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HomeMy WebLinkAbout11-20-2002 City Council Agenda Packetr AGENDA REGULAR MEETING SARATOGA CITY COUNCIL NOVEMBER 20, 2002 OPEN SESSION - 5:3 0 P.M. ADMINISTRATIVE CONFERENCE ROOM -13777 FRUITVALE AVENUE COMMISSION INTERVIEWS 5:30 p.m. Shannon Newton Library Commission 5:40 p.m. Pragati Grover Library Commission 5:50 p.m. Anne Cross Library Commission CLOSED SESSION- 6:00 P.M. -ADMINISTRATIVE CONFERENCE ROOM, 13777 FRUITVALE AVENUE. ANNOUNCEMENT OF CLOSED SESSION ITEMS CALL MEETING TO ORDER - 6:00 P.M. ANNOUNCEMENT OF CLOSED SESSION ITEMS ADJOURNED TO CLOSED SESSION - 6:00 P.M. Conference with Legal Counsel -Threatened litigation (Gov't Code 54956.9(b): (2 potential cases) Conference With Legal Counsel -Existing Litigation (1 case) (Government Code section 54956.9(a)) Name of case: City of Saratoga v. West Valley-Mission Community College District (California Court of Appeal, Sixth Appellate District No. H022365) REGULAR MEETING - 7:00 P.M. -CIVIC THEATER/COUNCIL CHAMBERS AT 13777 FRUITVALE AVENUE MAYOR'S REPORT ON CLOSED SESSION PLEDGE OF ALLEGIANCE ROLL CALL ARCHIVE COPY REPORT OF CITY CLERK ON POSTING OF AGENDA (Pursuant to Gov't. Code 54954.2, the agenda for this meeting was properly posted on . November 15, 2002) COMMUNICATIONS FROM COMMISSIONS & PUBLIC Oral Commnnications on Non-Agendized Items Any member of the public will be allowed to address the City Council for up to three (3) minutes on matters not on this agenda. The law generally prohibits the council from discussing or taking action on such items. However, the Council may instruct staff accordingly regarding Oral Communications under Council Direction to Staff. Communications from Boards and Commissions None Written Communications None Oral Communications -Council Direction to Staff Instruction to Staff regarding actions on current Oral Communications. None CEREMONIAL ITEMS None SPECIAL PRESENTATIONS 1 A. Presentation -Kathy Creswell, Housing and Community Development CONSENT CALENDAR The Consent Calendar contains routine items of business. Items in this section will be acted in one motion, unless removed by the Mayor or a Council member. Any member of the public may speak to an item on the Consent Calendar at this time, or request the Mayor remove an item from the Consent Calendar for discussion. Public Speakers are limited to three (3) minutes. 2A. Review of Check Register Recommended action: Approve check register. u 2B. Fiscal Yeaz Ended June 30, 2002 Comprehensive Annual Financial Report . Recommended action: Accept report. 2 2C. Planning Action Minutes -November 13, 2002 Recommended action: Note and file. 2D. FY 2002-2003 CDBG County/City Contract Recommended action: Adopt resolution and authorize City Manager to execute contract. PUBLIC HEARINGS (Applicants/Appellants and their representatives have a total of ten minutes maximum for opening statements. Members of the public may comment on any item for up to three minutes. Applicant/Appellants and their representatives have a total of f ve minutes maximum for closing statements. Items requested for continuance are subject to Council's approval at the Council meeting) 3. Major Update and Amendment to the Tree Ordinance Recommended action: Open public hearing; close public hearing; adopt resolution granting the Negative Declaration of Environmental Impact the Ordinance Amendment; waive first reading; place item on Consent Calendar for the next regular meeting for adoption. 4. Amending Side Yard Setback Requirements Recommended action: Open public hearing; close public hearing; waive the first reading; place item on next agenda for adoption. OLD BUSINESS Report and Recommendation from the Committee Interviews of City Arborist Services Candidates Recommended action: Confirm the recommendation and authorize City Manager to execute contract. 6. Saratoga Library Project Update Recommended action: Consider proposal for substitution of aggregate instead of smooth concrete for the walkway from Fruitvale to the front of the Saratoga Library; consider the addition of curbing in the parking lot at the Saratoga Library. NEW BUSINESS 7. Planning for the Saratoga Library Grand Opening Celebration Recommended action: Accept report and direct staff accordingly. 8. Contribution to Friends of the Saratoga Libraries "Furnishing the Future" . Campaign Recommended action: Accept report and direct staff accordingly. 9. City Property Located at Quito/1'ollard Road Recommended action: Accept report and direct staff accordingly. 10. Gardiner Park Access Trail Adjacent to Wildcat Creek Recommended action: Accept report and direct staff accordingly. Arts Commission Waltonsmith Planning Commission Mehaffey Parks and Recreation Commission Baker Finance Commission Baker Library Commission Waltonsmith Public Safety Commission Streit Heritage Preservation Commission Bogosian Youth Commission Mehaffey Gateway Task Force Streit Library Expansion Committee Bogosian CITY COUNCIL ITEMS OTHER CITY MANAGER'S REPORT ADJOURNMENT In compliance with the Americans with Disabilities Act (ADA), ifyou 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 Cily to make reasonable arrangements to ensure accessibility to this meeting (28 CFR 35.102-35.104 ADA Title II) • u C1 ~.~;. _~. ... ,,,. CITY OF SARATOGA CITY COUNCIL MEETING CALENDAR 2002 12/4 Regular Meeting 12/10 Adjourned Meeting -Council Reorganization 12/18 Regular Meeting O1/O1 Holiday -Meeting Cancelled 01/07 Adjourned Meeting Ol/15 Regular Meeting **Please note that all meetings start at 7:00 p.m. unless otherwise posted. Regular Meetings are held in the Civic Theater, 13777 Fruitvale Avenue. Adjourned Meetings are held in the Adult Day Care Center, 19655 Allendale Avenue. 5 SARATOGA CITY COUNCIL MEETING DATE: November 20, 2002 ORIGINATING PREPARED BY: AGENDA ITEM: CITY MANAGER: '~~-~G~---~--- DEPT HEAD: SUBJECT: Commission Intervie~s for Library Commission RECOMMENDED ACTION: That Council conduct interviews. REPORT SUMMARY: The following people have been scheduled for interviews: 5:30 p.m. Anne Crosse Library Commission 5:40 p.m. Shannon Newton Library Commission 5:50 p.m. Pragati Grover Library Commission There are two (2) vacancies to be filled on the Library Commission. One vacancy is to fill expired term of Anne Cross and the other vacancy is to fill the unexpired term of Ci Ci O'Donnell. On August 17, 2002 the City Council adopted Ordinance 208, which established the manner in which membership on City Commissions is staggered. On September 18, 2002 the Council reappointed Marcia Manzo to fulfill a term expiring on 10/01/2005 and Bob Chandra to fulfill a term expiring on 10/01/2006. In regazds Cathy Foscato whose term also expired on October 1, 2002, staff investigated her appointed and discovered that the Monte Sereno City Council chooses their own representative and they have reappointed her Ms. Foscato. The two newly appointed Commission members and Ms. Foscato could be appointed to one term. expiring on 10/01/2005, 1G/O1/2006, or 10/01/2008. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: Appointment will not be made to the Library Comrrrission. t ALTERNATIVE ACTION: N/A FOLLOW UP ACTIONS: Place item on next agenda for adoption of resolutions and Oaths of Office. ADVERTISING, NOTICING AND PUBLIC CONTACT: Notices of vacancies were advertised. in the Saratoga News several times. ATTACHMENTS: Attachment A -Applications of the above named applicants. OCCUPATION AND EMPLOYMENT HISTORY: DATE: CITY OF SARATOGA COMMISSION APPLICATION FORM SEP I 12002 COM_IvIISSION APPLYING FOR: ~MS. - ~71 Vl ~> MR. TELEPHOr ADDRESS: YEAR YOU BECAME A SARATOGA RESIDENT: / 7 /~J ANNE w. CROSS 19984 Wellington Court, Saratoga, CA 95070-3813 ARE YOU A REGISTERED VOTER IN THE CITY OF SARATOGA? C.~f;~ . WOULD YOU BE ABLE TO ATTEND DAYTIME MEETINGS? ~ ~ ~Y WOULD YOU BE ABLE TO ATTEND EVENING MEETINGS?~L~~ BRIEFLY DESCRIIiE YOUR INVOLVEMENT IN EACH OF THESE AREAS r ~ /~ ~{ :1'l~ ~% /~~-~C~G~'1 ~ -f~CC ~ a ,jl r~ u~ -~!S/nG~3~ /11d 7fL:iC-a EDUCATION/IA,,L BACKGC~ROUND: ,~f~ /~ C_~ 4 ADDITIONAL INFORMATION OR COMMENTS: REFERENCES: (Provide Name and Phone Number) PRINT NAME: ~``~ ~~ ~~ ~ ~,I~S S SIGNATURE: 1/1 ~~ ~~ C~4 ` 5 CITY OF SARATOGA `` COMMISSION APPLICATION FORM - ~ ` t'V ^ ~.~ ~JI DATE: ~ ~ ~ ~ (p ~ OZ ~~- .~~ COMMISSION APPLYING FOR: , ~OV ~c / ~ Owe Yv~ ~ 5 5 ~ dh MS. ~~~~ 5,~ ate, ,~~n-, MR. TELEPHONE: C ~ ~a~ ~1 - ~'I ~-f ZS HOME WORK ADDRESS: owl ~~ k~ - b/",c~- `~;• . Say-2~-~/o'°L, ~F~ 1 S~7 O YEAR YOU BECAME A SARATOGA RESIDENT: o2Gb0 l ~CISo ~ `1 ~ L - (~I ~ ~ ARE YOU A REGISTERED VOTER IN THE CITY OF SARATOGA? ~(~J WOULD YOU BE ABLE TO ATTEND DAYTIME MEETINGS? drl z 1 "'1^ ~-~' ~ a `-' ' . WOULD YOU BE ABLE TO ATTEND EVENING MEETINGS?~~2 S BRIEFLY DESCRIBE YOUR INVOLVEMENT IN EACH OF THESE AREAS CURRENT OCCUPATION AND EMPLOYMENT HISTORY: U'~•\cAr-~,r - zSk-S' ~{ yr. a-5 ~ ~ ~~Z ~e,a~_S lore-v:o~.~~~t~ :~ i r~ ~~~ ~1~ EDUCATIONAL BACKGROUND: ~otle~u-~ ~,A. U.C.'i~av;s Ma~ay :`~~~;+,~~~ Sct~~-~, ~1 , r tdr' ~1~5 ~ h:--SS l-~«~'r Svin~~~ '. Asa-~~-+-o~,~ ~4;~'V, Sct~~~i r.~.s 4 ADDITIONAL INFORMATION OR COMMENTS: 1 ~'a.~+i_. h.cFir~ Z lt.SX/~/ G' L ..YL~.c. ~'~•+-~-+o~d L, 17~ra„~ ~yvv VY~pS} ~'} VY\L~j ~t t.y~(_,j aM.ril Vlow -I~~o-h V1`•~.I ~•~ .:. • 1cl'i j - `~--1-Y1~cc~ l~~-~ ; ~ •2~F-~-~ Vy~~ Gyi ~ lC( /2-v, .•l.t, ~ t~~z~..x_ r",~,U. ~ a. -p ?,1-rJV~s a5 wetl . ~ ~1 -~'~-~~ `-~' e a-~.. bes•~ 5~~v,i-~ d'L._e_ Gc~w.m,nvi.~c~, lit -}'~~ 5 Y»~-Z w~uire S l~T./G vj,rd~-~ ~~P"^',einc:.~ ;,v,-vV~ ~, S~rV•~ o~i-F-er2ca~ ~.z4 Z h~~'h 1-Z.ut-1 oi- c~ r~o:,~.~ ~ n.lwcsl- REFERENCES: (Provide Name and Phone Number) 1. l~b~,~. ~ ~~ l.~ ~J~$ - ~ ~ t '] -_ --- - --- 2. ~u~ti2 Nevt~' S-j3-~S~f`1 ~. ~rtx Cross o(0 "1 - I~-I~I~-( PRINT NAME: ~~ a"~ /'~-P/y1 ~ " u/J +~1~ SIGNATURE: CITY OF SARATOGA COMMISSION APPLICATION FORM DATE: i0- 73- 20Dv aooz ~ z ~ ~~ COMMISSION APPLYING FOR: ~ L C31: A (Z ~ (/ U N Nj ,v S S cC~ N/ ..~ ~~AC~ATZ G~'C~~'~~ ~. TELEPHONE: ~ ~~~ 7~ ~- ~j t C C ~.l o N i, HOME WORK ADDRESS: l °~ l CG (. AM.LI~y b~ G(~, ~,'s ~A J li CAA DSO ~L7 YEAR YOU BECAME A SARATOGA RESIDENT: 1 q q ~ ARE YOU A REGISTERED VOTER IN THE CITY OF SARATOGVA? ~ t 5 WOULD YOU BE ABLE TO ATTEND DAYTIME MEETINGS? 1 G5 • WOULD YOU BE ABLE TO ATTEND EVENING MEETINGS? & 5 BRIEFLY DESCRII3E YOUR INVOLVEMENT IN EACH OF THESE AREAS CURRENT OCCUPATION AND EMPLOYMENT HISTORY: 4-~k(~C N~IdT SC-NiiDL '~T~ ~C%~~ JMEM '(~--~ S.Af~/-4 iC-'C-~~j V ~_~~~c-~tiiC'N 1-G~~N.~~1r`r~01~ ~S~F) ,~CA7~i~ Ni~i~~~~G~'-, ~x- I,ke>, _7i; N7 IND~An1 33JSr`N~SS ,~!' Yn~'vI=ESSi i~~4'F1L. G.;{~~CN~1~~G_ f •~ ~ ~ ~,~'C ~ K e _~ ~~ 1w~ L~`C- ~~ L~ i~~~/VS ,~ C1~A/C-/ l,'Nr.z c_. i`~)°i 7~ EDUCATIONAL BACKGROUND: ~ c 13•Fj YOL17~c~i S~iC--1JGE , ~;~~; ~L=L1t.L I1ul~ift' , M, ~ DG~RL l~vo ~K , uo -ti~ ~3~ (~~~ ~ S• ~ ASS C,~MMUNi[,A IipNS, ~~~~ ~'ttn; J~s~ Sidi i E c~H;~; u. s. ,a 4 s ADDITIONAL INFORMATION OR COMMENTS: d.,'~ l~ riR~/ IS Ct V f.~.~.1 _ i i'11 ~f tati~ DGL ~' `~ ~hn ~c i ~s .4•v~~lu,c~Q1r~ c~UDU~ ~• i r )I~G! 4LL ~;G.x(.1~. ~9 ~ r !~~ ~ ~vIC~( lY1G~ ~I,t, JCti~I! ~~ C ~; fcd. Cy 1 ~ ~ ~ ~ ~1 iL v~ ~1'? I'll (,(,~VVt ~ ~ \ REFERENCES: (Provide Name and Phone Number) I. ~v1P,s~ suL p,~~oo~s , I~~;>~c.`~p~L p;RC~oNr~~~r : ~~' ~h•7~~I- 2. l~~a .1o~~+~so~ yo ~ ,g 6 7 _ ~g ~ ~; (~ TA ~~~~_ s; ~~ N ~) 3. ~`1~yA r3aa~ , ~ro~-~6s-~fi~ S 3 ~5~~ ~,o,~~_>> PRINT NAME: f ~ ~ Ca A T L C-7 ~D ~~ G ~-- SIGNATURE: .!~ ~~7~to C~hti'/~ 5 i CITY OF SARATOGA . COMMISSION APPLICATION FORM DATE: 8-29-02 u, , ., t: `!Jt' COMMISSION APPLYING FOR: r,I~'tAPY MS. MRS. ~A.T"Y FOSCATO MR. TELEPHONE: HOME WORK ADDREJS: lis i77 Taxin~t nn 7ri vpy Mp,ata C'e„tpnn YEAR YOU BECAME A SARATOGA RESIDENT: MONTE SERENO ARE YOU A REGISTERED VOTER IN THE CITY OF SARATOGA? WOULD YOU BE ABLE TO ATTEND DAYTIlvIE MEETINGS? Ye s WOULD YOU BE ABLE TO ATTEND EVENING MEETINGS? ye s • BRIEFLY DESCRIBE YOUR INVOLVEMENT IN EACH OF THESE AREAS CURRENT OCCUPATION AND EMPLOYMENT HISTORY: Housewife/ Community Volunteer EDUCATIONAL BACKGROUND: B.A. University of Colorado M. A. Boston University • 4 s ADDITIONAL INFORMATION OR COMMENTS: Currently Monte Sereno representaive on the Library Commission Past President, Friends of the Saratoga Libraries Past Roard Members of the Hakone Foundation Member of Phelan Library Committee, Montalvo REFERENCES: (Provide Name and Phone Number) I Marcia Manzo 2, Dolly Barnes 3 Mary Jean Fenn PRINTNAME: Cathy (CAthren ) Foscato SIGNATURE: ~ ~ ~G`' 5 SARATOGA CITY COUNCIL MEETING DATE: November 20, 2002 AGENDA ITEM: ORIGINATING DEPT: Administrative Services CITY MANAGER: ~~--~Cu-<-- PREPARED B ~ DEPT HEAD: SUBJECT: Check Register: 11/13/02 RECOMMENDED ACTION(S): Approve the Check Register. REPORT SUMMARY: Attached is the Check Register. FISCAL IMPACTS: None CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): None ALTERNATIVE ACTION(S): None FOLLOW UP ACTION(S): .None ADVERTISING, NOTICING AND PUBLIC CONTACT: None ATTACHMENTS: Check Register Certification. ti _ ~ ~ ~ '~~ f~" Fyn. C74Z~>U"i "X' ~ a. ~£T `4fi^~ ~ ~ ~ x ?C`'K~R ,1S " , 3 ~ ~. t } Y ' ' a 'r ~k~> Lj `i " N y )~ ~ ~ '~ ~ ~~ s ^ _ `} .~ ". .,, , r y i ~^ ` ? y N:.:' ..m . a .. {~~r...." a a!d! .~n5 L~: Y'. x i t ~' u Fund# Fund Name Date Manual Void 11/13/2002 Checks Checks ~~~ AP CHECKS A90739-90923 : ~~ 1 GENERAL 383,547.75 525.60 ! ~ ~ 100 .COPS-SLESF ,v ~ s 110 Traffic Safety 150 Streets & Roads 19,714.73 18,089.00 160 Transit Dev ~~ 170 Hillside Repair 180 LLA Districts 8,254.96 ' ~;•3r~ 250 Dev Services 6,851.10 „~~~" $ 260 Environmental 1,911.57 e .~-- a;3. 270 Housing & Comm ~`~ ,-, ,; 290 Recreation 19,581.74 x; ;rte 291 Teen Services 427.24 ;,:,m ``''`" 292 Facility Ops 1,300.00 300.00 t~~a' 293 Theatre Surcharge ,..~ ~:; ;~a 300 State Park ~~` k- 310 Park Develpmf k1s" 320 Library Expansion 75,987.19 %€: 352 Infrastructure 7,047:95 46,100.94 353 Facility 354 Park and Trail 8,772.24 175,347.23 400 Library Debt 410 Givic Cntr COP 420 Leonard Creek 700 Quarry Creek 710 Heritage Prsvn 720 Cable N 730 PD #2 740 PD #3 800 Deposit Agency 810 Deferred Comp 830 Payroll Agency 990 SPFA Subtotal 533,396.47 240,362.77 PAYROLL CHECKS: 628530-28576 TOTAL C Prep ar d by : Date: ~ ~ e Approved by: Apr-99 .. ^ m W w w a a a W m o m o O O w ~~ o 0 0 000 7F. o o n m N 2 ~ m a a a o m m uni ~ m m ~- r r rv m ^ o?a r N n m .. .. .. .. .. ., .. 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Nam rvr z N w O O O a N p O O O O O O O O r ~ F F 2 ~ O O O O O, ,-~ O i m m M n p P N N O O ~ N N N N 'i N '1 N N~ '1 Yl z ££ W a y N N M P w a X m W Y U W 5 U V1 a Y o w w w o o « a a w a ma a a a a a a aw. a a W a a\ a ~ a ~ a a a a a W. x F F O F F W F F E F F F F a y O vi O Z O rxi O O O O O O 0 7 F > F F F O F ~ F W F W F F F F F F m W W a u u a x z w w W w W w w W a a a W W o a o a W W W a W W W a s o} a z w o a o z o W w o w o a o w o w o w w w o o z a 4 q a o o £ Z o w q W q o q o q W a a o O w a Z Z Z x W O Z w ; a x a Z W x w a a Z Y Z w F j N £ a ~ U rai W O W F W F W a w qq W O W O w O O O W Wa W X O O\ w .. . \ W > > 4 J w w > 2 ~ 5 > F > F > F F F > 4 > W F w m F a ~ x 0 Q ~ W U U ~ 5 7 7 7 M a 0 a\ ~N~ off o w F> W w a W aWa w az Zq Z O zqU U F F F F F a F 4 W„ q~ 3 ri H 4 £ C O ~ rZi H iZi ,Zi rZi Q F O W„ ow FO ow za o W a % N N p p p N w N N f x O JOB N OZ~ U U o0 4 O O M O n N N N N N N ry N M U W 2 N N N N N 7 O O W O O O O O \ F~ ry N N N N N N N Y a m \ \ \ \ \ U q i W .+ \ W U n S ~ \ \ \ \ U > o \ W .... .. .. .. .+ .. .. ., .... ., aaa z~ qr r ~z ~~ 2mr tUgmm vi 6 (qo qoo O N N Z N Z N Z N N a N a a O W p a N M Z M U p m O w ~vmi Fe W m PP w.. .~ am 2r m m -~ SO ~ wp 4,u Oe FMM >,n .,n Wm >,n rq ,n ,nn Ur p ~ W Ux ~ ('lN N Vi NON W N ON aN aNO W Nry ZNO O Fo o Fo W Fo ao 0o rZi £ 00 O i Z O 4 O O ~ O a O u O O w O ~ O W O ry O O Q O ~~P~'o ~ v ~ w ~d ~ w~ o~ z a O H O F Z F a S F q n y m W nF,Z m m a O m aP p W a W W 3 W a O a £. x a 5 n U Q~> 3 W 3 > Y £ W a S P U' L1 a ~ 1 Ory ry0 m w£W~OU rP n ,ow Wao ~ z mp n e,n., °m u. vii ea 6UY i p>0x ~ N NN \ P N P N•~•+n N W WOF~Z2 N O m p ry a W , w o m o .~. a p oo P p p p oo W a au~> 0 0 0 0 0 0 0 0 SARATOGA CITY COUNCIL r MEETING DATE: November 20, 2002 AGENDA ITEM: ~-f ~~ ORIGINATING DEPT: Admin. Services CITY MANAGER: ~~ PREPARED BY: ~- -DEPT HEAD: ~~'~%~ SUBJECT: Fiscal Year Ended June 30, 2002 Comprehensive Annual Financial Report ACTION(S): Accept the fiscal year ended June 30, 2002 Comprehensive Annual Financial Report (CAFR). REPORT SUMMARY: The CAFR is prepared pursuant to applicable federal, state and local statutes that requires the City of Saratoga to annually report its financial position and activity, and that an independent firm of certified public accountants audit this report. Responsibilities for both the accuracy of the data and the completeness and fairness of the presentation, including all disclosures, rests with the. City's management. To the best of our knowledge and belief, the reported data is accurate in all material respects and is reported in a manner that presents fairly the financial position and results of operations of the City's various funds and account groups. This report was prepared in accordance to the new Governmental Accounting Standards Board #34 (GASB 34) requirements. All prior year audit recommendations have been satisfied. No management recommendations or reportable conditions were noted during the City's annual financial audit resulting in a very clean bill of health. FORMAT OF THE FINANCIAL REPORT: The CAFR is presented in the following three sections: I . Introductory Section -.The introductory section, which is unaudited, includes the letter of transmittal, a list of the City of Saratoga's elected officials and administrative personnel, an organization chart, the Government Finance Officers Association's (GFOA's) of the United States Certificate of Achievement for Excellence in Financial Reporting and the California ~~ Society of Municipal Finance Officer's (CSMFO} Certificate of Award for Financial Reporting to the City of Saratoga for its CAFR for the fiscal year ending June 30, 2001. . 2. Financial Section -The basic financial statements include management's discussion and analysis, government-wide financial statements,: fund financial statements, notes to the financial statements, and required supplementary information as well as the auditors' report on the financial statements and schedules. In the Financial Section, the City provides a Management's Discussion and Analysis, a new format prescribed by the provisions of GASB #34 which provides financial highlights, an analysis of the City's basic financial statements, the City's economic ,outlook and proposed major initiatives. 3. Statistical Section -Includes selected financial and demographic information, which is generally presented on amulti-yeaz basis and is unaudited. CONSEQUENCES OF NOT FOLLOWING 12ECOMMENDED ACTION(S): None. ALTERNATIVE ACTION(S): None. FOLLOW UP ACTION(S): Accept and file the report. Distribute reports to interested parties. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: 1. Comprehensive Annual Financial Report for the fiscal year ended June 30, 2002. 2. Recommendations to Management. 2of2 >~ _~I SARATOGA CITY COUNCIL MEETING DATE: November 20, 2002 DEPT: Community Development PREPARED BY: Kristin Borel AGENDA ITEM: CITY MANAGER: ~---~~~~ _ ~_ DEPT HEAD• SUBJECT: Planning Commission Actions, November 13, 2002 RECOMMENDED ACTION(S): Note and file. REPORT SUMMARY: Attached are the Planning Commission Action Minutes of November 13, 2002 FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): N/A ALTERNATIVE ACTION(S): N/A FOLLOW UP ACTION(S): N/A ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: Action Minutes -Saratoga Planning Commission CITY OF SARATOGA PLANNING COMMISSION- ACTION MINUTES DATE: Wednesday, November 13, 2002.7:00 p.m. PLACE: Council Chambers/Civic Theater, 13777 Fnntvale Avenue, Saratoga, CA TYPE: Regular Meeting . ROLL CALL: Commissioners Barry, Garakani, Hunter, Kurasch, Roupe, Zutshi and Chaim. Jackman Absent:. Commissioners Barry, Kurasch 8t Chair Jackman Staff: Planner Oosterhous, Director Sullivan &t Minutes Clerk Shinn PLEDGE OF ALLEGIANCE MINUTES: Draft Minutes from Regular Planning Commission Meeting. of October 23; 2002. (Continued to 12/1U02) ORAL COMMUNICATIONS -Any member of the Public will be allowed to address. the Planning Commission for up to three minutes on matters not on this agenda The iaw generally prohibits the Planning Commission from ducussing or taking action on such items. However, the Planning Commissionmay instructstaffaccordingly regardingOral Communications underPlanningCommissiondirection toStaff. REPORT OF POSTING AGENDA _ Pursuant to Government Code 54954.2, the agenda for this meeting wasproperly posted on November 7,.2002. REPORT OF APPEAL RIGHTS If you wish to appeal any decision on this Agenda, you may file an "Appeal Application" with the City Clerk within fifteen (IS) calendar days of the date of the decision, pursuant to Municipal. Code 15-90.050 (b). CONSENT CALENDAR 1. RESOLUTION OF DENIAL #02-053, APPLICATION #O1-044 (403-28-034) - AZIZI, 18360 Purdue; -Denial. of Design Review application to construct atwo-story single-family residence on a 8,040 square foot lot. The floor area of the proposed residence and attached two- cargarage is 2,923 square feet. The maximum height of the residence would be 20 feet. The site is zoned R-1-10,000. (OOSTERHOUS) (APPROVED 3-1, GARAKANI OPPOSED) PUBLIC HEARINGS All interested persons may appear and be heard at the above time and place. If you challenge a decision of. the Planning Commission pursuant to a public hearing in court, you may be limited to raising only those issues you or someone else raised at the public hearing(s) described in this agenda, or in written correspondence delivered to the Sazatoga Planning Commission at, or prior to, the public heazing. In order to be included in the Planning Commission's information packets, written communication should be filed on or before the Monday, a week before the meeting. 2. Application #02-190 - (397-O1-012), SAINT ARCHANGEL .MICHAEL SERBIAN ORTHODOX CHURCH, 18930 Allendale Avenue; -Request for General Plan -Land Use Map Amendment from Residential Very Low Density to Quasi-Public Facility. The proposed General Plan Land Use Map Amendment would allow a parcel that is presently designated Residential . Very Low Density and containing a single family dwelling to be designated Quasi-Public Facility. The change in designation is requested in order to facilitate a lot line change, which would allow the parcel in question to become part of the adjacent Saint Archangel Michael Church facility. An Environmental Initial Study has been prepared. (WELSH) (REQUEST TO BE CONTINUED TO DATE UNCERTAIN) (APPROVED TO BE CONTINUED 4-0) GATEWAY DESIGN GUIDELINES; -Design Guidelines for the Saratoga-Sunnyvale Road Gateway have been prepared to guide new development in this district. The streetscape improvement plan has been adopted to address improvements within the Public street right-of- way to create a new northern gateway to the Ciry. The Guidelines provide direction for the redevelopment within the Gateway district. (CONTINUED FROM MEETING OF SEPTEMBER 25, 2002) (SULLIVAN) (APPROVED TO CONTINUE TO DECEMBER 11, 2002, 4-0) 4. Application #SD-O1-001 &t ED-O1-003 - (397-27-029), JAVANMARD/ASGARI, 20440 Arbeleche Lane; -The applicant requests Tentative Parcel Map approval to subdivide one parcel into two building sites. The existing parcel is 27,661 square feet (net) and contains an existing single-family. Proposed parcel A is 11,892 (net) square feet. Proposed parcel B is 15,769 (net) square feet. The existing single-family dwelling is to be demolished. One single-family dwelling is proposed on each parcel. The project site contains a riparian corridor, the Saratoga Creek, and several mature trees. The proposed parcels are located in the R-M 4,000 zoning district. The General Plan designation for the proposed parcels is Multi-Family Residential. A mitigated negative declaration has been prepared. (OOSTERHOUS) (STAFF RECOMMENDED DENIAL APPROVED 4-0) • DIRECTORS ITEM - Remind Commissioners that the Meeting on November 27, 2002 is cancelled COMMISSION ITEMS Commissioner's sub-committee reports Discussion of site visit times COMMUNICATIONS WRITTEN City Council Minutes from adjourned meeting on September 24, 2002 ADJOURNMENT AT 8:30 PM TO THE NEXT MEETING - Wednesday, December 11, 2002, at 7:00 p.m. in the Council Chambers/Civic Theater 13777 Fruitvale Avenue, Saratoga, CA • If you would like to receive the Agenda's via e-mail, please send your a-mall address to plannin saratoga.ca.us ~. _J SARATOGA CITY COUNCIL PREPARED BY: Lata Vasudevan DEPT. HEAD: ORIGINATING DEFT.: Conununit~Development CITY MANAGER: ~~~~ n I MEETING DATE: November 20.2002 AGENDA ITEM: L_ i SUBJECT: FY 2002 - 2003 CDBG County/City Contract RECOMMENDED ACTION: Adopt a Resolution authorizing the City Manager to execute a $290,370.50 contract with Santa Claza County for the FY 2002-2003 CDBG Program. BACKGROUND: On Mazch 20, 2002 the City Council .authorized the submittal of six FY 2002-2003 CDBG funded projects totaling $175,046 and a transfer of a prior yeaz CDBG allocation of $25,365.96 to a new FY 2002-2003 project. At the beginning of each fiscal year, the County requests that cities receiving funds through the "Urban County Program" enter into a contract regazding the receipt and expenditure of these funds. The contract establishes the recipient cities' responsibilities and identifies new programs to be funded as well as identifying on-going programs and any "carry-over" of prior year's CDBG funds. There is always a delay in approving the new County/City contract as the County Counsel and each participating City Attorney review the contract in early fall. In addition, the program year does not officially close-out until mid-summer when the County and each city determine what carry-over funds are available for each project. The City Attorney has reviewed and approved the FY 2002-2003 CDBG County/City contract. FISCAL IMPACT: If the City signs the County/City CDBG Contract, then the City becomes eligible to receive a new allocation of $175,046 in CDBG funds. In addition, the City will have access to unexpended funds in the amount of $115,324.50 from prior fiscal years for eligible FY 2002-2003 CDBG activities. ALTERNATIVE ACTION: If the City does not sign the County/City Contract, this would jeopazdize the City's receipt of FY 2002-2003 CDBG funds as well as carry-over CDBG funds. In addition, without the new CDBG funds, the City may have to fund previously approved CDBG activities with General Funds. J FOLLOW UP ACTION: Forward four signed copies of the County/City contract to Santa Clara County. ATTACHiVIENTS: 1. Resolution 2. FY 2002-2003 County/City Contract RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA AUTHORIZING EXECUTION OF A CONTRACT WITH SANTA CLARA COUNTY FOR THE FY 2002-2003 CONIMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM WHEREAS, the County has agreed to the use by the City, as subrecipient, of a portion of County's CDBG Entitlement Program funds for a housing program to be operated within the County to benefit very low and low income households; and WHEREAS, the City has previously entered into a Joint Powers Agreement with Santa Clara County under the Housing and Community Development Act; and WHEREAS, the Saratoga City Council on March 20, 2002 approved the expenditure of $175,046 in CDBG funds for fiscal year 2002-2003 for the following projects: SASCC -Adult Day Care Program $35,793.00 Project Match -Long Term Lease Senior Residence $28,200.00 City of Sazatoga -Sazatoga-Sunnyvale Rd. ADA Curb Ramp Upgrade $26,053.00 City of Saratoga -Program Administration $15,000.00 Hakone Foundation -ADA Improvements per Lease Agreement $50,000.00 County of Santa Clara -County Rehabilitation Assistance $20,000.00 New CDBG 2002-2003 funded projects: $175,046.00 WHEREAS, the Saratoga City Council on March 20, 2002 approved the CDBG reallocation in the amount of $25,365.96 from a prior year Low Income Housing Project (SA-97- 11) to the new FY 2002-2003 Sazatoga-Sunnyvale Rd. ADA Curb Ramp Upgrade Project. Total funds reallocated from prior year CDBG Project to new 2002-2003 Project: $25,365.96 WHEREAS, the City Council approves the expenditure of carry-over CDBG funds for the following projects: Sanitary Sewer Connection Project (O1-21) $41,058.54 ADA Hakone Gardens (02-41) $48,900.00 Total carry-over of funded projects from prior years: $89,958.54 r1 LJ NOW, THEREFORE, BE TT RESOLVED that the City Council of the City of Saratoga hereby authorizes the City Manager to execute said CDBG County/City Contract in the total amount of $290,370.50 for fiscal year 2002-2003. PASSED AND ADOPTED this 20`~ day of November, 2002, by the following roll call vote: AYES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: APPROVED: Nick Streit, Mayor ATTEST: Cathleen Boyer, City Clerk i -~..J COMMUNITY DEVELOPMENT BLOCK. GRANT COUNTY/CITY CONTRACT Contract No.SA-03-00 THIS Contract is made and entered into by and between the COUNTY OF SANTA CLARA, a political subdivision of the State of California (hereinafter "COUNTY"), and the CITY/TOWN OF SARATOGA (hereinafter "CITY") participating as a member of the County of Santa Clara COMMUNITY DEVELOPMENT BLOCK GRANT (hereinafter "CDBG") Joint Powers Agreement. The allocation of funds pursuant to this Contract shall be a grant. COUNTY approved the allocation and disbursement of CDBG funds to CITY on May 7.2002. WITNESSETH WHEREAS, COUNTY has received CDBG Entitlement Program funds from the United States Department of Housing and Urban Development (hereinafter HUD) as an entitlement jurisdiction pursuant to the provisions of Title 1 of the Housing and Community Development Act of 1974, as amended; and, WHEREAS, COUNTY has agreed to the use by CITY, as a subrecipient, of a portion of COUNTY'S CDBG entitlement for a housing and community development program to be operated within COUNTY and which shall benefit low and very low income households; NOW, THEREFORE, the parties agree as follows; I. PROGRAM COUNTY agrees to allocate a portion of its CDBG entitlement, and/or program income as defined in 24 CFR 570 Subpart J, "Grant Administration" (570.504), to the CITY, as a subrecipient of the County being the sum of TWO HUNDRED NINETY THOUSAND THREE HUNDRED AND SEVENTY & 50/100 Dollazs ($290,370.50) for the purpose of reimbursing the City for costs incurred to implement the housing and community development program (hereinafter "PROGRAM"). PROGRAM is defined as projects and activities funded with this allocation by the CITY and described in detail in Exhibits "A" through "H." A lump sum figure is allocated for this Contract and the parties understand and agree that the allocation is distributed by the COUNTY through reimbursing the CITY for allowed expenses, and no lump sum distribution of CDBG funds is made at the outset of this Contract. Reimbursement for Fiscal Year 2002/03 shall not exceed the total sum of the beginning fiscal year Cash Control Sheet (fiscal year CDBG allocation of funds to CITY, and roll-over of unexpended CDBG funds from previous years allocations to CITY). CITY is granted authority to also expend funds for eligible CDBG Housing activities from its approved rehabilitation program revolving loan fund account, including accrued Program Income. Such authority is based on CITY and its subreceipient(s) San[a Clara County ~ r Housing and' Community Development Program FY 02/03 City/County Contract c. Information and housing objectives for the Consolidated Plan at the beginning of each program year. B. PROGRAM Performance by CITY. Conduct the PROGRAM within Santa Clara County, for the purpose of benefiting low and very low income households. 2. File quarterly reports with COUNTY detailing adherance to the PROGRAM as described in Exhibits "A" through "D." The reports must document services rendered by the PROGRAM, describe the beneficiaries of the services, and evaluate the manner in which the PROGRAM is achieving its objectives and goals as a participating non-entitlement CITY. Utilize minority and/or female owned business, vendors, suppliers, and contractors to the maximum extent feasible, for items funded pursuant to this Contract, in accordance with County policy. C. Fiscal Responsibilities of CITY. Identify the CITY's fiscal agent who is responsible for financial activities of CITY, including the receipt and disbursement of CITY CDBG funds. CITY will notify COUNTY in writing of the appointment of any subsequently appointed fiscal agent and that agent's name. 2. Maintain an accounting system that conforms with generally accepted principles of accounting. The accounting system is subject to review and approval of COUNTY. Document all PROGRAM costs by maintaining records in accordance with Section III, Paragraph D below. 4. Submit to the COUNTY documented requests for reimbursement. Certify current and continuous insurance coverage of CITY, subject to approval of ; COUNTY and in accordance with requirements as outlined in Exhibit G "Indemnity and Insurance Requirements;" and obtain certificate of insurance from all subrecipients which will list CITY as additional insured. 6. Subparagraph C. 1) through 5) above are express conditions precedent to disbursement of any COUNTY funding and failure to comply with these conditions may, at the discretion of COUNTY, result in the suspension of funding Santa Clara County 3 Housing and Community Development Program FY 02/03 City/County Contract The CITY must provide language in its Contracts with all Subrecipients stipulating that at any time during normal business hours, and as often as may be deemed reasonably necessary, Subrecipient agrees that HUD and the COUNTY, and/or any authorized representatives may have access to and the right to examine Subrecipient CDBG records and facilities until expiration of: (a) five years after expiration of this Contract; (b) five years from the date of termination of this Contract; or (c) such longer period as may be prescribed by law. CITY also agrees that COUNTY and any authorized representatives has the right to audit, examine, and make excerpts or transactions of and from, such records and to make audits of all contracts and subcontracts, invoices, payrolls, records of personnel, conditions of employment, materials and all other data relating to the. PROGRAM and matters covered by this Contract. CITY will be notified in writing of intended audits. CITY will be notified in writing of intended inspections of records and facilities and of intended audits no less than three business days before such inspections or audits. CITY is required to respond in writing to the HCD Program Manager any audit findings within 30 days of receipt of written audit findings. Responses will be included in the final audit report. G. Compliance with Law. CITY staff will become familiar and comply with and require all its subcontractors, independent contractors and employees, if any, to become familiar and comply with all applicable Federal, State and local laws, ordinances, codes, Regulations and decrees including, but not limited to, those Federal rules and Regulations, executive orders, and statutes identified in "F" ASSURANCES. Specifically, CITY will comply with the requirements of OMB Circular No. A-87, "Principles for Determining Costs Applicable to Grants and Contracts with State, Local and Federally recognized Indian Tribal Governments," and OMB Circular A-128 "Audits of State and Local Governments." In addition, CITY will comply with Federal Regulations as cited in 24 CFR Part 570, Subpart J, and 24 CFR Part 85, and all other local, State or Federal laws applicable to this Program. H. Suspension and Termination. In accordance with 24 CFR 85.43, suspension or termination of this Contract may occur if the CITY materially fails to comply with any term of this Contract, and that the contract may be terminated for convenience or cause in accordance with 24 CFR 85.44 and Sections VI and Section VII below. I. Reversion of Assets. Upon expiration or termination of this Contract, or in the event HUD cancels its Program for any reason, the CITY will transfer to the COUNTY any CDBG funds on hand at the time of expiration and any accounts receivable attributable to Santa Clara County $ Housing and Community Development Program FY 02/03 City/County Contract Determine if any portion of the reimbursement request meets all eligible criteria, and if so, authorize payment for the eligible portion of the reimbursement request; Review the procedure to be followed pursuant to V. C. of this Contract (CONTRACT COMPLIANCE, Corrective Action Procedure); and 4. If applicable, forward a written report to HUD's Regional Office detailing the .substantial non-compliance issues and the steps being instituted to correct performance, copy to the CITY Manager. C. Compliance with Law. COUNTY shall become familiaz and comply with and require all its subcontractors and employees, if any, to become familiar and comply with all applicable Federal, State and local laws, ordinances, codes, regulations and decrees including, but not limited to, those Federal rules and regulations, executive orders, and statutes identified in "F" ASSURANCES. Specifically, COUNTY shall comply with the requirements of OMB Circular No. A-87, "Principles for Determining Costs Applicable to Grants and Contracts with State, Local, Federally recognized Indian Tribal Governments," and OMB Circular A128 "Audits of State and Local Governments." In addition, COUNTY will comply with Federal Regulations as cited in 24 CFR Part 570, Subpart J, and 24 CFR Part 85, and all other Local, State or Federal laws applicable to this PROGRAM. V. PROGRAM COORDINATION A. The COUNTY Executive has assigned the HCD Program Manager to supervise the progress and performance required by this Contract. All services performed by COUNTY will be at the overall direction of the HCD Program Manager. B. CITY has designated Lata Vasudevan to serve as CITY CDBG Program Coordinator, and City Manager Dave Anderson (or assignee approved by the CITY Council) assumes overall responsibility for the progress and performance of this Contract. CITY will immediately notify the COUNTY in writing, of the appointment of a new CITY CDBG Program Coordinator, or a new CITY Manager (or assignee approved by the CITY Council). C. NOTICES. All notices or other correspondence required or contemplated by this Contract must be sent to the parties at the following addresses: COUNTY: Charles Chew, HCD Program Manager Housing and Community Development Program 1735 North First Street, Suite 265 San Jose, CA 95112 Santa Clara County 7 Housing and Community Development Program FY 02/03 City/County Contract 4. If CITY is in default pursuant to any provision of this Contract. 5. If CITY makes improper use of COUNTY funds. 6. If CITY fails to meet all provisions of the COUNTY CDBG Reallocation Guidelines, or the Joint Powers Agreement currently in full force and effect between the parties hereto. C. Corrective Action Procedure. COUNTY, in its absolute discretion and in lieu of immediately terminating this Contract upon occurrence or discovery of noncompliance by CITY pursuant to this Contract, will have the right to give CITY notice of COUNTY'S intention to consider corrective action to enforce compliance. Such notice must indicate the nature of the non-compliance and the procedure whereby CITY will have the opportunity to participate in formulating any corrective action recommendation In the event that CITY does not implement the corrective action recommendations in accordance with the corrective action timetable, COUNTY may suspend payments hereunder or terminate this Contract as set forth in Section VII below. Once non-compliance is established, the following procedure will be initiated: 1. COUNTY HCD Program Manager and CITY Manager will negotiate a time frame and course of action for correcting the non-compliance; 2. CITY will provide COUNTY with a written plan and time frame for correcting the non-compliance issue (s). Such plan must be submitted by CITY to COUNTY within thirty (30) days of the initial non-compliance meeting between CITY and COUNTY; CITY must initiate the corrective action procedure within sixty (60) days of the initial non-compliance meeting between the COUNTY HCD Program Manager and the CITY Coordinator (COUNTY, at their discretion, may extend this time line for extenuating circumstances); 4. COUNTY will have the right to require the presence of CITY officers at any hearing or meeting called for the purpose of considering corrective action; and 5. CITY has the right to appeal all findings ofnon-compliance, and subsequent corrective action, with both the COUNTY Board of Supervisors and HUD. Santa Claza County 9 Housing and Community Development Program FY 02/03 City/County Contract Transfer to the COUNTY any CDBG funds on hand and any accounts receivable attributable to the use of CDBG funds. All assets acquired with CDBG funds shall be returned to the COUNTY unless otherwise negotiated by separate contract per the provisions of the COUNTY CDBG REALLOCATION GUIDELINES. E. Upon termination of this Contract, CITY will immediately provide COUNTY access to all documents, records, payroll, minutes of meetings, correspondence and all other data pertaining to the CDBG entitlement fund granted to CITY pursuant to this Contract. VIII. PURCHASING REAL OR PERSONAL PROPERTY CITY and COUNTY must comply with all applicable Federal Regulations as detailed by 24 CFR Part 570, Subpart J, i.e. 570.500 (Definitions), 570.503 (Agreements with Subrecipients), 570.504 (Program Income), and 570.505 (Use of Real Property), with regards to the use and disposal of Real or Personal Property purchased in whole, or in part, with CDBG funds. In addition, 24 CFR Part 85 (the Common Rule) includes definitions which apply to CDBG Real Property, however, the Common Rule section governing Real Property (CFR 85.31) DOES NOT APPLY TO CDBG ACTIVITIES. A. The following definitions apply to this Contract pursuant to 24 CFR, Part 58 (Common Rule) 85.3: 1) Equipment means tangible, non-expendable, personal property having a useful life of more than one yeaz and an acquisition cost of $5,000 or more per unit. 2) Title as defined in detail in 24 CFR, Part 85.32 (a). 3) Use as defined in detail in 24 CFR, Part 85.32 (c) (1). 4) Supplies as defined in detail in 24 CFR, Part 85.33. 5) Procurement, Use and Disposition of Real Property as defined in detail by 24 CFR, Part 570.503 (Agreements with Subrecipients), 570.505 (Use of Real Properly), and 570.504 (Program Income). B. Security Docttment. As a condition precedent to COUNTY granting funds for the purchase of real property or an option to purchase real property, CITY will prepaze and require its subreceipient(s) to execute a Loan Agreement, Promissory Note, Deed of Trust and such other Contracts restricting the use of said real property for purposes consistent with this Contract, HUD and CDBG requirements. Santa Clara County 'I ~ ' Housing and Community Development Program FY 02/03 City/County Contract of all third party contracts must be submitted to COUNTY at least ten days prior to the proposed effective date. In the event COUNTY approves of any such assignment, delegation or sub-contract, the subcontractors, assignees or delegates will be deemed to be employees of CITY, and CITY will be responsible for their performance and any liabilities attaching to their actions or omissions. B. This Contract may not be assumed nor assigned to another CITY, person, partnership or any other entity without the prior written approval of COUNTY: The use of the word "employees" in this pazagraph is limited solely to activities by those persons described herein, related to the management and potential repayment of the program funds provided for in the Contract. The use of the term here does not create liability for personal injuries, worker's compensation or other forms of liability, obligation or responsibility which flow from employee/employer relationships. XII. DISCLOSURE OF CONFH)ENTIAL CLIENT INFORMATION COUNTY and CITY agree to maintain the confidentiality of any information regarding applicants for services offered by the PROGRAM pursuant to this Contract or their immediate families which may be obtained through application forms, interviews, tests, reports from public agencies or counselors, or any other source. Without the written permission of the applicant, such information may be divulged only if permitted by law or as necessary for purposes related to the performance or evaluation of the services and work to be provided pursuant to this Contract, and then only to persons having responsibilities pursuant to this Contract, including those furnishing services for the PROGRAM through approved subcontracts. XIII. HOLD HARMLESS In addition to the indemnity obligations set forth in Exhibit G, "Indemnity and Insurance Requirements," CITY must indemnify and hold harmless the COUNTY, its employees, agents, and officials, members of boards and commissions, from any and all claims, actions, suits, chazges and judgments whatsoever, with respect to any damages, including attorney's fees and court costs, arising out of the failure of the CITY's PROGRAM or its subreceipient(s) failure (for CITY) to comply with applicable laws, ordinances, codes, regulations and decrees, including without limitation those set forth in Exhibit E, "Certifications." XIV. WAIVER OF RIGHTS AND REMEDIES In no event will any payment by COUNTY constitute or be construed to be a waiver by COUNTY of any breach of the covenants or conditions of this Contract or any default which may then exist on the part of CITY, and the making of any such payment while any such breach or default exists will in no way impair or prejudice any right or remedy available to COUNTY . with respect to such breach or default. In no event will payment to CITY by COUNTY in any way constitute a waiver by COUNTY of its rights to recover from CITY the amount of money Santa Clara County '/3 Rousing and Community Development Program FY 02/03 City/County Contract this Contract will affect or modify any of the terms. or obligations contained in any documents comprising this Contract. XVIII. MISCELLANEOUS A. The captions and section headings used in this Contract are for convenience of reference only, and the words contained therein in no way explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Contract. B. All exhibits attached hereto and referred to in this Contract are incorporated herein by this reference as if set forth fully herein. Exhibit "A" (Agency Description), Exhibit "B" (Project Work Plan), Exhibit "C" (Proposed Implementation Time Schedule), Exhibit "D" (Budget), Exhibit "E" (Certifications), Exhibit "F" (Assurances), Exhibit "G" (Insurance), Exhibit "H" (Urban County Rehabilitation Services) and Exhibit "I" (Contracting Principles Declaration). C. The persons signing below are duly authorized to execute this Contract. IN WITNESS WHEREOF, the parties have executed this as indicated below. CITY OF: COUNTY OF SANTA CLARA: • By: By: Date Donald F. Gage Date Print Name ATTEST: It's: CITY Manager ATTEST: Phyllis Perez Date Clerk, Board of Supervisors CITY Clerk APPROVED AS TO FORM AND LEGALITY: APPROVED AS TO FORM AND ' LEGALITY: Leslie Orta Date Lead Deputy County Counsel CITY Attorney Date Print Name City Contract 02/03.atun Santa Clara County ~Jr Housing and Community Development Program FY 02/03 City/County Contract 0 ~ ~ g ~ g ~ ~ ~ ; ~ ~~~~~ ~ ~~ _~ w ~ ~ ~ ~ ~ ~ ~. ~. ° ~ ~ c ~ _a e n ~ W ~ D ~ ~ ~ ~ ~ ~ a ~ ~jyp ~ N N ~p ~ No ~ o °o °o ~ c ~ C ° m H w ~ n N ~ m o to n m ~ ~ ++ - 9 ~ a ~ V y A ~ A A ~~+, ~ A OVO O~ C D D D D D D D D T- W W W W W W N ~ V O N A ~ ~ ~ ~ W N ~ J r A j N N (A N -1 3 (p f0 O w N O ~W VOi fn O N tO O O A W o N (T O ~ O N ~ O O O O J N n O A O O N O O O ~ 01 O O W O W O B O O O O O O O a O 0 0 0 0 0 0 a Q N O N N N w N A j N f C N O fP O (n O do N ~ V O O tOi~ O ~ O O N ~ a O O O W O W O O (b N m O O O O O O O O A A rt o° N ~ N ~ W m n p N tT x O O ~ i !^ ~ N ~ J r O _~ ~ m O O B N J O O N O -~ O twit GNO OD ~ 'g v °o o° ~ °o m o o t°n ~y a o 0 aD o w o o m o O p p~~ N O O t0 O O C O tT O C a O O O T O O O O A O b A CO ~' ° z ~~~ O ~' O (iq O G d (D N O b P N n ~p~ ~i x Dc ox z ~' o~ y' xd o Oo ^~ r'1 ~ ~ `3 ~ yd Wy l'l r CARRY-OVER PROJECT FOR 2002/03 PROGRAM YEAR (Transferred to FY 02/03 CDBG Project} PROJECT NUMBER: PROJECT NAME: SA-97-11 Low Income Housing CONTRACT AGENCY NAME, ADDRESS AND PHONE NUMBER: City of Saratoga 13777 Fruitvale Ave. Saratoga, CA 95070 408-868-1222 ALLOCATION: Prior Year Carry-over Balance $25,365.96 Current Fund Balance $0 PROJECT DESCRIPTION The amount of $25,365.96 was transferred to a new FY 02/03 ADA Saratoga-Sunnyvale Curb Ramp Upgrade Project (SA-03-42). PROJECT PROGRESS Not Applicable PROPOSED IMPLEMENTATION TIlVLE SCHEDULE Not Applicable ~.J CARRY-OVER PROJECT FOR 2002/03 PROGRAM YEAR PROJECT NUMBER: SA-O1-21 PROJECT NAME: Sanitary Sewer Connection Project CONTRACT AGENCY NAME ADDRESS AND PHONE NUMBER: City of Saratoga 13777 Fruitvale Ave. Saratoga, CA 95070 408-868-1222 ALLOCATION: $41,058.54 (balance) Total allocation was $87,271.00 PROJECT DESCRIPTION: This project involves assisting low-income Saratoga residents in abating septic systems and connecting to the public sanitary sewer system. The grant would cover the cost of septic abatement, sanitation permit fee, building permit fee, and actual hookup to the public sewer system. PROPOSED WORK PLAN Fund low income residents who meet the Council adopted eligibility guidelines to receive a grant to connect to the public sewer facility until all funds az~e expended. PROJECT PROGRESS Since funds were initially allocated, four Saratoga residents have connected to the public sewer system. Two applications were reviewed during the first quarter of FY 02/03. Both applications were denied. PROPOSED IMPLEMENTATION TIME SCHEDULE: Ongoing until all funds are expended. Exhibit A COMMUNITY QEVELOPMENT BLOCK GRANT PROGRAM (FY 2002/2003) AGENCY DESCRIPTION DATE I~{6V C T 2f~ Z PROJECT # ~Ar 'OZ - 4 CONTRACT AGENCY NAME AND ADDRESS: PROJECT NAME AND ADDRESS: ~~ aox X24 ~vnpnsverrt~,v~ - PFu~Se T T Executive Director I~OYI ~ )QLLU-P~--'~~ email (.owl G h~ n e . ccnm PROTECT DESCRIPTION Please specifically decribe how these funds will be used and how many beneficiaries will be served during the contract period. Please be consistent with Attachments B - D. Do not describe your agent overall operation. _ ~ v ~. Rev. 6/11/02 ~ ~ d p= ~ ~ ~ ~s ~ .~~~ s ~.~ ~ ~ ~ ~ `~ `~ g ~ ~_ ° ~ y~'~ ~° ~ V ~~ ~ L ~W p ~ ~: ~ ~- ~-. ~ ^']~L iv ~.W ~' 4 O n ~~ d (D ~~~ m ~ O ~ N S _I D ~ ~~v 0 ~ x. ; 3 ~ N ~ Q ~ fD fD a ~ ~ ~~ ~~~ S j ~ N w ~ ~ ~ ~ '~ ~ w m ~ ~ D ~ ~ O m Z m n n j "'~ fJ c p m ~ m 1 n ~ ~ ~/~ _ 0 _ O `~ o- C a ~ ~. ~ v m~ {O m n l TO N v r D Z N O w m ~ .. v ~ ~ ~ ~ ° ~' N d ~ ,O m o m o ~ s ~ ~ a c ~p 3 W r w K .~ 7 = W N ~. d N z Z _n N N a 0 N ~~ ~ ~~ ~~ ~" ~ x ~, ,-- ~--r. ~ ~,~ ~ cn °~ ~ ~+ c~ ~° ~ ~~ O a ~ ~ ~ ~°~ O r n n o J' D C ~ ~ m O n z 0 0 m n L n a. z ~, T m D x D X ~ ~ ~~ ~ ~ '~'~ o ~ N r o N (~ ~"' C z ~ a O m L Z m n ~ ~ z z I2 5 Q O'` i P ~ L ~ ~ ~ ~~~ v z O m A 1 D O N v O v O N m 0 r m T ~ { m~ z a -i ~ o z m n x m 0 c r m d v o °: m n ~ ~ m ~ Q 'm ~ n ~ n c Q' 2 n v J N V ' o ~ z O , , a z O O. ?i r m r •~ a~~ m v g~ o m c~vs ~ m W~ D ~ =-i m ~ m y ~: m ~ y n W ~.. ~~ . m ~ ~ m ~ y ~ ~~~ z o ~ ~ ~ N ~ ~ ~ ~,~ cn ~ ~ m m X z ~ ~ o ~' m y m y o' f7 ~ m N ~ N O ~ N Z n N C r D _ C ., ~ m v -~ Z O O m C7 D Z T m W D Z ~ ~ g~ l ~ b D D• ~ { ~ C Z S8• ~b H C ~' ~ _ ~ O ~ C r O m n -~ ,_, w ~G~(~ J 3 o ~ ~. v O m A -I x C m w n w w 0 c 2 n O a O m z n z a m ,~ p T { W C O ~ ~ N m g ~ N O m ^. A v m v m N a J m x S Q :+' O Exhibit A City of Saratoga Community Development Block Grant Program FY 2002-2003 PROGRAM DESCRIPTION APPLICANT ORGANIZATION NAME Project Match. Inc. ADDRESS 512 Valley Wav Milpitas. CA 95126 NAME/TITLE OF PROPONENT Bob Campbell. Executive Director TELEPHONE NUMBER (408) 416-0271 FAX NUMBER (408) 416-0278 PROJECT NAME & ADDRESS Saratoea Senior Group Residence Program 20218 Blauer Drive Saratoea. CA 95070 PROJECT NUMBER SA-03-11 DOLLAR AMOUNT ALLOCATED FROM CITY OF SARATOGA $28.200 • PROJECT ABSTRACT Project Match has entered into a long term lease agreement with the owner of asingle-family home on Blauer Drive in Saratoga. This home has been used since 1991 to provide affordable housing for 5 senior citizens, whose individual incomes are below 80% of the median income level. Housing is defined as affordable according to HUD if the rent does not exceed 30% of the individual resident's gross annual.income. CDBG funds will be used to partially cover the cost of the lease amount paid to the owner of the home by Project Match. The balance of the lease amount will be paid using the rental income received from the residents. This is a request for the continuation of our partnership with the City in our Saratoga Senior Group Residence Program which began in 1991. The goal is to develop safe, affordable housing with supportive services that enhance the abilities of elders to live fully and well. ~_~ City of Saratoga FY 0?l03 CDBG Contracf T n m m _sY;v ~ O w ~ O O d N ti (D 0 R ~~ o o .~.. ~ Q ~d~ n ~ `D f0 ~ ~ y ~ ~, z o ~^ A~ ~, ~, ; ~ ~5 ~~ a~ ~ a ~_-] O ~ m A n ~ ~, d ~ ' ~ o c ~ 0 0 c n> ~ N O O N p (l a ~ M N N' ry ~ Vl LI o,o N y5 0 = !~ Cam. .gyp Gad D N O w w p'~ d '~ O . , p o y N C~ w d '+ ~ ~ a ~ ~ ~ !A ; K ~. .'~3 ~ y' O ~ < ~ Sy W V1 ~1 N O c G~ n O G 0 ~ ~ 3 . . ~ ~ ~ ~ ~ ~ ~ ~ G o d o m 7 '"' . A ~ t~v a 0 y C '~ ^"~ C '~ . 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'G N :r vi ~ an ~Oa d 3 "~'~ Z b p ~ ~ . . d m~ p O N A C 3 ~~ O O G W 6 p m <,rn O O y ~- ~ 6 O' CD ~ ~ W D p n . p f ~ p rn~~ C 'fl X O N O ~ rn rn rn ~ ~ O O W .~d G C7 ~ ~ . `~ ~ O ~ ~ ~ N ~ ^~ 0 ~ a~ N b ro p o y G d C A O (D R R 0.a ~ ~ o .n ~ d ~, ~t , , ~ A ;, ,y m Vi ,7 O O y' N d ~ ~ y ~ ~_ ~ ~ p C a ~' a 0 00 T (~ O ~~ `C o ~' w ~ ~ o c~ O N b1 rn rn d 0 d ~' n 0 y b 9 °~ x. 5. 3 c .e w m Ad n ^ A ~ 7 d C A 7 n ~ m a 3 m A as a 0 N r-+ W N tD ~' = N ~ x _ i o ~ m f o G y K ~ . ~ , y N N O O (D O~ ~ .+ CD -. ~ 5' ~ o G' rn C `~ N w w N ,P a o ~ N ~ ~n c 5' m w ~ ~ G ~ ~ vi .~. rl ~ N W ~ C N (p ~ .~ o ~ w. a_ G• , o d 0 o w 0 N y y ~~ O ~ d 0 5 K m o m ~ w K b ~. ~ ~ ~ w p~ (D ~ ~ `<0. 0 d 'Cf d P X N Q~ fU N fD G (D O 'd 0. '„+f O H w y b O Q G_ Q d ~i N Gn' T G O S °iS N w N ~ w y O O d ~ ~ y N y O O C17 z a n b ~. ~e ~s ~ A a a °w r z n ~[ z h7 ro i n_ w n s a n ro '17 O ~ ~t P29 S n a Gy O c ~ N ~ n ox `e ^' w°OD a ~,~ m ~ Paz b ~ 1 y N, ' z w w rn rn ~ ~ K od e o ?. 3 ff .~d~ n ~ A y z w, 47m ~ ~ ~ T rod z o ~ ~ ', ^ y y C27 ~ 7 m wi r5. d m e l~7 .Q A p .°, ~ cn o ~ ~ ~. a ,~ o' ^ m n ~ ~ w 7 ? d ~ ~ ~ n a m o n. 0 N ~--~ n ~ N ^,'O lD ~ O C ^ ~ ~ ~ y ^, ~; a,b G ~' " S O 0 5 5 ., 5 °° s ~~ 2s `~ w a b < ~ ` ~ ~ ~ o k oRdc ~ ^~ w p `G ,~, y . y ~ .~ ~ .. b n ~~ S ^ ~ W ~ a n ~ 'O t5o a d ti~ 3 ~ ~ p C O i p.xy ~ <' ~ o ^ ° ~ A ~ N ~ ~ ~ n ~ O .,y _ fD a N o 7 ~ 5 c o N o d' O d - i N° ~' C C'U W e +v O ~ S~ n ~ X .~. N 6 O W r ~ C . ~ o y ~ O ~ N N ~ ry N fD " .`3 P> O d ~ .s .~ ~ b 'i'i d .'] < (D y~ ~ d (D ~ 'Ct O~ ~ 3 y '° V -~ ~ 0 0 0. a. ~ C rl a , , ~ o 5' ~ w rn d y O O d d '~ A O' `n O C 00 f 0 ~~ °w ~ N l ~ O 47 v O 3 d my gv g y m -°o ~ ~ ~- w3 m m m ~ m A (D ~ ~ y p ~ ~ ~ n ~ Q O 7 ~ O ~< O (7 N N N 7 ~ ~ O y t x D x ~ y x O X ~ 2 x ~ ~ X m x z m x "' ao 3 x ~ a x ~° x a x z m ~ ~ 0 0 O N O d fD 7 d (n o ~~D]7 r ~ d D ~ m ~ z `_° o '~ 0 T D 0 w t+ 7J O ~e ~7 r. ro r 3 Cr1 z a `~ O z .. C K ~_ n n x v c r -< N O 0 N N O 0 w C=7 x :: T (~ < ,~ O_ O ~ m ~ o c~ m 0 m p i-1 >^' w z y ~ a ~ -~ ; ° ~ ~ a z y ° z o g H ° ° 3 ' ° ~ ~; '" ~ c ~ ~ H $ R' m vzi N ~ - ~ < ~ ~ ~ ~ p = ~ X ti m ~ m ~ " a ~ t 'z o 3 6, N L N C r c N W C O N (~j U m U .p O Q U O N p W z O 69 N O `" 0 n bl N w a c z ~, N ~ m ° eo ~, N t.. 3 c A cn w ~ u 0 z r s+ N w 3 ° < e, N ` W C o z m b O N o S a ~ a ~ [nx7 [i7 n y `~ 3 ~ m m ~ o o R A m ~ ~ 5 A C S n I~ N a x S ,9 0 _ _ .'o ~°. S N ~ T e m W C z c q [i'1 a 0 W Exhibit A City of Saratoga Community Development Block Grant Program/ Human Services Grant Program FY 2002-2003 PROGRAM DESCRIPTION APPLICANT ORGANIZATION Saratoga Area Senior Coordinating Council NAME P.O. Box 3033 ADDRESS Saratoga, CA. 95070 NAME/TITLE OF PROPONENT SIGNATURE TELEPHONE NUMBER (408) 868-1253 PROJECT NAME Saratoga Adult Care Center- Day Care Program PROJECT #SA-03-31 DOLLAR AMOUNT ALLOCATED FROM CITY OF SARATOGA $35,793.00 PROJECT ABSTRACT (Limit statement to space provided) The Saratoga Adult Care Center is a Social Adult Day Program, which has provided a safe and stimulating environment for frail elders and respite for cazegivers for the past fourteen yeazs. The program is open Monday through Friday from 9:30 a.m. to 3 p.m. approximately 250 days a year. Since the program serves mostly low-income elders, requests for funding are made to numerous sources in order to subsidize one of the fastest growing segments of our West Valley area's population. Adult Day Care Services are an ideal way to caze for the needs of frail seniors, often eliminating the need for institutionalized care and reducing caze costs for both the families and the community as a whole. CDBG funds will be used to pay the salazies of 3 program assistants. The project will provide adult caze services to about 41 unduplicated seniors annually plus counseling and support to 400 families annually. The City of Saratoga does not discriminate on the basis of race, color, national origin, sex, religion, age or disability in the provision of services and program. 'c~.~ Cs7 n H O z a 0 w 0 w N O C N -Q (~ .a ID N o~~o W ~aay ~ °~~'~ m o Y~•a O _ ~n -• n c ~ ~ . ~~a D ie p ~] ~ ~ 7 y ( N. ~ f~D (/] ~ ~ y N O O N b N S Q O A N Q ~ C ~ ~ C y N ' ~ ~ N .D 6 ~m~ ry n r3~ W O (~D ~ C ~ ~ ~ ~ ~ 4~ 3 ~ ~ (D ~ S y C (p v "f R a `I o coo D ~D ~~ D ~ o a ~~ m~N. .~ ~ o ~- v ~ 7 ~ N . r. p M ~ ~ N ~j ~ ~ (p w ~ . ~ N K~ N N O ~ 'O ~ :` ~ y .y.. 01 N -p C7 N ~ F. N y j -p ~ "Q C ; ~~ 7 N S 3 O. ~. fn p O _ ~ ~ O y'O O O ~ ~ ~ ~ N _ rO z (D (D. 7C (A 7 ~ N a. C7 ~ S n m W y ~~ C N .-o N ~ ry ~ ~ d S m < p ,~~, w R ~ N 3 v~ ~ .~ ~~ ~~ ~ m c a w~ M ~ n Q 3`° y o o ~ ~ ~ ~ ~°, S gy Q "~ ~ ~ " ~ ~ ~ N i Pj - ~ N 7 ( p N • S ~ 7 C , O .f H v, O ~ N ~ ~ -~ C L ~ 3 N 7 d B ~ rp ~ y ~ v ~ 3 m `d y ~ ~ tQ a ~ S c o a- ~n m m oo~~ ~ d~~ ~ ;y ~ ~ ~ o a ~a°o '"r W ~ ~ ~ ^ ~ s, ^ ~ ~p . ( ~ p , T ry O ^ N ~ D C N a~ ' w ~ bCO O P .gyp ~O .~ t 'J_ N ~. N N ~ ~ N C. ~ ~ ~ O E ~yo .rt y~ F~ oN E ~ O ~ .'S.^ 6 ~N OC r e' O N O ~ O N N O O O W ~ N _ '~ ~ N N b d A O '~ 0 ~. i a 0 w w a ~ ~ '~ n a ,~ N ern d d r U N 0 ^C c O o~ O C" W ''~ z Q Q' W W L J ~ 7 O ~ N .r j N'O N N N ^' ~ N ~ A ~ N O N 'O ~ , , N 7 ~ ~ .N-. C• yoy o N~ 7C fD O N ~ a O C p~ N 7 ,~,. ~ N , C 91 ~y ~ O y ~ lA 3 N N 1 N 4 ~• N ~ 3 ~ N N ~ N E A °.. N N N N N m U '. 7 N ~>~ ~ m n ~ • . 91 ` ~ o ~ c~t° ~ w° o 0 0 ~ s =`° 0 3 m D ~ n ~n a v v ~ a°QC 3 ~ m° ~v 3 - ' D 'O ~ ~ 7C N K ~ ~ ~ ~ (p ~ N 3 3 °O ~ i ~ V 2 N m~~ ~ y `G -~ 3 w 3 n ~. ~~ N G m _ . v'2 ~S ~c° y •° ~ ~" m ~c y. v . ~ N ? N ~, ~~ w N ~ O (/1 `G a L C r a c O m v Z ~ n -•i Z ~ O O °m a Z T Z m ao O n x a z r D L C Z m ~ V O O .n.. O N 0 3 a m ~ m v v O ~ ~ O m a ~ .Ci 7 O ID N m N (7 m m 0 io' a CA D 0 w f 0 m m v m ~, m a DX = S c c ~M j A N O O N a 0 v 0 w m O v r m 'n Z < -i N gZ °oD w~ -~ t .i m N n z m D C r m r D r O ~ ~ ' ~ ' ' ' -1 y DDm D O 03 DD 0 0~ C-I~ n m 0 r m ~~ ~~ D ^1 0~ 0 ~ ~ ~' < X ~ N ~ : ~ ~ ° j n ~~~ 3 D 0 0~ m~ X X ~ ~ ~~ r Z ~ ~ cn ro Z v n ~' ro m ~ a m z ~ 0 2 z m ~ ~ C U N ~ D /~~\ \! N N y ~ Z m H N L N r V N N D m C N V N rd'u N m N V N N O N ~{ N N z m Q N ~ V N ` N ~ v ~ N m n V N z N V N di N T N m W V N N m D N N N q N 7J ~I N N V N N L `O C N z v ~ ~ -i , ~ W W r ~a Jm mz - ~~ Z Z an m r" W C N ~ ® /~ ~I.~ 0 m n O W W p m y x .. ~ m c w ~ v a m m fl. ~D C N O O N Exhibit A COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (FY 2002/2003) AGENCY DESCRIPTION DATE ~) 11 ~ 2002 PROJECT # SA ~ 03- 4 I CONTRACT AGENCY NAME AND ADDRESS: PROJECT NAME AND ADDRESS: ~i~ of Cnv-rl~nc.a- t-~•r.~lcr~r~e ~'~n-lo,nc I~tr~dr~.0 N cA1r~.l,l[.wa.~ ~O v'C~~c ~ ~2.~1 yuy-Y~YbUfl~.ultn - PYL ~• ~t-7z,'t'o~,a CA ~i50~-D ~ 021000 ~t ~a<<~ w..1 Telephone ~ . ~~~ - ~I-9a ~I ~XA~ga . C f~ FAX do8. ~4~ _4ag3 ExecutivelIDirector LAh SaQUedr~ email l.pl'L~-~I(OYW...• CC}VV1 PROTECT DESCRIPTION Please specifically decribe how these funds will be used and how many beneficiaries will be served during the contract period. Please be consistent with Attachments B - D. Do not describe your agency'; overall operation. _ ~5e ~ bZ -off - Pet' nlaM.S mm2.~ Qra ud hmUJ(~ ~~ (1_ ~~ "l ~.LW ids ~iYcw~S N ~SSOG• 133Y1~11 tticalc~J~' ,^2, `- __~ii~~~(( .b0.ulLS ((~~ - l.~V~o~ G.~ Ta~a01'D~r~Ylu "~b ~ 0~ - W~r~s.vc n~Wc~n - ~~ `y~C~Y7M,~ NCO P1KIS~1 ~ S~,W a,..4 - ~ R ra/ru~.c, S~u,tM P~ld ~ .Sm~ r~e~CUri~~ vJwLls ^~~~an_avaz. ~o.~n ~ ~1'a,..•eQ ~c~.~ost~t¢. '~-o o`{-P~ 1/nM•nA ,.~ 0 ~.i~cliv~ P-,ii 1 rrnnil .-t ~ ;, cL..~i ~'~~ Rev. 6/71/02 ~--~ ~~~~~ r(n~- r ~ t ~~ ~ ~ ~ ~ ~ F ~- ~ ~ ~- ~ `(may' ~ s ~ ~( O V' ~ S ~ ~, j; ~ -~ ~ ~ ~ a' r-1 ~ ~° ty ~ ~ ~ ~ ~ ~ ~ ~ ~, ~~ ~ J ' (D D m O N ~d~ rn~rn ~~ l' ~ 4 - '~ ~ A ~~ ~~ ~F ~~ ~~ O ~~T~ ~D~ ~~v ~ X O ~ ~ 7 N tG ~' ~' ~ fp W G ~ ~ O n ~ ? 7 ~ N P7 ~ n N O ~ ~~ ~. a D c w m W 3 O (D 0 a O m ~ Z . m n n { 1 Z D ~, a ,~ s H 0 e ~ ~ a N N a O ~, ~ N 1 d 1 A o n ~ ~ c ~ a N ~ O N y = n 0 ~ ~ {O `m N ~ c i o~ N O N ~ O ~ O W ~ r n Z m x Q s ~ ~ a ~` ~ D ~ ~ ~ a ~ 9 a ~' ~- ~ N ~-. ~ ~ ~ ~ X A CL r ~1 C m O n z 0 X x m ~ Z V~ T m W x ~ D a D { X C Z v a z O O m L Z m n n ~ 1 Z a :S1 0 L m n 1 a O v x O O y m 0 r m m~ <m N 1 o D O 1 N ~ O o Z °w 1 m n 2 m 0 c r m w v d m d m n ? ~ d ~ c m 'o x m n A n o a c •• '~ r ~ ^ 2 r-- n ~ C N ~ T D r O ~ -~ o o ?~ m m r n D» m c a m m C~ ~~ m m Oo ~ ~ =i y N y N- O~ W A W n fC ~-. K Q T H ~ y~ . .: w 2 . ~D f ~ c~ p, fn 0 m o m 7 m X Z y cn -+ ~° c7 w m y m p m ° 2 m ~ y, n' C) a_ ~ y ' fG W O ~ N z ~ L C r C ~- __. ~ m v -i `-d z 0 m n b Z T m co ~ ~ ~~ ~ D D { •. ` $ c z CP O 9 {~ O m m z o ~ -i < Z Z a n ~ ~ m m Y. ~ lr, F 4 ~ ~ . . v~ ~~ v O m n ~ T a c C ~ C O ~ R ^~ - ~ o ~ o _C W cn o ~, °_: w ~ n ;` m '0 w m c m ,2 c. 2 n v N a C EXHIBIT A CONlMUNI'I'Y DEVELOPMENT BLOQC GRAINY PROGRAM - n zop2/too3 ~-,GENCY DESCRIPTION DATE March 11, 2002 APPLICANT AGENCY: Name City of Saratoga AddreSS 13777 Fruitvale Ave. Saratoga, CA 95070 TelephOne_5408) 868-1218 FAX (408) 868-1281 PROJECT # 5~4- 0 3 -4z _-- PROJECT NAME AND ADDRESS: Saratoga-Sunnyvale Rd Curb Ramp Upgrade Project Saratoga, CA. 95070 TOTiIL /-ILLOLAT10h~: ~51, 4( $. `I (o SRO -CT DRSC'R_TP'rrnN The proposed project involves the installation of 3'0 Americans with Disabilities Act (ADA)-compliant curb Tamps at locations along Saratoga- Sunnyvale Road, between Prospect Road and Seagull Way. These ramps will hA ;natall d in onion ion with 'the City's Sarato a Gateway Project which is a Saratoga capital improvement project scheduled for this upcoming summe shese ramps will provide increased accessibility and safety at intersection crosswalks along Saratoga-Sunnyvale Road. The installation of the curb ramps will involve removing a portion of the exit ina idewalk typically at a street corner, and replacing the section with a concrete ramp. The ramp dimensions and specifications are derived from the current edition of the California Department of Transportation ltrans) Standards and ications book, and the Caltrans Standard or the Standard Plans for Public Works Construction "Green- book"- The attached vicinity map provides the approximate locations of the curb ramps. The. individual designs will conform to current ADA ~ Ca.2trany Sfahd~-~(s, L~~ .. ._ x s ~ 0 0 0 £ n n a w w ~ ~ ~ r x x m m m £ ti N w m m m r r m m n n n cn d 0 o m ~ r ~ ti w r• rt o w n w ~ C rt r~r m ~ r• cn ~ E ~ W n H ry !~• ~ SL M m w m o a n ~ rt rr ,t r• r• h o o a ~ ~ n rt i0 to L] G lD (D w ~ p ~ G (D H• H H rt m a "C r+ n o m o ~ n ~ rt. o rt n ~ n m m o n fi r rr 0 h ro r a a =1 a m ~~°~ 0 S ~~ y w mo` m m m a ~ fn ~ n x ~ ' m N CDf W ~ y ~ ~ ~ a O c d m c ~. 3 O L m o' a ,~. o' W 0 a c n N 0 0 0 m w O ~ "'~ z a 2 a m ~ m ~ ~ n a ~ w n n w rt a (D w rr ~ ro n w° w o ~• m i cn c m a n rt ~ ~c rt o c a w m r m 0 N t2, m m ~ ~ .r O w c ~ ~"'' a N ~( ~ ~ ~ N ~ n G o 7C ~ y ~' A Z ~ a ro p °i a ro m n Oa 1 a ; m ~ o m (~ ~, f\.. Oi ro N o (~ N 2 A v v ~ DtC-20-~ it 1416 HCD&1WMP8rrP 4{db 44i boo r. bb m ~ p w m n ~ m fi n _ w i m <<? O ~ ro n w ~ ? n H r r m m o O o m r r ro ~ w n~ • m o m n ~ n t r r• c o n ~ m C r D C ni Wo z om o D ~ N n 0 m. n a z m a ~ O o W O ~ w W 0 ~\ '~ ~ ~D p~,O O c Q y V ` O •~ ~ { y o ~. ~- w w C s ~ O m m z A ~ ~ ~ z z 3 ~ m m rom n n a ~- o~ ~ m• ~ i o rt m rn G ~ ~ ~ a k n w rt r O m w w z u. n c n rr x w ro a ro ~ w 9 K 0 ~ L G, m ~ n a v x O v 0 m v' 3 r m $ z -~ ~ i Z m n x m 0 c r m ~ v 7 + X ~' W S n C pf 9 ~- ' p i m C) m a ~ ~ w v ~ r N O N ~ ~ $ ~m~~ ~~ ~QQ~ m s cm °z~'~ ^m 3 ~m> ~ ~ m -I ~ ~ S m i ~~ ~ o ~ m ~ ~ -i ~ n ~~~ ~' ~ 8 a c ~ m ~ H ~ ~ ~~~-~ g m~~n r ~ ~ ~p ~ 2 Z y ~ a S' ~ ~ ~ H m r O -1 O ~ z C r C • ~ ~ m . Z O °m n - ` a z T m D D D i - -- 3. r ~. ~' ~ 3 ~ C Z ~ zk b. ~ ~ ~° ~ N p 'p o ~' D f v ~ a ~ - o m ~ ~ m m ~ n w r- I n 'rt 0 M w fi a 0 w w r m O w a a, m w w r r a k o~ n n tr' x w ro a ro w a ro hi 0 ~. m n fi v 8 c .~r~ 2 O NEW PROJECT FOR 2002/03 PROGRAM YEAR PROJECT NUMBER: SA-03-53 PROJECT NAME: Urban County Rehabilitation Services CONTRACT AGENCY NAME. ADDRESS AND PHONE NUMBER: County of Santa Clara 1735 N. First Street, Ste. 265 San Jose, CA 95112 408-441-0365 ALLOCATION: $20,000 PROJECT DESCRiP'I'ION: This project covers the cost of cooperative rehabilitation services provided by the County to the City of Sazatoga. These services include review of loan applications, bidding process, work write-ups, project supervision, change orders and close-outs. PROPOSED IMPLEMENTATION TIME SCHEDULE: This project is ongoing. NEW PROJECT FOR 2002/03 PROGRAM YEAR PROJECT NUMBER: PROJECT NAME: SA-03-91 General Administration CONTRACT AGENCY NAME. ADDRESS AND PHONE NUMBER: City of Saratoga Community Development Department 13777 Fruitvale Avenue Sazatoga, CA 95070 408-868-1?,35 ALLOCATION: $15,000 PROJECT DESCRIPTION: This project covers a portion of the salary paid to an Assistant Planner who coordinates the Community Development Block Grant activities for the City of Saratoga. These activities • include preparing all related reports, contracts and correspondence; managing the annual CDBG allocation disbursement process, rnonitoring the grantees, and acting as a liaison between the City and the County Housing and Community Development program. PROPOSED IMPLEMENTATION TIME SCHEDULE: This project is ongoing during the FY 2002-2003 funding cycle. Exhibit E y CER'1TRICA'tYONS i In accordance with tlx applicable atatutos and the regulations governing the cottaolidtaed plan regulations, the jurisdiction cattifies that: AiRrmatlvely 1}trther Fair >douslttg - The juriadiotian will affirmatively further fair housing, which mans it will conduct en analycia of impedhnente to fav hcaraing choice within the jtrricdiction, take appropriate actions to. overcome the effects of any itopedintmts identified through that analysis, and maintain records reflecting that analyria and actions in this regard, Anti-displacameat and Relocation Plan - It will comply with the acquisition and relocation requirements of the Uniform Relacatton Assistance and Real Property Aequlsition Policies Act of 1970, as amended, and implementing reguhtdons at 49 C1~R 14; and it has is effect and is fallowing a rssidemial antidisplaament and relocation assistance plan required undo section loa(d) of the Hortsiag and Community Development Act of 1974, as amended, in comtection with any activity assiatEd with futrding undo the CDBG Ot HOME programs. Drag Free R'orkplace -.~ It wiU rnwill continue to provide; drug-free wotigtlaa by: 1. Publishing a statement notifying employees that the unlawful trtanirfatxtirc, distribution, dispensing, possession, rn use of a controlled aube.•tance is prohibited in the iFarnee'e workplace and aptcifying the actions that wilt be takes against employees for violation of such pmlubition; 2. Establishing an ongoing drug-frs awareness prolpam to inform employee about - (a) The dangers of drug atiirae in the workplace; (b) Tlx grantee's policy of roah-taibietg adrug-fie wori~laa; (e) Any available drug ooupseling, rehabilitation, cad employs assistance programs; end (d) The penalties that may be imposed upon employees for drug abote violations occurring is the workplace: 3. Malring it a requirement that each employs to be engaged in the performance of the gram be given a copy of the etatetneett requited by paragraph 1; a. Notifying the employs in the statement requited by paragraph l that. as a condition of employment under the grant, dte employe will - (a) Abide by the terina of the statement; anti (b) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute: occuriing is the workplace no later thatt five calendar days after such conviction; S. Notifying the agency in writing, within tan calendar days after receiving notice under subparagraph 4(b) from en etigiloys rn otherwise receiving actwl noliee of such conviction. Employers of convicteM employes must provtdc notice, including positimi title, to every grant officer or other designee on whose grant activity the convicted employee eras wrnking, unless the Fedtxal agency has designated a cenaal point for the receipt of such notices. Notice shall include the idmtiflcation number(s) of tech affteted grant; 6. Taking one of fire follinving notions, wiQtin 30 oatendv days of receiving notice under subpvagraph 4(b), with respect to any employee who is ao convicteil - (a) Taking appropriate petsamtel action against such en employee, uP to and including termitpation, consistent with the regtticaneata of the Rehtbilitntion A.et of 1973, as amatded; or (b} Requiring such employee to participate satisfactorily in a drug abust> assistance or tdgtbilftation program approved for such tpurposes by a Federal, State, or local health, law enforoement, or other appropriate agency; Malaing a good faith effort to continue to maintain adrug-free worlgplace through itnplementation of paragtapita 1, 2, 3, 4, 5 and 6. Anti-Lobbying » To the best of the jurisdiction's kaowied~e and belief: No Federal appropriated funds have been paid or will be paid, by or on behs.if of it, to any person for influencing or atteritptiag to influence en officer or employee of any agrncy, a Member of Congress, an officer a employee of Congress, or en employs of a Memba• of Congress in connection with the awarding of any Federal coniract, the making of any Federal grant, the making of erry Federal loan, the entering into of any cooperative agreement, and the eztenaion, continuation, rtrrewal, araendmeat, or raodiflcation of any Federal contract, gram. loan, or etwperative agreeruent; 2. If any funds other than Federal appropriated fumda have been paid or will Ms paid to any person for influencing orattemgang to influence an ofl6:er or employs of nay ageztry, a Member of Congress, m officer or employee of Cottp~esj, a an employs of a Merabef of Congress in cotUtectlon with this Federal contract, grwpt, loan, or cooperativt agreaaenc, it will complete and submit Starxlard ForRr-LLL, "Disclosure Fomt to Report Lobbying," in accordance with its instructions; and 3. It will require t}wt the Isngtmge of patagrap6 l and 2 of this anti-lobbying <:ectification be included in the sward docwrpettts for all subawar+is at all tier (including subcontracts, subgranta, and cartttacts under grants,loans; and cooptintive agttiementa) ttad that all subrecipiems shall certify and disclose accordingly. Authority of JnrLsdiMion - The consolidated plan is authorizai under Sbte and local law (as applicable) and the jurisdiction posacsses the legal authority to catty out the programs for which it is seeking funding, in accordance with applicable HUD regulations. Coasistenty With plan » The housing activities to be undertaken with CDBQ, HOME, HSG, and HOPWA funds ere consistent with the atratagic plan. Section 3 .- It will comply with section 3 of the Housing and Urban Development Act of 1968, and implementing n lations at 24 CFR Part 135. Mau 13.2002 5ignaturelAuthorize Offici Date Title County Executive ;~• Specitlc CDiBG Certiricatlons The Entitlement Community certi5es that: Citizen Participation - It is in full compliance and following a detailed citizen partieipatiort plan that satisfies the requirements of 24 CFR 91.105. Community Development Ptaa -- Its consolidated housing and a~mmunity development plan identities commu;rity development and housing needs and specifies both short-term and lot-g•h:rm community development objectives that provide decent housing, expand economic opportunities primarily for persons of low end moderate income. (see Cl:R 24 570.2 turd CFR 24 pert 570) 1PoUowing a Pisa - It is following a current consolidated plan (or Comprehensive Housing Affordability Strakgy) that has been approved by HUD: (Jse of Fnnds - It has complied with the following criteria: 1. 1Vj,aximum Feasible Priority. With raped tv actiiitiea expected to bo assisd:d with CDBG fimda, it certifies that it has dcvcloped its Action Plan so ac to give maximum feasible priority to activities which benefit low and moderate income families or aid {n.the prevention or elimination of slums or blight. The Action Plan may also incbrde aattvities which the gnmtee certifies are deaigncd to meet other catnmunity dcveloptmat rinds leaving a particular urgency because existing eondititms pose a serious and immediak threat to the health or welfare of the community, and other financial resources an not available); 2. Overall Benefit. The aggregate use of CDBG funds including section l08 guaranteed loans during program years) 20022003 (a Aerial specified by the grantee ronsisting.of one, two, or three specific rnnsecutive program years), shall principally benefit Tiersvns of low and moderate income m a mariner that ensures that at least 70 percent of the amount is expended for activitiess fiat benefit such persons during the designated period; 3. .Special Assessments, Tt will not attempt to recover any, capital costs of public improvements assisted wdtli CDBG fiends including Section 1061oan guaranteed finals by assessing nay amount against properties owned and occupied by persons of low and moderate income, including any fee charged or assessmrnt made as a condition o1' obtaining acceos to such public itttprovements. However, if CDBG funds are used to pay the proportion of a fee or assessment that relstes to the capital costs of public improvements (assisted in part with CD)3G fiords) finiutced fivm other revenue sources, an assessment or charge may be made al;sinat the properly with respect to the public improvements Snanced by a source other than Q)BG Stttda. 'I'hc jurisdiction will not attorhpt to recover say capital costs of public improvements assisted with CDBG funds, including Section 108, unless CDBG funds are used to pay tits proportion of fee or assessment attributable to the capital costs of pubic improvomentd financed from other :avenue sources. In this case, an assessment or charge may be made against the property with respect to the public improvements financed by a source otherthan CDBG funds. Also, in the case of properties owned and occupied by modelak-inarme {not low-income) families, an assessment or charge may be made against the property for putdic improvements financed by a source other than CDBG fiords ifthc jurisdiction certifies that it lacks CDBG funds to cover the assessment. Excessive Force -= It has adopted and is enforcing: A policy prohibiting the trse of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged innon-violent civil rights demonstrations; and 2. A poticy of enforcing applicable State and lgcal la•:vs against physically batriag entrance to or exit from a facility or location which is the subject of such non-violent civil rights demonshations within its jurisdiction; Compllance With Anti-discrlminatton laws - Titc grattt will be conducted and administen:d in conformity with title VI of the Civil Rights !#ct of 1964 (42 USC 200(fd), the Fair Housing Aar (42 USC 3601-3619), and implementing regulations. Lead-Based Paint -Its notification, inspection, testing and abatement procedures conce~min8 lead-based paint will comply with the requirements af24 CFR §570.608; Compliance v-ith haws - It will comply with applieablc Taws. C W _ May 13, 2002' Signature/Authorized Offici Ihte Title County Executive r.. Speci$c)gO1VtE Certifl¢stlotrs The FIOMI3 participating jurisdiction certifies that: Tenant Bnsed Rental Assistance -- If the participating jurisdiction intends to provide tenant-based rental assistance: The use of HOME funds for tenant-based rental assistance is an essential element of the participating jurisdiction's consolidated planfor expanding the supply, affordability, and availability of decent, safe, sanitary, and affordable housing. Eligible Aetivldea and Cosb - it is using and will use HOMB fuoda for eligible activities grid wsta, as descrbed in 24 CFR § 92.205 through 92209 and that it is not using and will not use HOME funds for prohibited activities, as described is § 92.214. Appropriate Nlnancial Assistance - before coaunitting any fluids to a project, it will evaltyste the project in accordance with the guidelines that it adopts for this purpose and wilt trot invest any more HOME funds in combination with other Federal assistance than is necessary to provide affordable housing; i ~ May 13, 2002 S gnature/Authoriud Official Date Title County Executive ~_~ DO[Ue1l7~rT ZA LOCAL covERl~NpM6NT GRANTEE EMERGENCY SHELTER GRANTS PROGRAM Ct;RTIFICATION8 BY .THE CHIEF ~(ECIJTiVt: OFFICER [,_ Richard Wittenbere , Chiefl:xecutive Officer Of Santa Clara Countv , ate' tbat the local goverbmeot will ensures the ptovtsion of the matching cupplamarnal funds required by the reguletioa at 2~1 CFR 376.51. I have attached to this certitication a description of the sources and amourrts of such sttgtlemeatal funds. 1 further certify that the local govemmerrt will comply with: (1) The requirements of 24 t:FR 576.21(ax4) laoviding duu the funding of homeless premnian activities for families that have rtxeived eviction aofices or notices of termination of utility saviees will mad the tegrrtremerta that: (A) the inability of the • family to make the regtrked payments must tie the resDft of a strddar reduction in income; (B) the as944dId0e must be necessary t0 avoid rrietion of the SraHy or tamimtian of the servixs to the famfly; (C) then must be a rarsoaable prospect Mrat the family wiU be abk to resume paymerm widria a eeasattbk period of time: sad (D) the assintnce must not supplant funding for preexisting homeless prevnuion activities from any direr source. (2) The requirements of 24 CFR 57653 coocanint; the continued rase of buildings for which emergency shelter tp'attts are used for rehabilNation or coaveraion of bui6>,ings for use as emergency shelters for the hrrmekss; or what fonds are used aokly for alartatiog vests or essential ssrvices. (3) The building standards requherneot of Z4 CFR 57655; (4) The requirements of 24 t~ 576.56, concerning assistance m the homeless and (5) The requirements of 24 CFR 576.57, other appnspriate provisioas of 24 CER Pert 576, end other applicable Federal laws rnncerningnoadiscrimiaation tadequat appnmmity. (6) The requirements of 24 CFR 576.59(6) coaczmiag the Uniform Relocation Assistance aad Real Property Acquisition Policies Act of 1970. (7) The requirement of 24 CFR 576.59 concerning min®1"g tlrc diepkeemrnt of perwns as a eesult of a project assisted with thaw funds. (8) The requirements of 24 CFR Part 24 concaturrg rho Umg Free YJorkplace Act of 1988. (9) Tha requirements of 24 CFR 576.S6(a) sad 576.65(6) that gnnkes devebp end implement ' procedures to ensure eha wnfrderrtlality of records pertaining to sny individual provided family violence prevetrtion or treatment service:i under any project assisted with ESG funds and that the addross or location of any family violence shelter project will not be madc publid., except with written authoriattion of the person or persons respoAtible for the operuion of such shelter. (lQ) The tequircmer. tt recipients involve, to the maximum r.4 ~practteabte, homeless individuals sad imnilies in policymaking, renovating, maiMainurg, and opaa6ng facilities assisted under the F.3G program, end in providing; services for occuparns of these facilities as provided by 24 CFR 16.35. (11) 'The requirements of 24 CFR 56.57(0) are rt~et dealing with the provisions of, and regulations and procedures applicable with respect to the errvirorunetrtal cevrew rcspoosibilida under the National Envhonmuntal Poticy Act of 1969 and related authorities as specified in 24 CFR Part Sg. i further cvtify that the submission of a completed and approved Consolidated Plan with its certifications, which tct as the application for an Bmergemey Sheller Grant, is authorirxd uruh:r State andlor local law, end that the local government possesses legal authority m carry out grout activities in accordance with the applicable laws and regulations of the Deparaneat of Harsiag apd Urban Development Name and Title .~1.1.(~' "~. Signature of Chief $xecutive Offic County F.aecutive Title ' xa~ t~_ ~nm Date ~'- -~ . APP>ENDI)C 1'0 CER'it IFICATIOIVS INSTRUCTIONS CONCERNWG LOBBYING AND DRUG-FREI's WORKPLACE RBQUIR.IIMENT5: A. Lobb ~i g CerUficatioa 't'his certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prettiquisite for making or entering into this transaeUon irnposal by section 1352, title 31, U.S. Code. Any petsoh who fails ro file the regt»ted certification shall be aubjtxt to a civil pehalty of not less than SI0,000 and not more than S 100,000 for each suol- thiltrre. B. ~g-Free Workmlace CertificaUoa By signing andlor submitting this appiicati~m or groat agreement, the grantee is providing the certification. 2. The certification is a material representztion of Fitt upon which retianee is placed when the agency awards the grant. '(fit is later determined that the grantee lmowingly rendered a false certification, or otherwise violates the requuemerrts of the Drug-Free Workplace .4ct, IiUD, is addition to any other remedies available to tht Federal Govettaaent, may take action authcaized under theDrug-Free Workplace Act. . 3. Workplaces under giants, far grantees other than individuals, need not be identified on the certification. If known, they rosy be identified b~ the grant application: If the grantee does not identify the workplaces tt the ' time of application, or upon award, if them is no application, the grantee must keep the identity of the workplace(s) on file is its office and mrdce the information available far Federal inspection. Failure to identify :al known workplaces constitutes a violation of the grantee's drag-fm - workplace zequirementa. 4. Workplace identifications must include tbr. actual address of buildup;s (or pacts of buildings) or other sites where work under the grant takes place. Categorical descriptions maybe us,:d (e.g., all vehicles of a aucss transit authority or State highway depettntatrt while in operation, State employees in each local unemployment office, performers in coneen: hells or radio stational. If the workplace identified to the agency changes during the performance of the grant, the grantee shall inform the agency of the change(s), if it previously identified the workplaces in question (see paragraph three). 6. The grantee may insect in the space provided below the site(s) fot the • perfomtattce of wont done in wmtectioa with the specific grant: Place of 1'erfotmanee (Street address, city, county, stela, zip code) Check _ if there are workplaces on fjle that ate not identiAed hen:. The certification with rcgerd to the dtug-free workplace is required by 24 CFR part 14, subpart F. Definitions of teems in the Nonproetaemad Sttspcnaion and Debarment common Wile neat Drug-Free Workplace amunon rile apply to this «ttifiaaatiron. Grantees' attention is called, in particular, to the folloa9ng defnritiom from these rules: "Controlled substance" means a controlled substance itt Schedules I through V of the Controlled Substetwes Act (21 U.5.C. 8121 end a9 further de5ned by regulation (21 CFR 1308.11 thtugh 1306.15); "Cauriction" means s fording of guilt (including a plea of solo contmdae) oz imposition of sentence, or bodb by my jwfiaial body charged with the . responsibility to deltamine violations of the Federal or State crirainrd dnrg statutes; "Gtiminal drug statute" ttteans. a Federal or non-Federal criminal statute involving the mmutfecture, distnbution, dispensing, use; or possession of eery controlled substance; "Employee" means the employee of s gcenta dircctiY ~@.~ in ~ T~m'"~e of work undo a 8ratn4 including: (tj All "duect charge" employees; (ii) ale "indirect charge" employees unless their impact or involvement is insignificant to the perfptmettce of the grant; and (iii) temporary petaowtel and conaultente who era directly engaged in the pafotmrmce of work uttdU' the grant end who an Osi dte grantee's payroll. Thts defmition does not include workers not on the payroll of tht grantoe (e,g., vOluhteers, even if used to mat a »~atching requitanenr consultants or indepepdatt con4aotots nt~t on the grantee's payroll; or employees of aubrecipieatg of subconuaators in coveted workplaces). EXIIIBTT F ASSURANCES CORPORATION hereby assures and certifies that it will comply with all regulations, policies, guidelines and requirements applicable to the acceptance and use of Federal funds for this Federally-assisted program and will be responsible for implementing and complying with all relevant future changes to Federal Regulations or OMB Circulars. Specifically CORPORATION gives assurances and certifies with respect to the PROGRAM that it is in compliance with the following Regulations as defined by 24 CFR, Part 570, Subpart J; 24 CFR, Part 570, Subpart K; and will be conducted and administered in conformity with "Public Law 88.352 and Public Law 90-284. 570.601. Public Law 88-352 and Public Law 90-284; affirmatively furthering fair housing; Executive Order 11063, as amended by Executive Order 12259 addresses discrimination. HUD regulations implementing Executive Order 11063 are contained in 24 CFR, Part 107. 2. 570.602. Section 109 of the Act addresses discrimination. 3. 570.603. Labor Standazds. 4. 570.604. Environmental Standazds. 5. 570.605. National Flaod Insurance Program. 6. 570.606. Relocation, Displacement and Acquisition. 7. 570.607. Employment and Contracting Opportunities. 8. 570.608. Lead-Based Paint. 9. 570.609. Use of Debarred, Suspended, or Ineligible Contractors or Subrecipients. 10. .570.610. Uniform Administrative Requirement and Cost Principles. The COUNTY, its Subrecipients, agencies or instrumentalities, shall comply with the policies, guidelines, and requirements of 24 CFR Part 85 (Common Rule), and OMB Circulazs A-110 (Grants and Agreements with Non-Profit Organizations), A-122 (Cost Principles for Non- Profits), A-128 (Audits of State and Local Governments-implemented at 24 CFR, Part 24), and A-133 (Audits of Institutions of Higher Education and Other Non-Profit Institutions), as applicable, as they relate to the acceptance and use of Federal funds under this part. The applicable sections of 24 CFR, Part 85 and OMB Circular A-100 aze set forth at 570.502. EXHIBITF-ASSURANCES 1 REVISED 11/15100 11. 570.611. Conflict of Interest. 12. 570.612. Executive Order 12372 allows States to establish its own process for review and comment on proposed Federal financial assistance programs, specifically the use of CDBG funds for the construction or planning of water or sewer facilities. i w~Jfy2000/01/files contracts/assorrances i EXHIBITF-ASSURANCES 2 REVISED 11/15/00 EXHIBIT G B-2 (HCD-O) INSURANCE REQUIREMENTS FOR NON-CONSTRUCTION/NON-PROFESSIONAL CONTRACTS ABOVE $100.000 Indemni The Contractor shall indemnify, defend, and hold harmless the County of Santa Claza (hereinafter "County"), its officers, agents and employees. from any claim, liability, loss, injury or damage arising out of, or in connection with, performance of this Agreement by Contractor and/or its agents, employees or sub-contractors, excepting only loss, injury or damage caused by the sole negligence or willful misconduct of personnel employed by the County. It is the intent of the parties to this Agreement to provide the broadest possible coverage for the County. The Contractor shall reimburse the County for all costs, attorneys' fees, expenses and liabilities incurred with respect to any litigation in which the Contractor is obligated to indemnify, defend and hold hamiless the County under this Agreement. Insurance Without limiting the Contractor's indemnification of the County, the Contractor shall provide and maintain at its own expense, during the term of this Agreement, or as may be further required herein, the following insurance coverages and provisions: A. Evidence of Coverage Prior to commencement of this Agreement, the Contractor shall provide a Certificate of Insurance certifying that coverage as required herein has been obtained. The County's Special Endorsement form shall accompany the certificate. Individual endorsements executed by the insurance carrier may be substituted for the County's Special Endotsement form if they provide the coverage as required. In addition, a certified copy of the policy or policies shall be provided by the Contractor upon request. This verification of coverage shall be sent to the requesting County department, unless otherwise directed. The Contractor shall not receive a Notice to Proceed with the work under the Agreement until it has obtained all insurance required and such insurance has been approved by the County. This approval of insurance shall neither relieve nor decrease the liability of the Contractor. B. Oualifving Insurers All coverages, except surety, shall be issued by companies which hold a current policy holder's alphabetic and financial size category rating of not less than A V, according to die current Best's Key Rating Guide or a company of equal. financial stability that is approved by the County's Insurance/Risk Manager. EXHIBIT G B-2 (HCD-O) C. Insurance Required I. Commercial Genera] Liability Insurance -for bodily injury (including death) and property damage which provides limits as follows: a. Each occurrende - $1,000,000 b. General aggregate - $2,000,000 c. Products/Completed Operations aggregate - $2,000,000 d. Personallnjury - $1,000,000 A minirnum of 50% of each of the aggregate limits must remain available at all times unless coverage is project specific. 2. General liability coverage shall include: a. Premises and Operations b. Products/Completed c. Contractual liability, expressly including liability assumed under this Agreement. d. Personal Injury liability e. Owners' and Contractors' Protective liability £ Severability of interest 3. General liability coverage shall include the following endorsements. copies of which shall be provided to the County: a. Additional Insured Endorsement: Insurance afforded by this policy shall also apply to the County of Santa Clara, and members of the Boazd of Supervisors of the County of Santa Clara, and the officers, agents, and employees of the County of Santa Clara, individually and collectively, as additional insureds. Such insurance shall also apply to any municipality in which the work occurs and they shall be named on the policy as additional insured (if applicable). z B-2 (fiCD-O) L.J b. Primary Insurance Endorsement: EXHIBIT G Insurance afforded by the additional insured endorsement shall apply as primary insurance, and other insurance maintained by the County of Santa Claza, its officers, agents, and employees shall be excess only and not contributing with insurance provided under this policy. c. Notice of Cancellation or Change of Coverage Endorsement: Insurance afforded by this policy shall not be canceled or changed so as to no longer meet the specified County insurance requirements without 30 days' prior written notice of such cancellation or change being delivered to the County of Santa. d. Contractual Liability Endorsement: Insurance afforded by this policy shall apply to liability assumed by the insured under written contract with the County of Santa Clara. 4. Automobile Liability Insurance For bodily injury (including death) and property damage which provides total limits of not less than one million dollazs ($1,000,000) combined single limit per occurrence applicable to all owned, non-owned and hired vehicles. 5. Workers' Compensation and Employer's Liability Insurance a. Statutory California Workers' Compensation coverage including broad form all-states coverage. b. Employer's Liability coverage for not less than one million dollars ($1,000,000) per occurrence. c. Coverage under the United States Longshoremen's and Hazbor Workers' „ Act shall be provided when applicable. D. Special Provisions The following provisions shall apply to this Agreement: 1. The foregoing requirements as to the types and limits of insurance coverage to be maintained by the Contractor and any approval of said insurance by the County or its insurance consultant(s) are not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Contractor pursuant EXHIBIT G B-2 (IiCD-0) to this Agreement, including but not limited to the provisions concerning indemnification. 2. The County acknowledges that some insurance requirements contained in this Agreement may be fulfilled by self-insurance on the part of the Contractor. However, this shall not in any way limit liabilities assumed by the Contractor under this Agreement. Any self-insurance shall be approved in writing by the County upon satisfactory evidence of financial capacity. Contractors obligation hereunder may be satisfied in whole or in part by adequately funded self-insurance programs or self-insurance retentions. 3. Should any of the work under this Agreement be sublet, the Contractor shall require each of its subcontractors of any tier to carry the aforementioned coverages, or Contractor may insure subcontractors under its own policies. 4. The County reserves the right to withhold payments to the Contractor in the event of material noncompliance with the insurance requirements outlined above. B-2 (HCD-O) Revised l2/I 1/00 -all owned auto URBAN COUNTY HOUSING REHABILITATION SERVICES EXHIBIT H Description: The Santa Clara County Housing Rehabilitation Program provides services to the City/Town. The County shall provide a large range of housing rehabilitation services including application processing, bid process, loan preparation, construction monitoring and loan servicirig. (See attached Santa Clara County Housing Rehabilitation Program Guidelines.) RESPONSIBILITIES OF THE COUNTY 1. Review client's application, verify that client's property is located in the appropriate jurisdiction and make a preliminary determination regarding income eligibility in accordance with most current income guidelines determined by Federal Department of Housing and Urban Development for Santa Clara County. 2. Continue to process application, order credit report and preliminary title report, schedule termite inspection and conduct an Minor Rehabilitation Environmental Review (MRER) of the property in accordance with NEPA requirements, as applicable. 3. Schedule and meet with the Loan Review Committee to discuss client's application, income status and proposed work scope. Advise client of the final decision regarding approval/disapproval, and loan terms. (See attached Santa Clara County Housing and Community Development Loan Committee Policies and Procedures.) 4. Inspect property to assist client in assessing and designing needed property improvements in order to bring the property in conformance with local building and housing codes, as well as prepare a Project Cost Estimate (scope of work) detailing the proposed work items and cost estimates. 5. Review work write-up with the client. Invite contractors to submitwritten bids based on approved scope of work. Review bids with client and assist client in selecting the responsible bidder who submits the lowest price bid. Verify that selected bidder complies with all insurance and licensing requirements. 6. Prepare all loan documents for signature and recordation as appropriate, such as Deeds of Trust, Promissory Notes, Notices of Right to Cancel, Truth in Lending Disclosure Statements, Requests for Notice and Owner Participation Agreements, etc. agmt.hsg.rehab.cxibit 11127/01 ~ 7. Assist client in finalizing construction contract documents and authorize commencement of work. Review construction work in progress for compliance with project specifications and conformance with all applicable codes, etc. when formally inspected by local/county building offices. Authorize change orders and progress payments up to 90% of contract price to contractor with property owner's approval. 8. Perform final inspection and authorize final payment to contractor after receipt of finaled building permit, mechanic's lien releases, contractor's affidavit and any applicable warranties or guarantees and any manufacturer's informational materials. Record Notice of Completion. After 35 days from date of recordation, verify that no unreleased, recorded mechanic's liens have been recorded and release the withheld 10% retention to the contractor. 9. Provide client with a Housing Rehabilitation .Evaluation Questionnaire for completion and return to the County Program Manager. 10. Maintain client file, ensure client's ongoing adherence to hazard insurance requirements, issue final letter to client documenting all rehabilitation costs, change orders and final loan amount. 11. Clarify any warranty or guarantee issues. 12. Provide City/Town with written Quarterly Report including financial on project accomplishments. 13. All "program income" generated from loan payoffs shall be deposited, accounted for and tracked individually for each jurisdiction and shall fund future housing rehabilitatioh projects only in such jurisdiction. RESPONSIBILITIES OF THE CITYl1'OWN 1. Distribute Housing Rehabilitation Brochures or flyers to various locations frequented by the general public. 2. Publish an advertisement at least four times annually informing the residents of the existence of the Housing Rehabilitation Program and its basic eligibility requirements and how to contact the program. agmthsg.rehab.-exibit I I I/27/Ol 2 3. Run a public service advertisement on the local public access television station at least twice annually describing the Housing Rehabilitation Program. 4. Refer pre-screened call-in or walk-in clients who'appear to meet basic program criteria to the Housing Rehabilitation Program. Clients that have applied and withdrawn shall be processed as new applicants after a period of six months from date of the previous application. 5. Upon execution of the contract by designated City and County officials, the City/Town shall make a lump sum transfer of-$200,000.00 from the Revolving Housing Rehabilitation Loan Fund to the Santa Clara County Housing Rehabilitation Program to be applied to project costs for four (4) new projects. 6. Upon execution of the contract by designated City and County officials, the City/Town shall transfer $20,000.00 from City/Town's CDBG funds to the County for Housing Rehabilitation Services for staff costs to fully execute (4) four new rehabilitation loans during the program year specified by the attached contract. 7. It the agreed upon number of four (4) loans is exceeded and upon mutual agreement between the County and the City/Town, the City/Town shall transfer to the County $2,500..00 for any project completed from initial application through bid opening and an additional $2,500.00 for any project completed through project closeout. The same shall apply to any project that is discontinued by the client. 8. In the event that County staff is required to exceed the prescribed responsibilities set forth herein, the City/Town shall compensate the County for professional staff work at the .rate of $60.00 per hour per professional staff member. CDBG funding amount $20,000.00 Unduplicated clients 4 Cost per year per client $5,000.00 Total Program Budget $20,000.00 agmt.hsg.rebab.-exibit 111/27/01 SANTA CLARA COUNTY COOPERATIVE HOUSING REHABILITATION PROGRAM GUIDELINES I. INITIAL APPLICATION • Mail or deliver application packet to property owner with explanation of basic program objectives and procedures (see attached Guidelines). • Review client's application and verify household income, household size, applicant's age, credit history, and other information pertaining to loan processing. • Obtain applicant's authorization to gather financial information. and order Credit report. • If applicant is willing to continue and eligibility seems likely, order preliminary title report. • Order Structural/Pest Control report, if applicable. APPLICABLE DOCUMENTS • Application Form • Authorization Form • Request For Information Form • Informational Brochures • Environmental Review Form II. INITIAL INSPECTION • Meet with property owner, and inspect the property for conformance with building, housing, and health codes. Explain to property owner what type of repair work is eligible (ie.. Health and Safety Items), and what type is considered General Property Improvements. ,Termite inspection report will be incorporated into the work write-up. REHAB PROCEDURES-2000 1 • Based on initial inspection, -order design work, engineering work, or additional professional inspections, if necessary. • Prepare Work Write-up including specifications and preliminary cost estimates. III. PREPARATION OF CONSTRUCTION SPECIFICATIONS • After approval of preliminary Spec List and cost estimates by property owner, prepare final specifications. • Explain bidding procedures to property owner. i IV. LOAN PROCESSING • Take project information to loan committee members for their review and approval. • Inform applicant of approval or denial and exact conditions and terms of rehabilitation loan. V . -- BIDDING PROCEDURES • Prepare contractor's bid package and send it to appropriate number of contractors from list of aooroved bidders. Aooroved bidders have demonstrated that they meet the following minimum program requirements: C~ 1. Liability insurance; 2. Workers Compensation Insurance; 3. Contractor's license currently in good standing; 4. Proof of solvency; 5. References checked for related work. • Establish bidding period and bid due date/time. REHAB PROCEDURES-2000 2 • Mail bid invitations and packages to contractors. i • Inform property owner that during a given period, (usually one week) contractors will be calling to make appointments for site inspections; or, in cases of property owners who need assistance, an open house is scheduled for a given afternoon and contractors are allowed site inspection at that time only. • Hold bid opening at pre-determined time, date, and location... • Review bids for program. compliance and mathematical accuracy. • Review responsible bids with property owner and contractor is selected by owner. Property owner is allowed to choose any bid which is withiri a 10% range of Rehab Specialist's estimate, or the lowest bidder. VI. APPLICABLE DOCUMENTS • Invitation To Bid • Instructions to Bidders • Bid Document • Work Write-up with Estimates • Bidder's Qualifications •Addenda LOAN CLOSING • Prepare loan documents based on accepted bid amount, contingency amount, design costs, inspection costs, appraisal costs, title fees, and other necessary costs. • Obtain property owner's initials on loan fact sheet. • Prepare contract between property owner and contractor based on accepted bid amount. Contract includes total construction costs and projected dates for beginning and end of construction. • Meet with property owner for signing of loan documents. • Concurrently, contractor signs construction contract and REHP.B PROCEDURES-2000 3 any other relevant documents. • Record appropriate documents and issue notice to proceed to contractor. • Hold, if necessary, apre-construction conference with property owner and contractor present at work site. APPLICABLE DOCUMENTS • Deed of Trust • Promissory Note • Truth In Lending Statement • Right of Rescission •Addenda • Statement of Information VII . CONSTRUCTION MONITORING • Make twice weekly or more often site visits to ensure compliance with specifications and program guidelines. • Perform the following services as necessary: 1. Resolve questions between property owner and contractor; 2. Execute written change orders when applicable; 3. Process contractor's payment requests; 4. Co-authorize payments with owner, as applicable; 5. Perform final inspection and prepare "punch list" as applicable; 6. Obtain copy of signed final building permit; 7. Obtain and record notice of completion, signed by property owner. REHAB PROCEDURES-2000 4 APPLICABLE DOCUMENTS • Contract Award • Contract Agreement • Lead Base Paint Notification • Notice To Proceed • Progress Payment Request • Change Orders • Final Inspection Report VIII . PROJECT CLOSEOUT • Obtain lien releases from contractor for subcontractors and material suppliers. • Review County Recorder's records for any construction related liens attached to property. • Assist owner in obtaining any warranty or guarantee documents or materials, from contractor. • Issue final payment to contractor after all conditions are met and designated waiting period has expired. Waiting period is 35 days after notice of completion is recorded. . • Mail Project Evaluation form to property owner. APPLICABLE DOCUMENTS • Notice of Completion • Certificate of Final Inspection • Lien Release Forms • Roof and Other Warranties • Contractor's Affidavit • Project Evaluation Form • REHAB PROCEDURES-2000 5 SANTA CLARA COUNTY HOUSING AND COMMUNITY DEVELOPMENT LOAN COMMITTEE POLICIES AND PROCEDURES Purpose The purpose of the Santa Clara County Housing and Community Development (HCD) Loan Committee is to evaluate loan applications and approve loan terms for projects that have been recommended by the Housing and Community Development Program. Committee Objectives i. Review and approve/reject all applications for rehabilitation loans in a timely manner. 2. Assure that all loans approved are in conformance with all appropriate Federal, State, or local requirements. 3. Provide housing rehabilitation loans to clients most in need of assistance. 4. Approve loans with the most effective mix of available funding sources. Committee Membership and Terms of Service The Loan Committee is composed of three (3) County staff appointed by the County Executive. There is no limit to the length of tenure in the position and the members serve at the discretion of the County Executive. The desired expertise for committee membership includes knowledge of Federal, State, or local housing programs, awareness of local affordable housing needs, and financial procedures in real estate transactions. Committee Staffine HCD staff provides technical assistance and staff support to the Loan Committee. Specific HCD staff support members are the HCD Program Manager and Housing Rehabilitation Coordinator. Other HCD staff provide additional committee support as needed. -1- Steps To Review Loan Annlications 1. Evaluate the reasonableness presented on the loan application and assure the appropriate use of funds. 2. Set terms and conditions for loans in the unincorporated County, City of Cuperinto, City of Los Altos, Town of Los Altos Hills, Town of Los Gatos and City of Saratoga. 3. Review and approve loan subordination agreements . 4. Approve/reject specific loan applications and set repayment terms, due dates, and interest rates. 5. When appropriate, make recommendations to the Santa Clara County Board of Supervisors for final approval of loan transactions. Meetings The Loan Committee meets on an as-needed basis. Meetings are scheduled when there are approximately two (2) or more loan applications to be reviewed and processed. Committee Chairperson The Loan Committee has one chairperson appointed by consensus of the committee membership. Currently, the chairperson's term is indefinite. Committee Decision Making Process All Loan Committee decisions will be reached by consensus, if possible. If a decision cannot be reached by consensus, the Loan Committee will decide the issue by majority vote. Committee Documentation Regular minutes will be maintained regarding the actions of each Loan Committee meeting. HCD staff will be responsible for transcribing and typing the meeting minutes and distributing them to the Loan Committee members and all affected juristictions. The Chairperson will approve all .actions approved during a Loan Committee meeting by signing a copy of the approved minutes. -2- Basic Loan Policies 1. All loan applications and requests will be considered on a first-come first-serve basis. However, priorities will be considered in cases of great need or urgency as defined by each funding source guideline. Need includes factors such as income, age and physical condition of client, overcrowding and any existing health or safety issues. Urgency includes any factor that presents a serious health or safety threat. The Loan Committee will follow basic funding source (CDBG, ESG, HOME, etc.) guidelines in judging a project or client's suitability for loans. 2. All loans will be distributed in a manner assuring 100% low income (80% of County median income) or very low income (50% of County median income) benefit except where the funding source guideline (i.e. CALDAP) instructs otherwise. 3. All loans to homeowners for single family residential rehabilitation (i.e. unincorporated County, City of Cupertino, City of Los Altos, Town . of Los Altos Hills, Town of Los Gatos and City of Satatoga) will be awarded as shown on the attached Housing Rehabilitation Loan Opportunities chart. The loan can be deferred at 0% or 6% annual percentage rate (APR) or amortized at 0% or 3%. The length of the loan will be 15 years unless some special exception is justified. 4.. , Other loans such as loans to Non-Profits for acquisition and rehabilitation of an existing structure for the purpose of creating or maintaining low cost housing will not have a specific loan amount limit. Unless a case for an exception can be made, the loan terms will be 6% APR if the loan is deferred and 3% if the loan is amortized. The length of the loan will be 30 years unless an exception is necessary to assure the long term affordability of the rents or viability of the project. All of the loans are secured by a deed of trust. 5. All loans, be it acquisition and rehabilitation, new construction, or acquisition only, shall be submitted to the Loan Committee for review. The Loan Committee has the option to establish the terms of the loan or to recommend that the applicant request a grant from the Board of Supervisors. lrc.pol & pro.9/13/96 -3- f DECLARATION OF CONTRACTOR Ito be completed by all Type I or Type II contractors) EXHIBIT I A. [xj This is a Type I service contract under the Board of Supervisors Resolution on Contracting Principles. If this box is checked, please complete the following: Type I Category: ~ Section II C.6 Explanation: Contract with other oublic agencies. ~. [ ) This is a Type II contract under the Board of Supervisor's Resolution on Contracting Principles. C. To be completed by Contractor: The contractor currently has other County Contracts for the same or similar services: [ ) Yes [x) No If Yes is checked, please fist and describe contracts, types and dollar amounts. D. I am authorized to complete this form on behalf of .. I have used due diligence in obtaining ° herein is complete and accurate. Signature: Name: Dave Anderson ity of Saratoga _(name of contracting entity). and this information contained Title: City Manager Contractor : City of Saratoga Date: Contracts #3 99/00 City/County Contract ~rg/9/15/99 CONTRACT PROVISIONS TO IMPLEMENT THE TERMS OF THE RESOLUTION RE CONTRACTING PRINCIPLES [TYPE I CONTRACTS] This contract is a Type I service contract, subject to the Resolution of Contracting Principles adopted by the Board of Supervisors on October 28; 1997. Accordingly, Contractor shall comply with all of the following: a. Contractor shall, during the term of this contract, comply with all applicable federal, state, and local rules, regulations, and laws. b. Contractor shall maintain financial records adequate to show that County funds paid under the contract were used for purposes consistent with the terms of the contract. These records shall be maintained during the term of this contract and for a period of three (3) years from termination of this contract or until all claims, if any, have been resolved, whichever period is longer, or longer if otherwise required under other provisions of this contract. The failure of Contractor to comply with this Section or any portion thereof may be considered a material breach of this contract and may, at the option of the County, constitute grounds for the termination and/or non-renewal of the contract. Contractor shall be provided reasonable notice of any intended termination or non-renewal on the grounds of noncompliance with this Section, and the opportunity to respond and discuss the County's intended action. 2 Type I ContractslExh i - p. 2 Contracting Principles 7/19/99 L.J SARATOGA CITY COUNCIL MEETING DATE: November 20, 2002 ORIGINATING DEPT: Community Development .---~ AGENDA ITEM: ~J CITY MANAGER: PREPARED BY: Thomas Sullivan, AICP DEPT HEAD: SUBJECT: Major Update and Amendment to the Tree Ordinance RECOMMENDED ACTION: 1. Adopt the attached Resolution Granting Negative Declaration of Environmental Impact to the Ordinance Amendment, and 2. Waive First Reading and direct Staff to place the ordinance on the Consent Calendar for the December 6, 2002 regular City Council meeting for second reading and adoption. CEQA: Staff has prepared and attached an Initial Study and Negative Declaration of Environmental Impact related to the proposed Ordinance amendment: As the proposed amendments constitutes a major update and re-write to the existing Tree Regulations, the ordinance is not categorically exempt from the requirement of the California Quality Act (CEQA). In preparing the Initial Study, Staff found no significant negative environmental impacts associated with the adoption of the proposed ordinance. REPORT SUMMARY: The Planning Commission on October 23, 2002 adopted a Resolution recommending the City Council update and amend the City's Tree Ordinance. For the past several months it has become increasingly clear that the City's Tree Regulations, Article 15-50 of the Saratoga Code were in need of a major rewrite. Recently, the Planning Commission established aSub-Committee to work on updating the Tree Regulations. This Sub- committee consisted of Lisa Kursch, Jill Hunter, Mike Garakani and myself. Approximately ten years ago a great effort was made in this regard, the work that Commissioner Kursch and others accomplished 10-years ago allowed the Sub-Committee to move rapidly toward having a draft ordinance before the Planning Commission for Public Hearing and subsequent recommendation to the City Council J Article 15-50 -Tree- Regulations, .needs to be updated and amended in order that. there is sufficient clarity to allow those who are affected by the. regulations to understand what is expected prior to an enforcement action. Enforcement activities, when required, will be more straightforward due to the clarity. Again, the intent of the update and amendments is to provide clarity, not simply to make the. ordinance more onerous. The additions that are proposed to the Definitions Section alone will provide a tremendous benefit.. _ . The revised tree regulations in part accomplish the following: • Changes where and how tree sizes are measured to be consistent with International Society of Arborist (ISA) standards, Diameter at Breast Height (DBH) which is four and one-half feet from the ground at the high side of the tree if the ground is sloping. • The diameter size of an ordinance protected Oak is proposed to be reduced to 6-inches. from 10-inches and all other trees will be protected at a diameter size of 10-inches.. This is reduced from 12-inches. Moving the location of measurement from 2-feet above grade to 41/2 feet above grade accounts for some of the reduced size. • -The revised Tree Regulations will include amuch-expanded set of definitions. The current ordinance has four definitions, the revised ordinance has,22. • Greater detail is provided regarding minimum information to be provided on a site plan. • It establishes a NOTICE requirement for Tree Removal permit application. • The revised regulations would provide that any pruning of a free's crown that is greater than 20% of the crown in any single year of growth period would require a Pruning Permit. The pruning of Agricultural trees is exempt. • A Pruning Permit and noticing 'will be required for any pruning of trees located on a neighboringproperty. • Excavations or hardscape surfaces are not allowed within the root zone of any protected tree. • The revised ordinance provides the authority to require arborist reports for development projects, • The revised ordinance requires the submittal of a complete Tree Preservation Plan for development projects. • The ordinance calls for the establishment of a Tree Fund, separate and distinct from the General Fund. • The ordinance increases the violation from an infraction to a misdemeanor unless in the discretion of the enforcing authority charged and prosecuted as an infraction. A misdemeanor can always be reduced to an infraction by. a Judge or dismissed by the City Attorney as part of a negotiated settlement • The revised ordinance also requires that not only do any businesses, which remove - protected trees performs pruning on protected trees have a City Business License, but. also that they have a Certified Arborist on staff in a supervisory role. Staff has used the ~sug13/bold italics to demonstrate what is being deleted from the. existing ordinance and what is being added to the existing ordinance. 2of17 15-05.020 Purposes of Chapter. The purposes of this Chapter shall be to promote and protect the public health, safety, peace, comfort, convenience, prosperity and general welfare, including the following more specific purposes: (a) To control the physical development of the City in such a manner as to preserve it as essentially a residential community with a rural atmosphere. (b) To achieve the arrangement of land uses depicted in the General Plan. (c) To foster a harmonious, convenient, workable relationship among land uses. (d) To promote the stability of existing land uses which conform with the General Plan, and to protect them from inharmonious influences and harmful intrusions. (e) To ensure that public and private lands ultimately are used for the purposes, which are most appropriate and most beneficial from the standpoint of the City as a whole. (f) To prevent population densities in excess of those prescribed in the General Plan, and to maintain a suitable balance between structures and open spaces on each site. (g) To ensure adequate light, air and privacy for each dwelling unit. (h) To minimize traffic congestion and to avoid the overloading of utilities by preventing the construction of buildings of excessive size in relation to the land around them. (i) To facilitate the appropriate location of community facilities and institutions. (j) To provide for adequate off-street parking and loading facilities. (k) To provide for the orderly, attractive development of commercial facilities in those areas where permitted by the General Plan. (1) To exclude new industrial development in order to preserve the essential residential character of the City. (m) To preserve natural beauty of the City. (n) To ensure that uses and structures enhance their sites and harmonize with improvements in the surrounding area. (o) To protect and enhance real property values withih the City. (p) To protect and preserve heritage trees, oaks and other significant trees throughout real property development planning and implementation processes. 15-45.070 Application requirements. (a) Application for design review approval shall be filed with the glag Community Development Director on such form, as he shall prescribe. The application shall include the following exhibits: (I) Site plan showing (i) property lines, (ii) easements and their dimensions, (iii) underground utilities. and their dimensions, (iv) structure setbacks, (v) building envelope, (vi) topography, (vii) species, trunk diameter, canopy driplines, locations, and diameter of all trees ^-^-'^~,~o~ ~~~~ measuring at least (10) inches, as measured tyre-€eet at four and one-half (4 %) feet above natural grade (DBH), and all oaks measuring at least six (6) inches, as measured at four and one-half feet above natural grade (DBH), (viii) areas of dense vegetation ~~eel~ and (ix) riparian corridors. 3of17 (2) A statement of energy conserving features proposed for the project. Such features may . include, but are not limited to, use of solar panels for domestic hot water or space heating, passive solar building design, insulation beyond that required under State law, insulated windows, or solaz shading devices. Upon request, the applicant shall submit a solar shade study if determined necessary by the Dom' ^~~a~ins~irectar Commuuity Development Director. (3) Elevations of the proposed structures showing exterior materials, roof materials and window treatment (4) Cross sections for all projects located on a hillside lot, together with an aerial photograph of the site if requested by the D.~or Community Development Director. (5) Engineered grading and drainage plans, including cross sections if the structure is to be constructed on a hillside lot. (6) Floor plans that indicate total gross floor area, determined in accordance with Section 15- 06.280 of this Chapter. (7) Roofplans. (8) Landscape and irrigation plans for the site, showing the location of existing trees proposed to be retained on the site, the location and design of landscaped areas, types and qum:tities of landscape materials and irrigation systems, appropriate use of natives and water co~:serving materials and irrigation systems and all other landscape features. (9) Tree preservation plan, as required in Article 15-50.130. (9) (IO) Preliminary title report showing all parties having any interest in the property and any easements, encumbrances and restrictions which benefit or burden the property. (-19) (II) such additional exhibits or information as may be required by the D1°~~° ~~r~r Community Development Director. All exhibits shall be drawn to scale, dated and signed by the person preparing the exhibit. Copies of all plans to be submitted shall consist of two sets drawn on sheets eighteen inches by twenty-eight inches in size and eleven fifteen reduced sets on sheets eleven inches by seventeen inches in size. (i-1) (12) a geotechnical clearance as defaned in Section 15-06.325 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 to time by resolution of the City Council. (Amended by Ord. 71-106 § 9, 1992) 15-45.080 Resign Review findings. The Planning Commission shall not grant design review approval unless it is able to make the following findings: (a) Avoid unreasonable interference with views and privacy. The height, elevations and placement on the site of the proposed main or accessory structure, when considered with reference to: (i) the nature and location of residential structures on adjacent lots and within the neighborhoods; and (ii) community view sheds will avoid unreasonable interference with views and privacy. (b) Preserve natural landscape. The natural landscape will be preserved insofar as practicable by designing structures to follow the natural contours of the site and minimizing tree and soil removal; grade changes will be minimized and will be in keeping with the general appearance of neighboring developed areas and undeveloped areas. 4of17 (c) Preserve oaks and heritage trees. AZI heritage trees designated for protection pursuant to Section 15-50.020 (j) will be preserved. All oak trees designated for protection pursuant to Section IS-50.050 will be preserved, or, given the constraints 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 City Arborist will be minimized using the criteria set forth in Section 15-50.050. ~ (d) Minimize perception of excessive bulk. The proposed main or accessory structure in relation to structures on adjacent lots, and to the surrounding region, will minimize the perception of excessive bulk and will be integrated into the natural environment. ~ (e) Compatible bulk and height. The proposed main or accessory structure will be compatible in terms of bulk and height with (i) existing residential structures on adjacent lots and those within the immediate neighborhood and within the same zoning district; and (ii) the natural environment; 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. (~ (~ Current grading and erosion control methods. The proposed site development or grading plan incorporates current grading and erosion control standards used by the City. ~ (g) Design policies and techniques. The proposed main or accessory structure will conform to each of the applicable design policies and techniques set forth in the Residential Design Handbook and as required by Section 15-45.055. (Amended by Ord. 71.99 § 27, 1991) 15-46.030 Application requirements. (a) Application for design review approval shall be filed with the Community Development Director on such form, as he shall prescribe. The application shall include the following exhibits: (1) 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 location of all ordinance sized trees ^°~~ ~°^'°° ~~^w^° ~~ a:^~°*°~ as measured ~sve four and one-ha[f feet above natural grade (DBH). The site plan shall indicate the locations of entrances and exits and the direction of traffic flow 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 elevations of the proposed structures as they will appear upon completion. All exterior surfacing materials and their colors shall be specified, and the size, location, material, colors and illumination of all signs shall be indicated. (3) A landscape and irrigation plan for the site, showing the locations of existing trees proposed to be retained on the site, t''°'^^^'~^~ ^~a a°~~~ ^O1^~-'^^^~°a ^ ~-' •'~^ ~ ~°~~°^ ^P«7^°~ ^^'°~^'^ `^ ''^ ~'^~'°a '''^~°~° types and quantities of landscape plants and materials and irrigation systems, appropriate use of native, and water conserving plants and materials and irrigation systems, and all other landscape features. (4) Cross sections for all projects located on a hillside lot. (5) Engineered grading and drainage plans, including cross sections if the structure is to be constructed on a hillside lot. (6) Floor plans showing total gross floor area, determined in accordance with Section 15-06.280 of this Chapter. • (7) Roof plans. Sof17 (8) Such additional exhibits or information as may be required by the ;?lannir~-air-eet~ Community Development Director or the Planning Commission. All exhibits shall be drawn to scale, dated and signed by the person preparing the exhibit. Copies of all plans to be submitted shall consist of two sets drawn on sheets eighteen inches by twenty-eight inches in size and ten sets on sheets eleven inches by eigl}teea seventeen inches in size. (b) The application shall be accompanied by the payment of a processing fee, in such amount as established from time to time by resolution of the City Council, together with a deposit toward the expense of noticing the public hearing as determined by the D'~^~~~.b ~e~r Commuzity Development Director. 15-46.040 Design criteria. hr reviewing applications for design review approval under this Article, the Planning Commission shall be guided by the following criteria: (a) Where more than one building or structure will be constructed, the architectural features and landscaping thereof shall be harmonious. Such features include height, elevations, roofs, material, color and appurtenances. (b) Where more than one sign will be erected or displayed on the site, the signs shall have a common or compatible design and locational positions and shall be harmonious in appearance. (c) Landscaping shall integrate and accommodate existing trees and vegetation to be preserved; it shall make use of water-conserving plants, materials and irrigation systems to the maxinzunz extent feasible; and, to the extend possible, it shall be clustered in natural appearing groups, as opposed to being placed in rows or regularly spaced. (d) Colors of wall and roofizig materials shall blend with the natural landscape and be nonreflective. (e) Roofing materials shall be wood shingles, wood shakes, tile, or other materials such as composition as approved by the Planning Commission. No mechanical equipment shall be located upon a roof unless it is appropriately screened. (~ The proposed development shall be compatible in terms of height, bulk and design with other structures in the immediate area. Article 15-50 TREE REGULATIONS 15-50.010 Findings; purposes of Article. 15-50.020 Definitions. 15-50.030 Application of Article. 15-50.040 Street trees. 15-50.050 Removal of certain trees without permit. 15-50.060 Exceptions. 6of17 ~J 15-50.070 Application for permit. 15-50.080 Determination on permit. 15-50.090 t~ppeals-Development or improvement projects 15-50.100 ~'~°'•~'or.-qty. Appeals 15-50.110 c°«'-°°'~ °r~°•° ° »°«~•°«~°r ~-°--• ° ~°«~»~ «-°°° No liability upon City 15-50.120 ~ -Setback of new construction from existing trees IS-50.130 ArboristReport 15-50.140 Tree Preservation Plan 15.50-I60 Tree Fund 15.50-170 Enforcement IS.50-I80 Violations; penalties and remedies 15.50-190 Tree Companies Operating in the City 15.50-200 Possession of an Approved Tree Removal Permit 15-50.010 Findings; purposes of Article. The City Council finds that the City is primarily a residential community; that the economics of property values is inseparably connected with the rural attractiveness of the area, much of which is attributable to the wooded hillsides and the native and ornamental trees s^" located throughout the City; that the preservation of such trees is necessary for the health, safety and welfare of the residents of the City in order to preserve scenic beauty, prevent erosion of topsoil, protect against flood hazards and the risk of landslides, counteract pollutants in the air, maintain the climatic balance and decrease wind velocities. T« :~ «,,° :„«°.,« ,.r «,.:.. n.«:,.,° «° ,...«..,.r...,. _-~_____.,.._ _.,. .--- -__".____._.,._, _..».._`___-____, Y. _......»» .... ...... .........»..,. ...._.. .......... ..... ...,.fie of o..«. .: rl. «,,°.- ..l.l° ,.F.._:. °«., °.rt.. To compliment and strengthen Zoning, subdivision and land use standards and regulations, while at the same time recognizing the privileges of private property ownership, the City Council adopts this ordinance to establish basic standards and measures for the maintenance, 7of17 sustainable urban forest to preserve- and protect significant historic heritage values, and to enhance the unique aesthetic character and enviro»ment of this City. 15-50.020 Definitions. For the purposes of this Article, the following words and phrases shall have the meanings respectively ascribed to them by this Section, unless the context or the provision clearly requires otherwise: (a) "Agricultural tree" means a fruit or nut tree grown in an commercial orchard for the production of fruit or nuts for sale. (b)"Approving body," means any one of the following: City Council, Plannitzg Commission:, or the Community Development Director. (c) "Arborist Report" means a report prepared by a certified arborist containing specific information on the location, condition, structure, potential impacts of development, and recommended actions and mitigation measures regarding one or more trees on an individual lot or project site. (d) "Bond or security deposit" means a ftnancial instrument which guarantees a future condition and includes an irrevocable letter of credit, a passbook or cash. (e)"DBH" means diameter at breast height It is the diameter of a single stem trunk tree measured at four and one-half (4 %) feet above the ground while standing on the high side of the tree. The diameter may be calculated using the following formula: Diameter =Circumference /3.142 To measure trees with multi-stem trunks, the tree diameter equals the full diameter of the largest trunk plus 50% of the diameter of all other trunks on the tree; each trunzk is measured at four and one-half (4 %a) feet above the ground while standing on the high side of the tree. (~"Damage" means any action undertaken which caused short term or long term injury, death, or disfigurement to a tree. 1 his includes, but is not limited to: cutting of roots or limbs, poisoning, over-watering, relocation, or transplanting a tree, or trenching, grading, compaction, excavating or paving within the protected Zone of a tree. (g)"Destroy" means to cause the premature decline of tree health or life as evaluated and determined by the City Arborist. (h)"Dripline" means the outermost edge of the tree's canopy. When depicted on a map or plan, the dripline will appear as an irregular shaped circle that follows the contour of the tree's branches as seen from overhead. (i) "Bn:croachment"means any intrusion or human activity occurring within the root zone of a tree, including, but n:ot limited to structural pruning in excess of ISA Standards, grading, , excavating, trenching, parking of vehicles, storage of materials or equipment, or the construction of structures or other improvements within the root Zone of a tree (j)"Heritage tree" means any tree of historic significance as a tree having historic value related to the heritage of the City and designated by action of the City Council (k) "ISA Pruning Standards" or "Pruning Standards" means the most current edition of those pruning standards established by the Western Chapter of the b:ternational Society of Arboriculture dated 1994, as revised by the Society from time to time. • 8of17 (hl ~aIF tr~^ ...e...,,. v 11 n.,v m..e..,...,. i,.~,,....~ r..rr ...,:., r :.,e n.,v in ~r r..~ ,~ (1) "Oak tree" or "Oak" means any native oak tree of the Cenus Quercus, as further described in the Tree Preservation and Protection Guidelines, regardless of size. This definition shall not include oak trees planted, grown and held for sale by licensed nurseries or the first removal or transplanting of such trees pursuant to and as part of the operation of a licensed nursery business. (k) "Project site" means the site of the proposed tree removal encroachment or development activity. (l) "Protected tree," means any tree as listed in 15-50.050. (m)"Pruning" means any and all work performed on the roots, branches or limbs of a protected tree. (n) "Removal" means the physical removal of a tree or causing the death of a tree fhrougl: damaging, encroaching or other direct or indirect action. (o) "Root zone" means a specifically defined area totally encompassing a tree protected by this Article within which work activities are strictly controlled. Whez: shown on a map, the protected zone appears as an irregularly shaped circle that follows the contour of the tree canopy and extends no less than five (5) feet beyond the dripline of the tree and extends inward to the trunk of the tree, or as otherwise determined by the City Arborist. (~ (p) "Routine maintenance" means actions needed for the continued good health of a tree including, but not limited to, removal of deadwood, insect control spraying and watering. (~ (q) "Shrub" means a bushy, woody plant, usually with several permanent stems, and usually not over fifteen feet high at maturity. The D~~ City Arborist shall have the right to determine whether any specific woody plant shall be considered a tree or a shrub. (~} (r) "Street tree" means any tree within the Public Street orright-of--way. (-~} (s) "Tree" means a woody perennial plant characterized by having a main stem or trunk, or a multi-stemmed trunk system with a more or less definitely formed crown, and is usually over ten feet high at maturity. This definition shall not include trees planted, grown and held for sale by licensed nurseries or the first removal or transplanting of such trees pursuant to and as part of the operation of a licensed nursery business. (t) "Tree fund" means aCity-held monetazy account maintained separately and iz:dependenfly from other City funds. The express functions of the Tree fund are: (1) To receive and hold any fines, penalty assessments or civil penalties for violations of Articlel5-50 of this code; (2) To receive azzd Izold n:ozzetary valuations and payments for replacement trees pursuant to Section 15-50.160 or 15-50.180, as prescribed by the Community Development Director, or as a condition of development approval; and (3) To pay for new or replacement trees, their planting and maintenance, as determined by the Community Development Director, on public properties, streets, easements and dedicated open spaces. (u) "Tree Preservation az:d Protective Guidelines" means the policy established by the City Council and adapted by resolution pursuant to section IS-50.150, and the administrative procedures az:d rules established by the Community Development Director for implementing this Article I S-SO of the City Code. (v) "Tree Preservation Plan" means a detailed plan containing all protective measures to be implemented before, during, and, after construction activities including provision for future maintenance, to preserve and protect all trees to be retained on any project site. LJ 9of17 15-50.030 Application of Article. This Article shall apply to every owner of real property within the City, and to every person responsible for removing a tree regardless of whether such person is engaged in a tree removal business. 15-50.040 Street trees. (a) Policies and standards. The Planning Director shall implement policies and standazds for street tree planting and maintenance as established from time to time by resolution of the Planning Commission or City Council. (b) Planting required condition of approval. The planting of street trees may be required as a condition of any approval granted under this Chapter. (c) Responsibility for maintenance. The City shall provide maintenance for street trees located within a commercial district and on arterial roads, unless such maintenance responsibility has been assumed by a property owner or other person under a landscape maintenance agreement with the City. Tn all other areas of the City, the City shall not conduct but shall control the planting, maintenance and removal of street trees and shrubs which might affect the public right- of-way; the owner or occupant of such property shall be responsible for the maintenance of street trees on the property and in the public right-of--way abutting the property. 15-50.050 Removal of certain trees without permit. Except as otherwise provided in Section 15-50.060, it is unlawful for any person to destroy or remove, or cause to be destroyed or removed, any protected tree open, located on any private or public property in the City without first having obtained a permit to do so issued pursuant to this Article. A protected tree shall consist of any of the following: (13j (a) any oak tree having a~ one or more stems or trunks which measures tl~i~e-i~kes b .Six (6) inches DBH or greater (~ (b) any other tree having a-rxiain one or more stems or trunks which measures f~yz.;~~-~ ,,.,.,,~ : ..,a.~,..,,.e .,« ,. ,,,.:,.,.« ,.o «...,..,.., c,,..~ ,.,.,.,.....~.,...,, ......._.,, ,.....,,,, ten (10) inches DBH or greater. (c) Any street tree, as defined in Section 15-50.020(c~ (r), regardless of size. (d) Any heritage tree, as defined in Subsection 15-50.020(}) regardless of size. (d) (e) any tree that existed at the time of an approval granted under this Chapter or Chapter 14 of this Code....,,, ~ ~ea «,. ,.~ ..~,...en.e,, .. ....., ,.o....,,w ., ..., (ej (fJ any tree required to be planted as a condition of any approval granted under this Chapter or Chapter 14 of this Code. (#~ (g) any tree required to be planted as a replacement ~ ~ °~ ••~'~°F~"•~ ~~-~~~~~~' '~°° as provided ~ Subsection 15-50.160 or 15-SO.I80 of this Article. 10 of 17 15-50.060 Exceptions. The permit requirement set forth in Section 15-50.050 shall not apply to any of the following: (a) Emergencies. If the condition of a tree presents an immediate hazard to life or property, it maybe removed without a permit on order of the City Manager, , T,:_,,,.«°_ «,,° ~,r..:„«°„..„,.° T,:_,.,.+^~the Public Works Director, the Community Development Director, their designated representatives, or a Peace Officer, or fire department having jurisdiction. (~ (b) Public utilities. Public utilities subject to the jurisdiction of the State Public Utilities Commission may without a permit take such action as may be necessary to comply with the safety regulations of the Commission and as may be necessary to maintain a safe operation of their facilities. (d) (c) Project approval. Where removal of a protected tree or encroachment on one or more protected trees has been authorized as part of any project approval granted under this Chapter or Chapter 14 or I6 of this Code, no permit pursuant to this Article shall be required for rerxieval ~n~e; such activitJ', provided, ,,°....,..°.. ,...,.,. «..°° °,.°n „°r ,.° _°„,°..°a ...,«:, .,,° :,.~....„°° ~^-„°„a°a '~•~ ^~a " °~ s ' '°^" the Community Development Director determines in writing that the substantive requirement of this article have been met, including completion of an Arborist Report, and, if necessary, completion of a Tree Preservation Plan azzd posting of a security deposit and/or maintenance bond. Any protected tree authorized for removal or encroachment without permits and pursuant to such project approval shall not be removed, or encroached upon, until the issuance of a building or grading permit for the improvements, which are subject of the approval. 15-50.070 Application for permit. (a) Application for a tree removal permit shall be made to the Pier Community Developmen[ Director on such form as he may prescribe. The application shall contain the number and location of each tree to be removed, the type and approximate size of the tree, the reason for removal, and such additional information as the Director may require. Notice shall be givezz to ten (10) neighboring properties at the time of application, ten (IO) days before a decision on the permit is made. (b) Pruning Permit: A permit is required for structural pruning in excess of ISA Standards during any given growth period er--seaserz or year of any protected tree. Pruning shall not to exceed 20% of the crown. No permit is required for structural pruning, which complies with ISA Prunizzg Standards, or for the pruning of agricultural trees in production. Except that a permit is required for the pruning !. ~-- a_a°__ of a protected tree located on a neighboring property. 11 of 17 15-50.080 Determination on permit. (a) Criteria. Each application for a tree removal permit shall be reviewed and determined on the basis of the following criteria: (1) The condition of the tree with respect to disease, imminent danger of falling, proximity to existing or proposed structures and interference with utility services. Ii.e «.. «. b Tl.° X41.0 _ .,« ~F~r,e_., „e,-t.. The F 2 _ y .~....,. ~ ~~ . ~~.,...,....~ .,. ..r~~uv ( ) necessity to remove the tree because of physical damage or threatened damage to improvements or hardscapes on the property. (3) The topography of the land and the effect of the tree removal upon erosion, soil retention and the diversion or increased flow of surface waters, particularly on steep slopes. (4) The number, species, size and location of existing trees in the area and the effect the removal would have upon shade, privacy impact, scenic beauty, property values °~a °~ °^«^'~'~^''°a c«.....7..-.7^ „C«l.° ..,.°.. ~ erosion control, and the general welfare of residents in tl:e area. (5) The age and the number of healthy trees the property is able to support according to good forestry practices. (ti) Whether or not tl¢ere are any alternatives that would allow for retai»ing or not encroaching on the protected trees. (7) Whether the approval of the request would be contrazy to or in conflict with the general purpose and izztent of this Article. (8) Any other information pertinent to the decision, including, if necessazy, information obtained at a public hearing. (b) Additional recommendations. The °~t~ Community Development Director may refer the application to another department, commission or person for a report and recommendation. The Director may also require the applicant to furnish a written report from an ISA Certified Arborist acceptable to the Director, such report to be obtained at the expense of the applicant. In the case of construction-related requests, City Arborist review and approval may be required before any permit for removal is issued or before approval for a project involving the removal or encroachment of one or more protected trees is grazzted. (c) Decision by Director. The g~steF Community Development Director shall render his decision within thirty days (30) after the filing of the application for a permit. The Director may grant or deny the application or grant the same with conditions, including, but not limited to, (1) the condition that one or more replacement trees be planted of a species and size and at locations as designated by the Director. , (2) relocation of existing tree desired to be removed, and/or (3) payment of a fee to the Tree Fund pursuant to Section 15-50.130. Any such _ ................... «..°°,. °,...,, ,.° °,.«°:.,°a .,.,a ..,...,«°a tree replacement or relocation shall be at the sole expense of the applicant. (d) Security deposits and maintenance bonds. In the case of an application for, or a project involving encroachment on one or more protected trees, the applicant shall post a refundable Bash security deposit with the City in an amount equal to I00 % of the ISA valuation of the trees involved. The City may also require posting of a maintenance bond of up to five years designed to ensure long term maintenance of the affected trees. Security deposits or maintenance bonds required for protected trees in public or private development may be refunded once the Community Development Director determines that the project is in compliance with the City Arborist's requirements and/or Tree Preservation Plan. In the case 12 of 17 of violations of this Article or where restitution required pursuant to § IS-50.180 cannot be made on the project site, then such payments shall be made from the deposit or bond being held before any refund is make. 15-50.090 Development or improvement projects. (a) Subdivision approval. When any application is made pursuant to Chapter 14 and that proposal would involve removal of or encroachment on a protected tree, the City shall take into consideration the provisions of this article in granting or denying the application. (b) Project approval. Removal or encroachment of any protected trees pursuant to project approval granted under this Chapter or Chapters 14 or16 of this Code shall meet the requirements of§IS-SO.I30. (c) Modifications to approved projects. In the event of any change or modification to an approved site development plan which results in removal of or an increase in encroachment on any protected tree, the provisions of this Article shall apply. ''~0~ 15-50.100 Appeals. (a) Except otherwise provided in subsection (b) of this Section, any person objecting to a • decision by the °~~ Community Development Director made pursuant to any of the provisions of this Article, may appeal such decision to the Planning Commission in accordance with the procedure set forth in Article 15-90 of this Chapter. Notwithstanding the provisions of Section 15-90.020, the decision of the Planning Commission shall be final and no further appeal maybe taken to the City Council. (b) Where an application for a tree removal permit has been granted and the n Community Development Director determines that the tree in question presents a clear and immediate threat of causing injury to persons or property, the D~~ Communiy Development Director may issue the tree removal permit prior to expiration of the appeal period specified in Section 15-90.050 of this Chapter. '~~~-~9 15-50.110 No liability upon City. Nothing in this Article shall be deemed to impose any liability upon the City or upon any of its officers or employees, nor to relieve the owner or occupant of any private property from the duty to keep in safe condition any trees and shrubs upon his property or upon a public right-of-way over his property. ''~~0.'~ 15-50.120 Setback of new construction from existing trees. • No structure ~, excavation or hardscape surface areas of any kind shall be constructed or installed within «~~ r ,,. a.,.... ,. ,...,. «_,.,. ,. ..:«w:.. „ ,.,.« c e« F.,..,, .. ,.«we_._oo 13 of 17 the root zone of any protected tree, unless otherwise permitted by the apprg-axtl3et~ City . pursuant to this Article. Except that no parking, storing of vehicles, equipment or other materials shall be permitted within the dripline of any protected tree without special design consideration by the Community Development Director and the City Arborist. 1 S-SO.I30 Arborist Report Az: Arborist Report shall be required for any application for discretionazy development approval that would require the removal of one or more trees protected by this Chapter and for any other projects where the Community Development Director determines it is necessazy. 15-50.140 Tree Preservation Plan. (a) A Tree Preservation Plan shall be required for any project approved pursuant fo Chapters 14, I S and 16 of the Code on any site on which an Arborist Report is prepared. (b) The Tree Preservation Plan shall consist of a separate detailed plan drawn to a sufficient scale (but no larger that 20 feet to the inch, with any details to be shown at least 10 feet to the inch) to clearly indicate a[I protection and mitigation measures to be taken, as required in t1:e Tree Preservation and Protection Guidelines, or as required by the Commuzity Development Director and the Arborist Report for the project. (c) When a project has been submitted for approval pursuant to Chapters 14, I5, or 16, there shall be no permits issued for grading or site improvements until a Tree Preservatiozz Plan for tl:e project has beet: approved by the City and the required protection measures are determined to be in place through City inspection. Protection measures required shall remain in place for the duration of tl:e construction activity at the project site, or as otherwise required by t/te City and shall not be removed until authorized by the City. (d) The Tree Preservation Plan and any permits for tree removal shall be maintained at the project site at all times during construction activities and until all work has been completed, inspected and approved by the City. (e) At least three scheduled inspections shall be made by the City to ensure compliance with tJie Tree Preservation Plan. The inspections shall, at a minimum include the following: (1) I~:itial izspection prior to any construction or gradiztg, (2) After completion of rough gradizzg az:d/or trez:ching, and (3) Completion of all work including planting and irrigation system installation; and any others, as required by the City. 15-50.160 Tree Fuz:d (a) Purpose and source of funds. A tree preservation fund shall be established for the City for tJte purposes specified in § 15-50.020 (t). The Tree Fund shall be finance by those fines which may be assessed by courts, known as `penalty assessments,"plus civil penalties, as provided for iz: Chapter 3 of this Code for violations of this Article. In addition, payment s required for replacement trees pursuant to § IS-50.180, as prescribed by the Community Development Director, or as a condition of development approval, shall be held in the Tree Fund and used to purchase new and replacement trees. The Community Development Director and the City Arborist shall determine the selection, planting and location of any such trees. 14 of 17 . (b) Tree valuation. Lawfully removed trees to be replaced as a condition of development approval shall be valued and their removal compensated for as follows: Trees replaced on or off site according to good forestry practices, shall provide, in the opinion of the Community Development Director, equivalent value in terms of aesthetic and environmental quality, size, height, location, appearance, and other significant beneficial characteristics of the removed trees. The City Arborist shall calculate the value of the removed trees in accordance with tl:e latest edition of the ISA Tree Valuation Formula. In exceptional circumstances, such as, but not limited to heritage trees, trees in groves, trees located in dedicated open space or other conservation easements, and trees of community significance, the value of the removed tree may be increased as determined by the Community Development Director. 15-50.170 Enforcement (a) General. The City shall vigorously enforce the provisions of this Article. Inspectors shall, in the course of their regular duties, monitor construction activities. Any observed violatiw:s shall be immediately reported to the Community Development Director for follow-up action. (b) Stop work orders. Whenever any activities are in violation of the provisions of this Article, the Guidelines, applicable tree permits, or conditions of project approval, a Building Inspector, Public Works Director, Community Service Officer, or Community Development Director shall issue a written notice to stop work on the project for which a violation has occurred. The notice shall state the nature of the violation or danger and ne~~+-with the exception of ordered remediation, no work shall be allowed to proceed until the violation l:as been rectified and approved by the City. lc eT~n~o 15-50.180 Violations; penalties and remedies. The violation of any provision contained in this Article is hereby declared to be unlawful and shall constitute misdemeanor (unless in the discretion of the enforcing authority charged and prosecuted as an ir:fraction pursuant to Section 3-OS.010(b)) and a public nuisance, subject to the penalties or remedies as described in Chapter 3 of this Code and any other remedies authorized by the City Code, including, but not limited to the following: (a) Replacing the unlawfully removed tree with one or more new trees which can be accon:n:odated an the site of the violation according to good forestry practices and, in the opinion of the Drlava~in~g~~ Community Development Director, will provide equivalent value in terms of aesthetic and environmental quality, ~nz~~=~-ef size, height, location, appearance and other characteristics of the unlawfully removed tree. The City Arborist shall calculate the value of the removed trees in accordance with the latest edition of the ISA Tree Valuation Formula. In exceptional circumstances, such as, but not limited to, heritage trees, trees in groves, trees located in dedicated open space or other conservation easements, and trees of community significance, the value of the removed trees may be increased, as determined by the Community Development Director, to reflect the tree's exceptional characteristics. (b) Where replacement trees will--iiet cannot be accommodated on site according to good . forestry practices, or cannot provide equivalent aesthetic or environmental quality k~ec-apse of the n ten' n ..47.n- ..4.n«nnhn«ntinn ..F 44.e . ..~nwQ.~~.r « .tea «-,.e removed trees on site, the 15 of 17 l~l;nu}i~g-Birec-ter City Arborist shall calculate the value of the removed trees in accordance with the latest edition of the Guide For Establishing Values of Trees and Other Plants, as . prepazed by the Council of Tree and Landscape Appraisers. Upon the determination of such value, the D~~ Community Development Director may require either a cash payment to the City Tree Fund, or the planting of replacement trees u~ dc~.a..^•^•°aR=~a~~"j-`m~'2 D~~, off site, or any combination thereof, in accordance with the following: (1) To the extent that a cash payment is required for any portion or all of the value of the removed tree, such payment shall be doubled to reflect the estimated installation costs that would be incurred if replacement trees are planted; and (2) To the extent that the planting of replacement trees is required, the retail cost of such trees, as shown by documentary evidence satisfactory to the hhua~te~ Community Development Director, shall be offset against the value of the removed tree, but no credit shall be given for transportation, installation, maintenance and other costs incidental to the planting and care of the replacement trees. (c) Any person who is required to plant replacement trees pursuant to subsections (a) or (b) of this Section shall permanently maintain such trees in a good and healthy condition, as tl:~ ~:... ,,.t,:^H ..w^n t,° ,.°,.°,.a°a :., «~.,, ^rr.^^ ,.r«t,° r°,,..«,, n^^°..a^_ ~~ , . for a minimum of five (5) years to ensure permanent establishment of any such tree/s, as determizzed by the City Arborist. Such person: shall post a maintenance bond in a form prescribed by the Community developmez:t Director and execute a maintenance agreement with the City, which shall be recorded in the office of the County Recorder. (d) The violation of any provision contained in this Article during the conduct by any person of a tree removal, structural pruniz:g, landscaping, construction or other business in the City shall . constitute grounds for revocation of any business license issued to such person. (Amended by Ord. 71.86 § 3, 1990; Ord. 71-106 § 10, 1992) IS-50.190 Tree Companies Operating in the City Any business, which performs structural pruning on protected trees in the City, must be in possession of a Saratoga business license, and must have an ISA certified Arborist on staff, which an Arborist is iz: a supervisozy position for the. accomplishment of such work. Must be izz possession of an approved Tree Removal or Encroachment Permit. I5. SO-200 Possession of an Approved Tree Removal Permit A person or firm removing an ordinance protected tree as defined in Section IS-50.050 shall /rave iz: their possession a copy of an approved Tree Removal Permit. Upon request of a peace ofcer, City of Saratoga Code Enforcement Officer or other City Official a person or firm removing an ordinance protected tree shall produce the approved Tree Removal Permit. If the persozz or fzrm cannot produce an approved Tree Removal permit all tree removal activity shall be suspended until a permit can be produced or obtained from the Community Development Department. 16 of 17 FISCAL IMPACTS: Having a set of Tree Regulations that provide sufficient clarity will have a positive fiscal impact by reducing City Attorney involvement in implementing the regulations. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The problems of the past several months will continue to occur. City Attorney activity level will continue at a higher than needed level. ALTERNATIVE ACTION: 1. Modify the draft Ordinance Amendment recommended by the Planning Commission. This could occur via removing or altering individual sections that do not meet City Council policy desires. 2. Leave the existing Tree Regulations in place unchanged. 3. Refer the proposed update back to the Planning Commission with direction. FOLLOW UP ACTION: Place the proposed ordinance on the consent calendar for second reading and adoption. ADVERTISING, NOTICING AND PUBLIC CONTACT: The Public Hearing for this item was posted and published in the Saratoga News on October 9, 2002. ATTACHMENTS: 1. Initial Study with Resolution Granting Negative Declaration of Environmental Impact 2. Draft Ordinance • 17 of 17 ATTACHMENT 1 RESOLUTION N0.02-_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA GRANTING NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT TO THE AMENDMENTS AND RE-ADOPTION OF THE TREE REGULATIONS OF THE SARATOGA CODE Environmental Determination for Amendment and re-adoption of the City of Saratoga Tree Regulations WHEREAS, the City Council held a duly noticed Public Hearing at which time all interested parties were given full opportunity to be heard and to present evidence; and WHEREAS, the City Council has determined that there are no significant environmental impacts related to the amendments and re-adoption of the Tree Regulations of the Saratoga General Plan; and WHEREAS, the City Council has reviewed the information included in the Initial Study of Environmental Impact attached hereto. NOW, THEREFORE, the City Council of the City of Saratoga does hereby resolve as follows: Section 1. After careful consideration of the information provided in the Staff Report, the Initial Study and from verbal testimony, the City Council determines that there are no environmental impacts associated v~ith the proposed amendments to the Tree Regulations. Section 2. Pursuant to the requirements of the Saratoga City Code and the California Environmental Quality Act, this Resolution shall become effective fifteen (15) days from the date of adoption. PASSED AND ADOPTED by the City Council of the City of Saratoga, State of California on November 20, 2002 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Nick Streit, Mayor ATTEST: Cathleen Boyer, City Clerk CITY OF SARATOGA INITIAL STUDY 1. Project Title: 2. Lead Agency Name 8 Address: 3. Contact Person & Phone # 4. Project Location 5. Project Sponsor's Name & Address: 6. General Plan Designation: 7. Zoning: TREE ORDINANCE AMENDMENT Application No. 02-210 City of Saratoga, Community Development Department 13777 Fruitvale Avenue, Saratoga, CA 95070 Thomas Sullivan, AICP, 408.868.1222 CITYWIDE City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 N/A N/a 8. Description of Project: (Describe the whole action involved, including but not limited to later phases of the project, and any secondary, support, or off-site features necessary for its implementation. Attach additional sheets if necessary.) The proposed project is the updating and re-writing of Article 15-50 of the Saratoga Code. Article 15-50 is the Tree Regulations for the City of Saratoga. The new ordinance will establish pruning standards; reduce the size a tree needs to be in order to be considered an Ordinance Protected Tree. 9. Surrounding land uses and setting: (BrieFly describe the project's surroundings.) N/A 10. Other agencies whose approval is required (e.g., permits, financing approval, or participation agreement): No other agencies are involved ENVIRONMENTAL FACTORS. POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "POTENTIALLY SIGNIFICANT IMPACT" as indicated by the checklist on the following pages. t7 Aesthetics ^ Agriculture Resources ^ Air Quality ^ Biological Resources ^ Cultural Resources ^ Geology/Soils ^ Hazards & Hazardous Materials. ^ Hydrology/VJater Quality ^ Land Use/Planning ^ Mineral Resources ^ Noise ^ Population/Housing ^ Public Services ^ Recreation ^ Transportation/rra(fic ^ Utilities/Service Systems ^ Mandatory Findings of Significance ' DETERMINATION: On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION X will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposal MAY have a "potentially significant impact' or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. Signature Date Thomas Sullivan, AICP, Director Printed Name Community Development Department, City of Saratoga For EVALUATION OF ENVIRONMENTAL IMPACTS: 1. Abrief explanation is required for all answers except"No Impact"answers that are adequately supported by the information sourcesalead agency cites in the parentheses following each question. A "No Impact" question is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project-specif c factors as well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on a project-specific screening analysis). 2. Aii answers must take account of the whole action involved, including off-site as well as on-site, cumulative as well as project-level, indirect as well as direct, and construction as well as operations impacts. 3. Once the lead agency has determined that a particular physical impact may occur, and then the checklist answers must indicate whether the impact is potentially signifcant, less than significant with mitigation, or less than significant. "Potentially Signifcant Impact" is appropriate if there is substantial evidence that an effect may be significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. 4. "Negative Declaration: Less Than Signifcantwith Mitigation Incorporated" applies where the incorporation of mitigation measures has reducetl an effect from "Potentially Significant Impact" to a "Less than Signif cant Impact "The lead agency must describe the mitigation measures, and bdeflyexplain how they reduce the effect to a less than signifcant level (mitigation measures from Section XVII, "Earlier Analyses", may be cross-referenced.) 5. Earlier analyses maybe used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c) (3) (D). In this case, a brief discussion should identify the following: a) Earlier Analysis Used. Itlentify and state where they are available for review. b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in ah earlier document pursuant to applicable legal standards; and state whether such effects were addressed by mitigation measures based on the earlier analysis. C) Mitigation Measures. For effects that are "Less than Significant with Mitigation Measures Incorporated," describe the mitigation measures, which were incorporatetl or refned from the earlier document antl the extent to which they atldress site-specifc conditions for the project. 6. Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previous prepared or outsitle document should, where appropriate, include a reference to the page or pages where the statement is substantiated. ~7. Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. S. The explanation of each issue should identify: a) the significance criteria or threshold, if any, used to evaluate each question; and b) the mitigation measure identified, if any, to reduce the impact to less than significance. • Issues (and Supporting Information Services): Less Than Significant Potentially lMth Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact I. AESTHETICS. Would the project: a) Have a substantial adverse effect on a scenic vista? (source #) b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a scenic highway? (source #14) a) Substantially degrade the existing visual character or quality of the site and its surroundings? d) Create a new source of substantial light or glare, which would adversely affect day or nighttime views in the area? Discussion of Aesthetics Impacts: There should be positive aesthetic impacts if trees are afforded a higher degree of protection II. AGRICULTURE RESOURCES: In determining whether impacts to agricultural resources are significant environmental effects, lead agencies my refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model fo use in assessing impacts on agriculture and farmland. Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? (source #2) b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? (source #2) c) Involve other changes in the existing environment, which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use? (source #2) Discussion of Agriculture Resources Impacts: No discussion is required. III. AIR QUALITY: Where available, the significance criteria established by the Bay Area Air Quality Management District maybe relied upon to make the following determinations. Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? (source #15) b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? (source #15) c) Result in a cumulatively considerable net increase • of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? Less Than Significant Potentially With Less Than Issues (and Supporting Information Services): Significant Mitigation Significant No Impact Incorporated Impact Impact d) Expose sensitive receptors to substantial pollutant concentrations? e) Create objectionable odors affecting a substantial number of people? Discussion of Air Quality Impacts: no discussion is required IV. BIOLOGICAL RESOURCES. Would the project: a) Have a substantial adverse effect, either directly through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Dept. of Fish and Game or U.S. Fish and Wildlife Service? (source #16) b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, and regulations or by the California Dept. of Fish and Game or U.S. Fish and Wildlife Service? (source #16) c) Have a substantial adverse effect on federally . protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? (source #) Discussion of Biological Resources Impacts: affording a greater protection of trees could attain a positive impact. V. CULTURAL RESOURCES. Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined in §15064.5? b) Cause a substantial adverse change in the Less Than Significant Potentially nth Less Than .Issues (and Supporting Information Services): Signircant Mitigation Significant No Impact Incorporated Impact Impact significance of an archaeological resource as defined in §15064.5? c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? d) Disturb any human remains, including those interred outside of formal cemeteries? Discussion of Cultural Resources Impacts: no discussion is required VI. GEOLOGY AND SOILS: Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Div. of Mines and Geology Pub. 42. (source #4) ii) Strong seismic ground shaking? (source #4) iii) Seismic-related ground failure, including liquefaction? (source #4) iv) Landslides? (source #4) b) Result in substantial soil erosion or the loss of topsoil? c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? (source #4) d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1997), creating substantial risks to life or property? (source #4) e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? (source #) Discussion of Geology and Soils Impacts: no discussion is required VII. HAZARDS AND HAZARDOUS MATERIALS: Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? Less Than Significant Potentially With Less Than Issues (and Supporting Information Services): Significant Mitigation Significant No Impact Incorporated Impact Impact b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Gov. Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? (source #) e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? (source #) f) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? (source #8, 11) g) Expose people or structures to a significant risk of loss, injury, or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? (source #5) Discussion of Hazards and Hazardous Materials: no discussion is required VIII.HYDROLOGY AND WATER QUALITY: Would fhe project: a) Violate any water quality standards or waste discharge requirements? b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage pattern of the site or area, including-through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off-site? d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of Less Than Significant Potentially With Less Than • Issues (and Supporting Information Services): Signiffcant Mitigation Significant No Impact Incorporated Impact Impact the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off- site? e) Create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff? f) Otherwise substantially degrade water? g) Place housing within a 100-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? (source #ti) h) Place within a 100-year floor hazard area structures which would impede or redirect flood flows? i) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? (source #4) j) Inundation by seiche, tsunami, or mudflow? (source #4) Discussion of Hydrology and Water Quality Impacts: no discussion is required IX. LAND USE AND PLANNING: Would the project: a) Physically divide an established community? b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? (source #1, 2) c) Conflict with any applicable habitat conservation plan or natural community conservation plan? Discussion of Land Use and Planning Impacts: The increase protection of trees could have positive impact X. MINERAL RESOURCES. Would the project: a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local • general plan, specific plan or other land use plan? (source #2) Discussion of Energy and Mineral Resources Impacts: a) There are no known mineral resources within the City Potentially Issues (and Supporting Information Services): Significant Impact Less Than Signirrcant With Less Than Mitigation Signirrcant No Incorporated Impact Impact limits. XI. NOISE. Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? (source #13) b) Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels? c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? (source #13) Dis ussion of Noise Im acts: no discu ion is uir d p c ss req e XII. POPULATION AND HOUSING: Would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? (source #2, 3) b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? Discussion of Population and Housing Impacts: no discussion is requ ired XIII.PUBLIC SERVICES: a) Would the proposal result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times . or other performance objectives for any of the public services: Less Than Significant Potentially nth Less Than Issues (and Supporting Information Services): Significant Mitigation Signifrcant No Impact Incorporated Impact Impact Fire Protection? Police Protection? Schools? Parks Other public facilities? Discussion of Public Services Impacts: no discussion is required XIV. RECREATION: a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? (source #12) b) Does the project include recreational facilities or require the construction or expansion of recreational facilities, which might have an adverse physical effect on the environment? Discussion of Recreation Impacts: no discussion is required XV. TRANSPORTATIONITRAFFIC: Would the project: a) Cause an increase in traffic, which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? (source #7) c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that result in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? (source #5) f) Result in inadequate parking capacity? (source #1) g) Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? (source #1) _ Discussion of Transportation/Circulation Impacts: no discussion is required to Less Than Significant Potentially Issues (and Supporting Information Services): Significant With Less Than Mitigation Significant No Impact Incorporated Impacf Impact XVI. UTILITIES AND SERVICE SYSTEMS. Would the project: a) Exceed wastewater treatment requirements of the Regional Water Quality Control Board? b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? c) Require or result in the construction of new storm water drainage facilities or expansion of existing "- facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment provider, which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? (source #g) g) Comply with federal, state, and local statutes and regulations related to solid waste? Discussion of Utilities and Service Systems Impacts: no discussion is required XVII. MANDATORY FINDINGS OF SIGNIFICANCE. a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.) c) Does the project have environmental effects, which will cause substantial adverse effects on human ~~ Less Than Significant Potentially With Less Than Issues (and Supporting Information Services): Significant Mitigation Signitcant No Impact /ncorporeted Impact Impact beings, either directly or indirectly? ~2 ATTACHMENT 2 DRAFT ORDINANCE _ AN ORDINANCE AMENDING SECTIONS 15-05.020,15-45.070,15-45.080,15- 46.030,15-46.040, AND ARTICLE 15-50 OF ZONING CODE OF THE CITY OF SARATOGA RELATING TO TREE REGULATIONS THE CITY COUNCIL OF THE CITY OF SARATOGA DOES ORDAIN AS FOLLOWS: Section 1. Findings. The City Council finds and declares as following: A. The Planning Commission has conducted a public hearing to consider an amendment to the zoning code with respect amending the provisions relating to the Tree Regulations found in the Saratoga Code, and B. The adoption of this ordinance is consistent with the provisions of the Saratoga General Plan Open Space Element which states on page 16, "The City should provide information and assistance to the public in the preservation and care of native trees whose existence can be threatened by environmental stress and development." C. The adoption of this ordinance is consistent with the provisions of the Saratoga General Plan Conservation Element, which states in Policy C0.3.0, "Preserve the quality of the natural environment and the character of the City through appropriate regulation of site development" Section 2. Adoption. Section 15-05.020 is amended to read: 15-05.020 Purposes of Chapter. The purposes of this Chapter shall be to promote and protect the public health, safety, peace, comfort, convenience, prosperity and general welfare, including the following more specific purposes: (a) To control the physical development of the City in such a manner as to preserve it as essentially a residential community with a rural atmosphere. (b) To achieve the arrangement of land uses depicted in the General Plan. (c) To foster a harmonious, convenient, workable relationship among land uses. (d) To promote the stability of existing land uses which conform with the General Plan, and to protect them from inharmonious influences and harmful intrusions. (e) To ensure that public and private lands ultimately are used for the purposes, which are most appropriate and most beneficial from the standpoint of the Ciry as a whole. (f) To prevent population densities in excess of those prescribed in the General Plan, and to maintain a suitable balance between structures and open spaces on each site. (g) To ensure adequate light, air and privacy for each dwelling unit. (h) To minimize traffic congestion and to avoid the overloading of utilities by preventing the construction of buildings of excessive size in relation to the land around them. (i) To facilitate the appropriate location of community facilities and institutions. (j) To provide for adequate off-street parking and loading facilities. (k) To provide for the orderly, attractive development of commercial facilities in those areas where permitted by the General Plan. (1) To exclude new industrial development in order to preserve the essential residential character of the Ciry. (m) To preserve natural beauty of the Ciry. (n) To ensure that uses and structures enhance their sites and harmonize with improvements in the surrounding area. (o) To protect and enhance real property values within the Ciry. (p) To protect and preserve heritage trees, oaks and other significant trees throughout real property development planning and implementation processes. Section 15-45.070 is amended to read: 15-45.070 Application requirements. (a) Application for design review approval shall be filed with the Community Development Director on such form, as he shall prescribe. The application shall include the following exhibits: (1) Site plan showing (i) property lines, (ii) easements and their dimensions, (iii) underground utilities and their dimensions, (iv) structure setbaclts, (v) buffding envelope, (vi) topography, (vii) species, trunk diameter, canopy driplines, locations, and diameter of all trees measuring at least (10) inches, as measured at four and one-half (4 ~/z) feet above natural grade (DBH), and all oaks measuring at least six (6) inches, as measured at four and one-half feet above natural grade (DBH), (viii) areas of dense vegetation and (ix) riparian corridors. (2) A statement of energy conserving features proposed for the project. Such features may include, but are not limited to, use of solar panels for domestic hot water 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 study if determined necessary by the Community Development Director. (3) Elevations of the proposed structures showing exterior materials, roof materials and window treatment. (4) Cross sections for all projects located on a hillside lot, together with an aerial photograph of the site if requested by the Community Development Director. (5) Engineered grading and drainage plans, including cross sections if the structure is to be constructed on a hillside lot. (6) Floor plans that indicate total gross floor area, determined in accordance with Section 15-06.280 of this Chapter. (7) Roof plans. (8) Landscape and irrigation plans for the site, showing the location of existing trees proposed to be retained on the site, the location and design of landscaped areas, types and quantities of landscape materials and irrigation systems, appropriate use of natives and water conserving materials and irrigation systems and all other landscape features. (9) Tree preservation plan, as required in Article 15-50.130. (10) Preliminary title report showing all parties having any interest in the property and any easements, encumbrances and restrictions, which benefit or burden the property. (11) 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 plans to be submitted shall consist of two sets drawn on sheets eighteen inches by twenty-eight inches in size and fifteen reduced sets on sheets eleven inches by seventeen inches in size. (12) A geotechnical clearance as defined in Section 15-06.325 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 to time by resolution of the City Council. 15-45.080 Design Review findings. The Planning Commission shall not grant design review approval unless it is able to • make the following findings: (a) Avoid unreasonable interference with views and privacy. The height, elevations and placement on the site of the proposed main or accessory structure, when considered with reference to: (i) the nature and location of residential structures on adjacent lots and within the neighborhoods; and (ii) community view sheds will avoid unreasonable interference with views and privacy. (b) Preserve natural landscape. The natural landscape will be preserved insofar as practicable by designing structures to follow the natural contours of the site and minimizing tree and soil removal; grade changes will be minimized and will be in keeping with the general appearance of neighboring developed areas and undeveloped areas. (c) Preserve oaks and heritage trees. All heritage trees designated for protection pursuant to Section 15-50.020 (j) will be preserved. All oak trees designated for protection pursuant to Section 15-50.050 will be preserved, or, given the constraints 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 City Arborist will be minimized using the criteria set forth in Section 15-50.050. (d) Minimize perception of excessive bulk. The proposed main or accessory structure in relation to structures on adjacent lots, and to the surrounding region, will minimize the perception of excessive bulk and will be integrated into the natural environment. (e) Compatible bulk and height. The proposed main or accessory structure will be compatible in terms of bulk and height with (i) existing residential structures on adjacent lots and those within the immediate neighborhood and within the same zoning district; and (ii) the natural environment; 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. (~ Current grading and erosion control methods. The proposed site development or grading plan incorporates current grading and erosion control standards used by the City. (g) Design policies and techniques. The proposed main or accessory structure will conform to each of the applicable design policies and techniques set forth in the Residential Design Handbook and as required by Section 15-45.055. 15-46.030 Application requirements. (a) Application for design review approval shall be filed with the Community Development Director on such form, as he shall prescribe. The application shall include the following exhibits: (1) 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 location of all ordinance sized trees as measured four and one-half feet above natural grade (DBH). The site plan shall indicate the locations of entrances and exits and the direction of traffic flow 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 elevations of the proposed structures as they will appear upon completion. All exterior surfacing materials and their colors shall be specified, and the size, location, material, colors and illumination of all signs shall be indicated. (3) A landscape and irrigation plan for the site, showing the locations of existing trees proposed to be retained on the site, types and quantities of landscape plants and materials and irrigation systems, appropriate use of native, and water conserving plants and materials and irrigation systems, and all other landscape features. (4) Cross sections for all projects located on a hillside lot. (5) Engineered grading and drainage plans, including cross sections if the structure is to be constructed on a hillside lot. (6) Floor plans showing total gross floor area, determined in accordance with Section 15- 06.280 of this Chapter. (7) Roof plans. (8) Such additional exhibits or information as may be required by the Community Development Director or the Planning Commission. All exhibits shall be drawn to scale, dated and signed by the person preparing the exhibit. Copies of all plans to be submitted shall consist of two sets drawn on sheets eighteen inches by twenty-eight inches in size and ten sets on sheets eleven inches by seventeen inches in size. (b) The application shall be accompanied by the payment of a processing fee, in such amount as established from time to time by resolution of the City Council, together with a deposit toward the expense of noticing the public hearing as determined by the Community Development Director. r~ LJ Section 15-46.040 is amended to read: 15-46.040 Design criteria. In reviewing applications for design review approval under this Article, the Planning Commission shall be guided by the following criteria: (a) Where more than one building or structure will be constructed, the architectural features and landscaping thereof shall be harmonious. Such features include height, elevations, roofs, material, color and appurtenances. (b) Where more than one sign will be erected or displayed on the site, the signs shall have a common or compatible design and locational positions and shall be harmonious in appearance. (c) Landscaping shall integrate and accommodate existing trees and vegetation to be preserved; it shall make use of water-conserving plants, materials and irrigation systems to the maximum extent feasible; and, to the extend possible, it shall be clustered in natural appearing groups, as opposed to being placed in rows or regularly spaced. (d) Colors of wall and roofing materials shall blend with the natural landscape and be nonreflective. (e) Roofing materials shall be wood shingles, wood shakes, tile, or other materials such as composition as approved by the Planning Commission. No mechanical equipment shall be located upon a roof unless it is appropriately screened. (f) The proposed development shall be compatible in terms of height, bulk and design with other structures in the immediate area. Article 15-50 is amended to read: Article 15-50 TREE REGULATIONS 15-50.010 15-50.020 15-50.030 15-50.040 15-50.050 15-50.060 15-50.070 15-50.080 15-50.090 Findings; purposes of Article. Definitions. Application of Article. Street trees. Removal of certain trees without permit Exceptions. Application for permit. Determination on permit. Development or improvement projects 15-50.100 Appeals 15-50.110 No liability upon Ciry 15-50.120 Setback of new construction from existing trees 15-50.130 Arborist Report 15-50:140 Tree Preservation Plan 15.50-160 Tree Fund 15,50-170 Enforcement 15.50-180 Violations; penalties and remedies 15.50-190 Tree Companies Operating in the City 15.50-200 Possession of an Approved Tree Removal Permit 15-50.010 Findings; purposes of Article. The City Council finds that the Ciry is primarily a residential community; that the economics of property values is inseparably connected with the rural attractiveness of the area, much of which is attributable to the wooded hillsides and the native and ornamental trees located throughout the City; that the preservation of such trees is necessary for the health, safety and welfare of the residents of the City in order to preserve scenic beauty, prevent erosion of topsoil, protect against flood hazards and the risk of landslides, counteract pollutants in the air, maintain the climatic balance and decrease wind velocities To compliment and strengthen zoning, subdivision and land use standards and regulations, while at the same time recognizing the privileges of private property ownership, the City Council adopts this ordinance to establish basic standards and measures for the maintenance, removal, and replacement. Thus, this ordinance is designed to provide a stable and sustainable urban forest to preserve and protect significant historic heritage values, and to enhance the unique aesthetic character and environment of this City. 15-50.020 Definitions. For the purposes of this Article, the following words and phrases shall have the meanings respectively ascribed to them by this Section, unless the context or the provision clearly requires otherwise: (a) "Agricultural tree" means a fruit or nut tree grown in an commercial orchard for the production of fruit or nuts for sale. (b)"Approving body;' means any one of the following: City Council, Planning Commission, or the Community Development Director. (c) "Arborist Report" means a report prepared by a certified aborist containing specific information on the location, condition, structure, potential impacts of development, and recommended actions and mitigation measures regarding one or more trees on an individual lot or project site. (d) "Bond or security deposit" means a financial instrument which guarantees a future condition and includes an irrevocable letter of credit, a passbook or cash. (e)"DBH" means diameter at breast height. It is the diameter of a single stem trunk tree measured at four and one-half (4 ~/z) feet above the ground while standing on the high side of the tree. The diameter maybe calculated using the following formula: Diameter =Circumference / 3.142 To measure trees with multi-stem trunks, the tree diameter equals the full diameter of the largest trunk plus 50% of the diameter of all other trunks on the tree; each trunk is measured at four and one-half (4 ~1z) feet above the ground while standing on the high side of the tree. (f)"Damage" means any action undertaken which caused short term or long term injury, death, or disfigurement to a tree. This includes, but is not limited to: cutting of roots or limbs, poisoning, over-watering, relocation, or transplanting a tree, or trenching, grading, compaction, excavating or paving within the protected zone of a tree. (g)"Destroy" means to cause the premature decline of tree health or life as evaluated and determined by the City Arborist. (h)"Dripline" means the outermost edge of the tree's canopy. When depicted on a map or plan, the dripline will appear as an irregular shaped circle that follows the contour of the tree's branches as seen from overhead. (i)"Encroachment" means any intrusion or human activity occurring within the root zone of a tree, including, but not limited to structural pruning in excess of ISA Standards, grading, excavating, trenching, parking of vehicles, storage of materials or equipment, or the construction of structures or other improvements within the root zone of a tree (j)"Heritage tree' means any tree of historic significance as a tree having historic value related to the heritage of the Ciry and designated by action of the City Council (k) "ISA Pruning Standards" or "Pruning Standards" means the most current edition of those pruning standards established by the Western Chapter of the International Society of Arboriculture dated 1994, as revised by the Society from time to time. (1) "Oak tree" or "Oak" means any native oak tree of the Genus Quercus, as further described in the Tree Preservation and Protection Guidelines, regardless of size. This definition shall not include oak trees planted, grown and held for sale by licensed nurseries or the first removal or transplanting of such trees pursuant to and as part of the operation of a licensed nursery business. (k) "Project site" means the site of the proposed tree removal encroachment or development activity. (1) "Protected tree," means any tree as listed in 15-50.050 (m)"Pruning" means any and all work performed on the roots, branches or limbs of a protected tree. (n) "Removal" means the physical removal of a tree or causing the death of a tzee through damaging, encroaching or other direct or indirect action. (o) "Root zone" means a specifically defined area totally encompassing a tree protected by this Article within which work activities are strictly controlled. When shown on a map, the protected zone appears as an irregularly shaped circle that follows the contour of the tree canopy and extends no less than five (5) feet beyond the dripline of the tree and extends inward to the trunk of the tree, or as otherwise determined by the City Arborist. (p) "Routine maintenance" means actions needed for the continued good health of a tree including, but not limited to, removal of deadwood, insect control spraying and watering. (q) "Shrub" means a bushy, woody plant, usually with several permanent stems, and usually not over fifteen feet high at maturity. The City Arborist shall have the right to determine whether any specific woody plant shall be considered a tree or a shrub. (r) "Street tree" means any tree within the Public Street or right-of-way. ~a} (s) "Tree" means a woody perennial plant characterized by having a main stem or trunk, or amulti-stemmed trunk system with a more or less definitely formed crown, and is usually over ten feet high at maturity. This definition shall not include trees planted, grown and held for sale by licensed nurseries or the first removal or transplanting of such trees pursuant to and as part of the operation of a licensed nursery business. (t) "Tree fund" means a City-held monetary account maintained separately and independently from other City funds. The express functions of the Tree fund are: (1) To receive and hold any fines, penalty assessments or civil penalties for violations of Articlel5- 50 of this code; (2) To receive and hold monetary valuations and payments for replacement trees pursuant to Section 15-50.160 or 15-50.180, as prescribed by the Community Development Director, or as a condition of development approval; and (3) To pay for new or replacement trees, their planting and maintenance, as determined by the Community Development Director, on public properties, streets, easements and dedicated open spaces. (u) "Tree Preservation and Protective Guidelines" means the policy established by the City Council and adopted by resolution pursuant to section 15-50.150, and the administrative procedures and rules established by the Community Development Director for implementing this Article 15-50 of the City Code. (v) "Tree Preservation Plan" means a detailed plan containing all protective measures to be implemented before, during, and, after construction activities including provision for future maintenance, to preserve and protect all trees to be retained on any project site. 15-50.030 Application of Article. This Article shall apply to every owner of real property within the Ciry, and to every person responsible for removing a tree regardless of whether such person is engaged in a tree removal business. 15-50.040 Street trees. (a) Policies and standards. The Planning Director shall implement policies and standards for street tree planting and maintenance as established from time to time by resolution of the Planning Commission or City Council. (b) Planting required condition of approval. The planting of street trees may be required as a condition of any approval granted under this Chapter. (c) Responsibility for maintenance. The City shall provide maintenance for street trees located within a commercial district and on arterial roads, unless such maintenance responsibility has been assumed by a property owner or other person under a landscape maintenance agreement with the City. In all other areas of the City, the City shall not conduct but shall control the planting, maintenance and removal of street trees and shrubs which might affect the public right-of-way; the owner or occupant of such property shall be responsible for the maintenance of street trees on the property and in the public right-of-way abutting the property. 15-50.050 Removal of certain trees without permit. Except as otherwise provided in Section 15-50.060, it is unlawful for any person to destroy or remove, or cause to be destroyed or removed, any protected tree, located on any private or public property in the Ciry without first having obtained a permit to do so issued pursuant to this Article. A protected tree shall consist of any of the following: (a) Any oak tree having one or more stems or trunks which six (6) inches DBH or greater (b) Any other tree having one or more stems or trunks which measures ten (10) inches DBH or greater. (c) Any street tree, as defined in Section 15-50.020(r), regardless of size. (d) Any heritage tree, as defined in Subsection 15-50.020(j) regardless of size. (e) Any tree that existed at the time of an approval granted under this Chapter or Chapter 14 of this Code. (f) Any -tree required to be planted as a condition of any approval granted under this Chapter or Chapter 14 of this Code. (g) Any tree required to be planted as a replacement, as provided Subsection 15-50.160 or 15-50.180 of this Article. 15-50.060 Exceptions. The permit requirement set forth in Section 15-50.050 shall not apply to any of the following: (a) Emergencies. If the condition of a tree presents an immediate hazard to life or property, it may be removed without a permit on order of the Ciry Manager, the Public Works Director, the Community Development Director, their designated representatives, or a Peace Officer, or fire department having jurisdiction. (b) Public utilities. Public utilities subject to the jurisdiction of the State Public Utilities Commission may without a permit take such action as may be necessary to comply with the safety regulations of the Commission and as may be necessary to maintain a safe operation of their facilities (c) Project approval. Where removal of a protected tree or encroachment on one or more protected trees has been authorized as part of any project approval granted under this Chapter or Chapter 14 or 16 of this Code, no permit pursuant to this Article shall be required for; such activity, provided the Community Development Director determines in writing that the substantive requirement of this article have been met, including completion of an Arborist Report, and, if necessary, completion of a Tree Preservation Plan and posting of a security deposit and/or maintenance bond. Any protected tree authorized for removal or encroachment without permits and pursuant to such project approval shall not be removed, or encroached upon, until the issuance of a building or grading permit for the improvements, which are subject of the approval. 15-50.070 Application for permit. (a) Application for a tree removal permit shall be made to the Community Development Director on such form as he may prescribe. The application shall contain the number and location of each tree to be removed, the type and approximate size of the tree, the reason for removal, and such additional information as the Director may require. Notice shall be given to ten (10) neighboring properties at the time of application, ten (10) days before a decision on the permit is made. (b) Pruning Permit: A permit is required for structural pruning in excess of ISA Standards during any given growth period or year of any protected tree. Pruning shall not to exceed 20% of the crown. No permit is required for structural pruning, which complies with ISA Pruning Standards, or for the pruning of agricultural trees in production. Except that a permit is required for the pruning of a protected tree located on a neighboring property. 15-50.080 Determination on permit. (a) Criteria. Each application for a tree removal permit shall be reviewed and determined on the basis of the following criteria: (1) The condition of the tree with respect to disease, imminent danger of falling, proximity to existing or proposed structures and interference with utility services. (2) The necessity to remove the tree because of physical damage or threatened damage to improvements or hardscapes on the property. (3) The topography of the land and the effect of the tree removal upon erosion, soil retention and the diversion or increased flow of surface waters, particularly on steep slopes. (4) The number, species, size and location of existing trees in the area and the effect the removal would have upon shade, privacy impact, scenic beauty; property values, erosion control, and the general welfare of residents in the area. (5) The age and number of healthy trees the property is able to support according to good forestry practices. (6) Whether or not there are any alternatives that would allow for retaining or not encroaching on the protected trees. (7) Whether the approval of the request would be contrary to or in conflict with the general purpose and intent of this Article. (8) Any other information pertinent to the decision, including, if necessary, information obtained at a public hearing. (b) Additional recommendations. The Community Development Director may refer the application to another department, commission or person for a report and recommendation. The Director may also require the applicant to furnish a written report from an ISA Certified Arborist acceptable to the Director, such report to be obtained at the expense of the applicant. In the case of construction-related requests, City Arborist review and approval may be required before any permit for removal is issued or before approval for a project invol~~ing the removal or encroachment of one or more protected trees is granted. (c) Decision by Director. The Community Development Director shall render his decision within thirty days (30) after the filing of the application for a permit. The Director may grant or deny the application or grant the same with conditions, including, but not limited to, (1) the condition that one or more replacement trees be planted of a species and size and at locations as designated by the Director, (2) relocation of existing tree desired to be removed, and/or (3) payment of a fee to the Tree Fund pursuant to Section 15-50.130. Any such tree replacement or relocation shall be at the sole expense of the applicant. (d) Security deposits and maintenance bonds. In the case of an application for, or a project involving encroachment on one or more protected trees, the applicant shall post a security deposit with the City in an amount equal to 100 % of the ISA valuation of the trees involved. The City may also require posting of a maintenance bond of up to five years designed to ensure long term maintenance of the affected trees. Security deposits or maintenance bonds required for protected trees in public or private development maybe refunded once the Community Development Director determines that the project is in compliance with the Ciry Arborist's requirements and/or Tree Preservation Plan. In the case of violations of this Article or where restitution required pursuant to ~ 15-50.180 cannot be made on the project site, then such payments shaIl be made from the deposit or bond being held before any refund is make. 15-50.090 Development or improvement projects. (a) Subdivision approval. When any application is made pursuant to Chapter 14 and that proposal would involve removal of or encroachment on a protected tree, the City shall take into consideration the provisions of this article in granting or denying the application. (b) Project approval. Removal or encroachment of any protected trees pursuant to project approval granted under this Chapter or Chapters 14 orl6 of this Code shall meet the requirements of X15-50:130. (c) Modifications to approved projects. In the event of any change or modification to an approved site development plan which results in removal of or an increase in encroachment on any protected tree, the provisions of this Article shall apply. 15-50.100 Appeals. • (a) Except otherwise provided in subsection (b) of this Section, any person objecting to a decision by the Community Development Director made pursuant to any of the provisions of this Article, may appeal such decision to the Planning Commission in accordance with the procedure set forth in Article 15-90 of this Chapter. Notwithstanding the provisions of Section 15-90.020, the decision of the Planning Commission shall be final and no further appeal may be taken to the City Council. (b) Where. an application for a tree removal permit has been granted and the Community Development Director determines that the tree in question presents a clear and immediate threat of causing injury to persons or property, the Community Development Director may issue the tree removal permit prior to expiration of the appeal period - specified in Section 15-90.050 of this Chapter. 15-50.110 No liability upon City. Nothing in this Article shall be deemed to impose any liability upon the City or upon any of its officers or employees, nor to relieve the owner or occupant of any private property from the duty to keep in safe condition any trees and shrubs upon his property or upon a public right-of-way over his property. 15-50.120 Setback of new construction from existing trees. • No structure, excavation or hardscape surface areas of any kind shall be constructed or installed within the root zone of any protected tree, unless otherwise permitted by the City pursuant to this Article. Except that no parking, storing of vehicles, equipment or other materials shall be permitted within the dripline of any protected tree without special design consideration by the Community Development Director and the City Arborist. 15-50.130 Arborist Report An Arborist Report shall be required for any application for discretionary development approval that would require the removal of one or more trees protected by this Chapter and for any other projects where the Community Development Director determines it is necessary. 15-50.140 Tree Preservation Plan. (a) A Tree Preservation Plan shall be required for any project approved pursuant to Chapters 14,15 and 16 of the Code on any site on which an Arborfst Report is prepared. (b) The Tree Preservation Plan shall consist of a separate detailed plan drawn to a sufficient scale (but no larger that 20 feet to the inch, with any details to be shown at least 10 feet to the inch) to clearly indicate all protection and mitigation measures to be taken, as required in the Tree Preservation and Protection Guidelines, or as required by the Community Development Director and the Arborist Report for the project. (c) When a project has been submitted for approval pursuant to Chapters 14,15, or 16, there shall be no permits issued for grading or site improvements until a Tree Preservation Plan for the project has been approved by the City and the required protection measures aze determined to be in place through City inspection. Protection measures required shall remain in place for the duration of the construction activity at the project site, or as otherwise required by the City and shall not be removed until authorized by the City. (d) The Tree Preservation Plan and any permits for tree removal shall be maintained at the project site at all times during construction activities and until all work has been completed, inspected and approved by the City. (e) At least three scheduled inspections shall be made by the City to ensure compliance with the Tree Preservation Plan. The inspections shall, at a minimum include the following: (1) Initial inspection prior to any construction or grading, (2) After completion of rough grading and/or trenching, and (3) Completion of all work including planting and irrigation system installation; and any others, as required by the Ciry. 15-50.160 Tree Fund (a) Purpose and source of funds. A tree preservation fund shall be established for the City for the purposes specified in g 15-50.020 (t). The Tree Fund shall be finance by those fines which may be assessed by courts, known as "penalty assessments," plus civil penalties, as provided for in Chapter 3 of this Code for violations of this Article. In • addition, payment s required for replacement trees pursuant to ~ 15-50.180, as prescribed by the Community Development Director, or as a condition of development approval, shall be held in the Tree Fund and used to purchase new and replacement trees. The Community Development Director and the Ciry Arborist shall determine the selection, planting and location of any such trees. (b) Tree valuation. Lawfully removed trees to be replaced as a condition of development approval shall be valued and their removal compensated for as follows: Trees replaced on or off site according to good forestry practices, shall provide, in the opinion of the Community Development Director, equivalent value in terms of aesthetic and environmental quality, size, height, location, appearance, and other significant beneficial characteristics of the removed tree/s. The City Arborist shall calculate the value of the removed tree/s in accordance with the latest edition of the ISA Tree Valuation Formula. In exceptional circumstances, such as, but not limited to heritage trees, trees in groves, trees located in dedicated open space or other conservation easements, and trees of community significance, the value of the removed tree maybe increased as determined by the Community Development Director. 15-50.170 Enforcement (a) General. The Ciry shall vigorously enforce the provisions of this Article. Inspectors shall, in the course of their regular duties, monitor construction activities. Any observed violations shall be immediately reported to the Community Development Director for . follow-up action. (b) Stop work orders. Whenever any activities are in violation of the provisions of this Article, the Guidelines, applicable tree permit/s, or conditions of project approval, a Building Inspector, Public Works Director, Community Service Officer, or Community Development Director shall issue a written notice to stop work on the project for which a violation has occurred. The notice shall state the nature of the violation or danger and with the exception of ordered remediation, no work shall be allowed to proceed until the violation has been rectified and approved by the Ciry. 15-50.180 Violations; penalties and remedies. The violation of any provision contained in this Article is hereby declared to be unlawful and shall constitute misdemeanor (unless in the discretion of the enforcing authority charged and prosecuted as an infraction pursuant to Section 3-05.010(b)) and a public nuisance, subject to the penalties or remedies as described in Chapter 3 of this Code and any other remedies authorized by the Ciry Code, including, but not limited to the following: (a) Replacing the unlawfully removed tree with one or more new trees which can be accommodated on the site of the violation according to good forestry practices and, in the opinion of the Community Development Director, will provide equivalent value in terms of aesthetic and environmental quality, size, height, location, appearance and other characteristics of the unlawfully removed tree. The City Arborist shall calculate the value of the removed tree/s in accordance with the latest edition of the ISA Tree Valuation • Formula. In exceptional circumstances, such as, but not limited to, heritage trees, trees in groves, trees located in dedicated open space or other conservation easements, and trees of community significance, the value of the removed tree/s may be increased, as determined by the Community Development Director, to reflect the tree's exceptional characteristics. (b) Where replacement trees cannot be accommodated on site according to good forestry practices, or cannot provide equivalent aesthetic or environmental quality of removed tree/s on site, the City Arborist shall calculate the value of the removed tree/sin accordance vt~ith the latest edition of the Guide For Establishing Values of Trees and Other Plants, as prepared by the Council of Tree and Landscape Appraisers. Upon the determination of such value, the Community Development Director may require either a cash payment to the Ciry Tree Fund, or the planting of replacement trees, off site, or any combination thereof, in accordance with the following: (1) To the extent that a cash payment is required for any portion or all of the value of the removed tree, such payment shall be doubled to reflect the estimated installation costs that would be incurred if replacement trees are planted; and (2) To the extent that the planting of replacement trees is required, the retail cost of such trees, as shown by documentary evidence satisfactory to the Community Development Director, shall be offset against the value of the removed tree, but no credit shall be given for transportation, installation, maintenance and other costs incidental to the planting and care of the replacement trees. (c)Any person who is required to plant replacement trees pursuant to subsections (a) or (b) of this Section shall- permanently maintain such trees in a good and healthy • condition, for a minimum of five (5) years to ensure permanent establishment of any such . tree/s, as determined by the City Arborist. Such person shall post a maintenance bond in a form prescribed by the Community development Director and execute a maintenance agreement with the City, which shall be recorded in the office of the County Recorder. (d) The violation of any provision contained in this Article during the conduct by any person of a tree removal, structural pruning, landscaping, construction or other business in the Ciry shall constitute grounds for revocation of any business license issued to such person. 15-50.190 Tree Companies Operating in the City Any business, which performs structural pruning on protected trees in the City, must be in possession of a Saratoga business license, and must have an ISA certified Arborist on staff, which an Arborist is in a supervisory position for the accomplishment of such work. Must be in possession of an approved Tree Removal or Encroachment Permit. 15.50-200 Possession of an Approved Tree Removal Permit A person or firm removing an ordinance-protected tree as defined in Section 15-50.050 shall have in their possession a copy of an approved Tree Removal Permit. Upon request of a peace officer, Ciry of Saratoga Code Enforcement Officer or other City Official a person or firm removing anordinance-protected tree shall produce the approved Tree Removal Permit. If the person or firm cannot produce an approved Tree Removal permit all tree removal activity shall be suspended until a permit can be produced or obtained from the Community Development Department. Section 3. Severance Clause. The City Council declares that each section, sub'-section, paragraph, sub-paragraph, sentence, clause and phrase of this ordinance is severable and independent of every other section, sub-section, sentence, clause and phrase of this ordinance. Tf any section, sub- section, paragraph, sub-paragraph, sentence, clause and phrase are held invalid, the City Council declares that it would have adopted the remaining provisions of this ordinance irrespective of the portion held invalid, and further declares its express intent that the remaining portions of this ordinance should remain in effect after the invalid portion has been eliminated. Section 4. Publication. This ordinance or a comprehensive summary thereof shall be published in a newspaper of general circulation of the City of Saratoga within fifteen days after its adoption. The foregoing ordinance was introduced and read at the regular meeting of the City Council of the City of Saratoga held on the_ day of _, 2002, and was adopted by the following vote following a second reading on the day of , 2002: • AYE5: NOES: ABSENT: ABSTAIN: NICK STREIT, MAYOR ATTEST: CATHLEEN BOYER, CITY CLERK APPROVED AS TO FORM: RICHARD TAYLOR, CITY ATTORNEY • f ''k SARATOGA CITY COUNCIL ADDENDUM MEETING DATE: November 20, 2002 AGENDA ITEM: ORIGINATING D,114P~ty Manager CITY MANAGER: ~~~ PREPARED DEPT HEAD: SUBJECT: Major Update and Amendment to the Tree Ordinance RECOMMENDED ACTION: Open public hearing; close public hearing; adopt resolution granting the Negative Declazation of Environmental Impact the Ordinance Amendment; waive first reading; place item on Consent Calendaz for the next regular meeting for adoption. REPORT SUMMARY: Attached is a comparison of existing and proposed tree ordinance language proposed by the Planning Commission. 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 Council Agenda. ATTACHMENTS: Attachment A -Comparison t Comparison of Existing and Proposed Tree Ordinance Language EXISTING 15-05.020 Purposes of Chapter. PROPOSED CHANGE /ADDITION Protect and preserve heritage trees 15-45.080 Design Review findings 15-50.010 Findings; purposes 15-50.020 Definitions (4) -tree; oak tree; street tree; shrub 15-50.050 Removal without permit Protected tree 2' high: 40" circ. (12"DBH) oak tree protected 32" circ. (10"DBH) 15-50.060 Exceptions d) no permit required if part of project approval 15-50.070 Application for permit 15-50.080 Determination on permit a) Criteria b) Additional recommendations c) Decision by Director Preserve oaks and heritage trees Compliment, strengthen standards in place; balance property rights, manage urban forest {25) -used ih current practices and standards Protected tree measured 4 1/2' high: 10" DBH oak tree measured 6" DBH encroachments related to construction. review c) no permit necessary provided that Arborist's report, other requirements completed Consent of owner given in permit application; notice to adjacent property owners Pruning permit for amounts beyond ISA recommendations for a given growth period a) physical damage to property; erosion; alternatives b) construction related - Arborist's review c) conditions may include relocation, fee or bond to Tree Fund d) Security, maintenance bonds 15-50.090 Development projects Consider provisions of this article in decision 15-50.110 Setback of new construction No structure or pavement within 8', 10' 15-50.120 Setback No structure; excavation,impervious within root zone of protected tree 15-50.130 Arborist's report -for discretionary development applications i 15-50.120 Violations; penalties infraction and public nuisance replacement/payment for value of trees 15-50.140 Tree Preservation Plan -approved projects where Arborist's report prepared Scheduled inspections 15-50.160 Tree Fund Fines, penalties for violations; security bonds; development conditions, tree replacements Tree valuation for lawful replacement trees 15-50.170 Enforcement Uphold provisions; stop work orders 15-50.180 Violations; penalties misdemeanor or infraction, public nuisance replacemenUreplanting according to good forestry practices on/off site; maintenance 15-50.190 Tree Companies Operating in City 15-50.200 Possession of Removal Permit • Saratoga Tree Ordinance -Outline of Proposed Changes 9/19/02 Goals are: to increase consistency between ordinance and current practices, public information handouts such as development applications, tree removal permits to make the process effective on all review levels to avoid conflicts, and prevent the inadvertent loss of trees to achieve balanced, reasonable, enforceable results by building upon what is already in place What is needed in existing ordinance to accomplish these goals: -Strengthen policy statement/intent for protecting trees -Augment criteria for tree removal -Add and clarify definitions: protected tree size; DBH; destroy; dripline; encroachment -Consider situations with ministerial review only: Setbacks from new construction- what they are and what structures they apply to -Add Tree Pruning Permit and adopt ISA Pruning Standards as model for pruning; pruning business certification and licensing -Tree Fund- place to put monies for replacement trees from legal and illegal removals . -Formalize timing, monitoring practices for development projects around trees: procedures for removals with development approvals; accomplishment of protection measures; security deposits and bonds Tree Protection and Preservation Guidelines exists as a handout of recommendations Goals are: - to explain code requirements for permits as well as the development process and to give the public information before the process starts; - to increase awareness and understanding of what trees need as well as impacts from various construction activities upon trees - to help the public make design choices that will protect retained trees - ='._.,.-.a. .. 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N ~ ~« C6 ,,~q~qpp uuY.It FM TG°GN~uI Wj T U u G ~'C+ CWI O F N ~ n of 3 01~ w s uv m v $+ v •ti Wi U a O. N d YW d +i aYi v O W u 0 i •• N U W rWI N ~' M O u i d. U W N yY p ..IwT S~4^ •O 1 S~~V 0. YY E W u d . Y N W W ~~nu~ rCIUOCO > ~y Sm0 yNw a •.Vi~~ mrod uv C~s~S O i O' oCp ~p Y d •W W a~..~u .Ond 08 P.u 6~ ~ wu a~ U `u ~~ ~•uu° uu~ w° fiu°o v.pl. s ~° `~'~ mx a d~a gig? a"aR~~.8 C~~c°o.a'o S~ ~~ yy0 yd ~a+~ °~ ~~da, y~~dJ ~~o 9y~o SUNNYVALE TREE ORDINANCE PENALTIES Note even damage to a protected tree gets a $5,000 to $25,000 fine; cutting down a protected tree is fined $10,000 to $50,000. And, it must be done, even collecting City's attorney fees from the property owner. Section 19.94.160 Penalties for violation. (a) Any person, property owner, firm or corporation who intentionally or negligently violates any of the provisions of this chapter or any pemut issued pursuant to it, or who fails to comply with any condition of any discretionary permit which relates to protected tree preservation, shall be liable for a civil penalty assessed and recovered in a civil action brought by the city attorney. (b) In the event that the violation results in any substantial injury or damage to a protected tree, the civil penalty shall be not less than five thousand dollars nor more than twenty-five thousand dollazs. in the event that the violation results in the destruction or improper removal of a protected tree, the civil penalty shall be not less than ten thousand dollars nor more than fifty thousand dollars. The appropriate penalty shall apply sepazately to each tree affected by the improper action. (c) In any civil action brought to seek such civil penalties, and/or to obtain injunctive relief for violation of any provision of this chapter, in which the city prevails, the court shall determine and impose reasonable expenses; including attorneys' fees incurred by the city in the investigation and prosecution of the action. (d) The remedies provided for in this section aze in addition to and do not supersede or limit any and all other remedies, civil or criminal. (Ord. 2623-99 § 1 (part): prior zoning code § 19.81.190). ~dGl/~ ~.loa ~ (~~d .~ It /DFJd+~(. ~ ~U. ~ 4-ct,~'- GrnLlrt~cc.ti f.!)W~v/ a~~l,Q /JGu, rrrniV ~n, ,ati~~Glnttt,~ d~.n-t ~t~ 7~ ~t.~fi~i,C ~ I~t~7b Dak place, SARATOGA CITY COUNCIL MEETING DATE: November 20, 2002 AGENDA ITEM: 1 ORIGINATING DEPT: Community Development CITY MANAGER: ~T~ PREPARED BY: Thomas Sullivan, AICP DEPT HEAD: SUBJECT: Application #02-197 -Amending Side Yard Setback Requirements RECOMMENDED ACTION: Conduct the advertised Public Ilearing, waive the first reading and direct Staff to place the proposed Ordinance Amendment on the Consent Calendar on the City Council's December 4, 2002 meeting agenda for second reading and adoption. CEQA: As the proposed amendment is a minor alteration in land use limitations the amendment qualifies for a Class 5 Categorically Exemption pursuant to Section 15305 CEQA Guidelines. REPORT SUMMARY: Ciry Staff has received complaints regarding the interpretation of the side yard setback requirements for structures over 18-feet in height as it relates to existing structures and regarding on lots with substandard width. This appears to be another example of the "language of the ordinance vs. previous practice" syndrome. The imposition of the ordinance required side yard setbacks on lots with substandard widths create difficult designs. For example, a lot with a width of 50-feet would have a minimum side yard set back of 6-feet pursuant to section 15-65.160, which states, "Where the width of a site does not conform with the standard for the district, the minimum width of interior side yards shall be not less than ten percent of the width of the site or six feet, whichever is greater, and the minimum width of an exterior side yard of a corner lot shall be not less than twenty percent of the width of the site or fif teen feet, whichever is greater" However, section 15-45.040 requires that for structures over 18-feet in height that the set backs be increased on a one for one ratio. If a design proposal for a house that is two story at 24-feet in height, the setbacks increase to 12-feet on both sides. The resulting structure could only be 26- feet wide.. Apparently, the previous practice was to have the increased setback on the second floor only. Section 15-45.040 simply does not support that interpretation. 15-45.040 Setbacks. Where a new structure or an addition to an existing structure, located within an R-I- 10,000, R-1-12,500, R-1-15,000 or R-I-20,000 district will exceed eighteen feet in height, the required setback from each property line of the site shall be increased by one foot for each one foot of height in excess of eighteen feet. (Amended by Ord 71.99 4 26,1991; Ord. 71-178 5 2,1998) The purpose of the increased setback is the avoidance of bulk and mass at the minitnum setback. For two-story dwellings the previous practice seems to meet this goal. However, this practice .does not address single story dwellings that aze over 18-feet. in height. In the recent past, the Planning Commission has reviewed several single.. story dwellings that approach 26-feet in height. For single story structures in excess of 18-feet Planning Commission will have to use the Design Review process and required findings to avoid mass and bulk issues. Again, the complaints that Staff has received-fall into two categories; first, nonconforming lots and second, second story additions wherein the first floor was built at the minimum setback. For the both of these cases. Staff would suggest that the ordinance be amended to require that the second story be setback be the minimum plus an additional five feet. With this amendment, Staff would further suggest that section 15-45.040 bedeleted in-its entirety.. Staff has used the typical st-i4lexgh and bold italics to show sections to be~lele~ec~ or added. Amend Section 15-45.040 by deletion.' ~ ^c,n^n ee.,...,.,,.. e > e i ~ cnn n i i c nnn ,... n i ~n nnn a:n/r:M ...:11 uvwea e:~~tue« Feek :« ~.e:.rH4 kl.e rd~..:vca f > > f f f f ~ Amend Sections 15-12.090 (a) (2) to read: (a) (2) Side yazds of interior lots. The minimum side yard of any interior lot in each R-1 district shall be the distance indicated in the following table for each side yard: First Floor Second Floor Individual Individual District Side Yards Side Yards R-1-10,000 10 ft. ISft. R-1-12,500 10 ft. ISft. R-1-15,000 12 ft. I7ft. R-1-20,000. 15 ft. 20 ft. R-1-40,000 20 ft. 25ft. 2of5 . Amend Sections 15-12.090 (a) (3) to read: 15-12.090 (a) (3) Side yards of corner lots. The minimum side yard of any corner lot in each R-1 district shall be the distance indicated in the following table: First Second First Second Floor Floor Floor Floor Interior Interior Exterior Exterior District Side Yard Side Side Side Yard Yard Yard R-1-10,000 10 ft. ISft. 25 ft. 30 ft. R-1-12,500 10 ft. ISft. 25 ft. 30 ft. R-1-15,000 12 ft. 17ft. 25 ft. 30 ft. R-1-20,000 15 ft. 20 ft. 25 ft. 30 ft. R-1-40,000 20 ft. 25ft. 25 ft. 30 ft. Amend Sections 15-12.090 (b) (2) to read: 15-12.090 (b) (2) Side yards of interior lots. The minimum side yard of any interior lot in each R-1 district shall be ten percent of the lot width,. or the distance indicated in the following table for each side yard, whichever is greater: First Floor Second Floor Individual Individual District Side Yards Side Yards R-1-10,000 10 ft. ISft. R-1-12,500 10 ft. ISft. R-1-li,000 12 ft. 17ft. R-1-20,000 15 ft. 20 ft. R-1-40,000 20 ft. 25ft. 3 of 5 Amend Section 15-12.090 (b) (3) to read: . 15-12.090 (b) (3) Side yards of corner lots. The iniuunum side yard of any corner lot in each R-1 district shall be ten percent of the lot width, or the distance indicated in the following table: First Floor Second First Second Interior Floor Floor Floor Interior Exterior Exterior District Side Side Yard Side Side Yard Yard Yard R-1-10,000 10 ft. ISft. 15 ft. 20 ft. R-1-12,500 l0 ft. ISft. 15 ft. 20 ft. R-1-15,000 12 ft. 17ft. 15 ft. 20 ft. R-1-20,000 15 ft. 20 fr. 20 ft. 25 ft. R-1-40,000 20 ft. 25ft. 25 ft. 30 ft. Amend Sections 15-65.160 (a) to read: (a) Where the width of a site does not conform with the standard for the district, the minimum width of interior side yards for first floors shall be not less than ten percent of the width of the site or six feet, whichever is greater, and the minimum width of an exterior side yard for first floors of a corner lot shall be not less than twenty percent of the width of the site or fifteen feet, whichever is greater. The second floor setbacks for interior and exteriorlots shall be increased an additional five (S) feet. FISCAL IMPACTS: None CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: There would be an increased number of variances processed for substandard lots and for lots where existing dwellings exist, for which the owners desire to construct additions or new dwellings with only the minimum setback. ALTERNATIVE ACTION: 1. Leave the ordinance sections as they currently exist. 2. Only amend the ordinance that address lots with substandard lot widths. 4of5 FOLLOW UP ACTION: Place the proposed zoning amendment on the City Council's Consent Calendar for the December 4, 2002 meeting for second reading and adoption. ADVERTISING, NOTICING AND PUBLIC CONTACT: The Public Hearing for this agenda item was posted and published in the San Jose Mercury News on November 10, 2002. ATTACHMENTS: 1. Draft Ordinance 2. Correspondence from Susan and Ross Hannibal C~ SofS ATTACHMENT 1 DRAFTORDINANCE AN ORDINANCE AMENDING THE ZONING CODE OF THE CITY OF SARATOGA AMENDING ARTICLE 15-50 TO PROVIDE AN APPROVED TREE REMOVAL PERMIT UPON REQUEST OF A CITY OFFICIAL THE CITY COUNCIL OF THE CITY OF SARATOGA DOES ORDAIN AS FOLLOWS: Section 1. Findings. The City Council finds and declares as following: A. The Planning Commission has conducted a public hearing to consider an amendment to the zoning code with respect to side yard setbacks for the R-1- 10,000, R-1-12,500, R-1-15,000, R-1-20,000 and R-1-40,000 zoned districts B. The adoption of an. ordinance is consistent with the provisions of 15-45.080 Design Review findings in that the amendment will help minimize the perception excessive bulk and mass. Section 2. Adoption. Amend Sections 15-12.090 (a) (2) to read: (a) (2) Side yards of interior lots. The minimum side yard of any interior lot in each R-1 district shall be the distance indicated in the following table for each side yard: First Floor Second Floor Individual Individual District Side Yards Side Yards R-1-10,000 10 ft. 15 ft. R-1-12,500 loft. 15 ft. R-1-15,000 12 ft. 17 ft. R-1-20,000 15 ft. 20 ft. R-1-40,000 20 ft. 25 ft. t Amend Sections 15-12.090 (a) (3) to read: 15-12.090 (a) (3) Side yards of corner lots. The minimum side yard of any corner lot in each R-1 district shall be the distance indicated in the following table: First Second First Second Floor Floor Floor Floor Interior Interior Exterior Exterior District Side Yard Side Side Side Yard Yard Yard R-1-10,000 loft. 15 ft. 25 ft. 30 ft, R-1-12,500 10 ft. 15 ft. 25 ft. 30 Ft. R-1-15,000 12 ft. 17 ft. 25 ft. 30 ft. R-1-20,000 15 ft, 20 ft. 25 ft. 30 ft. R-1-40,000 20 ft. 25 ft. 25 ft. 30 ft. Amend Sections 15-12.090 (b) (2) to read: 15-12.090 (b) (2) Side yards of interior lots. The minimum side yard of any interior lot in each R-1 district shall be ten percent of the lot width, or the distance indicated in the following table for each side yard, whichever is greater: First Floor Second Floox Individual Individual District Side Yards Side Yards R-1-10,000 10 ft. 15 £t. R-1-12,500 10 ft, 15 Ft. R-1-15,000 12 ft. 17 ft. R-1-20,000 15 ft. 20 ft. R-1-40,000 20 ft. 25 ft. Amend Section 15-12.090 (b) (3) to read: 15-12.090 (b) (3) Side yards of corner lots. The minimum side yard of any corner lot in each R-1 district shall be ten percent of the lot width, or the distance indicated in the following table: First Floor Second First Second Interior Floor Floor Floor Interior Exterior Exterior District Side Side Yard Side Side Yard Yard Yard R-1-10,000 10 ft. 15 ft. 15 ft. 20 ft. R-1-12,500 l0 ft. 15 ft. 15 ft. 20 ft. R-1-15,000 12 ft. 17 ft. 15 ft. 20 ft. R-1-20,000 15 ft. 20 ft. 20 ft. 25 ft. R-1-40,000 20 ft. 25 ft. 25 ft. 30 ft. Amend Sections 15-65.160 (a) to read: (a) Where the width of a site does not conform with the standard for the district, the minimum width of interior side yards for first floors shall be not less than ten percent of the width of the site or six feet, whichever is greater, and the minimum width of an exterior side yard for first floors of a corner lot shall be not less than twenty percent of the width of the site or fifteen feet, whichever is greater. The second floor setbacks for interior and exterior lots shall be increased an additional five (5) feet. Section 3. Severance Clause. The City Council declares that each section, sub-section, paragraph, sub- paragraph, sentence, clause and phrase of this ordinance is severable and independent of every other section, sub-section, sentence, clause and phrase of this ordinance. If any section, sub-section, paragraph, sub-paragraph, sentence, clause and phrase are held invalid, the City Council declares that it would have adopted the remaining provisions of this ordinance irrespective of the portion held invalid, and further declares its express intent that the remaining portions of this ordinance should remain in effect after the invalid portion has been eliminated. Section 4. Publication. This ordinance or a comprehensive summary thereof shall be published in a . newspaper of general circulation of the City of Saratoga within fifteen days after its adoption. The foregoing ordinance was introduced and read at the regular meeting of the City Council of the Ciry of Saratoga held on the_ day of ~, 2002, and was adopted by the following vote following a second reading on the _ day of ~, 2002: AYES: NOES: ABSENT: ABSTAIN: NICK STREIT, MAYOR ATTEST: CATHLEEN BOYER, CITY CLERK APPROVED AS TO FORM: RICHARD TAYLOR, CITY ATTORNEY • l~J From: Susan and Ross Hannibal 14375 Paul Avenue Saratoga, CA 95070 Date: October 9, 2002 To: City of Saratoga Planning Commission Subject: Resolution to amend the Zoning Ordinance relating to side yard setbacks I have reviewed the resolution written by Tom Sullivan to amend the zoning ordinance related to side setbacks. In general, I am in support of approving the resolution. However, I would like to see a minor change to the resolution regarding the second-story side yard setbacks for lots with substandard widths. The old standard city lots that were primarily used as vacation cottages, with a width of 50 feet, are a challenge, to say the least, to remodel for today's use as primary family homes. Many of these lots have detached garages, which require a long driveway to the rear of the lot. My lot has such a driveway, and takes up 12 feet of sideyard for a major portion of the lot. With a 6 foot setback on the other sideyard, we are left with only 32 feet of width to build in the middle portion of the yard. With an additional 5 foot setback for the second story, we are reduced to 27 feet. It is a challenge. I would like to see the resolution allow for some flexibility (allow less than 5 feet)in the second-story side yard setbacks for lots with substandard widths and circumstances like a long driveway to a detached garage. The long driveway creates a larger than normal side-yard setback on one side of the lot, and therefor helps to avoid the bulk and mass at the minimum setback. Perhaps the resolution could allow for a minimum combined second-story sideyard setback. In my case it would be a combined second-story sideyard setback of 22 feet (6 feet on either side, plus and additional 5 feet on either side). If you have questions or comments I would be happy to discuss this at your convenience. MEETING DATE: SARATOGA CITY COUNCIL November 20, 2002 ORIGINATING DEPT: Community Development PREPARED BY: Thomas Sullivan, AICP l_ AGENDA ITEM: ~- CITY MANAGER: F/~G~--- DEPT HEAD: SUBJECT: Report and Recommendation from the Committee Interviews of City Arborist ServicesCandidates RECOMMENDED ACTION: 1. Confirm the recommendation of the sub-committee and appoint David Babby as the Saratoga Ciry Arborist. 2. Review the attached contract and authorize the City Manager to execute the same on behalf of the Ciry. REPORT SUMMARY: Council Members Ann Waltonsmith and Stan Bogosian interviewed Deborah Ellis, MS and David Babby of Arbor Resources on October 28, 2002. Their recommendation to the City Council is that David Babby be appointed City Arborist. Both of these candidates had merit. Mr. Babby currently provides consulting aborist services for the City of Campbell and the City of Palo Alto. Deborah Ellis is the Town Arborist for Los Gatos and has previously worked on the Villa Montalvo Artist Residence project here in Saratoga. As has been previously mentioned, Staff took advantage of the opportunity to tighten up time lines for services the Ciry Arborist provides: For example, the existing agreement allows 30-days for submittal of a written report. In the Request for Proposal that was sent out, we specified 14- days to submit an electronic (email) version of the report. This is important as it allows the Planning Staff to include the Arborist's recommendations in the Planning Commission resolution without retyping. During the interviews, both candidates indicated that they could provide the increased service levels outlined in the RFP. The City Attorney has prepared a contractfor professional services. This contract is attached for the City Council's review. FISCAL IMPACTS: The principal City Arborist costs are a pass through to the development community. A portion of the total cost is City of Saratoga projects that are associated with a Capital Improvement Project or maintenance of City property CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: L Appoint Deborah Ellis 2. Appoint both candidates 3. Reject both candidates and direct Staff to re-advertise FOLLOW UP ACTION: 1. Direct the City Manager execute the contract with Mr. Babby for professional services as the Ciry Arborist. ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: I. Draft Contract for Ciry Arborist Services l_J 2 of 2 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"), and Arbor Resources, ("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 ACHEIVED. 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 , 200_ and extends until terminated as provided in Exhibit D. 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. 4. FACILITIES AND EQUIPMENT. Except as set forth in Exhibit C ("Facilities and Equipment"), Contractor shall, at its sole cost and expense, famish all facilities and equipment which maybe 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. Page 1 of 20 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 the Director of the Community Development ("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 maybe 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 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: David L. Babby, RCA Arbor Resources P.O. Box 25295 San Mateo, CA 94402 Notices to City shall be sent to: Tom Sullivan, Director Community Development Department City of Saratoga 13777 Fruitvale Avenue . Saratoga, CA 95070 Page 2 of 20 . 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. CONTRACTOR: By: Date: Print Name: Position: CITY OF SARATOGA, a municipal corporation By: Date: Name: Title: APPROVED AS TO FORM: By: City Attorney Date: Page 3 of 20 APPROVED AS TO BUDGET AUTHORITY AND INSURANCE: 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 Page 4 of 20 t EXHIBIT A SCOPE OF WORK Contractor shall complete the following Scope of Work: Site Investigations a. When requested by the Community Development Department consultant shall conduct site investigations and prepare a written report. b. Site investigations will include establishing an inventory of all ordinance-sized trees located on the property. This inventory will include identifying the location of species of each tree, evaluating the health and structural condition, measuring trunk diameter at 24- and 54- inches above grade, and estimating tree height and canopy spread. Photographs will be provided upon direction of City Staff or where Consultant believes they are necessary to establish a visual record for current and future assessments. c. An electronic and hard copy version of the report will be submitted. The electronic version will be submitted on a compact disk or as otherwise agreed upon. For the hard copy, the text, tables, charts and illustrations will be presented on 8 %x- by 11-inch vertical sheets with 11- by 17-inch sheets for the map (size of map is up on your request). The report will comply with those standards established by the International Society of Arboriculture and the American Society of Consulting Arborists. d. The report will be submitted within two-weeks from when Consultant receives the necessary development plans. 1. Development Proposal Review a. When requested by the Community Development Department Consultant shall review development proposals and prepare clear and prepare a report including concise recommendations regarding changes to the development to protect trees, tree bond values, tree protective fencing, and replacement plantings. b. All development proposals will be reviewed prior to, during and after performing site inspections. All available plans proposed for a project should be submitted to Consultant in order to properly evaluate each potential impact. c. Consultant recommendations shall seek to obtain a high assurance of survival for trees being retained. All recommendations will be specific and comply with standards accepted and practiced in the arboricultural industry. d. Tree bond values shall be established by determining the tree's appraised value using the most recent edition of the Guide for Plant Appraisal, authored by the Council of Tree and Landscape Appraisers. e. Tree protection fencing shall be drawn on the tree protection map included in the report. It will also be discussed within the recommendations section of the report. f. Replacement plantings will be recommended to mitigate for trees being removed. The recommended type of tree to install will consist of species native to the City of Saratoga. The recommended size and amount of trees to install will correlate to the appraised tree value. Exhibit A Page 5 of 20 Final Site Inspection a. When requested by the Community Development Deparment Consultant shall conduct a final site inspection and prepare a written Final Site Inspection report of findings and recommendations. b. The Final Site Inspection Report shall include a recommendation on the release of bonds. c. The Final Site Inspection Report shall be completed and provided to the Community Development Department within one week of the request by the Community Development Department. Support to City Staff a. Consultant shall be available by phone and in person to advise City staff on an as- neededbasis. City will endeavor to provide five business days notice in scheduling in person meetings with consultant. All professional work to be competed pursuant to this Agreement shall be perfornned by David L. Babby, Registered Consulting Arborist & Certified Arborist. Exhibit A Page 6 of 20 EXHIBIT B PAYMENT 1. COMPENSATION. City shall pay Contractor at the rates set forth on the rate schedule below. Beginning in July, 2004 Consultant may adjust rates annually by an amount not to exceed the rate for the prior year multiplied by one plus the percent change in the December to December Consumer Price Index -All Urban Consumers -for San Francisco-Oakland-San Jose, CA (maintained by the Bureau of Labor Statistics) for the preceding year. 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 infonnation: a. Serial identifications of bills, i.e., Bill No. 1; b. The beginning and ending dates of the billing period; c. A brief description of services perfonned, the date services were performed, the number of hours spent and by whom, a brief description of any costs incurred; d. a summary for each project assigned by the City describing the work performed and total billed during the billing period; and e. Consultant's Taxpayer Identification Number; and f. Consultant's signature. 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. Reasonable expenses incurred by Contractor shall be reimbursed at their actual cost. 5. RATE SCHEDULE. a. General Services • On-Site Work: $125 per hour (one-hour minimum) • Report Preparation: $110 per hour • Phone Consultation: $100 per hour • Secretarial Fees: $38 per hour a. Travel Time from Belmont (each way): $50 hour b. Litigation and Expert Testimony • Consulting: $160.00 per hour • Depositions: $200.00 per hour • Court Appeazances: $225.00 per hour Exhibit B Page 7 of 20 a. Attend Public hearing: $150 per hour (one-hour minimum) b. Soil and Laboratory Analysis • Tissue and Soil Samples: Rate to be Determined • Arborist time Billed at Rates under General Services l J Exhibit B Page 8 of 20 . EXHIBIT C FACILITIES AND EQUIPMENT City shall furnish physical facilities such as desks, filing cabinets, and conference space, as maybe reasonably necessary 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. Exhibit C Page 9 of 20 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. 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 pay or 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, Exhibit D Page 10 of 20 . 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 maybe 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. 8. CONFLICT OF INTEREST. a. In General. Contractor represents and warrants that, to the best of the . Contractor's knowledge and belief, there aze 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. Contractor acknowledges that it is subject to the provisions of the City of Saratoga Conflict of Interest Code, a copy of which has been provided to contractor. b. Subsequent Conflict of Interest. Contractor agrees that if an actual or potential conflict of interest on the part of Contractor is discovered after awazd, 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 fixnding to . Contractor. Exhibit D Page 11 of 20 9. COMPLIANCE WITH LAWS. . a. 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. 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 License. c. Funding Agency Requirements. To the extent that this Agreement maybe 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 ofmaintaining adrug-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 worksite, 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. Exhibit D Page 12 of 20 10. DOCUMENTS AND RECORDS. a. Property of City. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda or other written documents or materials prepazed 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. b. Retention of Records, Until the expiration of five yeazs 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 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. c. Use Of Recycled Products. Contractor shall prepaze 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. d. Professional 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. • Seal and Signature of Registered Professional with report/design responsibility. 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. Exhibit D Page 13 of 20 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 chazacter of the work, unforeseen difficulties, accidents, occurrences or other causes predicated on active or passive negligence of the Contractor or of any subcontractor. 3. 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. a. Indemnity. To the fullest extent permitted bylaw, Contractor shall defend, indemnify and hold harmless City, its employees, agents and officials, from any liability, claims, suits, actions, azbitration 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. b. 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. c. 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. Exhibit D Page 14 of 20 d. 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. e. Subcontractors. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every subcontractor, subtier 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. £ 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. 4. 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. 5. DEFAULT AND REMEDIES. a. Events of default. Each of the following shall constitute an event of default hereunder: 1. Failure to perfonn 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 b. 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, Exhibit D Page 15 of 20 Contractor shall not be in default if Contractor promptly commences the cure and diligently proceeds to completion of the cure. c. 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. d. 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. TERMINATION. Either party may terminate this Agreement with or without cause by providing 30 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 effect whatsoever and each of the parties hereto shall be relieved and discharged herefrom, 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 tennination of this Agreement. 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 nonbinding mediation in California at shared expense of the parties for at least 8 hours of mediation. If mediation does not amve at a satisfactory result, arbitration, if agreed to by all parties, or litigation maybe pursued. In the event any dispute resolution processes are involved, each party shall bear its own costs and attorneys fees. 8. 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. 9. 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 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. 10. NOTICE OF NON-RENEWAL. Contractor understands and agrees that there is no representation, implication, or understanding that the City will request that work product Exhibit D Page 16 of 20 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. 11. 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. 12. 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. Exhibit D Page 17 of 20 EXHIBIT E INSURANCE Please refer to the insurance requirements listed below. Those which 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 Sazatoga, 13777 Fruitvale Avenue, Sazatoga, CA 95070. Contractor shall furnish City with copies of original endorsements affecting coverage required by this Exhibit E. The endorsements aze 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 GeneraUBusiness Liability Insurance with coverage as indicated: X $1,000,000 per occunrence/$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 standazd 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. X Auto Liability Insurance with coverage as indicated: X $1,000,000 combined single limit for bodily injury and property damage $ per person/$ per accident for bodily injury $ 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. X Professional/Bnors and Omissions Liability with coverage as indicated: X $1,000,000 per loss/ $2,000,000 aggregate Exhibit E Page 18 of 20 $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. X Workers' Compensation Insurance X 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 GeneralBusiness 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) X The Certificate of Insurance MUST provide 30 days notice of cancellation, (10 days notice for non-payment of premium). NOTE: the 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." All subcontractors used must comply with the above requirements except as noted below: As to all of the checked insurance 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 Exhibit E Page 19 of 20 self-insured retentions as respects the City, its officers, officials and employees; or (2) the Contractor shall procure a bond guaranteeing 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. 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. If you have any general questions please call Jesse Baloca, Administrative Services Director at 408/868-1200. Exhibit E Page 20 of 20 '.~ SARATOGA CITY COUNCIL MEETING DATE: November 20, 2002 AGENDA ITEM: ORIGINATING DEPT: City Manager's Office CITY MANAGER: ~/~G%~^'~----- PREPARED BY: Lorie Tinfow DEPT HE tti' SUBJECT: Saratoga Library Project Update RECOMMENDED ACTION(S): Consider proposal for substitution of aggregate in place of smooth concrete for the walkway from Fruitvale to the front of the Saratoga Library at a cost of $6,000. Consider the addition of curbing in the pazking lot at the Saratoga Librazy at a cost of $4,800. REPORT SUMMARY: Budget Summary Report as of November 1, 2002. A copy of the most recent document presented each month to the Citizen's Oversight Committee is attached. The changes made to the budget totals since my last report aze shaded. Change Order Activity. No new Change Orders have been made since my last report. New change requests include funds to correct or finish Phase I work that will eventually be charged back to Gen-Con's contract. Budget Status. The table below shows the status of funds: Committed Pro~ect Total as of 11/1/02 without contin enc $14,080,041 Chan ere uests shown as "estimate of than es to contract" + $434,933 Total Project Costs both committed and Chan ere uests = $14,514,974 Total authorized bud et $14,600,000 Remainin Balance = $85,026 Percent of time ela sed for entire ro'ect-Phase I and II 60 weeks/79 weeks 76% Construction schedule. The substantial completion date continues to be February 28, 2003, however, Thompson Pacific has submitted a request for delay days that is being evaluated by Gilbane. The change request total represents all contractor requests made to date and is a "worst case" estimate. This number is simply shown for tracking purposes and appeazs on the attached Budget Summary as a subtotal under "Estimate of Changes to Contract." Gen-Con, Inc., Bankruptcy. No new reportable information. Request for Landscaping Changes. The Library Expansion Committee considered several changes to the landscaping plan. Two of the changes .follow: ^ substituting aggregate-for smooth concrete on the walkwaythat runs from the front of the building to Fruitvale Avenue (see attached diagram A) at a costof $6,000 ^ installing raised curbing in the pazking lot (diagram B) at a cost of $4,800. The contractor is completing much of the landscaping now. Council is asked to consider the Library Expansion Committee's recommendation now because the deadline for initiating these changes is coming up in the next week or so. During the last storm, the erosion that was expected to occur near the west side of the pazking failed to develop. As a result, staff will delay consideration of drainage options for that area pending more information. FISCAL IMPACTS: Approval of either the aggregate walkway substitution or installation of parking lot curbing will result in a change order for those items that will be reflected in the ultimate budget up to a maximum of $10,800. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): • No changes will be made to the parking lot nor substitution to the walkway ALTERNATIVE ACTION(S): Approve one or none of the changes. FOLLOW UP ACTION(S): Staff will continue to bring budget updates to Council on a regular basis. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: ^ Library Budget Summary Report dated 11/1/02 i 9 0 0 O a ~ IO m ~.Oj o d r" d W (O p d d .-. iO W U a-.r ~O O o =E~?v°Jia O 10 O V f9 m ~ ei A ~ V CNJ N ~ d N r F V W O d 'O O~i N a .a w F» C ~~ ~ 10 O N ' (J IO N ~ ~~ N a ~L° t ~N d O W u^i_ too. 'or O a` °' ~~ `o °~ a~ O q ~ m rn.. ri ~ y~LU ~~ W U 01 ~ O M A9 O) N U O ~ " to ~ 0 0 O O y ~ O O ~ N m n N O O O Gl U M ~ W r M ~ O O M M co M O N J CNJ IN(J m m ~~ O O ° ° O O m o o~~ o 0 N ~ O O ~ ~ O O ~O fA fA a N fA 19 n ~ Y9 ~ M N h M ~ O'N:'O o'i N.n W ~.OW N M~~bf MfA ~ O st O N a ~ Of9~~0~~ ~ ~ N O rn °o ~"O°o°mo O ~ ~ O N IO N M fp ~ ~f9 Vf f9 °o °o ~ ~ O ~ ~ o e °~oi ~ U3 Yj O O 0 ~ O O OJ O ~j O ~ O O M ~ N N ~O O M ~~ ~~~~ O N ~ O N O N~ N O N N ~~ eA fA fA~ ~ o o~ ~ e ° o o e o 0 0 0~ O O O~~~ O~ 0 0 O m N ~ M !~ O (OO (O O N N m O N M M 00 O O M O O p W O N M pJ O~ ~I~ Ol Of9~Of9 O N ~ t9 t O t9 f9 ~ M fA ty ion ~ ~ ~:o.m a ° O ~ ~ m o O O O' V 'r ' y) N N i t9 O f9 t9 f9 .. O,~ c to t9 '~:~df t9 t9 O H M M O p O O O M N~ ~ O O O O O N fq p j O O N O f0 f9 O O t Iq t M 0 OHO O r O oOO OO oowo t p ~0 D O~ 0 ooao~nM I(l O ~ fO O ~ ~ N N <O V O O ~ !9 fA to f9 t9 fA f9 ~ t9 t9 o ° 0 ° o ° °o ~ o e n o ~ ~ N r O~ A N N O ~ ~ ~~ ~~~ ~ O M N W O M ~? N W (O r V h M M ~ N ~ ~ ~ N '~ ° o M O O N N (O M N N O M O N N r ~ p ~ O N ~ ~ ~ M ~ ~ ~ O O O O O O O 00 0 0 O O 0 0 0° o 0 0 0 0 00 O O tO ~O Of9 f9 M V ~~ N I[J ~ N N N V U3 y3 {q U3 E9 U3 ~ = ''°' U 0 LO o f c W L d U m K~~ L? n a c° E U v h v n ~ LL v p U D w w- L_ t o ~ 5 N E ._ _ ~~ 3 y E m~ ~ w ~" ~ O u U O a s r d a o .m N o g 7~~ ~ a s y a o Z. °i O~~ o 0 C C O N E { VV p U F m e NS n~ W C co O U N N ~ c~ Uy U U d a m p@ c ~ o> d~~~ .d. a v. ~i C .~ 4~? u v h N i ~~ d Q Q~ U N U W () LL ~i U' Q F N N ~~ Ft ~ 0] ~. F U S C y N vvv~ a r N °o a N M h Q !_ M O o ~ ~ d N a n r H d _ n ~ N O O N M Q) O N~ M O M Iq I V IO t9 V ~- IO OJ N W O 10 ~ p ~ ~ N ~ ~ ~~~~~ ~ d 0 ' M OOM BOO OI m O M M j~ ~ LL h p~ M O) O) V Yf d ~ ~~ e'noNN m ~ ~°o OO at ~ry~NN N ~ 1 Q fA t9 Ui H df ~% o E rn oa mo~°n °v _ ~~~ov o W ~ t9 f9~MK N v W L N O O M 1~ O a d U _ •L Q N R m Mro O) 1n M O U O ~ E M ~ N N Q V f9 ~ t9 ~ T d d' ~ f9 t9 U C m V D) O O M N Q) O] C - d r N c jp N D7 t0 M OI O O d ~ c,rimv o U ~~~ Q f9 IA f9 W ~ J d ~ O O O p ~ ~~ _ IO O H O 0 ~ O O'. ~ ° n e» r ei in n n e m fA ~ ~ ~ W r r . `o v c o 1/ N m~, n 2 N ~ O O ¢t .< o _~~ r ra; aNi ~ ;;x~°o ~: ~ v;..~ •V h v a ~ a d O d v ~ v c v g T LL c Q, a E: C c u m F LL d C GIU O . O' C O o v, U 5 c U ; O) U'C U c~ U ~ c a a 2 ~ U ~, v m . ~ V m U Pq N C a C7 e~• S_ `-~ i 1 It 4 ~\ ~. :~\ .. i '~V r! ./ 1 ~1 ~J ,- :~ ~~ ~~~c~A~ A 1- ~-''~~ V! Q 2 ~ ~_, V~ N d cfl v0 ~~#~ .~ n t ,~~ 4 ~ t~ 0 1 \ „ + y ~ i ~r~,~ '= y~~ \ :~ ~~„ ~, a u f 4 ~~ e 1 ';• r, I° \~~ `a \ ~ v ~._/ 2 F- 0 N ~" N ~Y~ Zoo ANN ~ a~ ~ c~ ~-- .. ~~~,RpM ~~°M'~r ~' ~ ~ . ,~ ~ ~ Q ___~~ SARATOGA CITY COUNCIL MEETING DATE: November 20, 2002 AGENDA ITEM: ORIGINATING DEPT: City Manager's Office CITY MANAGER: I J~~~~C'~\'~- PREPARED BY: Lorie Tinfow DEPT HEA,~,i-.~~d(U~ '^~ SUBJECT: Planning for the Saratoga Library Grand Opening Celebration RECOMMENDED ACTION(S): Provide direction to Council Subcommittee and staff regarding planning the Saratoga Library Grand Opening Celebration. Appropriate $10,000 and adopt the attached budget Resolution No. 02-_ to cover expenses related to the Saratoga Library Grand Opening Celebration. REPORT SUMMARY: The expanded and renovated Saratoga Library will be complete and open to the public in Spring 2003. An ad hoc Council Subcommittee was designated at the last meeting to propose ideas for the Grand Opening event. The Subcommittee requests direction on who to invite to participate on the Planning Committee, an appropriate budget andrough scheduling. A meeting was held between the two Councihnembers and staff, and the following ideas were developed: Invite representatives from the following organization to work with appropriate City and Library staff to become the Planning Committee: - Library, Arts and Heritage Preservation Commissions; Library Expansion Committee, Citizen's Oversight Committee and Friends of the Saratoga Libraries, - Chamber of Commerce, the Historical Society; and the Ministerial Association ^ Approve a budget of $10,000 and allocate fiords by resolution. • Plan a kickoff celebration on a weekend day after the library has been operating for some period of time with the possibility of other activities to occur throughout the following week. No funding has been budgeted for such a purpose. However, Council Contingency funds could be used and the attached resolution authorizes the expenditure. An unencumbered balance of $104,219 remains for this fiscal year. FISCAL IMPACTS: A contribution from the Council Contingency funds :would leave fewer funds available for other activities for the rest of the fiscal year. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): A Grand Opening Celebration would still occur but be significantly different than one planned as described in this report and without a budget. ALTERNATIVE ACTION(S): , ^ Plan an event similar to the Library Groundbreaking ceremony which required staff time but less than $500 to cover expenses. ^ Suggest an alternate planning strategy. FOLLOW UP ACTION(S): Staff will implement whatever action Council determines. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: • Budget Resolution 02- RESOLUTION NO. 02- A RESOLUTION OF THE CITY COUNCIL OF THE CITY . OF SARATOGA AMENDING THE 2002-2003 BUDGET FOR AN APPROPRIATION OF FUNDS TO BE ALLOCATED TO COVER EXPENSES RELATED TO THE SARATOGA LIBRARY GRAND OPENING WHEREAS, the expansion and renovation of the Saratoga Library has been underway since voters approved bond funds in March 2000; and WHEREAS, the construction activities are nearing completion and the new Saratoga Library is scheduled to open in Spring 2003; WHEREAS, the City of Saratoga wishes to plan and execute a Saratoga Library Grand Opening Celebration; NOW, THEREFORE, the City Council of the City of Saratoga hereby resolves as follows: To appropriate $ to be used for the Saratoga Library Grand Opening Celebration, AND BE IT FURTHER RESOLVED, to adjust the City of Saratoga's Fiscal Year 2002-2003 budget for the appropriation of $ for this project according to the following entries: Increase 001-1005-511.40-51 City Council 001-1010-511.50-02 Council Contingency Decrease $ The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the 20th day of November 2002 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Nick Streit, Mayor ATTEST Cathleen Boyer, City Clerk ~/~ SARATOGA CITY COUNCIL • MEETING DATE: November 20, 2002 AGENDA ITEM: ORIGINATING DEPT: City Manager's Office CITY MANAGER: ~~/G~~--~ PREPARED BY: Lorie Tinfow DEPT HE Celt. (dl.~~ti '~ SUBJECT: Contribution to Friends of the Saratoga Libraries "Furnishing the Future" Campaign RECOMMENDED ACTION(S): Accept report and direct staff accordingly. REPORT SUMMARY: The $15 million in bond funds approved by voters in March 2000 is restricted to construction expenditures, and equipment purchases that are fixed to the building. As a result, fiunishings and non-fixed equipment like computers cannot be purchased with bond fimds. The Friends of the Saratoga Libraries pledged to raise all .funds needed for furniture, equipment and additional collection materials for a total of $1.1 million. The fundraising campaign has included opportunities for donors to be recognized in a variety of ways. The names of larger donors will be engraved on plaque to be hung in the entry hall of the new building. The Friends have submitted a request for a City of Sazatoga contribution of $25,000 for which the City would be acknowledged on the plaque. A copy of their request letter is attached. The deadline for engraving is December 1, 2002. With both the Friends and the City committed to providing an outstanding building with outstanding furnishings and equipment, the contribution would be an appropriate donation of public funds. No funding has been budgeted for such a purpose. However, Council Contingency funds could be used and the attached resolution authorizes an expenditure. An unemcumbered balance of $104,219 remains in the Council Contingency for this fiscal year. FISCAL IMPACTS: A contribution of $25,000 would leave a balance of $79,219 in the Council Contingency fund. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): The City of Saratoga will make no contribution to the furnishings campaign and will not be recognized on the Friends' plaque. ALTERNATIVE ACTION(S): ^ Make no contribution. FOLLOW UP ACTION(S): Staff will notify the Friends of the Saratoga Libraries of the Council's decision. If a contribution is approved, Staff will insert the appropriate dollar amount on the attached resolution and execute the action. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: ^ Letter from Friends of the Sazatoga Libraries ^ Budget Resolution 02- _ ~, ~, -:< .... A~.,. .. ~ Y, 3,~. t;'~„ ~ rr ~. • ~ ~IX3Y i YZUr 6~ .YxBL £~muvm~n n n /y~m ~' ~ ~~'~ November 6, 2002 .k r~?yn ,4 ~J~:~,~k ®Cp~ p ....... c. tl~ihYYi:~'~. E4 v'" RC6a ~9~~•..i ... ~ Cit Council NOV 6 - 2002 r y ,~r.;~;~;,,s,~ = com,.c ~_ , C;ity of Saratoga C1TY OF SARA7OGH Saratoga, Ca;ifornia "`~-°°-- --~ C ~;ti ~~.~tia~ Dear Council fVlembers: ~_. r~,~ .~_ ~~., ..,. n, ~ ~~: k-.. 1. .. _..'~'eSdFl'~ ;,,~ .,,__;, I am writing to ask the City of Saratoga to contribute $25.000 to Furnishing the Future and have "City of Saratoga" on our bronze plaque for major contributors. The ` "` ~ , ~„ plaque will be in the lobby vestibule of our new Saratoga Library. ,~~~,. _, ~= ~~ - - ~:- Furnishing the Future is our campaign to raise the funds necessary for the Library's ~~ furniture and an expanded materials collection. The total amount required is $1.1 -,:;,~,,, rnilGon, of which the Santa Clara Joint Powers Authority is providing $381,200. The Friends committed to raising the remaining $720,000, $420,000 for furniture and $300,000 for an expanded collection. - _$ hrough Furrishing the Future and our regular operations we have now raised sligh?:ly over $620,000. In today's economic climate, this is a real tribute to Saratogans and a powerful testimony to how highly they value their library. They will aiso Highly value "City of Saratoga" on our bronze plaque. am enclosing our Furnishing the Future form so you can indicate exactly how you wish 'the City to be shown on the plaque. Sincerely, - /~ Qill McDonnai President • RESOLUTION NO. 02- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA AMENDING THE 2002-2003 BUDGET FOR AN APPROPRIATION OF FUNDS TO BE CONTRIBUTED TO THE FRIENDS OF THE SARATOGA LIBRARIES "FURNISHING THE FUTURE" CAMPAIGN WHEREAS, the Friends of the Saratoga Libraries has undertaken the task of fundraising for furnishings, fixtures, equipment and additional collections; WHEREAS, the City of Saratoga has invested $15,000,000 in a new library building; WHEREAS, both the City and the Friends of the Saratoga Libraries are clearly committed to providing outstanding library resources for citizens; WHEREAS, the City of Saratoga wishes to contribute to the Friends' efforts; NOW, THEREFORE, the City Council of the City of Saratoga hereby resolves as follows: To contribute $ to the Friends of Saratoga Libraries' "Furnishing the Future" campaign, AND BE IT FURTHER RESOLVED, to adjust the City of Sazatoga's Fiscal Year 2002-2003 budget for the appropriation of $ for this project according to the following entries: Increase Decrease 001-1005-511.40-70 City Council 001-1010-511.50-02 Council Contingency The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the 20th day of November 2002 by the following vote: AYES: NOES: ABSENT: ABSTAIN Nick Streit, Mayor ATTEST: Cathleen Boyer, City -r ~~ ~~ SARATOGA CITY COUNCIL MEETING DATE: November 20, 2002 AGENDA ITEM: CITY MANAGER: ~.~~~,~~ ORIGINATING DEPT: Public Works PREPARED BY: DEPT READ: SUBJECT: City Property Located at Quito / Pollard Road RECOMMENDED ACTION(S): Receive report and provide direction to staff. REPORT SUMMARY: At their recent meetings, the Parks and Recreation Commission and the Trails Subcommittee have been discussing the disposition of two adjacent parcels of City-owned property located at the Northeast intersection of Quito and Pollard Roads. The Parks and Recreation Commission and the Trails Subcommittee aze interested in designating these parcels as parkland (attachment A), with the suggested name of "Oak Grove Park" due to the large number of Oak Trees on the properties. The Parks and Recreation Commission invited Arlie Middlebrook, native plant specialist, to their April 2002 meeting and were given an informative presentation on the usage of native plants in landscaping projects and gave information on how the City owned parcels at Quito and Pollard Roads could be developed using native flora and fauna. The Parks and Recreation Commission requested Staff determine the zoning of the parcels and if the parcels are designated as parkland. After reseazching this, Staff determined the two parcels, APN 403-22-027 and APN 403-22-004, are not designated as parkland and aze zoned R-1-40,000. These parcels were Quitclaim Deeded to the City from the County in 1979, and appeaz to be related to a transportation easement and flood control area (attachment B). Incorporated in this year's update of the Capital Improvement Plan is a line item for improvements at these sites. Staff is requesting direction from Council on how to proceed regazding the disposition of these pazcels. H FISCAL IMPACTS: N/A. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): N/A. ALTERNATIVE ACTION(S): None FOLLOW UP ACTION(S): None ADVERTISING, NOTICING AND PUBLIC CONTACT: ' None ATTACHMENTS: Attachment A -Letter from Parks and Recreation Commission Attachment B - Copy of Quitclaim Deed Attachment C -Map of each parcel 2 of 3 • ATTACHMENT A PROPOSED NAME FOR CITY PARK The City of Saratoga owns a small parcel of land located on the northeast corner at the intersection of Quito and Pollard roads. While this is designated as parkland, a park has not yet been developed there. The PRC is exploring possible uses for this unnamed park, but it's awkward trying to reference "No Name Park" or `The Unnamed Park" during discussions. To prevent this, and to give the park an identity within the City, the PRC wants to propose formally naming this park. The most commonly used unofficial name by which this park has been known is "Oak Grove Park." Since this name certainly reflects the dominant feature of the park, the PRC proposes making this its formal name. The name "Oak Grove Park" is also in keeping with the concept of developing the park as an educational facility, one featuring native plants suitable for use as landscaping within Saratoga. Therefore, the Parks and Recreation Commission respectfully requests the Saratoga City Council to adopt "Oak Grove Park" as this park's official name, and to direct staff appropriately. Thank you. ~~ Y ~ f }~ '.r YJ''ri.'~:1L~I.....:~uL`rW~Y~I(fil~LfiJL..rtS' •±..Y~ '` • 0337840 ~{,2x,apot~e~oxi cf~`"c~~ ~ ~ t1,: .Tifi n Parcel 1000-90IX LW~~ +t/ and 98 ER Quito r Pollard OUITCLP.IM DEED ~ ~, THE COUNTY OF SP.NTA C1.A;.A, a body politic and corporate by and through the Board Of Supervisors~of the County of Santa Clara, does hereby quitclaim un[n the City of Saratoga, all that real property situate in the City of Saratoga, County of Santa Clara, State of LalLfornia, described as follows: Parcel 1• BEC INNING :rt a sp±.ke at the Lnte rsection of the center lines of [he Quito and Pollard roads; thence along the center line of the Pollard road N. 75 veg. 20 min, E., 119.63 Feet co a spike in the road from which a 2X3_W. P. bears N. 6 deg. 41 min. E., 20.40 1:e et; [hence leaving said road N. 6 deg. 41 mi rt. E. 133.32 :eat to a 2X3 stake; thence N. 28 deg. 49 min. E. 50.65 feet to a 2X3 stake standing in the line between lands of Chand Ler and Guinchazd; thence N. 89 deg. 2] min. W., 195.26 feet to a spike in the center of Quito Road from which a 2X3 W.P. bears S. 89 deg, 'li min. E. 20.08 Feet; [hence along the center line of Quitu Road ~. 5 de 47 min. E. 152.29 feet to a sp~i ke and S. 22 deg. 42 min. E 62.50 feet to the place of beginninlt, king part of the Quito Rancho. Var. 17 deg. 30 min. t. Parcel 2: Being a portion of tare lands of Santa Clare County Flood Control and Water Conservation District, as described in [he deed, recorded in Book 8170 of Official Records, at page 279 in the office of the Recorder, County of Santa Clara, State of California, to wit: Beginning a[ the Southwesterly corner of said lands, said corner also being the point of intersection of the centerline of Pollard Road, t0.0D tee[ wide, witn the westerly Line of saidlands; thence along said westerly line of said lands N 6°13'24" E. 133.32 feet, and N. 28°21'24" E. 57.93 feet; thence leaving said westerly line along a curve to ehe left from a-tangent chat bears S. 06°45'59" W. with a radius of 235.D0 fee[ throngh a central ankle of 21°49'59" For an arc distance of 89.55 feet; thence S. 15 04'00" F.. )8.90 feet to a point on the aforementioned centerline of Pollard Road; thence along said centerline S. 74°56'00" 61. 71.37 feet to the point of he ginning. lJirness ~r~y hand chis_ JUN 4 1979 ' ~ ,'~YN ~ r,t' c Chairpe ori, Boa o Supervisors STATE OF CALIFORNIA ) ) SS COUNTY OF SANTA CL1RP) JUN t ; 19R' - On before .o m?, KeNicen Mue persona y appeared ~~~r ~=~~~ known to me to be ATTACHMENT ;B s u J be the Chairperson of the Bnard of Supervisors of the County of Santa Cl.a r~, Scate o£ California, and known to me to be the person who exe!`•ited the within instrument on behalf of said County and acknowled Red to me tha: c^.Sd County of Santa Clara authorized e:<ecutlon of the same. KATHLEEN MORENO ~,Qf/1_ _ ~J~,~rr~J~/L~- NOIA¢~ nu OtIC.G4~Ca'e~A /-N otary PuTj11C ~j SaNL C1ARA CbINfY , M.• •>i..~n.•• f ~ •~Prr. A W.6.1G2 _~_._._.~ ~ 6firy2 R;2 ..~ ~ / / a,;-o ~, :nm 00 ~C~ %; C rR a c W Z co s ~m ~ Ao ~ _ m ~. w no .,~ m ~ CC A. O ,: T~ C QUITCLAIM DEED City of Saratoga Parcel 1000-90 6 35 k]C Quito - Pollard Page Lt+o ~ ~~ '~~r ~ f ~ .~ a ~ w ^tit r H ~~ .~I~~j}ff ~ ~~ ~'i. ~, 1 r `t a~ v + f a)~~ 7 _ ~~ {~~ybs'. ^F~da~~.. YCtc, a: .sue :.. aiur~c' ~ ~iabsi.,~l~°~i a .~ _..bs.YywpYt3ii935:'C~.`. r ssz ~:== sz TlQS ?S TO CERTI[Y [hat the lntereet Sn real property conveyed by the deed oc Brent dated the _ 4th dey of June , 19 79 from ' CnnnrX of San Ya Clara __ co the CSty of Sautogs, a Municipal Corporatfon, is hereby a<cepc:.1 by the vnderalgned officer on behalf of the Cf ty Council of the CSty of Saratoga, purausne to su:hority con- ~ . terred by Reaolu[1on No. •50-b of [he aafd CSty Council adop [ed ~aa on Narch 15, 1972 and the Grantee conaentl to recordation there- M of by said duly au [horired officer. Dated thle ^'L9th dey of June ~ ~ ~ ,~ 19 79-. \, CITY OF SARAT GA""' ~. r J ,. ,r w t, .. ~_ c s' t~j v h-.`~ l j i /, i i i % C i ~ T N ~ CITY OF / CAMPBELL 0.54 Acre APN 403-22-004 Rpp.D ``PRA P ; 0.12 Acre ~ APN 403-22-027 CITY OF SARATOGA TOWN OF ', LOS GATOS ,~ ~i N I I 80 0 80 160 et i SARATOGA CITY COUNCIL MEETING DATE: November 20, 2002 AGENDA ITEM: i~ ORIGINATING DEPT: Public Works CITY MANAGER: (/~~ "~~((~?~ PREPARED BY: ~"~I.~d~i '+~I.,.c DEPT HEAD: ~1.,.V ti~~ SUBJECT: Gardiner Park Access Trail Adjacent to Wildcat Creek RECOMMENDED ACTION(S): Direct Staff to work with the Santa Clara Valley Water District to develop a Joint Use Agreement to reopen the Gardiner Park Access Trail. REPORT SUMMARY: Local residents living in the Gardiner Pazk area have been utilizing an easement controlled by the Santa Clara Valley Water District as an access trail to the Eastern end of Gardiner Park via Springhill Court for many yeazs. Staff was notified last August by residents living in the area access to the trail had been blocked by placement of cyclone fences at the Springhill Court and Gardiner Park entry points and wanted to know why the access to the trail had been closed. Research revealed the Santa Clara Valley Water District had erected the fences and closed the trail in direct response to a privacy/safety complaint received from a resident who lives along the trail whose back fence lies adjacent to the trail. When this information was conveyed to residents who had previously contacted the City, their response was to request the City reopen the trail. Staff explained the City is not able to reopen the trail because the trail is under the auspices of the Santa Clara Valley Water District. Staff explained Residents could circulate a petition to reopen the trail and bring this petition forward to the Parks and Recreation Commission for review, which the residents did at the November 4, 2002 Parks and Recreation Commission Meeting. During the interim, staff at the Santa Clara Valley Water District expressed a willingness to explore options to reopen the trail if the City would be willing to enter into a Joint Use Agreement. As requested by Council, Staff is presenting this report and requesting permission to work with the Santa Claza Valley Water District Staff and the City Attorney in an effort to develop a Joint Use Agreement similaz to the one contained in Attachment A. 1 r Present this evening from the Santa Clara Valley Water District is Jennie Micko, who is prepared to respond to questions from Council FISCAL IMPACTS: Unknown at this time. Future costs could include trail maintenance and improvements. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): Gazdiner Pazk Access Trail will most likely remain closed. ALTERNATIVE ACTION(S): Continue dialog with the District to reopen the trail to its previous status. FOLLOW UP ACTION(S): Joint Use Agreement will be developed between the City and the Santa Clara Valley Water District and submitted to the City Council for approval at a future City Council Meeting. ADVERTISING, NOTICING AND PUBLIC CONTACT: Meeting Notice mailed to azea residents most likely affected by trail closure. ATTACHMENTS: Attachment A -Sample Joint Use Agreement Attachment B -Petition from Area Residents ATTACHMENT A File: City of X-File: JOINT USE AGREEMENT SANTA CLARA VALLEY WATER DISTRICT, a public corporation, hereinafter referred to as "District;" and the City of ,hereinafter referred to as "City;" AGREE this day of . as follows: RECITALS: A. District is the owner of certain real property (hereinafter "the Premises"), described on "Exhibit A" hereto, so marked and by this reference made a part hereof. B. City and District recognize that the Premises are regulated by a variety of federal, state, and local agencies. C. City and District, in cooperation with the California Department of Water Resources, the U.S. Army Corps of Engineers, and the California Department of Fish and Game, agree to use the Premises for nonvehicular (except for maintenance, emergency, and enforcement vehicles) and recreational purposes and for flood control and water conservation purposes. D. City has ascertained that adequate funds have been appropriated to construct and operate its proposed facilities on the Premises and that adequate funds have been appropriated to meet all of its obligations contained in this agreement. E. The parties find it to be in the public interest to provide for joint use of the Premises by means of an Agreement thereof under the fo]lowing terms and conditions: AGREEMENT: District shall and does hereby grant permission to City to use the Premises for the following purpose or purposes and subject to the following special restrictions: City shall provide and maintain recycling and garbage receptacles for public use, and provide for adequate waste removal service. City shall also provide graffiti removal in compliance with City's graffiti abatement program, including graffiti removal from signs installed in conjunction with and/or accessory to the establishment of a public park and pathway consistent with its implementation of the same program at comparable City facilities. . 3. The public pathway and corridor, the subject of this Agreement, may be patrolled by City personnel and ranger services under contract with City and/or volunteers supervised by City. District shall have no obligation whatsoever to provide or pay for such services. C:\WMDOWS\Temporary ln[emetFiles\OLKIlE2VOMT USE AGREEMENT RE(734_mas[er (06-02).doc 1 Of5 4: City must remove and if it so chooses, replace recreational improvements installed by the City • in the event District is required to improve, maintain or repair in any manner for District purpose's. District shall inform City in preconstruction planning, as described in Paragraph 7, in the event a District flood contxol project is needed, to minimize District's project impact on City's improvements to the Premises. Damage occurring to City's structures or paving by reason of District's maintenance or other activity or by reason of natural forces will not be the responsibility of the District to repair or restore, all such costs for such repair or restoration are to be born by City. 6. City and District recognize the unique nature of the resources and recreational uses covered by this agreement and the beneficial effects to both parties of providing these resources to the public. City and District resolve to utilize their respective offices to mutually support the efforts of each other to deliver such services to the public. City and District further agree to cooperate in order to resolve disputes and assist each other in responding to public inquiries arising from the activities of either party. City and District staff shall meet whenever necessary for the purpose of scheduling routine maintenance, including, but not limited to: X Maintenance issues related to improvements; X Method and timing of issues related to affected wildlife; X Nonemergency work requiring the use of heavy equipment, barricading, and/or restricting access to the Premises. District and City further agree to notify one another's designated representative as required prior to commencement of such work, in order to minimize public impacts. X In an emergency situation, District shall have rights provided in Paragraph 14 without consulting City: 8. City will encourage volunteer groups to participate in District's "Adopt-A-Creek" program. 9. Native plants selected by a licensed landscape architect with native habitat experience should be used for revegetation purposes. 10. Construction work during spring nesting season will be avoided whenever possible. The parties acknowledge that the spring nesting season occurs between February 1 and July 1. If construction must be done during the nesting season, a survey by a qualified biologist will be undertaken to determine the presence of nesting. If no nesting activity is reported, then the work may proceed. If nesting activity is reported, the biologist is expected to recommend the implementation of adequate mitigation measures. Environmental impact shall be considered prior to all work. Any and all work related to this clause shall be completed in accordance with applicable federal, state, and local environmental health and safely regulations including the federal Migratory Bird Act of 1918 and any amendments thereto. 11. The parties shall cooperate to create and install signage which benefits the programs of each • party such as warnings, entrance signage, interpretive signs and benches, and joint uses when applicable. The Chief Executive Officer of the District and of C:\WINDOWS\Temporary InternetFiles\OLKilE2VOINT USEAGREEMENT RE1734_master (06-02).doc ZOfS the City or their designees shall meet and confer on a periodic basis to plan and install appropriate signage which serves the needs of both parties. All signs excepting existing ones or publications that identify the facility (e.g. park, trail) by name should include the District's logo in equal size and symmetric relationship to any other logos. All signs or publications that are intended to interpret the water resources should be developed in cooperation with the District's Public Information Office and should also include the District's logo in equal size and. symmetric relationship to any other logos. Maintenance responsibility for signage and benches shall be the responsibility of either the District or the City, according to which entity has installed the improvements. 12. This Agreement shall be for a period of 10 (ten) years beginning on the date it is approved by the District Board of Directors. City may, upon written notice to District of intent to do so, given not less than ninety (90) days prior to the termination date, renew this Agreement for a like period upon the same terms and conditions. This Agreement maybe terminated by either party upon ninety (90) days prior written notice to the other. Notice of intent to renew or to terminate maybe given by the City's for City. Notice of intent to terminate may be given by the District's Chief Execufive Officer for the District. It is understood and agreed that at District's sole discretion, this agreement maybe superseded and incorporated into any future joint use agreement or lease arrangement along 13. City shall have the full control and authority, for purposes of this Agreement, over the use of the Premises, and City may restrict, or control, regulate and supervise the public use thereof. City may, in its discretion but consistent with the right of District hereinafter described, and . without diminution of the flood control or conservation function or hazard thereto of the Premises as now existing or as may hereafrer be altered, take any measures of every kind as may in the opinion of City be necessary for the safety of the users of the Premises for any lease purpose. Further, City shall have the sole responsibility for the maintenance in usable and safe condition of every facility provided upon the Premises for purposes of this Agreement. 14. District shall have the sole responsibility to maintain for flood control and water conservation purposes, to repair and reconstruct the same where necessary for such purposes and to perform such periodic maintenance as may be appropriate to such purposes, including removal of silt, debris, and obstructive growth. It is expressly understood that District is engaged in flood control and the conservation of water and that the terms and conditions of this Agreement shall not in any way interfere with the absolute, free and unrestricted right of District to operate and maintain for flood control and water conservation purposes the stream bed and banks or any appurtenant works thereto, or to repair or construct any of its works, or to raise or lower the height of the water present upon the Premises; and it is further understood that nothing herein contained shall be construed as confemng a right upon City to have or a duty upon District to provide water upon the Premises at any time. City shall bear the cost and expense of any security, police or other expenditure necessary to temporarily prohibit or control public access to the Premises that the District would not ordinarily incur to complete the activities described in this clause. Damage to District's or City's facilities arising from use of the Premises under this Agreement shall be the responsibility of City. 15. It is also expressly understood by City that the level of water upon the Premises may fluctuate • from day to day due to controlled or uncontrolled flows upon and across the same, and that such fluctuations may require greater control over the use of the Premises by City and the public; provided, however, that City shall be responsible for informing itself thereof and of all C:\WINDOWS\Temporary lntemet Files\OLKllE2UOINT USEAGREEMENT REI734_master (06-02).doc 3of5 r other conditions of the Premises whether open or covered which may in anywise affect the health and safety of the users of the Premises hereunder. 16. (a). City shall have the right to build any improvements on the Premises necessary, or convenient to the enjoyment of this Agreement, provided the location of any such improvement is, in each case during the term of this Agreement, first approved by District and signified by issuance of a District permit. It is fully understood and agreed that District's basis of approval or disapproval of improvements is its responsibility to insure that the same shall not constitute an obstruction to flood flows and shall not interfere with the use of the Premises for flood control or water conservation purposes, and does not in anywise extend to consideration of the health and safety of users of the Premises, which latter consideration is the responsibility of City. (b). Improvements built by City on the Premises shall remain the property of City and upon the termination of this Agreement shall be removed by City, leaving the Premises in a condition as near as reasonably possible to their condition prior to such improvements. If District, in the interest of health and safety and in Ute exercise of lawful powers, requires that such an improvement must be removed or relocated, the same shall be done at City's expense upon reasonable notice from District. 17. (a). City shall assume the defense of, indemnify and hold harmless, District, its officers, agents, and employees from all claims, liability, loss, damage, and injury of any kind, nature, or description directly or indirectly arising during the initial term of this Agreement, or any renewal thereof, and resulting from the public use of the Premises pursuant hereto or from public use of adjacent Premises of District occurring in consequence of City's or the public's use of the Premises or from acts, omissions, or . activities of City's officers, agents, employees, or independent contractors employed by City, excepting claims, liability, loss, damage, or injury which arise from the willful or negligent acts, omissions, or activities of an officer, agent, or employee of District. This Agreement to defend, indemnify, and hold harmless the District shall operate irrespective of the basis of the claim, liability, loss, damage, or injury and irrespective of whether the act, omission, or activity is a condition of premises or any other cause of any kind or nature. (b). District shall assume the defense of, indemnify, and hold harmless, City, its officers, agents, and employees from all claims, liability, loss, damage, and injury of any kind, nature or description directly or indirectly arising from District's exercise of its flood control or water conservation purposes on the Premises pursuant hereto or from acts, omissions, or activities of District's officers, agents, employees, or independent contractors employed by District excepting claims, liability, loss, damage, or injury which arises from the willful or negligent acts, omissions or activities of an officer, agent, or employee of City. This agreement to defend, indemnify, and hold harmless shall operate irrespective of the basis of the claim, liability, loss, damage, or injury, and irrespective of whether the act, omission, or activity is a condition of premeses or any other cause of any kind or nature. 18. Any and all notices required to be given hereunder shall be deemed to have been delivered upon deposit in the United States mail, postage prepaid, addressed to either of the parties at the address hereinafrer specified or as later amended by either party in writing: City District • C:\WINDOWS\Temporary lntemet Files\OLKIlE2VOMT USEAGREEMENT RE1734_master (06-02).doc 4of5 i • Santa Clara Valley Water District 5750 Almaden Expressway San Jose, California 95118 Attention: Clerk of the Board 19. This agreement, and all the terms, covenants, and conditions hereof, shall apply to and bind the successors and assigns of the respective parties hereto; provided, that City shall neither assign nor sublet this Agreement without prior written consent of District. 20. This agreement includes any and all exhibits, covenants, agreements, conditions, and understandings between City and District concerning the Premises. There are no covenants, agreements, conditions, or understandings, either oral or written, between the parties hereto other than herein set forth. WITNESS THE EXECUTION HEREOF the day and year first hereinabove set forth. "City" CITY OF By: ATTEST: City Clerk APPROVED AS TO FORM: City Attorney "District" SANTA CLARA VALLEY WATER DISTRICT, a public corporation By: ChairBoard of Directors ATTEST: C1erkBoard of Directors APPROVED AS TO FORM: General Counsel C:\WINDOWS\Temporary Internet Files\OLK11E2UOINT USE AGREEMENT REI734_mazter (06-02).doc 5 of 5 ATTACHMENT B October 23, 2002 Subject: Extending Gardner Park Dear Nick Streit, Evan Baker, and John Cherbone, Attached is a petition signed by the neighboring community to Wildcat creek between Springhill Court and Gardner Parkin Saratoga. We are requesting that the fences, which were installed by the Santa Clara Valley Water District in August, be removed. This petition may be of use to you during your meeting tomorrow morning. 1 have also given a copy of the petition to Greg Zlotnick. Respectfully yours, ~r~~~ ~, Patty Allen r To: Santa Clara Valley Water District October 3, 2002 Ray Bramer, Field Operations Administrator. Gary Nagaoka, Field Operations Unit Manager Jenny Micko, Assistant Operating Officer cc: Cary Bloomquist, City of Saratoga, Parks & Rec Administrative Analyst Saratoga News The trail along the Wildcat Creek between Gardner Park and Springhill Court has been open for at least 20 years allowing all ages to walk, run, and bicycle along the creek. There have not been any trespassing signs posted to prevent people from using the trail. Chain link fences were installed in August, cutting off access to this peaceful creek trail that connects the Aspesi Drive neighborhood to Gardner Park. There was no notification to the surrounding neighborhoods that fencing off this highly used trail was being discussed. According to the Santa Clara Valley Water District (SCVWD), one neighbor whom backs up to the creek trail complained about people trespassing on the trail. The SCVWD also spoke of a small fire in the creek and dog droppings on the trail. This past year the City of Saratoga installed a dispenser of bags, at the park, for people to pick up after their dogs. This has helped reduce the number of droppings on the trail. Now that our access is denied, not only can we not enjoy the peaceful, beauty of ' nature; we are forced to take our children along the street to the park. This exposes our children whether walking, riding bikes, or riding in strollers to the dangers of streets without sidewalks, specifically, Myren Drive. On Myren Drive there are dangerous turns where the visibility is limited and the condition of the sides of the road forces the pedestrian to be closer to the cars path. We, the undersigned, are petitioning to remove the fences along the creek, one at the rear of Gardner Park and the other at the end of Springhill Court. We support that the trail should be open only during daylight hours. Petitioners: Please sign below if you support the above request. 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