this Agreement. After
this Agreement has been in effect for at least one full calendar year, the unit
prices paid as indicated in Exhibit B may be adjusted each fiscal year based
on the San Francisco Bay Area Consumer Price Index (CPI) for urban wage
earners and clerical workers for the year ending with November; provided,
however, any such adjustment to the unit prices shall not increase the
maximum contract amount set forth in this Agreement. The Contractor
request adjustments in writing prior to March 1 for the following fiscal year.
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4. CONTRACTOR NO AGENT Except as City may specify in writing,
Contractor shall have no authority, express or implied, to act on behalf of
City in any capacity whatsoever as an agent. Contractor shall have no
authority, express or implied, pursuant to this Agreement to bind City to
any obligation whatsoever.
5. BENEFITS AND TAXES Contractor shall not have any claim under
this Agreement or otherwise against City for seniority, vacation time,
vacation pay, sick leave, personal time off, overtime, health insurance,
medical care, hospital care, insurance benefits, social security, disability,
unemployment, workers compensation or employee benefits of any kind.
Contractor shall be solely liable for and obligated to pay directly all
applicable taxes, including, but not limited to, federal and state income
taxes, and in connection therewith Contractor shall indemnify and hold City
harmless from any and all liability that City may incur because of
Contractor's failure to pay such taxes. City shall have no obligation
whatsoever to payor withhold any taxes on behalf of Contractor.
6. ASSIGNMENT PROHIBITED No party to this Agreement may assign
any right or obligation pursuant to this Agreement. Any attempted or
purported assignment of any right or obligation pursuant to this Agreement
shall be void and of no effect. However, with the consent of the City given in
writing, Contractor is entitled to subcontract such portions of the work to be
performed under this Agreement as may be specified by City.
7. PERSONNEL
a. Qualifications. Contractor shall assign only competent personnel to
complete the Scope of Work pursuant to this Agreement. In the event that
City, in its sole discretion, at any time during the term of this Agreement,
desires the removal of any such persons, Contractor shall, immediately
upon receiving notice from city of such desire of City, cause the removal of
such person or persons.
b. Employment Eligibility. Contractor shall ensure that all employees
of Contractor and any subcontractor retained by Contractor in connection
with this Agreement have provided the necessary documentation to
establish identity and employment eligibility as required by the Immigration
Reform and Control Act of 1986. Failure to provide the necessary
documentation will result in the termination of the Agreement as required
by the Immigration Reform and Control Act of 1986.
c. Prevailing Wages. This is a public works contract within the meaning of
Part 7 of Division 2 of the California Labor Code (Sections 1720 et seq.). In
accordance with California Labor Code Section 1771, all contractors and
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subcontractors on this public work project shall pay not less than current
prevailing wage rates as determined by the California Department of
Industrial Relations ("DIR"). Pursuant to Section 1773 of the California
Labor Code, the City has obtained the general prevailing rate of wages and
employer payments for health and welfare, vacation, pension and similar
purposes in the City of Saratoga, a copy of which is on file at 13777
Fruitvale Avenue, Saratoga, California at the office of the Public Works
Director, and shall be made available for viewing to any interested party
upon request.
8. CONFLICT OF INTEREST
a. In General. Contractor represents and warrants that, to the best
of the Contractor's knowledge and belief, there are no relevant
facts or circumstances which could give rise to a conflict of
interest on the part of Contractor, or that the Contractor has
already disclosed all such relevant information.
b. Subsequent Conflict of Interest. Contractor agrees that if an actual
or potential conflict of interest on the part of Contractor is discovered after
award, the Contractor will make a full disclosure in writing to the City. This
disclosure shall include a description of actions, which the Contractor has
taken or proposes to take, after consultation with the City to avoid, mitigate,
or neutralize the actual or potential conflict. Within 45 days, the Contractor
shall have taken all necessary steps to avoid, mitigate, or neutralize the
conflict of interest to the satisfaction of the City.
c. Interests of City Officers and Staff. No officer, member or employee
of City and no member of the City Council shall have any pecuniary interest,
direct or indirect, in this Agreement or the proceeds thereof. Neither
Contractor nor any member of any Contractor's family shall serve on any
City board or committee or hold any such position which either by rule,
practice or action nominates, recommends, or supervises Contractor's
operations or authorizes funding to Contractor.
9. COMPLIANCE WITH LAWS
In General. Contractor shall observe and comply with all laws, policies,
general rules and regulations established by City and shall comply with the
common law and all laws, ordinances, codes and regulations of
governmental agencies, (including federal, state, municipal and local
governing bodies) applicable to the performance of the Scope of Work
hereunder, including, but not limited to, all provisions of the Occupational
Safety and Health Act of 1979 as amended, and Section 1771 of the
California Labor Code.
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b. Licenses and Permits. Contractor represents and warrants to City
that it has all licenses, permits, qualifications and approvals of whatsoever
nature which are legally required for Contractor to practice its profession.
Contractor represents and warrants to City that Contractor shall, at its sole
cost and expense, keep in effect at all times during the term of this
Agreement any licenses, permits, and approvals which are legally required
for Contractor to practice its profession. In addition to the foregoing,
Contractor shall obtain and maintain during the term hereof a valid City of
Saratoga Business.
c. Funding Agency Requirements. To the extent that this Agreement
may be funded by fiscal assistance from another entity, Contractor shall
comply with all applicable rules and regulations to which City is bound by
the terms of such fiscal assistance program.
d. Drug-free Workplace. Contractor and Contractor's employees and
subcontractors shall comply with the City's policy of maintaining a drug-free
workplace. Neither Contractor nor Contractor's employees and
subcontractors shall unlawfully manufacture, distribute, dispense, possess
or use controlled substances, as defined in 21 U.S. Code Section 812,
including marijuana, heroin, cocaine, and amphetamines, at any facility,
premises or worksite used in any manner in connection with performing
services pursuant to this Agreement. If Contractor or any employee or
subcontractor of Contractor is convicted or pleads nolo contendere to a
criminal drug statute violation occurring at such a facility, premises, or
work site, the Contractor, within five days thereafter, shall notify the City,
e. Discrimination Prohibited. Contractor assures and agrees that
Contractor will comply with Title VII of the Civil Rights Act of 1964 and
other laws prohibiting discrimination and that no person shall, on the
grounds of race, creed, color, disability, sex, sexual orientation, national
origin, age, religion, Vietnam era veteran's status, political affiliation, or any
other non-merit factors be excluded from participating in, be denied the
benefits of, or be otherwise subjected to discrimination under this
Agreement.
10. DOCUMENTS AND RECORDS
Property of City. All reports, data, maps, models, charts, studies, surveys,
photographs, memoranda or other written documents or materials prepared
by Contractor pursuant to this Agreement shall become the property of City
upon completion of the work to be performed hereunder or upon
termination of this Agreement.
Retention of Records. Until the expiration of five years after the furnishing
of any services pursuant to this Agreement, Contractor shall retain and
make available to the City or any party designated by the City, upon written
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request by City, this Agreement, and such books, documents and records of
Contractor (and any books, documents, and records of any subcontractor(s))
that are necessary or convenient for audit purposes to certify the nature and
extent of the reasonable cost of services to City.
Use OC Recycled Products. Contractor shall prepare and submit all
reports, written studies and other printed material on recycled paper to the
extent it is available at equal or less cost than virgin paper.
ProCessional Seal. Where applicable in the determination of the contract
administrator, the first page of a technical report, first page of design
specifications, and each page of construction drawings shall be
stamped/sealed and signed by the licensed professional responsible for the
report/design preparation. The stamp/seal shall be in a block entitled "Seal
and Signature of Registered Professional with report/ design responsibility"
as per the sample below.
11. CONFIDENTIAL INFORMATION Contractor shall hold any
confidential information received from City in the course of performing this
Agreement in trust and confidence and will not reveal such confidential
information to any person or entity, either during the term of the Agreement
or at any time thereafter. Upon expiration of this Agreement, or termination
as provided herein, Contractor shall return materials which contain any
confidential information to City. Contractor may keep one copy for its
confidential file. For purposes of this paragraph, confidential information is
defined as all information disclosed to Contractor which relates to City's
past, present, and future activities, as well as activities under this
Agreement, which information is not otherwise of public record under
California law.
12. RESPONSIBILITY OF CONTRACTOR Contractor shall take all
responsibility for the work, shall bear all losses and damages directly or
indirectly resulting to Contractor, to any subcontractor, to the City, to City
officers and employees, or to parties designated by the City, on account of
the performance or character of the work, unforeseen difficulties, accidents,
occurrences or other causes predicated on active or passive negligence of
the Contractor or of any subcontractor. Contractor is required to pay
prevailing wages, in accordance with Section 1771 of the Califomia Labor
City of Saratoga/ Standard Contract Agreement
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03/15/01
Page 160[24
Code; Contractor must also ensure that prevailing wages are paid by any
subcontractor.
13. INDEMNIFICATION Contractor and City agree that City, its employees,
agents and officials shall, to the fullest extent permitted by law, be fully
protected from any loss, injury, damage, claim, lawsuit, cost, expense,
attorneys fees, litigation costs, defense costs, court costs or any other cost
arising out of or in any way related to the performance of this Agreement.
Accordingly, the provisions of this indemnity provision are intended by the
parties to be interpreted and construed to provide the fullest protection
possible under the law to the City. Contractor acknowledges that City
would not enter into this agreement in the absence of the commitment of
Contractor to indemnify and protect City as set forth below.
Indemnity. To the fullest extent permitted by law, Contractor shall defend,
indemnify and hold harmless City, its employees, agents and officials, from
any liability, claims, suits, actions, arbitration proceedings, administrative
proceedings, regulatory proceedings, losses, expenses or costs of any kind
whatsoever without restriction or limitation, incurred in relation to, as a
consequence of or arising out of or in any way attributable actually,
allegedly or impliedly, in whole or in part, to the performance of this
Agreement. All obligations under this provision are to be paid by Contractor
as they are incurred by the City.
Limitation on Indemnity. Without affecting the rights of City under any
provision of this agreement or this section, Contractor shall not be required
to indemnify and hold harmless City as set forth above for liability
attributable to the sole fault of City, provided such sole fault is determined
by agreement between the parties or the findings of a court of competent
jurisdiction. This exception will apply only in instances where the City is
shown to have been solely at fault and not in instances where Contractor is
solely or partially at fault or in instances where City's fault accounts for only
a percentage of the liability involved. In those instances, the obligation of
Contractor will be all-inclusive and City will be indemnified for all liability
incurred, even though a percentage of the liability is attributable to conduct
of the City.
Acknowledgement. Contractor acknowledges that its obligation pursuant
to this section extends to liability attributable to City, if that liability is less
than the sole fault of City. Contractor has no obligation under this
agreement for liability proven in a court of competent jurisdiction or by
written agreement between the parties to be the sole fault of City.
Scope of Contractor Obligation. The obligations of Contractor under this
or any other provision of this Agreement will not be limited by the provisions
of any workers' compensation act or similar act. Contractor expressly
waives its statutory immunity under such statutes or laws as to City, its
employees and officials.
City of Saratoga! Standard Contract Agreement
My Documents/Contracts
03/15/01
Page 17 of24
Subcontractors. Contractor agrees to obtain executed indemnity
agreements with provisions identical to those set forth here in this section
from each and every subcontractor, sub tier contractor or any other person
or entity involved by, for, with or on behalf of Contractor in the performance
or subject matter of this Agreement. In the event Contractor fails to obtain
such indemnity obligations from others as required here, Contractor agrees
to be fully responsible according to the terms of this section. Such
responsibility extends to ensuring the payment of prevailing wages by every
subcontractor, in accordance with Section 1771 of the California Labor
Code.
In General. Failure of City to monitor compliance with these requirements
imposes no additional obligations on City and will in no way act as a waiver
of any rights hereunder. This obligation to indemnify and defend City as set
forth herein is binding on the successors, assigns, or heirs of Contractor
and shall survive the termination of this agreement or this section. For
purposes of Section 2782 of the Civil Code the parties hereto recognize and
agree that this Agreement is not a construction contract. By execution of
this Agreement, Contractor acknowledges and agrees that it has read and
understands the provisions hereof and that this paragraph is a material
element of consideration. City approval of the insurance contracts required
by this Agreement does not relieve the Contractor or subcontractors from
liability under this paragraph.
14. INSURANCE REQUIREMENTS Contractor shall procure and
maintain for the duration of the contract insurance as set forth in Exhibit E.
The cost of such insurance shall be included in the Contractor's bid.
15. DEFAULT AND REMEDIES
a. Events of default. Each of the following shall constitute an event of
default hereunder:
Failure to perform any obligation under this Agreement and failure to cure
such breach immediately upon receiving notice of such breach, if the breach
is such that the City determines the health, welfare, or safety of the public is
immediately endangered; or
2. Failure to perform any obligation under this Agreement and failure to
cure such breach within fifteen (15) days of receiving notice of such breach,
if the breach is such that the City determines that the health, welfare, or
safety of the public is not immediately endangered, provided that if the
nature of the breach is such that the City determines it will reasonably
require more than fifteen (15) days to cure, Contractor shall not be in
Page 180f24
City of Saratoga/ Standard Contract Agreement
My Documents/Contracts
03/15/01
default if Contractor promptly commences the cure and diligently proceeds
to completion of the cure.
b. Remedies upon default. Upon any Contractor default, City shall
have the right to immediately suspend or terminate the Agreement, seek
specific performance, contract with another party to perform this Agreement
and/or seek damages including incidental, consequential and/or special
damages to the full extent allowed by law.
c. No Waiver. Failure by City to seek any remedy for any default
hereunder shall not constitute a waiver of any other rights hereunder or any
right to seek any remedy for any subsequent default.
16. TERMINATION Either party may terminate this Agreement with or
without cause by providing 10 days notice in writing to the other party. The
City may terminate this Agreement at any time without prior notice in the
event that Contractor commits a material breach of the terms of this
Agreement. Upon termination, this Agreement shall become of no further
force or affect whatsoever and each of the parties hereto shall be relieved
and discharged here-from, subject to payment for acceptable services
rendered prior to the expiration of the notice of termination.
Notwithstanding the foregoing, the provisions of this Agreement concerning
retention of records, City's rights to material produced, confidential
information, contractor's responsibility, indemnification, insurance, dispute
resolution, litigation, and jurisdiction and severability shall survive
termination of this Agreement.
17. DISPUTE RESOLUTION The parties shall make a good faith effort to
settle any dispute or claim arising under this Agreement. If the parties fail
to resolve such disputes or claims, they shall submit them to non-binding
mediation in California at shared expense of the parties for at least 8 hours
of mediation. If mediation does not arrive at a satisfactory result,
arbitration, if agreed to by all parties, or litigation may be pursued. In the
event any dispute resolution processes are involved, each party shall bear
its own costs and attorneys fees.
18. LITIGATION If any litigation is commenced between parties to
this Agreement concerning any provision hereof or the rights and duties of
any person in relation thereto, each party shall bear its own attorneys' fees
and costs.
19. JURISDICTION AND SEVERABILITY This Agreement shall be
administered and interpreted under the laws of the State of California.
Jurisdiction of litigation arising from this Agreement shall be in that state
City of Saratoga/Standard Contract Agreement
My Documents/Contracts
03/15/01
Page 190f24
and venue shall be in Santa Clara County, California. If any part of this
Agreement is found to conflict with applicable laws, such part shall be
inoperative, null and void insofar as it conflicts with said laws, but the
remainder of this Agreement shall be in full force and effect.
20. NOTICE OF NON-RENEWAL Contractor understands and agrees
that there is no representation, implication, or understanding that the City
will request that work product provided by Contractor under this Agreement
be supplemented or continued by Contractor under a new agreement
following expiration or termination of this Agreement. Contractor waives all
rights or claims to notice or hearing respecting any failure by City to
continue to request or retain all or any portion of the work product from
Contractor following the expiration or termination of this Agreement.
21. PARTIES IN INTEREST This Agreement is entered only for the
benefit of the parties executing this Agreement and not for the benefit of any
other individual, entity or person.
WAIVER. Neither the acceptance of work or payment for work pursuant to
this Agreement shall constitute a waiver of any rights or obligations arising
under this Agreement. The failure by the City to enforce any of Contractor's
obligations or to exercise City's rights shall in no event be deemed a waiver
of the right to do so thereafter.
Page 20 of 24
City of Saratoga/Standard Contract Agreement
My Documents/Contracts
03/15/01
EXHIBIT E
INSURANCE
Please refer to the insurance requirements listed below. Those that have an
"X" indicated in the space before the requirement apply to Contractor's
Agreement (ignore any not checked).
Contractor shall provide its insurance broker(s)/agent(s) with a copy of
these requirements and request that they provide Certificates of Insurance
complete with copies of all required endorsements to: Administrative
Services Officer, City of Saratoga, 13777 Fruitvale Avenue, Saratoga, CA
95070.
Contractor shall furnish City with copies of original endorsements affecting
coverage required by this Exhibit E. The endorsements are to be signed by a
person authorized by that insurer to bind coverage on its behalf. All
endorsements and certificates are to be received and approved by City before
work commences. City has the right to require Contractor's insurer to
provide complete, certified copies of all required insurance policies,
including endorsements affecting the coverage required by these
specifications.
X Commercial General/Business Liability Insurance with coverage as
indicated:
lL $1,000,000 per occurrence/$2,000,000 aggregate limits for
bodily injury and property damage
$ per occurrence bodily injury / $ per
occurrence property damage
Coverage for X, C, U hazards MUST be evidenced on the
Certificate of Insurance
If the standard ISO Form wording for "OTHER INSURANCE", or
other comparable wording, is not contained in Contractor's
liability insurance policy, an endorsement must be provided
that said insurance will be primary insurance and any
insurance or self-insurance maintained by City, its officers,
employees, agents or volunteers shall be in excess of
Contractor's insurance and shall not contribute to it.
lL Auto Liability Insurance with coverage as indicated:
lL $1,000,000 combined single limit for bodily injury and property
damage
City of Saratoga/ Standard Contract Agreement
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03/15/01
Page 21 of 24
$
per person/$
per accident for bodily
lilJury
$ per occurrence for property damage
$ 500,000 combined single limit for bodily injury and property
damage
Garage keepers extra liability endorsement to extend coverage
to all vehicles in the care, custody and control of the contractor,
regardless of where the vehicles are kept or driven.
--1L Professional/Errors and Omissions Liability with coverage as
indicated:
--1L $1,000,000 per loss/ $2,000,000 aggregate
$5,000,000 per loss/ $5,000,000 aggregate
Contractor must maintain Professional/Errors & Omissions Liability
coverage for a period of three years after the expiration of this
Agreement. Contractor may satisfy this requirement by renewal of
existing coverage or purchase of either prior acts or tail coverage
applicable to said three year period.
--1L VVorkers' Compensation Insurance
--1L Including minimum $1,000,000 Employer's Liability
The Employer's Liability policy shall be endorsed to waive any right of
subrogation as respects the City, its employees or agents.
The Contractor makes the following certification, required by section 1861 of
the California Labor Code:
I am aware of the provisions of Section 3700 of the Labor Code which
require every employer to be insured against liability for workers'
compensation or to undertake self-insurance in accordance with the
provisions of that code, and I will comply with such provisions before
commencing the performance of the work of this contract
X Additional Insured Endorsement(s) for Commercial General/Business
Liability coverage naming the City of Saratoga, its officers, employees
and agents as additional insured.
(NOTE: additional insured language on the Certificate of Insurance is
NOT acceptable without a separate endorsement such as Form CG 20
10)
--1L The Certificate of Insurance MUST provide 30 days notice of
cancellation, (10 days notice for non-payment of premium). NOTE: the
City of Saratogaj Standard Contract Agreement
My Documents/Contracts
03flSjOl
Page 22 of 24
following words must be crossed out or deleted from the standard
cancellation clause: ". . . endeavor to . . ." AND ". . . but failure to
mail such notice shall impose no obligation or liability of any kind
upon the company, its agents or representatives."
X All subcontractors used must comply with the above requirements
except as noted below:
As to all of the checked msurance requirements above, the following shall
apply:
a. Deductibles and Self-Insured Retentions" Any deductibles or
self-insured retentions must be declared to and approved by the
City. At the option of the City, either (1) the insurer shall reduce
or eliminate such deductibles or self-insured retentions as
respects the City, its officers, officials and employees; or (2) the
Contractor shall procure a bond guaranteei.ng payment of losses
and related investigations, claim administration and defense
expenses.
b. City as Additional Insured. The City, its officers, officials,
employees and volunteers are to be covered as insureds as
respects: liability arising out of activities performed by or on
behalf of the Contractor; products and completed operations of the
Contractor, premises owned, occupied or used by the Contractor,
or automobiles owned, leased, hired or borrowed by the
Contractor. The coverage shall contain no special limitations on
the scope of the protection afforded to the City, its officers,.
officials, employees or volunteers.
c. Other Insurance Provisions. The policies are to contain, or be
endorsed to contain, the following provisions:
1. Any failure to comply with reporting provisions of the policies
shall not affect coverage provided to the City, its officers,
officials, employees or volunteers.
2. The Contractor's insurance shall apply separately to each
insured against whom claim is made or suit is brought, except
with respect to the limits of the insurer's liability.
City of Saratoga/Standard Contract Agreement
My Documents/Contracts
03/15/01
Page 23 of 24
3. Coverage shall not be suspended, voided, canceled by either
party, reduced in coverage or in limits except after thirty (30)
days' prior written notice by certified mail, return receipt
requested, has been given to the City.
d. Acceptability of Insurers. Insurance is to be placed with
insurers with a Bests' rating of no less than A: VII
City of Saratoga/ Standard Contract Agreement
My Documents/Contracts
03/15/01
Page 24 of 24
~.
SARATOGA CITY COUNCIL
MEETING DATE: September 6th, 2006
AGENDA ITEM:
31-
f7J C/
ORIGINATING DEPT: Public Works
CITY MANAGER:
MOr!!an Kessler@ DEPT HEAD: J~r~~
SUBJECT: Oak Place & Highway 9 Pedestrian Improvements - Award of Construction
Contract
PREPARED BY:
RECOMMENDED ACTION:
1. Move to declare George Bianchi Construction to be the lowest responsible bidder on the
project;
2. Move to award a construction contract to George Bianchi Construction in the amount of
$184,101;
..-
3. Move to authorize staffto execute change orders to the contract up to $19,000;
REPORT SUMMARY:
This project was previously bid during April of this year, and subsequently a contract for
construction was awarded by Council. Project circumstances changed, and with the contractor's
consent the project was put back out to bid.
Sealed bids for the Oak Place & Highway 9 Pedestrian Crosswalk Improvement Project were
opened on August 29th. The City received one bid by George Bianchi Construction in the amount
of$184,101. Staffhas carefully checked the bid along with the listed references and has determined
that the bid is responsive to the Notice Inviting Sealed Bids dated August 14th, 2006.
The scope of work includes furnishing all materials, equipment, and labor to construct and install
medians, curb/gutter sections, sidewalks, solar-powered pedestrian warning lights and all related
and incidental work.
It is therefore recommended that the Council declare George Bianchi Construction to be the lowest
responsible bidder on the project, and award a construction contract (Attachment 3) to this fIrm in
the amount of their bid. Further, it is recommended that the Council authorize staffto execute
change orders to the contract up to an amount of$19,000 to cover any unforeseen circumstances
and additional work, which may arise during the course of the project.
~.
,
FISCAL IMPACTS:
This project is fully funded, pending approval of the CIP.
--
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
George Bianchi Construction will not be declared the lowest responsible bidder and a construction
contract will not be awarded to that firm. The Council may make specific findings to declare
another bidder to be the lowest responsible bidder, or reject all of the bids and direct staff to re-bid
the entire project. However, staff does not believe that a lower bid will be obtained by re-bidding
the project due to the current construction market, and the nature of the project. It is also in the
City's best interest to get this safety-related project underway as soon as possible.
ALTERNATIVE ACTION(S):
None in addition to the above.
FOLLOW UP. ACTION(S):
The contract will be executed and the contractor will be issued. a Notice to Proceed. Work will be
completed within 45 working days of the Notice to Proceed date (see Attachment 2).
ADVERTISING, NOTICING AND PUBLIC CONTACT:
--
Local property and business owners will be contacted for notification purposes prior to
construction.
ATTACHMENTS:
1. Bid Summary
2. Bid Advertisement
3. Contract for Construction
--
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NOTICE INVITING BIDS
HIGHWAY 9 - OAK PLACE PEDESTRIAN CROSSWALK PROJECT
SEALED BIDS will be received by the CITY OF SARATOGA (CITY) until 10:00
am, Auqust 29th, 2006 for HIGHWAY 9 - OAK PLACE PEDESTRIAN
CROSSWALK PROJECT. Sealed bids shall be submitted addressed and noted
as follows:
Public Works Director
City of Saratoga
13777 Fruitvale Ave.
Saratoga, CA 95070
Sealed Bid for: HIGHWAY 9 - OAK PLACE PEDESTRIAN CROSSWALK
PROJECT
All bids must be accompanied by bidder's security in accordance with California
Public Contract Code Sections 20170 et seq.
Following the closure of the bid submittal period, bids will be publicly opened and
read for performing work as follows:
-
Furnishing all labor, materials, equipment, and performing all work
necessary and incidental to the construction of the project known as the
HIGHWAY 9 - OAK PLACE PEDESTRIAN CROSSWALK PROJECT,
according to drawings and specifications as prepared by the City of
Saratoga and according to the Contract Documents. The work to be
done consists of supplying all labor, methods or processes, implements,
tools, machinery, equipment and materials for curb, gutter, striping,
drainage, traffic control and other work not specifically mentioned herein,
but which may be required as directed by CITY or its designated
representative.
CITY hereby notifies all Bidders that it will affirmatively ensure that in
regard to any contract entered into pursuant to this Invitation for Bid,
Disadvantaged Business Enterprises (DBE's) will be afforded full
opportunity to submit Bids in response to this invitation and will not be
discriminated against on the basis of race, color, sex, national origin, in
consideration for an award.
Project is to be completed in 45 working days. The Contractor shall
pay to the City of Saratoga the sum of three hundred dollars ($300.)
for each and every calendar day's delay in finishing the work in
excess of the calendar day completion time.
Bidders may obtain copies of the bidding documents free of charge at the
Saratoga Public Works Department. Send requests for project drawings and
specifications to City of Saratoga; 13777 Fruitvale Avenue; Saratoga, California
95070; Attn: Public Works Director.
Pursuant to California Labor Code Section 1771, the successful bidder and all
subcontractors shall pay not less than the prevailing rate of per diem wages as
determined by the Director of the California Department of Industrial Relations.
Copies of such prevailing rate of per diem wages are available for view at the
City of Saratoga Department of Public Works.
Pursuant to California Public Contract Code Section 22300, the Contractor may,
at its option, choose to substitute securities for monies earned by the Contractor
and retained by CITY to ensure the performance of the Contract.
Pursuant to California Public Contract Code Section 3300, City has determined
that the Contractor shall possess a valid Contractors License at the time that the
bid is submitted. Failure to possess the specified license shall render the bid
non-responsive.
The successful bidder will be required to furnish a payment bond in the amount
equal to one hundred percent (100%) of the Contract Price, as well as a faithful
performance bond, in the amount equal to one hundred percent (100%) of the
Contract Price. The bonds shall be on the forms included in the Contract
Documents.
The successful bidder shall insure that employees and applicants for
employment are not discriminated against on the basis of age, color, race,
national origin, ancestry, religion, sex, sexual preference, or marital status, and
shall comply with the Americans with Disabilities Act.
Bids will be examined and reported to the City of Saratoga City Council (Council)
at a meeting within sixty (60) days of the bid opening. CITY reserves the right to
reject any and all bids, or to waive any irregularities or informalities in any bid or
in the bidding procedure, or to postpone the bid opening or award for good
cause. No Bidder may withdraw its bid for a period of five (5) calendar days after
the date of opening of the bids. Each bidder will be notified of award of contract,
if award is made. Contract Documents, Forms of Bid and any questions
concerning this bid should be addressed to Public Works Director, City of
Saratoga, (408) 868-1239.
CITY OF SARATOGA
Public Works Department
August 14th, 2006
THIS CONTRACT FOR CONSTRUCTION is made and entered into this
September 6th, 2006, by and between the City of Saratoga, a municipal
corporation (herein called CITY) and George Bianchi Construction, Inc, herein
called Contractor.
RECITALS
A. WHEREAS, the City has caused to be prepared in the manner prescribed by
law, plans, specifications and other contract documents for the public work of
construction HIGHWAY 9 - OAK PLACE PEDESTRIAN CROSSWALK PROJECT
herein described and shown and has approved and adopted the Contract
Documents, including the specifications and plans, and has caused to be published
in the manner and for the time required by law a Notice Inviting Bids for the work
described in the Contract Documents, and
B. WHEREAS, the Contractor in response to the City's Notice has submitted to
the City a sealed bid proposal accompanied by a bid guaranty in an amount not
less than ten percent (10%) of the amount bid for the construction of all of the
proposed work in accordance with the terms of the Contract Documents, and
C. WHEREAS, the City, in the manner prescribed by law, has publicly opened,
examined and declared the bids submitted and as a result has determined and
declared the Contractor to be the lowest responsible bidder and has duly awarded
to the Contractor a contract for all of the work and for the sum or sums named in
the bid proposal and in this Contract.
Accordingly, CITY and Contractor agree as follows:
(1) CONTRACT SUM: CITY agrees to pay, and the Contractor agrees to
accept, in full payment for the above work, the sum of $184,101.00 to be
paid in accordance with the Contract Documents.
(2) COMPLIANCE WITH LAW: CITY is a public agency. All provisions of law
applicable to public contracts are a part of this contract to the same extent
as though set forth herein and will be complied with by the Contractor.
(3) CONTRACT DOCUMENTS: The following Contract Documents relating to
this Contract for Construction are hereby made a part of and incorporated
by reference into this Contract:
The Notice Inviting Bids
Information for Bidders
Statement of Experience and Qualifications Bid Form
Contract for Construction
74
Contract Proposal,
Faithful Performance Bond
Labor and Materials Payment Bond
Contractor's Certificate Regarding Worker's Compensation
Certificate of Insurance and Endorsements,
Affidavit Concerning Conflicts of Interest and Noncompetitive Practices
Fair Employment Practices Certificate
General Conditions, Special Conditions and Attachments thereto,
State of California Department of Transportation Standard Plans and
Specifications, current year
Plans and Specifications prepared by City of Saratoga dated August 14th,
2006.
and supplemental agreements, certifications, and endorsements
applicable to this work, with all modifications incorporated in said
documents prior to receipt of the Contract Proposals.
Any work called for in one contract document not mentioned in another is
to be performed and executed the same as if mentioned in all Contract
Documents.
This Agreement (including all documents referred to above and
incorporated herein) represents the entire and integrated Agreement
between CITY and Contractor for the Project and supersedes all prior
negotiations, representations, or agreements, either written or oral. This
document may be amended only by written instrument, as provided in the
General Conditions.
(4) PROHIBITED INTEREST. Contractor represents that to the best of its
knowledge no director, officer, or employee of CITY has any interest,
contractual or non-contractual, financial or otherwise, in this transaction or
in the business of Contractor. If any such interest comes to the knowledge
of Contractor at any time, a full and complete disclosure of all such
information shall be made in writing to CITY, even if such interest would
not be considered a conflict of interest under Article IV Division 4
(commencing with Section 1090) or Division 4.5 (commencing with
Section 3600) of the Government Code of the State of California. No
member, officer, or employee of CITY or of any of its member jurisdictions
Contract for Construction
75
during his/her tenure of office, or for one year thereafter, shall have any
interest, direct or indirect, in this Contract or the proceeds therefrom.
(5) NOTICES. Any notices to be given hereunder by either party to the other
may be effected either by personal delivery, fax or mail. Mail shall be sent
registered or certified, postage pre-paid, return receipt requested. Mailed
notices shall be addressed to the parties at the addresses set forth below,
but each party may change its address by written notice in accordance
with this paragraph. Notices delivered personally shall be effective
immediately. Notices sent by mail shall be effective one (1) day after
mailing. Notices sent by facsimile shall be effective upon transmission to
the number set forth below.
CITY OF SARATOGA
CONTRACTOR
Public Works Director
City of Saratoga
13777 Fruitvale Ave.
Saratoga, CA 95070
(408) 868-1239
George Bianchi Construction
Travis Bianchi
775-A Maybury Road
San Jose, CA 95133
(408) 453-3037
(6) Warranties. The Contractor hereby warrants and guarantees for one (1)
year from and after the date of completion of the services provided for in
this Agreement that said materials and labor necessary for the HIGHWAY
9 - OAK PLACE PEDESTRIAN CROSSWALK PROJECT, shall operate
as provided for in the Technical Specifications and Contract Documents.
During the term of this warranty, Contractor shall provide all materials,
parts and labor, at its own expense, which are necessary to repair and/or
correct any and all defects, installation or operational failures in the
equipment from any cause. Notwithstanding the foregoing, Contractor
shall not be required to bear the expense of correction of any failure in the
equipment that is caused solely by the negligence or willful misconduct of
City. The warranties of each part or component supplied are in addition to
the warranties required of Contractor in the Contract Documents.
(7) Waiver. No waiver of any breach of the terms, conditions or covenants of
this contract shall be construed to be a waiver of any succeeding breach
of the same or any other covenants, conditions or terms of this contract.
The waiver by any party of a breach of this Contract shall not constitute a
continuing waiver, or a waiver of any subsequent breach, either of the
same of different provision of this Contract.
(8) Time of the Essence. Time is of the essence in this contract.
(9) ControllinCl Law. This contract and all matters relating to it shall be
governed by the laws of the State of California.
Contract for Construction
76
(10) Entire AQreement. it is expressly agreed between CITY and Contractor
that this contract. including the documents listed in paragraph 3 and
incorporated herein. expresses the complete agreement between the
parties and supersedes all prior oral or written negotiations, agreements
and understandings between them regarding the subject matter hereof.
This Agreement may be amended only by written agreement between the
parties as provided in the Contract Documents.
CONTRACTORS ARE REQUIRED BY LAW TO BE LICENSED AND
REGULATED BY THE CONTRACTORS' STATE LICENSE BOARD WHICH
HAS JURISDICTION TO INVESTIGATE COMPLAINTS AGAiNST
CONTRACTORS IF A COMPLAINT REGARDING A PATENT ACT OR
OMISSION IS FILED WITHIN FOUR (4) YEARS OF THE DATE OF THE
ALLEGED VIOLATION. A COMPLAINT REGARDING A LATENT ACT OR
OMISSION PERTAINING TO STRUCTURAL DEFECTS MUST BE FILED
WITHIN TEN (10) YEARS OF THE DATE OF THE ALLEGED VIOLATION. ANY
QUESTIONS CONCERNING A CONTRACTOR MAY BE REFERRED TO THE
REGISTRAR, CONTRACTORS' STATE LICENSE BOARD. PO. BOX 26000,
SACRAMENTO, CALIFORNIA 95826.
Contract for Construction
77
This Agreement is executed by CITY upon approval by the Council at its regular
scheduled meeting of September 6th, and the Contractor has caused this
Agreement to be duly executed.
CITY OF SARATOGA
CONTRACTOR:
By:
By:
(Dave Anderson, City Manager)
Dated: September 6th, 2006
Travis Bianchi
Printed Name:
Title:
(Attach Acknowledgment for
Authorized
Representative of Contractor)
Contractors License No.:
Expiration Date:
ATTEST:
Cathleen Boyer, City Clerk
APPROVED AS TO FORM:
Richard Taylor, City Attorney
(Contractor Signatures must be Notarized)
Contract for Construction
78
~.
SARATOGA CITY COUNCIL
ORIGINATING DEPT: Public Works
CITY MANAGER:
32)
G?.:7 c:::-'/
MEETING DATE: AUl!ust 6th, 2006
AGENDA ITEM:
MOr!!an Kessle@EPT HEAD: ~re ~ ~
SUBJECT: Blaney Plaza Improvements - Increase of Scope of Work to Existing Contract
PREPARED BY:
RECOMMENDED ACTION:
1. Approve increase of scope and associated extra costs to existing construction contract with
George Bianchi Construction;
REPORT SUMMARY:
.,-.
Following City Council's direction to proceed with improvements to Blaney Plaza, staff gathered
three bids for a construction contract to install new concrete walkways and a staircase. George
Bianchi Construction submitted the lowest bid of $24, 178. Staff subsequently proceeded with the
execution of a construction contract with this contractor since the project was less than the $25,000
limit, above which Council approval is required.
During construction activities it became apparent that a new ADA-compliant curb ramp and
associated flatwork would need to be performed, and this work was outside the original contract
scope. Because ofthe narrow time constraint to complete the plaza improvements by September
1 st, and the technical necessity to incorporate the curb ramp with the rest of the project's concrete,
staff directed the contractor to proceed with the additional work. Because of these changes, the
project amount exceeded the $25,000 limit, and therefore requires City Council approval.
Following is a project cost summary:
Original Bid:
Extra Ramp & Flatwork:
$24,178.00
$1,318.46
Total Project Cost:
$25,496.46
It is therefore recommended that the Council approve of the one-time cost increase for this project.
FISCAL IMPACTS:
.--
Project cost will increase in the amount of $1 ,318.46 for this contract.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
Council would not approve of the additional work and would direct staff regarding resolution of the
~~ ~
ALTERNATIVE ACTION(S):
None in addition to the above.
FOLLOW UP ACTION(S):
Payment will be made to the contractor, and the construction contract will be closed.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
None.
ATTACHMENTS:
None.
..../
-
SARATOGA CITY COUNCIL
MEETING DATE: September 6. 2006
AGENDA ITEM:
(9.2~
.-
ORIGINATING DEPT: Public Works
PREPARED BY: Mor!!an Kessler e-
CITY MANAGER:
-
ne
SUBJECT: 2006 Pavement Maintenance Program - Award of Construction Contract
RECOMMENDED ACTION:
1. Move to declare Graham Contractors, Inc. to be the lowest responsible bidder on the
proj ect.
2. Move to award a construction contract to Graham Contractors, Inc. in the amount of
$206,996.88.
3. Move to authorize staff to execute change orders to the contract up to $40,000.
- REPORT SUMMARY:
Sealed bids for the 2006 Pavement Maintenance Program were opened on Wednesday, August 30th.
A total of two contractors submitted bids and a summary of the bids received is attached
(Attachment 1). Graham Contractors, Inc. submitted the lowest bid of$206,966.88, which is 6%
below the Engineer's Estimate of$220,067.80. Bid amounts appear competitive and favorable
over past bidding attempt for this project. Staff has carefully checked the bid along with the listed
references and has determined that the bid is responsive to the Notice Inviting Sealed Bids dated
August 14th, 2006.
The scope of work includes furnishing all materials, equipment, and labor to install slurry seals and
scrub seals, and to re-stripe segments of public roadway at various locations throughout the City
(see attached location list).
It is therefore recommended that Graham Contractors, Inc. be the lowest responsible bidder on the
project, and to award a construction contract this firm in the amount of their bid.
Further, it is recommended that the Council authorize staff to execute change orders to the contract
up to an amount of $20,000 to cover any unforeseen circumstances and address additional work,
which may arise during the course of the project.
FISCAL IMPACTS:
.--
The current PMP fund balance is $687,300 which is sufficient to cover this project's cost.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
I
Graham Contractors, Inc. will not be declared the lowest responsible bidder and a construction
contract will not be awarded to that firm. The Council may make specific findings to declare
another bidder to be the lowest responsible bidder, or reject all of the bids and direct staff to re-bid
the entire project. However, staff does not believe that a lower bid will be obtained by re-bidding
the project due to the competitive nature of the current bids received.
-/
ALTERNATIVE ACTION(S):
Bid Item 3 could be revoked, and Add Alternative Item 3A could be used in lieu ofItem 3. This
action would specify the use of Caltrans Type II slurry aggregate material instead of black
aggregate. The cost savings would be relatively modest, and on the order of$9,000. It is staffs
opinion that the modest cost savings would not outweigh the benefits of using black aggregate
material, and staff highly recommends keeping the black aggregate specification.
FOLLOW UP ACTION(S):
The contract will be executed and the contractor will be issued a Notice to Proceed. Work will
begin as soon as possible, and be completed by within 45 working days. The public will be notified
of potential traffic impacts through the use of the City's website, newspaper ads, KSAR, radio
alerts, and "door hangers".
ADVERTISING, NOTICING AND PUBLIC CONTACT:
....,/
Nothing additional.
ATTACHMENTS:
1. Bid Summary
2. Advertisement
3. List of included streets
--
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NOTICE INVITING BIDS
2006 Pavement Maintenance ProQram
SEALED BIDS will be received by the CITY OF SARATOGA (CITY) until Auqust
28th, 2006 at 11 :00 am for the 2006 Pavement Maintenance Program. Sealed
bids shall be submitted, addressed and noted as follows:
John Cherbone, Public Works Director
City of Saratoga
13777 Fruitvale Ave.
Saratoga, CA 95070
Sealed Bid for 2006 Pavement Maintenance Program
All bids must be accompanied by bidder's security in accordance with California
Public Contract Code Sections 20170 et seq.
Following the closure of the bid submittal period, bids will be publicly opened and
read for performing work as follows:
Furnishing all labor, equipment, and performing all work necessary and
incidental to the construction of the project known as 2006 Pavement
Maintenance Program, according to drawings and specifications as
prepared by City of Saratoga and according to the Contract
Documents. The work to be done consists of supplying all labor,
methods or processes, implements, tools, machinery, and equipment to
install slurry seals, scrub seals, cape seals, striping and other work not
specifically mentioned herein, but which may be required as directed by
CITY or its designated representative.
CITY hereby notifies all Bidders that it will affirmatively ensure that in
regard to any contract entered into pursuant to this Invitation for Bid,
Disadvantaged Business Enterprises (DBE's) will be afforded full
opportunity to submit Bids in response to this invitation and will not be
discriminated against on the basis of race, color, sex, national origin, in
consideration for an award.
Project is to be completed within 45 working days from the date
specified in the Notice to Proceed. The Contractor shall pay to the
City of Saratoga the sum of three hundred dollars {$300.00l for
each and every calendar day's delay in finishing the work in excess
of the calendar day completion time.
Bidders may obtain copies of the bidding documents at the Saratoga Public
Works Department; Phone: (408) 868-1239. There is no charge for the bid
documents for this project. Send requests for project drawings and specifications
to City of Saratoga; 13777 Fruitvale Avenue; Saratoga, California 95070; Attn:
Public Works Director.
Pursuant to California Labor Code Section 1771, the successful bidder and all
subcontractors shall pay not less than the prevailing rate of per diem wages as
determined by the Director of the California Department of Industrial Relations.
Copies of such prevailing rate of per diem wages are available for view at the
City of Saratoga Department of Public Works.
Pursuant to California Public Contract Code Section 22300, the Contractor may,
at its option, choose to substitute securities for monies earned by the Contractor
and retained by CITY to ensure the performance of the Contract.
Pursuant to California Public Contract Code Section 3300, City has determined
that the Contractor shall possess a valid General Engineering Contractor License
at the time that the bid is submitted. Failure to possess the specified license
shall render the bid non-responsive.
The successful bidder will be required to furnish a payment bond in the amount
equal to one hundred percent (100%) of the Contract Price, as well as a faithful
performance bond, in the amount equal to one hundred percent (100%) of the
Contract Price. The bonds shall be on the forms included in the Contract
Documents.
The successful bidder shall insure that employees and applicants for
employment are not discriminated against on the basis of age, color, race,
national origin, ancestry, religion, sex, sexual preference., or marital status, and
shall comply with the Americans with Disabilities Act.
Bids will be examined and reported to the City of Saratoga City Council (Council)
at a meeting within thirty (30) days of the bid opening. CITY reserves the right to
reject any and all bids, or to waive any irregularities or informalities in any bid or
in the bidding procedure, or to postpone the bid opening or award for good
cause. No Bidder may withdraw its bid for a period of five calendar days after the
date of opening of the bids. Each bidder will be notified of award of contract, if
award is made. Contract Documents, Forms of Bid and any questions
concerning this bid should be addressed to Public Works Director, City of
Saratoga, (408) 868-1239.
CITY OF SARATOGA
Office of the Clerk
June 14th, 2006
2006 Pavement Maintenance Program
Project Extents
~Iurry ..",,,,
Area Area
Street PASS Crack seal From To (sq.yd.) (sq.yd.)
Brockton X End Plymouth 660 660
Brockton X Plymouth Cambridge 1100 1100
Brockton X Cambridge Darien 950 950
Brockton X Darien Miller 950 0
Brockton X Miller Bach 1400 0
Brockton X Bach Rodoni 1110 0
Brockton X Rodoni Homes 1460 0
Brockton X Homes Brookglen 1420 1420
Brookglen X End Brockton 1460 1460
Brookglen X Brockton Gunther 1320 1320
Brookglen X Gunther Bellwood 1330 0
Monte Vista X End End 3930 3930
Parker Ranch End End 8610 0
Road
.--
...-.
.--.
SARA TOGA CITY COUNCIL
MEETING DATE: September 6'\ 2006
'2:>1
AGENDA ITEM:
ORIGINATING DEPT: Public Works
CITY MANAGER:
PREPARED BY: Mon!an Kessler 9
DEPT HEAD: John Cherbone
~~
SUBJECT: Council Resolution to delegate authority to City Manager to execute funding
agreements with the California Department of Transportation.
RECOMMENDED ACTION(S):
Approve resolution authorizing the City Manager to execute funding agreements made between the
City and the California Department of Transportation.
REPORT SUMMARY:
Background
In order for the City to receive grant funding from State funded programs, the City Council is
required to delegate an authorized individual to execute the agreements between the City and
California Department of Transportation.
Discussion
On July 13'h of this year, City staff received a letter and program agreement allocating State funds
towards the Oak Place & Highway 9 Pedestrian Project. The letter states that a Council Resolution
assigning an individual authority to execute this funding agreement, was required before and
reimbursement invoices may be submitted by the City.
FISCAL IMPACTS:
Funding for the Oak Place & Highway 9 Pedestrian Project in the amount of$168,768 and
subsequent State and Federally funded projects, will not be available without a Council-approved
Resolution.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S):
The Resolution would not be adopted, and funding for State and Federally funded projects would
not be available at this time.
\
ALTERNATIVE ACTlON(S):
-'"
None in addition to the above.
FOLLOW UP ACTlON(S):
Staff will forward a copy ofthe approved Resolution to Caltrans.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Nothing additional.
ATTACHMENTS:
1. Resolution.
--
--
20f2
RESOLUTION NO.
A RESOULTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
DELEGATING THE CITY MANAGER AUTHORITY TO EXECUTE FUNDING
AGREEMENTS WITH THE STATE OF CALIFORNIA DEPARTMENT OF
TRANSPORTATION
WHEREAS, the City of Saratoga is eligible to receive Federal and/or State funding for
certain Transportation Projects, through the California Department of Transportation and;
WHEREAS, Master Agreements, Program Supplemental Agreements, Fund Exchange
Agreements and/or Fund Transfer Agreements need to be executed with the California
Department of Transportation before such funds could be claimed and;
WHEREAS, The City of Saratoga wishes to delegate authorization to execute these
agreements and any amendments thereto to the City Manager and;
NOW, THEREFORE, BE IT RESOLVED, that the City Manager of the City of Saratoga
be authorized to execute all Master Agreements, Program Supplemental Agreements, Fund
Exchange Agreements, Fund Transfer Agreements and any amendments thereto with the
California Department of Transportation.
The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga
City Council held on the 6th day of August 2006 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Norman Kline, Mayor
ATTEST:
Cathleen Boyer, City Clerk
30f3
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\.I
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\.;
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~
SARATOGA CITY COUNCIL
'-\
MEETING DATE:
September 6, 2006
AGENDA ITEM:
ORIGINATING DEPT: Community Development CITY MANAGER: 9 J?,./
J } Dave Ande~
PREPARED BY: 75?' dl-?/l/'-- DEPT HEAD: ~~~21r;;
Lata Vasudevan, AICP Senior Planner John Livings one, AICP
SUBJECT: Application 07-040 - Appeal of Planning Commission's Design Review approval
of Application 04-359, which proposes a new home at 19930 Sunset Drive.
APPELLANTS: Alan and Meg Giberson of 15561 Glen Una Drive, Los Gatos, CA 95030
APPLICANT/OWNER: William Maston Arclritects/Oak Creek Partners LLC (Byrd)
PROJECT LOCATION: 19930 Sunset Drive (currently in Santa Clara County)
RECOMMENDED ACTION:
Staff recommends that the City Council uphold the Planning Commission's decision and deny the
appeal filed in application 07-040, and grant Design Review approval of application 04-359 subject
to conditions.
REPORT SUMMARY:
The applicant proposes to construct a one-story Santa Barbara-style home with a basement on a
72,228 (net) sq. ft. lot. The proposed home will be 5,574 square feet in floor area (including garage)
with a 5,181 square foot basement. A 728 square foot detached second dwelling unit is also
proposed. The proposed height of the home will be approximately 24 feet 9 inches as measured from
the average natural grade. I The proposed second dwelling unit will be approximately 18 ft. in height.
The property is currently within Santa Clara County but is in the process of being annexed to the
City. A resolution initiating the annexation was adopted by City Council on June 7,2006 and another
resolution finalizing the annexation will be scheduled for City Council review and approval in the
near future. With the pending annexation, this project is reviewed in accordance with the
I The Planning Conunission granted Design Review approval of this project with one of the conditions of approval
which allows an increase of 6 inches over the proposed height of 24 feet 9 inches in order to reduce grading
quantities.
lof3
,
requirements of the pre-zoning designation of this parcel, which is the Hillside Residential [HR]
~~ ~
This proposed project was presented to the Planning Commission at a duly noticed public hearing on
July 12, 2006. At this public hearing for the proposed project, the Planning Commission granted
Design Review approval with conditions on a 4-0 unanimous vote, with three Commissioners absent.
The public testimony and discussion that occurred prior to granting Design Review approval is
documented in the Planning Commission minutes. On July 27, 2006, Alan and Meg Giberson, who
own a neighboring parcel to the south of the subject project site, filed an appeal of Planning
Commission's Design Review approval of this project.
A resolution denying the appeal has been prepared for City Council adoption (see Attachment I).
Relevant background documents, including the Staff Report, Planning Commission minutes of July
12,2006 and a copy of the appeal application filed by Alan and Meg Giberson, are included in the
packet materials. As of the. writing of th!~ report, Staff has not received any substantive public
comments relating to the appeal of this project.
ALTERNATIVES:
I. Approve the appeal application 07-040, thereby overturning the Planning Commission's
Design Review approval of application 04-359.
2. Continue the public hearing to allow the applicant an opportunity to examine project-related
issues raised by the City Council.
3. Refer the project back to the Planning Commission for further action as may be directed by -.J
the City Council.
FISCAL IMPACTS:
Not applicable.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Notice of this hearing was mailed to property owners within 500 feet of the subject property,
advertised in the Saratoga News, and posted at City Hall.
ATTACHMENTS:
I. Resolution denying the appeal of Design Review approval of application 04-359.
2. Exhibits A - D: Exhibit A - Project Plans last revised on May 24, 2006 and date stamped
August 28, 2006; Exhibit B - City Arborist Reports dated November 29,2004 and March 22,
2005; Exhibit C - Fire Dept. comments dated November 22, 2004; Exhibit D - Conditions of
Geotechnical Clearance granted on March 22, 2005.
3. Appeal application filed by Alan and Meg Giberson.
2 on
.;
\...--.
4. Planning Commission Staff Report of July 12, 2006 and Resolution of Approval. (Exhibit A
of the Staff Report is presented in Attachment 2 of this report.)
5. Minutes from the July 12, 2006 Planning Commission public hearing.
6. Affidavit of mailing notices, public hearing notice, and mailing labels for project notification.
~
30f3
"-'
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APPROVAL OF RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SARA TOGA DENYING THE APPEAL
OF PLANNING COMMISSION'S
DESIGN REVIEW APPROVAL OF APPLICATION 04-359
Project Address - 19930 Sunset Drive
Property Owner - Oak Creek Partners LLC (BYRD)
Appellants - Alan and Meg Giberson
WHEREAS, on July 12, 2006 the City of Saratoga Planning Commission approved Design
Review application 04-359 to construct a one story Santa Barbara style home with a basement on a
72,228 (net) sq. ft. lot. The proposed home will be 5,574 square feet in floor area (including garage)
with a 5,181 square foot basement. A 728 square foot second dwelling unit is also proposed. The
home is situated at 19930 Sunset Drive, on a parcel (APN 510-26-001) which is to be annexed to the
City of Saratoga; and '
WHEREAS, on July 27,2006, Alan and Meg Giberson of 15561 Glen Una Drive in Los
Gatos filed an appeal of Planning Commission's Design Review approval of application 04-359; and
-
WHEREAS, on September 6, 2006, a date approved in advance by the Appellants and
Property Owner, the City Council held a public hearing to consider the appeal of application 04-359,
at which time all interested parties were given a full opportunity to be heard and to present evidence;
and
WHEREAS, the City Council of the City of Saratoga considered the application and all
testimony and other evidence submitted in connection therewith; and
WHEREAS, the City Council upheld the determination and findings of the Planning
Commission's Design Review approval of application 04-359; and
WHEREAS, this project is Categorically Exempt from the Environmental Quality Act
(CEQA) pursuant Section 15303, "New Construction or Conversion of Small Structures", Class 3 (a)
of the Public Resources Code (CEQA). This exemption allows for the construction or conversion of
up to three single-family residences. The site is in an urbanized area and is connected to utility and
roadway infrastructure and involves the construction of one single family home and a second
dwelling unit. An exception to this Categorical Exemption is not triggered by the existence of a
tributary of Wildcat Creek that traverses the western portion of the subject property; and
WHEREAS, the applicant has met the burden of proof required to support said
application for design review approval, and the following findings specified in Municipal Code
Section 15-45.080 and the City's Residential Design Handbook have been determined; and
-
WHEREAS, the applicant has met the burden of proof required to support said application
for Design Review approval, and the following findings have been met:
r-.,
(a) Avoid ullreasonable illterferellce with views alld privacy. The proposed home has been
designed such that it is at an angle in relation to other properties. Existing trees are proposed
for relocation, and new trees are also proposed to preserve view corridors and further screen
neighboring properties. The entertaining areas are either located down slope and away from
neighboring residences, or highly screened to control potential noise impact.
(b) Preserve Natural Lalldscape. Consideration has been given to ensure that the building form
is in harmony with the existing topography. Furthermore, a condition of project approval has
been added requiring a reduction in grading quantities. Many specimen trees are proposed for
relocation. A single architectural theme has been used throughout to unifY the building
elements into a single integrated design that adequately blends with the surrounding
landscape.
(c) Preserve Native alld Heritage Trees. There are no heritage trees on the property. The
proposed project exposes 36 native trees to potential damage during construction. The
applicant is proposing to relocate almost all of the trees that are in conflict with the proposed
design. One tree (#36 - a Plum Tree - as labeled on Sht. LA.! of attached Exhibit B) is
proposed for removal because of its poor condition. The applicant is required to submit a
security deposit to ensure that all trees are protected during construction. ')
(d) Mill im ize perceptioll of excessive bulk. The proposed residence has been designed to avoid
large expanses of a single form. The use of angles and varying plate heights, combined with a
well-selected use of building materials and colors contribute significantly in reducing bulk
and massing. Also, cutting a portion ofthe building into the hillside has further minimized
the appearance of bulk and massing.
(e) Compatible bulk alld height. The proposed varying rooflines and the use of different earth
tone materials, accents on the fa9ade, and garage doors facing the rear property line
adequately minimize the scale of the proposed home, resulting in an attractive building
fa9ades that will complement the style of the neighborhood.
(I) Currellt gradillg and erosioll cOlltrol methods. As conditioned, the proposal would conform
to the City's current grading and erosion control standards.
(g) Desigll policies alld techlliques. The proposed project conforms to all of the applicable
design policies and techniques in the Residential Design Handbook in terms of compatible
bulk, and avoiding unreasonable interference with privacy and views. The home is also
designed for energy efficiency because the main living and entertaining areas along the south
)
~
and west elevations, and the structure has been fit into the grade where possible to minimize
wall exposure.
'>......
Now, THEREFORE, the City Council ofthe City of Saratoga does hereby resolve as follows:
Section 1. This project is Categorically Exempt from the Environmental Quality Act (CEQA)
pursuant Section 15303, "New Construction or Conversion of Small Structures", Class 3 (a) of the
Public Resources Code (CEQA).
Section 2. After careful consideration ofthe site plan, architectural drawings, plans and other
exhibits submitted in connection with this matter, the application by Oak Creek LLC (Mr. and Mrs.
Byrd) for Design Review approval is hereby granted subject final annexation approval by the
Saratoga City Council and subject to the following conditions:
COMMUNITY DEVELOPMENT
The development shall be located and constructed as shown on Exhibit "A", last revised on May
24, 2006 and date stamped August 28, 2006. Conditions outlined below shall be incorporated
into the final plans.
1.
~
...~~.
2.
A deed restriction must be recorded with the County Recorder of Deeds, which limits rental of
the second dwelling unit to low or moderate-income households. This restriction must be
recorded prior to final occupancy permit.
Grading quantities for the yard work shaH be reduced such that such quantities do not exceed
1,000 cubic yards of cut and fill combined. The proposed height ofthe home maybe raised by6
inches over the proposed approximate height ofthe home of24 feet - 9 inches in order to reduce
grading quantities.
3. Four sets of complete construction plans incorporating required revisions, this Resolution and
the Arborist Reports on a separate plan page shaH be submitted to the Building Division.
4. Pest resistant landscaping plants shaH be considered for use throughout the landscaped area,
especially along any hardscaped area.
5. Plant materials selected shaH be appropriate to site specific characteristics such as soil type,
topography, climate, amount and timing of sunlight, prevailing winds, rainfaH, air movement,
patterns of land use, ecological consistency and plant interactions to ensure successful
establishment.
6. Existing native trees, shrubs, and ground cover shall be retained and incorporated into the
landscape plan to the maximum extent possible.
,
7. Proper maintenance oflandscaping, with minimal pesticide use, shal1 be the responsibility of the
property owner.
r---.
8. A utility plan, including the location and trenching for the fire hydrant and other utilities shal1 be
submitted with the construction drawings for the arborist to review in terms of impact on
adjacent trees.
9. The existing chain link fencing along the front and west side properties shall be removed. Any
existing barbed wire shal1 also be removed. All proposed fencing shall be consistent with the
provisions of Article 15-29 of the City Code.
10. The perpendicular parking area shown immediately to the west ofthe driveway entrance shall be
deleted, and shall not be included in the building permit plan set.
11. Al1 proposed screening trees proposed along the southern property line shall be evergreen
spec! es.
12. A storm water retention plan indicating how all storm, water will be retained on-site, and
incorporating the New Development and Construction - Best Management Practices, shall be
submitted along with the complete construction drawings.
CITY ARBORIST REpORT
The City Arborist reviewed this project and prepared two reports dated July 21,2004 and January 3, \
2005 as attached in Exhibit B, incorporated herein. The recommendations contained in these reports
are hereby included as conditions of approval. Among the recommendations outlined in this report is
the fol1owing:
13. A bond equal to $297,740, which is 100% of the value of the trees to be retained, is required
prior to issuance of final zoning clearance.
FIRE PROTECTION DISTRICT
14. The applicant shall comply with al1 Santa Clara County Fire District conditions of approval as
attached in Exhibit C, incorporated herein.
GEOTECHNICAL AND PUBLIC WORKS REVIEW
15. The applicant shall comply with all conditions of Geotechnical Clearance that was granted on
March 22, 2005 as shown on attached Exhibit D, incorporated herein.
)
SANTA CLARA COUNTY DEPARTMENT OF ROADS AND AIRPORTS
10"....--'
16. The applicant shall obtain all necessary encroachment permits from this department Plior to
issuance of City of Saratoga building permits.
CITY ATTORNEY
17. Applicant agrees to hold City harmless from all costs and expenses, including attorney's fees,
incurred by the City or held to be the liability of City in connection with City's defense of its
actions in any proceeding brought in any State or Federal Court, challenging the City's action
with respect to the applicant's project.
Section 3. Construction must commence within 36 months or this approval wil1 expire.
Section 4. All applicable requirements of the State, County, City and other Governmental
entities must be met.
PASSED AND ADOPTED by the City Council of Saratoga, State of California, the 6th day of
September 2006 by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
lo"...-
Norman Kline, Mayor
ATTEST:
Cathleen Boyer, CMC
City Clerk
This permit is hereby accepted upon the express terms and conditions hereof, and shall have no force or effect
unless and until agreed to, in writing, by the Applicant, and Property Owner or Authorized Agent. The
undersigned hereby acknowledges the approved terms and conditions and agrees to fully conform to and
comply with said terms and conditions within the recommended time frames approved by the City Council of
the City of Saratoga.
Michael Byrd
Date
Elizabeth Byrd
Date
Oak Creek Partners LLC
Date
By:
Its:
~
.'~~"~'
~.- ' ",.",;:-
-~ .- -.{
.
AR.R RESOURCES
..
EXHIBIT B
Professional Arboricultural Consulting & Tree Care
~
A TREE INVENTORY AND REVIEW OF THE
PROPOSED NEW RESIDENCE AT
19930 SUNSET DRIVE
SARA TOGA, CALIFORNIA
OWNER'S NAME: Bvrd
APPLlCA nON #: 04-359
APN #: 510-26-001
Submitted to:
Community Development Department
City of Saratoga
13 777 Fruitvale Avenue
Saratoga, CA 95070
...)
Prepared by:
David L. Babby, RCA
Registered Consulting Arborist #399
Certified Arborist #WE-4001A
November 29,2004
-J
P.O. Box 25295, San Mateo, California 94402 . Email: arborresources@earthlink.net
Phone: 650.654.335] . Fax: 650.654.3352 . Licensed Contractor #796763
.
David L. Bobby, Registere
suiting Arborist
..
November 29, 2004
SUMMARY
v
There are 51 trees in the vicinity of proposed development. Of these, 11 are in conflict and
14 would be significantly impacted.
Relocation is proposed as an alternative to removing 10 of the 11 trees in conflict.
Measures to minimize and/or mitigate the damage to trees being retained or relocated are
presented in the 'Recommendations' section of this report and includes numerous design
revisions to the grading and landscape design.
The tree protection bond is recommended to include the combined monetary value of all
retained and relocated trees as determined in the future by the Project Arborist
INTRODUCTION
The City of Saratoga Community Development Department has requested I review the
potential tree impacts associated with demolishing an existing residence and constructing a
new one at 19930 Sunset Drive, Saratoga. This report presents my findings and
recommendations.
Documents reviewed for this report include the following: an arborist report by Mr.
Raymond J. Morneau, dated 9/28/04; Sheets A.Ol, AU, A2.I, A2.2 and A4.1 thru A4.4
'-" (by William Maston Architect & Associates); Sheets I and 2 (by Westfall Engineers, Inc.);
and Sheets L-4, L-4.l and L4.2 (by Ken Shoppet Landscape Architect). The trees'
locations, numbers and canopy dimensions are presented on an attached copy of Sheet
AU (Site Plan).
Trees #72 thru 75 are not shown on plans reviewed; their trunk locations have been plotted
on the attached map and should not be construed as being surveyed. Please note these
trees are located on the eastern neighboring property and were included as they are at risk
of being damaged during development.
Rectangular, metallic tags were found attached to the trunks of each tree on site and
contain numbers corresponding to those presented in this report.
Please note the numbers presented in this report are not entirely sequential as the following
trees were excluded: those smaller than Ordinance size, trees #17 and 211 for having been
removed, and trees #65 thru 71 for being situated outside from the proposed development.
........
1 The initial arborist report identifies trees # ] 7 and 2] as being poor specimens that should be removed.
Consequently, I do not suggest mitigation for their removal.
Byrd Property, 19930 Sunset Drive, Saratoga
City olSaratoga Community Development Department
Page 1016
David L. Bobby, Registere
suIting Arborist
..
November 29, 2004
.
FINDINGS
'-'
The proposed project exposes the following 51 trees regulated by City Ordinance to
potential damage:
. 1 Chinese Pistache (#22)
. 9 Coast Live Oaks (#31, 32,43-46,64,72 and 73)
. 23 Coast Redwoods (#13-15, 18-20,28/29,230,33,34,42,48,49,53-55,59-63,74
and 75)
. 1 Douglas-Fir (#2, 4, 8 and 35)
. 1 Date Palm (#16)
. 1 English Hawthorn (#1)
. 2. Italian Cypress (#3, 9 and 24)
. Q Olive Trees (#10 and 37-41)
. 1-Plums (#36, 56, and 57)
Specific data regarding each tree is presented on the attached table and incorporates the
trunk diameters, crown radii, and tree heights shown in Mr. Morneau's report.
,
The proposed plans identifY trees #1,9,22,24,33 and 36-41 as being in conflict with the
proposed design. With the exception of tree #36, all are proposed for relocation on site.
Given tree #36's species and overall condition, I do not suggest mitigation for its removal.
There is an additional tree, #48, which is also proposed for relocation. However, I fmd it
would be better to retain and protect it in its current location rather than damaging the roots
of adjacent trees #48 and 64 during the relocation process.
'-'
Though not in direct conflict, trees #2-4,8, 10, 13, 15,20,28/29,30,44-46 and 49 would
sustain a significant level of damage by implementing the proposed grading, home and
landscape design. Plan revisions and mitigation measures are recommended in the next
section to lessen the anticipated damage to the trees' longevity, vigor and stability.
I anticipate each tree planned for retention and those approved for relocation can survive,
provided the recommendations presented in this report are carefully followed and
incorporated into construction plans.
RECOMMENDA nONS
Design Guidelines
1. The trunk locations of trees #72 thru 75 should be shown on all site-related plans
(including landscaping).
2. The project applicant or property owner must retain the Project Arborist on record, Mr.
Raymond Morneau, to appraise the monetary values of each tree presented in this
2 Tree #28/29 is comprised of two trunks originating from grade and is regarded as a single tree.
~
Byrd Property, 19930 Sunset Drive, Saratoga
City a/Saratoga Community Development Department
Page 20[6
.
--.
November 29, 2004
David L. Babby, Registered 'ulting Arborist
1
report; the trees shall be appraised according to the Guide for Plant Appraisal, 9'h
Edition, published by the International Society of Arboriculture, 2000. The combined
value of trees being retained and relocated is then used as the amount for the tree
protection bond (per City Ordinance, a bond equal to 100% of the combined appraised
value of inventoried trees is required).
3. The Project Arborist should also be retained to specifically comment on [I] the
location of the proposed basement beneath tree #15's canopy and [2] the proposed
foundation of the pool house beneath the canopies of trees #19 and 20. Measures to
mitigate the damage should also be provided and incorporated into the plan design and
development process. All comments and any possible plan refinements shall be
submitted to the City for review.
4. The proposed grading design should be revised so no grading is pI armed within the
areas enclosed by protective fencing as shown on the attached map. Where this is not
at all feasibly possible, the Project Arborist should review and comment on the impact,
and provide specific mitigation measures for achieving the survival of the tree(s) with a
reasonable assurance.
5. The portion of new driveway proposed beneath the canopies of trees #8, 74 and 75
must be placed on top of existing grade (including edging) and be fully pervious.
Furthermore, the existing soil surface shall not be compacted; the subbase materials
can be but must not exceed 75-percent.
6. The staircase and walls proposed beneath tree #30's canopy must be designed and
established entirely on top of existing soil grade and not require soil excavation (i.e. a
no-dig design). 1 also suggest that designing the features an additional five feet from
the tree's trunk be considered to lessen their potential future damage.
7. The staircase and walkway proposed immediately south of tree #49's trunk should
either be [I] redesigned to be at least 12 feet from the trunk (in line with the proposed
east-west wall of the pool house) or [2] the portion within the 12-foot distance be
elevated over existing soil grade and established using discontinuous footings. Should
the latter option be used, the footings must be installed by hand.
8. The wall, walkway and staircase proposed immediately southeast of tree #13's trunk
should be revised to be an additional five feet away from the trunk.
9. The lawn proposed beneath the canopies of trees #2-4 and 8 must be revised to comply
with the recommendations presented below the "Landscaping Guidelines" heading in
this section (towards the end of the report).
10. The proposed wall immediately south of tree #20's trunk should be revised to be in line
with the home's foundation (approximately 14 feet from the trunk's center).
......
Byrd Praperty, 19930 Sunset Drive, Saratoga
City olSaratoga Community Development Department
Page 3 016
.
David L. Babby, Registered .ulting Arborist
.
Navember 29, 2004
1 I. The walls proposed beneath the trees' canopies shall be designed without excavating
the existing soil grade. A pier and beam wall design is acceptable where a dry stack
wall is not appropriate, provided no soil excavation is required between the footings,
c
12. The pathways and edging proposed beneath the trees' canopies shall be constructed
entirely on top of existing grade (i.e. a no-dig design),
13. The proposed new location of tree #31 should be revised so its entire canopy is outside
from beneath tree #34' s. Furthermore, tree #48 should remain in its current location
rather than being relocated.
14. The Architectural drawings and arborist report refer to the project site being in the
Town of Los Gatos. The documents should be revised accordingly.
Tree Protection Measures during Construction
15. Tree protective fencing must be installed precisely as shown on the attached map and
established prior to any demolition, grading, surface scraping, construction or heavy
equipment arriving on site. It must be comprised of six-foot high chain link mounted
on eight-foot tall, two-inch diameter galvanized posts, driven two feet into the ground
and spaced no more than 10 feet apart. Once established, the fencing must remain
undisturbed and be maintained throughout the demolition and construction process; the
relocation or dismantling of fencing must be directly approved by the Project ArOOrist
and/or City before doing so.
"-"'
1 6. Unless otherwise approved, all construction activities must be conducted outside the
fenced areas (even after fencing is removed) and off unpaved soil beneath the canopies
of Ordinance-sized trees inventoried and not inventoried for this report, to include trees
along the west side of the driveway easement. These activities include, but are not
limited to, the following: grading, surface scraping, trenching, equipment cleaning,
stockpiling or dumping materials, and equipment/vehicle operation and parking.
Access within the fenced areas to construct any approved component or feature shall be
limited to foot and wheelbarrow traffic,
17. The Project Arborist should be retained at the owner's expense to visit the project site
as follows: [1] prior to demolition for determining whether the tree protective fencing
is properly established, [2] during any grading or trenching activity approved beneath
the trees' canopies (inside or outside the fenced areas), [3] during the relocation of
trees, [4] once per month for determining compliance to tree protection measures, and
[5] at any time specified in this report. Furthermore, I suggest a letter summarizing all
relevant fmdings and recommendations are faxed on a monthly basis to the City's
Community Development Department. All recommendations from the letters shall be
followed.
18. The relocation of each tree must be performed by a professional tree moving company.
A drip- or soaker hose-type system should also be designed to supply water to the trees
for a two- to three-year period following relocation.
~
Byrd Property, 19930 Sunset Drive, Saratoga
City ofS(D'atoga Community Development Department
Page4of6
.
David L Babby, Registered
ulting Arborist
...
November 29, 2004
~
19. The removal of walls or hardscape beneath the trees' canopies shall be manually
performed. Equipment shall not operate or travel on unpaved soil beneath the canopies
of retained trees.
20. Unless otherwise specified, approved grading beneath a tree's canopy shall be
manually performed using hand tools only.
21. Prior to excavating soil for the basement, a trench shall be dug to the required depth
where soil is planned for excavation closest the tree #15's trunk (where beneath its
canopy). Roots encountered having diameters of two inches and greater shall be
cleanly severed near the soil cut line. The freshly cut root end shall be immediately
wrapped in a plastic sandwich bag that is tightly secured using a rubber band or
electrical tape. Great care must be taken to avoid excavating beyond two feet from
basement wall.
22. Soil approved for excavation to construct the pool house must also be manually
performed using hand tools. The same root severance guidelines specified above
should be used.
23. Any new underground utilities should be planned outside from beneath canopies of
retained trees. Upon availability, plans showing their locations should be submitted to
the Project Arborist and/or City for review of any tree impacts.
~
24. Downspouts should be directed away from and be at least 15 feet to the side of the
trees' trunks.
25. The removal of any understory brush must only occur by hand. Great care must be
taken to minimize the amount of soil excavated during the process.
26. Prior to grading, 1 recommend a four-inch layer of wood chips from a tree company is
manually spread beneath the canopies of retained trees (the material should not contact
the tree's trunk).
27. Throughout development, 1 recommend supplemental water is supplied to each
retained tree. The specific intervals, amounts and methodolOgy should be obtained by
the Project Arborist.
28. The pruning of trees must be performed under supervision of an ISA Certified Arborist
and according to ISA standards. The scope of work should be reviewed and approved
by the Project Arborist.
Landscaping Guidelines
29. Herbicides should not be used beneath tree canopies. Where used on site, they should
be labeled for safe use near trees.
"...."
Byrd Property. 19930 Sunset Drive, Saratoga
City of Saratoga Community Development Department
Page 5 0/6
.
.
David L. Bobby, Registered
ulting Arborist
November 29, 2004 .
30. Upon availability, the landscape design (planting and irrigation) should be reviewed by
the Project Arborist and/or City for tree impacts.
r'
3]. Irrigation lines proposed beneath a tree's canopy should be placed on top of existing
soil grade. If trenching beneath a canopy and into the existing grade is necessary, the
trenches should be designed and dug in a radial direction to the trunks, and be no closer
than five times the diameter of the nearest trunk:. Irrigation should not spray beneath
the Oak canopies or within five feet from the trunks of all other trees.
32~ PlanCrnatenal requiring frequeriCwateniig should be inStalled away from the trees'
trunks by at least five times their diameter (a minimum distance of 1 0 feet is suggested)
and be limited to 25-percent of the dripline area Plant material installed beneath
canopies of Oaks should be drought-tolerant and also comprise no more than 25-
percent of a dripline area.
33. Stones, mulch or other landscape features should be at least one-foot from the trunks of
retained trees and not be in contact with the trunk:s of new trees. Installing edging
material or tilling beneath canopies should be avoided.,
Attachments: Tree Inventory Table
Site Map (Copy of Sheet AU)
('.
r')
Byrd Property, J 9930 Sunset Drive, Saratoga
City of Saratoga Community Development Department
Page6of6
-,
~:S~~~C~I~U~I~!s5:~ & Tree.!
TREE INVENTORY TABLE
"
0
.'" ~ "
" ~ il .51
r~ 00 00
g ~ " 00 1ij ., 1l
~ ~ ~
S 8- " ij
" ~~ 10.0 .5i "
II .51 .Elf J: .:! p:; "
." .." '6"
" " ." ~ " ~ .,., " <(
!j " " <5i II ii..r ~ ~ 0
~ S- o ",'8 <5i ~ "
S [00
(5 CI.l u 1l .." ] 0
"'~ 'E " 0 It
l: ~ 0; :E 0 Oll ""
TREE ~ Qj:E o Oll 8- CI.l
Oll 0 II .~ .!!!' u'v.:
NO. ThEE NAME 'il ij ~ ":I: t II ,,~ J: ~ .3d:
f-< :I: u 0 CI.l~ Q:::'
English Hawthorn ] ITIJ
(Cralaegus /aevigata ) Low X
Douglas-Fir ] [ITI
(Pseudolsuga menziesii) High 2
[J Incense Cedar I I ] ITIJ
(Calocedrus decurrens ) ]8.9 70 36 Good High 2
Douglas-Fir
(Pseudotsuga menziesii)
Douglas-Fir ITIJ
(Pseudotsuga menziesii)
""'. Italian Cypress GIIJ
(Cupressus sempervirens) X
Olive Tree
(Olea europaea )
Coast Redwood
(Sequoia sempervirens)
Coast Redwood ] ITIJ
(Sequoia sempervirens) Low 3
GJ Coast Redwood I 1 ITIJ
(Sequoia sempervirens) 43.7 95 48 Good High
GJ Date Palm I Moderate I ITIJ
(Phoenix sp. ) 15.5 14 14 Good 3
Coast Redwood
(Sequoia sempervirens)
Coast Redwood
(Sequoia sempervirens)
Coast Redwood
(Sequoia sempervirens)
"... REPLACEMENT TREE VALUES
] 5- Uon '" $120 24-incb box == $420 36-inch box = $1,320 48-incb box = $5,000 52-mob box ~ $7,000 72-inch box ~ $]5,000
SU: 1.9930 SlUISeI Drive., SaralOgll
Preparedfor: City ofSarotogll Comm. Development Depart.
Pr<pareJ by, JhnNl L Bobby, RCA lof4 N..ember 29, 2004
.. ~~s~~~c~/~u~~~s5:~ & Tree.!
TREE INVENTORY TABLE
"......""
"
.S "
1ij ~
i!J'l;i il 0
~ r~ .~
g ~ fa ~ ~ ~ 1l
0 "
S " J:~ "'0 '" 0 "
II :8 ~'if J: ~ li: "
"'" '6'
<l " 'i3 ~ " - on "
" .s II Ii " ~ ~ 0 -<:
~ ~ ~ " .s
S '" 0 ~-g e11 - j 5
is '" u ~ ]
>> "'~ "'"'" ilt
~ .E '" ] :E o OD "
TREE OIl ~ .sOD "iij:E o OIl 8- '" 10
'il ii II U";; - .s~
NO. TREE NAME > ~g ~~ ,g ~
(-< ~ u 0 ClC
Chinese Pistache
(Pistacia chinensis )
Italian Cypress
(Cupressus semperviren.s)
Coast Redwood
(Sequoia sempervirens )
GJ
Coast Redwood
(Sequoia sempervirens)
Coast Live Oak
(Quercus agrifalia )
Coast Live Oak
(Quercus agrifolia )
Coast Redwood
(Sequoia sempervirens)
Coast Redwood
(Sequoia sempervirens)
Douglas-Fir
(Pseudotsuga menziesii )
2
~
I Moderate I
39.1
Fair
50
95
~
GJ
24
Low
x
Plmn
(Prunus communis)
Olive Tree
(Olea europaeo )
Olive Tree
(Olea europaea )
Olive Tree
(Olea europaea )
Olive Tree
(Olea europaeo)
12
I Poor I
~
16
')
]5- aUon - $120
48-inch box - $5,000
52-inch box - $7,000
72-inch box - $15,000
24-inch box = $420
REPLACEMENT TREE VALVES
36-inch box - $1,320
Sil~.: 19930 Sumel DriJ.e, Saratoga
Preparedfor: City ofSaraJOga Comm. Det>elopment Depan.
Prepar.,J by.. D~id L Bobby, ReA
2of4
November 29, 2004
t::S?o;tb~C~I~U~I~~SSI:~ & Treetl
TREE INVENTORY TABLE
c
0
... $~ c
1l 0
~ ~'i .'"
g ~ 1S ~ " ~ il
S ~ 0 8- " a
c ~'il 0.0 0 :;J
I;; '" .~ o..~ ~i J: ;:j ;:;:: :a'
1) " ] ~ " ~ .... c
~ " <S I;; ii..J' 1< ~ 0 -<
~ !5. 0 .;:.'g .g ~ c
is S '" u e [j ~ 1l 0
>> ;::~ o..c i:@ rJj ~i
;<; :E o .. ~
ThEE 1 p" ] -Vj:E I
.. ~ s "" 8.;;
ThEE NAME 'il > :3:;: ~ II ~ " 0
NO. ..... ::c u 0 "'~ 0::::' ~~ .3~
Olive Tree IJ
(Oleo europaea )
CJ Coast Redwood I I ] [II]
(Sequoia sempervirens ) 7.2 37 ]6 Good High 4
GJ Coast Live Oak I Good I ] [II]
(Quercus agrifolia ) 5,8,4.5 ]8 ]4 High 4
Coast Live Oak ] [II]
(Quercus agrifolia ) High
Coast Live Oak ] [II]
(Quercus agrifolia ) High 2
-, CJ Coast Live Oak I Good I I 1=rIJ
(Quercus ognfolia) 7.5 37 ]6 High 2
,--.
Coast Redwood
(Sequoia sempervirens )
Coast Redwood
(Sequoia sempervirens)
GJ Coast Redwood I I I CIIJ
(Sequoia sempervirens) ]4.6 35 32 Fair Low 3
GJ Coast Redwood I I I D-D
(Sequoia sempervirens) 8.4 28 ]8 Fair Low 4
Coast Redwood
(Sequoia sempervirens)
P]wn
(Pnmus communis)
Plwn
(Pnmus communis)
Coast Redwood
(Sequoia sempervirens )
.........
~
72-inch box =; $15,000
15- Uoo=$120
24-inch box = $420
REPLACEMENT TREE VALVES
36-inch box = $1,320
48-inch box = $5,000
52-inch box = $7,000
Site.: 19.930 Swuet Drive, SarDtOgtJ
Prepared for: City of SaratDgD Comm.. Development Deport.
Prepat'eD by: n..ut L Booby, ReA
3.f4
November 29, 2004
4\ ~~s~~!!;c~~u~~~s5:~ & Tree.!
TREE INVENTORY TABLE
"
.8 "
" ~
~ '" .8
~ ~~ '" '" "
g ~ " '" " '" 1l
~ 8.~
~ '" 0 8- u lii
" i!!'iI 0 :;l
II 0 ~if e "'il p:;
'" .", ""~ "" '" '5'
"'il '" ] ... '" ~ '^ is
" <8.!.j 6...:- ~ ... <(
~ ~ 5. <8 j
~ 0 ~o ['" - is
is '" u 1! a 1l
6: - "'~ 1l{
"" 'ii :s 0 '" " " '"
TREE ~ '" 0 ~ s '" u~ o '" 8- '" "
Jj lii s:E t II U.;j J: - .H
NO. TREE NAME u 0 "'~ 0:::- "0 ~
Coast Redwood
(Sequoia sempervirens )
Coast Redwood
(Sequoia sempervirens)
Coast Redwood
(Sequoia sempervirens)
W Coast Redwood
(Sequoia sempervirens) 6.2 22 12 Fair Low 4
Coast Live Oak
(Quercus agrifalia )
Coast Live Oak
(Quercus agrifolia)
Coast Live Oak
(Quercus agrifolia)
Coast Redwood
(Sequoia sempervirens)
Coast Redwood
(Sequoia sempelVirens)
-
LCD
.....)
]5 Uoo ~ $]20
24-incb box == $420
REPLACEMENT TREE VALUES
...,,)
36,inch box ~ $],320
48-inch box == $5,000
52-inch box == $7,000
72-inch box - $15,000
Siu... 19930 SlUISet Drive, Saratoga
Prepared/Dr: City ofSarBtogo Comm. DeveJopmenJ Deport
Prepared by: David L Babby, ReA
4 of"
NOl'nnber 29, 2004
."'':T1:.... ....
..", '",,-,
. .
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ARB. RESOURCES .
Professional Arboricultural Consulting & Tree Care
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RE: REVIEW OF PLANS for the Proposed Residence at the Byrd Property;
19930 Sunset Drive, Saratoga; Application #: 04-359
Lata Vasudevan
Community Development Department
City of Saratoga
13777 Fruitvale Avenue
Saratoga, CA 95070
March 22, 2005
Dear Lata:
I have reviewed the following documents in relation to the proposed development at the
above-referenced site: [1] most recent set of project plans; [2] the report by Mr. Ray
Morneau, dated 2/11/05; and [3] the letter by Mr. Ken Schoppet, dated 2/7/05. My
comments are presented below.
'-'
I. The trunk locations of trees #72 thru 75 are shown on the Screening Plan (Sheet L-4.1)
but not on the Site Plan (Sheet Al.l) or Grading and Drainage Plan (Sheet 1). Plans
should be revised accordingly. Additionally, these trees' canopy dimensions as shown
on Sheets L-4.l and AI.l should represent the canopy sizes presented within the table
attached to my report dated 11/29/04.
2. The appraised value of each tree was accurately prepared to City Code by Mr.
Morneau. Based on his calculated amounts and trees planned for retention, the tree
protection bond amount required for this project is $297.740. This amount considers
the value of all trees minus #36 (a Plum in overall poor condition and being removed).
3. The proposed grading design has not been revised per item #4 of my report. Plans
should be revised accordingly, to include Sheets AI. I and 1 conforming to another.
4. Tree # 15 will be severely jeopardized by constructing the proposed basement. This
tree is identified as being in overall good condition and has a high suitability for
preservation. As such, measures to achieve a reasonable assurance of its stability and
longevity are suggested for compliance to the City's Ordinance. My recommendation
for achieving this includes redesigning the home in a manner so the closest edge of
excavation (including for any finish grading) is at least 20 feet from the tree's trunk.
This distance must also consider any overcut/overbuild required for constructing and
sealing the walls, as well as installing drainage components. One possible manner in
which to maximize the amount of square footage for the home while maintaining the
required setbacks is for the vertical cut of the basement to be achieved through "soil
nailing" and using shotcrete.
~
P.O. Box 25295, San Mateo, California 94402 . Email: arborresources@earthlink.net
Phone: 650.654.3351 . Fax: 650.654.3352 . Licensed Contractor #796763
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ARB. RESOURCES .
Professional Arboricultural Consulting & Tree Care
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March 22, 2005
19930 Sunset Drive
page 2
5. The proposed pool house should be redesigned so no soil excavation (including finish
grading) is required within 20 feet from the trunks of trees # 1 9 and 20. If this cannot
be achieved through the use of a pier and above-grade beam footing, then the structure
should be designed to be at least 20 feet from the trunks.
6. The proposed wall immediately south of tree #20's trunk has not been revised to be in
line with the home's foundation (per item #10 of my report) and plans should be
revised accordingly. The applicant has commented that the wall will be constructed
above grade using a pier and beam system. However, the proposed grading on the
wall's south side will significantly compromise this tree. In addition, the proximity of
the wall to the trunk is too close for minimizing the, potential risk of the wall being
damaged in the foreseeable future.
7. Item #5 of my report specifies the portion of new driveway proposed beneath the
canopies of trees #8, 74 and 75 being placed on top of existing grade. A note on Sheet
L-4.l indicates this will occur, however, the entire recommendation must be reflected
on Sheet 1, including where shown in Sections A-A on Sheet 2 ofthe plans.
~
8. The proposed staircase beneath tree #30's canopy should be designed an additional five
feet from its trunk than what is shown on Sheet Al.l. Sheets U.l and 1 should be
revised accordingly.
9. Sheet 1 does not reflect the staircase being in line with the east-west wall of the pool
house and should be revised accordingly.
10. The wall, walkway and staircase immediately southeast of tree #13's trunk have not
been revised on Sheet AU to be an additional five feet away from its trunk (per item
#8 of my report). The plan should be revised accordingly. .
11. A note is shown on Sheet L-4.1 regarding the proposed lawn beneath the canopies of
tree #2-4 and 8. However, the change(s) must be incorporated into the design and
shown on the plans.
12. The note specified on Sheet L-4.1 regarding item #12 of my report should also include
'edging.'
-.J
P.O. Box 25295, San Mateo, California 94402 . Email: arborresources@earthlink.net
Phone: 650.654.3351 . Fax: 650.654.3352 . Licensed Contractor #796763
'-"
10",;'
-.......
.
ARB. RESOURCES .
Professional Arboricultural Consulting & Tree Care
March 22, 2005
] 9930 Sunset Drive
page 3
13. The proposed storm drain shown on Sheet 1 should be reconfigured to be established
outside from the designated fenced area. Additional1y, all utilities and services should
be deigned as such. If this is not possible, alternative means for installing any line
should be prescribed and monitored by the Project Arborist.
Sincerely.
'\/;'
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David L. Babby, RCA
Consulting Arborist
P.O. Box 25295, San Mateo, California 94402 . Email: arborresources@earthlink.net
Phone: 650.654.3351 . Fax: 650.654.3352 . Licensed Contractor #796763
}I'
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FIRE DEPARTMENT
SANTA CLARA COUNTY
14700 Winchester Blvd., Los Gatos, CA 95032,1818
(408) 378-4010 . (408) 378,9342 (tax) . www.sccfd.org
PLA!IEWNUMBER 04
2965
BLDG PERMIT NUMBER
FILE NUMBER
04-359
J
~
CONTROL NUMBER
DEVELOPMENT REVIEW COMMENTS
CODE/SEC. I SHEET n REQUIREMENT
Review of a proposed 9503 square foot single family residence.
EXHIBIT C
FC
ppendix
I.A
Review of this Developrnental proposal is lirnited to acceptability of site access and
water supply as they pertain to fire departrnent operations, and shall not be
construed as a substitute for forrnal plan review to determine compliance with
adopted model codes. Prior to performing any work the applicant shall make
application to, and receive frorn, the Building Department all applicable
construction permits.
1. Required Fire Flow: The fire flow for this project is 2750 gprn at 20 psi residual
pressure. As an automatic fire sprinkler systern will be installed, the fire flow has
been reduced by 75% establishing a required adjusted fire flow of 1000 gpm at 20
psi residual pressure. The adjusted fire flow is available frorn area water rnains and )
fire hydrant(s) which are spaced at the required spacing."""
FC
13.3 as
mended by
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;,20.150
STG 2. Automatic Fire Sprinkler System Required: Buildings requiring a fire flow in
excess of 2,000 GPM or new hornes located within the hazardous fire area, shall be
protected throughout by an approved, automatic fire sprinkler system,
hydraulically designed per National Fire Protection Association (NFP A) Standard
#13D.
Note: An FDC is required for this sprinkler system.
Note: Provide the hydrant number with the flow data submitted.
City PLANS SPECS NEW RMOL AS OCCUPANCY CONST. TYPE ApplicantName DATE PAGE
TG 0 0 0 0 0 WILLIAM MASTON 11 /22/2004 1 3
-Qf
;CJFLOOR AREA LOAD DESCRIPTION BY
Residential Development Rucker, Ryan
AME OF PROJECT LOCATION
SFR- BYRD 19930 Sunset Dr
..)
Organized as the Santa Clara County Central Fire ProtectIOn D,stnct
Serving Santa Clara County and the communities of Campbell, Cupertino, Los Altos,
Los Altos Hills, Los GatDS, Monte Sereno, Morgan Hill. and Saratoga
,
J
CODE/SEC.
JFC
i02.2.4.]
JFC
'03.2
JFC
'02.2.2
J
JFC
\ppendix
II-A
JFC
01.4.4
.
FIRE DEPARTMENT
SANTA CLARA COUNTY
BLOG PERMIT NUMBER
.
PLAN REViEW NUMBER 04 2965
14700 Winchester Blvd., Los Gatas, CA 95032,1818
(408) 378-40]0 . (408) 378,9342 (fax) . www.sccfd.arg
CONTROL NUMBER
04-359
FILE NUMBER
DEVELOPMENT REVIEW COMMENTS
I ~I REaUiREMENT
3. Emergency Gate/Access Gate Requirements: Gate installations shall conform with
Fire Department Standard Details and Specification G-1 and, when open shall not
obstruct any portion of the required width for emergency access roadways or
driveways. Locks, if provided, shall be fire department approved prior to
installation.
4. Required Access to Water Supply (Hydrants): Portions of the structure(s) are
greater than 150 feet of travel distance frorn the centerline of the roadway
containing public fire hydrants. Provide an on-site fire hydrant OR, provide an
approved fire sprinkler systern throughout all portions of the building.
5. Fire Apparatus (Engine)Access Driveway Required: Provide an access driveway
with a paved all weather surface, a rninimum unobstructed width of 12 feet,
vertical clearance of 13 feet 6 inches, minimurn circulating turning radius of 36 feet
outside and 23 feet inside, and a rnaximum slope of 15%. Installations shall
conforrn to Fire Department Standard Details and Specifications sheet D-1.
6. Timing of Required Driveway Installations: A driveway with 6 inches of class 2
aggregate base compacted to 95% shall be constructed and accepted by the Fire
Department, prior to the start of construction. Bulk cornbustible materials shall not
be delivered to the site until installations are complete. Note that building perrnit
issuance may be withheld until installations are cornpleted.
7. Premises Identification: Approved nurnbers or addresses shall be placed on all
new and existing buildings in such a position as to be plainly visible and legible
from the street or road fronting the property. Numbers shall contrast with their
background.
City PLANS SPECS NEW RMOL AS
;TG 00000
ECJFLOOR
~CT
OCCUPANCY CONST. TYPE
DATE PAGE
/'ppllcsntName
WILLIAM MASTON
11/22/2004 ~aF~
BV
AREA
LOAD
DESCRIPTION
Residential Development
I LOCAnaN
SFR- BYRD . 19930 Sunset Dr
Organized as the Santa Clara County Central Fire Protection District
Seruing Santa Clara County and the communities of Campbell, Cupertino, Los Altos,
Los Altos Hills, Los Gatos, Monte Sereno, Morgan Hill, and Saratoga
Rucker, Ryan
.
FIRE DEPARTMENT
SANTA CLARA COUNTY
.
PLAN REVIEW NUMBER 04 2965
SLOG PERMIT NUMBER
14700 Winchester Blvd., Los Gatos, CA 95032-1818
(408) 378-4010 . (408) 378,9342 (fax) . www,sccfd,org
FILE NUMBER
04-359
(
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CONTROL NUMBER
DEVELOPMENT REVIEW COMMENTS
CODE/SEC. I SHEET n REaUIREMENT
8. Revise notes to reflect compliance with items 2 and 4.
To prevent plan review and inspection delays, the above noted Developmental
Review Conditions shall be restated as "notes" on all pending and future plan
submittals and any referenced diagrams to be reproduced onto the future plan
submittal.
\...-I
City PLANS SPECS NEW RMDL AS OCCUPANCY CONST. TYPE AppllcantName DATE II PAGE
rG 0 0 0 0 0 WILLlAM MASTON 11/22/2004 3 3
aF
CJFLOOR AREA LOAD DESCRIPTION BY
Residential Development Rucker, Ryan
AME OF PROJECT LOCATION
SFR- BYRD 19930 Sunset Dr
'...I
Organized as the Santa Clara County Central Fire Protection District
Serving Santa Clara County and the communities of Campbell, Cupertino, Los Altos,
Los Altos Hills, Los GJtos, Monte Sereno, Morgan Hill, and Saratoga
~
.
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EXHIBIT D
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13777 FBUIT'VALE AVENTJE (; SARATOG_t.,--, CALIFORNLL. 85070 ,- (408') 868-1200
March 22, 2005
CO:.,iNClL l\-lErvmEF~s
Aileen ,1(80
Kathleen King
/Vorman l(fine
Nicf:Slreit
15' , ).,n,r V\'a/!onsnlith
V (ljI5UWlr;
MAR 2 3 2005 &
OITy OF SA '
RA/{)r;.
Incorporated October- 22, 1856
Michael & Elizabeth Byrd
14858 Gypsy Hill Road
Saratoga, CA 95070
RE: 19930 Sunset Drive
Geotechnical Clearance
Dear Mr. and Mrs. Byrd:
Geotechnical Clearance with conditions has been granted for the above referenced project based on
the review letter prepared by the City Geotechnical Consultant, dated March 22, 2005. Geotechnical
conditions of approval as well as the review letter are attached.
-...
Please sign the attached Hold Harmless form and send back to me.
If you have any questions regarding this letter, please do not hesitate to contact me at (408) 868-
1274. Thank you.
'/:t ~
Iveta Harvancik
Associate Engineer
Cc: tLv asudevan, Community Development Department, City of Saratoga
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MEMORANDUM
,.....,
TO:
Lata Vasudevan, Associate Planner
CC:
Applicant
FROM:
Iveta Harvancik, Associate Engineer
SUBJECT:
Geotechnical Clearance Conditions for 19930 Sunset Drive
APPLICANT:
Byrd
DATE:
March 22, 2005
Geotechnical Conditions of approval:
1. The following items shall be incorporated into the final plans for project construction:
. The consultant has provided design criteria for a drilled pier and grade beam
foundation for the proposed cabana. The piers would be minimum 16 inches in
diameter and minimum 9 feet deep. Given the deep, potentially expansive
subsurface materials, and the relatively shallow recommended pier depths combined
with local groundwater conditions, piers could be subject to significant uplift forces.
Satisfactory pier embedment should be re-evaluated and confirmed by the
consultant during pier drilling. Construction of a pier foundation for the cabana is a
condition of Geotechnical Clearance.
."""
. The consultant has provided the option of using 6 inches of drain rock and a 4-inch
PVC sub drain between the face of the pool excavation and the pool shell. The use
of this design option is a condition of Geotechnical Clearance.
. The Project Geotechnical Engineer has provided supplemental design measures to
address potential adverse subsurface water impacts to the proposed basement. The
consultant has indicated that sub drains should be installed beneath the basement
slab in the event that evidence of the elevated subsurface water (as noted in the
boring logs) is identified during construction. This field inspection is a condition of
Geotechnical Clearance; however, we strongly recommend that the applicant
consider use the supplemental basement subdrains based on ground water data
already collected at the site.
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Project Construction Plans reflecting the above conditions shal1 be subnlitted to the City
prior to issuance of building permits.
2. The Project Geotechnical Engineer shall review and approve all geotechnical aspects of the
final development plans (i.e., site preparation and grading, site drainage improvements,
drainage outfalls and design parameters for the building foundations, driveway, and swimming
pool) to ensure that the plans, specifications and details accurately reflect the consultants'
recommendations.
The results of the plan review shall be summarized by the Project Geotechnical Engineer in a
letter(s) and submitted to the City Engineer for review prior to issuance of building permits.
3. The Project Geotechnical Engineer shall inspect, test (as needed), and approve all geotechnical
aspects of the project construction. The inspections shall include, but not necessarily be
limited to: site preparation and grading, site surface and subsurface drainage improvements,
_ basement and pool excavations, and foundation construction prior to placement of fill, steel
and concrete. Additionally, the consultant should address the following:
. The Project Geotechnical Consultant shall inspect the basement excavation for
signs of moisture/seepage and verify that appropriate sub drain systems are
installed.
. Given the deep clayey subsurface materials (CH/fat clay), the relatively shallow
pier embedment, and elevated groundwater in the vicinity of the proposed pool
house, the consultant shall inspect all excavations for foundation piers and
retaining walls for adverse soil and groundwater conditions. Appropriate
embedment of piers shall be confirmed by the Project Geotechnical Consultant
during the drilling of piers.
-
The results of these inspections and the as-built conditions of the project shall be
described by the geotechnical consultant in a letter(s) and submitted to the City
Engineer for revi ew prior to Final (as-built) Proj ect Approval.
20f3
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4. The owner (applicant) shall pay any outstanding fees associated with the City Geotechnical 1""'\
Consultant's review of the project prior to issuance of a building permit.
5. The owner (applicant) shall enter into agreement holding the City of Saratoga harmless from any
claims or liabilities caused by or arising out of soil or slope instability, slides, slope failure or other
soil related and/or erosion related conditions.
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CITY OF SARATOGA
CITY COUNCIL
ApPEAL ApPLICATION
JUL 2 7 2006
CITY OF SARATOGA
.~
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Appellant Name: AIQ.,Y\ ~Me.J GIber-sen.....,
Address: 15.5"(01 Gle.r, Une Dr-;v-e. 1 Los C'-=-~s q.5't60
Telephone #:
00",1< S1n:.c:.:r t?o.xth e,~ ) L L G ,/ (V\ ~st if'n,l .By rei
0'1 -359 / I q 'l, '30 SUhS e.-T Dn\/'-e,
I
Decision being appealed: r c.. .1E.-S 15 h n:. \[ L oJ cl-ffr7>vc..-1
Grounds for appeal (Letter may be attached): 'V \ l2CU e. See. ~..c:..h~ U sf""
Name of Applicant
(If different than Appellant):
Project file number and address:
of Y)on- In clv.s l ve. 'I It€:. h'"l S
J
AI'pli,".' Sig.","re"~ ~/~~
o Municipal Code Section 2..05.030 (a) appe s:
. No Hearing $100.00
. With Hearing $200.00
Date: 7/). 7/010
o
Municipal Code Section 15..90.020 appeals (Zoning related);
. Appeals from the Planning Commission to the City Council
$250.00
o
Request for a Continuance:
. First Request
. 2nd Request
No Charge
$250.00
Date Received:
L~
.J
Hearing Date:
Fee:
Receipt #:
.
.
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Appeal of 7/12/2006 Planning Commission approval of design review for development
project 04-359/ J 9930 Sunset Drive, Los Gatos.
Grounds for the appeal include without limitation:
1. Failure to comply with required application and design review standards
2. Failure to avoid unreasonable interference with views and privacy
3. Failure to observe required setback standard, rear
4. Failure to observe adequate grading and erosion standards, as required by
City Code
5. Misstatement of facts and figures relating to the development parameters, thereby
fatally prejudicing adequate review of the project
6. Failure adequately to condition the project so as to protect the health and safety of
those residing on one or more neighboring properties
7. Failure adequately to identify restrictions resulting from one or more easements
and/or reservations burdening the property
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REPORT TO THE PLANNING
COMMISSION
Application No./Location: 04-359/19930 Sunset Drive
Application type: Design Review
Applicant/Owner: William Maston Architects/Oak Creek LLC (Byrd)
Staff Planner: Lata Vasudevan, AICP, Senior Planner /J
Meeting Date: July 12, 2006
APN:
5] 0-26-001
Department Head:
12--
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19930 Sunset Drive ______--::-,~~-.:;-:--~\ ,
510.26-001' . / \.. ~r ~ ... I
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19930 Sunset Drive
File No. 04- 359-19930Sunset .
.
EXECUTIVE SUMMARY
L
CASE HISTORY
Application filed:
Application complete:
Notice published:
Mailing completed:
Posting completed:
11/09/04
05/31/06
06/28/06
06/26/06
07/07/06
PROJECT DESCRJPTION
The applicant proposes to construct a one-story Santa Barbara style home with a
basement on a 72,228 (net) sq. ft. lot that is presently vacant. The proposed home will be
5,574 square feet in floor area (including garage) with a 5,181 square foot basement. A
728 square foot second dwelling unit is also proposed. The proposed height of the home
will be approximately 24 feet 9 inches as measured from the average natural grade. The
proposed second dwelling unit will be 17 ft. ~ 11 in. in height. The project will involve
1,291 cubic yards of cut and 217 cubic yards of fill. The property is currently within
Santa Clara County but is in the process of being annexed to the City. With the
annexation, the parcel is to be reviewed under the pre-zoning of the Hillside Residential
[HR] District.
STAFF RECOMMENDATION
'-
Staff recommends that the project be approved subject to the conditions outlined in this
staff report.
\..,.,I
2
File No. 04~ 359-19930SuDsct .
.
STAFF ANALYSIS
,,-,,'
ZONING: Pre-zoned - Hillside Residential [HR] District
GENERAL PLAN DESIGNATION: The Hillside Specific Plan states that a pre-zoning density
designation should be established for County lands. Since this parcel is pre-zoned Hillside
Residential and is in the process of being annexed to the City from Santa Clara County, the
General Plan designation is the same as Hillside Conservation Single Family which permits
.5 DU/net acre.
MEASURE G: Not applicable
PARCEL SIZE: 86,249 sq. ft. (gross), 72,228 sq. ft. (net) acres
AVERAGE SITE SLOPE: Average slope oflot is 16.23%
GRADING REQUIRED: The grading plan indicates that the project will require
approximately 1,291 cubic yards of cut and 217 cubic yards of fill. These figures exclude
the grading required for the construction of the proposed basement. I
-'
ENVIRONMENTAL DETERMINATION: The proposed project consisting of constructing a
new single-family residence is Categorically Exempt from the Environmental Quality Act
(CEQA) pursuant Section 15303, "New Construction or Conversion of Small Structures",
Class 3 (a) of the Public Resources Code (CEQA). This exemption allows for the
construction or conversion of up to three single-family residences. The project site is in a
developed area and the proposed home will be essentially replacing a single-family home
that existed on the site. The property is connected to utility and roadway infrastructure.
This project site is not in a designated critical habitat area. Nevertheless, a tributary of
Wildcat Creek traverses the western lot line of the subject parcel, and is not within the
jurisdiction of the Santa Clara V alley Water District. This tributary is separated from the
proposed development by an existing driveway ingress/egress easement. The applicant
does not propose any development on the western side of the road where this tributary is
situated.
MATERIALS AND COLORS PROPOSED: The plans depict stucco facade in a sandy beige
color with dark brown colored pre-cast stone trim and gutters in sheet metal copper
material, stone veneer accents and Spanish Clay Tiles in a burnt rust blended color. The
applicant will be providing a colored rendering as well as a material board which will be
shown at the site visit and public hearing.
I The City Code does not count basements as grading. Therefore, the basement excavation is not factored into the
......,,; proposed cut and fill amounts indicated above.
3
File No. 04~ 359 - 19930 sunset.
.
PROJECT DATA
(
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Zone
HR Pre-zone
Pro osaI
Code Re uirements
Lot Size: 72,228 sq. ft.
Lot Maximum Allowable
Coverage: 25% of net site area or
Building Footprint 6,J31sq.ft. 15,000 sq. ft.,
Landscape Site whichever is less
Coverage 8,622 sq. ft.
(Driveway/Parking
Walkways, Patio
Pool)
TOTAL 14,753 sq. ft. 16,500 sq. ft.
Floor Area: Maximum Allowable
Main Floor 4,732 sq. ft. 6,930 sq. ft?
Garage 842 sq. ft.
(Basement) (5,181 sq. ft.)
Second dwelling 728 sq. ft.
TOTAL 6,302 SQ. ft.
Setbacks: Minimum Requirement
Front 57 ft. - 6 in. 30 ft.
West Side 145 ft. - 2 in. 20 ft.
East Side 33 ft. - 7 in. 20 ft.
Rear 50 ft. 50 ft.
Height: Maximum Allowable
Lowest Elev. Pt. 658.75 ft.
Highest Elev. Pt. 676.25 ft.
Average Elev. Pt. 667.50 ft.
Elev.@ top of home 692.25 ft.
Height of home 24.75 ft. 26 ft.
2nd Dwelling Unit 17 ft. - JJ in. 26 ft.
\ "
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2 Section 15-56 (d) pennits a 10% floor area and impervious coverage bonus for second dwelling units ifit
is deed restricted for low or moderate-income rental. This provision provides an additional 584 square feet
of floor area and pennits retention of a portion of the existing second dwelling.
.~
4
File No. 04-359 -19930 Sunset .
.
.-.,
PROJECT DISClJSSION
This application is for Design Review approval of a new residence that is situated on a
72,228 sq. ft. lot that is currently located within the County but is proposed for
annexation to the City. This Design Review approval is conditioned upon approval of the
final annexation by the City of Saratoga City Council. The parcel is pre-zoned Hillside
Residential which permits single-family dwellings on two acre lots. A resolution
initiating the annexation was adopted by City Council on June 7, 2006 and another
resolution finalizing the annexation will be scheduled for a Ci.ty Council vote in the near
future. Since the parcel is pre-zoned Hillside Residential (HR) it is being reviewed in
accordance with the Saratoga Hillside Residential zoning standards.
A home that was situated on the site was demolished in October of 2005 with County of
Santa Clara permits and historical review of the existing home. The County of Santa
Clara determined that the pre-existing home on the property was not of historical
significance.
,....."
The proposed home will be in a Santa Barbara style. 1;he proposed materials are all in
earth tones and complement each other to create a well-articulated home that will be true
to the Santa Barbara style of architecture. The applicant is seeking the 10% floor area and
impervious coverage bonus for the second dwelling unit (erroneously labeled as a pool
house in the grading and drainage plans, but properly noted in the architectural plans) in
return for deed restricting the second dwel1ing as a below market rate rental unit.
Second Dwelling Unit
As indicated above, a second dwelling unit has been proposed. This second dwelling unit is
consistent with the provisions of City Code Section 15-56.030. The parking requirement for
a space within a garage for this second dwelling unit has been waived pursuant to City Code
Section 15-56.030(e). Parking for the second dwelling unit can be provided on site on the
driveway area.
Neighborhood Input
,....
Since the submittal of this application several comment letters have been submitted by
the Gibersons who reside directly to the south of the subject parcel. These letters have
been attached to this report. The applicants have also submitted neighbor review letters to
all the surrounding neighbors. However, as of the writing of this staff report), staff has
not received any other neighbor review forms or any other written comments from
neighbors besides the Gibersons. Documentation of the applicant's attempts in contacting
the neighborhood are included in this report. Staff does anticipate that more neighbor
comments may be submitted subsequent to the writing of this staff report. These new
comments will either be included in the Planning Commission packets or will be
presented during the site visit and public hearing. The applicants also anticipate future
comments and are prepared to address them at the site visit and public hearing. An
3 As of July 5, 2006 3:00 p.m.
5
File No. 04~359 -19930 sunset.
.
attorney representing the applicant will present at the public hearing specific responses to ro...
the Gibersons' letter received July 5, 2006.
Grading in Hillside Districts
The Zoning Ordinance (Section l5-1 J.J 60) requires in the Hillside Residential Zoning
District that the Planning Commission make the necessary findings for grading in excess
of 1,000 cubic yards. Staff finds that the proposed grading quantities for the yard and
building areas amounting to 1,291 cubic yards of cut and 217 cubic yards of fill are
excessive and can be reduced by approximately 500 cubic yards such that a grading
exception would not be required. For example, the extent of grading in the areas behind
the garage can be minimized. Staff is conditioning the approval of this project such that
the grading quantities for the yard work (other than the basement) be reduced to 1,000
cubic yards or less.
Geotechnical Clearance
Since the applicant is proposing a basement, Staff required the applicant to submit reports
for review by the City Consulting Geotechnical Engineer. Geotechnical Clearance was
granted with conditions, which have been incorporated in the attached Resolution.
Trees
The applicant has retained a licensed Arborist to monitor construction on the site. As seen ~
in the attachments to this report, the applicant has made many revisions to address the
City Arborist's (David Babby) recommendations. The details of the tree preservation as
well as specifics on the trees proposed for relocation are shown on sheet L 4.1 of attached
Exhibit A.
Fencing
Fencing in the Hillside Residential zoning district has specific City Code requirements
stated in Section 15-29.020. No fencing shall completely enclose an area of more than
4,000 square feet (excluding enclosures for pools and tennis courts) to ensure adequate
passage of wildlife. Staff has added a condition of approval requiring that all proposed
fencing be consistent with City Code Article 15-29. Staff has specifically added a
condition that the existing chain link fencing along the western and northern property
lines and any barbed wire be removed as these are inconsistent with the requirements of
City Code Section 15-29.020(e).
General Plan Findings
The proposed project is consistent with the General Plan, including the following
Policies:
Conservation Element Policv 6.0 - Protect the existing rural atmosphere of Saratoga by
careful1y considering the visual impact of new development. The proposal will retain
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6
File No. 04-359 -19930 SunSt'( .
.
",......."
and extend the life of the City's housing stock and will protect the rural atmosphere of
Saratoga by utilizing an existing residential site that was once occupied by a single
family home. The proposal will not block the views of the surrounding hills from
neighboring parcels. The proposed architectural style is very compatible with the
ambiance of the neighborhood and the zoning designation in which the property is
located.
Land Use Element Policv 5.0 -The City shall use the design review process to assure that
the new construction and major additions thereto are compatible with the site and the
adjacent surroundings. As conditioned, Staff recommends that the Planning Commission
find that the application meets the Findings required for Design Review Approval.
Design Review Findings
The proposed project is consistent with all the following Design Review findings stated in
MCS 15-45.080:
,....
(a) Avoid unreasonable interference with views and privacy. The proposed home
has been designed such that it is at an angle in relation to other properties.
Existing trees are proposed for relocation, and new trees are also proposed to
preserve view corridors and further screen neighboring properties. The
entertaining areas are either located down slope and away from neighboring
residences, or highly screened to control potential noise impact.
(b) Preserve Natural Landscape. Consideration has been given to ensure that the
building form is in harmony with the existing topography. Furthermore, a
condition of project approval has been added requiring a reduction in grading
quantities. Many specimen trees are proposed for relocation. A single
architectural theme has been used throughout to unify the building elements into a
single integrated design that adequately blends with the surrounding landscape.
(c) Preserve Native and Heritage Trees. There are no helitage trees on the property.
The proposed project exposes 36 native trees to potential damage during
construction. The applicant is proposing to relocate almost all of the trees that are
in conflict with the proposed design. One tree (#36 - Plum treet is proposed for
removal because of its poor condition. The applicant is required to submit a
security deposit to ensure that all trees are protected throughout construction.
(d) Minimize perception of excessive bulk. The proposed residence has been
designed to avoid large expanses of a single form. The use of angles and varying
plate heights, combined with a well-selected use of building materials and colors
contribute significantly in reducing bulk and massing. Also, cutting a portion of
the building into the hillside has further minimized the appearance of bulk and
massmg.
"......
4 All trees are numbered on sheet L 4.1
7
File No. 04-359 - 19930 Sum;ct .
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(e) Compatible bulk and height. Although the home at its maximum height is 26
feet, the varying rooflines would greatly minimize any impacts of the maximum
height of the home. The use of different earth tone materials, accents on the
fayade, and garage doors facing the rear property line also adequately minimize
the scale of the proposed home, resulting in an attractive building fayades that will
complement the style of the neighborhood.
I""'.
(I) Current grading and erosion control methods. The proposal would conform to
the City's current grading and erosion control standards.
(g) Design policies and techniques. The proposed project conforms to all of the
applicable design policies and techniques in the Residential Design Handbook in
terms of compatible bulk, and avoiding unreasonable interference with privacy
and views. The home is also designed for energy efficiency because the main
living and entertaining areas along the south and west elevations, and the structure
has been fit into the grade where possible to minimize wall exposure.
CONCLUSION
The proposed residence is designed to conform to the policies set forth in the City's
Residential Design Handbook and to satisfy the findings required within Section 15-
45.080 of the City Code. The residence is compatible with the neighborhood, natural
features are preserved within the constraints of the site and privacy impacts are
minimized. The proposed project will satisfy Hillside Residential zoning regulations in
terms of allowable floor area, setbacks, maximum height and impervious coverage.
''''''''
The City Arborist recommendations and the geotechnical review requirements have been
included as conditions of approval.
STAFF RECOMMENDATiON
Approve the Design Review application with conditions by adopting the Resolution for
application #04-359.
ATTACHMENTS
1. Resolution.
2. Arborist Reports dated 11/29/04,3/22/05 and applicant response dated 11110/05.
3. Affidavit of Mailing, Mailing List, Public Notice.
4. Neighborhood Correspondence and documents from applicant pertaining to this
matter.
5. City Council Resolution of 06/07/06 approving the Initiation of Annexation
Proceedings for 19930 Sunset Drive.
6. Plans, Exhibit "A," date stamped July 5, 2006.
'1
8
........ .
. . .
.., Attachment 1
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.
.
RESOLUTION NO - 07-
APPLICATION NO. 04-359
)
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CITY OF SARATOGA PLANNING COMMISSION
STATE OF CALIFORNIA
Oak Creek LLC (Mr. and Mrs. Byrd)/19930 Sunset Drive
'VHEREAS, the City of Saratoga Community Development Department has
received an application for design review to construct a one story Santa Barbara style
home with a basement on a 72,228 (net) sq. ft. lot that is presently vacant. The
proposed home will be 5,574 square feet in floor area (including garage) with a 5,181
square foot basement. A 728 square foot second dwelling unit is also proposed. The
home is situated on a parcel which is to be annexed to the City.
WHEREAS, the Planning Commission held a duly noticed Public Hearing at
which time all interested parties were given a full opportunity to be heard and to present
evidence; and
Whereas the project is Categorically Exempt from the Environmental Quality
Act (CEQA) pursuant Section 15303, "New Construction or Conversion of Small
Structures", Class 3 (a) of the Public Resources Code (CEQA). This exemption allows
for the construction or conversion of up to three single-family residences. The site is in
an urbanized area and is connected to utility and roadway infrastructure and involves
the construction of one single family home and a second dwelling unit; and
...J
WHEREAS, the applicant has met the burden of proof required to support said
application for Design Review approval, and the following findings have been met:
(a) Avoid unreasonable interference with views and privacy. The proposed home
has been designed such that it is at an angle in relation to other properties.
Existing trees are proposed for relocation, and new trees are also proposed to
preserve view corridors and further screen neighboring properties. The
entertaining areas are either located down slope and away from neighboring
residences, or highly screened to control potential noise impact.
(b) Preserve Natural Landscape. Consideration has been given to ensure that the
building form is in harmony with the existing topography. Furthermore, a
condition of project approval has been added requiring a reduction in grading
quantities. Many specimen trees are proposed for relocation. A single
architectural theme has been used throughout to unify the building elements into
a single integrated design that adequately blends with the surrounding
landscape.
-J
File No. 03-272 - 22461 MOUen Road
.
,-.
(c) Preserve Native and Heritage Trees. There are no heritage trees on the
property. The proposed project exposes 36 native trees to potential damage
during construction. The applicant is proposing to relocate almost all ofthe trees
that are in conflict with the proposed design. One tree (#36 - Plum treei is
proposed for removal because of its poor condition. The applicant is required to
submit a security deposit to ensure that all trees are protected throughout
construction.
(d) Minimize perception of excessive bulk. The proposed residence has been
designed to avoid large expanses of a single form. The use of angles and
varying plate heights, combined with a well-selected use of building materials
and colors contribute significantly in reducing bulk and massing. Also, cutting
a portion of the building into the hillside has further minimized the appearance
of bulk and massing.
(e) Compatible bulk and height. Although the home at its maximum height is 26
feet, the varying rooflines would greatly minimize any impacts of the maximum
height of the home. The use of different earth tone materials, accents on the
fayade, and garage doors facing the rear property line also adequately minimize
the scale of the proposed home, resulting in an attractive building fayades that
will complement the style of the neighborhood.
'-'
(1) Current grading and erosion control methods. The proposal would conform to
the City's current grading and erosion control standards.
(g) Design policies and techniques. The proposed proj ect conforms to all of the
applicable design policies and techniques in the Residential Design Handbook
in terms of compatible bulk, and avoiding unreasonable interference with
privacy and views. The home is also designed for energy efficiency because the
main living and entertaining areas along the south and west elevations, and the
structure has been fit into the grade where possible to minimize wall exposure.
Now, THEREFORE, the Planning Commission of the City of Saratoga does
hereby resolve as follows:
Section 1. After careful consideration of the site plan, architectural drawings,
plans and other exhibits submitted in connection with this matter, the application by
Oak Creek LLC (Mr. and Mrs. Byrd) for Design Review approval is hereby granted
subject final annexation approval by the Saratoga City Council and subject to the
following conditions:
........
5 All trees are numbered on sheet L 4.1
2
File No. 03-272 - 22461 MOllen Road
.
COMMUNITY DEVELOPMENT
,
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The development shall be located and constructed as shown on Exhibit "A", date
stamped July 5, 2006. Conditions outlined below shall be incorporated into the final
plans.
1. A deed restriction must be recorded with the County Recorder of Deeds, which
limits rental of the second dwelling unit to low or moderate-income households.
This restriction must be recorded prior to final occupancy permit.
2. Grading quantities for the yard work shall be reduced such that such quantities do
not exceed 1,000 cubic yards of cut and fill combined.
3. Four sets of complete construction plans incorporating required revisions and the
Resolution for application #04-359 and the Arborist Reports on a separate plan page
shall be submitted to the Building Division.
,
4. Pest resistant landscaping plants shal1 be considered for use throughout the landscaped
area, especially along any hardscaped area.
5. Plant materials selected shall be appropriate to site specific characteristics such as soil
type, topography, climate, amount and timing of sunlight, prevailing winds, rainfall,
air movement, patterns of land use, ecological consistency and plant interactions to
ensure successful establishment.
-.-J
6. Existing native trees, shrubs, and ground cover shall be retained and incorporated into
the landscape plan to the maximum extent possible.
7. Proper maintenance of landscaping, with minimal pesticide use, shall be the
responsibility ofthe property owner.
8. A utility plan, including the location and trenching for the fire hydrant and other
utilities shall be submitted with the construction drawings for the arborist to review
in terms of impact on adjacent trees.
9. The existing chain link fencing along the front and west side properties shall be
removed. Any existing barbed wire shall also be removed. All proposed fencing
shall be consistent with the provisions of Article 15-29 of the City Code.
CITY ARBOR1ST REpORT
The City Arborist reviewed this project and prepared two reports dated July 21, 2004
and January 3, 2005. These reports are included as Attachment 3. The
recommendations of these reports are included as conditions of approval. Among the
recommendations outlined in this report are the following:
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3
File No. 03~272 - 22461 MOllen Road
.
.........-
1. A bond equal to $297,740, which is 100% of the trees to be retained, is required
prior to issuance of final zoning clearance.
FIRE PROTECTION DISTRICT
1. The applicant shall comply with all Santa Clara County Fire District conditions of
approval.
GEOTECHNICAL AND PUBLIC WORKS REVIEW
1. The applicant shall comply with all Geotechnical Clearance conditions that was
granted on March 22, 2004.
SANTA CLARA COUNTY DEPARTMENT OF ROADS AND AIRPORTS
1. The applicant shall obtain all necessary encroachment permits from this department
prior to issuance of City of Saratoga building permits.
CITY ATTORNEY
""""
1. Applicant agrees to hold City harmless from all costs and expenses, including
attorney's fees, incurred by the City or held to be the liability of City in connection
with City's defense of its actions in any proceeding brought in any State or Federal
Court, challenging the City's action with respect to the applicant's project.
Section 2. Construction must be commenced within 36 months or approval will
expIre.
Section 3. All applicable requirements of the State, County, City and other
Governmental entities must be met.
Section 4. Unless appealed pursuant to the requirements of Article 15-90 of the
Saratoga City Code, this Resolution shall become effective fifteen (15) days from the
date of adoption.
~
4
File No. 03~272 - 22461 MOU..n Road
.
PASSED AND ADOPTED by the City of Saratoga Planning Commission, State of
California, this 12th day of July 2006 by the following roll call vote:
..-J
AYES:
NOES:
ABSENT:
ABSTAIN:
Chair, Planning Commission
ATTEST:
Secretary, Planning Commission
This permit is hereby accepted upon the express terms and conditions hereof, and shall
have no force or effect unless and until agreed to, in writing, by the Applicant, and
Property Owner or Authorized Agent. The undersigned hereby acknowledges the
approved terms and conditions and agrees to fully conform to and comply with said
terms and conditions within the recommended time frames approved by the City
Planning Commission.
...)
Property Owner or Authorized Agent
Date
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5
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'......_,
c
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Attachment 2
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.~.".:~l>.'^...
'~
.
AR.R RESOURCES
..
Professional Arboricultural Consulting & Tree Care
~,
A TREE INVENTORY AND REVIEW OF THE
PROPOSED NEW RESIDENCE AT
19930 SUNSET DRIVE
SARA TOGA, CALIFORNIA
OWNER'S NAME: Bvrd
APPLICATION #: 04-359
APN #: 510-26-001
Submitted to:
Community Development Department
City of Saratoga
13777 Pruitvale Avenue
Saratoga, CA 95070
'~
Prepared by:
David L. Babby, RCA
Registered Consulting Arborist #399
Certified Arborist #WE-4001A
November 29, 2004
-..)
P.O. Box 25295, San Mateo, California 94402 . Email: arborresources@earthlink.net
Phone: 650.654.3351 . Fax: 650,654.3352 . Licensed Contractor #796763
.
David L. Bobby, Regislere
sulling Arborisl
..
November 29. 2004
~
SUMMARY
There are 51 trees in the vicinity of proposed development. Of these, 1 1 are in conflict and
14 would be significantly impacted.
Relocation is proposed as an alternative to removing 10 of the 11 trees in conflict.
Measures to minimize and/or mitigate the damage to trees being retained or relocated are
presented in the 'Recommendations' section of this report and includes numerous design
revisions to the grading and landscape design.
The tree protection bond is recommended to include the combined monetary value of all
retained and relocated trees as determined in the future by the Project Arborist.
INTRODUCTION
lbe City of Saratoga Community Development Department has requested I review the
potential tree impacts associated with demolishing an existing residence and constructing a
new one at 19930 Sunset Drive, Saratoga, This report presents my findings and
recommendations.
Documents reviewed for this report include the following: an arborist report by Mr.
""" Raymond J. Morneau, dated 9/28/04; Sheets A.Ol, AU, A2.1, A2.2 and A4.l thru A4.4
(by William Maston Architect & Associates); Sheets 1 and 2 (by Westfall Engineers, Inc.);
and Sheets L-4, L-4. I and L4.2 (by Ken Shoppet Landscape Architect). The trees'
locations, numbers and canopy dimensions are presented on an attached copy of Sheet
AU (Site Plan).
Trees #72 thru 75 are not shown on plans reviewed; their trunk locations have been plotted
on the attached map and should not be construed as being surveyed. Please note these
trees are located on the eastern neighboring property and were included as they are at risk
of being damaged during development.
Rectangular, metallic tags were found attached to the trunks of each tree on site and
contain numbers corresponding to those presented in this report.
Please note the numbers presented in this report are not entirely sequential as the following
trees were excluded: those smaller than Ordinance size, trees #17 and 21 I for having been
removed, and trees #65 thru 71 for being situated outside from the proposed development.
",....
1 The initial arborist report identifies trees # I 7 and 21 as being poor specimens that should be removed.
Consequenlly, I do not suggest mitigation for their removal.
Byrd Property. 19930 Sunset Drive, Saratoga
City of Saratoga Community Development Department
Page I of6
.
David L. Bobby, Registere
suiting Arborist
..
November 29, 2004
FINDINGS
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The proposed project exposes the following 51 trees regulated by City Ordinance to
potential damage:
. 1 Chinese Pistache (#22)
. 2..Coast Live Oaks (#31, 32, 43-46, 64, 72 and 73)
. 23 Coast Redwoods (#13-15, 18-20, 28/29,2 30, 33, 34,42, 48, 49, 53-55, 59-63, 74
and 75)
. 1 Douglas-Fir (#2, 4, 8 and 35)
. 1 Date Palm (#16)
. 1 English Hawthorn (#1)
. J Italian Cypress (#3, 9 and 24)
. Q Olive Trees (#10 and 37-41)
. ;LPlums (#36, 56, and 57)
Specific data regarding each tree is presented on the attached table and incorporates the
trunk diameters, crown radii, and tree heights shown in Mr. Morneau's report.
The proposed plans identify trees #1,9,22,24,33 and 36-41 as being in conflict with the
proposed design. With the exception of tree #36, all are proposed for relocation on site.
Given tree #36' s species and overall condition, I do not suggest mitigation for its removal.
There is an additional tree, #48, which is also proposed for relocation, However, I find it
would be better to retain and protect it in its current location rather than damaging the roots
of adjacent trees #48 and 64 during the relocation process.
')
Though not in direct conflict, trees #2-4,8, 10, 13, 15,20,28/29,30,44-46 and 49 would
sustain a significant level of damage by implementing the proposed grading, home and
landscape design. Plan revisions and mitigation measures are recommended in the next
section to lessen the anticipated damage to the trees' longevity, vigor and stability.
I anticipate each tree planned for retention and those approved for relocation can survive,
provided the recommendations presented in this report are carefully followed and
incorporated into construction plans.
RECOMMENDA nONS
Design Guidelines
I. The trunk locations of trees #72 thru 75 should be shown on all site-related plans
(including landscaping).
2. The project applicant or property owner must retain the Project Arborist on record, Mr.
Raymond Morneau, to appraise the monetary values of each tree presented in this
')
2 Tree #28/29 is comprised of two trunks originating from grade and is regarded as a single tree.
Byrd Property. 19930 Sunset Drive, Saratoga
City a/Saratoga Community Development Department
Page 20/6
.
..
November 29. 2004
David L. Bobby. Registered 'ulting Arborist
,...-.
report; the trees shall be appraised according to the Guide for Plant Appraisal, g'h
Edition, published by the International Society of Arboriculture, 2000. The combined
value of trees being retained and relocated is then used as the amount for the tree
protection bond (per City Ordinance, a bond equal to 100% of the combined appraised
value of inventoried trees is required).
"
3. The Project Arborist should also be retained to specifically comment on [1] the
location of the proposed basement beneath tree #15's canopy and [2] the proposed
foundation of the pool house beneath the canopies of trees #19 and 20. Measures to
mitigate the damage should also be provided and incorporated into the plan design and
development process. All comments and any possible plan refinements shall be
submitted to the City for review.
4. The proposed grading design should be revised so no grading is planned within the
areas enclosed by protective fencing as shown on the attached map. Where this is not
at all feasibly possible, the Project Arborist should review and comment on the impact,
and provide specific mitigation measures for achieving the survival of the tree(s) with a
reasonable assurance.
,...-
,",
5. The portion of new driveway proposed beneath the canopies of trees #8, 74 and 75
must be placed on top of existing grade (including edging) and be fully pervious.
Furthermore, the existing soil surface shall not be compacted; the subbase materials
can be but must not exceed 75-percent.
6. The staircase and walls proposed beneath tree #30's canopy must be designed and
established entirely on top of existing soil grade and not require soil excavation (i.e. a
no-dig design). I also suggest that designing the features an additional five feet from
the tree's trunk be considered to lessen their potential future damage.
7. The staircase and walkway proposed immediately south of tree #49's trunk should
either be [I] redesigned to be at least 12 feet from the trunk (in line with the proposed
east-west wall of the pool house) or [2] the portion within the 12-foot distance be
elevated over existing soil grade and established using discontinuous footings. Should
the latter option be used, the footings must be installed by hand.
8. The wall, walkway and staircase proposed immediately southeast of tree #13's trunk
should be revised to be an additional five feet away from the trunk.
9. The lawn proposed beneath the canopies of trees #2-4 and 8 must be revised to comply
with the recommendations presented below the "Landscaping Guidelines" heading in
this section (towards the end of the report).
10. The proposed wall immediately south of tree #20's trunk should be revised to be in line
with the home's foundation (approximately 14 feet from the trunk's center).
.......'
.....
Byrd Property, 19930 Sunset Drive, Saratoga
City a/Saratoga Community Development Department
Page3 0/6
.
David L. Babby, Regis/ered .Ulting Arboris/
.
November 29, 2004
11. The walls proposed beneath the trees' canopies shall be designed without excavating
the existing soil grade. A pier and beam wall design is acceptable where a dry stack
wall is not appropriate, provided no soil excavation is required between the footings.
,~,
12. The pathways and edging proposed beneath the trees' canopies shall be constructed
entirely on top of existing grade (i.e. a no-dig design).
13. The proposed new location of tree #31 should be revised so its entire canopy is outside
from beneath tree #34's. Furthermore, tree #48 should remain in its current location
rather than being relocated.
14. The Architectural drawings and arborist report refer to the project site being in the
Town of Los Gatos. The documents should be revised accordingly.
Tree Protection Measures during Construction
15. Tree protective fencing must be installed precisely as shown on the attached map and
established prior to any demolition, grading, surface scraping, construction or heavy
equipment arriving on site. It must be comprised of six-foot high chain link mounted
on eight-foot tall, two-inch diameter galvanized posts,' driven two feet into the ground
and spaced no more than 10 feet apart. Once established, the fencing must remain
undisturbed and be maintained throughout the demolition and construction process; the
relocation or dismantling of fencing must be directly approved by the Project Arborist
and/or City before doing so.
..,"\
1 6. Unless otherwise approved, all construction activities must be conducted outside the
fenced areas (even after fencing is removed) and off unpaved soil beneath the canopies
of Ordinance-sized trees inventoried and not inventoried for this report, to include trees
along the west side of the driveway easement. These activities include, but are not
limited to, the following: grading, surface scraping, trenching, equipment cleaning,
stockpiling or dumping materials, and equipment/vehicle operation and parking.
Access within the fenced areas to construct any approved component or feature shall be
limited to foot and wheelbarrow traffic.
-
17. The Project Arborist should be retained at the owner's expense to visit the project site
as follows: [1] prior to demolition for determining whether the tree protective fencing
is properly established, [2] during any grading or trenching activity approved beneath
the trees' canopies (inside or outside the fenced areas), [3] during the relocation of
trees, [4] once per month for determining compliance to tree protection measures, and
[5] at any time specified in this report. Furthermore, I suggest a letter summarizing all
relevant findings and recommendations are faxed on a monthly basis to the City's
Community Development Department. All recommendations from the letters shall be
followed.
18. The relocation of each tree must be performed by a professional tree moving company.
A drip- or soaker hose-type system should also be designed to supply water to the trees
for a two- to three-year period following relocation.
)
Byrd Property, 19930 Sunset Drive, Saratoga
City afSaratoga Community Development Department
Page 4 0[6
.
..
November 29, 2004
David L. Bobby, Registered ulting Arborist
,-.
19. The removal of walls or hardscape beneath the trees' clillopies shall be manually
performed. Equipment shall not operate or travel on unpaved soil beneath the canopies
of retained trees.
20. Unless otherwise specified, approved grading beneath a tree's canopy shall be
manually performed using hand tools only.
21. Prior to excavating soil for the basement, a trench shall be dug to the required depth
where soil is planned for excavation closest the tree #15's trunk (where beneath its
canopy). Roots encountered having diameters of two inches and greater shall be
cleanly severed near the soil cut line. The freshly cut root end shall be immediately
wrapped in a plastic sandwich bag that is tightly secured using a rubber band or
electrical tape. Great care must be taken to avoid excavating beyond two feet from
basement wall.
22. Soil approved for excavation to construct the pool house must also be manually
performed using hand tools. The same root severance guidelines specified above
should be used.
23. Any new underground utilities should be planned outside from beneath canopies of
retained trees. Upon availability, plans showing their locations should be submitted to
the Project Arborist and/or City for review of any tree impacts.
.......
24. Downspouts should be directed away from and be at least 15 feet to the side of the
trees' trunks.
25. The removal of any understory brush must only occur by hand. Great care must be
taken to minimize the amount of soil excavated during the process.
26. Prior to grading, I recommend a four-inch layer of wood chips from a tree company is
manually spread beneath the canopies of retained trees (the material should not contact
the tree's trunk).
27. Throughout development, I recommend supplemental water is supplied to each
retained tree. The specific intervals, amounts and methodology should be obtained by
the Project Arborist.
28. The pruning of trees must be performed under supervision of an ISA Certified Arborist
and according to ISA standards. The scope of work should be reviewed and approved
by the Project Arborist.
Landscaping Guidelines
29. Herbicides should not be used beneath tree canopies. Where used on site, they should
be labeled for safe use near trees.
-......
Byrd Property, 19930 Sunset Drive, Sarotoga
City ofSarotoga Community Development Department
Page 5 of6
.
.
David L. Bobby, Registered
ulting Arborisl
November 29, 2004
30, Upon availability, the landscape design (planting and irrigation) should be reviewed by
the Project Arborist and/or City for tree impacts,
..J
31. Irrigation lines proposed beneath a tree's canopy should be placed on top of existing
soil grade. If trenching beneath a canopy and into the existing grade is necessary, the
trenches should be designed and dug in a radial direction to the trunks, and be no closer
than five times the diameter of the nearest trunk. Irrigation should not spray beneath
the Oak canopies or within five feet from the trunks of all other trees.
32. Plant material requiring frequent watering should be installed away from the trees'
trunks by at least five times their diameter (a minimum distance of 10 feet is suggested)
and be limited to 25-percent of the dripline area. Plant material installed beneath
canopies of Oaks should be drought -tolerant and also comprise no more than 25-
percent of a dripline area.
33. Stones, mulch or other landscape features should be at least one-foot from the trunks of
retained trees and not be in contact with the trunks of new trees. Installing edging
material or tilling beneath canopies should be avoided.
,
Attachments: Tree Inventory Table
Site Map (Copy of Sheet AU)
...J
...)
Byrd Property, 19930 Sunset Drive, Saratoga
City a/Saratoga Community Development Department
Page 6 0/6
4\ ~:~~!C~I~u~~~s5:~ & Tree.!
TREE INVENTORY TABLE
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0
., ~ "
'" oo~ '" .9
~ ~~ "
g - " 00 't;j 00 '5
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NO. TREE NAME ":I: .:s~ oJ. .301::
:I: u 0 "'~ Q::,
~~S~~~!:I~U~~~SS:~ & Tree.!
TREE INVENTORY TABLE
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~ .g p.. " ~7f e &! p:;
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a .s II Ii ~" ~ M -<:
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TREE "" 0 ;g "" "ii:E o .. ! '"
'il ii ;- 'S :E ii II u'r;,: ~ " 0
NO. 'TREE NAME .s8 ~ o M
... :I: u 0 "'~ 0:::- ....lo-
GJ
Chinese Pistache
(Pistacia chinensis)
Italian Cypress
(Cupressus sempervirens)
Coast Redwood
(Sequoia sempervirens)
Coast Redwood
(Se aia sempervirens)
Coast Live Oak
(Quercus agrifalia )
Coast Live Oak
(Quercus agrifa/ia )
Coast Redwood
(Sequoia sempervirens)
Coast Redwood
(Sequoia sempervirens )
Douglas-Fir
(Pseudotsuga menziesii)
Phun
(Pnmus communis)
Olive Tree
(Olea eurapaea )
Olive Tree
(Otea eurapaea)
Olive Tree
(Olea europaea )
Olive Tree
(Olea europaea )
.~
...)
CIIJ
I Poor I
x
Low
12
24
16
15- lion '" $J20
24-inch box '" S420
REPLACEMENT TREE VALVES
-...J
36-inch box '" $1,320
48-inch box - 55,000
52-inch box '" 57,000
72~inch box - 515,000
Sile: 19930 Sunset Drive, SaralogQ
Prepared/or: City ofSarllloga Comm. Development Depart.
Prepared by.- Dsvid L Bobby, ReA
2of4
November 29, 2004
~f~s?u1tb~C~I~U~~~s5:~ & Tre<fl
TREE INVENTORY TABLE
"
0
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] 0
~ t:~ 00 l!: .~
~ ~ ~ ~ " ~ 00 iJ
!S 00 0 " ~ 8- " ii
" ~"" "'0 0 "
~ 0 0..2 ~If ::: ~ 0:: "
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!l 'i3 ~ " ~ or;
~ " .s II Ii ~. ~ ~ 0 <(
~ S- o .c"8 .s ~ "
is !S '" u Ei !l .... ] 0
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TREE l "" 0 :I on 'il:,E 8.ri 8- ."
NO. TREE NAME '1iJ ii > 'a l:E ti II .E~ ,g ~ g :::
:r: u 0 "'~ Q:::. ""0..
......
~
Olive Tree
(Olea europaea )
Coast Redwood
(Sequoia sempervirens)
Coast Live Oak
(Quercus agrifolia )
Coast Live Oak
(Quercus agrifoJia)
Coast Live Oak
(Quercus agrifolia)
Coast Live Oak
(Quercus agnfolia )
Coast Redwood
(Sequoia sempervirens)
Coast Redwood
(Sequoia sempervirens)
Coast Redwood
(Sequoia sempervirens)
~I
Coast Redwood
(Sequoia sempervirens)
[II]
8.4
I Farr I
Low
4
28
18
Coast Redwood
(Sequoia sempervirens )
Plum
(Pnmus communis)
Plum
(Prunus communis)
Coast Redwood
(Sequoia sempervirens )
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48.inch box = $5,000
15-Jf<IlIon '" $120
24.inch box = $420
REPLACEMENT TREE VALUES
36-inch box = $1,320
52.inch box "" $7,000
12-mch box ~ $]5,000
Site.: 19930 Sunset Drive, Saratoga
Prepared/or: CUy ofSaraJoga Comm.. Development Depart.
Prepare;} by: David L. Booby, ReA
30f4
November 29, 200.;
t:~S~~!C~I~u~~~s5:~ & Tree.!
TREE INVENTORY TABLE
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g ~ ~ ~ 00 1]
S 8. .., 1ii
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~ ~ " ..9~ 5..: ~ ~ 0 <(
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Ci S '" u .00 [] - 'O 0
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~ .E ~ :s o bD " 00 ~
TREE uS o bD 8. '"
bD S bD U";;
NO. TREE NAME 'OJ " S:E t II .5~ ,? ~ .3,t
f--< ~ U 0 "'~ 0::::'
coast Redwood
(Sequoia sempe",irens)
coast Redwood
(Sequoia sempervirens )
Coast Redwood
(Sequoia sempen>irens )
Coast Redwood
(Sequoia sempe1Virens )
Coast Live Oak
(Quercus agrifa/ia)
Coast Live Oak
(Quercus agrifo/ia )
Coast Live Oak
(Quercus agrifo/ia )
Coast Redwood
(Sequoia sempervirens)
Coast Redwood
(Sequoia sempervirens)
....J
15- lion "" $120
24-incb box =- $420
REPLACEMENT TREE VALVES
...J
36-inch box = $1,320
52-inch box = $7,000
72-inch box - $]5.000
48-inch box - $5,000
Site: 19930 Swuel [)ripe, Saratoga
Preparedfor: City ofSarawga Comm. Development Depart.
Prepmed by.- n..ilJ L. Bobby, ReA
40f4
November 29, 2004
.....7'"'.0
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ARB. RESOURCES .
Professional Arboricullural Consulting & Tree Care
"--",,
March 22, 2005
~11f)1!,
MJjR :J l~
0,< C'Ify 0 82005 fj)j
11,~i\' :c s~k1
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Lata Vasudevan
Community Development Department
City of Saratoga
13777 Fruitvale Avenue
Saratoga, CA 95070
RE: REVIEW OF PLANS for the Proposed Residence at the Byrd Property;
19930 Sunset Drive, Saratoga; Application #: 04-359
Dear Lata:
I have reviewed the following documents in relation to the proposed development at the
aboveoreferenced site: [I] most recent set of project plans; [2] the report by Mr. Ray
Morneau, dated 2/11/05; and [3] the letter by Mr. Ken Schoppet, dated 217/05. My
comments are presented below.
"-/
1. The trunk locations of trees #72 thru 75 are shown on the Screening Plan (Sheet L-4.1)
but not on the Site Plan (Sheet AU) or Grading and Drainage Plan (Sheet 1). Plans
should be revised accordingly. Additionally, these trees' canopy dimensions as shown
on Sheets L-4.1 and A1.1 should represent the canopy sizes presented within the table
attached to my report dated 11/29/04.
2. The appraised value of each tree was accurately prepared to City Code by Mr.
Morneau. Based on his calculated amounts and trees planned for retention, the tree
protection bond amount required for this project is $297.740. This amount considers
the value of all trees minus #36 (a Plum in overal1 poor condition and being removed).,
3. The proposed grading design has not been revised per item #4 of my report. Plans
should be revised accordingly, to include Sheets AU and 1 conforming to another.
4. Tree #15 will be severely jeopardized by constructing the proposed basement. This
tree is identified as being in overall good condition and has a high suitability for
preservation. As such, measures to achieve a reasonable assurance of its stability and
longevity are suggested for compliance to the City's Ordinance. My recommendation
for achieving this includes redesigning the home in a manner so the closest edge of
excavation (including for any finish grading) is at least 20 feet from the tree's trunk.
This distance must also consider any overcut/overbuild required for constructing and
sealing the walls, as well as installing drainage components. One possible manner in
which to maximize the amount of square footage for the home while maintaining the
required setbacks is for the vertical cut of the basement to be achieved through "soil
nailing" and using shotcrete.
~
P.O. Box 25295, San Mateo, California 94402 . Email: arborresources@earthlink.net
Phone: 650.654,3351 . Fax: 650.654.3352 . Licensed Contractor #796763
.."."....".
. .
. .... .,
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ARB. RESOURCES .
Professional Arboricultural Consulting & Tree Care
c
March 22, 2005
19930 Sunset Drive
page 2
5. The proposed pool house should be redesigned so no soil excavation (including finish
grading) is required within 20 feet from the trunks of trees #19 and 20. If this cannot
be achieved through the use of a pier and above-grade beam footing, then the structure
should be designed to be at least 20 feet from the trunks.
6. The proposed wall immediately south of tree #20's trunk has not been revised to be in
line with the home's foundation (per item #10 of my report) and plans should be
revised accordingly. The applicant has commented that the wall wil1 be constructed
above grade using a pier and beam system. However, the proposed grading on the
wall's south side will significantly compromise this tree. In addition, the proximity of
the wall to the trunk is too close for minimizing the, potential risk of the wall being
damaged in the foreseeable future.
7. Item #5 of my report specifies the portion of new driveway proposed beneath the
canopies of trees #8,74 and 75 being placed on top of existing grade. A note on Sheet
L-4.l indicates this will occur, however, the entire recommendation must be reflected
on Sheet 1, including where shown in Sections A-A on Sheet 2 of the plans.
'-'
8. The proposed staircase beneath tree #30's canopy should be designed an additional five
feet from its trunk than what is shown on Sheet A1.l. Sheets L4.1 and 1 should be
revised accordingly.
9. Sheet 1 does not reflect the staircase being in line with the east-west wall of the pool
house and should be revised accordingly.
10. The wal1, walkway and staircase immediately southeast of tree #13's trunk have not
been revised on Sheet AI. 1 to be an additional five feet away from its trunk (per item
#8 of my report). The plan should be revised accordingly. .
11. A note is shown on Sheet L-4.1 regarding the proposed lawn beneath the canopies of
tree #2-4 and 8. However, the change(s) must be incorporated into the design and
shown on the plans.
12. The note specified on Sheet L-4.1 regarding item #12 of my report should also include
'edging.'
'-..-J
P.O. Box 25295, San Mateo, California 94402 . Email: arborresources@earthlink.net
Phone: 650.654.3351 . Fax: 650.654,3352 . Licensed Contractor #796763
--.
".....,
".....
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. '
ARB. RESOURCES .
Professional Arboricultural Consulting & Tree Care
March 22, 2005
19930 Sunset Drive
page 3
13. The proposed storm drain shown on Sheet I should be reconfigured to be established
outside from the designated fenced area. Additionally, al1 utilities and services should
be deigned as such. If this is not possible, alternative means for installing any line
should be prescribed and monitored by the Project Arborist.
Si.ncerelY~ . /
/J /I, .
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y
David L. Babby, RCA
Consulting Arborist
P.O. Box 25295, San Mateo, California 94402 . Email: arborresources@earthlink.net
Phone: 650.654.335] . Fax: 650.654.3352 . Licensed Contractor #796763
.
~~~ .
U. William
,Ap-c.r+ITe C.T
Maston
~ A~.. <; 0 ~ I .A" E..<..
, ---"'
City of Saratoga
13777 Fruitvale Avenue
Saratoga, CA. 95070
November 10, 2005
Re: 19930 Sunset Drive
Application #04-359
Dear Ms. Vasudevan,
Below is an itemized response to the letter from Arbor Resources dated March 22, 2005, regarding
comments for the above referenced project.
1. The trunk locations for trees #72 - 75 have been added to the Site Plan (Sheet ALl). These
trees are not located on the property owned by our client and as such were not included on
the Grading & Drainage Plan (Sheet 1) because they were not surveyed. They cannot be
surveyed without access to the adjoining property, which we do not have permission to do.
Consequently their location will have to be labeled as "approximate" on the Architectural
site plan (see sheet note #8).
2. No comment required.
3. Where possible, all attempts have been made to avoid grading within the protective fencing
approximated in your report dated November 29, 2004. Refer also to Sheet Note #9 on sheet
AU.
4. The basement plan has been modified to increase the distance of the wall from tree #15 to
over 16 feet. With the (E) site grades at that location, the proposed excavation is anticipated
to have minimal impact on the tree. Refer to the attached Supplemental Arborist's Memo by
Ray Morneau, dated August 22, 2005. The distance to tree #15 is slightly Jess than the 20ft
requested, as due to the shallowness of the required excavation, no over cut is required. We
are also attaching a letter from Mehus Construction dated April 22, 2005, outlining the
proposed construction technique at that location.
5. Pier and grade beam construction is proposed for the Second Dwelling Unit (pool house).
6. The presence of an existing retaining wall, of significant size, has already established the
grade in the area to the south of tree #20 (see attaches photo). A large portion of the new
wal1 in question has been removed from the plans, therefore only minimal grading will be
required in that area. The grade beam construction of the remaining portion of the wan will
be designed in such a way as to allow for future root growth.
7. In general, it is poor industry practice to repeat notes as it increases the potential for error.
Therefore sheet note #7 on Sheet Al.l references the relevant note on Sheet L.4.1
addressing item #5 of your report dated November 29,2004. Section A-A on Sheet 2 has
'1
')
384 Castro Street. Mountain View, CA 94041 . (650) 968-7900 . Fax (650) 968-4913
info@mBstonBrchitect.com
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been revised accordingly. The driveway design has also been modified to eliminate any
excavation beneath the canopy of trees #8, 74 & 75.
8. The staircase beneath tree #30's canopy has been completely rerouted and is now more than
the requested additional 5f! from the tree's trunk.
9. Sheet 1 has been updated accordingly.
10. Sheet AI. 1 has been revised accordingly.
11. As requested, the proposed lawn has been removed from beneath the canopies of tree #2, 4
& 8.
12. The note on Sheet L.41 has been updated to include the word "edging".
13. The proposed storm drain has been reconfigured to be established outside of the designated
fenced area, refer to civil plan, Sheet 1.
Keith ordon
Proje Manager
Willi m Maston Architect & Associates
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Attachment 3 -
. ~
.
.
AFFIDAVIT OF MAILING NOTICES
.......
"--
I, Denise Kaspar, being duly sworn, deposes and says: that I am a citizen of the
United States, over the age of 18 years; that acting for the City of Saratoga Planning
Commission on the 26th day of June ,2006, that I deposited 36 notices in the
United States Post Office, a NOTICE OF HEARING, a copy of which is attached hereto,
with postage thereon prepaid, addressed to the following persons at the addresses
shown, to-wit:
(See list attached hereto and made part hereof)
that said persons are the owners of said property who are entitled to a Notice of Hearing
pursuant to Section IS-4S.060(b) of the Zoning Ordinance of the City of Saratoga in that
said persons and their addresses are those shown on the most recent equalized roll of the
Assessor of the County of Santa Clara as being owners of property within 500 feet of the
property described as: APN: 510-26-001 - 19930 Sunset Drive; that on said day there
was regular communication by United States Mail to the addresses shown above.
'-
.
.
City of Saratoga
Community Development Department
13777 Fruitvale Avenue
Saratoga, CA 95070
408-868- 1 222
~\
,
-
NOTICE OF PUBLIC HEARING
The City of Saratoga's Planning Commission announces the following public hearing on:
Wednesday, tbe 12tbday of July 2006, at 7:00 p.m.
The public hearing will be held in the City Hall Theater located at 13777 Fruitvale Avenue. The
public hearing agenda item is stated below. Details of this item are available at the Saratoga
Community Development Department, Monday through Friday 7:30 a.m. - 5:00 p.m. Please
consult the City website at www.saratoga.ca.us regarding Friday office closures.
APPLICATION/ADDRESS: #04-359 -19930 Sunset Drive
APPLICANT: BYRD
APN: 510-26-001
DESCRIPTION: The applicant requests Design Review approval to construct a new single-
family dwelling on a currently vacant lot. The dwelling will consist of approximately 5,574 \
square feet, in addition to an approximately 5,181 square feet basement and a 728 square feet ...-I
detached second dwelling unit. The maximum height of the home will be 26 feet. The site is
currently located in Santa Clara County within the City of Saratoga's sphere of influence and in
the Hillside Residential [HR] prezone. A request to initiate annexation of this approximately
86,153 (gross) square foot parcel to the City was approved by the Saratoga City Council on June
7,2006.
All interested persons may appear and be heard at the above time and place. If you challenge a
decision of the Planning Commission pursuant to a public hearing in court, you may be limited
to raising only those issues you or someone else raised at the public hearing(s) described in this
notice, or in written correspondence delivered to the Saratoga Planning Commission at, or prior
to, the public hearing. In order to be included in the Planning Commission's information
packets, written communications should be filed on or before the Monday, July 3, 2006, a week
before the meeting.
This notice has been sent to all owners of property within 500 feet of the project that is the subject
of this notice. In some cases, out-of-date information or difficulties with the U.S. Postal Service
may result in notices not being delivered to all residents potentially affected by a project. If you
believe that your neighbors would be interested in the project described in this notice, we encourage
you to provide them with a copy of this notice. This will ensure that everyone in your Community
has as much information as possible concerning this project.
.,)
Lata Vasudevan
Associate Planner
(408) 868-1235
lune 25, 2006
)wnership Listing
~ared for:
;] 0-26-00]
JAK CREEK PARTNERS LLC
.9930 SUNSET DRIVE
;ARATOGA CA 95070
; 1 0-02-004
CA Y S & DOUGLAS RALSTON
JR CURRENT RESIDENT
9905 SUNSET DR
;ARATOGA CA 95070-6438
;10-02-015
,ORMAN KEISER
)R CURRENT RESIDENT
5400 HUME DR
;ARATOGA CA 95070-6418
;10,02-019
/lALLACE & SYLVIA TSANG
)R CURRENT RESIDENT
5449 HUME DR
;ARA TOGA CA 95070-6416
~6-001
)AK CREEK PARTNERS LLC
4858 GYPSY HILL RD
,ARATOGA CA 95070-6151
; 1 0-26-004
\LlCE C HUMBERT
JR CURRENT RESIDENT
15555 GLEN UNA DR
"OS GATOS CA 95030-2922
i 1 0-26-007
"ESLlE F JOHNSON
JR CURRENT RESIDENT
15581 GLEN UNA DR
"OS GATOS CA 95030-2922
il 0-26-04 1
/lEI-CHIAO & MI-FANG KU
JR CURRE'H RESIDENT
.5631 GLEN UNA DR
"OS GA TOS CA 95030-2908
6-073
~E A & JULlA BLACK
)]<CURRENT RESIDENT
5651 GLEN UNA DR
"OS GA TOS CA 95030-2908
.
510.02-013
THOMAS J ALBANESE
OR CURRENT RESIDENT
15435 PEPPER LN
SARATOGA CA 95070-6426
510,02-017
MARION C & JOHN CONNOLLY
OR CURRENT RESIDENT
15405 HUME DR
SARATOGA CA 95070-6416
510-02-024
LESTER G SACHS
OR CURRENT RESIDENT
19941 SUNSET DR
SARATOGA CA 95070-6438
510,26,002
RANDAL R KERBY
OR CURRENT RESIDENT
19910 SUNSET DR
LOS GA TOS CA 95030-2933
510-26-005
ALAN G & MARGARET GIBERSON
OR CURRENT RESIDENT
15561 GLEN UNA DR
LOS GATOS CA 95030-2922
510-26-009
MARY KAWAHARA
OR CURRENT RESIDENT
15748 PEACH HILL RD
LOS GATOS CA 95030-2926
510-26-070
LAWRENCE A & RUTH ROSS
OR CURRENT RESIDENT
15540 GLEN UNA DR
LOS GATOS CA 95030-2936
510-26-076
JOHN A & EDNA HERMAN
OR CURRENT RESIDENT
15621 GLEN UNA DR
LOS GATOS CA 95030-2908
.
510-02-014
DONALDJ&JOANNEPROLO
OR CURRENT RESIDENT
19841 GLEN UNA DR
SARATOGA CA 95070-6414
510-02-018
ROBERT W & DEBORAH WALT
OR CURRENT RESIDENT
15427 HUME DR
SARA TOGA CA 95070-64 I 6
510-02-025
CHAIHO & TAEOCK KIM
OR CURRENT RESIDENT
19977 SUNSET DR
SARATOGA CA 95070.6438
510-26-003
EDWARD S WANG
OR CURRENT RESIDENT
15521 GLEN UNA DR
LOS GATOS CA 95030-2922
510-26-006
MARK D & CA THERlNE WILSON
OR CURRENT RESIDENT
15567 GLEN UNA DR
LOS GATOS CA 95030,2922
510-26-029
KENNETH LEVY
OR CURRENT RESIDENT
19800 GLEN UNA DR
SARATOGA CA 951J70,6457
510-26-071
WILLlAM E & BARBARA TINSLEY
OR CURRENT RESIDENT
15550 GLEN UNA DR
LOS GATOS CA 95030-2936
510-26-082
EVAN 1991
OR CURRENT RESIDENT
15600 GLEN UNA DR
LOS GATOS CA 951J30-2909
17-23-001
UP AN WEN
IR CURRENT RESIDENT
5481 PEACH HILL RD
ARATOGA CA 95070-6402
17-23-022
lCHARD A & DEBRA BELGARD
IR CURRENT RESIDENT
5571 PEACH HILL RD
ARATOGA CA 95070-6472
17-23-025
IILLIAM MUSSONE
R CURRENT RESIDENT
5590 PEACH HILL RD
ARATOGA CA 95070-6471
17-22-088
IILLIAM J & BARBARA ELFVING
R CURRENT RESIDENT
5451 PEACH HILL RD
ARATOGA CA 95070-6402
.517-23-020
LAZAR & JANELLE BIRENBAUM
OR CURRENT RESIDENT
20052 SUNSET DR
SARATOGA CA 95070-6468
517 -23-023
MARDI TRUST
OR CURRENT RESIDENT
15581 PEACH HILL RD
SARATOGA CA 95070-6472
517-23-048
ROBERT T & BElJIA BECKETI
OR CURRENT RESIDENT
15580 PEACH HILL RD
SARATOGA CA 95070-6471
517-22-111
IQBAL HUSAIN
20140 MENDELSOHN LN
SARATOGA CA 95070-5904
.
517-23-021
IQBAL HUSAIN
20140 MENDELSOHN LN
SARATOGA CA 95070-5904
517-23-024
ROBERT M & DONNA GORSKI
OR CURRENT RESIDENT
15600 PEACH HILL RD
SARATOGA CA 95070-6471
517-22-071
BIRK S MC CAJ\'DLESS
3945 FREEDOM CIR 1000
SANTA CLARA CA 95054-1274
CITY OF SARA TOGA
ATTN: LATA VASUDEVAN
13 777 FRUITV ALE A VENUE
SARATOGA CA 95070
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CIDlaWilliam
,Af2-CI-tIT::cT
Maston
4- A""~~OG
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July 3, 2006
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RE: Update of neighbor notification for the proposed new residence at 19930 Sunset
Application #04-359
Drive
City of Saratoga
13777 Fruitvale Avenue
Saratoga, CA 95070
Dear Ms. Vasudevan,
Several Neighbor Notification Forms have been sent out regarding the above referenced project
(11/17/05, 12/14/04, 02/03/05,), but the comments below pertain to the last notification sent out on
June 16,2006.
We have had several meetings and discussions with the residents at 19930 Sunset Drive, and they like
and whole-heartedly endorse the project. They are the only residents who have an unobstructed view of
the proposed residence, and have agreed to a mutually beneficial screening plan with the homeowners.
-....."I
On 06/19/06 Mike Byrd had a conversation with one of the residents at 19905 Sunset Drive during
which the resident expressed no objection to the project and was looking forward to seeing the finished
product.
On 06/30/06 we received a voicemail from the resident at 19910 Sunset Drive, stating that although he
was reluctant to sign any forms, he believed that the Byrds had the right to build what they wanted on
their property, and he has no objection to what is being proposed.
We have also heard from the neighbors at 19905 Sunset and 15561 Glen Una, both of whom have
requested a meeting to review the plans. This has been scheduled at the site on 07/10/06.
I will keep you apprised of any further comments when we receive them.
Keith Go[ n
Project nager
William aston Architect & Associates
~
384 Castro Street, Mountain View, CA 94041 (650) 968-7900 Fax (650) 968-4913
email: info@mastonarchitect.com
.
.
,-..
COVER SHEET
TO:
HONORABLE MEMBERS SARATOGA PLANNING COMMISSION
A TTN : LATA V ASUDEV AN , ASSISTANT PLANNER
CITY OF SARA TOGA
13777 FRUITV ALE A VENUE
SARATOGA, CALIFORNIA 95070
FROM:
ALAN AND MEG GIBERSON
15561 GLEN UNA DRIVE
LOS GATOS, CA 95030
RE:
7/12/06 PLANNING COMMISSION HEARING OF DEVELOPMENT
PROJECT AT 19930 SUNSET DRIVE
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TWO, INCLUDING COVER SHEET
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~ JUL 0 5 2006 ~
CITY OF SARATOGA
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The project development at 19930 for the Oak Creek Partners, LLC, is not consistent with
applicable zoning because of large grading amounts.
_ City hillside zoning development criteria require that combined cut and fill of any
grading shall not exceed one thousand cubic yards (1000 cu. yards), including any
excavation for a swimming pool, without specific Planning Commission approval
and findings. Saratoga Zoning Code S 15-13.050(f).
_ Proposed cut and fill for this for this project total approximately 300% of the
mandated limit.
Mitigation is requested because:
this amount of grading exceeds City of Saratoga's mandated limit;
immoderate grading creates a precedent which will impact all similarly-
situated neighbors throughout the Hillside Residential area, implicating further
environmental review under CEQA for this project;
the extraordinary amount of grading allows 12,815 sq. ft. of floor area where
the maximum allowable is 6,930 sq. ft. (6,513 sq. ft. of floor space are "not
countable" here because of "basement" status); and
tunneling the lower story partly into the ground allows this applicant to avoid
the 60-foot rear setback requirement of a two-story house.
Terms of mitigation requested:
_ restricting construction to M - F from 8 a.m. to 6 p.m. as was done for a similar
development in Saratoga in 1991, that included the restrictions below:
o "normally scheduled construction activities should be limited to daytime
hours 8:00 a.m. to 6:00 p.m. Construction should not be permitted on
Saturdays, Sundays, and recognized holidays unless a permit has been applied
for and granted by the Planning Director." Wong EIR, page 3-53.
o "Truck activities should be limited to 8:00a.m. to 6:00 p.m." Ibid.
.....)
These restrictions are appropriate for this project, which is similarly situated on a
steep (over 20% slope) hillside location amid surrounding residential properties,
but which has closer neighboring houses. (See, for example, Wong parcel
description: "hillside parcel between two adjacent residential
developments....characterized by very steep slopes ranging in steepness from 15-
30 percent.. ..zoned... NHR...." Wong Draft EIR, August 1991, page 2-1;
"existing house closest to the project site.. .is approximately 100 feet from the
property line." Ibid, page 3-51.) Houses here are closer.
controlling daily for dust - or airborne contaminants left from demolished house
(demolition done with no obvious supervision pursuant to County permit, obtained
after application to Saratoga for demolition, and development)
placing portable potty with equal separation from neighbors' houses-particularly
important for closest houses to South and East
monitoring site for prior contaminants -lead, asbestos, etc.
putting up plastic or other protective sheeting along Sand E property boundaries for
dust/dirt protection; can use six to seven foot fence existing (approx. 6 ft chain link, 1
ft barbed wire) to support sheeting
-.)
Respectfully submitted,
~ V/(C:16t~0~
CIa Wil:m
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Maston
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LET T E R OF T RAN S M I T TAL
To: The City of Saratoga Date: 06/19/06 I Job: Byrd
13777 Fruitvale Avenue Attention: Lata Vasudevan
Saratoga, CA. 95070 Re: 19930 Sunset Drive
From: Keith Gordon
WE ARE SENDING YOU 0 Attached
o Under separate cover via
the following
o Shop drawings
o Prints
o Plans
o Samples
o Specification
o Copy of letter
o Change order
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COPIES DATE NO. , DESCRIPTION
1 06/16/06 Cover Letter to Neighbors
1 06/16/06 City of Saratoga Neighbor Notification Form
1 06/16/06 Copy of mailing envelopEfwith date stamp (8 total)
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THESE ARE TRANSMITTED as checked below:
o For approval
o For your use
o As requested
o For review and comment
o FOR BIDS DUE 20
o PRINTS RETURNED AFTER LOAN TO US
o Approved as submitted
o Approved as noted
o Returned for corrections
o Resubmit
o Submit
o Return
copies for approval
copies for distribution
corrected prints
REMARKS
Lata,
Here are copies of the neighbor notification forms that were sent out iast Friday. I am also attaching
a copy of the cover letter which accompanied them, and a copy of the mailing address indicating
the mailing date.
Feel free to call or email me should you have any questions or require any
,,-- Regards.
"- CC:
SIGNED:
384 Castro Street, Mountain, View, CA 94041 (650) 968-7900 Fax (650) 968-4913
email: keithg@mastonarchilecl.com
[]]a Willia!
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Residents of:
Sunset Drive/Glen Una Drive
Los Gatos, CA. 95070
June 16,2006
Re: 19930 Sunset Drive
Application #04-359
Dear Resident,
With regard to the above referenced application for a new residence, the City of Saratoga has asked
that we again send you the enclosed Neighborhood Notification Template, which they have
provided.
The story poles have now been erected and we would ask that you take the time to review them and
be kind enough to complete the enclosed form, Please check one of the boxes and sign and return
the form to us in the envelope provided.
J
In the meantime, should you have any concerns, or require additional information, we will be more
than happy to schedule a time to meet with you to review the proposed project. You can also call
Bill Maston or myself at the telephone number below.
-
KeithG
Project
Willia
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aston Architect & Associates
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384 Castro Street. Mountain View, CA 94041 . (650) 968-7900 · Fax (650) 968-4913
infn 8 mA",tnnarch itect.com
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City of Saratoga
Neighbor Notification Form
Date~
PROJECT ADDRESS: 10)0)~
SUNSf.T ~vf. I L..t;6 ~rD":> 1 d)toZB
Applicant Name:
Application Number: 04 - 35~
Staff and the Planning Commission prefer that neighbors take this opportunity to express any concerns or
issues they may have directly to the applicant. Please ensure the signature on this document is
representative of all residents residing on your property. Regardless of the opinion expressed below, you
reserve the right to amend your opinion at a later date during the actual public review and appeal
periods.
OMy signature below certifies the following: I have reviewed the project plans; I understand the scope of
work; and I do NOT have any concerns or issues which need to be address by the applicant prior to
the City's public hearing on the proposed pr~ect. I
OMy signature below certifies the following: I have reviewed the project plans; I understand the scope of
work; and I have issues or concerns, which after discussion with the applicant, have not been
addressed. My concerns are the following (please attach additional sheets if necessary):
Neighbor Name:
Neighbor Address:
Neighbor Phone Number:
Signature:
Printed:
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1561 Glen Una Drive
Los Gatos, CA 95030
December 29, 2005
Keith Gordon
Project Manager
William Maston Architect & Associates
384 Castro Street
Mountain View, CA 94041
RE: Your letter re proposed new residence at 19930 Sunset Drive
Dear Mr, Gordon:
Thank you for your 12119/05 letter regarding om commnnication sent to the City of Saratoga
Planning Department. Yom letter to us focused only on one of the issues we had concerns
about-depiction of the driveway that runs through the southerly portions of our two properties.
It is not surprising that your agents did not find a record of the areas of the "ROW"/
"reservation"/ "easement" we have adversely possessed, as the property affected may lie entirely
outside the southern boundaries of APN 510-26-001, owned by your clients, Oak Creek Partners,
LLC.
What is snrprising is Ule detailed but inaccurate depiction of the driveway and the "ROW"/
"reservation"f"easement" affecting our property, APN 510-26-005, to the south of yom clients'
parcel. We would be interested in learning the basis for the depiction of that area in your
documents and in assisting in clarification of the evident misunderstanding involved.
Additionally, about one year ago, when Maston Associates last communicated with us about the
proposed Oak Creek/Dyrd development, Mr. Maston expressed an interest in undergrounding the
utility line that serves only our house and property and that runs on our property just inside our
northerly boundary. At that time he staled that it would be much less expensive for your clients if
the line were undergrounded so that il ran from Sunset to om house along yom clients' easterly
boundary. He noted that such a solution would avoid having to dig a trench up the hillside, along
om joint properties' boundary. We have not heard anything further from yom firm on that
subject. Perhaps you wonld be interested in discussing the matter, as well as any of the other
issues we raised in our letter.
Thank yon for your interest in ongoing discussions,
Yo~
C~ ,./f/va~
Alan and Meg GibersfJ l
Cc: Lata Vasudevan, City of Saratoga Planning Department
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CI'Y OF SARAT<9GA
COM M U N I TY DEVELOPM.ENT D EPAR TMENT
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FACSIMILE TRANSMITTAL SHEET
TO:
J<(J'th ~
FROM: I)
La~ VtL~aD
DATE:
JD-l- I ~ ) ~o5
TOTAL NO: OF PAGES INCLUDING
COVER: =::s
SENDER'S PHONE NUMBER:
(408)
SENDER'S FAX NUMBER:
408-867-8555
COMPANY:
. FAX NUMBER:
PHONE NUMBER:
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RE:
(113D c5~
o URGENT
FOR REVIEW 0 PLEASE COMMENT
PLEASE REPLY
NOTES/CO
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'cI40S01:10p
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1211 4/05
VIA FACSIMlLE: (408) 867-8555
To:
Planning Department
Attn: designated project planner, Lata Vasudev4 _
City of Saratoga pr---
Alan and Meg Giberson q f1k/ls-fI/'
Giberson@net(!ate.net ./ -~~UV v v
Residential development proposal #04-35~
19930 Sunset Drive
APN 510-26-001
CITY OF 'Ai<1\J 00'
"r\IJ'l'Vf)C1lf:_' r /1
From:
IS lfil Ic' ' --
I~{ is ,;,.!E II IW !" i
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DEe I 4 2005 :0
RE:
Thank you for thc opportunity to comment on the residential development proposal #04-
359, atl9930 Sunset Drive, APN 510-26-001. We incorporate herein by reference our
previous 12/8/04 letter to the City regarding the project.
We have not heard from the Byrds or their architectural firm for nearly a year.
As we have written previously, we look forward to a fine house being built on the lot and
do not oppose the overall development plan for a Mediterraneanrruscan home planned by
the Delaware corporation, Oak Creek, LLC, and the Byrds. We do, however, anticipate
some changes that will help the project respect the neighbor- and environment-protective
measures embodied in the Saratoga City Code and uther laws. We look forward to
working with project proponents and City planners to achieve a positive result for project
proponents. We submit today's comments, below.
As you know, the existing 50+ year-old residence on the property was demolished and
removed under permit issued by the County of Santa Clara, perhaps surprising since
development plans and an annexation proposal had all been previously submitted to the
City of Saratoga. The historical determination documents are not in the file.
The revised plan calls for substantial cut aud fill with 2900+ cubic yards to be moved,
whereas City of Saratoga development criteria set a 1000 cubic-yard-limit for combined
cut and fill.
The proposed development appears to be a two-story structure with the large lower !loor
designated as a partial basement. Setback for the rear should thus be sixty feet, not the
proposed fifty feet. The total proposed residence is nearly 10,000 square feet.
An "ROW" (right of way) in the western part of the property appears to be a
reservatiou-according to the property map referenced-that currently serves as a
driveway to one parcel to the project's west, and provides secondary access to the project
property and our property. See Saratoga City Code ~ 15-06.230 "Driveway". It is not a
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public street or road; it should be appropriately labeled on the project maps. A large
portion of that certain reservation (situated to the southwest of the Byrd property) has
been adversely possessed by us, as recognized by court decree. This certain portion with
the existillg driveway appears incorrectly drawn in project submittals.
The nature of the "ROW"lreservation will also affect how that area may be used and/or
dedicated by APN 510-26-001 owners. If a reservation, the owners of that reservation
will need to indicare their agreement to the annexation. It is not clear from submitted
documents that the Byrds are oWllers of the reservation, or that the actual owners of the
reservation have agreed to the annexation. It is also not clear that the Byrds represent all
those with any ownership or property interest in APN 510-26-001 (we did not find any
statement to that eflect from the corporation among the submitted documents).
If the "ROW"!reservation is owned by others than the Byrds, project setbacks from that
reservation edge could also affect the project.
Differing property sizes referenced in the project documents submitted are confusing.
While the project proposes to offer 2.49 acres of land for annexation to the City, the lot
was described as :!:1.9 acres in project documents, with about 1.70 acres or less listed as
the final net lot size. The parcel is listed on County APN maps as a 1.75 acre parcel, and
has previously been listed for sale as a 1.75 acre parcel. The actual lot size will need
verification in order for the project to be appropriately and adequately processed, as lot
size affects several regulated parameters (house size, etc.).
Filially, it was not clear from our preliminary look at the current plans dated November 9,
2005, that Willow Creek (a seasonal creek, shown on the current USGS quad map) was
adequately delineated on the submitted maps. Mitigation measures (runoff provisions,
etc.) adequate to protect that creek and neighboring properties were not apparent among
submitted documents.
.......
Jan 28 05 12:50p
,
,
January 28, 2005
Via Facsimile: (408) 867-8555
TO:
Planning Department
Attention: John Livingstone, Associate Planner
City of Saratoga
13777 Fruitvale A venue
Saratoga, CA 95070. /J____
Giberson ~
15561 Glen Una Drive A / ()1m".J
Los Gatos, CA 95030/ iftJAly
Development al19930 sunW Drive, clarifications
FROM:
RE:
We have met with the architect for the proposed development at 19930 Sunset Drive, the
rear of which property adjoins our home and property at 15561 Glen Una Drive. We
look forward to working with the owners, as appropriate; we support development that
strictly follows codes and public policy. We incorporate our previous comments herein
by reference. Thank you for the opportunity to communicate regarding this neighboring
development.
According to the architect, the project has been altered pursuant to the wishes of other
neighbors. We have no desire to affect the fonn or style of the house, but offer the
following comments regarding the development generally:
SITE RESTRICTIONS: Because it is a two-story home, the property appears
subject to a sixty-foot (60') rear setback. Saratoga City Code ~ 15-13.090.
SQUARE FOOTAGE, HEIGHT, BASEMENT: An easily-interpreted and
labeled depiction of the current natural ground level (grade) would help in
determining these values, which affect site restrictions, as above.
OWNERSHIP: We will look for a statement from the Delaware corporation
that owns the property regarding its connection to the Byrd family, since City
code requires evidence that the owner authorizes the applicant to submit items
for City approval. Saratoga City Code ~ 15-06.052.
CHAIN LINK: The applicant's submittal notes that one or more chain link
fences will be replaced. Since chain link fences are not permitted in this area,
we assume that removal of any such fence wil1 result in replacement by a
fence of suitable material. Saratoga City Code ~ IS-29.020(e)
PRIV ATE DRIVEWAY: The submittal referred to a certain "private
road" -in actuality a driveway-crossing through the westerly portion of the
subject property. Please note this private driveway may not be 15' wide in all
areas and passes through an easement/reservation, which is less than 40 feet
wide in palts, pursuant to court decision.
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, RESOLUTION NO 06-046 ,
A RES ,hTION OF THE CITY COUNCIL )rHE
CITY OF SARATOGA INITIATING ANNEXATION
OF A PROPERTY LOCATED AT
19930 SUNSET DRIVE
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WHEREAS, the City Council is considering the annexation of an approximately
86,153 (gross) square foot property, hereinafter referred to as 'the territory', APN 510-
26-001, contiguous to the City of Saratoga; and
WHEREAS, the City of Saratoga City Council has determined the project to be
exempt from the California Environmental Quality Act ("CEQA") pursuant to Section
15319 ofthe CEQA Guidelines; and
WHEREAS, as provided in Government Code Section 56757, the City Council
ofthe City of Saratoga is the conducting authority for the annexation; and
WHEREAS, the territory to be annexed at 19930 Sunset Drive is in the City of
Saratoga's Urban Service Area and Sphere of Inf1nence and is prezoned as Hillside
Residential [HR]; and
WHEREAS, there is one hundred percent (1QO%) owner consent for the
annexation proceedings, no notice, public hearing or election will be required for
annexation approval by the City; and
WHEREAS, the City has consulted with the Santa Clara County Registrar of
Voters and has determined that said territory is considered uninhabited for the purposes
of annexation proceedings.
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NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Saratoga hereby initiates annexation proceedings and will consider annexation of the
tenitory to the City known as Assessor's Parcel Number 510-26-001 located at 19930
Sunset Drive at a meeting to be scheduled to approve the annexation.
The above Resolution was passed and adopted at a regular meeting of the City Council of
the City of Saratoga held on the 7th day of June 2006 by the following vote:
AYES:
Councilmembers KatWeen King, Nick Streit, Ann Waltonsmith,
Vice Mayor Aileen Kao, Mayor Norman Kline
NOES:
None
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ABSENT: None
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Cathle~rr13~yer, pty Clerk
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ABSTAIN: None
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EXHIBIT A OF THIS PLANNING COMMISSION
STAFF REPORT IS PRESENTED IN
ATTACHMENT 2
OF
CITY COUNCIL STAFF REPORT
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RESOLUTION NO - 07-002
APPLICATION NO. 04-359
CITY OF SARATOGA PLANNING COMMISSION
STATE OF CALIFORNIA
Oak Creek LLC (Mr. and Mrs. Byrd)/19930 Sunset Drive
WHEREAS, the City of Saratoga ConuTIluuty Development Department has
received an application for design review to construct a one story Santa Barbara style
home with a basement on a 72,228 (net) sq. ft. lot that is presently vacant. The
proposed home will be 5,574 square feet in floor area (including garage) with a 5,181
square foot basement. A 728 square foot second dwelling unit is also proposed. The
home is situated on a parcel which is to be annexed to the City.
WHEREAS, the Planning Commission held a duly noticed Public Hearing at
which time all interested parties were given a full opportunity to be heard and to present
evidence; and
-'
Whereas the project is Categorically Exempt from the Environmental Quality
Act (CEQA) pursuant Section 15303, "New Construction or Conversion of Small
Structures", Class 3 (a) of the Public Resources Code (CEQA). This exemption allows
for the construction or conversion of up to three single-family residences. The site is in
an urbanized area and is connected to utility and roadway infrastructure and involves
the construction of one single family home and a second dwelling unit; and
WHEREAS, the applicant has met the burden of proof required to support said
application for Design Review approval, and the following findings have been met:
(a) Avoid unreasonable interference with views and privacy. The proposed home
has been designed such that it is at an angle in relation to other properties.
Existing trees are proposed for relocation, and new trees are also proposed to
preserve view corridors and further screen neighboring properties. The
entertaining areas are either located down slope and away from neighboring
residences, or highly screened to control potential noise impact.
(b) Preserve Natural Landscape. Consideration has been given to ensure that the
building form is in harmony with the existing topography. Furthermore, a
condition of project approval has been added requiring a reduction in grading
quantities. Many specimen trees are proposed for relocation. A single
architectural theme has been used throughout to unify the building elements into
a single integrated design that adequately blends with the surrounding
landscape.
~
File No, 04-359 -19930Sun.""
.
(c) Preserve Native and Heritage Trees. There are no heritage trees on the
property. The proposed project exposes 36 native trees to potential damage
during construction. The applicant is proposing to relocate almost all of the trees
that are in conflict with the proposed design. One tree (#36 - Plum tree)l is
proposed for removal because of its poor condition. The applicant is required to
submit a security deposit to ensure that all trees are protected throughout
construction.
'-'
(d) Minimize perception of excessive bulk. The proposed residence has been
designed to avoid large expanses of a single form. The use of angles and
varying plate heights, combined with a well-selected use of building materials
and colors contribute significantly in reducing bulk and massing. Also, cutting
a portion of the building into the hillside has further minimized the appearance
of bulk and massing.
(e) Compatible bulk and height. Although the home at its maximum height is 26
feet, the varying rooflines would greatly minimize any impacts of the maximum
height of the home. The use of different earth tone materials, accents on the
fas:ade, and garage doors facing the rear property line also adequately minimize
the scale of the proposed home, resulting in an attractive building fas:ades that
will complement the style of the neighborhood.
(I) Current grading and erosion control methods. The proposal would conform to
the City's current grading and erosion control standards as conditioned below in
this Resolution No 07-002.
~
(g) Design policies and techniques. The proposed project conforms to all of the
applicable design policies and techniques in the Residential Design Handbook
in terms of compatible bulk, and avoiding wrreasonable interference with
privacy and views. The home is also designed for energy efficiency because the
main living and entertaining areas along the south and west elevations, and the
structure has been fit into the grade where possible to minimize wall exposure.
Now, THEREFORE, the Planning Commission of the City of Saratoga does
hereby resolve as follows:
Section 1. After careful consideration of the site plan, architectural drawings,
plans and other exhibits submitted in connection with this matter, the application by
Oak Creek LLC (Mr. and Mrs. Byrd) for Design Review approval is hereby granted
subject fmal annexation approval by the Saratoga City Council and subject to the
following conditions:
...,,)
I All trees are numbered on sheet L 4.1 of Exhibit A
2
File No. 04~ 359 -19930Sunset Lffive
..........
COMMUNITY DEVELOPMENT
The development shall be located and constructed as shown on Exhibit "A", date
stamped July 5, 2006. Conditions outlined below shall be incorporated into the final
plans.
1. A deed restriction must be recorded with the County Recorder of Deeds, which
limits rental of the second dwelling unit to low or moderate-income households.
This restriction must be recorded prior to final occupancy permit.
2. Grading quantities for the yard work shall be reduced such that such quantities do
not exceed 1,000 cubic yards of cut and fill combined.
3. Four sets of complete construction plans incorporating required revisions and the
Resolution for application #04-359 and the Arborist Reports on a separate plan page
shall be submitted to the Building Division.
4. Pest resistant landscaping plants shall be considered for use throughout the landscaped
area, especially along any hardscaped area.
"-'
5. Plant materials selected shall be appropriate to site specific characteristics such as soil
type, topography, climate, amount and timing of sunlight, prevailing winds, rainfall,
air movement, patterns of land use, ecological consistency and plant interactions to
ensure successful establishment.
6. Existing native trees, shrubs, and ground cover shall be retained and incorporated into
the landscape plan to the maximum extent possible.
7. Proper maintenance of landscaping, with minimal pesticide use, shall be the
responsibility of the property owner.
8. A utility plan, including the location and trenching for the fire hydrant and other
utilities shall be submitted with the construction drawings for the arborist to review
in terms of impact on adjacent trees.
9. The existing chain link fencing along the front and west side properties shall be
removed. Any existing barbed wire shall also be removed. All proposed fencing
shall be consistent with the provisions of Article 15-29 of the City Code.
10. The perpendicular parking area shown immediately to the west of the driveway
entrance shall be deleted, and shall not be included in the building permit plan set.
1 1. All proposed screening trees proposed along the southern property line shall be
evergreen specIes.
'--'
3
~
---..
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Saratoga Planning Commission Minutes for July 12, 2006
Page 18
Mr. Gary Kohlsat, Project Architect:
. Provided an updated color rendering.
. Said that the design is fairly rustic looking. It is low key and has a country feel. No
white trim is used but rather darker, more muted and blended colors are proposed that
go well with the natural environment.
. Said that they have met with the neighbors. Two neighbors requested extra tree
screening. They have complied with that request and have shown their amended
plans to those neighbors.
. Explained that they are trying to plant these trees early in the process so they can
begin to become established. The neighbors have agreed to water the young trees
until the site is fully developed.
. Said that this home consists of a single-story. It is lower and not too visible from the
street or from the neighbors' homes.
. Assured that neighbor privacy was respected while this house still holds its own in this
neighborhood of large homes.
. Explained that a 3,000 square foot house would not Ipok right in this neighborhood.
. Reported that passive solar features would be incorporated and high quality materials
used. They are exceeding State Code as it relates to energy efficiency. They have
gone above and beyond design standards.
. Stated that he is proud to present this proposal to the Planning Commission tonight.
Chair Rodgers closed the Public Hearing for Agenda Item NO.2.
Commissioner Nagpal said that this is a wonderful street and it is nice to see a house
being built on this lot.
Commissioner Kundtz said that this is a great project and neighborhood.
Chair Rodgers stressed the importance of following the Arborist's recommendations.
Motion:
Upon motion of Commissioner Nagpal, seconded by Commissioner
Kundtz, the Planning Commission adopted a Resolution granting Design
Review Approval (Application #06-311) to allow the construction of a new
single-family dwelling on property located at 16150 Cuvilly Way, by the
following roll call vote:
AYES: Hlava, Kundtz, Nagpal, Rodgers
NOES: None
ABSENT: Cappello, Hunter and Zhao
ABSTAIN: None
***
PUBLIC HEARING - ITEM NO.3
APPLICATION #04-359 (510-26-001) BYRD. 19930 Sunset Drive: The applicant requests
Design Review Approval to construct a new single-family dwelling on a currently vacant lot.
Saratoga Planning Commission Minutes for July 12, 2006
Page 1 9
The dwelling will consist of approximately 5,574 square feet, in addition to an approximately
5,181 square foot basement and a 728 square foot detached second dwelling unit. The V
maximum height of the home will be 26 feet. The site is currently located in Santa Clara
County within the City of Saratoga sphere of influence and in the Hillside Residential (HR)
prezone. A request to initiate annexation of this approximately 86,153 gross square foot
parcel to the City was approved by the Saratoga City Council on June 7, 2006. (Lata
Vasudevan)
Associate Planner Lata Vasudevan presented the staff report as follows:
o Advised that the applicant is seeking Design Review Approval to allow a new residence.
. Explained that this property is currently in County jurisdiction but is proposed for
annexation into Saratoga. This Design Review Approval would be contingent on final
annexation.
o Said that the property is pre-zoned HR (Hillside Residential). On June yth, Council
adopted a Resolution initiating annexation of this property. The final hearing on
annexation will occur in the future.
o Described the architectural style as Santa Barbara. The basement is day lighted to the
west. Code allows a basement to be a daylight basement to one side.
o Reported that this applicant is seeking a 10 percent coverage bonus and will record a deed
restriction for the detached second unit as a BMR (below market rate) unit.
o Said that neighbor input has been received including several comment letters from the
owners to the south. Those letters were attached to the report.
o Added that the Byrd's attorney has prepared an itemized response. -...J
o Said that copies of all letters have been provided as well as additional 11 x 17 drawings. .
. Said that to exceed grading beyond the 1,000 cubic yards allowed in the Hillside
Residential zoning district, the Planning Commission would have to make findings to
support it. Staff has drafted a condition requiring that 1,000 cubic yards or less be cut,
excluding the basement excavation.
o Said that an Arborist would monitor the trees on site during construction. One tree is
proposed for removal and another for relocation.
o Said that allowed fencing is limited in the Hillside district and that the existing chain link
and barbed wire fencing on this property will be removed.
o Said that the findings can be made that this home conforms to policies and is compatible
with the neighborhood. Privacy impacts are minimized.
o Said that the project is Categorically Exempt under CEQA.
o Stated that this home is replacing a previous residence that existed on the site but has
since been demolished.
o Reported that a Biologist's review has occurred and the determination was made that there
would be no impacts to Wildcat Creek.
o Recommended approval with the addition of a condition for a Storm Water Management
Plan.
Chair Rodgers opened the Public Hearing for Agenda Item NO.3.
Mr. Bill Mastin, Project Architect:
o Distributed a color rendering to the Commission.
.,)
Saratoga Planning Commission Minutes for July 12, 2006
Page 20
'-', . Thanked the Commission for its site visit.
o Said that they have worked with Planning staff, the site and the neighbors.
. Outlined neighbor concerns as conforming to construction hours and limiting
construction parking on the roadway.
o Said that substantial grading has been proposed around the garage to minimize the
impacts of this garage on the Gibersons.
o Said that the closest point between this new house and the Giberson house is 87 feet.
o Said that the overall design took into consideration the trees and neighbor concerns.
o Endorsed the staff recommendations as written including the requirement for a Storm
Water Management Plan.
Chair Rodgers said that while it may be 87 feet to the Giberson house what is the
distance to their yard.
Mr. Bill Mastin replied 35 feet.
Chair Rodgers asked about wood burning fireplaces.
Mr. Bill Mastin said that they are both gas and wood burning.
Chair Rodgers explained that City Ordinance would limit them to just one wood-burning
fireplace.
.-
Mr. Bill Mastin said they would comply with that restriction.
Mr. Alan Giberson:
o Said that they have several concerns.
. Said that there are 85 feet between the proposed house and his home.
o Advised that he would be glad to be annexed into Saratoga.
"'.-.
Ms. Meg Giberson:
. Explained that they are the closest neighbors to the project while other neighbors are
about 330 feet away.
o Advised that they welcome the Byrds as neighbors.
o Said that there is a 35-foot setback on her property, which is a side, yard and that
meets Saratoga requirements.
. Reported that there have been conflicting grading allowance numbers and that
proposed export amounts are considerable, which will result in a lot of truck traffic.
. Said that there is also an air impact.
o Added that there are problems with runoff that have not yet been addressed.
. Suggested that project approval be withheld until the approval of a Storm Water
Runoff Plan.
o Said that the project results in privacy, solar and screening impacts.
o Advised that she did not find anywhere in the Saratoga Code where there is an
exemption for basement grading against the total grading allowed.
. Said that approval should be withheld until the confusion over grading is resolved.
~
Saratoga Planning Commission Minutes for July 12, 2006
Page 21
. Listed concerns as grading, setbacks, runoff drainage and overflow that runs onto their
property and will impact Wildcat Creek.
. Asked for an added condition that would prohibit any night lighting of any sports court
on this property.
. Asked that trucks be forced to shut off their engines when on site.
Commissioner Nagpal asked staff to clarify the basement excavation issue.
City Attorney Jonathan Wittwer explained that the UBC (Uniform Building Code) includes
grading provisions that exclude counting basement excavation.
Commissioner Nagpal clarified that a residence is exempt under CEQA.
City Attorney Jonathan Wittwer said unless something has been determined to be an
impact. A Biologist's Report was prepared and determined that there is no substantial
impact on Wildcat Creek with this project.
Commissioner Nagpal asked if the Storm Water Management Plan would result in water
being managed on site.
Planner Lata Vasudevan replied correct. That is a standard requirement.
Chair Rodgers asked if the Gibersons might be concerned about water crossing over an '\
easement area. -!
Ms. Meg Giberson asked the City Attorney to provide the cite from the UBC that refers to
an exemption of basement excavation.
City Attorney Jonathan Wittwer said that it is in the California Building Code, Chapter 33.
Section 3306.2. The City has adopted that provision by reference.
Ms. Meg Giberson said that this provision is after construction but this is only in the
Design Review stage right now.
Commissioner Kundtz asked Ms. Meg Giberson to elaborate on the privacy issues.
Ms. Meg Giberson said it relates to setback.
Commissioner Kundtz asked if Ms. Giberson is objecting to proximity as opposed to visual
impacts.
Ms. Meg Giberson said she would have less of a concern if the 50-foot setback standard
were met.
Commissioner Nagpal reported that the setback is 50 feet.
-J
Saratoga Planning Commission Minutes for July 12, 2006
Page 22
Ms. Meg Giberson disagreed saying that this is a vacant lot so the required setback is 60
'"-" feet.
Mr. Alan Giberson said that the 60-foot setback should be met as this is a 240-foot deep
vacant lot. Rotating the garage would satisfy that.
Ms. Jolie Houston, Attorney for the Byrds:
o Reiterated that the Biologist Report on the stream impacts verifies that there are no
impacts.
o Added that there is no other evidence to support anything that prevents this project
from being treated as Categorically Exempt under CEQA.
o Explained that runoff would be addressed.
o Said that the existing road and driveway would be used to access the site.
o Assured that this project would retain water on site.
o Said that the issue of noise from trucks is not one that is covered under CEQA review
but rather by a Noise Ordinance.
o Corrected that this is not a vacant lot. Therefore, it comes under the guidelines that
allow a 50-foot setback.
o Said that the basement definition allows an exemption from grading.
o Advised that the garage cannot be rotated due to the need to preserve a grove of
Redwood trees.
Ms. Jitka Cymbal, Civil Engineer for Project:
----
o
o
o
.
o
.
Clarified that there is just one set of grading and drainage numbers for this project.
Stated that raising the house a few inches and reducing the grading of the back yard
could reduce the project grading required.
Said that drainage is handled three ways. Roof runoff will be directed into a dissipater
and discharged into the landscaping. There will be a bio swale. Additionally, a 200-
foot long dissipater will lead into the bio swale and allow for percolation.
Pointed out that the previous residence on this property had no provision for storm
water retention at all. This project will be much better than what existed previously.
Assured that they would be looking at the geotechnical report to address any
concerns.
Reiterated that they are trying not to concentrate water but rather percolate on site.
Mr. Lester Sachs:
. Said that he owns a property across the street on Sunset.
o Said that he has reviewed the plans and his primary concern was the possibility of a
second access to this lot from Sunset.
. Added that other concerns are primarily construction impacts such as the location of
the temporary construction trailer, the location of the portable toilet and that trade
parking be on site rather than on the street. Additionally, there is the question of street
repairs after construction.
o Stated that he would like to see the deed restriction on the second dwelling unit before
......... it is recorded.
. Said that he has lived in Saratoga for 40 years.
Saratoga Planning Commission Minutes for July 12, 2006
Page 23
. Advised that the Project Architect has offered to have the centerline of Sunset marked.
. Explained that he has seen the plans and thinks this looks like a beautiful home. l..-
. Welcomed Mr. and Mrs. Byrd to the neighborhood.
Mr. Doug Ralston:
. Said he lives next door to Mr. Sachs.
. Said that this proposed home is not visible from his property.
. Advised that the Byrds have accommodated neighbor requests.
. Stated that he is okay with this project.
Mr. Bill Mastin, Project Architect:
. Explained that they have given their best effort in cooperating with the neighbors.
. Said that letters of endorsement from five other neighbors have been provided.
. Stressed that they have gone to great lengths to meet the Gibersons' concerns and
met with them three times.
. Said that they will mitigate any privacy concerns.
. Stated that they look forward to approval and that he is available for any questions
from the Commission. '
. Reported that Mr. Giberson verbally endorsed the suggested raising of the garage
level by six inches a few minutes ago.
Chair Rodgers closed the Public Hearing for Agenda Item NO.3.
-I
Commissioner Nagpal asked staff to clarify for the Commission the issue between a 50
and 60-foot setback.
City Attorney Jonathan Wittwer:
. Said that a 60-foot setback requirement is for vacant lots and lots created after May
15,1992.
. Stated that staff has made the determination that this is not a vacant lot but rather a
developed lot with a demolished structure. The conclusion was that the 50-foot
setback standard was appropriate here.
Commissioner Kundtz said that this site shows respect for the Gibersons' sensibilities.
The applicant has made a great effort to accommodate them. It is not reasonable to ask
the Byrds to do more. He recommended approval.
Chair Rodgers asked Commissioner Kundtz if he is okay with the 50-foot setback.
Commissioner Kundtz replied that he was.
Commissioner Nagpal concurred. She added that this is a sensitive and beautiful design.
With the Storm Water Management Plan and the meeting of the maximum grading
allowance, she can support this project.
,..,)
Saratoga Planning Commission Minutes for July 12, 2006
Page 24
Commissioner Hlava said she has no problem making the required findings. She is okay
"-- with the grading and finds this proposed house to be beautiful.
Chair Rodgers agreed with staff on the findings but cautioned that the grading limit of a
maximum 1 ,000 cubic yards of cut must be met.
Director John Livingstone suggested that since we don't have the grading plan tonight the
motion should include a statement that the grading must be reduced by raising the garage
area by an additional six inches and leave the rest of the grading plan to be worked out
between the applicant and staff
Planner Lata Vasudevan clarified that not just the garage area but also the whole house
would need to be raised by six inches.
City Attorney Jonathan Wittwer said that it is preferable to use the Resolution on
Condition NO.2 to have the applicant work with the Director on the grading.
Chair Rodgers asked about amending Finding F.
City Attorney Jonathan Wittwer suggested adding the words "as conditioned" to the end of
that finding.
--
Chair Rodgers said that Condition 10 would be the required Storm Water Management
Plan and reminded that the chain link fencing removal is also important.
Commissioner Nagpal asked about the issue of tree screening.
Planner Lata Vasudevan said that three trees proposed are not evergreen and the
neighbors prefer that evergreen trees be used.
Chair Rodgers asked if the secondary access originally considered to Sunset has been
removed from the plan.
Mr. Bill Mastin, Project Architect, said that the parking spaces of concern to Mr. Sachs
were on a previous submittal and has been removed.
Chair Rodgers said that the setback appears to be sufficient. She said that this is a
beautiful design that steps down the hill and is consistent with the Hillside District.
Mr. Lester Sachs said that the parking on Sunset is still depicted but that Architect Bill
Mastin has assured him that this parking along Sunset would be removed.
Chair Rodgers suggested that Condition 11 be added to read that no perpendicular
parking for this project would be included on Sunset.
-......
Motion:
Upon motion of Commissioner Hlava, seconded by Commissioner Nagpal,
the Planning Commission adopted a Resolution granting Design Review
Saratoga Planning Commission Minutes for July 12, 2006
Page 25
Approval (Application #04-359) to construct a new single-family dwelling
on property located at 19930 Sunset Drive (currently in County jurisdiction "-'
but pending annexation into City of Saratoga), with the following changes:
. Adding the text, "as conditioned," to the end of Finding F as well as to
one of the Whereas clauses on the Resolution;
. Adding Condition No. 11 to require the preparation of a Storm Water
Management Plan;
. Adding Condition No. 12 that removes any perpendicular parking along
Sunset;
. Increasing the height by six inches to reduce the site grading required;
. Conditioning that the landscaping screening for the Gibersons be
evergreen;
by the following roll call vote:
AYES: Hlava, Kundtz, Nagpal, Rodgers
NOES: None
ABSENT: Cappello, Hunter and Zhao
ABSTAIN: None
***
PUBLIC HEARING - ITEM NO.4
APPLICATION #06-404 (517-09-043. 517-09-018. 517-09-044) Come rica Bank
(tenant)IHiekali (property owner) - 14410 BiQ Basin Way: The applicant requests a .--.."J
Conditional Use Permit to establish a financial institution (bank) with an ATM in an existing
approximately 5,249 square foot vacant tenant space in the newly remodeled Corinthian
Corners commercial complex. The bank will face Big Basin Way, abutting Starbucks Coffee
Shop, with entrances from Big Basin Way as well as the side parking lot facing Saratoga-Los
Gatos Road. The net lot size is 16,180 square feet and the site is zoned CH-1. (Therese
Schmidt)
Chair Rodgers advised that the applicant has withdrawn this item.
***
PUBLIC HEARING - ITEM NO.5
APPLICATION #06-218 (503.81-005) GREEN. 13000 Paramount Court: The applicant
requests Design Review Approval to demolish a two-story single-family residence and
accessory structure and construct a two-story residence with an attached two-car garage and
carport. The total floor area of the proposed residence will be approximately 5,715 square
feet including the attached garage and carport. The maximum height of the proposed
residence will not be higher than 26 feet. The net lot size is 36,873 square feet and the site is
zoned R-1-40,000. (Therese Schmidt)
Director John Livingstone presented the staff report as follows:
-..I
AFFIDAVIT OF MAILING NOTICES
'-'
I, Denise Kaspar
, being duly sworn, deposes and says: that I am a citizen of the
United States, over the age of 18 years; that acting for the City of Saratoga Planning
Commission on the 18th day of August, 2006, that I deposited 36 notices in
the United Srates Post Office, a NOTICE OF HEARING, a copy of which is attached
hereto, with postage thereon prepaid, addressed to the following persons at the
addresses shown, to-wit:
(See list attached hereto and made part hereof)
that said persons are the owners of said property who 'are entitled to a Notice of Hearing
pursuant to Section IS-4 S.060(b) of the Zoning Ordinance of the City of Saratoga in that
said persons and their addresses are those shown on the most recent equalized roll of the
.~
Assessor of the County of Santa Clara as being owners of property within 500 feet of the
property described as: APN: 510-26-001 - 19930 Sunset Drive; that on said day there
was regular communication by United States Mail to the addresses shown above.
n i'
i1l 11..It?c-1;/~1
De11ise Kaspar /
Advanced Listing Services
.J
'-....
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the City Clerk of the Saratoga City Council, State of
California, has set Wednesday, the 6th day of September 2006, at 7:00 p.m. in the City
Council Chambers at 13777 Fruitvale Avenue, Saratoga, California, as the time and place
for a public hearing on:
APPLICATION #07-040 - APPEAL OF APPLICATION #04-359 (510-26-001)
BYRD, 19930 Sunset Drive; - The appellants, Alan and Meg Giberson of 15561 Glen
Una Drive in Los Gatos, have filed an appeal of City of Saratoga Planning Commission's
Design Review approval of application #04-359 granted on July 12, 2006. Design
Review approval was granted by the Planning Commission to construct a new single-
family dwelling on a currently vacant lot. The dwelling will consist of approximately
5,574 square feet, in addition to an approximately 5,181 square feet basement and an
approximately 728 square feet detached second dwelling unit. The maximum height of
the home will be 26 feet. The site is currently located' in Santa Clara County within the
City of Saratoga's sphere of influence and in the Hillside Residential [HR] prezone. A
request to initiate annexation of this approximately 86,153 (gross) square foot parcel to
the City was approved by the Saratoga City Council on June 7, 2006.
........
This notice has been sent to all owners of property within 500 feet of the project that is the
subject of this notice. The City uses the official roll produced by the County Assessor's
office annually, in preparing its notice mailing lists. In some cases, out-of -date information
or difficulties with the U.S. Postal Service may result in notices not being delivered to all
residents potentially affected by a project. If you believe that your neighbors would be
interested in the project described in this notice, we encourage you to provide them with a
copy of this notice. This will ensure that everyone in your Community has as much
information as possible concerning this project. In order for information to be included in
the City Council's information packets, written communications should be filed on or before
the Tuesday, a week before the meeting.
All interested persons may appear and be heard at the above time and place. If you
challenge the subject projects in court, you may be lirnited to raising only those issues you
or someone else raised at the public hearing described in this notice or in written
correspondence delivered to the City Council at, or prior to, the public hearing. A copy of
any material provided to the City Council on the above hearings is on file at the Office of
the Saratoga City Clerk at 13777 Fruitvale Avenue, Saratoga. Questions may be addressed
to the City Clerk, (408) 868- 1 269.
Is/Cathleen Boyer, CMC
City Clerk
PUB: 08/23/06
~
AUGUST 18, 2006
300' OWNERSHIP LISTING
300' OCCUPANT LISTING
PREPARED FOR:
510-26-001
OAK CREEK PARTNERS LLC
19930 SUNSET DRIVE
SARA TOGA, CA 95070
510.02-004
KAY S & DOUGLAS RALSTON
8R CURRENT OWNER
19905 SUNSET DR
SARATOGA CA 95070-6438
510-02-013
THOMAS J ALBANESE
OR CURRENT OWNER
15435 PEPPERLN
SARA TOGA CA 95070-6426
510,02-015
\!ORMAN KEISER
8R CURRENT OWNER
15400 HUME DR
SARATOGA CA 95070-6418
510-02-017
MARION C & JOHN CONNOLLY
OR CURRENT OWNER
15405 HUME DR
SARATOGA CA 95070-6416
510-02-019
WALLACE & SYLVIA TSANG
JR CURRENT OWNER
15449 HUME DR
SARATOGA CA 95070-6416
510-02-024
LESTER G SACHS
OR CURRENT OWNER
19941 SUNSET DR
SARATOGA CA 95070-6438
510-26-001
JAK CREEK PARTNERS LLC
14858 GYPSY HILL RD
SARATOGA CA 95070-6151
510-26-002
RANDAL R KERBY
OR CURRENT OWNER
19910 SUNSET DR
LOS GATOS CA 95030-2933
; 1 0-26-004
".LICE C HUMBERT
JR CURRENT OWNER
15555 GLEN UNA DR
~OS GATOS CA 95030-2922
510-26-005
ALAN G & MARGARET GIBERSON
OR CURRENT OWNER
15561 GLEN UNA DR
LOS GATOS CA 95030-2922
; 1 0-26-007
~ESLIE F JOHNSON
JR CURRENT OWNER
15581 GLEN UNA DR
~OS GA TOS CA 95030-2922
510-26-009
MARY KAWAHARA
OR CURRENT OWNER
15748 PEACH HILL RD
LOS GA TOS CA 95030-2926
; 1 0-26-041
.'lEI-CHIAO & MI-F ANG KU
)R CURRENT OWNER
15631 GLEN UNA DR
~OS GA TOS CA 95030-2908
510-26-070
LAWRENCE A & RUTH ROSS
OR CURRENT OWNER
15540 GLEN UNA DR
LOS GATOS CA 95030-2936
;)0-26-073
3RUCE A & JULIA BLACK
)R CURRENT OWNER
5651 GLEN UNA DR
"OS GA TOS CA 95030-2908
510-26-076
JOHN A & EDNA HERMAN
OR CURRENT OWNER
15621 GLEN UNA DR
LOS GATOS CA 95030-2908
L.
510-02-014
DONALD J & JOANNE PROLO
OR CURRENT OWNER
19841 GLEN UNA DR
SARATOGA CA 95070-6414
510-02-018
ROBERT W & DEBORAH WALT
OR CURRENT OWNER
15427 HUME DR
SARA TOGA CA 95070-6416
510-02-025
CHAIHO & T AEOCK KIM
OR CURRENT OWNER
19977 SUNSET DR
SARATOGA CA 95070-6438
510-26-003
WANG OF WU 2006
OR CURRENT OWNER
15521 GLEN UNA DR
LOS GATOS CA 95030-2922
'\.,.,I
510-26-006
MARK D & CATHERINE WILSON
OR CURRENT OWNER
15567 GLEN UNA DR
LOS GATOS CA 95030-2922
510-26-029
KENNETH LEVY
OR CURRENT OWNER
19800 GLEN UNA DR
SARATOGA CA 95070-6457
510-26-071
WILLIAM E & BARBARA TINSLEY
OR CURRENT OWNER
15550 GLEN UNA DR
LOS GATOS CA 95030-2936
510-26-082
EVAN 1991
OR CURRENT OWNER
15600 GLEN UNA DR
LOS GA TOS CA 95030-2909
'..J
517-22-071
'BIRK S MC CANDLESS
3945 FREEDOM CIR 1000
,,""'''ITA CLARA CA 95054-1274
'-
517-23-001
YUP AN WEN
OR CURRENT OWNER
15481 PEACH HILL RD
SARATOGA CA 95070-6402
517-22-088
WILLIAM J & BARBARA ELFVING
OR CURRENT OWNER
15451 PEACHHILLRD
SARA TOGA CA 95070-6402
517-23-020
LAZAR & JANELLE BIRENBAUM
OR CURRENT OWNER
20052 SUNSET DR
SARA TOGA CA 95070-6468
517-23-023
MARDI TRUST
OR CURRENT OWNER
15581 PEACH HILL RD
SARATOGA CA 95070-6472
517-23-024
ROBERT M & DONNA GORSKI
OR CURRENT OWNER
15600 PEACH HILL RD
SARATOGA CA 95070-6471
517-23-048
ROBERT T & BElJIA BECKETT
OR CURRENT OWNER
15580 PEACH HILL RD
SARATOGA CA 95070-6471
City of Saratoga
Attn: Lata Vasudevan
13777 Fruitvale Avenue
SARATOGA CA 95070
"'--'
"-'
517-22-111 517-23-021
lQBAL HUSAIN
20140 MENDELSOHN LN
SARATOGA CA 95070-5904
517-23-022
RlCHARD A & DEBRA BELGARD
OR CURRENT OWNER
15571 PEACH HILL RD
SARATOGA CA 95070-6472
517-23-025
WILLIAM MUSSONJi
OR CURRENT OWNER
15590 PEACH HILL RD
SARATOGA CA 95070-6471
SARATOGA CITY COUNCIL
....-'.
~
ORIGINATING DEPT: Community Development CITY MANAGER: 07-..7~
Dave~~ 6
PREPARED BY: John F. Livingstone, AICP, Com. Dev. Dir. DEPT HEAD: . '..1/.
tV
John F. Livinl1stone
September 6, 2006
AGENDA ITEM:
MEETING DATE:
SUBJECT: Appeal of the Community Development Director's decision concerning the paint
color at 19418 Redberry Drive.
RECOMMENDED ACTIONS:
Deny the appeal thereby upholding the administrative decision made by the Community
Development Director.
REPORT SUMMARY:
---
In 2003 the City Council directed staff to notice a public hearing for Council's consideration of the
proposed initiation of annexation proceedings for three Redberry Drive parcels. During the same
time period the appellant had submitted an application to the County of Santa Clara for a new house
that was not contiguous to the City and not within the City of Saratoga review. When the annexation
to the City of Saratoga became imminent, the appellant decided to enter into an agreement with the
City of Saratoga and the neighbors to allow the house to continue through the process with the
County, and have the City of Saratoga responsible for the building permit, grading and tree
protection process (see Attachment #3). The agreement included specifics concerning the color of
the proposed house.
DISCUSSION:
Upon final inspection staff found that primary house color and trim color were not in conformance
with the agreement. The basis for this determination is set forth in section I of the Statement of
Decision provided to the landowner (See Attachment #2). The landowner has appealed staffs
interpretation of the agreement. A copy of the landowner's appeal is included as Attachment #1. No
other information had been provided by the landowner by the deadline for completing this staff
report.
FISCAL IMPACTS:
Staff and City Attorney time on this project are not funded through a deposit account and therefore
will use the General Fund.
,-..
ALTERNATIVE ACTIONS:
As directed by Council.
FOLLOW UP ACTIONS:
As directed by Council.
.........
ADVERTISING, NOTICING AND PUBLIC CONTACT:
This item was noticed in the Saratoga Newspaper and properly posted at City Hall.
ATTACHMENTS:
I. Letter of Appeal
2. Statement of Decision regarding the paint color, window trim color, and landscaping from
the Community Development Director.
3. Agreement between the City of Saratoga, the neighbors and the appellant.
.........
.........
2
. Matteoni
. nO'Laughlin
~Hechtman
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July 14, 2006
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VIA FACSIMILE AND U.S. MAIL - (408) 867-8559
City Clerk
City of Saratoga
13777 Fruitvale Avenue
Saratoga, CA 95707
Re: Appeal of Decision Regarding Paint Color and Window Trim Color
Dear City Clerk:
On behalf of Mr. and Mrs. Navi, the owners of 19418 Redberry Drive, I
hereby appeal the Community Development Director's Statement of Decision dated
June 1, 2006, only regarding Section I of that Decision, "Paint Colors", This appeal is
made timely by that certain Letter Agreement dated June 15, 2006 executed by
counsel for the parties as well as your City Attorney and your Community Development
Director. As your Community Development Director confirmed for me yesterday that
. City offices are closed today, the required filing fee cannol be delivered, but will be
delivered on Monday July 17, 2006, being the first business day upon which the City
is open after the July 15, 2006 filing deadline stated in the June 15, 2006 letter.
The ground for appeal regarding Decision I.A. (Primary House Color) is
. that the Decision is inconsistent with the letter and intent of the ModifyinglAdditional
Conditions (the "Conditions"). Condition 4 requires that the specific primary house
color be "palazetto", The requirement in the first sentence of Condition 4, that all paint
used have a light reflectivity value of 60 or less, demonstrates the over-arching intent
of the parties that the house colors be darker (and hence less reflective) rather than
lighter (and hence more reflective). There is no dispute as to the fact that the paint
used on the walls of the house is "palazetto". However, because the required paint
was applied to a darkened surface, it gives the visible appearance of a shade slightly
1f1848 The Alameda
I San Jose. CA 95126
ph. 408.29.3.4300
, f.' LL\.403.293.4004
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City Clerk
July 14, 2006
Page 2
darker than the palazetto color used. Hence, the Navis' complied with the letter of
Condition 4 by using palazetto on the walls, and with the spirit of Condition 4 in that the
ultimate appearance is slightly darker than palazetto and hence less light reflective. The
Navis respectfully request that the City Council find that existing primary house color
satisfies the requirements of Condition 4.
The Navis also appeal Section LB., regarding "Trim Color", Condition 4 does
not require any particular color to be used for the house trim, but does require that
whatever color paint is used, it must have a light reflectivity value of 60 or less and be
selected from the "Environmental Shades" section of the Kelly Moore color fan. As
acknowledged by Mr. Livingston in his written Decision, the Navis used palazetto paint for
all trim around the house. There is no dispute that palazetlo has a light reflectivity value
of 60 or less and is from the "Environmental Shades" section of the Kelly Moore color fan.
The Conditions were approved by the City, and agreed to be enforced by the City, on July
16,2003, after the County approvals referenced in Mr. Livingston's letter, and therefore
supercede the earlier requirements, as was the intent of the parties to the Conditions. On
this basis, we ask that the City Council find that the existing trim color of the house meets
the requirements of Condition 4,
V~x:A
BARTON G. HECHTMAN
BGH:jg
cc: Mr. and Mrs. Navi
cgTIUJf~ @[f ~~~(Q)@~
13777 FRUITVALE AVENUE' SARATOGA, CALIFORNIA 95070
June 1,2006
COUNCIL MEMBEHS
Aileen Kao
Kathleen King
Norman Kline
Nick Streit
Ann Waltonsmith
Incorporated October 22, 1956
Barton G. Hechtman
Matteoni O'Laughlin & Hechtman
848 The Alameda
San Jose, CA 95126
Joseph Kames
Hoge Fenton Jones & Appel, Inc.
60 South Market Street, Suite 1400
San Jose, CA 95113
Re: Statement of Decision Regarding Paint Color. Window Trim
Color, and Landscaping at 19418 Redberrv Drive
Dear Mr. Hechtman and Mr. Kames,
As you know, there are outstanding issues as to whether the existing house
paint color, window casements, concrete support columns, and landscaping at the 19418
Redberry Drive residence (the "Residence") comply with the Modifying! Additional
Conditions (the "Conditions") attached as Exhibit D to the Preannexation Agreement
entered into by the Residence's owners, neighbors, and the City (the "Agreement"). The
City is holding bonds to secure performance of the Conditions pending resolution of
these issues. This letter serves as a statement of the City's decisions regarding thest~
issues and its determination regarding release of the bonds.
L Paint Colors
A. Primarv House Color
The Conditions specify that the "specific primary house color shall be
Kelly Moore 'palazetto' (KM586-M)." (Conditions at ~ 4.) During a site visit on May
30,2006, I compared the color of the house to the "palazetto" shown on the Kelly Moore
color fan, and determined that the colors do not match. The actual color of the house is
darker than that shown on the color fan,
Barton G. Hechtman
Joseph Kames
May 31, 2006
Page 2
The existing primary house color is not in compliance with the Conditions.
The Conditions state that the "specific primary house color"-i.e" its final appearance--
shall be "palazetto." The actual color of the house is darker than "palazetto." Because
the primary house color does not satisfy this condition, the color must be corrected before
this portion of the painting performance bond may be released,
B, Trim Color
Under the Agreement, the Residence remains subject to Final Conditions
of Approval issued by Santa Clara County in July, 2003 (the "County Approvals"),
except where the County Approvals conflict with the Conditions. (Agreement, Ex, D
[Preamble to Conditions].) The City is responsible under the Agreement for enforcing
the Conditions, including all County Approvals that do not conflict with the Conditions.
(See Agreement at 3 [~ 2].)
The County Approvals included building site approval, grading permit
approval, and design review. (Agreement, Ex. D [Preamble to Conditions].) As part of
its design review, the County approved the use of "Cafe Kahlua" (KM588-D) as the
"under eave" color. (County Approvals, Ex. A [File No. 8616-25-54-03DR].) Sometime
thereafter, the Residence's owners instructed their painting contractor to use "Cafe
Kahlua" as the "trim" color rather than the "under eave" color. (Letter from B.
Hechtman to J, Livingstone Re: Navi Residence; 19418 Redberry Drive, at 2 [Nov. 30,
2005]; see also Letter from B. Hechtman to J. Livingstone Re: Navi Residence; 19418
Redberry Drive, at 2 [Dec. 20,2005].) The paint color actually used for all exterior trim,
however, was "palazetto." (See Letter from B. Hechtman to J. Livingstone Re: Navi
Residence; 19418 Redberry Drive, at 2 [Feb. 15,2006]; see also Letter from J. Kames to
J. Livingstone Re: 19418 Redberry Drive, at 3 [Dec. 12,2005].) During a site visit on
May 30,2006 I confirmed that the color of the trim is "palazetto" and not "Cafe Kahlua."
The County Approvals require that "Cafe Kahlua" be used as the under
eave color. "Cafe Kahlua" complies with the Conditions in that it has a light reflectivity
value betow 60 and is drawn from the "environmental shades" portion of the Kelly
Moore color fan. (Conditions at ~ 4; Letter from B. Hechtman to J. Livingstone Re: Navi
Residence; 19418 Redberry Drive, at Ex. E [Nov. 30, 2005] [attaching letter from
painting contractor].) The City must enforce this aspect of the County Approvals because
there is no conflict with the Conditions, (Agreement at 3 [~2],) The under eave areas of
the Residence must be repainted "Cafe Kahlua" before this portion of the painting
performance bond may be released.
II. Window Casements and Concrete Columns
The Conditions require that "all paint used on the house" have a light
reflectivity value of 60 or less and be drawn from the "Environmental Shades" portion of
.
,
Barton G. Hechtman
Joseph Kames
May 31,2006
Page 3
the Kelly Moore color fan. (Conditions at ~ 4 [emphasis added].) Window casements
installed at the Residence have a white resin coating integral to their functioning. TIle
concrete support columns used in construction of the house are unpainted.
This white resin coating is not "paint" within the meaning of the
Conditions. The coating was not applied by the Residence's owners. Moreover, both the
Conditions and the plans for the Residence specify paint colors for other aspects of the
project. For example, the Conditions specify a particular primary house color, and the
County Approvals require "Cafe Kahlua" on other parts ofthe.house, but neither the
Conditions nor the plans specifically address the color of the window casements.
Therefore, the City has concluded that the window casements installed at the Residence
do not violate the Conditions.
Similarly, neither the Conditions nor the County Approvals address the
color of concrete columns, (See Conditions at ~ 4; County Approvals, Ex. A.) The
unpainted columns are not addressed by, and therefore are not subj ect to, these
restrictions. Accordingly, this portion of the painting performance bond may be relf:ased.
III. Landscaping
The Conditions vest authority in Barrie Coate, as the City's consulting
arborist, to make landscaping recommendations. (Conditions at ~~ l,a., 6.) The
Residence's owners, in turn, must follow these recommendations. (Conditions at ~ 6.)
Mr. Coate reviewed the landscaping plans prepared by the Residence's owners and by his
signature confirmed that the plans were consistent with his recommendations.
Landscaping at the Residence is in compliance with the Conditions. By
reviewing and signing the landscaping plans, Mr. Coate certified that the Residence"s
owners had followed his recommendations. This satisfies the Conditions. The
Conditions do not authorize the City to exercise discretion with respect to the adequacy
of Mr. Coate's recommendations.
The City recently received a letter from Mr. Coate containing an alternate
recommendation for planting along the south margin of the property. Mr. Coate offered
Pittosporum tenuifolium, which forms a dense hedge 8-10 feet tall, as an alternative to the
existing Prunus caroliniana compacta, which can reach 10-12 feet tall and "remains
densely covered with foliage to the ground." (Letter from B, Coate to J. Livingstone Re:
Navi Property, Redberry Drive, Saratoga, at 2 [May 10, 2006J.) Because Mr. Coate's
alternative suggestion provides substantially the same level of screening as the vegetation
currently in place, Mr. Coate's letter does not warrant a change in the landscaping plan,
I have inspected the site and have determined that the landscaping that has
been performed complies with the landscaping plans signed by Mr. Coate. The one
Barton G. Hechtman
Joseph Kames
May 31,2006
Page 4
acknowledged deviation from the landscaping plans-using fifteen-gallon rather than
five-gallon shrubs along the southeastern border of the property-provides an
improvement in screening effectiveness. It is my opinion that the existing landscaping
both complies with Mr. Coate's recommendations and provides effective screening.
Accordingly, the landscape plan is in compliance with both the letter and the intent ofthe
Conditions, and this portion of the performance bond may be released.
IV. Appeal Procedure
This decision will take effect 15 days from the date of this letter unless
appealed, As previously confirmed by all parties, this decision may be appealed to the
City Council under Article 2.05 of the Saratoga Municipal Code. Such an appeal may be
initiated by filing with the City Clerk a notice of appeal "clearly identifying the
determination or decision from which the appeal is taken and stating the grounds for the
appeal." (Saratoga Municipal Code ~ 2-05.030(a).) The appellant must file notice within
15 days after the date on which the determination is rendered (i.e., the date of this letter),
and the notice of appeal must be accompanied by the appropriate filing fee. A City
Council Appeal Application containing filing fee information is available at
http://www.saratoga.ca.us/form.htrn.
Thank you very much for your attention in this matter.
;;14
John Livingstone
Community Development Director
City of Saratoga
Cc: Ms. Wanda Kownacki
Mr, Bahram Navi
.
.
NA VIIT ABA T ABAEI / HEPBURNI HOL TON/KOWNACKI
PREANNEXATION AGREEMENT
THIS PREANNEXATION AGREEMENT ("Agreement") is made and
entered into this __day of ________, 2003 by and between the CITY OF
SARATOGA ("City"), a municipal corporation of the State of California, Bahram
Navi and Maryam Tabatabaei (collectively "the Navi/Tabatabaeis"), Peter D,
Hepburn and Terre L. Hepburn (collectively "the Hepburns") and John Holton
and Wanda Kownacki (collectively "the Holton/Kownackis"). The
Navi/Tabatabaeis, the Hepburns and the Holton/Kownackis are collectivE)ly
referred to herein as "the Owners" and the Owners and City are collectively
referred to herein as "the Parties,"
RECITALS
A. WHEREAS, the NavilTabatabaeis are the owners of a certain parcel of real
property located in the County of Santa Clara and more particularly described in Exhibit
A, attached hereto and incorporated herein ("NavilTabatabaei Property");
B. WHEREAS, the Hepburns are the owners of a certain parcel of real property
located in the County of Santa Clara and more particularly described in Exhibit B,
attached hereto and incorporated herein ("Hepburn Property");
C, WHEREAS, the Holton/Kownackis are the owners of a certain parcel of real
property located in the County of Santa Clara and more particularly described in Exhibit
C, attached hereto and incorporated herein ("Holton/Kownacki Property");
0, WHEREAS, the Navi/Tabatabaei Property, Hepburn Property and
Holton/Kownacki Property are each located in Santa Clara County adjacent to the city
limits of Saratoga, are within the Saratoga Sphere of Influence and Urban Service Area
and are each developed with a single family dwelling;
E. WHEREAS, on February 14, 2003, the NavilTabatabaeis applied to the County
of Santa Clara for the following three approvals necessary to demolish the existing
residence and to construct a new residence on the Navi/Tabatabaei Property: 1) a
grading permit; 2) building site approval; and 3) design review approval (the
"NavilTabatabaei Application");
F, WHEREAS, in May, 2003, the Hepburns, the Holton/Kownackis and another
family, the Fennells, submitted a letter applying to the City for annexation of their
properties to the City of Saratoga;
G. WHEREAS, on May 23, 2003, the Saratoga City Council directed staff to initiate
the annexation of four parcels along Redberry Drive owned by the Hepburns, the
NavilTabatabaeis, the Holton/Kownackis and the Fennells,
02810 tO02: #3707 v6 - Pre Annexation Agreement
.
.
H. WHEREAS, on June 182003, the Saratoga City Council accepted the withdrawal
of the Fennell Property from the annexation request and adopted a resolution stating its
intention to consider annexation of the Hepburn Property, the Holton/Kownacki Property
and the NaviITabatabaei Property (collectively "Annexation Properties") and directing
staff to notify the Owners and residents of the Annexation Properties of a public hearing
on July 16, 2003 to consider whether to formally initiate proceedings to annex the
Annexation Properties into the City of Saratoga;
I. WHEREAS, on July 1,2003, the Santa Clara County Zoning Administrator
conditionally approved the NaviITabatabaei Application by conditionally approving the
applications for a grading permit, building site and design review ("County Approvals");
J. WHEREAS, NaviITabatabaeis are willing to agree to modification of the County
Approvals to include a number of modified and additional conditions, attached hereto as
Exhibit D (the "Modifying/Additional Conditions");
K, WHEREAS, as provided herein, the Parties intend and agree that the Annexation
Properties be annexed to the City;
L. WHEREAS, annexation of the Annexation Properties to the City in accordance
with the terms of this Agreement will result in rational comprehensive planning and
foster predictability, certainty, economy and efficiency in future land use planning and
will establish a permanent and definable border between the City and the County of
Santa Clara in furtherance of State, County and City policies and consistent with West
Valley Hillsides Preservation Strategies, Strategy #2, Action 1 and Action 2;
M. WHEREAS, as provided herein, the Parties intend and agree that the City shall
be the entity responsible for issuing, administering, monitoring and enforcing the
grading permit approved as part of the County Approvals and issuing, administering,
monitoring and enforcing a building permit and all other necessary permits and
approvals pursuant to the terms of the County Approvals, as modified and amended by
the Modifying/Additional Conditions (collectively the "Modified Approval"), to allow for
construction of the new residence on the NaviITabatabaei Property;
N. WHEREAS, the purpose of this Agreement is to set forth the City's and Owners'
respective responsibilities in pursuing annexation of the Annexation Properties;
NOW, THEREFORE, in consideration of the foregoing, the Parties hereby agree as
follows:
1. Annexation. Owners and City agree that in order to provide for rational long-term
land use planning and to establish a permanent and definable border between the City
and County of Santa Clara, the Annexation Properties should be annexed to the City.
City agrees to take the steps necessary to achieve annexation of the Annexation
02870 tO02\ #3707 vB - Pre Annexation Agreement 2
.
.
Properties at the soonest possible opportunity, Owners hereby consent to annexation of
the Annexation Properties and agree to support said annexation.
2. Navi lTabatabaei Application. The City agrees to accept the Modified Approval
and to be the entity responsible for issuing, administering, monitoring and enforcing the
grading permit approved as part of the County Approvals and to issue, administer,
monitor and enforce a building permit and all other necessary permits and approvals
pursuant to the terms of the Modified Approval, and the NavilTabatabaeis agree to
accept the Modified Approval and to construct their residence in accordance with the
project set forth in the Modified Approval and to pay all fees and submit all materials
required for the City to issue, administer, monitor and enforce the Modified Approval
and all necessary permits and approvals. The City further agrees to use its best efforts
to expedite processing of all applications submitted by the NavilTabatabaei's for the
Modified Approval and to expedite issuance of all necessary permits and approvals. The
City recognizes that the development described by the Modified Approval may be
inconsistent in certain respects with otherwise applicable City standards set forth in the
City's Zoning Regulations (for example, the height and size of the house) in Chapter 15
of the City Code. Nonetheless, the City agrees to process the development provided
that City buildinq standards set forth in Chapter 16 of the Saratoga City Code that may
not apply to development within the County will apply; for example inclusion of an Early
Warning Alarm System.
3. Survival of Riqhts and Obliqations, The rights and obligations of the Parties as
set forth in this Agreement shall survive annexation of the Annexation Properties to the
City.
4. Termination of Aqreement. This Agreement shall have no further force and effect
and each Party shall be released from the obligations set forth herein in the event that
annexation of the Annexation Properties to the City has not occurred within six (6)
months after the date of execution of this Agreement.
5. Leqal Action. Any party may, in addition to any other rights or remedies herein
provided, institute legal action to cure, correct, or remedy any default, enforce any
covenant or agreement herein, enjoin any threatened or attempted violation hereof,
enforce by specific performance the obligations and rights of the Parties hereto or
obtain any other remedy consistent with this Agreement. In no event shall any Party be
entitled hereunder to monetary damages for any action or inaction of another Party
hereunder, including breach of contract. Nothing in this Section shall be deemed :to limit
any Party's rights under the Tort Claims Act or the City's right to collect fees allowable
and otherwise due and payable or to impose penalties for violations of City ordinances.
6. Attornevs Fees and Costs. If legal action by any party is brought because of a
breach of this Agreement, or to enforce a provision of this Agreement, each party shall
bear their own attorneys fees and costs.
02810 tO021 #3707 v6. Pre Annexation Agreement 3
.
.
7, Controllinq Law. This Agreement shall be construed and enforced in accord with
the laws of the State of California.
8, No Joint Venture or Partnership. The Parties to this Agreement hereby renounce
the existence of any form of joint venture or partnership between any or all of the
Parties and agree that nothing contained herein or in any document executed in
connection herewith shall be construed as making any or all of the Parties joint
venturers or partners, Further, none of the Owners are agents of the City.
9. Cooperation in the Event of Leqal Challenqe,
In the event of any legal or equitable action or other proceeding instituted by a
third party, governmental agency or official challenging the validity of any provision of
this Agreement of the annexation proceedings described herein, the Parties shall
cooperate in defending the action or proceeding.
10, Notices.
All notices or communications required hereunder between the Parties shall be in
writing and may be given either personally or by certified mail, return receipt requested.
The notice shall be deemed to have been given and received on the date delivered in
person or the date upon which the postal authority indicates that the mailing was
delivered to the address of the receiving party. Any Party hereto, by given ten (10) days
written notice to the other, may designate any other address as substitution of the
address to which the notice or communication shall be given. Notices or
communications shall be given to the parties at the addresses set forth below until
specified otherwise in writing.
City of Saratoga
NavilTabatabaeis
The Owners
City Clerk
City of Saratoga
13777 Fruitvale Avenue
Saratoga, CA 95070
Barton Hechtman
Matteoni, Saxe & 0' Laughlin
848 The Alameda
San Jose, CA 95126
Joseph Karnes
Realty Law, LLP
125 S. Market St.
San Jose, CA 95113
Copy to:
Richard S, Taylor
City Attorney
City of Saratoga
Shute Mihaly & Weinberger LLP
396 Hayes Street
San Francisco, CA 94102
11. Miscellaneous.
02810 tO02\ #3707 v6 - Pre Annexation Agreement 4
.
.
a, Successor and Assiqns. The covenants, terms, conditions and restrictions
of this Agreement shall apply to, bind and inure to the benefit of successors in interest
of the Parties hereto, including heirs, assigns, representatives, executors,
administrators and all other parties, whether they succeed by operation of law 01'
voluntary acts of the City or Owners. All such heirs, representatives, successors,
executors, or assigns shall be bound to every provision in this Agreement, whether or
not this Agreement is referred to in the instrument by which such heirs, representatives,
successors, executors, or assigns acquire an interest in Owners' Properties or any
thereof.
b. Parties in Interest. This Agreement is entered only for the benefit of the
Parties executing this Agreement and not for the benefit of any other individual, 13ntity or
person.
c. Amendment of Aqreement. This Agreement may be amended in writing
by the original Parties or their successors in interest.
d. Severabilitv. If any term, provision, covenant or condition of this
Agreement is held by a court of competent jurisdiction to be invalid, void or
unenforceable, the remaining provisions of this Agreement shall continue in full force
an d effect.
e. Chanqe in Law, If a subsequent change occurs in federal or state laws or
the regulations of a federal or state agency which prevents or precludes compliance
with a provision of this Agreement, that provision shall be modified or suspended only to
the extent necessary to comply with the federal or state law or regulation,
f. Enforceabilitv. Unless this Agreement is amended or terminated pursuant
to the provisions of this Agreement, this Agreement shall be enforceable by any Party
hereto notwithstanding any change hereinafter enacted or adopted in any applicable
General Plan or Specific Plan, zoning ordinance, subdivision ordinance or any other
land use or building ordinance.
g. Entire Aqreement. This Agreement, and the conditions referred to herein,
and the exhibits attached hereto, constitute the entire understanding and agreement of
the parties and supersede all negotiations or previous agreement of the parties with
respect to all or party of the subject matter hereof. No alteration or variation of this
instrument shall be valid or binding unless contained in an amendment to this
Agreement.
h. Captions. The captions in this instrument have been inserted solely for
convenience or reference and are not a part of this instrument and shall have no effect
upon construction or interpretation.
02810 tO021 #3707 v6 - Pre Annexation Agreement 5
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.
I Counterparts. This Agreement may be executed in counterparis, each of
which shall be deemed an original, all of which together shall constitute one and the
same instrument and shall be eifective as of the date hereof.
IN WITNESS WHEREOF, the Pariles have caused this Agreement TO be executad by
their respective representatives as follows
CITY OF SARATOGA, CALIFORNIA
a Municipal Corporation
Approved as to Form:
By:
City Attorney
Richard Taylor
City of Saratoga
ATTEST:
City Clerk
By:
Mr. Bahram Navi
Date
Ms. Maryam Tabatabael
Date
Mr. Peter D. Hepburn
Date
Mrs. Terre L. Hepburn
Date
Lu~ \LvlY~~' ?/;!/ct;
Mr. John Holton
Date
Mrs. Wanda Kownacki
Dale
028iO tO02i #3701 v6 - PrE Annexarion Agreement 6
JUL-16-28G3 15:46
Pete & Terre Hepburn
~ERLTY LAW LLP
4083957405
p.2
Jul 15 03 04: 05p
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F',132
I. Counterparts. This Agreement may be executed in counterparts, each of
which shall be deemed an Orlgmal, all of which together shall constitute one and the
same Instrument and shall be ellectlve as of the daie hereol
IN WlTNESS WHEREOF, the PMies have caused this Agreement to be executed by
their ,,')spective representatives as follows:
CITY OF SARATOGA, CALIFORNIA
a Municipal Corporation
Approved as to Form:
By:
City Attomey
Rice-,ard Taylor
City of Saratoga
ATTEST:
City Clerk
By:
Date
Mr. Bahram Navi
~e'~~
Dale
~t/ of!:
Mrs Terre L. He
~h>
Date
Mr. John Holton
Date
Mrs. Wanda Kownacki
Date
C:2610 r()021 #3707 v6 . Pre ~nnffx.won "'grllojm8fH 6
lfSSL;6GSS
Page ~,
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Esc~ow'No, 60q,269-DT
-i-tk Ordor bIo. 05001259
EXHiBIT ONE
FAMCEL NO. i
BEGINNiNG 21 c.i, iron pipe Sf:: on the Southeaste,ly linE G7 RedbEiiy Drive, as scid Ddve was establishs:d by Parcel Two
irl the Deed from James W. Waynej e"l UX, to County of Sant2 ClarE, dcted Mcy 27, 1952 and Recorded November
6, 1952 in Book 2521 of Official Records, pege 98, SantE Clarz CounTy Records 21 the Norrhernmosl corner DT tha1
c-2lccin 1.50 ac-rE trcer of land described in the Deea from Davia" Siedeman, as his separate property to Irving M.
Feldkcmp Sr., et U"X, dated October "13,1954 and Recorded November 19, 195L in Book 3014 of Official Records,
page 67, Sallta Clara CounTy Recoro'.s; trlence f;om said point of beginning Northe2sterly along said -SDut:ieaSterly line
of Redberry DrivE for .th~ thre~ following courses end distances. North 300 06' E;;s,: 4.00 feet to en iron pipe, North
490 49' EaST 90.3'6 feet to an iron bar and North 500 50' E2st 45.99 feeT to an iron pipe set at the \N'esternmost
corner of tha1 certain 1.00 acre tract OT lend described in the Deed from Anne Siedeman Rose, 8t vir to Milburn 0,
Wright, 81 UX, 02ted April 14, i956 and F~ecDrded April 17, 1956 in Book 34-68 of Official Records, page 159, Santa
:=:Iara County Records; thence South 420 36' East 2lang the SouthwesterJy line of said 1.00 acre tr3c1 303.47 teet
to an iron pipe set at the Southernmost comer thereof on the Northwesterly line of that certain 3.39 acre tract of land
described in the Deed f,om Alice Chase Clarke to T.R. Mantes, et UX, dated June i4, 1942 and Recorded June 24,
i 942 in Boor, 1092 of Official Records, page 540, Santa Clara County Reeorcs; thence South 32042' 'A/est along said
last na med line 59.50 feet 10 an iron pipe set at on angle corner therein; thence continuing along said Northwesterly
I'ne of the 3.39 acre tract South 56030' West 80,15 feet to an iron pipe set at the Easternmost cor~ler OT said 1.50
cere tract above referred to; thence North 430 12' 30" West along the Northeasterly line of said 1.50 acre tract
311.30 feE110 the point of beginning.
~.s shown upon thet certain Map entitled, "Record of Survey of the Land of Seymour S. Rose in the RanchD Rincanada
de Los Gatas, Sama Clara Coun!)', California", Which Map was filed for Record in the Office of the f1ecorder of the
County of Sar.t2 CIE.ra, State of Californi2, on May' 9, 1956 in Book 69 of Maps, p-age 44.
PARCEL NO. II:
An easement apPuf1enant to and for the benefit of the above described Parcel One and for the purpose of ingress and
egress and Tor the installation and maintenance of public utilities over c strip of land 16 feet tn width the center line
of which is more panicularly described as follows:
BEGINNING at an iron p_rpe on the Southwesterly line of Bainter Avenue 2S said line was established by the Deed from
Leslie E. Swindell, et ai, to County of Santa Clara dated January 26, 1951 aid Recorded February /,1951 in Book
2138 of Official Hecords, page 249, Santa Clara County Records, distant thereon SDuth 540 48' East i 74.15 feet and
South 470 00' 40~ East 36.19 feet from an iron piPE set at the point aT intersection of the said Southwes'terly line of
Bain:er Avenue with The Southeasterly line of a 50 fOOT easement known as "Redberry Driven as said line was
established by the Deed from James W. \A'ayne, et ux. to R.V. Montgomery, el ai, dated June 7, i 950 and Recorded
June 9,1950 in Book 1995 of Official F\€cords, p2ge 97, Santa Clara County Records, running thence North 670 26'
45~ WeS1 132.25 feet to an iron pipe; thence North 71 004' 4Sn West 56.73 feet to an iron pipe on the Southe2sterly
line of that certain 2.227 acre tract of land described in the Deed from Leslie E. Swindell, et ux, to Albene Hull
nObinsori, dated .July 7,15'51 and Recorded Juiy i8, 1351 in Dook 22Si of Cfficiai necords, page 29~31 Santa Ciara
Coun!)' Hecords; running tllence along sale' last nar.l-f::d line, South 300 15' 45" West 254.65 feet to an iron pipe,
thence South 420 08' .t,. 5 n WesT. 62.32 feet to en iron pipe: thence SOUTh 540 46' 45 n \'\Iest 82.50 feet to an iron pipe
ana South 47004' 45" WesT. 35.67 reel: Ie- an iron pipe at "Che Southernmcst corner of said 2.227 acre trac";: and the
terminus of said easemer,1.
P,L.F{CEL r..Jo. IIi
A ri9ht 07 W2Y for ingress end egress o\!sr ~ suic of land 1'10.00 reEL In \rvidth; the NOilhw8sterly and Nor;:hecsteriy
lines o~ which are morE p2n:icul2riy desc.--ibec' 25 Tollows:
Fee-Clre's, ,oage 295: S 2i1\::3 Ca,c CC"...:n:;' ,~ec::rCls, ',^,..nich is 2 is.:. ::he f',i':J,-c:'-iernmos', cc:,r;-'::I c,-i- ..h~: ,::t'r':Ei:: 3. 2!:: 2C:,'2, t;~c::
07 12,-,d described in rhs D~5C Trom Alic:: Ch2S~ C:ar~::: ::'2 T.'=:. !'.-,'Iante~, et U:::, Gated JU,'-Ie 'I t-, 134.2 2:r.d hee-odeG' .fl'nc
BEGINNiNG E.t the Sou-rhernmDs: C:':Jrr,e, cf Ih':::L Certain 2 227 2e,;; li3ct cf iane:' desc-r:bed in The Deed from Leslie E.
Swinoeli, e: ux, 1-::; )~,Jb-2rtc hull RGDiflson, ,jcl~j ...1uly 7, i951 and Recer-oed ...IL'iy 15, i9=:.j in Book 22~3j of Offic;al
l6E46DS5 Pege::
.
.
24, 1942 in Book 1092 OT Official Re::;ords, page !:,LO, Sant2 CI2r2 County Records; thence along the Northwester!y
line of said 3.39 2cre tract, South 32048' VI/esi. 206..14 feet.' South 560 34' Vves180.25 Teel and North 870 04i E2S-:
39.50 feet to the terminus of soia e::sement.
j;.,S reserved in "(he Deed Trom AlicE: ChC:SE Clerk:: to T.F'.. M.antes, et ux, c'ated June 14, 19.12 2nd Recorcjed June 24,
i 942 irl Book 1092 of Officio! RecOids, page 540, SamE CI3r3 County Records.
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North American Title Company
THE LAND REfERRED TO HEREIN IS SITUATED IN THE STATE or C~Llr-ORNIA,
COUNT.Y Or SANTI\ CLf\R!\, UNINCORt=JDRATED f...REA AND IS OESCP.IBED AS
FOLLOWS:
EEGINNING AT AN IRON PIPE SET ON THE SOUTH\1ESTERLY LINE Of THE
RANCHO RINCONADA DE LOS Cl\!'OS, ,\1 THE WESTERNI'>IOST CORNER OF 'THAT
C.":RTAIN 3..39 ACRE TRACT OF LAND DESCRIBeD IN THe DEED FROl>j ALICE
CHASE CLARKE TO T. R. t1t\NTES, ['I' UX, DATED JUNE U, 19~:2,
RECORDED JUNE 2~, 1~~2 IN BOOK 1092 OF OFfICIAL RECORDS, AT PAGE
5~O, SANTA CLARA COUNTY RECORDS; THENCE LEAVING SAID RANCHO UN[
AND RUNNING ALONG THE NORTH\vESTERLY BOUNDARY LINE OF SAID 3.39
ACRE TRACT fOR THE fOUR FOLLOWING COURSES AND DISTANCES: N. 68c
15' E. 292.08 fEET, TO AN IRON PIPE; S. 870 O~' E. 39.57 fEET TO
AN IRON PIPE SET AT THE TRUE POINT OF BEGINNING Of THIS
DESCRIPTIONi RUNNINC THENCE FROM S~ID TRUE POINT OF BEGINNING, N.
42c 36' W. 303.~7 FEET TO AN IRON PIPE SET ON THE SOUTHEASTERLY
LINE OF REDBERRY DRIVE AS SAID DRIVE IS SHOWN UPON THAT CERTAIN
MAP Of RECORD Of SURVEY HEREINAfTER REfERRED TO; RUNtHNG THENCE
ALONG THE SOUTHEASTERLY LINE Of RED8ERRY DRIVE FOR THE FOLLOWING
COURSES AND DISTANCES: N. 50C 50' E. 29_03 FEET TO AN IRON BAR;
N. 00 Ot1' E. ~0.3'1 rETT TO AN IRON PIPE; N. ~p 10' E. 86.13 fEET
TO ^N IRON PIPE SET AT THE \.JESTCRN~10ST CORNER OF' THAT CERTAIN
2.227 AeGE TRACT or LAND DESCRIEED IN THE DEED fROI>\ LESLIE E.
SWINDELL, ET UY., TO Al.BERT," HULL ROBINSON, Df,TEO JUlY 7, 1951 {,ND
RECORDED JULY 18, 1951 IN BOOK 2251 Of OFfICIAL RECORDS, AT P^CE
296, SANTA CL1\P.A COUNTY RECOP.DS; THENCE Lf.AVING THE 5/\10
SOUTHEASTERLY LINE OF RfD8ERRY DRIVE AND RUNNING ^LONC T~IE
SDUTHI'IESTERLY LINE or SAID 2.227 ACRE TRACT S. ~20 36' E. 303_52
fEET TO ^N I RON rIPE ^T THE SQU'f)lERNl>lQST CORNCR THEREOf, SA I 0
CORNCR ALSO DEINC TilE NORTIIERN~IOST CORNCR Of SAID 3.39 ACP.E TrlACT
HEREINABovE REFERRED TO; RUNNING THENCE ALONG THE NORTH\'lCST[RLY
BOUNDARY LINE Of SAID 3.39 ACRE TRACT S. 320 ~2' w_ 146.7~ fCET
TO THE TRUE POINT Of BEGINNING, At~D BEING 1\ PORTION OF THE
PRHIISES AS SHOI'!N UPON THAT ccr.'1'AIN 1"1AP OF RECORD or SURVEYOr-
LAND Of DAVIS SEIDH1AN, I'IHICH SAID r.jf~p WAS fILED rOR RECORD ON
OCT06ER 5, 1954 IN DOOI< 119 or t.IAr'S, AT PAGE 50, SANTA CLARA
COUNTY RECORDS, IN THE RANCHO P.INCONADA DE LOS CATOS. SURVEYED
H/IRCH 1956 8Y PARI< L. VERNEP., LICENSED LAND SURVEYOR.
TOGETHER I'iIT!! A NON-EXCLUSIVE EAser-IENT fOR TilE PURPOSE OF INGRESS
AND EGRESS AND THE INSTALLATION AND I"AINTENI\NC.c or PUBLIC
UTILITIES OVER A STRIP OF LMW 16.00 FEET IN l,HOTI-I, THE CENTER
LINE Of WHICH IS 1'10RE PARTICULARLY DESCRIBED .l\S FOLLOWS:
8EG'IN~~IN::; l\T :,N rR01'l rIPE 01'.' TilS 50UTmll::STCI1LY LINE Of B,\I~,'TER
AVt:l~UE, 'IS SAID LINE ViAS EST/\F1L!SllED BY THE DCED FRO!'l LESLIC E.
SWINDELL [1' AL, TO COUNTY Of SANTA Ct...ARA, DATED JANUARY 26, 1951,
RECORDED FEGfW!\RY 7, 1951 IN 800K 2138 Of DrFIClp.,L RECORDS, Pi\Cf.
249, SANTA CLARA COUNTY RECORDS, DISTAN~ THEREON SOUTH 5~c ~8'
EAST 17~.15 FEET AND SOUTH ~7o 00' ~O" EAST 35.19 fEET FROM AN
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IRON FIPE SET AT THE POINT OE INTSRSECTION Of THE SAID
SOUTHWESTeRLY LINE Of BAINTER AVENUE WITH THE SOUTHEASTERLY LINE
OF 50 fOOT EASn1ENT KNO\'/N ;>.$ "REDBERRY DRIve," AS S;:'.ID LINE r,1AS
EST,iBLlSHED BY THE DEED FROM J/\1'1CS W, WAYNE, ET UX, TO R. v.
MONTCmlERY, E'J' AL, Dt',TED JUNE 7,1950, P.SCORDED JUNE 9,1950 IN
BOOK 1995 OF OfFICIAL P.SCORDS, F1\GC 97, S,.,\NTA CLARA COUNTY
ReCORDS; RUNNING THENCE NORTH 67" 26' "15" WEST 132.25 FeET TO AN
IRON PIPE; THENCE NCRTH 71" O~' <15" WEST 56.73 FEET TO AN IRON
PIPE ON THE: SDUTHEASTEELY LINE or TH/\'I' CERTAIN 2_.227 ACRE TRACT
OF LAND DESCRIBED IN THE DEED FROM LESLIS E. SWINDELL, ET UX, TO
ALEERTA HULL ROBINSON, DATED JULY 7, 1952., RECORDED JULY 18, 1951
IN DOOK 2251 Of OFfICIAL RECORDS, FAGE 296, SANTA CLARA COUNT::'
RECORDS; RUNNING THENCE ALONG SAID LAST NAMED LINE, SOUT'---l 300 15'
<15" WEST 25<1.65 FEET TO AN IRON PIFE; THENCE SOUTH <12~ 03' ~5"
h'EST 62.32 fEET TO AN IriON PIPE; THENCE SOUTH 5'10 tl6' tiS" tlEST
82.50 fEET TO tIN IRON FIPF:: AND SOUTH ~7o 04' <15" WEST 35. E7 FEET
TO AN IRON PIPE AT THE SOUTf-iCRW.l0ST CORNER Of SAID 2.227 ACRE
TRACT AND THE TERMINUS OF SAID E1\SCMENT.
ALSO TOGETHER l><'l'TH 1\ RIGHT OF WAr FOR INGR2SS AND EGRESS OVEr: A
STRIP OF LAND (10.00 fEET IN WIDTH) THE NORTHWESTERLY fIND
NORTHEASTERLY LINES Of WI-UCH M~E MORE PMnICULI\RLY DESCRIBED AS
POLLOIoIS:
6SGINNING AT TrIC SOUTHERNI'1DST CORNeR OF THAT CERTAIN 2.2:27 ACRE
~RACT OF LAND DESCRIBED IN '[j'IE DECO FROM LESLIE r:. SWINDELL, ET
UX, TO ALBERTA HULL ROEINSON, DATED JULY 7, 1951, RECORDED JULY
18, 1951 IN BOOK 2251 Of orrICIAL RECORDS, FACE 296, SAN':'A CL,.\Rt,
COUNTY RECORDS; WHICH IS ALSO THE NORTHERNHOST CORNER OF THAT
CERTAIN 3.]9 ACRE TR1\CT OF Lr\ND DESCRIBED IN THE DEED fROM ALICE
CHASE CLAr\KE TO T. R. HANTCS, ET UX, DATED JUNE U, 19<12,
RECORDED JUNE 21\, 19<12 IN Boor; 1092 OF OffICIAL RECORDS, PAGE
5 <1 0, SANTA CLARA COUNTY RECORDS; THENCE ALONG TI-IE NORTHWCSTCRL Y
LINE OF SAID 3.39 ACRE TRACT, SOUT)] 320 ~2' w. 206.2<1 FEET, SOUTH
56" 3D' WEST 80.15 FEET ^ND NORTH [J7" 0<1' Iv1:ST 39.57 fEET TO THE
'rERl'lINUS Of SAID EASEr>tENT, AS RESERVED IN THE DECO FRO!"l !'LIce
CHASE CLARKE TO T. R. MANTES, E1' UX, DATCD JUNE 1<1, 191\2,
RECORDED JUNE 21\, 1942 IN BOOK 1092 OF OFFICI^L RecorDS, PACE
540, SAl'IT^ CLARA COUNTY RECORDS.
AsseSSOR'S PARCEL NUl'lBER: 510-2~-003
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EXHIBIT C
Leqal Description of Holton/Kownacki Property
T~37 3.0041 #3707 v6 - Pre Annexation Agreement
~~nex3t~o~ co city of sara~ooa
}i<Lrne c f Anne):.G t,l on Re citErrv 7.0 0 3 -1
D~te J~ne 20, 2003
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All chat certain rea: p~operty cieuaced in che County of Santa
clara, SLate of Californi~, ciescribed oS follo~s'
E~gi~~1ng ~t ~he most southerly corner of Lha~ certain li.DO ~c~c
crac~ of land deeded to J.W, Ro~e by Mrs. Deli1~h Bainter by deed
dated June 7, 1587 and recorded in Boo~ ~01 of deeds. rDge 514,
lD che otric.e of the. County RecOrder or Sanc.a Cla::-a coun'Cy,
Califo~ia, and running thence along the bounda~ of che City of
~:::.r~~C>og':;;' by Arjn'?'......';jr.~nTi B~intc.:::- 1ge5.1 North ..f5 Degrees IS Minutes
WesL a distance of ~12_2~ feet, ~Q~h 68 Degrees lS Minuces East
2 dis~ancB of 252,08 feet. Dnd South 87 Degrees O~ Minutes East a
di"t=.c" or 39.60 [",,,,t to toh., b":J;rm;ng of proposed. Annexation
Redberry 2003-1 herein described, ~nd the Tr~e Point of Beginning
0= this deccriotiop-
the~ce NorLhwe~Lcrly ~lDng the boundary of prnpQ~cd Annexation
F.edberrv 2003-1 Nonh 43 Decrrees 12 Minutes 30 Se-conds West c:
di scar,ce or 3l L 3 0 fee~ to ~be Soucherly right of way of Redberry
Dr',L V'='; Lh"nce Northeasterly Zllong 1\nnexation Redberry 700:1-1
North 30 D~g~e~ 06 Minut:.es 00 -Seco~ds East a. distance cf 4.00
feec: thtnce North QS Degrees ~9 Minuces 00 Seconds E~st d
discance of 30,35 fee""; t)Jence North:'O Degr"-"-S SD MinuteS 00
Seconds Ed5t a ciistQDce of 75.02 feet; thence North 00 DQgreeS 04
!".inutes DO Seconds East a distance of 40.34 feet; thence No:n:h "-1
Degrees. lD MinuLes 00 .secoods Ei!.SC d di61..d.nCe c..'t oc)~)..J ~e.er.;
Lhenee Noreh 28 oegrees 31 Minut.-:s 59 Seconas E~se ;1 distance or
38.67 feet to the beginning of a 25.00 foot non-tangenI: curve.
concave to the >:~",t. a radial to said beginningb",al'" Norc.h .1;9
Degrees 38 Minu1:es 00 s,,=conds West; thence leaving Soud.e~ly
riqht of W2Y of Rej,berry Drive ann running soucherly along said
Annexation RedDerry 2003-l, a.loDg said curvE. t.hrough a. cent.ral
angle of R"i Degrees 42 I-linu~es 50 Sece>nds an <lrc di>=:r.anc:e of
36.:;3 feel::' er.8Dce tangenr. to said Cllrve, sOllth 43 Deg-rees 20
Minutes 50 Seconds Sast a distance of 108_50 fee':; thenc:o: South'
82 Degrees lJ Minutes 00 seconds East a discance of 92,~,3 feet;
ehence North n~ npgr~~s 03 Minuce~ 00 secones West a di~;tance of
5'.28 feet: thence No~th 18 Degree& 41 Minut.es 00 s~cond5 East a
di8tanc~ of 59.67 feeL; thence NOTCh 73 Degrees 08 Minutes 00
Seco:-.:3s Ea.st a di.std:i":.ce of SR. on feet; t:1ence North so )')eqxee.s 00
Minur.ee 3DSeeo~es East a distance at 146.73 feet to the Westerly
line of Annexatioh Eainter 1-79; thr::-.oe;o'..\thwccsterly along the
Wc.:::t:.c:r'l y lin'? or .l.nnc~'<:..;:.t:ion I;ai.nt~,... 1-"7Q sc.:.:t:_ :;0 !Jegr6r;;:I.~ 06
HinucB~ 36 Seconds West a distance of 204.73 feee; thence South
42 DecrreeS 06 Minutes 37 Seconds West a discanc: of 62,33 feet;
theDC~ South 54 Dcsrce~ 22 Minutes 25 Se::-C1:-~."5..s: wp.:-:;t. a oistaIlce of
82.50 feec; (hence South ~7 Deqrge; '1 Minuce~ 00 Seconds West a
discance nf lS_~~ fF~~ [0 the ~D\J~h~~ste='y c=~~Er of B~~d
;:....:l..J.:.exa:.ic:-~ ?z.:.ntcz- :.. 70, being also Nc-=t.hl...'e.s~e;::-:~y ~(""Jrrj€:~ of
?...;inexation B~inte::" 1985-1; \:hence 9:::n.::.thl..:,'e5':.~=7..y ~long the
Wescerly line ot said AnnEx~ciDn 1955-1 So~~h 32 o~grees ;2
Mi..n.u\:.e-:; 00 ~eccr'..dE ~,=~.l cl L1~.star:ce of 20C.2ri feet; t.r.eJ,G<2 Sc...:.t:-..
5~ D~g~~ps 30 M~n~tte$ Oc ~ecands West a di,s~~nce c: SG,l5 tee= to
(he Tru~ Point ct 5eoin~ing of this descri~:icn.
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Exhibit D
MODIFYING/ADDITIONAL CONDITIONS
The following conditions (the "Modifying/Additional Conditions") shall
supplement the "Final Conditions of Approval - Building Site Approval & Grading
Permit" issued by the County of Santa Clara Zoning Administrator on July 1,
2003, consisting of: 1) grading permit approval; 2) building site approval and; 3)
design approval (the "County Approvals"). To the extent that any conflict exists
between the Modifying/Additional Conditions and the County Approvals, the
Modifying/Additional Conditions shall supercede and control:
1. Prior to initiation of any grading or physical construction activities on the
Subject Property, the following actions shall be taken:
a. The applicant shall retain or provide for the retention of Barrie D.
Coate & Associates to act as the consulting arborist on behalf of the
City of Saratoga for the duration of construction. As referenced in
condition 9.b of the County Approvals, Mr. Coate shall prepare a
supplemental letter report identifying all trees on the Subject
Property that in Mr. Coate's judgrnent are substantial or important
and have the potential to be affected by construction activities and
specific protection measures for those trees that are to be retained
and addressing the specific landscaping-related items addressed
herein, The report shall be reviewed and approved by the City of
Saratoga prior to initiation of grading.
In the event that the services of Mr. Coate are not available, the
Parties shall attempt to agree upon an alternate consulting arborist.
If the Parties cannot reach agreement, they shall each select a
consulting arborist who shall mutually select a third consulting
arborist to carry out the functions set forth herein.
b. Temporary fencing, providing any necessary emergency vehicle
access, shall be installed along the entire rear (southeasterly)
property boundary of the Subject Property to preclude construction
activity beyond that property boundary. This fencing shall remain in
place until grading has been completed and the building official
determines that construction has been substantially completed,
2. The applicant shall retain the services of a licensed general contractor,
who shall be responsible for all grading and construction on the Subject Property
J279srr017/3741 v. 3
.
.
carried out pursuant to the County Approvals, these Modifying/Additional
Conditions, and all approvals issued by the City of Saratoga in issuing,
administering, monitoring and enforcing the grading permit approved as part of
the County Approvals and issuing, administering, monitoring and enforcing a
building permit and all other necessary permits and approvals.
3. No structures, including fences or walls, other than the driveway, parking
area and retaining wall identified on the project plans approved as part of the
County Approvals, shall be constructed pursuant to the County Approvals or
Modifying/Additional Conditions within 150 feet of the northwest property line of
the Subject Property and, in particular, no wall or fence shall be constructed
along the northwest property line. A gate may be installed at the entrance of the
existing driveway providing vehicular access from Redberry Drive.
4. All paint used on the house shall have a light reflectivity value of 60 or less
and shall be selected from the "Environmental Shades" section of the Kelly
Moore color fan or equivalent ("Color Fan"). The specific primary house color
shall be Kelly Moore "palazetto" (KM586-M),
5. The maximum height of the roof line shall be no more than twenty six and
one half feet (26' 6") from the existing grade at the time of the County Approvals,
as shown on the project plans approved as part of the County Approvals
("Maximum Height"). The height of the new house, from finished grade to
maximum roof line, may exceed this height provided the Maximum Height is not
exceeded. For example, the height of the new house may be 27 feet if six inches
is excavated from the existing grade at the time of the County approvals. Prior to
initiation of grading, the applicant shall retain a licensed engineer to establish a
reference elevation satisfactory to the City of Saratoga to provide for confirmation
that this condition is satisfied as construction proceeds,
6. The applicant agrees that all recommendations made by the consulting
arborist shall be followed, In particular, the analysis and recommendations of the
consulting arborist shall include, but not limited to, the following:
a, recommendations for drainage and landscaping treatment in the
vicinity of the large oak tree near the southwestern corner of the
Subject Property, an evaluation of the health of the oak tree and
recommendations for replacement screening in the event the tree is
determined to be in danger.
b, recommendations for modification of the landscaping plan with
respect to the rear (southeastern) boundary of the Subject Property
to replace some or all of the proposed oleanders and shrubs with
trees of a type and size adequate to provide immediate screening of
2
02795IT017l3741 v. 3
.
.
views between the Subject Property and off-site areas to the
southwest and southeast.
c. with respect to the two existing trees located in close proximity to the
northeastern side of the house, an evaluation of the existing health
and potential impacts of the proposed grading and construction,
recommendations for feasible measures to protect these trees, In
the event it is not reasonably possible to save one or more of the
trees, recommendations for installation of trees of a type and size
adequate to provide immediate screening of views between the
Subject Property off-site areas to the northeast.
d. with respect to the 12" oak located near the driveway in the
northeast portion of the Subject Property that is proposed for
removal on the plans approved as part of the County Approvals, that
tree may be removed provided that a replacement tree be planted of
a type, size and location along the northeast property boundary as
determined by Mr. Coate to be sufficient to provide immediate and
effective screening of views between the Subject Property and off-
site areas to the northeast.
7. As indicated on the County Approvals, there shall be no use of the existing
access easement adjacent to the southeast corner of the Subject Property
except for emergency vehicle access.
3
Ci279S/T017J3741 v.3
r-'
SARATOGA CITY COUNCIL
AGENDA ITEM
CITY MANAGERc;;?J ~
~
EXECUTIVE SUMMARY NO.
MEETING DATE: September 6, 2006
ORIGINATING DEPT: City Attorney! PREPARED BY: City Attorney
Community Development
rJ/t.d.a ~
(/ /
SUBJECT: Consideration of Report on Interim Moratorium on Uses Inconsistent
with Prior Design Review Approval
RECOMMENDED ACTION:
Accept report and public testimony and consider one of the following options:
1.
Refer to the Planning Commission a proposed ordinance that prohibits uses that
are inconsistent with prior design review approvals for recommendation back
to the City Council; or
Direct staff to prepare and refer to the Planning Commission a proposed
ordinance that authorizes the Planning Commission to irnpose permanent
design review conditions on a case-by-case basis; or
Direct staff to allow the urgency ordinance to expire on its own terms on
November 20, 2006.
r-'
2.
3.
STAFF REPORT:
This item is a follow up to the City Council's actions on November 22, 2004 and
January 5, 2005 and October 5,2005 to adopt and extend Ordinance 233. That ordinance
requires compliance with prior design review conditions for all properties in the City with
a structure that was the subject of design review and that received final approval after
January 1, 2004. Projects that deviate from approved design review conditions are
allowed by Ordinance 233, but only upon approval by the entity that issued the design
review approval. Thus, projects on property that have an administrative design review
approval are reviewed by the Community Developrnent Director and projects that on
property that has been the subject of Planning Commission design review approval
require approval by the Planning Commission.
~,
1
.
Ordinance 233 is an interim urgency ordinance that expires by its own terms on
November 20,2006. It directs staff to prepare a report on options for amending the City ..../
Code to address the issues associated with changes to structures and properties that have
been the subject of a prior design review approval. This staff report is the report directed
by Ordinance 233.
Staff has identified two possible approaches to arnending the City Code. The first
option would involve adopting code provisions comparable to the requirements now in
effect under Ordinance 233. This would have the effect of making permanent all design
review conditions for all projects approved since January 1, 2004. Changes to a structure
or related landscaping that are inconsistent with the earlier design review conditions could
be rnade, but only after approval by the entity that issued the original design review
approval.
Based on staffs experience with the ordinance to date, there are several costs
associated with this approach. The first is the cost of checking over the counter permit
requests to determine if the property is subject to the ordinance. Thus far, checking for
ordinance cornpliance has remained at roughly 15 rninutes of staff time per application.
The second cost associated with the ordinance is the cost of adrninistering the
supplemental design review process for proposed changes. The Community
Development Department operates on a cost recovery basis. Therefore these increased
costs will be borne by project applicants. This will affect the applicant's cost of project
review. It will not affect overall costs of City operations.
...,./
The third cost is associated with code enforcement. These costs are difficult to
predict. Because rnany of the changes to property that would be prohibited by the
ordinance do not require a permit, it is possible that some residents could complete the
work without knowledge of the ordinance's restrictions. This could lead to requests for
code enforcement. Thus far there have been relatively few code enforcement requests
under the ordinance. This rnay increase with public awareness and as the age of the
approved projects increases and the need for updates and repairs to the previously
approved projects is needed.
The second approach would involve amending the design review requirements of
the City Code to authorize the entity issuing a design review approval (The Planning
Commission or Community Development Director) to specify those conditions that rnust
remain in effect following final sign-off of the building permit. This would allow some
flexibility with respect to future changes in a horne but would allow staff or the Planning
Commission to specify particular aspects of the design (e.g., privacy screening) that are
required to remain in effect in order to address neighbor or other particular concerns
raised during the design review process.
2
.....,/
Costs associated with the second approach would be similar to but somewhat
lower than the first approach. Staff would still be required to review proposed building
permit applications to determine whether the proposed work would require supplemental
design review. Because of the narrower scope of this approach, however, fewer projects
would actually require supplemental design review and that would reduce costs for
applicants and the time required for building permit approval. Code enforcement costs
would likely be the same as with the first approach.
Finally, the Council has the option of allowing Ordinance 233 to expire on its own
terms. This would allow changes to projects that had been the subject of design review
without subsequent design review unless the changes are substantial enough to trigger the
existing design review requirements for remodels (e.g., expansion or reconstruction of
fifty percent or more or a one hundred square feet or greater addition to or reconstruction
of the second story).
FISCAL IMPACTS: Discussed above.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Notice for this meeting was properly posted.
CONSEQUENCES OF NOT ACTING ON RECOMMENDED MOTION(S):
The interim urgency ordinance will expire on November 20, 2006.
ATTACHMENTS:
Ordinance 233
\',
3
"
--
SARATOGA CITY COUNCIL
MEETING DATE: September 6, 2006
AGENDA ITEM:
1
ORIGINATING DEPT: Public Works
CITY MANAGER: ~-:l c:::7/-
PREPARED BY: Joh . her(tre
, 'I
VI.-- "_~v'-~
DEPT HEAD:
SUBJECT: Capital Improvement Plan (CIP) F.Y. 06/07 Update - Public Hearing and
Environmental Impact Assessment
RECOMMENDED ACTION(S):
I. Receive report, conduct Public Hearing, and provide direction to staff.
2. Adopt attached Environmental Impact Assessment for new CIP projects (Attachment 2).
3. Adopt Resolution amending the Fiscal Year 06/07 Budget reflecting Council direction from
the July 19th and August 2nd City Council Meetings (Attachment 3).
4. Adopt final CIP Project list (Attachment 4).
,-
REPORT SUMMARY:
CIP Process
This is the continuation and last stage of the 2006/2007 update of the CIP, which was set in
motion at the July 19th and August 2nd City Council meetings, The main focus of this meeting is
to review the Environmental Impact Assessment of the new projects and adopt a Resolution
amending the 06/07 budget in connection with CIP.
General Plan Conformitv
At their August 23rd meeting the Planning Commission reviewed the 10 new CIP projects for
General Plan conformity and subsequently found no issues in connection to the General Plan (see
attached Planning Commission Resolution No. 07-007, Attachment I).
Environmental Assessment
Please find attached the Environmental Impact Assessment and the Environmental Checklist
Form for the 2006-2007 CIP Update, which lists the environmental category under which each
project is expected to fall (Attachment 2).
.--.
Ofthe 10 new projects under consideration in the 2006-2007 CIP Update, all are classified as
categorically exempt.
--
.
1-
Final CIP Proiect List
Please find attached a revised copy of the CIP Spreadsheet (Attachment 4) reflecting City
Council direction, The spreadsheet describes each project and their corresponding funding level.
.....,.I
FISCAL IMPACTS:
The attached Budget Resolution (Attachment 3) reflects the funding level (expenditure) of each
project and their corresponding revenue source. Adoption of the Budget Resolution will provide
staff the authority to move forward with implementation of the CIP.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S):
The 2006-2007 CIP Update would not be approved and the implementation of the CIP projects
would not move forward.
ALTERNATIVE ACTlON(S):
None in addition to the above,
FOLLOW UP ACTION(S):
Projects listed in the CIP will be implemented per City Council direction.
.........
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Nothing additional.
ATTACHMENTS:
I. General Plan Conformity Resolution.
2. Environmental Impact Assessment and Environmental Checklist Form.
3. Budget Resolution.
4. Final CIP Project Spreadsheet.
.........
20f2
ENVIRONMENTAL IMP ACT ASSESSMENT
2006-2007 CAPITAL IMPROVEMENT PLAN UPDATE
In compliance with the requirements of the California Environmental Quality Act (CEQA), a
review of all new projects proposed for the 2006-2007 Capital hnprovement Plan (CIP) Update
has been made to determine whether any of these projects would have a significant
environmental impact. The State CEQA Guidelines define significant effect as a "substantial or
potentially substantial, adverse change in the physical conditions.. .of an area."
Implementation of the majority ofthe CIP projects will not have an adverse impact on the
environment. Of the 10 new projects under consideration in the 2006-2007 CIP Update, all are
classified as categorically exempt. These projects involve maintenance, repair, or minor
alterations or additions to existing facilities (Class 1), replacement or reconstruction of existing
structures or facilities (Class 2), new structures of small size and are identified by CEQA as not
having a significant effect on the environment (Class 3), or minor alterations to land (Class 4),
These proj ects are:
1. Highway 9 Improvements:
2, Solar Powered Radar Feedback Signs:
3. Quito Road Sidewalk hnprovements:
4. Sobey Road Culvert Repair:
5. Village Improvements:
6. Book-Go-Around Drainage hnprovements:
7. McWilliams House/Book-Go-Around Fire Alarm:
8. Terlink Ranch Trail Repair:
9, Alternative Socccer Field Location(s):
10, Hakone Gardens Visitor Center:
Class 3
Class 3
Class 3
Class 2
Class 3
Class 1
Class 3
Class I
Class 1
Class 3
Staff recommends that a blanket Negative Declaration be issued for the new projects in the 2006-
2007 CIP Update.
Respectfully submitted,
~~~
John Cherbone
Public Works Director
Respectfully submitted,
P~~~~p4:;S-
John Livingstone
Community Development Director
APPROVAL OF RESOLUTION NO. 07-007
CITY OF SARATOGA PLANNING COMMISSION
STATE OF CALIFORNIA
WHEREAS, the City of Saratoga Planning Commission has received a request from the
Public Works Director to find that the Proposed Capital Improvement Program is consistent with
the City of Saratoga General Plan; and
WHEREAS, the Planning Commission reviewed and considered the materials submitted
by the Public Works Director which include a listing of each capitol project and the
corresponding General Plan Goal and Policy, attached as Exhibit A.
Now, THEREFORE, the Planning Commission of the City of Saratoga does hereby find
that the proposed Capitol Improvement Program is consistent with the Goals and Policies of the
City of Saratoga General Plan in that the various improvement projects implement the programs
and objectives outlined in the various General Plan Element.
PASSED AND ADOPTED, by the City of Saratoga Planning Commission, State of
California, on August 23, 2006, by the following roll call vote:
AVES:
NOES:
ABSENT:
ABSTAIN:
Chair, Ptanning Commission
ATTEST:
Secretary to the Planning Commission
P:\PC Resolutions\2007\07-007 - CIP General Plan.doc
SARATOGA CITY COUNCIL
MEETING DATE:
September 6, 2006
AGENDA ITEM:
s-
ORIGINATING DEPT: Community Development CITY MANAGER: .tl ~~~
Dave 1\nd~o91 _
PREPARED BY: John F. Livingstone, AICP, Com. Dev. Dir. DEPT HEAD~7'~
.John F. Livinl!s ne
SUBJECT: Review of the Administrative Design Review Process
RECOMMENDED ACTIONS:
Direct staff accordingly on improvements to the Administrative Design Review process.
REPORT SUMMARY:
/,""
On June 7, 2006, the City Council directed staff to prepare a staff report reviewing the
Administrative Design Review process in response to several speakers' comments during Oral
Communications on Non-Agendized items. On July 19, 2006 staff prepared a staff report outlining
the Design Review process currently being used in the City. At this meeting the Council formed an
Ad Hoc Committee to review the Administrative Design Review process.
DISCUSSION:
The Ad Hoc Committee (Mayor Norm Kline and Council Member Ann Waltonsmith) reviewed the
Administrative Design Review process and came up with several ideas to improve the process. The
committee met with the Chair of the Planning Commission, City Manager, and Community
Development Director. Staff has determined that some of the recommendations of the Ad Hoc
Committee can be implemented immediately at a staff level. The more substantial changes that
require a code amendment would be reviewed by the Planning Commission and brought back to the
City Council for final adoption, Staff has listed some of the concepts raised by members of the Ad
Hoc Committee into two groups below.
The following policy recommendations can be immediately implemented bv staff at the direction of
the Citv Council:
1. Require applicants to submit a proposed set of plans signed by each neighbor saying that the
neighbor has reviewed and acknowledged the plans. Section 15-45.070(a)(1l) of the
Municipal Code gives the Community Development Director the authority to require
additional information and exhibits other than the items listed in the Code.
,-'
2, Improve the existing Neighborhood Notification Form by highlighting that the plans shown
are only preliminary and that the plans are subject to change prior to [mal approval (See
attachment #3 for the improved Neighborhood Notification Form).
3, Require staff to check off on a standard process form that they have visited the site of the
proposed project and conducted a list of required activities.
The following recommendations would require code amendments:
..../
1. Require all Administrative and Planning Commission Design Review projects to have story
poles erected a minimum of two weeks prior to a Planning Commission hearing or the
mailing of the Notice ofIntent to Approve an Administrative Design Review project.
2, Increase the minimum required noticing on Administrative Design Review projects to match
the Planning Commission Design Review projects with a 500 foot radius instead of the
existing 250 foot radius.
3. Require a neighborhood meeting/Administrative Design Review Hearing conducted by the
Community Development Director or designee.
4. Require all applicants to place a 4' x 8' notice with a project description at the proposed
project site a minimum of two weeks prior to a Planning Commission hearing or the mailing
ofthe Notice of Intent to Approve an Administrative Design Review project.
5. Improve the existing Design Review findings to require more specific findings including but
not limited to neighborhood compatibility and architectural design.
One of the issues reviewed by the Ad Hoc Committee was whether applicants should be required to
state if they are developers or future neighbors. Although this item was discussed by the Committee
as a concern raised by a neighbor, no plausible solution was found to address the issue that could .........
withstand legal scrutiny.
FISCAL IMPACTS:
The Community Development Department is a self-funded Department. Any work that can not be
charged to an applicant's deposit reduces the department's budget and the number of hours available
to work on projects with deposit accounts.
Minor changes to the Neighborhood Notification Form and staff procedures can be accomplished
with minimum impact. One or two Ordinance amendments could be accomplished by staffbut may
delay other proposed code amendments. A complete look at the Design Review Process involving
review of the findings and or the Design Review Guidelines would be a significant task and require
the Council to make recommendations on the Planning Division work program.
ALTERNATIVE ACTIONS:
Make no changes to the current procedure.
FOLLOW UP ACTIONS:
As directed by Council.
......I
2
ADVERTISING, NOTICING AND PUBLIC CONTACT:
The agenda for this meeting has been properly posted. All speakers from the June 7, 2006 City
Council meeting have been informed by phone of this meeting.
ATTACHMENTS:
1. Current Neighborhood Notification Form
2. Improved Neighborhood Notification Form
3. Breakdown of the current Administrative Design Review process
4. Current Design Review Findings
3
City of Saratoga
Neighbor Notification Form
Date:
PROJECT ADDRESS:
Applicant Name:
Application Number:
Staff and the Planning Commission prefer that neighbors take this opportunity to express
any concerns or issues they may have directly to the applicant. Please ensure the
signature on this document is representative of all residents residing on your property,
Regardless of the opinion expressed below, you reserve the right to amend your opinion
at a later date during the actual public review and appeal periods.
PLEASE SELECT ONE:
My signature below certifies the following: I have reviewed the project plans; I
understand the scope of work; and I do NOT have any concerns or issues which need
to be address by the applicant prior to the City's public hearing on the proposed project.
My signature below certifies the following: I have reviewed the project plans; I
understand the scope of work; and I have issues or concerns, which after discussion
with the appticant, have not been addressed. My concerns are the following (please
attach additional sheets if necessary):
Neighbor Name:
Neighbor Address:
Neighbor Phone #:
Signature:
Printed:
City of Saratoga
Planning Department
City of Saratoga
Neighbor Notification Form
PROJECT ADDRESS:
a DRAFT
Dear Neighbor,
J am proposing a project at the above stated address and would like to provide you with
an opportunity to review the proposal and provide comments. All of the adjacent
neighbors and the neighbors across the street from the property are being provided this
notice as a courtesy in advance of the standard City Notice which will be sent out prior to
a decision being made on the project.
J ask that you familiarize yourself with the preliminary plans fi>r the project. These plans
are PRELIMINARY ONLY and may be changed as the project moves forward. You may
contact the City of Saratoga's Planning Division at any time to review any changes that
may occur.
The City of Saratoga asks that this form be signed by each neighbor to indicate that they
have had an opportunity to review the proposal. Please be advised that these plans are
preliminary and may change. If you have further interest in the project, you may contact
the City of Saratoga at 408-868-1222 and speak with the assigned project planner.
My signature below certifies that I am aware of the proposed project and have reviewed
the preliminary project plans.
Neighbor Name:
Date:
Signature: __
Neighbor Address:
Neighbor Phone #:
If I have any initial concerns with the project I may list them below, My concerns are the
following (please attach additional sheets if necessary):
Applicant Name:_
Date:
Application Number:
City of Saratoga
Planning Department
Current Administrative Design Review Process
I. Applicant contacts neighbors to show them the preliminary plans and requests
that they sign a Neighborhood Notification Form.
2. Applicant submits an application package to the City of Saratoga. The majority
of the requirements in the project submittal list should be included in the
application package.
3. Staff routes the plans to other Departments in the City and the Fire District, and
assigns the application to a project planner. The project planner then checks the
plans for code compliance and conducts a minimum of one site visit. During the
site visit, the project planner reviews the proposed design of the project and its
relationship to the surrounding structures and topography. Pursuant to the Permit
Streamlining Act, the project planner is required to provide comments to the
applicant within 30 days from the application submittal date.
4, Within the 30-day time period, the project is either deemed complete or
incomplete, For most initial applications, the projects are deemed incomplete and
the applicant is asked to make code corrections and design changes to the project.
This often results in a delay of one to two months while the applicant makes the
changes to the proj ect.
5, Once all of the corrections have been made to a proposed project and the project
planner feels that the project is consistent with all design review findings, the
project planner sends a 'Notice of Intent to Approve" to adjacent property owners
within a 250- foot radius of the site. The notice states that the project review
period is 15 days and that the project planner may be contacted for details. The
notice also states that at the end of the IS-day review period, the project will be
approved ifthere are no concerns raised, and that this approval is subject to a 15-
day appeal period. This allows for a total of 30 days before a project is finally
approved.
6, The Notice of Approval that is sent to the applicant includes conditions of
approval and a discussion of all the required design review findings, Once the 15-
day appeal period ends, the applicant may submit the approved plans and the
construction drawings to the Building Department. These plans include a copy of
the Notice of Approval.
7. During the IS-day review period, there may be concerns that are brought up by
the neighbors, The approval is put on hold while the issues are reviewed by the
project planner. The project planner has IS days from the close of the review
period to make a decision on the project. The IS-day appeal period does not start
until after the project planner has made a decision on the project.
8. When there is an unresolved issue between neighbors concerning the project, the
neighbors are notified of the project planner's decision and are made aware of the
option to appeal the decision within the 15-day appeal period.
15:35.100
pancy shall be issued until an attested cOpy ofthe recorded
indenture has been filed with the City, Upon submission of
satisfactory evidence that other off-street parking facilities
or ofT-street loading facilities have been provided in com~
pliance with the requirements of this Article or that the use
has ceased or the structure has been removed or altered so
as no longer to require the off-street parking facility or the
off-street loading facility, the Planning Commission shall
by resolution remove the restriction. '
15-35.\10 Use for advertising prohibited.
(a) No off-street parking or loading facility related to
any commercial use in any zoning district shall be used for
the stopping. standing or parking of any vehicle for the
purpose of advertising such vehicle or any other propertY
or services for sale, or displaying any such vehicle for sale.
(b) No off-street parking space, driveway or front
yard in any residential district shall be used for the stop-
ping. standing or parking of any vehicle for the purpose of
advertising such vehicle or any other property or services
for sale. or displaying any such vehicle for sale; except.
that the occupant of said property may park one vehicle
owned by such occupant, displayed for sale and bearing a
sign not exceeding two square feet in area restricted to the
sale of the vehicle upon which it is posted.
Art iele 15-40
HOME OCCUPATIONS
Sections:
15-40.010
General regulations.
15-40.010 General regulations.
All home occupations shall comply with the following
regulations:
(a) There shall be no stock-in-trade other than prod-
ucts manufactured on the premises.
(b) A home occupation shall be conducted within a
dwelling by an occupant thereof, and shall be clearly inci-
dentalto the use of the structure as a dwelling.
(c) A home occupation shall not be conducted in an
accessory structure and there shall be no storage of equip-
ment or supplies in an accessory structure or outside the
dwelling,
(d) There shall be no external alteration of the dwell-
ing in which a home occupation is conducted.
(e) The existence ofa home occupation shall not be
apparent beyond the boundaries of the site.
(Saratoga Supp. No.4, 9-03)
(I) Medical offices for doctors, dentists. osteopaths,
chiropractors an~ other practitioners of the healing arts are
not permitted as home occupations in any A. R-I, HR.
R-OS or R-M district.
(g) No person other than a resident of the dwelling
shall be employed in the conduct of a home occupation.
(h) A home occupation shall not create any noise.
odor, dust, fumes. vibration, smoke or radio or television
interference beyond the boundaries of the site,
(i) Not more than one truck, of not more than one-
I
half ton capacity. and no semi-trailers, incidental to a
home occupation shall be kept on a site.
0) A home occupation shall not create pedestrian,
automobile or truck traffic significantly in excess of the
normal amount in the district.
(k) There s~all be no display of merchandise, prod-
ucts or other material or equipment for advertising pur-
poses.
(I) Professional or administrative offices wherein.
clients or prospective clients are regularly met upon the
premises shall not be pennitted as home occupations in
any A, R-I, HR, R-OS or R-M district. This prohibition
shall not apply to the sale of dwelling units out ofa tempo-
raryoffice established in a model home when properly
authorized by a use pennit. (Amended by Ord. 71.98 ~~ 8,
9,1991; Ord. 71.113 ~~ 7, 8,1992)
Article J 5-45
DESIGN REVIEW: SINGLE-FAMILY
DWELLING
Sections:
15-45.010
15-45.020
Purposes of Article.
Compliance with development
standards.
Allowable noor area.
Setbacks.
Creek protection setbacks.
Undernoor clearance.
Residential Design Handbook.
Requirement for design review;
public hearing. .
Administrative design review.
Application requirements.
Design review findings.
Off-site improvements.
Expiration of design review
approval; extension; tolling of
time period.
15-45.030
15-45.040
15-45.045
15-45.050
15-45.055
15-45.060
15-45.065
15-45.070
15-45.080
15-45.085
15-45.090
346
,-...,
Replacement of destroyed
structures.
Appeals to City Council.
15-45.100
15-45.110
15-45.010 Purposes of Article.
It is the policy of the City to review the proposed con.
struction or significant expansion of single-family dwell-
ings and certain accessory structures under circumstances
where such structures have the reasonable potential to con~
stitute an invasion of privacy, unreasonable interference
with views, light or air, or create adverse impacts upon the
aesthetic character of neighboring residential structures.
The purpose of this Article is to establish standards and
procedures to be followed with respect to the design re-
view of single-family dwellings and certain accessory
structures to ensure that new development occurs in a
manner, which is consistent with the objectives of this
Chapter and the policies of the General Plan. (Amended by
Ord. 221 S 2 (part), 2003)
~
15-45.020 Compliance with development
standards.
No single. family main structure or accessory structure
shall be constructed or significantly expanded within any
A, R-I, HR, R-OS or R-M district unless the proposed
structure or expansion complies with the floor area stan.
dards contained in Section 15-45.030 of this Article and
the setback requirements contained in Section 15-45.040
ofthis Article. In the event ofa conl1ict between the 1100r
area and setback requirements in Article ] 5-4 5 and the
standards set forth in the R-OS zone district, the more re-
strictive standard shall govern. For the purposes of this
Article, the termS "significantly expanded or .'significant
expansion" shall mean an expansion exceeding one hun~
dred square feet, The Planning Commission shall have
authority to grant a variance from such regulations pursu-
ant to Anicle J 5-70 of this Chapter. (Amended by Ord.
71.98 S 10, 1991; Ord. 7J.l 13 S 9, 1992; Amended by
Ord, 221 S2 (part), 2003)
,......
15-45.030 Allowable noor area.
(a) Definition. As used in this Anicle, the tenn "al-
lowable floor area" means the maximum gross floor area
of the main structure (incJuding any garage c,ons1itu1ing a
ponion thereof), plus any accessory structures. For pur-
poses of calculating allowahle 1100r area. any space with
an interior height of fifteen feet or greater shall be dou.
bled. The allowable 1100r area is based upon the net ,;te
area and slope of the lot and the height of the main struc-
ture 10 be constructed or existing thereon as computed
in accordance with the provisions of this Section. Net
15-45.030
site aree shall be calcula1ed in accordance with Section
] 5-06.620 of this Code.
(b) Maximum standards. The standards set forth in
this Section are imended 10 be maximum figures and the
Planning Commission may, in considering any application,
require that the 1100r area be reduced below the applicable
standard if such reduction is necessary in order to make
the findings prescribed in Section 15-45,080 of this Arti-
cle. .
(c) Slope adjustment. Jfthe average slope ofthe lot
i, more than ten percent, the net site area of the lot shall be
reduced by a percentage amount based upon the average
slope and calculated as follows:
A "erage Slope
of the Lot
Percenta~e of Net Site
Area to be Deducted
10.0]-20%
10% plus 2% for each] percent
of slope over 10%*
30% plus 3% for each I percent
of slope over 20%'
60%
20.01-30%
Over 30%
'Where the 8\'erage slope is a fractional number, it shall be
rounded up to the nexl whole number.
(d) Floor area ~1andards. After reducing the net site
area by the amount required for the s]opc~ adjustment under
subsection (c) of this Section. if any, the floor area stan-
dard for the lot shall be determined in accordance with the
table "t forth below:
Size of Lot
(Net Site Area)
Floor A rea
Standard
Le" than 5.000 sq. ft.
To be detennined by
Planning Commission
2,400 sq. ft. plus 160
sq. ft. for each 1,000
sq. ft, of net site area
over 5,000 sq. ft.'
3.200 sq. ft. plus] 70
sq. ft. for each] ,000
sq, ft. of net site area
over JO,OOO sq. ft.'
4,050 sq. ft. plus 78
sq. ft. for each] .000
sq. ft. of net site area
over 15.000 sq. ft.'
5,000- I 0.000 sq. ft.
10,001-15,000 sq. ft.
J 5.001-40.000 sq. ft.
347
(Sara~o!!a 5upp. No_ '10, 12..o~)
.
.
.
15-45,030
Size of Lot
(Net Site Area)
Floor Area
Standard
40,001-80,000 sq. ft.
6,000 sq. ft. plus 20
sq, ft. for each 1,000
sq. ft. of net site area
over 40,000 sq. ft.'
6,800 sq, ft. plus] 0
sq. ft, for each 1.000
sq. ft, of net site area
over 80,000 sq. ft,'
8,000 sq, ft. is the
maximum allowable
square footage.
80,00]-200,000 sq. ft.
200,000 +
"Where division of the net site area by lOOO results in a frac.
tional number the product shall be rounded up to the next whole
number.
(e) Maximum noor area allowed for R-I, HR and
A Zone districts, In the Zone Districts listed below the
maximum allowable 1100r area shall be the lesser of the
Floor Area Standards or the Maximum Floor Area speci-
tied as in the following table:
Zone District
Ma:ximum Floor Area
R-I-IO.OOO
R-I-12,500
R-I-15,000
R-I-20,000
R_I--40,000
HR and A
4.400
4,830
5,220
6.000
7,200
8,000
(Amended by Ord. 221 ~ 2 (part), 2003)
15-45,045 Creek protection setbacks.
(a) Purpose, application. Where a protected creek
passes through or along a building site or is otherwise lo-
cated on the site, and in order to provide for the future
protection of creeks, including creek banks and riparian
habitat. building setbacks for any new construction shall
be measured from the top of the creek bank(s) on the site
ratherthan from the propeny lines of the site. The required
setback shall be the minimum setback prescribed for the
applicable zoning district.
(b) Existing structures. Any existing structure,
which encroaches into the creek protection setbacks, shall
be considered nonconfonning, and shall be regulated by
Anicle 15-65, Nonconfonning Uses and Structures. Any
new addition to an existing structure shall comply with the
creek protection setback requirements.
(SaraIO{!.ll Supp. No. 10, ]2-05)
(c) Accessor,. structures. Accessory structure may
be pennined within a creek protection setbacks subject to
compliance with the special rules as set fonh in S'ection
]5-80.030 of this Chapter.
(d) Location of top of creek bank. The site plans for
the proposed new construction shall show the location of
the top of the protected creek bank. "Creek bank" means
the sides of a watercourse, the top of which shall be the
topographic line roughly parallel to stream centerline
where the side slopes intersect the plane of ground trav-
ersed by the watercourse. Where creek banks do not dist-
inguishably end, the City or Santa Clara Valley Water
District shall determine the top of such banks.
(Amended by Ord. 22J ~ 2 (pan),2003)
15-45,050 Undernoor clearance.'
Each new single-family main structure, accessory struc-
tures, or additions thereto, shall be designed to follow the
slope of the site so as to reduce the clearance between
ground 1100r levels and natural or fmish grade, whichever
measurement is greater! to not more than five feet. This
does not apply to any deck or balcony above ground 1100r
level. (Amended by Ord. 71-106 ~ 8, ]992; Ord. 71-]78
S 3, ] 998; Amended by Ord. 22] ~ 2 (part), 2003)
15-45.055 Residential Design Handbook.
All projects for the construction or expansion of a sin~
gle-famiJy main structure or an accessol)' structure shall be
consistent with the policies and implementation techniques
described in the City of Saratoga Residential Design
Handbook. The Residential Design Handbook embodies
and illustrates the intent of the design review rmdings pre-
scribed in Section 15-45.080 of this AnicJe, A copy of the
Residential Design Handbook shall be kept on file and
available for public review at the offices of the Commu-
nil)' Development Director. The Residential Desil!D Hand-
book was adopted by the Citv Council on Nov;mber 2
]988. (Amended by Ord. 22J -S 2 (pan). 2003) ,
348
-.,
I S-4S.060 Requirement for d.,ign r.,.iew;
public hearing.
(a) In each of the following cases, no building pennit
shall be issued for the constructionl reconstruction or sig-
nificant expansion of a single-family main structure or
accessory strUcture in any A, R-l, HR, or R-OS district
until such strUcture has received design review approval
by the Planning Commission pursuant to this Anicle:
(J) Any neW multi-story main structure or multi-story
accessory structure.
(2) Any conversion of a single-slory struclure 10 a
multj.story structure, except where such conversion does
not result in any exterior modifications to the existing
structure beyond the installation of skylights in the roof.
(3) Any new single-story structure or addilion to a
single story strUcture over eighleen feet in height.
(4) Whenever design review is specifically required
under the terms or conditions of any tentative or final sub-
division map, use pennit, variance or conditional rezoning.
(5) Any main structure to be constrUcled upon a lot
having a net site area of less than five thousand square
feet.
(6) Whenever, as a result of the proposed construc-
tion, reconstrUction or expansion, the gross floor area of all
structures on the site will exceed six thousand square feet.
(7) Whenever, in the opinion of the Community De.
velopment Director, the construction, reconstruction or
significant expansion of a main or accessor)' structure may
be incompatible with the neighborhood, or may create a
perception of excessive mass or bulk., or may unreasonably
interfere with views or privaCYl or may cause excessive
damage 10 the natural environment, or may result in exees.
sive intensification of the use or development of the site.
(8) Whenever as a result of reconstruction, replace-
ment or expansion of a single story structure over eighteen
feet in height or multi-story main or accessory structure
more than fifty percent of existing exterior walls are re-
moved. The reconstruction of more than fifty percent of
the existing exterior walls of a single 5101')' structure over
eighteen feet in height or a multi-story main structure or an
accessory structure shaH be processed as new construction
and considered a new structUre.
(b) A public hearing on the application for design
review approval under this Article shall be required. No-
tice of the public hearing shall be given not less than ten
days nor more than thiny days prior to the date of the hear.
ing by mailing, postage prepaid, a notice of the time and
place of the hearing to the applicanl and to all person>
whose names appear on the latest available assessment roll
of the County as owning property within five hundred feet
of the boundaries of the site which is the subject of the
~
.~
J'5-45.065
application. Notice of the public hearing shall also be pub-
lished once in a newspaper having general circu)ation in
the City not later than len days prior to the date of the
hearing. (Amended by Ord. 7 1.98 ~ II, 199] ; Ord. 71.l13
~ 10, J992;Ord. 71-179~ I, 1998; Amended by Ord. 221
~ 2 (pan), 2003)
]S-45.065 Administrati,.. design r.view.
(a) In each of the following cases, no building permit
shall be issued for the construction, reconstruction, re~
placement or significant expansion of a single-family
structure or strUcture in any A, R-i, HR, or R-OS district
until such structure has received administrative design
review approval by the Community Development Director,
pursuant to this Article:
(I) New single-story residences and accessory strUc-
tures greater than two hundred fifty square feet in gross
floor area.
(2) Major addition> in size, dermed as:
(A) The expansion or reconstrUction of, fifty percent
or more of an existing main or accessory structure.
(B) A one hundred square feet or greater addition to
or reconstruction of one hundred square feet or more of the
second sto1)' of a main or accessory struC1UTe.
(C) The removal and replacement of fifty percent or
more of the exterior walls ofa main or accessory structure.
The reconstruction of more than fifty percent of the exist-
ing exterior walls of a strucru.re or an accessory structure
shall be processed as new construction and considered a
new structure.
(3) Addition of a basement to an existing structure
and enlargement of basements.
(b) The application for administrative design review
approval shall comply with Section 15-45,070. The Com-
munity Development Director shall not grant design re-
view approval unless the findings set forth in Section 15-
~5.080 have been made.
(c) ]flhe Communit)' Development Director intends
to approve the application, a "Notice oflntent to Approve"
will be mailed to all property owner.; within two hundred'
fift)' feet of the subject property and to others as deemed
appropriate. All interested panies will have fifteen calen-
dar days from the date of the "Notice of Intent to Ap-
prove" in which to review the application and provide
wrinen comment~ to the Community Development Direc-
tor. The Community Development Director shall approve
or deny the application within fifteen days of the close of
Ihe review period and shall mail notice of the decision to
lhe applicant and 10 any pan)' that has Ie quested a cop)' of
such notice. The Community Development Director's de.
(j,ion i, appealable 10 the Planning Commission within
3~9
(Sar810l'!8 Supp. NQ, 6, 341)
]5-45.065
.
fifteen calender days oflhe Director's decision to approve
the application. The Planning Commission at a public
hearing wiIJ review any appeal. Notwithstanding, Section
15-45. I 10 or Seclion 15-90,020, Ihe decision of the Plan-
ning Commission on Ihe appeal shall be fmal and not sub-
ject to appeal to Ihe City Council.
(d) lfthe application is not approved by the Commu-
nity Development DireclOr, then the applicant may file an
appeal within fifteen calendar days oflhe Communit)' De-
ve lopment Direclor's decision or deadline to render a deci-
sion and have the application heard by the Planning Com-
mission at a de novo public hearing. (Amended by Ord.
221 ~ 2 (pan), 2003)
.
]5-45.070 Application requirem.nts.
(a) Application for d.sign r.view approval shall be
filed with the Community Development Director on such
fonn, as he shall prescribe, The application shall include
the following exhibits:
(]) Site plan showing (i) property lines, (ii) easements
and their dimensions, (iii) underground utilities and their
dimensions, (iv) StrUClUTe setbacks, (v) building envelope,
(vi) lopography, (vii) species, trunk diameter at breast
height (DBH as defmed in Section] 5-50.020(g)), canopy
driplines, and locations of all heritage trees (as defined in
Section ]5-50.020(1), trees measuring at least ten inches
DBH, and all native trees measuring at least six jnche~
DEH on the property and within one hundred fifty feet of
the property, (viii) areas of dense vegelation and (ix) ripar-
ian corridors.
(2) A statement of energy conserving features pro-
posed for the project. Such features may include, but are
not limited 10, use of solar panels for domestic hOI waler or
space heating, passive solar building design, insulation
beyond that required under State law, insulated windows.
or solar shading devices. Upon request, the applicant shall
submit a solar shade sludy if delennined necessary by the
Community Development Director.
(3) Elevations of the proposed structures showing
exterior materials, roof materials and windo,"' treatment.
(4) Cross sections for all projects located on a hillside
lot, together with an aerial pholograph of Ihe site if re-
quested by the Community Development Director.
(5) Engineered grading and drainage plans. including
cross sections if the structure jfthe structure is to be con-
strucled on a hillside lot.
(6) Floor plans Ihat indicate total gross 1100r area,
detennined in accordance wilh Section 15-06.280 of this
Chapter.
(7) Roof plans.
.
(Saral0pB Supp. No.6, 3-(4)
"
(8) Landscape and irrigation plans for the sile, show-
ing the locat.;on of existing trees proposed to be relained
on the site ~ the location of any proposed replacement trees,
the location and design of landscaped areas, types and
quantities of landscape materials and irrigation systems,
appropriate use of native plants and water conserving ma-
terials and irrigation systems and all other landscape fea-
tures.
(9) Tree Preservation Plan, as required in Section 15-
50.140.
(10) Preliminary title report showing all panies having
any mlereslin the property and any easements, encum-
brances and restrictions, which benefit or burden the prop-
erty.
(II) Such additional exhibits or information as may be
required by the Community Development Director. All
exhibits shall be drawn to scale, dated and signed by the
person preparing the exhibit. Copies of all plan, to be
submined shaH comist of two sets drawn on sheet! eig.ht~
een inches by twenty-eight inches in size and fifteen re.
duc-ed sets on sheets eleven inches by seventeen inches in
size.
(]2) A gcotechnical clearance as defmed in Section] 5-
06.325 of this Code, if required by the City Engineer.
(a) The application shall be accompanIed by the
payment of a processing fee, in such amount as established
from time 10 time by resolution of the City Council.
(Amended by Ord. 221 S 2 (part), 2003; Ord. 226 S 2
(part), 2003)
]5-45.080 n..ign re"i.... findings.
The Plannin~ Commission shall not grant design review
approval unless it is able to make the following findings:
(a) ^,'oid unff3son3blf in1erffrence wi1h ,'iews
and prh'aey. The height, elevations and placement on the
site of the proposed main or accessory StTucturt', when
considered with reference to: (i) the nature and.location of
res idenl ial slructures on adjacem lots and within the
neighborhoods; and (ji) community view sheds will avoid
unreasonable interference wilh views and privacy.
(b) Pr"'n'e nalUrallandscap.. The natural land-
scape will be preserved insofar as practicable by designing
Hructures 10 folio"' the nSlUrsl contours of the site and
minimizing tree and soil removal: grade changes will be
minimized and will be in keeping wilh the general appear-
ance of neighboring de"eloped areas and undeveloped
areas.
(c) Pre..". nati\'( and heritage tr..s. All heritage
trees las defIDed in Seclion 15-50.020 (I)) will be pre-eserved. All nalive trees designated for pr01eclion pursuant
10 Section 15-50.050 will be preserved, or, given the con-
::;50
.
~
straints of the property, the number approved for removal
will be reduced to an absolute minimum. Removal of any
smaller oak trees deemed to be in good health by the Zity
Arborist will be minimized using the criteria sel forth in
Section 15-50.080.
(d) Minimize perception of excessive bulk. The
proposed main or accessory structure in reJation 10 struc-
tures on adjacent Jots, and to the surrounding region, wjll
minimize the perception of excessive bulk and will be in-
tegrated into the natura) environment.
(e) Compatible bulk and heighL The proposed main
or accessory structure will be compatible in tenns ofbuJk
and height with (i) existing residential structures on adja.
cent Jots and those within the immediate neighborhood and
within the same zoning district; and (ii) the natural envi-
ronment; and shall not (i) unreasonably impair the light
and air of adjacent properties nor (ii) unreasonably impair
the ability of adjacent properties to utilize solar energy.
(1) Current grading and erosion control methods.
The proposed site development or grading plan incorpo.
rates current grading and erosion control standards used by
the City.
(g) Design policies and lechniques. The proposed
main or accessory structure wilJ confonn 10 each of the
applicable design policies and techniques set fOJ1h in the
Residential Design Handbook and as required by Section
15-45.055. (Amended by Ord. 71.99 p7.] 991: Amended
by Ord. 221 ~ 2 (pan), 2003; Ord. 226 ~ 2 (pan). 2003)
~
--.,
15-45.085 Off-si.e imprO\'ements.
The findings specified in Section 15-45.080 ma' be
made subject to conditions reasonably related to the pro-
ject and to the fmdings required for approval. Conditions
may include, but are not limited to, the foliowing:
(a) Construction or repair of curb. guners and side-
walks.
(b) \Vater or sewer main extensions.
(c) Stonn drain instaliation.
(d) Dedication of propeny or easements for utilities,
street lighting, public right-of-way, trails, ete.
(e) Inslllllation of street trees.
(f) Completion of street widening paving to properr;
line.
(g) Repair or reconstruction of streel pavinf! prior 10
the issuance of a certificate of occupancy.
(h) Undergrounding of existing overhead utility lines
from closest exiting distribution pole to the new structure.
(i) Improvements to waler delivery s)'stems as re-
quired by the Fire District or \Vater Campan) to ensure
both adequate domestic and fire flow.
15-45.100
(j)
District.
]nstalJation of fire hydrants as required by the Fire
(Amended by Ord. 221 ~ 2 (pan), 2003)
15-45.090 Expiration of design re,'iew
approval; extension: 'lolling of 1ime
period.
(a) Each design review approvals granted pursuant to
this Article shall expire thirty-six months from the date on
which the approval became effective, unless prior to such
expiration date a building pennil is issued and construction
commenced. If such building pennit expires, and the
Building Official does not renew the building pennit
within one hundred eighty days after expiration, the De-
sign Review approval shall expire.
(b) A design review approval may be extended for a
period oftweJve months by the Community Development
Director. Any application for extension shall be fiJed prior
10 the expiration date, and shall be accompanied by the
payment of a fef' in such amount as established from time
10 time by resolution of the City Council. Extension of
design review approval is not a maner of right and the
approving authority may deny the application or grant the
application subject to conditions. Neither the period of
lime specified in subsection (a) of this Section nor any
extension period shall include the period of time during
which a lawsuit invoJving the approval or conditional ap-
proval of the design review is or was pending in a coun of
competent jurisdiction.
(c) A deSIgn review approval in conjunction with an
approved tentative subdivision map or approved use per-
mit, or both~ may be extended for a period OJ periods of
time 00110 exceed the time authorized under Section 14-
20.080(b) or Section 15-55.090(b) of this Code, respec-
tively. The application for extension shall be filed in the
manner prescribed in, and shall be reviewed in accordance
with the standards set forth in, Section 14-20,080(b) or
Section] 5-55.090(b) of this Code, respectively. (Amended
byOrd. 7]-] 19 ~ I (pan), 1993:AmendedbyOrd.221 ~ 2
(pan), 2003)
15-45.100 Replacement of destroyed structures.
In the event an existing single-family dwelling having a
gross floor area in excess of the standards set forth in Sec-
tion ] 5-45.030 of this Article or setback, which are less
than required under Section 15-45.040 or this Article, is
damaged or destroyed as a result of fire,. act of God or
other calamity (e>cept for landslide, earthquake. eanh
movement. soil instabiJjty or flood), the structure ma.y be
replaced ,"'ith a Of'W structure having a maximum gross
floor area no greater than the original structure and set-
backs no Jess than the original struCTUre. ]f design review
':51
ISar8FOp,Supp_ No.7. ,-,..(14)
15-45. J 00
.
approval is required for the proposed replacement struc-
ture, the provisions of this Section shall be applied in lieu
of the standards set forth in Sections 15-45.030 and 15-
45.040 of this Article. In all other respects, the replace-
ment structure shall comply with the regulations of this
Chapter, including the regulations pertaining to structure
height and impervious cover,
15-45.11 0 Appeals to City Council.
Except as otherwise specified in this Article. a decision
or detennination made by the Planning Commission under
this Article may he appealed to the City Council in accor-
dance with the procedure set forth in Anicle 15.90 of this
Chapter. (Amended by Ord. 22 I ~ 2 (part), 2003)
Article 15-46
DESIGN REVIEW: MULTI-FAMILY
DWELLINGS AND COMMERCIAL
STRUCTURES
II
Sertions:
15-46.010
15-46.020
Purposes of Article.
Requirement for design re,'iew;
public hearing.
Application requirements.
Creek protection setbacks.
Design criteria.
Expiration of design review
approval; extension; tolling of
time period.
Appeals to City Council.
15-46.030
15-46.035
15-46.040
15-46.050
15-46.060
15-46.010 Purposes of Article.
The purpose of this Anicle is to preserve the natural
beauty of the City and to enhance the aesthetic qualities of
its multi-family and commercial districts by requiring de-
sign review of new structures and certain expansions of
existing structures.
15-46.020 Requirement for design review;
public hearing.
(a) In each of the following cases, no building penn it
shall be issued until the proposed improvements have re-
ceived design review approval by the Planning Commis-
sion pursuant to this Aniele:
(l) Any new main structure in an R-M, P-A or C district.
(2) Any expansion over five hundred square feet to an
. existing main structure in an R-M, P-A or C district.
iSaralOf3 Supp_ No.7, M)4)
(3) Any substantial exterior alteration. as detennined
by the Planning Director, to an existing structure in an
R-M. P-A or C district.
(4) Any addition overtwenty-two feet in height to an
existing main or accessory structure in an R-M, P-A or C
district.
(5) Any parking lot in an R-M, P-A or C district cov-
ering an area of one thousand square feet or greater.
(6) Any structure, except a single.family dwelling or
accessory structure, having a gross floor area of one thou-
sand square feet or greater, located in an A, R- I, HR or
R-OS district.
(b) A public hearing on the application for design
review approval under this Article shall be required, No-
tice of the public hearing shall be given not less than ten
days nor more than thiny days prior to the date of the hear..:
ing by mailing. postage prepaid, a nOlice of the time and
place of the hearing to the applicant and to all persons
whose names appear on the latest .vailable assessment roll
of the County as owning property within five hundred feet
of the boundaries of the site upon which the structure, ex-
pansion, alteration, addition or parking lot is to be con-
structed. Notice of the public hearing shall also be pub-
lished once in a newspaper havinB general circulation in
the City not later than ten days prior to the date of lhe
hearing. (Amended by Ord. 7 1.98 ~ ] 2, ] 99] ; Ord. 7 J.lI3
~ I J, 1992)
15-46.030 Application requirements.
(a) Application for design review approval shall be
filed with the Planning Director on such fonn as shall be
prescribed. The application shall include the following
exhibits;
(I) A site plan showing property lines, easements,
dimensions, topography, and the proposed layout of all
structures and improvements including, where appropriate,
driveways, pedestrian walks. parking and loading areas,
landscaped areas, fences and walls. and the species, trunk
diameter breast height (DBH as dermed in Section 15-
50.020(g)). canopy driplines, and locations of all herilage
trees (as dermed in Section I 5-50.020( I)). trees measuring
at least ten inches DBH. and all native trees measuring at
least six inches DBH on the property and within one hun-
dred fifty feet of the property. The site plan shall indicate
the locations of entrances and exits and the direc.tion of
traffic fiow into and out of parking and loading areas, the
location and dimension of each parking and loading space,
and areas for turning and maneuvering vehicles.
(2) Architectural drawings or sketches showing all
e levatjons of the proposed structures as they wiJl appear
upon completion. All exterior surfacing materials and their
352
ORIGINATING DEPT: City Manager
PREPAREDRY' ~
Cathleen Bover. Itv Clerk
CITY MANAGER:
q
6?,;:J /'/
SARATOGA CITY COUNCIL
MEETING DATE: September 6, 2006
AGENDA ITEM:
,-
DEPT HEAD:
Dave Anderson. Citv Manal1er
SUBJECT: Resotution Supporting the Tobacco Tax Act of 2006
RECOMMENDED ACTION:
Adopt resolution.
REPORT SUMMARY:
The initiative, "Tobacco Tax Act of 2006", will be placed on the November 7, 2006 ballot. This
initiative, if passed, would raise the tax rate per pack of cigarettes from $0.87 cents to $3.47, an
additional $2,60 per pack. The proposed initiative would fund six major components: (I) tobacco
use prevention, cessation and enforcement; (2) disease prevention and treatment; (3) cancer and
other disease research; (4) nursing education and training; (5) hospital emergency services; and
(6) children's health insurance.
.--.
FISCAL IMPACTS:
N/A
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
N/A
ALTERNATIVE ACTION:
Council could elect not to support the proposed resolution.
FOLLOW UP ACTION:
Send a certified copy of the resolution to the following: Coalition for a Healthy California, the
organization/City/County's legislative representatives in Sacramento, and to the Speaker of the
California Assembly, Senate President Pro Tempore, and to the Governor,
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Posting of the agenda.
,'-"
ATTACHMENTS:
Attachment A - Resolution
Attachment B - American Lung Association - Information Sheet
,
I
RESOLUTION 06-
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SARATOGA
SUPPORTING THE TOBACCO TAX ACT OF 2006
...../
WHEREAS, the Tobacco Tax Act of 2006 is a state initiative which if passed by voters
in November 2006 would raise the state's tobacco tax by an additional $2,60/pack and the tax
increase alone would prevent 700,000 children currently under 17 years of age from becoming
smokers in adulthood; and
WHEREAS, the Tobacco Tax Act would produce more than $2 billion in annual revenue
to fund children's health insurance, emergency room care, nursing education, disease prevention,
medical research and programs that will reduce smoking, especially among children; and
WHEREAS, 4.5 million Californians smoke and nearly 75,000 a year try their first
cigarette, and these smokers put a significant burden on our economy and our hospitals and
healthcare systems; and
WHEREAS, the Tobacco Tax Act would significantly reduce the burden on state and
local healthcare agencies of treating the uninsured by providing basic health insurance coverage
including primary care and hospitalization to California's 800,000 uninsured children - nearly
10% -- by expanding eligibility and simplifying enrollment in the state's Medi-Cal and Healthy
Families public health insurance programs for children; and ...../
WHEREAS, the Tobacco Tax Act would provide more than 700 community-based
clinics throughout the state with much needed dollars to continue to provide primary health care
services to uninsured and underinsured children and adults, thereby alleviating the overuse of
local emergency rooms; and
WHEREAS, the Tobacco Tax Act will provide needed funds for emergency rooms and
critical care services (seventy California hospital emergency rooms have closed their doors in the
past ten years). Reducing smoking and funding emergency care will help keep community
emergency rooms open.
BE IT RESOLVED, that the Saratoga does hereby support the Tobacco Tax Act of 2006, which
will reduce smoking, especially among children and fund critical healthcare priorities such as
children's health insurance, emergency room care, disease prevention and medical research.
BE IT FURTHER RESOLVED, that a suitable copy of this resolution be transmitted to the
Coalition for a Healthy California and to the organizationlCity/County's legislative
representatives in Sacramento, and to the Speaker of the California Assembly, Senate President
Pro Tempore, and to the Governor.
-/
The above and foregoing resolution was passed and adopted by the Saratoga City Council at a
regular meeting held on the 6th day of September 2006, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Norman Kline, Mayor
ATTEST:
Cathleen Boyer, City Clerk
CThe
ENTER FOR TOBACCO POLICY & ORGANIZING
AMERICAN
LUNG
ASSOCIATION,
The Tobacco Tax Act of 2006
Proposed Tax Increase of $2.60 Would Fund
Tobacco Prevention, Cessation and Research Programs
(February 22, 2006)
Background
On December 13, 2005, statewide health and children's advocacy groups submitted a tobacco tax
initiative for consideration at the November 2006 election. The initiative, 'The Tobacco Tax Act of
2006," would raise the tax rate per pack of cigarettes from $0,87 cents to $3.47, an additional $2,60 per
pack, The proposed initiative would fund six major components: (I) tobacco use prevention, cessation
and enforcement; (2) disease prevention and treatment; (3) cancer and other disease research; (4) nursing
education and training; and (5) hospital emergency services; and, 6) children's health insurance,
Funding for Tobacco Controt Programs
The proposed tax is expected to generate first year revenues of $2.1 billion, Of those revenues, $227.8
million would be allocated for tobacco control and prevention programs. (Note: These are first year
expected revenues only, Projected revenues for subsequent years are expected to decline as the higher tax
rate helps to reduce overall cigarette consumption.) All numbers below are rounded.
Program (Administrative Agency)
Tobacco Related Disease Research (UC)
Tobacco Control Media Campaign (DHS)
Tobacco Control Competitive Grants (DHS)
Local Health Departments Tobacco Control
(DHS)
Tobacco Control Evaluation (DHS)
Tobacco Enforcement (DHSlBoard of
Eqnalizationl Attorney General)
Tobacco School Education Program (CDE)
Tobacco Cessation Services (DHS)
Projected Revenues
(1" fiscat year)
$32,8 million
$55 million
$36.7 million
$34.7 million
$4 million
$18.3 million
$28.5 million
$17.8 million
Existing/New Program
Existing program
Existing program
Existing program
Existing program with new
allocation formula. New tobacco tax
funds will be allocated to local
health departments on a per capita
basis.
Existing program
New program designed to support
enforcement of tobacco control
laws, reduce illegal sales to minors
and reduce cigarette smuggling.
Existing program
Existing program, and new technical
and training assistance, and
expanded services to reach new
communities.
-1-
Backfill of other Tobacco Tax Programs
The proposed tobacco tax would also "backfill" the Proposition 10 Children and Families Commission
Fund, making up for reduced revenues caused by the decline in tobacco consumption after passage of the
new $2.60 tax. This provision guarantees that no funding is lost to the Prop] 0 programs by virtue of the
new tax, Other tobacco tax funds, such as Proposition 99, the Breast Cancer Fund and the General Fund
are not protected in this manner. The 2006 tobacco tax will appropriate funds directly to programs
currently supported by four of the six Prop 99 accounts, as well as to the Breast Cancer Fund.
Sponsors of the Initiative
The Coalition for a Healthy California organized to submit and promote the new tobacco tax. The
Coalition includes the following organizations: American Cancer Society, American Lung Association of
California, American Heart Association, The Children's Partnership, California Hospital Association,
California Chapter, American College of Emergency Physicians, California Emergency Nurses
Association, California Primary Care Association, Tobacco Free Kids Action Fund, Children Now, PICO
California Project, Association of California Nurse Leaders, Emergency and Acute Care Medical
Corporation, and the California Association of Physician Groups,
The Initiative Process
The tobacco tax petition was submitted to the Attorney General's Office in December 2005. On Febrnary
10, the AG's office issued the official title and summary for the initiative. The summary date is used by
the Secretary of State to prepare a calendar of filing deadlines for an initiative. Proponents are allowed a
maximum of 150 days to circulate an initiative and gather signatures, However, an initiative must also
qualify at least 131 days prior to the statewide election where it will be submitted to the voters. The
tobacco tax initiative must qualify for the November ballot by early June. Signatures are expected to be
submitted to the Secretary of State's office for certification in early May,
Required Number of Signatures
Only California registered voters are entitled to sign an initiative petition. In order to qualify an initiative
constitutional amendment, the number of signatures must be at least 8 percent of the votes cast in the last
gubernatorial election. For the November 2006 election, 598,105 signatures will be required to qualify a
constitutional amendment.
For more iniornlation about the Tobacco Tax Act of :;'006, 11S impact on tobacco control in Callfornia and the
initiative process, please contact Meredith I'Jixon, at (916) 442-4299 or mnixon(CValac.orq.
-~he Center for Tobacco PoliCY & Orga!lizing promotes CO!ilmunity ornanlzing strategies to empower local coaliTions
to achievo tobacco policy chango. and serves as a stare tobacco control policy analysis and information
resource. For more information about the Centn please visit htto:/lwww.californialuna.ora/thecenter
- 2-
,.--.
SARATOGA CITY COUNCIL
MEETING DATE: September 6, 2006
AGENDA ITEM:
\0
CITY MANAGER: {i?....:J C /
DEPTHEAD: ~~
ohn Cherbone
ORIGINATING DEPT: Public Works
PREPAREDBy:e~
J n Cherbone
SUBJECT: Agreement Concerning Joint Use of West Valley-Mission Community College
District Property
RECOMMENDED ACTION(S):
Approve Joint Use Agreement with West Valley-Mission Community College District for use of
District Property and authorize the City Manger to execute the same.
.--.
REPORT SUMMARY:
Background:
Over the past few months, the City Council School Ad Hoc comprised of Council Members King
and Streit negotiated a tentative agreement with West Valley College for use of two full size
soccer fields, Acquiring flat grass at school sites has been one of the goals of the School Ad Hoc
since its inception.
More recently, over the past two months, City staff and College officials have worked diligently
to turn the tentative agreement into an official joint use agreement which is now ready for
approval by both governing bodies,
Discussion:
The Joint Use Agreement (Attachment 1) benefits both the City and College with needs that were
previously unmet. The following list provides a summary of the major agreement points that are
contained in the Joint Use Agreement:
,.,...-'"
1. Provides City access to two full size West Valley College play fields for use on
Sundays,
2. Stipulates capital improvements to both College play fields including sand channels and
field expansion at a cost estimated of $250,000.
.
3. Provides revenue to College in the amount of$35 per hour for use of play fields.
4. Provides City with general use credits based on 75% ofthe capital improvement costs.
5. 5 year agreement with a 5 year automatic renewal stipulation.
6. Allows scheduled practices (other than Sundays) on play fields at a rate $35 per hour.
7. Includes City maintenance and technical assistance to College,
8, Provides rainy day policy and penalties for unauthorized use of playfields.
9, Nine designated short term, no fee parking spaces for drop-offs and pick-ups will be
made available.
10. A number of no fee special use parking permits will be issue to the City for distribution to
user group coaches and officials.
.........
In addition to the tangible benefits that the agreement provides, it also provides a vehicle for the
City and the College to begin sharing each other's resources towards the common goal of better
service to the public.
It is therefore recommended that City Council approve the Joint Use Agreement with West
Valley-Mission Community College District for use of District Property and authorize the City
Manger to execute the same.
FISCAL IMPACTS:
. $250,000 for Alternative Soccer Location(s) was recently approved by the City Council
as part of the 2006-07 Capital Improvement Plan update.
. General use credits, which will be used mainly by the Recreation Department, will lower
their operating costs.
. The cost of hourly rental of the fields and maintenance assistance will be passed on to
user groups via separate agreement( s) with the City.
.........
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S):
The Joint Use Agreement would not be approved an access to College sports fields would not
occur.
ALTERNATIVE ACTlON(S):
None,
FOLLOW UP ACTION(S):
The agreement will be executed with the College and field improvements will move forward per
the agreed upon schedule.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Nothing additional.
....,/
AGREEMENT CONCERNING JOINT USE OF WEST VALLEY-MISSION
COMMUNITY COLLEGE DISTRICT PROPERTY
THIS AGREEMENT, dated , by and between THE CITY
OF SARATOGA, a municipal corporation ("City"), and WEST V ALLEY-MISSION
COMMUNITY COLLEGE DISTRICT, ("District"), is made with reference to the following
facts:
A. The District is owner of an educational facility, located on Fruitvale A venue,
known as West Valley College District ("the College"), in which the District has constructed
facilities, including the play fields and parking areas that are the subject of this agreement and
shown on Exhibit "A".
B, City and District desire to execute this Agreement to establish their respective
rights and obligations concerning the use and maintenance of the play fields and parking areas.
NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:
1. Term of Agreement. This Agreement shall become effective upon execution by
the parties for an initial term of five (5) years and shall be renewed on the same
conditions for an additional term offive(5) years (Education Code 81423).
2. Time and Terms of Use,
a, During the term of this Agreement the City shall have the right to use the
parking areas and play fields shown on Exhibit A on the days and times
shown on Exhibit B and at such other days and times as may be mutually
agreed upon by District and City, as long as such City use does not interfere
with educational use by the District of the parking areas and play fields.
b. Each year, the City shall inform the District as to (a) the anticipated specific
starting and ending dates of its use of the play fields and (b) the schedule for
games and practices during the use periods shown on Exhibit B. Such notice
shall be furnished by the City at least thirty (30) days prior to the
commencement of the use period and shall be adopted unless the City
scheduled use of the parking areas and play fields interfere with the District's
educational use of these facilities. If the City proposes use periods in addition
to those shown on Exhibit B, the City and District shall memorialize their
agreement on mutually agreeable dates in the form of a letter agreement
signed by the City Public Works Director (or the Director's designee) on
behalf of the City and the Vice President of Administrative Services (or the
Vice President's designee) on behalf of the District.
c. During scheduled games and practices the City shall be entitled to the
exclusive use of the play fields and shared use of the parking areas. Use of
005175,00001 I] 05635v2
Page 1 of6
the parking area shall be subject to rcgular parking regulations and fecs cxccpt
that there shall be nine (9) designated short.term, no fee parking spaces
designated for City use and a number of no fcc special use parking pcrmits
issued to the City for distribution to coaches and officials of soccer user
teams, At all other times, the play fields remain open for use by the District.
City may authorize use of the play fields and parking areas pursuant to this
Agrcement by private user groups ("Users") operating pursuant to a City
permit or agreement only if such use by private user groups is scheduled by
the City in Exhibit B.
3. Fietd Improvements and Facility Rental Credit. City shall install sand channel
drainage improvcments at both play fields and widen Grass Play Field #2 shown
on Exhibit A to a width of 195 feet. Construction of these improvements shall
commence after January I, 2007 with an estimated completion date of April 1,
2007 and shall be completed no later than June I, 2007. The estimate cost of
these improvements is $250,000. Following completion of the improvements
City shall provide District with a statement documenting the actual cost
("Improvement Cost"), District shall provide City a credit in the amount of
seventy-five percent (75%) of the Improvement Cost which credit may be applied
by City towards the cost of renting District facilities (e,g" tennis courts,
conference rooms, etc. exclusive of personnel costs) other than the play fields and
parking areas that are the subject of this agreement. Rental credits shall be used
within the term of this Agreement.
4. Responsibilities of City. City shall be responsible for the following:
a, Construction of the improvements described in section 3,
b. Providing portable restroom facilities (including scheduled sanitation service)
for use by Users. These facilities shall be locked following each us(: of play
fields and unlocked at the commencement of each use unless other use is
requested by the District.
c. Advise the District as requested regarding field maintenance procedures.
d, Make equipment and personnel available to assist District with field
maintenance (e.g" thatching, core aeration and plug pickup, slit aeration,
seeding field, dethatching, and top dressing) at times when equipment and
personnel are not required for City projects.
e, Clean up of litter and debris after each use of the fields and parking areas and
deposit of all garbage in District trash containers located at the play fidds.
f. Prepare fields for use prior to each practice and game (e.g., lining of ilelds,
relining following mowing, adjustment of goal locations, etc.),
005175.00001/1 05635v2
Page 2 of6
005175.0000J/I05635v2
g. Making arrangements with District for a preseason inspection of the play
fields at least 30 days prior to the beginning of the use period. City and
District shall mutually develop a schedule of proposed maintenance activities
and related down times at this preseason meeting.
h, Field use monitoring at regular intervals during use periods.
1. During periods of inclement weather, City or the District shall cancel
activities if it has rained in the past 24 hours or if the play fields, as
determined by the Director of Public Works in consultation with the District,
are deemed to be in an unplayable condition at activity time. The City will
post signage at each field stating "Field Closed Today",
J. Unauthorized use of the play fields by private user groups operating pursuant
to a City permit or agreement may result in a penalty as determined by the
City as follows:
I st Penalty during season: No use of play fields for up to one week.
2nd Penalty during season: No use of play fields for up to one month,
3'd Penalty during season: No use of play fields for up to the remainder
of the season,
5. Responsibilities of District. District shall be responsible for the following:
a. Field set up and maintenance including, but not limited to, field mowing,
irrigation and maintenance of the field irrigation system.
b. Removal of trash from the trash containers located at the play fields and clean
up of any litter and debris on play fields preceding use of play fields by City,
c. Attending a pre-season meeting with City for a preseason inspection of the
play fields at least 30 days prior to the beginning of the use period.
d, Providing the District facility rental credit as described in section 3,
6. Service charge.
a. In consideration for the exclusive use of the play fields and the inkind value of
maintenance assistance by the District, the City shall pay a service charge to
the District in the amount of $35 per hour or portion thereof that the
playfields are used by City or City authorized private user groups. Play field
charges shall not apply to days cancelled due to inclement weather. No other
group shall pay less than the City for use of the same play fields.
b, City shall pay an estimated service charge each year no later than July 1 based
on the estimated use level expected between July 1 and the following June 30.
Page 3 of6
The estimated service charge shall include a credit for any excess payments
made for the prior year and shall include an additional payment for the
amount of any charges incurred beyond the estimate for the prior year.
7. Legat Responsibility/Insurance,
a. Neither the District nor any officer or employee thereof shall be responsible
for any damage or liability occurring by reason of anything done or omitted to
be done by City under or in connection with arty action or inaction of City in
connection with its management or its pennitees or use of the property
described in Exhibit A of this Agreement. Pursuant to Government Code
895.4, City shall fully defend, indemnify, and save harmless District from all
suits, claims or actions of every name, kind and description brought on for or
on account of injury (as defined in Government Code section 810,8) occurring
by reason of anything done or omitted to be done by City or its perrl1itees in
their use of the property described in Exhibit A of this Agreement.
b. Neither City nor any officer or employee thereof shall be responsible for any
damage or liability occurring by reason of anything done or omitted to be
done by District under or in connection with any action or inaction of District
in connection with its management or use of the property described in Exhibit
A of this Agreement. Pursuant to Government Code 895.4, District shall
fully defend, indemnify, and save harmless City from all suits or actions of
every name, kind and description brought on for or on account of injury (as
defined in Government Code section 810,8) occurring by reason of :mything
done or omitted to be done by District or its pennitees in their use of the
property described in Exhibit A of this Agreement.
c, Each party shall maintain public liability insurance, including "self-insurance"
or its equivalent with limits of not less than two million dollars ($2,000,000)
Combined Single Limit Bodily Injury on occurrence form which insurance
shall be primary and not contributing with any other insurance, self insurance,
or reinsurance in effect for the other party. City and District each waive the
rights of subrogation that may arise against the other due to any act covered
by insurance. District and City shall provide each other with Certificates of
Insurance, naming the other as additional insured under their respective
policies to the extent that the conduct giving rise to the claim is the
responsibility of the other party under the terms of this Agreement. Each
Party shall promptly notify the other of any claim or of any occurrence which
the Party reasonably believes may give rise to a claim against either Party
arising out of the administration or management of the facilities or the
programs conducted by City at the property described in Exhibit A.
8.
Contract Administration.
005175.00001/105635v2
Page 4 of6
005175.00001/1 05635v2
a. This Agreement shall be administered on behalf of City by the Public Works
Director.
b. This Agreement shall be administered on behalf of District by the Vice
President of Administrative Services,
9. Termination. In accordance with Education Code section 81378.1(c), the
District may terminate this agreement after 60 days' notice if the District
determines at any time during the term of the agreement that the space subject to
this agreement is needed for academic activities. District may also terminate this
agreement in the event of a material breach by City which breach has not been
cured by City within 90 days of notice from District of the breach,
Notwithstanding any termination the facility rental credit established by Section 3
shall remain in effect until exhausted. In the event of early termination of this
agreement by the District, unused facility rental credits shall remain in force as
per otherwise provided by this Agreement.
10. Notices. All notices or communication concerning a party's compliance with the
terms of this Agreement shall be in writing and may be given either personally, by
certified mail, return receipt requested, or by overnight express carrier directed to
the address specified below, The notice shall be deemed to have been given and
received on the date delivered in person or the date upon which the postal
authority or overnight express carrier indicates that the mailing was delivered to
the address of the receiving Party.
Notices to City shall be sent to:
John Cherbone
Public Works Director
City of Saratoga
13777 Fruitvale Avenue
Saratoga, CA 95070
Phone: (408) 868-1241
Fax: (408) 868-1281
With a copy to:
City Clerk
City of Saratoga
13777 Fruitvale Avenue
Saratoga, CA 95070
Phone: (408) 868-1269
Fax: (408)868-8559
Notices to District shall be sent to:
Page 5 of6
Vice Presidcnt of Administrative Services
West Valley College
14000 Fruitvale Avenue
Saratoga, CA 95070
Phone: (408) 741-2056
With a copy to:
Vice Chancellor
West Valley-Mission Community College District
14000 Fruitvale Avenue
Saratoga, CA 95070
Phone: (408) 2082
11. Successors and assigns. This Agreement shall inure to the benefit of and shall be
binding upon the successors and assigns of the parties hereto.
12. Authority. Each signatory hereto hereby represents and warrants that he or she is
duly authorized to enter this Agreement on behalf of the entity to be bound by this
Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement the day and year
last signed below.
WEST VALLEY-MISSION COMMUNITY
COLLEGE DISTRICT
DATED:
By:
Stan R, Arterberry, Chancellor
CITY OF SARATOGA
DATED:
By:
Dave Anderson, City Manager
APPROVED AS TO FORM:
DATED:
RICHARD S. TAYLOR
Attorney for City of Saratoga
005175.00001/I05635v2
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