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HomeMy WebLinkAbout07-17-2002 City Council Agenda Packet CITY OF SARA.TOGA CITY COUNCIL LAND USE AGENDA TUESDAY, JULY 16, 2002 3:00 P.M. SITE VISITS WII.L BE MADE TO THE FOLLOWING ITEMS ON THE CITY COUNCII. AGENDA FOR JULY 17, 2002 ON JULY 16 2002 ROLL CALL REPORT OF POSTING AGENDA AGENDA 1. Sazatoga Library -13650 Saratoga Avenue, Saratoga California The City Council conducts site visits to properties which are new items on the City Council • agenda. The site visits are held on Tuesday preceding the Wednesday heazing between 3 :00 p. m. - 5:00 p.m. Site visits only occur when there is an appeal scheduled before the City Council. It is not necessazy for the applicant to be present, but you are invited to join the Council at the site visit to answer any questions which may arise. Site visits aze generally short (5 to 10 minutes) because of time constraints. Any presentations and testimony you may wish to give should be saved for the public hearing. Please contact staff Tuesday morning for an estimated time of the site visit. ARCHIVE COPY r, U AGENDA ' REGULAR MEETING SARATOGA CITY COUNCIL JULY 17, 2002 CLOSED SESSION- 5:00 P.M. -ADMINISTRATIVE CONFERENCE ROOM, 13777 FRUITVALE AVENUE. ANNOUNCEMENT OF CLOSED SESSION ITEMS CALL MEETING TO ORDER - 5:00 P.M. ANNOUNCEMENT OF CLOSED SESSION ITEMS ADJOURNED TO CLOSED SESSION -.5:00 P.M. Conference With Legal Counsel -Existing Litigation (2 cases): (Government Code section 54956.9(x)) Name of case: Saratoga Fire Protection District v. City of Saratoga (Santa Clara County Superior Court No. CV-803540) City of Saratoga v. West Valley-Mission Community College District (California • Court of Appeal, Sixth Appellate District No. H022365) Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9: (2 cases) REGULAR MEETING - 7:00 P.M. -CIVIC THEATER/COUNCIZ CHAMBERS AT 13777 FRUITVALE AVENUE MAYOR'S REPORT ON CLOSED SESSION PLEDGE OF ALLEGIANCE ROLL CALL REPORT OF CITY CLERK ON POSTING OF AGENDA (Pursuant to Gov't. Code 54954.2, the agenda for this meeting was properly posted on July 12, 2002) COMMUNICATIONS FROM COMMISSIONS & PUBLIC Oral Communications on Non-Aeendized 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. CEREMONIAL ITEMS None SPECIAL PRESENTATIONS None CONSENT CALENDAR The Consent Calendar contains routine items of business. Items in this section will he 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. Approve Council Meeting Minutes Regular Meeting -May 1, 2002 Recommended action: Approve minutes. 2B. Approve Council Meeting Minutes Regular Meeting -June 5, 2002 Recommended action: Approve minutes. 2C. Review of Check Register Recommended action: Approve check register. 2b. Review Planning Commission Action Minutes - June 26, 2002 Recommended action: Note and file. 2E. Review Planning Commission Action Minutes - July 10, 2002 Recommended action: Note and file. 2F. Claim of Carol Hutchings; Claim No, GL-053529 Recommended action: Authorize ABAG to reject claim. 2G. Union Pacific Railroad Trail VTA Funding Resolution Recommended action: Adopt resolution. 2H. Request by San Jose Water Company for an Underground Pipeline Easement Through Foothill Pazk Recommended action: Grant easement and authorize execution of Right-Of--Way documentation. 2I. Motor Vehicle (MV) Resolution for the Installation of Two Stop Signs on Hill Avenue, at the Intersection of Hill Avenue and Montalvo Road Recommended action: Adopt resolution. 2J. Motor Vehicle (MV) Resolution Prohibiting Parking Along a Portion of Farwell Avenue Recommended action: Adopt resolution. 2I{. Motor Vehicle (MV) Resolution Prohibiting Pazking Along a Portion of Herriman Avenue Recommended action: Adopt resolution. 2L. Motor Vehicle (MV) Resolution Prohibiting Pazking Along a Portion of Tamworth Avenue Recommended action: Adopt resolution. 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 frve minutes maximum for closing statements. Items requested for continuance are subject to Council's approval at the Council meeting Resolution Ordering Abatement of a Public Nuisance by Removal of Hazardous Brush Recommended action: Adopt resolution. 4. Zoning Ordinance Amendment -Requirements for Basements Recommended action: Conduct public hearing; introduce ordinance; place on next agenda for adoption. 5. Zoning Ordinance Amendment -Single Story Overlay Recommended action: Conduct public hearing; introduce ordinance; place on next agenda for adoption. 6. Ordinance Establishing the Manner in Which Membership Terms on City Commissions are Staggered Recommended action: Conduct public hearing; introduce ordinance; place on next agenda for adoption. OLD BUSINESS 7. Azule Park -Consideration of Knollwood Court Pedestrian Access Recommended action: Approve inclusion or exclusion of pedestrian access. Sazatoga Library Project Update Recommended action: Informational only. 9. Potential Uses of the Grace United Methodist Church Recommended action: Review site use options and direct staff accordingly. 10. Approval of Purchase and Appropriation of Funds -Grace United Methodist Church Recommended action: Approve purchase and appropriation of funds. 11. Village Green Neighborhood Association - NTMP Recommended action: Accept report and direct staff accordingly. 12. Valley Transportation Authority (VTA) Operator's Facility at the West Valley College Transit Center Recommended action: Accept report and direct staff accordingly. 13. Additional Services for Saratoga Library Project Recommended action: Authorize additional charges and expenditures. 14. AS400 System Upgrade Recommended action: Authorize purchase. 4 15. Schedule of Fees - FY 2002-2003 Recommended action: Adopt resolution. 16. Designation of Voting Delegate for League of California Cities Annual Conference Recommended action: Select a member of the City Council to be the voting delegate. 17. Appointment of Building Appeals Board Members Recommended action: Appoint members to the City Building Appeals Board. AGENCY ASSIGNMENT REPORTS A enc Councilmember Alternate Association of Bay Area Government Bogosian Mehaffey Chamber of Commerce Streit Mehaffey County Cities Association Leg. Task Force Bogosian Waltonsmith County HCD Policy Committee Mehaffey Baker Emergency Planning Council Baker Waltonsmith Hakone Foundation Liaison Streit/Baker N/A KSAR Community Access TV Board Mehaffey Baker Library Joint Powers Association Bogosian Waltonsmith Northern Central Flood Control Zone Advisory Brd. Waltonsmith Bogosian Peninsula Division, League of California Cities Streit Baker Santa Clara County Valley Water Commission Mehaffey Bogosian Santa Clara County Cities Association Streit Baker SASCC Liaison Waltonsmith Bogosian SBDC Mehaffey Streit Sister City Liaison Waltonsmith Mehaffey. West Valley Solid Waste JPA Baker Mehaffey Valley Transportation Authority PAC Waltonsmith Streit West Valley Sanitation District Baker Bogosian Silicon Valley Animal Control TPA Bogosian Waltonsmith Saratoga Historical Foundation Waltonsmith Policy Advisory Board Waltonsmith CITY COUNCIL ITEMS OTHER CITY MANAGER'S REPORT ADJOURNMENT L~ In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this meeting, please contact the City Clerk at (408J 868-126y. Notification 98 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting (28 CFR 35.102-35.104 ADA Title Ilj ?r./:1'' 8/7 8/21 9/4 9/18 10/2 10/16 11/6 11 /20 12/4 12/10 12/18 CITY OF SARATOGA CITY COUNCIL MEETING CALENDAR 2002 Regular Meeting -City Manager Evaluation Summer Recess - No meeting Regulaz Meeting Regulaz Meeting Regulaz Meeting Regulaz Meeting Regulaz Meeting Regulaz Meeting Regular Meeting Adjourned Meeting -Council Reorganization Regulaz Meeting *'~Please note that all meeting 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. 1 SARATOGA CITY COUNCIL MEETING DATE: July 17, 2002 AGENDA ITEM: PREPARED BY: ~. - DEPT HEAD: ORIGINATING DEPT: City Manager CITY MANAGER: ~~L%~1 SUBJECT: City Council Minutes RECOMMENDED ACTION: Approve minutes. REPORT SUMMARY: Approve minutes as submitted for the following City Council Meeting: Regular meeting -May 1, 2002 FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: Retain minutes for legislative history. ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: Attachment A -Minutes May 1, 2002 2A MINUTES SARATOGA CITY COUNCIL MAY 1, 2002 The City Council of the City of Saratoga met in Closed Session, Administrative Conference Room. 13777 Fruitvale Avenue at 6:00 p.m. Conference With Legal Counsel -Existing Litigation (1 case): (Government Code section 54956.9(a)) Name of case: Sazatoga Fire Protection District v. City of Saratoga (Santa Clara County Superior Court No. CV-803540) Conference With Real Property Negotiators (Section 5496.8): Property: 19848 Prospect Road Agency negotiator: Dave Anderson, City Manager Negotiating parties: Grace Methodist Church Under negotiation: Instructions to negotiate regarding price and terms for purchase of real property. Initiation of litigation (Gov't Code Section 54956.9(c): (1 potential case) MAYOR'S REPORT ON CLOSED SESSION - 7:00 p.m. Mayor Streit reported there was Council discussion but no action was taken. Mayor Streit called the Regular City Council meeting to order at 7:00 p.m. and requested Jonathan Wittwer, City Attorney, to lead the Pledge of Allegiance. ROLL CALL PRESENT: Councilmembers Stan Bogosian, John Mehaffey, Ann Waltonsmith, Vice Mayor Evan Baker, Mayor Nick Streit ABSENT: None ALSO PRESENT: Dave Anderson, City Manager Lorie Tinfow, Assistant City Manager Richazd Taylor, City Attorney Cathleen Boyer, City Clerk Jesse Baloca, Administrative Services Director John Cherbone, Director of Public Works Tom Sullivan, Community Development Director Joan Pisani, Recreation Director REPORT OF CITY CLERK ON POSTING OF AGENDA FORM MAY 1, 2002 Cathleen Boyer, City Clerk, reported that pursuant to Government Code Section 54954.2, the agenda for the meeting of May 1, 2002 was properly posted on Apri126, 2002. Mayor Streit requested that the council add an emergency item to tonight's agenda in regards to AB 3046. BAKER/BOGOSIAN MOVED TO ADD AN EMERGENCY ITEM TO THE AGENDA. MOTION PASSED 5-0. COMMUNICATIONS FROM COMMISSIONS & PUBLIC ORAL COMMUNICATIONS No one requested to speak at tonight's meeting COMMUNICATIONS FROM BOARDS AND COMMISSIONS None WRITTEN COMMUNICATIONS None COUNCIL DIRECTION TO STAFF None None CEREMONIAL ITEMS lA. RESOLUTION COMMENDING HUGH HEXAMER -OUTGOING PUBLIC SAFETY COMMISSIONER STAFF RECOMMENDATION: Present commendation. Mayor Streit read the proclamation and presented it to Mr. Hugh Hexamer. 1B. RESOLUTION COMMENDING KEN BIESTER -OUTGOING PUBLIC SAFETY COMMISSIONER STAFF RECOMMENDATION: Present commendation. Mayor Streit read the proclamation and presented it to Mr. Ken Biester. 1C. PROCLAMATION DECLARING THE WEEK OF MAY 5-11, 2002 `BE KIND TO ANIMALS WEEK STAFF RECOMMENDATION: Read proclamation. City Council Minutes 2 May 1, 2002 Mayor Streit read the proclamation and presented to Debra Briggs, Director/SVACA Councilmember Bogosian stated a few words regarding the new Silicon Valley Animal Control Agency and noted that the City of Saratoga is the lead agency investigating animal cmelty. CONSENT CALENDAR 2A. CITY COUNCIL MINUTES -REGULAR MEETING APRIL 3, 2002 STAFF RECOMMENDATION: Approve minutes. Councilmember Waltonsmith requested that Item 2A be pulled from the Consent Calendar. Councilmember Waltonsmith requested the following be added to her comment on page 7, first paragraph, "Councilmember Waltonsmith noted that she is apprehensive of approving the alternatives without asking the property owners mtd suggested that the City keep the lights on during the darkest months of the year." WALTONSMITH/MEHAFFEY MOVED TO APPROVE CITY COUNCIL MINUTES OF APRIL 3, 2002. MOTION PASSED 5-0. 2B. REVIEW OF CHECK REGISTER STAFF RECOMMENDATION: Approve check register. WALTONSMITH/MEHAFFEYMQVED TO APPROVE CHECK REGISTER. MOTION PASSED 5-0. 2C. REVIEW PLANNING COMMISSION ACTION MINUTES -APRIL 24, 2002 STAFF RECOMMENDATION: Note and file. WALTONSMITH/MEHAFFEY MOVED TO APPROVE CHECK REGISTER. MOTION PASSED 5-0. 2D. RENEWAL OF LAW ENFORCEMENT CONTRACT BETWEEN THE COUNTY OF SANTA CLARA AND THE CITY OF SARATOGA STAFF RECOMMENDATION: Authorize City Manager to execute agreement. Vice Mayor Baker requested that Item 2D be pulled from the Consent Calendar. • City Council Minutes 3 May 1, 2002 Vice Mayor Baker asked why the back up data used in the proposed contract was from 1997. City Manager Anderson stated that the data provided gives base year costs for 1997-2001. Vice Mayor Baker stated without the most current information the Council cannot do a comparison on what the City of Saratoga is paying compared to the other cities. Paula Reeve, Administrative Analyst, responded that the County has asked that the Council move forward with approval so they could get it through their Board by June 2002. Vice Mayor Baker noted he would not support this contract without the most current data. Councilmember Mehaffey concurred with Vice Mayor Baker. BAKER/MEHAFFEY MOVED TO CONTINUE THIS ITEM WHEN CURRENT INFORMATION IS OBTAINED AND WRITE A LETTER OF INTENT TO CONTINUE NEGOTIATIONS AND SERVICE TO THE CITY OF SARATOGA. MOTION PASSES 5-0. 2E. AUTHORIZATION TO PURCHASE PORTABLE SKATE PARK STAFF RECOMMENDATION: Adopt resolution and authorize purchase. TITLE OF RESOLUTION: 02-030 RESOLUTION OF THE CITY COUNCIL AUTHORIZING A BUDGET AMENDMENT OF $20,685 TO PURCHASE PORTABLE SKATE PARK EQUIPMENT WALTONSMITH/MEHAFFEY MOVED TO AUTHORIZE PURCHASE OF SKATE PARK. MOTION PASSED 5-0. 2F. RESOLUTION IN SUPPORT OF AB 954 STAFF RECOMMENDATION: Adopt resolution TITLE OF RESOLUTION: 02-034 RESOLUTION OF THE CITY COUNCIL WALTONSMITH/MEHAFFEY MOVED TO ADOPT RESOLUTION IN SUPPORT OF AB 954. MOTION PASSED 5-0. City Council Minutes 4 May 1, 2002 2G. AUTHORIZATION TO JOIN AMICUS BRIEF GARDNER V. COUNTY OF SONOMA STAFF RECOMMENDATION: Authorize the City to join amicus brief. WALTONSMITH/MEHAFFEY MOVED TO AUTHORIZE PARTICIPATION IN AMICUS BRIEF. MOTION PASSED 5-0. OLD BUSINESS 5. SARATOGA LIBRARY BUDGET UPDATE STAFF RECOMMENDATION: Informational only. Lorie Tinfow, Assistant City Manager, presented staff report. Assistant City Manager Tinfow reported that due to an error on the agenda her report would be informational only and requested that Council take action at the Adjourned Meeting on May 7, 2002. Assistant City Manager Tinfow reported that Phase II of library construction has been underway since February 11, 2002. In regards to the budget, the project remains at $14,127,934 for all contracts and known costs, and includes the $99,000 for energy alternatives. Assistant City Manager Tinfow noted that construction remains on schedule and should be completed by February 28, 2003. Assistant City Manager Tinfow explained that Sacred Heart School initiated construction of new school facilities in December 2001. In January, their contractor, Blach Construction, contacted the City to discuss the impacts of their construction on the operation of the temporary library. The project includes moving all aboveground utilities into underground conduit. Staff requested a bid from the work from Blach in January; a response was received in April for total cost estimates of $12,500 for trenching and an extra $7,722.68 to Pacific Bell. The total cost would be $20,500.00. Assistant City Manager Tinfow explained a related issue is the change out of existing toilets for more powerful versions at a cost of $1, 750.00, in which Library staff would reimburse the City. Councilmember Bogosian asked when the City signed the lease with Sacred Heart Church did it include a provision for access to utilities. Assistant City Manager Tinfow responded that the lease provided access, but the City is required to pay for all of the connection fees. Councilmember Bogosian asked if the City knew in advance that under grounding was going to be required. City Council Minutes 5 May 1, 2002 Assistant City Manager Tinfow responded that the City was not aware of the under grounding, otherwise the City would have made other choices. Councilmember Mehaffey noted that this is a temporary library and asked if the City could erect a single pole at the nearest access point and remove it when the temporary library is gone. Assistant City Manager Tinfow explained that given where the new building is going to go, there is no direct path for the lines. The Church does not want to even consider any utility poles, even temporarily. In regards to the lease agreement, Assistant City Manager Tinfow explained that she consulted with City Attorney Taylor and he responded that the City may have some standing to azgue that the City is not financially responsible for the under grounding. City Attomey Taylor stated that if the City refuses to pay for the work it would slow the Church down and may cause some contentiousness between them and the City. Councilmember Bogosian stated that he does not support spending $20,000 on utility under grounding. Councilmember Bogosian noted that the Church has not provided the City any compelling reasons why we cannot erect a single pole for ten more months. • Consensus of the City Council to direct City staff to try and negotiate the price for the utility under grounding. PUBLIC HEARINGS 3. ZONING ORDINANCE AMENDMENT- REAR YARD SETBACKS STAFF RECOMMENDATION: Open public hearing; close public hearing; introduce ordinance. Director Sullivan noted that the purpose of considering the adoption of an amendment to the Zoning regulations is to ensure that the practice and the language of the Zoning Ordinance are one in the same. Director Sullivan explained that a Planning Commissioner realized that current Planning Staff was addressing rear yard setbacks in the same fashion as previous staff. The Commission discussed the language of the Ordinance and the practice and directed Staff to advertise a Public hearing to consider amending the Zoning Ordinance to reflect the long held method to determining required rear yard setbacks for multi-story dwellings. • City Council Minutes (> May 1, 2002 Director Sullivan explained that Staff has been told that in the past, the setback requirements and the design guidelines used to reduce or minimize the perception of bulk found in the Residential Design Handbook have been melted into a requirement that the second story be at the Multi-Story setback while allowing the first floor to be at the Single-Story setback. The language of the Zoning Ordinance does not support such interpretation. Director Sullivan stated that this was an example of the "practice" of the Deparhnent not matching the provisions of the Zoning Ordinance. Director Sullivan noted that the purpose of considering the adoption of an amendment to the Zoning regulations is to ensure that the practice and the language of the Zoning Ordinance are one in the same. Director Sullivan noted that the Planning Commission held two public hearings on this matter and adopted a resolution to recommend the proposal to the City Council. Mayor Streit opened the public hearing at 7:42 p.m. Mayor Streit Closed the public hearing at 7:43 p.m. WALTONSMITH/MEHAFFEY MOVED TO INTRODUCE ORDINANCE AMENDING REAR YARD SETBACKS AND DIRECT STAFF TO RETURN FOR SECOND READING AND ADOPTION. MOTION PASSED 5-0. OLD BUSINESS 4. MR. LEE/THE INN AT SARATOGA-REQUEST TO EXCHANGE 17 PARKING SPACES WITH THE CITY OF SARATOGA STAFF RECOMMENDATION: Accept report and direct staff accordingly. Tom Sullivan, Community Development Director, presented staff report. Director Sullivan reminded Council that they first heard this request on December 1, 2001. At that meeting, Council wanted the business and property owners with Parking District #1 noticed of the matter in order to gain their point of view. The City's Economic Development Coordinator has discussed the matter with the business owners and Planning staff has sent written notice to the property owners. Director Sullivan reminded Council that Mr. Lee approached City staff last year requesting that he and the City trade 17 parking spaces. The parking lot for The Innis contiguous to the City's parking lot near Saratoga Creek and Wildwood Park. Mr. Lee has indicated that the general public uses his parking because it is closer to Wildwood Park. City Council Minutes '7 May 1, 2002 Director Sullivan explained that the City and Mr. Lee could exchange easements, which would allow each party to obtain more control of how the underlying land is used. To move forward with the trade an appraisal is not required. If the use of the transferred parcel is limited to use for parking, it seems that the values would be comparable. Kwan Lee, Owner/The Inn of Saratoga, noted that he has been the owner for nine years and the parking problems have gotten worse over the last couple of years. Mr. Lee explained that the public parks in his spaces, which inconveniences his guests. Mr. Lee noted that he is proposing this parking lot swap partly because of the coffee shop patrons. Mr. Lee noted that sometimes the coffee shop is opened until 11:00 p.m. Mr. Lee noted the reconfiguration of the parking spaces would also help the future development of the barn that is adjacent to the hotel. Mr. Lee noted that this proposal is good for the public because people could park closer to Wildwood Park. Vice Mayor Baker asked Mr. Lee if he was aware of all of the parking spaces that came with the property when he purchased the property in 1993. Mr. Lee responded yes. Mr. Lee added that during the day he can accommodate • other people using his spaces, but the real problem is at night. Councilmember Mehaffey requested the City's Traffic Engineer visit the site and look at the adequacy of the spaces and compare the square footage. Councilmember Mehaffey asked if the City's Economic Development Coordinator met with the operator of the coffee shop. Director Sullivan explained that yesterday Coordinator Surdin waited an hour for the operator of the Blue Rock Shoot, but he never showed up. Consensus of the City Council to investigate the Council's concerns with the usability of the design, easements concerning the barn, and property owners' opinion. DISPOSITION OF EXISTING NON-ORCHARD TREES IN THE HERITAGE ORCHARD STAFF RECOMMENDATION: Accept report and direct staff accordingly. John Livingstone, Assistant Planner, presented staff report. City Council Minutes g May 1, 2002 Planner Livingstone reminded Council that at the City Council meeting of Apri13, 2002 Councilmember Bogosian requested that the City Council reconsider its prior approval of bids to remove or replant non-orchazd trees from the Heritage Orchard. Planner Livingstone presented a brief background on the issue. Councilmember Waltonsmith stated that the City is saving all of the trees in the creek. Planner Livingstone stated that only the trees that have an orange "X" on them would be removed. Vice Mayor Baker noted that the Council received a letter from the Novakovich family asking why the City was cutting down the trees. Vice Mayor Baker noted that it is his understanding that it is not uncommon to have non-orchazd trees in an orchard. Councilmember Waltonsmith noted that after the Heritage Preservation Commission voted on the removal of the trees she and City Manger Anderson walked the orchard with Matt Novakovich and it wasn't until after his bid for the tree removal was rejected that he protested about the removal of the trees. In light of the new information Council has received, Councihnember Bogosian • explained that raptors use the trees for habitat. Councilmember Bogosian noted that he is not willing to remove any of the trees except for the dead fir trees. Councilmember Bogosian noted that this orchazd was never intended to be an economically viable orchard. Councilmember Mehaffey noted he supports keeping the two trees along the creek. Jim Stallman, 19740 Braemar Drive, noted that a red tail hawk usually sits high in the fir trees. Mr. Stallman noted that hawks like dead trees. Jill Hunter, 20606 Lomita Avenue, noted that she has heard from many residents who are upset with the removal of the oak trees in the Heritage Orchard. In regazds to the red tail hawk, Ms. Hunter noted that she agrees with the comments made by Mr. Stallman. Ms. Hunter requested that the City Council reconsider their decision to remove the oak trees. In regards to the small oaks along Saratoga Avenue, Ms. Hunter noted that she remembers when residents planted them with the hope of a canopy growing over Saratoga Avenue in a few years. Ms. Hunter noted that her concern is that if the Council allows the oak trees to be cut down it would sent the wrong message to residents. Mayor Streit noted that his concem is the legacy of the orchard. Mayor Streit noted that this Council made a commitment to replant the orchard with the hope of someday taming it into a working orchard with the hope of putting up a barn and starting an educational program. Mayor Streit noted that the oak trees take away from the look of a real orchard. Ciry Council Minutes 9 May 1, 2002 Councilmember Bogosian noted that ultimately the fir trees might have to come down for a barn, but all of the oak trees should stay. Councilmember Mehaffey noted that he could support either alternative. Councilmember Mehaffey noted that he feels that there has not been any compelling reason presented tonight to convince him to support the removal of all the oak trees. Councilmember Mehaffey suggested that this item go back to staff and the Heritage Preservation Committee and come back to council with a solid recommendation. Councilmember Waltonsmith noted that if the oak trees are left in the orchard the surrounding fruit trees would die. Vice Mayor Baker noted that he feels Council had bad information regarding the oak trees. Vice Mayor Baker noted that at one time the Heritage Orchard was a working orchard with the existing oak trees. Vice Mayor Baker stated that he supports keeping all of the oak trees. Councilmember Waltonsmith noted that in keeping the oak trees the City would lose the orchard. Councilmember Mehaffey noted that before he makes a decision regarding the fir trees he would like more infonmation on raptor habitats. Mayor Streit noted that he supports taking out the fir trees and remove all but three of the oak trees as per the request of the Novakovich family. Councilmember Bogosian noted that he originally voted to remove all of the oak trees, but since he received new information regarding the oaks he now supports keeping all of them. Councilmember Bogosian noted that he is not willing to compromise and does not support the removal of the oak trees. Councilmember Bogosian noted that any compromise would be wrong and only done for political reasons. A consensus of the City Council could not be reached. Staff was directed to set up a site visit in the orchard with the City Council, Matt Novakovich, a member from the Heritage Preservation Committee and the Parks and Recreation Commission, an arborist, and an ecologist to provide a report on raptor habitats. Mayor Streit declared afive-minute recess at 9:00 p.m. . Mayor Streit reconvened the meeting at 9:05 p.m. Mayor Streit noted that due to illness, Councilmember Mehaffey excused himself from the meeting. City Council Minutes 10 May 1, 2002 7. SINGLE STORY OVERLAY FOR BROOKVIEW AND SARATOGA WOODS NEIGHBORHOODS STAFF RECOMMENDATION: Accept report and direct staff accordingly. Tom Sullivan, Community Development Director, presented staff report. Director Sullivan noted that the Planning Commission's action minutes indicated that staff had been instructed to not only prepare the draft ordinance and advertise for a Public hearing, but to also re-poll the property owners who had not previously responded. For this reason, Councihnember Bogosian and Mayor Streit requested that this item be placed on the agenda for discussion. Director Sullivan noted that the Planning Commission separated the two neighborhoods and will continue with the public hearings separately. Saratoga Woods had the higher number in favor of the single story overlay. Mayor Streit noted that he wants to make sure that all of the property owners understand the proposed ordinance and have the opportunity to participate in the public hearing process. Mayor Streit noted that this ordinance would have a major impact on every household. • Vice Mayor Baker noted that 67% total responses were received from both neighborhoods. Vice Mayor Baker noted that to go back and re-poll the property owners that did not vote would be "vote tampering". Councilmember Bogosian noted that the Planning Commission should have brought their recommendations back to the Council. Consensus of the City Council to move forward with the public hearing process and direct the Planning Commission not to re-poll anyone. NEW BUSINESS FISCAL YEARS 2002/03 AND 2003/04 DRAFT BUDGET PRESENTATION STAFF RECOMMENDATION: Accept draft budget for Fiscal Years 2002/03 and 2003/04, and begin budget study sessions. Jesse Baloca, Administrative Services Director, presented staff report. City Council Minutes 11 May 1, 2002 Director Baloca stated that the conditions in Saratoga in FY 2001-02 were effected by the following: • Economic slowdown & September 11, 2002 • Revenues • Dedication of large revenues • Spending • Fund Balance monitoring Director Baloca explained the 2001-02 Adjusted Beginning Fund Balance: Fund Actual Estimate General 12,074,7987 10,425,256 Special Revenues 4,870,004 3,932,283 Capital 15,997,045 15,012,964 Debt Service 16,283 Trust & Agency 340,221 961,222 Totals 33,329,351 30,331,725 Director Baloca explained other impacts: • $13 million to CIP • Congress Springs Park Improvements • Pavement management Program • Increased Traffic Patrols • Operating Transfers Director Baloca noted that for the Fiscal Year 2002-03 the Fund Balance/Reserves in the General Fund total $6.729 million. Other fund balances are as follows: Streets and Roads Fund - $2,010,000 Development Services Fund - $1,088,955 Environmental programs Fund - $365,771 Library Expansion Fund - 0 Other Funds - $2,055,832 Total Reserves Non-General Fund - $5,520,558 Director Baloca explained that in FY 2002-03 there would be no increase to staff full-time equivalency (FTE's) with a total of 61.75 employees. Also, Director Baloca explained that there would be two reclassifications Office Specialist to Secretary to City Manager and Recreation Supervisor to Senior Recreation Supervisor. Director Baloca noted that capital equipment has been reduced by 54%. Director Baloca noted that for the first time in many years the City has a balanced General Fund. L~ Director Baloca explained that to budget a full year of staff he used a maximum anniversary increase of 8%, 4% Memorandum of Understanding and 25% increase in PERS medical by contract. City Council Minutes 12 May 1, 2002 Vice Mayor Baker noted that he is not comfortable with the increase in salaries in the various departments; some up to 30% increase. Mayor Streit stated that last year the budget for salaries was lower because a lot of the departments were not fully staffed. Councilmember Bogosian noted that he shares Vice Mayor Baker's concerns; this increase creates the wrong perception. Director Baloca briefly explained significant program changes such as: General Government: • City Commission -add Arts Commission and increases expenses • City Clerk - FY 2002 election costs • Equipment purchases - 70% reduction in capital • Financial management - GASB 34 continuation • Facilities -fire alarm system • MIS -capital reduction and in house web server hosting Public Safety: • Request for additional crossing guard at Oak and Highway 9 Public Works: • Establish 5-year CIP and remove all CIP from operating budget • Reduce pavement management to one year Develoument Services: • Update of Land Use Element to the General Plan and plan checks conducted in house Recreation: • Skate board park temporary staff • Eliminate weekend ski trips Director Baloca briefly explained some future items: • Cost of animal control facility • Vehicle License Fee (VLF) backfill A discussion took place amongst the Council regarding the VLF funds. Director Baloca noted that staff would take Council's comments and revise the budget and return on May 15, 2002 for a second budget workshop and conduct the public hearing on June 5, 2002 for adoption. City Council Minutes 13 May 1, 2002 9. SOUND WALL/ FENCE GUIDELINES -REFERRAL TO PLANNING COMMISSION STAFF RECOMMENDATION: Adopt resolution. TITLE OF RESOLUTION: 02-033 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA INITIATING PROCEEDINGS TO AMEND THE ZONING CODE OF THE CITY OF SARATOGA Tom Sullivan, Community Development Director, presented staff report. Director Sullivan explained that to ensure that future sound walls mandated by the City Code are also reviewed and conditioned to mitigate visual impacts, Article 15-29.010 (3) (h) would need to be amended into the General Regulations portion of the Commercial Specific Zoning Ordinance provisions. MOVED TO ADOPT RESOLUTION INITIATING THE PROCEEDINGS TO AMEND THE ZONING ORDINANCE. MOTION PASSED 4-0-0-1 WITH MEHAFFEY ABSENT. 10. PROPOSAL FOR IMPLEMENTATION OF A CHEMICAL MARKER SYSTEM TO TRACE SOURCES OF STORM DRAIN POLLUTANTS STAFF RECOMMENDATION: Approve proposal and authorize execution of contract. John Cherbone, Public Works Director, presented staff report. Director Cherbone reported that as part of the continuous effort of the City to keep local creeks clean, City staff periodically collects samples from storm drains and creek. Test results collected along Saratoga-Sunnyvale Road revealed high level of bacteria. The type of bacteria indicates the highest possible source of contamination is the sanitary sewer system. One or several flow paths may exist between the tow systems causing storm water and ultimately creek water pollution. Director Cherbone explained that to identify whether a direct flow path exists from sanitary sewer to storm drains, a chemical marker method would be utilized. Director Cherbone noted that staff prepared a Request for Proposals to provide professional services for implementation of a chemical marker system. This request was distributed to 27 environmental engineering companies. Only two responded. After careful consideration and comparison of submitted statements of qualifications Bioanalytical Laboratory Inc. has been selected as the most suitable consultant. City Council Minutes 1Q May 1, 2002 Councilmember Bogosii noted that this effort is not part of the Saratoga Creek Settlement Agreement; the City is doing this on a volunteer basis. Vice Mayor Baker asked if Bioanalytical Laboratory has any success factor with any customer. Director Cherbone responded no they have no success factor with any one. Vice Mayor Baker suggested that staff contact the owner and try and negotiate the price down to help them collect the data they need to mazket their product. BAKER/WALTONSMITH MOVED TO APPROVE THE PROPOSAL AND AUTHORIZE THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH BIOANALYTICAL LABORATORIES INC. MOTION PASSED 4-0- 0-1 WITH MEHAFFEY ABSENT. URGENCY ITEM 11. AB 3046 Dave Anderson, City Manager, presented staff report. City Manager Anderson explained that the League of California Cities have requested support opposing this bill. City Manager Anderson explained that this bill would delete the provision of the education code in regards to those facilities that can be declared noneducational facilities and substitute wording expanding educational facilities. BAKER/BOGOSIAN MOVED TO AUTHORIZE THE MAYOR TO SEND A LETTER OPPOSING AB 3046. MOTION PASSED 4-0-0-1 WITH MEHAFFEY ABSENT. AGENCY ASSIGNMENT REPORTS Councilmember Bogosian reported the following information: Silicon Valley Animal Control JPA -Approximately $520,000 is the City of Saratoga portion. Looking at options on how is the City of Sazatoga going to pay our share by July 2003. Vice Mayor Baker reported the following information: West Valley Solid Waste JPA - In regazds to recycling household batteries Green Valley insists that the start up fee of $20,000 was not included in the proposal. CITY COUNCIL ITEMS Councilmember Bogosian requested that the Chamber of Commerce agreement negotiations be agendized for further direction to Council Sub-Committee. Vice Mayor baker noted that he supports Councilmember Bogosian's request. City Council Minutes 15 May 1, 2002 Councilmember Waltonsmith asked about the ball machine that was stolen from Congress Springs Park. OTHER None CITY MANAGER'S REPORT None ADJOURNMENT There be no further business Mayor Streit adjourned the meeting at 10:35 p.m. Respectfully submitted, Cathleen Boyer, CMC City Clerk ~J City Council Minutes 1f May 1, 2002 SARATOGA CITY COUNCIL MEETING DATE: July 17, 2002 AGENDA ITEM: ~~ . ~ ~--~~~ ORIGINATING DEPT;.City Manager CITY MANAGER: PREPARED BY: DEPT HEAD: SUBJECT: City Cautreil`Mimrtes - --- - ACTION: Approve minutes. REPORT SUMMARY: Approve minutes as submitted for the following City Council Meeting: Regular meeting -June 5, 2002 FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: Retain minutes for legislative history. ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: Attachment A -Minutes June 5, 2002 MINUTES SARATOGA CITY COUNCIL JUNE 5, 2002 The City Council of the City of Saratoga met in Open Session in the Administrative Conference Room at 5:15 p.m. to interview applicants for the Heritage Preservation Commission. The City Council of the City of Saratoga met in Closed Session, Administrative Conference Room, 13777 Fruitvale Avenue at 6:00 p.m. Conference With Legal Counsel -Existing Litigation (2 cases): (Government Code section 54956.9(a)) Name of case: Saratoga Fire Protection District v. City of Saratoga (Santa Clara County Superior Court No. CV-803540) Conference With Legal Counsel -Existing Litigation: (Government Code section 54956.9(a)) City of Saratoga v. West Valley-Mission Community College District (California Court of Appeal, Sixth Appellate District No. H022365) Initiation of litigation (Gov't Code Section 54956.9(c): (1 potential case) MAYOR'S REPORT ON CLOSED SESSION - 7:00 p.m. Mayor Streit reported there was Council discussion but no action was taken. Mayor Streit called the Regular City Council meeting to order at 7:00 p.m. and requested Evan Baker, Vice Mayor, to lead the Pledge of Allegiance. ROLL CALL PRESENT: Councilmembers Stan Bogosian, Ann Waltonsmith Vice Mayor Evan Baker, Mayor Nick Streit ABSENT: Councilmember John Mehaffey ALSO PRESENT: Dave Anderson, City Manager Lorie Tinfow, Assistant City Manager Richard Taylor, City Attorney Cathleen Boyer, City Clerk Jesse Baloca; Administrative Services Director John Cherbone, Director of Public Works Tom Sullivan, Community Development Director Joan Pisani, Recreation Director REPORT OF CITY CLERK ON POSTING OF AGENDA FORM JUNE 5, 2002 L._J Cathleen Boyer, City Clerk, reported that pursuant to Government Code Section 54954.2, the agenda for the meeting of June 5, 2002 was properly posted on May 31, 2002. COMMUNICATIONS FROM COMMISSIONS & PUBLIC ORAL COMMUNICATIONS The following person requested to speak at tonight's meeting: Bill Breck, 20375 Saratoga-Los Gatos Road, reported that Mr. Cutler has reported more code violations to his home, threatened to destroy trees, and threatened six neighbors. Mr. Breck noted that Mr. Cutler also has a nonconforming barn and has encroached on ingress and egress easements. Mr. Breck requested that the City Council shut down Mr. Cutler's project and the requested that the City get a court injunction to protect the trees. COMMUNICATIONS FROM BOARDS AND COMMISSIONS None WRITTEN COMMUNICATIONS None COUNCIL DIRECTION TO STAFF Vice Mayor Baker asked what instruction from the City has been given at the construction site. Tom Sullivan, Community Development Director, reported that there are two active permits on the site. The first is for a wall, that permit has been subject to stop work for several months. The guesthouse, what Mr. Breck refers to as the "barn", is the other permit. The plan indicates that the height is supposed to be 23 feet 6 inches. Director Sullivan explained that in regards to the various complaints filed with the Community Development Department, staff has separated the valid ones from the complaints with no validity, sent letters to the complainants, and staff will continue to investigate several complaints. Director Sullivan noted that he would continue to keep the Council informed via the weekly newsletter. Vice Mayor Baker asked Director Sullivan if the City shut down the entire project. Director Sullivan stated that stopping the project may gain Mr. Cutler's attention, but at the same time it might push him over the edge to follow through with his threats. Vice Mayor Baker asked if Mr. Cutler has been following the City code. Director Sullivan noted that the permit for the cement wall should never have been issued because Mr. Cutler did not show the canopy of the trees. Mayor Streit requested that Director Sullivan indicate to Council when he wants the Council to step in and take over. Director Sullivan noted that he has offered the principal players to participate in mediation, but everyone has refused to participate. City Council Minutes 2 June 5, 2002 ANNOUNCEMENTS None CEREMONIAL ITEMS lA. COMMENDATION FOR JAMES ATKIN, ABHIK PRAMANICK, RAMI EL-DIWANY, CHRISTINA SIADAT, DARRELL WU STAFF RECOMMENDATION: Present proclamation. Cathleen Boyer, City Clerk, read the commendations and Mayor Streit presented them to the outgoing Youth Commissioners. 1B. APPOINTMENT AND OATH OF OFFICE FOR THE YOUTH COMMISSION STAFF RECOMMENDATION: Adopt resolution and administer Oath of Office. BAKER/BOGOSIAN MOVED TO ADOPT RESOLUTION APPOINTING EIGHT YOUTH COMMISSION MEMBERS. MOTION PASSED 4-0-0-1 WITH MEHAFFEY ABSENT. Cathleen Boyer, City Clerk, administered the Oath of Office to the following new Youth Commissioners: Conner Skelly, Kelly Burke, Ted Sclavos, Shruti Jayakumaz, Deborah Wu, Tami Maltiel, Joanna Lee, James Ballingall PUBLIC HEARINGS 3. APPROVAL OF ENGINEER'S REPORT AND CONFIRMATION OF ASSESSMENTS FOR FY 2002-03 LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT LLA-1 STAFF RECOMMENDATION: Adopt resolution ordering the improvements and confirming the diagram and assessments for FY 2002-2003. TITLE OF RESOLUTION: 02-037 RESOLUTION ORDERING THE IMPROVEMENTS AND CONFIRMING THE DIAGRAM AND ASSESSMENT City Council Minutes 3 June 5, 2002 John Cherbone, Public Works Director, reported that this was the final hearing for FY 2002-03 Lighting and Landscaping Assessments. The attached resolution completes the renewal of the Landscaping and Lighting Assessment District LLA- 1 for FY 02-03. Once adopted, the resolution approves the Engineer's Report and confirms the assessments for the upcoming fiscal year. Mayor Streit opened the public hearing at 7:34 p.m. Mayor Streit closed the public hearing at 7:35 p.m. BOGOSIANBAKER MOVED TO ADOPT RESOLUTION ORDERING THE IMPROVEMENTS AND CONFIRMING THE DIAGRAM AND ASSESSMENTS FOR FY 2002-03. MOTION PASSED 4-0-0-1 WITH MEHAFFEY ABSENT. 4. ZONING ORDINANCE AMENDMENT PERMITTING SMALL WIND ENERGY SYSTEMS STAFF RECOMMENDATION: Conduct public hearing and adopt ordinance. Ann Welsh, Assistant Planner, presented staff report. Planner Welsh noted that staff recommends adoption of the ordinance permitting Small Wind Energy Systems in order to comply with the State mandate regarding Assembly Bill 1207 which was intended to ensure that municipalities enact zoning measures which allow windmills for on-site home, farm, or small commercial use. Planner Welsh noted that Assembly Bill 1207 was enacted on October 5, 2001 in response to the energy shortage. The Bill is intended to ensure that municipalities enact zoning measures, which provide for small wind energy systems. Planner Welsh noted that in order to encourage municipalities to adopt their own ordinance within the State guidelines the State has adopted a program whereby the State regulations become effective July 1, 2002 if the City fails to enact an ordinance addressing the use. Councilmember Bogosian asked how the setbacks were determined in the proposed ordinance. Planner Welsh explained that if city does not let the default go into effect and adopts their own ordinance, the state would allow setbacks to be equal to the height of the windmill. Mayor Streit opened the public hearing at 7:39 p.m. Mayor Streit closed the public hearing at 7:40 p.m. City Council Minutes 4 June 5, 2002 BOGOSIAN/BAKER MOVED TO WAIVE FIRST READING OF THE y ZONING ORDINANCE AMENDMENT PERMITTING SMALL WIND ENERGY SYSTEMS AND PLACE ON THE CONSENT CALENDAR FOR JUNE 19.2002. MOTION PASSED 4-0-0-1 WITH MEHAFFEY ABSENT. $. GENERAL PLAN LAND USE MAP AMENDMENT FROM QUASI PUBLIC FACILITIES TO PUBLIC FACILITIES -19848 PROSPECT ROAD STAFF RECOMMENDATION: Conduct public hearing and adopt resolution. TITLE OF RESOLUTION: 02-038 Tom Sullivan, Community Development Department, presented staff report. Director Sullivan reported that the City has made an offer to Grace United Methodist Church to purchase their property at 19484 Prospect Road. When a City purchases property, the Planning Commission is required to review the City's General Plan and determine if the subsequent use of the property is consistent with the General Plan. As the current Land Use designation is Quasi-Public Facilities, the planning Commission has recommended that the City Council amend the General Plan Land use designation of 19848 Prospect Road from Quasi-Public Facilities to Public Facilities. Director Sullivan noted that the Planning Commission has also reviewed an Initial Study and has granted a negative Declaration of Enviromnental Impact for the amendment. Mayor Streit opened the public hearing at 7:44 p.m. William Ford, 1990$ Viewridge Drive, stated that his property is contiguous of the southwest corner of the church. Mr. Ford noted that he has two concerns. First, will the City continue to maintain the landscape barrier and secondly, would the City participate in a $0/$0 good neighbor fence program. City Manager Anderson noted that these are issues that would be discussed at a future meeting. Roger Piazza, 19828 Colby Court, noted that he has approximately 230 feet of property adjacent to the church. Mr. Piazza noted that his main concern is the hours of operation of the proposed use. Mayor Streit noted that this City Council has been dedicated to maintaining the chazacter of Sazatoga neighborhoods and would not approve any use that would be disruptive. Councilmember Bogosian noted that the use of the property would be a public property and is going to be a lengthy process. City Council Minutes $ June $, 2002 Margo Johnson, 19845 Viewridge, noted that she also has a contiguous lot line with the church. Mrs. Johnson asked what type of operation is proposed to move into the church. City Manager Anderson responded that the Saratoga Areas Senior Coordinating Council is proposed to move to that site. Mayor Streit closed the public hearing at 7:50 p.m. Mayor Streit noted that all of the surrounding property owners would be kept in the loop of discussions in regards to the property. BAKER/BOGOSIAN MOVED TO ADOPT RESOLUTION TO AMEND THE GENERAL PLAN LAND USE MAP AMENDMENT FROM QUASI-PUBLIC FACILITIES TO PUBLIC FACILITIES - 19848 PROSPECT ROAD. MOTION PASSES 4-0-0-1 WITH MEHAFFEY ABSENT. 6. RESOLUTIONS ADOPTING THE CITY BUDGET FOR FISCAL YEAR 2002-03 STAFF RECOMMENDATION: Conduct public hearing and adopt resolutions. TITLE OF RESOLUTION: 02-039 RESOLUTION ESTABLISHING THE FY 2002-03 APPROPRIATION LIMIT TITLE OF RESOLUTION: 02-040 RESOLUTION ADOPTING THE BUDGET FOR FY 2002-03 MAHING APPROPRIATIONS AND APPROVING THE CITY'S 2002-03 CLASSIFICATION PLAN TITLE OF RESOLUTION: 02-041 RESOLUTION ESTABLISHING A SCHEDULE OF FEES Jesse Baloca, Administrative Services Director, presented staff report. Director Baloca stated that he was presenting a balanced budget. Director Baloca explained the following 2002-03 budget overview: Operating Revenues • General Fund-$8.8 million • Total City-$15.6 million City Council Minutes 6 June 5, 2002 Total Expenditures • • General Fund-$8,183,693 • TotalCity(excludingLibrary)-$15,177,182 • Library-$7,957,470 • Total City-$23,134,652 Fund Balances • General Fund o FY 01-02 $6,669,676 o FY 02-03 $6,800,462 Other Major Fund Balances • Development Services • Environmental Programs • Library Expansion Reserves General Fund-2.303 million Operating Reserves-$1.500 million Economic Uncertainty-$200 million MIS and PERS-$2.791 million Undesignated Reserves-$6.8 million Total-$6.8 million Director Baloca noted that 2002-03 Operating Budget is purely an operating budget except for the library budget. Director Baloca noted that the operating capital has been reduced by 72%. Director Baloca noted that there are no new FTE'S although two proposed reclassifications. Director Baloca noted that Richard Allen of the Finance Commission was present tonight to answer any questions the Council may have. Mayor Streit opened the public hearing at 8:10 p.m. Vice Mayor Baker stated that he was impressed by the Finance Commission's efforts on their review of the budget. In regards to the Commission's last meeting, Vice Mayor Baker noted that the Commissioners had a number of questions that had not been answered in regazds to this proposed budget and wondered if they got the answers they needed to support this budget. Richard Allen, Finance Commission, 13678 Old Tree Way, noted that one of the questions that the Commission spent most of their time was the City's allocations. The Commission thought that there was a disconnect between revenue spending and ending fend balance. Commissioner Allen stated that he spent time with Director Baloca and Chair Swan and now has a better understanding of the issue. City Council Minutes 7 June 5, 2002 Commissioner Allen noted that the other significant issue the Commission still has is with the proposed Fee Schedule for Development Services. Commissioner Allen noted hat the Commission did not have the opportunity to discuss the fees with Director Sullivan. Commissioner Allen noted that the Finance Commission is pretty comfortable with the overall budget. Vice Mayor Baker recommended that the adoption of the resolution on fees be postponed until the Finance Commission had an adequate opportunity to review them. Consensus of the City Council to continue the adoption of the Fee Schedule until after the Finance Commission has thoroughly reviewed all of the fees. Mayor Streit closed the public hearing at 8:15 p.m. WALTONSMITH/BAKER MOVED TO ADOPT RESOLUTIONS ADOPTING THE CITY BUDGET FOR FISCAL YEAR 2002-03. MOTION PASSED 4-0-0-1 WITH MEHAFFEY ABSENT. WALTONSMITH/BAKER MOVED TO ADOPT RESOLUTION ESTABLISHING THE FY 2002-03 APPROPRIATION LIMIT. MOTION PASSED 4-0-0-1 WITH MEHAFFEY ABSENT. WALTONSMITH/BAKER MOVED TO ADOPT RESOLUTION ADOPTING THE BUDGET FOR FY 2002-03 MAHING APPROPRIATIONS AND APPROVING THE CITY'S 2002-03 CLASSIFICATION PLAN. MOTION PASSED 4-0-0-1 WITH MEHAFFEY ABSENT. OLD BUSINESS LIBRARY BUDGET UPDATE STAFF RECOMMENDATION: Informational only. Lorie Tinfow, Assistant City Manager, presented staff report. Assistant City Manager Tinfow reported that in regards to change order activity no final change order activity has occurred since the last report on May 1, 2002. However, Assistant City Manager Tinfow noted that she is tracking several change requests, the two largest being the removal of the concrete found in the existing building footing ($10,483.00) and installation of utility lines in Phase II ($14,000). Assistant City Manager Tinfow reported that in regards to the budget status there is a balance of $311,133 or additional change orders that remains in the original budget of $14.5 million. The $500,000 buffer remains for additional library construction expense if needed. City Council Minutes g June 5, 2002 Assistant City Manager Tinfow reported that construction remains on schedule. The new library should open Spring 2003. Mayor Streit thanked Assistant City Manager Tinfow for the report. 8. RENEWAL OF LAW ENFORCEMENT AGREEMENT BETWEEN THE COUNTY OF SANTA CLARA AND APPROVAL OF THE SHERIFF'S SERVICE CONTRACT FOR 2002-2003 STAFF RECOMMENDATION: Authorize City Manager to execute contracts. Paula Reeve, Administrative Analyst, presented staff report. Analyst Reeve explained that tonight staff was recommending that Council approve the renewal of the Law Enforcement contract with the County of Santa Clara and approve the Delivery Contract for FY 2002-03. Analyst Reeve noted that the 5-year law enforcement contract with the County of Santa Claza expires June 30, 2002. The Renewal Agreement extends the contract to June 30, 2005. Analyst Reeve noted that the only minor change to the agreement amends Section IIA to update the Consumer Price Index information. On Monday, Analyst Reeve noted that the County Executive Office contacted the City and requested an added amendment to the contract. Analyst Reeve noted that the City Attorney reviewed this amendment and has approved it. Richard Taylor, City Attorney, explained that upon a thorough review at the County Council's office they realized that the Hold Harmless and Indemnity in the original agreement has been superseded. City Attorney Taylor noted that he approved of the new wording in the agreement. In regard to the Delivery Contract for FY 2002-2003, Analyst Reeve stated that the County also requires the Sheriff to develop an annual plan projecting service levels for Saratoga, which have been mutually agreed upon by the Sheriffls Department and the City Manager. Analyst Reeve noted that Captain Dennis Bacon was present tonight to answer any questions that the Council may have. Mayor Streit asked when the additional traffic deputy approved last year would be transitioning into more of a community resource officer. Captain Dennis Bacon, SCC Sheriff Office, noted that he hopes someday soon he would be able to make that transition. City Council Minutes 9 June 5, 2002 BOGOSIAN/WALTONSMITH MOVED TO AUTHORIZE THE CITY MANAGER TO SIGN THE AGREEMENT EXTENDING THE LAW ENFORCEMENT CONTRACT WITH THE COUNTY OF SANTA CLARA FOR AN ADDITIONAL THREE YEARS. MOTION PASSED 4-0-0-1 WITH MEHAFFEY ABSENT. 9. HERITAGE ORCHARD STAFF RECOMMENDATION: Accept report and direct staff accordingly. John Livingstone, Assistant Planner, presented staff report. Planner Livingstone reminded Council that at its May 1, 2002 Council meeting the Mayor requested a site visit to the Orchard to review the non-orchard trees. The site visit was placed on the agenda for May 9, 2002. On May 9, 2002, Planner Livingstone reported that a site visit was conducted to review the trees in the Heritage Orchard. The City provided two ecological consultants and two arborists. Planner Livingstone noted that the City Council, members of the Parks and Recreation Commission, Heritage Preservation Commission, Planning Commission, Public Safety Commission, the Novakovich family, and other members of the community attended the site visit. Planner Livingstone noted that the Arborist did not see any immediate signs that the oaks trees were in poor health and felt that some moderate pruning could be allowed on some of the oak trees without damaging the trees. One issued raised by the Arborist was that if an oak tree is removed the stump should be removed and as much of the roots as possible to prevent Oak Root Fungus. The Arborist also recommended that no disking be done under the oak trees. Planner Livingstone noted that Matt Novakovich has recommend that tree #4 and 6 be removed and that some trimming be done on the other trees. Councihnember Bogosian noted for the record that Debra Ellis, who is the contract arborist for the Town of Los Gatos, described the oak trees as vigorous. Jim Stallman, 19740 Braemar, thanked the Council for the site visit and requested that the Council leave one of the silk trees for the raptors. Mr. Stallman also noted that on the site visit he learned that one of the oak trees had a natural honeybee hive in it. Jill Hunter, 20606 Lomita Avenue, thanked the Council for the site visit. Ms. Hunter noted that one of the experts at the site visit told her that heritage orchards always have nonorchard trees in it. Ms. Hunter stated that she believes that people adopted the oak trees along Saratoga Avenue. City Council Minutes 10 June 5, 2002 Councilmember Bogosian read a passage from California - A Guide to Travelers and Settlers (copyright 1876). The passage presented a vivid image of an orchard. Councilmember Waltonsmith noted that the site visit was useful for her. First, someone asked Mr. Novakovich why the oak trees were left. Mr. Novakovich explained that the rumor was an original farmer had planted them, which would make them heritage trees. Mr. Novakovich noted that the oaks actually seeded in dead stumps and city staff twenty years ago left them in place. Councilmember Waltonsmith noted that Mr. Novakovich continued to explain that years ago someone wanted an oak tree pazk in the back section of the orchard. Secondly, at the site visit the azborist suggested that if the City was going to keep the oaks then they needed to be treated properly. Ms. Ellis suggested that Mr. Novakovich stop disking under the canopy, stop watering the orchazd trees under the oak drip line, thin the oaks, prune some of them, not to plant any more trees around the oaks, and not drive the tracker under the oaks circling them at least 60 feet around the perimeter. Councilmember Waltonsmith noted that Ms. Ellis also warned the City about Oak Root Fungus. Councilmember Waltonsmith noted that she wants to take out as many of the oaks in the middle as possible which would leave over 40 oaks lining the creek on the south side of the orchard, two oaks, ten redwoods, and a couple of sycamores. Councilmember Waltonsmith proposed that the small five oaks be moved to the median on Fruitvale Avenue and move the large oak to the Gateway. Councilmember Waltonsmith suggested leaving trees # 1,2,8,9. Councilmember Waltonsmith noted that the orchard should take precedence. Vice Mayor Baker noted that he agrees with the letter Mr. Novakovich sent to Council on June 1, 2002. Vice Mayor baker noted that he agrees with replanting in the oaks along Saratoga Avenue to Fruitvale Avenue, cutting the dead wood out of the silk trees and pruning the oaks. Vice Mayor Baker noted that a number of citizens have complained that the oaks are over a hundred years old, but in fact the Arborist has stated that the oaks aze approximately 40 years old. Mayor Streit noted that after talking to Matt Novakovich on May 9`h and after reading the recent letter he submitted to Council, he agrees with Mr. Novakovich's recommendation to remove two oak trees (#4 & #6) and transplanting the trees along Sazatoga Avenue to the medians on Fruitvale Avenue. Mayor Streit noted he also supports cutting the dead wood out of the silk trees and pruning the oaks. Councilmember Bogosian asked if tree #3 is going to be left in the Orchard. Mayor Streit responded that it should be left until an appropriate spot is found to replant it. Mayor Streit noted that normal orchard maintenance should be continued. City Council Minutes l l June 5, 2002 Mayor Streit reiterated Council's direction as follows: • Transplant the five oaks along Saratoga Avenue to Fruitvale Avenue • Remove oak trees #4&6 • Trim the silk trees • Prune the oaks that are left in the orchazd with Arborist supervision • Continue the normal orchard maintenance operations Planner Livingstone repeated Council's direction. Mayor Streit thanked Planner Livingstone for his report. Mayor Streit declared aten-minute recess at 9:05 p.m. Mayor Streit reconvened the meeting at 9:15 p.m. NEW BUSINESS 10. APPROVAL OF 100 % DESIGN PLAN & CONSIDERATION OF KNOLLWOOD COURT PEDESTRIAN ACCESS STAFF RECOMMENDATION: Approve design plan; authorize pathways; authorize amenity purchases; discuss pedestrian access. John Cherbone, Public Works Director, Presented staff report. Direction Cherbone noted that tonight staff was requesting approval of three recommended actions: • Access to Azule Park via Knollwood Court • Approval of 100% design plan • Authorization to purchase amenities Director Cherbone explained that last year City Council adopted afive-year C.I.P., which included funding in the amount of $880,000 to construct Azule Park. Since hat time staff, the Azule Task Force, and the Parks and Recreation Commission have worked towards completing the pazk by December 1, 2002. Director Cherbone reported that since February 11, 2002 there have been four Azule Park Task Force meetings, three neighborhood meetings with the PRC, a Knollwood Court resident meeting, and six individual meetings with adjacent property owners. Director Cherbone reported that in order to complete Azule Park by December 1st it is recommended that the park amenities be purchased separately from the construction bid. The construction contract will include costs for installation only. - City Council Minutes 12 June 5, 2002 Director Cherbone explained that during the Azule Park design stage it became known that residents who reside close to the proposed Knollwood Court entrance were opposed to its construction. In order to determine the concerns of these residents a meting was held with the Knollwood Court residents and a survey was mailed to the Azule area residents that would most likely use this access to the park. The meeting was productive and a list of various safety and traffic concerns was generated. 48 out of 188 questionnaires were returned with 26 in favor and 22 against the entrance. Director Cherbone noted that at the 75% design approval meeting the PRC took public comment in regard to the Knollwood Court entrance. The PRC voted 4-1 in favor of the entrance. Subsequently, residents in the Knollwood area asked that the issue be presented to City Council for final decision. Elaine Clabeaux, Chair/Pazks and Recreation Commission, 12357 Sazaglen Drive, noted that the Azule Project started at the direction of Council in March 2001. Many people worked closely together to create a Master Plan by August of that year. Chair Clabeaux noted that the Task Force's primary objected was to create a neighborhood park that serves the majority of the desires of the neighborhood. Chair Clabeaux noted that the Sheriff's Department addressed access to the park via Knollwood Court at two Task Force meetings and two public meetings. The Sheriff's Department reported that the Knollwood Court entrance was a desirable feature and did not present additional safety issues. Chair Clabeaux reported that the City sent out a survey to 188 residents that live close to the vicinity of the park. Chair Clabeaux reported that 48 responded, 26 supported and 22 opposed. Chair Clabeaux noted that most of the people who signed the petition against the access did not participate in the public process. Chair Clabeaux noted that the PRC supports the access to Azule Park via Knollwood Court. Chair Clabeaux noted that the residents on Goleta have expressed concern that the pazk will increase the traffic on their street if the Knollwood Court access is not included. Gregory Gates, 13226 Montrose Street, noted that he is a member of the Parks and Recreation Commission and was on the Azule Task Force. Commissioner Gates noted that the neighborhood was very involved in this project. Commissioner Gates noted that all safety issues have been addressed. Commissioner Gates noted that this project had a sense of community. In order to mitigate a possible pazking problem on Knollwood Court, Director Cherbone suggested to the Task Force that "No Park Parking" signs could be installed. Anwar Ghazi, 12241 Marilla Drive, noted that almost 50% of the people surveyed stated that they did not support the Knollwood Court access. Mr. Ghazi noted that the immediate neighbors oppose the City creating an "alleyway entrance" to the park. City Council Minutes 13 June 5, 2002 Herman Lao, 19974 Knollwood Drive, noted that he is the most impacted by the Knollwood Court access. Mr. Lao noted that he opposes the access to the park via Knollwood Court. Mr. Lao noted that he does support the Azule Design Plan. Norbert Franczak, 12255 Goleta Avenue, commended the Task Force and MPA Design. Mr. Franczak noted that he fully supports the Design Plan and supports access to the park via Knollwood Court. Katie Alexander, 12340 Goleta Avenue, noted that there is no factual data to support removing or leaving the access path on Knollwood Court. Ms. Alexander suggested that the City should move forward with the access at Knollwood Court and if it creates problems, remove it. Councilmember Bogosian stated that he is prepared to support the 100% Design Plan for Azule park. Councilmember Bogosian stated that he agrees with Ms. Alexander that there is no real data that would support eliminating the access via Knollwood Court. Councilmember Bogosian noted that he would support opening of the access of Knollwood Court to the park for one year with the proviso that data be collected on the traffic, safety, and use. Councilmember Waltonsmith noted that if the City opens the access to the park via Knollwood Court she feels it would not create problems. Councilmember Waltonsmith noted that she supports returning to Council with data in one year. Vice Mayor Baker stated that he feels that the access trail should be left out of the design. Vice Mayor Baker noted that a year from now those neighbors who opposed the access will be tired of walking 6/10 of a mile to get to the entrance of Azule Park and will be asking the Council to open up the access. Mayor Streit agreed with Vice Mayor Baker opposing the access at Knollwood Court. Mayor Streit stated that he feels this access changes the character of that neighborhood too much. Vice Mayor Baker noted that it is critical that the City moves ahead with this park and suggested that the Council defer any decision on the inclusion or exclusion of the access to the park from Knollwood Court. Vice Mayor Baker noted that whatever the motion is it would be a 2-2 vote, so this item should be brought back when there is a full council. Director Cherbone noted that he could put this item as an add alternate in the bid package. City Attorney Taylor added that Director Cherbone should put the path in as an add altemate, award the bid without the path and get a contingency amount to cover it. City Council Minutes 14 June 5, 2002 BAKER/BOGOSIAN MOVED TO APPROVE THE 100% DESIGN PLAN FOR AZULE PARK. MOTION PASSED 4-0-0-1 WITH MEHAFFEY ABSENT. 11 BAKER/WALTONSMITH MOVED TO AUTHORIZE AMENITY PURCHASES. MOTION PASSED 4-0-0-1 WITH MEHAFFEY ABSENT. APPROVAL OF PROFESSIONAL SERVICES AGREEMENT FOR ARCHITECTURAL SERVICES -GRACE UNITED METHODIST CHURCH RENOVATION STAFF RECOMMENDATION: Award contract and authorize City Manager to execute agreement. Joan Pisani, Recreation Director, presented staff report. Director Pisani reported that the City is scheduled to close escrow on the purchase of the Grace United Methodist Church property in mid July. In preparation of facility use by Saratoga Area Senior Coordinating Council, staff has solicited proposals for professional services from architectural firms. Phase I of the project includes a condition of analysis of the existing buildings, a CIP scope of work, and a project cost estimate. Director Pisani noted that staff contacted four architectural firms with previous experience with the City, and asked them if they were interested in submitting a bid for Phase I of this renovation project. Two firms submitted cost proposals: • Anderson Brule Architects - $23, 500 • Noll and Tam Architects - $18,220 Director Pisani noted that staff is recommending that the City Council approve the proposal from Noll and Tam Architects. BOGOSIAN/WALTONSMITH MOVED TO APPROVE THE PROPOSAL FROM KNOLL AND TAM ARCHITECTS AND AUTHORIZE EXECUTION OF CONTRACT. MOTION PASSED 4-0-0-1 WITH MEHAFFEY ABSENT. CONSENT CALENDAR 2A. CITY COUNCIL MINUTES -REGULAR MEETING MARCH 20, 2002 STAFF RECOMMENDATION: Approve minutes. WALTONSMITH/BOGOSIAN MOVED TO APPROVE CITY COUNCIL MINUTES OF MARCH 20, 2002. MOTION PASSED 4-0-0-1 WITH MEHAFFEY ABSENT. City Council Minutes 15 June 5, 2002 • . 2B. CITY COUNCIL MINUTES -ADJOURNED MEETING APRIL 23, 2002 STAFF RECOMMENDATION: Approve minutes. WALTONSMITH/BOGOSIAN MOVED TO APPROVE CITY COUNCIL MINUTES OF APRIL 23, 2002. MOTION PASSED 4-0-1-1 WITH MEHAFFEY ABSENT 2C. CITY COUNCIL MINUTES -REGULAR MEETING MAY 15, 2002 STAFF RECOMMENDATION: Approve minutes. Councilmember Waltonsmith requested that item 2C be pulled from the Consent Calendar. Councilmember Waltonsmith noted that she was absent on May 15, 2002 so she would be abstaining from the vote. BOGOSIAN/BAKER MOVED TO APPROVE CITY COUNCIL MINUTES OF MAY 15.2002. MOTION PASSED 4-0-1-1 WITH WALTONSMITH • ABSTAINING AND MEHAFFEY ABSENT. 2D. REVIEW OF CHECK REGISTER STAFF RECOMMENDATION: Approve check register. WALTONSMITH/BOGOSIANMQVED TO APPROVE CHECK REGISTER. MOTION PASSED 4-0-0-1 WITH MEHAFFEY ABSENT. 2E. REVIEW PLANNING COMMISSION ACTION MINUTES -MAY 22, 2002 STAFF RECOMMENDATION: Note and file. WALTONSMITH/BOGOSIAN MOVED TO APPROVE PLANNING ACTION MINUTES. MOTION PASSED 4-0-0-1 WITH MEHAFFEY ABSENT. 2F. ADOPT RESOLUTION CALLING A GENERAL MUNICIPAL ELECTION FOR NOVEMBER 5, 2002 AND REQUESTING SERVICES OF COUNTY REGISTRAR OF VOTERS STAFF RECOMMENDATION: Adopt resolution. - City Council Minutes 16 June 5, 2002 TITLE OF RESOLUTION: 02-035 RESOLUTION CALLING A MUNICIPAL ELECTION FOR NOVEMBER 5, 2002 WALTONSMITH/BOGOSIANMQVED TO ADOPT RESOLUTION CALLING A MUNICIPAL ELECTION FOR NOVEMBER 5, 2002. MOTION PASSED 4-0-0-1 WITH MEHAFFEY ABSENT. 2G. ADOPT RESOLUTION DECLARING BRUSH GROWING ON CERTAIN DESCRIBED PROPERTIES TO BE A PUBLIC NUISANCE AND SETTING A PUBLIC HEARING STAFF RECOMMENDATION: Adopt resolution. TITLE OF RESOLUTION: 02-036 RESOLUTION DECLARING BRUSH A PUBLIC NUISANCE AND SETTING A PUBLIC HEARING DATE WALTONSMITH/BOGOSIANMQVED TO ADOPT RESOLUTION DECLARING BRUSH A PUBLIC NUISANCE. MOTION PASSED 4-0-0-I WITH MEHAFFEY ABSENT. 2H. ADOPTION OF ORDINANCE -RULES FOR SKATE PARK STAFF RECOMMENDATION: Adopt ordinance. TITLE OF ORDINANCE: 204 AN ORDINANCE AMENDING THE SARATOGA CITY CODE CONCERNING PARKS FOR SKATEBOARDING AND IN-LINE SKATING WALTONSMITH/BOGOSIAN MOVED TO ADOPT ORDINANCE -RULES FOR SKATE PARK. MOTION PASSED 4-0-0-I WITH MEHAFFEY ABSENT. 2I. PURCHASE OF EQUIPMENT -DUMP TRUCK AND FORKLIFT STAFF RECOMMENDATION: Authorize purchases. WALTONSMITH/BOGOSIAN MOVED TO PURCHASE OF EQUIPMENT. MOTION PASSED 4-0-0-1 WITH MEHAFFEY ABSENT. City Council Minutes 17 June 5, 2002 u 2J. AWARD OF CONTRACT -STREET SWEEPING CONTRACT STAFF RECOMMENDATION: Award contract and authorize City Manager to execute agreement. Councilmember Bogosian requested that item 2J be pulled from the Consent Calendar. Councilmember Bogosian asked what the problems were with the current contractor. Rick Torres, Public Works Supervisor, explained that the current street sweeping company has had several problems. Supervisor Torres explained that in the past year there has been three different operators, several streets have been missed, several complaints and since they are out of Los Angeles they have asked the City if they could use the Corporation Yard to store their equipment. BOGOSIAN/WALTONSMITH MOVED TO AWARD CONTRACT FOR STREET SWEEPING CONTRACT TO LOS ALTOS GARBAGE COMPANY. MOTION PASSED 4-0-0-1 WITH MEHAFFEY ABSENT. BOGOSIAN/WALTONSMITH MOVED TO AUTHORIZE E%ECUTION OF CONTRACT WITH LOS ALTOS GARBAGE COMPANY IN THE AMOUNT OF $7, 259.59 PER MONTH. MOTION PASSED 4-0-0-1 WITH MEHAFFEY ABSENT. 2K. DECLARATION OF SURPLUS PROPERTIES AND AUTHORIZATION OF DISPOSAL OF SAME STAFF RECOMMENDATION: Authorize declaration. WALTONSMITH/BOGOSIAN MOVED TO AUTHORIZE DECLARATION OF SURPLUS. MOTION PASSED 4-0-0-1 WITH MEHAFFEY ABSENT. 2L. ADOPTION OF ZONING ORDINANCE AMENDMENT -REAR YARD SETBACKS -SECOND READING STAFF RECOMMENDATION: Waive second reading and adopt ordinance. TITLE OF ORDINANCE: 205 AN ORDINANCE AMENDING THE ZONING CODE OF THE CITY OF SARATOGA CONCERNING REAR YARD SETBACKS IN THE RESIDENTIAL ZONED DISTRICTS City Council Minutes 1 g June 5, 2002 WALTONSMITH/BOGOSIAN MOVED TO AUTHORIZE DECLARATION OF SURPLUS. MOTION PASSED 4-0-0-1 WITH MEHAFFEY ABSENT. AGENCY ASSIGNMENT REPORTS Councilmember Waltonsmith reported the following information: SASCC • Shortfall of $68,000 in this year's budget. Board discussed major fundraising efforts to help budget. Sister City • July 26, 2002 -Japanese exchange student ceremony at City Hall. • September 20, 2002 -Annual "Moon Viewing" event. • February 2003 -official visit to Saratoga by the officials of Muko, Japan. Councilmember Bogosian reported the following information: Library JPA • Announced that Susan Fuller was retiring this year. JPA discussed their participation of the interview process for her replacement. SAVACA • May 20, 2002 Board approved the operating budget for next fiscal year. City of Saratoga participation costs for 2002-03 would be $184.875.32. Vice Mayor Baker reported the following information: West Valley Sanitation • Board is in the process of reviewing the budget. Mayor Streit reported the following information: Hakone Foundation • Recently appointed new members. Board approved a long term Master Plan. An authentic Teahouse has recently been donated to Hakone Gardens from Japan. CITY COUNCIL ITEMS Vice Mayor Baker noted that he recently received a book titled A Local Official's Guide to Ethics Laws and requested that the City order more copies for the entire Council. Councilmember Bogosian noted that he recently has been invited and has accepted to testify at a Congressional Briefing regarding Falong Gong issues. Councilmember Waltonsmith congratulated Director Baloca and his staff for winning a GOFA award. OTHER None City Council Minutes 19 June 5, 2002 CITY MANAGER'S REPORT None ADJOURNMENT There be no further business Mayor Streit recessed the meeting at 10:45 p.m. and noted that the Council would return to Closed Session discussions in the Administrative Conference Room. There being no further Business Mayor Streit adjourned Closed Session at 11:25 p.m. Respectfully submitted, Cathleen Boyer, CMC City Clerk City Council Minutes 2p June 5, 2002 SARATOGA CITY COUNCIL MEETING DATE: July 17, 2002 AGENDA ITEM: ORIGINATING DEPT: Administrative Services CITY MANAGER: ~~~ PREPARED BY:~ ,GL /-tt ! DEPT HEAD: SUBJECT: Check Register: 6/27/02 RECOMMENDED ACTION(S): Approve the Check Register. REPORT SUMMARY: Attached are 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. I Fund# Fund Name Date Manual Void Total 6127/2002 Checks Checks AP CHECKS A89254-89476 `~ -, 1 GENERAL 307,403.93 40,042.00 (103.00) ~, 347h342 33~~< 100 COPS-SLESF 298.95 133 ~ ~ ~1~~~29895's 110 Traffic Safety , 12,118.95 ~~ <~ ~ "~~ 118`~35~- ~ - ~ 150 Streets & Roads 156,448.09 2,504.69 ,~ ~~~ ~.N ~ ,t ~1a''$;~95~78- ~ 160 Transit Dev 3P~* ,,js5 u '~s; 3 s r ~~ ~'~ z;r~~3 '~ ~`.' ~z',~ ~. ~ ~ ' 170 Hillside Repair ~ ~ ~s; sw ~ - ~ , w. ~ ~ ~ ~ ~~ ' 180 LLADistricts 497.88 5 7,423.37 2 82'i'25;" 250 Dev Services , 34,520.78 .f ~~3q;520~7$ 260 Environmental 43,086.87 ~t'''4~3 086 87; r r 270 Housing & Comm F t ~' x~ i 290 Recreation 60,169.35 ;~ =G0'i6935° 291 Teen Services 539.30 1,363.43 't~ `x`1,902 73~ 292 FacilityOps 1,552.50 y ` x ~~~155254-:. 293 Theatre Surcharge 784 20 784 2D = 4'~ ~ ~ 300 State Park . , j „i 310 Park Develpmt 13,858.74 1,760.29 ' 15 619 03 320 Library Expansion 22,660.42 "22 660,42 352 Infrastructure 1,158.72 >~195872'~ 353 Facility ~ a~ rf~~ ` 354 Park and Trail 15,319.03 ~~15 3t9 400 Library Debt ~ y - "~ ` ~ ~ ` 410 Civic Cntr COP ,~ 420 Leonard Creek 255.70 '~ ~ 256 70 700 Quarry Creek * z . `~ 710 Heritage Prsvn ' , . ~~ 720 Cable TV ~, ` ~ ` 730 PD #2 ~ ~ ' ~°~ "" 740 PD #3 298.72 ,~ , . ~~~_ $ 72= fi 29 800 Deposit Agency 8,450.00 ,, ; a ~, , , { ~ 8 450 OA 810 Deferred Comp ` ~ r ; ~ <~w 830 Payroll Agency 990 SPFA v~ t~~,~~ , ~ r,°~ Subtotal 817 422 13 78 53 093 ~~ (103 00)' `~; ,&jO 4'12 9'1 , . , . . . 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F N O O F F E« ~ a HH„F w aw o p Z W W Iw.l w 2 y J Z n F w F2SS W w w%O > > ~ >wF V/ 4) N Q44 a0 F w pap O O O O p p p p p O NNNN YI N p I(1 N N p O O 0 ~~ mo O O O O ry N N N N N O O O O O ~~~~ ~ Vl w u1 w N N N N \ \\\ 0000 0 N w „ W aweNm ar, zee ,ae woo z~O wo 000 0 30 .. a F r oNON 0 Nm~,cn w ~e~oe °oe o~ {' n evro ~ ZS AF x m a m ~ O m '~ ~F O F • ~ K1 ~ ~OO;c~~ ~ X~z .m b .3. ~ r r n r z N ~ ~: ~z~x a 'Ab mm~~n J Z g m n ~ m n 0 c z H C~ 02~ N m ' m m b n p ~ n O ~i 00' Z H y O a Hf Y N m c m C N n U1 ~ ~i m n X ~ x x n o x ~ = a m .m. n m m N % H n m ~i n A C b b > ~ y r r z mz Hm 3 O H mH YHY i~Z' b ~mn~ n ~' ~ n m ~ o 00 ~p~i °, ~ ~ ~ m ~mz Z H ~ m 4] ~ m oro b m HA z H C b 3 ro m b ~ PfN O Iii 0 2 m o m m ~i % n i N 0o O X~ i i O N Y SARATOGA CITY COUNCIL MEETING DATE: July 17, 2002 AGENDA ITEM: ~~ DEPT: Community Development CITY MANAGER: ~~~ PREPARED BY: Kristin Borel DEPT HEAD: h SUBJECT: Planning Commission Actions, June 26, 2002 RECOMMENDED ACTION(S): Note and file. REPORT SUMMARY: Attached are the Planning Commission Action Minutes of June 26, 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, June 26, 2002 - 7:00 p.m. PLACE: Council Chambers/Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA TYPE: Regular Meeting ROLL CALL: Comrnissioners Barry, Gazakani, Hunter, Kurasch, Roupe, Zutshi and Chair Jackman Absent: Comrnissioner Zutshi and Chair Jackman Staff: Planners Oosterhous &t Welsh, Director Sullivan, and Minutes Clerk Shinn PLEDGE OF ALLEGIANCE MINUTES: Draft Minutes from Regular Planning Commission Meeting of June 12, 2002 (APPROVED 4-0-1, ROUPE ABSTAIN) ORAL COMMUNICATIONS - Any memberaf thePublicwillbeallowed toaddress thePlanningCommission forup tothree minutes on matters not on this agenda I'he law generally prohibits the Planning Commission from discussing or tahing action on such items. However, the Planning Commission may instruct staff accordingly regarding Oral Communications under Planning Commissiondirection toStaff. REPORT OF POSTING AGENDA Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on June 16, 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 (15) calendar days of the date of the decision, pursuant to Municipal Code 15- 90.050 (b). CONSENT CALENDAR - None PUBLIC FIEARINGS All interested persons may appear and be heazd at the above time and place. If you challenge a decision of the Planning Commission pursuant to a public heazing in court, you maybe 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 Saratoga Planning Commission at, or prior to, the public hearing. 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. 1. DR-00-051 &t BSA-00-003 (503-30-002) -WALKER, 13800 Pierce Road; - Request for Design Review and Building Site Approval to construct atwo-story single-family residence on a 19,210 square foot vacant lot. The Iloor area of the proposed residence and attached two-caz garage is 3,609 square feet. The maximum height of the residence would be 26 feet. The site is zoned Hillside Residential. (OOSTERHOUS) (APPROVED TO CONTINUE TO JULY 10, 2002, 5-0) R 2. APPLICATION #02-020 (410-40-018) - HUYNH,15120 Quito Road; -Request for Design Review Approval to demolish an existing 2,214 square foot single-family residence on a 43,342 square foot lot. The floor area of the new residence including the basement and attached garage will be 6,937 square feet. The maximum height of the residence will be 25 feet. The site is located in the R-1-40,000 zoning district. (WELSH) (APPROVED 5-0) 3. APPLICATION #02-056 (397-06-080) - CHANDRA, 18595 Woodbank Way; - Request for Design Review Approval for an addition to a 4,765 square foot single- family residence on a 44,451 square foot lot. The addition will add approximately 422 square feet to the main floor, 472 to the lower level, and 441 square feet to the new garage. The maximum height of the residence will be 26 feet. The site is located in the R-1-40,000 zoning district. (WELSH) (APPROVED 5-0) 4. APPLICATION #02-082 (Citywide) -CITY OF SARATOGA; -The proposed Zoning Ordinance Amendment would establish Development Standards for Mixed Use Developments. These standards address density, unit size, ratio of commercial square footage to residential square footage and compatibility to existing residential and/or commercial development. (SULLIVAN) (APPROVED TO CONTINUE TO N OCTOBER 23, 2002, 5-0) DIRECTOR'S ITEMS - None COMMISSION ITEMS Commissioner's sub-committee reports Appoint Planning Commissioner to Gateway Task Force sub-committee (ROUPE APPOINTED) COMMUNICATIONS - None ADJOURNMENT AT 10:05 PM TO THE NEXT MEETING - Wednesday, July 10, 2002, at 7:00 p.m. in the Council Chambers/Civic Theater 13777 Fruitvale Avenue, Saratoga, CA If you would like to receive this Agenda via e-mail, please send your e-mafl address to nlannine@sarato¢a.ca.us SARATOGA CITY COUNCIL MEETING DATE: July 17, 2002 AGENDA ITEM: //~~~ DEPT: Community Development CITY MANAGER: Y~~G~--~ PREPARED BY: Kristin Borel DEPT HEAD: SUBJECT: Planning Commission Actions, July 10, 2002 RECOMMENDED ACTION(S): Note and file. REPORT SUMMARY: Attached are the Planning Commission Action Minutes of July 10, 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 w CITY OF SARATOGA PLANNING COMMISSION ACTION MINUTES DATE: Wednesday, July 10, 2002 - 7:00 p.m. PLACE: Council Chambers/Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA Tl PE: Regular Meeting ROLL CALL: Commissioners Barry, Garakani, Hunter, Kurasch, Roupe, Zutshi and Chair Jackman Absent: Comrissioners Hunter &Zutshi Staff: Planners Oosterhous & Welsh, Director Sullivan, and Minutes Clerk Shinn PLEDGE OF ALLEGIANCE MINUTES: Draft Minutes from Regular Planning Commission Meeting of June 26, 2002 ORAL CONIMtJNICATIONS -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 law generally prohibits the Planning Commission from discussing or taking action on such items. However, the Planning Commission may instruct staff accordingly regarding Oral Communications under Planning Commission direction to Staff.' REPORT OF POSTING AGENDA Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on July 3, 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 (15) calendar days of the date of the decision, pursuant to Municipal Code 15-90.050 (b). CONSENT CALENDAR - None 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 maybe 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 Saratoga Planning Commission at, or prior to, the public hearing. 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. • 1. APPLICATION #02-015 (503-72-034) -HSU, 21775 Congress Hall Lane; -Request for Design Review approval to add 1,840 square feet to an existing 4,325 square foot house for a total area of 6,165 square feet on a 2.78 acre property. The maximum height of the addition will be 18 feet. The property is located in the Hillside Residential zoning district. (WELSH) (APPROVED 5-0) 2. APPLICATION #02-045 (503-78-004) - BLAETTLER CONSTRUCTION INC., 21888 Villa Oaks Lane; -Request for Design Review approval to construct a 5,825 square foot two story home with 1,346 square foot basement on a 1.01 acre property. The maximum height of the structure is 26 feet. The property is located in the Hillside Residential zoning district. (WELSH) (APPROVED 5-0) 3. DR-00-051 & BSA-00-003 (503-30-002) -WALKER, 13800 Pierce Road; -Request for Design Review and Building Site Approval to construct atwo-story single-family residence on a 19,210 square foot vacant lot. The floor area of the proposed residence and attached two-car garage is 3,609 square feet. The maximum height of the residence would be 26 feet. The site is zoned Hillside Residential. (OOSTERHOUS) (APPROVED 4-1 TO CONTINUE TO AUGUST 14, ROUPE OPPOSED) 4. APPLICATION #02-035 (503-72-014) - LUI, 14805 Masson Court; -Request for an extension of approved plans to construct a 6,500 square foot two- story residence on a vacant lot. The maximum height of the residence will be 26 feet. The site is 87,712 square feet and is located within the Hillside Residential zoning district. The previous Design Review application was approved by Planning Commission. The approval was appealed to the City Council by neighboring property owners. Council denied the appeal on May 17, 2000. (OOSTERHOUS) (APPROVED 5-0 TO CONTINUE TO DATE UNCERTAIN) DIRECTOR'S ITEMS - None COMMISSION ITEMS Commissioner's sub-committee reports COMMUNICATIONS - None ADJOURNMENT AT 10:48 PMTO NEXT MEETING - Wednesday, July 24, 2002, at 7:00 p.m. in the Council Chambers/Civic Theater 13777 Fruitvale Avenue, Saratoga, CA If you would like to receive this Agenda via a-mail, please send your a-mail address to ulannin saratoea.ca.us SARATOGA CITY COUNCIL MEETING DATE: July 17, 2002 AGENDA ITEM: ORIGINATING IaEPT~f'ty Manager CITY MANAGER: ~~~ PREPARED DEPT HEAD: SUBJECT: Claim of Carol Hutchings; Claim No. GL-053529 RECOMMENDED ACTION: Authorize ABAG to reject claim. REPORT SUMMARY: On January 4, 2002 the claimant presented a claim regarding an incident that occurred while the claimant was dropping her daughter off at winter camp. When she did, the pet rabbit was loose in the classroom. The claimant helped try to catch the rabbit; as a result, the rabbit was frightened and bit the claimant. As a result the claimant submitted a medical bill for a tetanus shot off $134. The City's claims examiner reviewed all documents provided by the claimant and City staff, and recommends that the City Council reject the claim. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The claim will not be settled. ALTERNATIVE ACTION: The City Council could decide to settle the claim by paying damages. FOLLOW UP ACTION: Process rejection notice. ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: None t i SARATOGA CITY COUNCIL MEETING DATE: July 17, 2002 AGENDA ITEM: L ~~ ORIGINATING DEPT: Public Works CITY MANAGER: ~~~ PREPARED BY: ~/~~~,achJF DEPT HEAD: C1 SUBJECT: Union Pacific Railroad Trail VTA Funding Resolution RECOMMENDED ACTION(S): Adopt resolution. REPORT SUMMARY: The Valley Transportation Authority (VTA) is willing to reserve for Saratoga Tier 1 Bicycle Expenditure Program funding for the proposed Union Pacific Rail Road trail segment identified as reach 3 in the Alta Transportation Consulting feasibility study completed October, 2001. The segment is 1.6 miles in length, with the goal of placing the trail on the PG&E easement. Projected development costs for reach 3 is $1,997,577.00 dollars, with a required local match by the city of 20% percent, or $399,515.40. At their regular meeting on June 19, 2002, Council directed staff to pursue VTA Tier 1 Bicycle Expenditure Funding by submitting an application to the VTA by their July 5, 2002 deadline, which staff completed and submitted. An additional condition for Tier 1 funding is Council submitting a resolution supporting the terms and conditions for usage of Tier 1 projects by VTA's imposed deadline of July 29, 2002. As directed by Council, Staff is submitting the resolution for Council review and approval so the application for VTA Tier 1 funding can proceed forward. FISCAL IMPACTS: City is required to provide $399,515.40 in matching funds to the VTA if project development occurs. However, VTA staff has indicated there may be opportunities to procure grant funding for the 20% match. L..~ CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): VTA Tier 1 funding earmarked for the U.P.R.R. Reach 3 project in Saratoga will most likely be reallocated to a different Tier 1 project in another jurisdiction. ALTERNATIVE ACTION(S): None in addition to the above. FOLLOW UP ACTION(S): Forward approved original resolution to VTA. ADVERTISING, NOTICING AND PUBLIC CONTACT: None. ATTACHMENTS: Attachment A -Resolution 2 of 3 \J RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA SUPPORTING THE TERMS AND CONDITIONS FOR TIER 1 FUNDING FROM THE VALLEY TRANSPORTATION AUTHORITY BICYCLE EXPENDITURE PROGRAM FOR REACH 3 OF THE PROPOSED UNION PACIFIC RAIL ROAD TRAIL PROJECT WHEREAS, The City of Saratoga is applying for Tier 1 Bicycle funding from the Valley Transportation Authority Bicycle Expenditure Program for Reach 3 of the Proposed Union Pacific Rail Road Trail project in the amount of $1,997,577.00, and WHEREAS, The City of Saratoga has assumed the role of lead agency for the Union Pacific Rail Road Trail project due to other jurisdictions, namely the Cities of Cupertino, Los Gatos, Campbell and the County of Santa Clara, having dropped the project upon the completion of the feasibility study finding analysis, and WHEREAS, The City of Saratoga's trail portion under consideration for funding is 1.6 miles in length, and runs from Saratoga / Sunnyvale Road in the North to Saratoga Avenue in the South, and is identified as Reach 3 in the feasibility study completed by Alta Transportation Consulting Group October, 2001, and WHEREAS, The City of Saratoga supports funding the project with a 20% minimum "local match" ofnon-Bicycle Expenditure Program funds, and WHEREAS, The project must conform with the Bicycle Technical Guidelines except in cases where compliance would result in extraordinary cost and /or environmental impacts, and WHEREAS, Bicycle Expenditure Program Funds that are not obligated or expended within the time limits established by the governing fund program are subject to review and reprogramming to another Tier 1 or a Tier 2 project that is ready to expend the funds. NOW, THEREFORE, BE IT RESOLVED that the Saratoga City Council supports the terms and conditions of Tier 1 funding from the Valley Transportation Authority Bicycle Expenditure Program. PASSED, APPROVED AND ADOPTED by the City Council of the City of Saratoga on the 1st day of March 2002 by the following vote: AYES: NOES: Page 1 of 2 1 Resolution No. ABSTAIN: ABSENT: Nick Streit, Mayor ATTEST: Cathleen Boyer, City Clerk t.J Page 2 of 2 SARATOGA CITY COUNCIL MEETING DATE: July 17, 2002 ORIGINATING DEPT: ublic Works PREPARED BX: AGENDA ITEM: CITY MANAGER: O~~'----- DEPT HEAD:-c^'~-K~ SUBJECT: Request by San Jose Water Company for an underground pipeline easement through Foothill Park. RECOMMENDED ACTION(S): Move to grant San Jose Water Company an easement through Foothill Park, for the purpose of maintaining an underground water pipeline. REPORT SUMMARY: Background During the pastl8 months, Foothill Elementary School has been conducting an ongoing campus/facilities improvement project. One element of this effort has been the upgrading of the school's domestic and fire-protection water supply system. In order to make the necessary water main connections, which are located on Seaton Avenue, an underground pipeline has been installed across a 140-foot length of Foothill Park, within an asphalt entranceway to Foothill School. To enable San Jose Water Company to maintain the pipeline, they are requesting a 140' X 15' easement along the pipe's run. The easement would be wholly within the existing egress/ingress easement, and no useable park area would be affected. Discussion The easement would provide San Jose Water Company with rights to maintain, repair, resize, and improve the water line within the easement boundaries. No permanent structures maybe constructed within the easement. Additionally, no trees may be planted nor grades changed within the easement. This would not affect any future upgrades of Foothill Park, as the easement azea is completely within an existing asphalt driveway. FISCAL IMPACTS: None. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): The proposal would not be approved and San Jose Water Company would not receive an underground pipeline easement through Foothill Park at this time. ALTERNATIVE ACTION(S): None in addition to the above. FOLLOW UP ACTION(S): Right-Of--Way documentation will be completed by staff, and executed by the City Manager. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: I. Right-Of Way documentation (including parcel plat and legal description), as provided by San Jose Water Company and Old Republic Title Company. 2 of 2 c L J WHEN RECORDED MAIL TO: San Jose Water Company 1265 South Bascom Avenue San Jose, CA 95128 Attn.: James Bariteau DOCUMENTARY TRANSFER TAX: None/No Monetary Consideration APN: 503-58-034 R I G H T- O F- W A Y THIS INDENTURE, made and entered into this day of 19 by and between CITY OF SARATOGA, First Party, and SAN JOSE WATER COMPANY, a California corporation, Second Party. WITNESSETH: First Party, for and in consideration of the sum of one (1) dollar, in lawful money of the United States of America, to him in hand paid by Second Party, the receipt whereof is hereby acknowledged, do by these presents, grant to Second Party and to its successors and assigns forever: The right and privilege of excavating for and laying pipelines as and when and as often as the same may be desirable in the opinion of Second Parry, together with all fittings, connections and appliances which Second Party may desire to install in connection therewith, for the transmission and distribution of water and also the right of maintaining, using and replacing and/or enlarging the same for such purposes and also the right and privilege of relaying, repairing, removing and/or renewing the same, using pipe, fittings, connections and/or appliances either of the same size or sizes as may first be installed or of any other size or sizes and also aright-of-way along the same, upon, in, through, along and across the following described land situate in the County of Santa Clara, State of California, to wit: G1-438B.DOC See Exhibits "A" and "B", attached and made a part of. The foregoing rights and privileges hereinabove granted are made upon the following terms and conditions: First Party shall neither construct nor permit to be constructed any building or any other permanent structure on said right of way. First Party shall neither plant nor permit to be planted trees within said right of way. First Parry shall neither change nor permit to be changed the grade over said right of way. u G1-4386.DOC s The respective rights, covenants and conditions contained herein shall inure to the benefit of and be binding upon the respective heirs, successors and assigns of the parties hereto. N WITNESS WHEREOF, First Party has executed this Indenture the day and year first above written. CITY OF SARATOGA By: Print Name By: Signature ay. Print Name ey: Signature Giw"~-' / I "~; , /t -' 1`- ~~ ~f/ CHG.` i . r'/Y- J l +' ~~~~ G1-438B.DOC Y • ALL PURPOSE ACKNOWLEDGMENT STATE OF COUNTY OF On ,before me ,personally Name, Titte of Officer appeared ,personally known to me (or proved to me on the basis of Name(s) of Signer(s) satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. (Seal of Notary) Signature Signature of Notary G1-4386.DOC August 06, 2001 Job# A00154-4 Page 1 of 2 E~IIBIT "A" LEGAL DESCRIPTION 15.00 FOOT WIDE WATERLINE EASEMENT A.P.N. 503-58-034 All that certain real property situate in the City of Saratoga, County of Santa Claza, State of California and lying within Lot 6 as shown on that certain map of Tract No. 4509 filed for record in Book 239 of Maps at page 44, Santa Claza County Records: A fifteen (15.0) foot wide waterline easement lying seven and one half (7.50) feet on each side of the following described centerline: Beginning at a point on the southerly line of Lot 6 as shown on said Tract 4509 at the southeast corner thereof, Thence North 89°24'27" West, 24.47 feet along said southerly line to the True Point of Beginning; Thence leaving said southerly line, North 00°03'52" West, 142.01 feet to a point on the southerly line of Seaton Avenue and the Point of Terminaiion. Said point being distant North 89°24'27" West, 23.64 feet from the northeast corner of said Lot 6. Description prepared by Kier & Wright Civil Engineers, Inc. Date ;, t rl~ J~~ ~' 1/ I7 l ~ CFA X115 '~1 1 A ^ ~ a ~~~p ~ ~ r ~ , l \ V ~~ ~ o Vigil, L.S 256 .:, i ~\~ . r. fPF ~, '}M. rv.Cw ... y d ~ "~"xA. Sf V °y 3 "`~ . I I:\dwg\A00154\FOOTHILL-WIrESMT-2.doc R lLOT~'9 a !6®~'~ POINT OF TERMINA Ss~Q %~~AM A1I~/C~ IN~IMC N 89'24' 0 j j Q L®~~1 I I o Q ~. I f I ~ ~s „ a l~G°dAl G ~ nNlOo ~~OJ 7. so' ~ a TACO L~" Q CENTERLINE OF 15' WATERLINE EASEMEN i (TYPICAL) C~0~ Old 5~17TQ ~OC~Q G1aPoM gO,~~~C1=O~4 i 23.64' ~ N 00'03'52" W 142.01' III ~ ~~ W O ~ ~~ ~, L~OpP L~®T~ I , I N ~ ~ ~QG3~l ~00G~Q ~~~ ~ 7 so' POINT OF BEGINNING - - -I ~ ~~ GUI ° °~' - - (P.O.B.) t 2489',24'27" W TRUE POINT OF BEGINNING (T. P.O.B.) -~ ~1 ~~~ ~a~ ~~~ a ~~I L~AnMD~ OG~ ~G1G°dQ7T~l~'Q MAM~OG~J 5(~G;IOOL~ Da~S~G°IOG~ PLAT TO ACCOMPANY LEGAL DESCRIPTION FOR: SAN JOSE WATER COMPANY AUGUST, 2001 1"=6. ~°o SARATOGA CALIFORNIA ~'" "' GARY G. FOOTHILL ELEMENTARY SCHOOL ~KIER & WRIGHT JDB A00154-4 b+ qNL ENGINEERS k SURVEYORS, INC. SHEET N0. WA TER LINE EASEMENT 335D Scott Baukvard, BuAdNg 22 (4oapz7-saes _ Santa Clara, CdNomb 95054 FAX (408)727-5641 2 OF 2 t•l~~l~I'P' ib'~'y71 SARATOGA CITY COUNCIL MEETING DATE: July 17, 2002 AGENDA ITEM: ~ . ORIGINATING DEPT: P lic Works CITY MANAGER: ~~~- PREPARED BY: DEPT HEAD: i. ~ SUBJECT: Motor Vehicle (MV) Resolution for the Installation of two Stop Signs on Hill Avenue, at the Intersection of Hill Avenue and Montalvo Road. RECOMMENDED ACTION: Move to adopt Motor Vehicle Resolution for the installation of two stop signs at the intersection of Hill Avenue and Montalvo Road. REPORT SUMMARY: The Public Safety Commission is recommending that two stop signs be installed on Hill Avenue, at the intersection of Hill Ave. and Montalvo Rd. These stops signs are intended to end the confusion of who has right-of--way at the Hill Ave. intersection. The local residents have requested that these stop signs be installed, which were subsequently approved by the Public Safety Commission. FISCAL IMPACTS: Approximately $500.00 in labor and materials for the City to install the signs and related markings. Funds for this expense would come from the Traffic Control Budget. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The MV Resolution would not be adopted and the parking would remain as is. ALTERNATIVE ACTION(S): Send the issue back to the Public Safety Commission for further review. Ii (1 N :': FOLLOW UP ACTION(S): The signs will be installed and the Sheriff's Department will be notified of the new conditions. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: 1. Motor Vehicle Resolution for the installation of stop signs at the intersection of Hill Avenue and Montalvo Road. 2. Vicinity Map. -.. J 2 of 2 N • RESOLUTION NO. MV- RESOLUTION FOR THE INSTALLATION OF STOP SIGNS ON HILL AVENUE, AT THE INTERSECTION OF HILL AVENUE AND MONTALVO ROAD The City Council of the City of Saratoga hereby resolves as follows: Section I: Based upon an engineering and traffic study, the following intersection shall have stop signs installed on Hill Avenue: NAME OF STREET LOCATION ACTION Hill Avenue Intersection of Montalvo Stop Signs, each Road and Hill Avenue direction on Hill. This resolution shall become effective at such time as the signs and/or markings installed. The above and foregoing resolution was passed and adopted by the City Council of the City of Saratoga at a regular meeting held on the 17th day of July, 2002, by the following vote: AYES: NOES: ABSENT: ATTEST: Cathleen Boyer, City Clerk Nick Streit, Mayor i ~~ Montalvo Roatl x D m m ~~ I- -,_ ., '-= w • D ~ (~ ~ Q m m lV ff^^ V O ~ ~ A T ~ Q V n ~ /^~ ~ VJ rF sv r < ~ o ~ _ o v ~ ~~ v~~z m ~' SARATOGA CITY COUNCIL MEETING DATE: July 17, 2002 ORIGINATING DEPT: Public Works PREPARED $Y: AGENDA ITEM: Z~ CITY MANAGER: ~~~-~-~-- DEPT HEAD: SUBJECT: Motor Vehicle (MV) Resolution Prohibiting Pazking along a portion of Farwell Avenue RECOMMENDED ACTION: Move to adopt Motor Vehicle Resolution prohibiting parking and stopping along 120 feet of frontage at 19795 Farwell (APN 397-17-041). REPORT SUMMARY: The Public Safety Commission is recommending that parking and stopping along 120 feet of frontage at 19795 Farwell Way be prohibited. These restrictions are intended to reduce the probability of a moving vehicle striking a parked vehicle, as the roadway is very narrow at this location. The owner of the above-mentioned property has requested that these parking and stopping restrictions be implemented, which were subsequently approved by the Public Safety Commission. FISCAL IMPACTS: Approximately $200.00 in labor and materials for the City to paint the curb. Funds for this expense would come from the Traffic Control Budget. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The MV Resolution would not be adopted and the parking would remain as is. ~.~ ALTERNATIVE ACTION(S): Send the issue back to the Public Safety Commission for further review. FOLLOW UP ACTION(S): The sign will be installed, curb painted, and the Sheriff's Department will be notified of the new restrictions. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: 1. Motor Vehicle Resolution prohibiting parking and stopping along a portion of Farwell Road. 2. Vicinity Map. C_.~ 2 of 2 RESOLUTION NO. MV- RESOLUTION PROHIBITING PARKIlVG ON A PORTION OF FARWELL AVENUE The City Council of the City of Saratoga hereby resolves as follows: Section I: Based upon an engineering and traffic study, the following designated portion of Farwell Avenue in the City of Sazatoga shall prohibit parking and stopping of vehicles: NAME OF STREET DESCRIPTION PARKING LIMIT Farwell Avenue 120 feet along the property No Parking or frontage of APN Stopping at any time. 397-17-041 This resolution shall become effective at such time as the signs and/or markings installed. The above and foregoing resolution was passed and adopted by the City Council of the City of Saratoga at a regular meeting held on the 17th day of July, 2002, by the following vote: AYES: NOES: ABSENT: ATTEST: Cathleen Boyer, City Clerk Nick Streit, Mayor • ~_~ _ _ ~ ~ ,~ ~-= O O • N Q ~ Z v O Z ~ (n ~ ~ O (n - ~ ~ D ~. ~ ~ v m v ~' cQ N O m N ~ z m <- '~ SARATOGA CITY COUNCIL MEETING DATE: July 17, 2002 ORIGINATING DEPT: Public Works PREPARED BY: AGENDA ITEM: ~ ~~ CITY MANAGER: ~~~ DEPT HEAD: ~ ~ ~"-~ SUBJECT: Motor Vehicle (MV) Resolution Prohibiting Pazking along a portion of Herriman Drive RECOMMENDED ACTION: Move to adopt Motor Vehicle Resolution prohibiting parking and stopping along the frontage of 20221 Herriman Drive (APN 391-O1-256) at all times. REPORT SUMMARY: The Public Safety Commission is recommending that parking and stopping along the frontage of 20221 Herriman Way be prohibited at all times. This restriction is intended to reduce the negative impacts that the property owner is currently experiencing from parked vehicles blocking the view as the resident back out of the driveway. The owners of the above-mentioned properties have requested that these parking and stopping restrictions be implemented, which were subsequently approved by the Public Safety Commission. FISCAL IMPACTS: Approximately $200.00 in labor and material for the City to paint the curb. Funds for this expense would come from the Traffic Control Budget. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The MV Resolution would not be adopted and the pazking would remain as is. ALTERNATIVE ACTION(S): Send the issue back to the Public Safety Commission for further review. '. FOLLOW UP ACTION(S): . The curb will be painted red, and the Sheriff s Department will be notified of the new restrictions. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: Motor Vehicle Resolution prohibiting parking and stopping along a portion of Herriman Way. 2. Vicinity Map. M 2 of 2 RESOLUTION NO. MV- RESOLUTION PROHIBITING PARKING ON A PORTION OF HERRIMAN DRIVE The City Council of the City of Saratoga hereby resolves as follows: Section I: Based upon an engineering and traffic study, the following designated portion of Herriman Drive in the City of Saratoga shall prohibit parking and stopping of vehicles: NAME OF STREET DESCRIPTION PARKING LIMIT Herriman Drive Along the property frontage of APN 391-O1-256 No Parking or Stopping any time. This resolution shall become effective at such time as the signs and/or markings installed. The above and foregoing resolution was passed and adopted by the City Council of the City of Saratoga at a regular meeting held on the 17th day of July, 2002, by the following vote: AYES: NOES: ABSENT: ATTEST: Cathleen Boyer, City Clerk Nick Streit, Mayor ^~ ~~ .~ O O N Q = Z ~ o v s v 0 0 n 0 00 ~, z J~~ V o ~- ~ ~_ ~ v ~~ I m ~i ~i r- ~~ ~ ~~ o ~ ~. 0~ m v 0 z m .~' SARATOGA CITY COUNCIL MEETING DATE: July 17, 2002 ORIGINATING DEPT: Public Works PREPARED BY: AGENDA ITEM: CITY MANAGER: 2~ ~~~ DEPT HEAD: ~ ~-`,c SUBJECT: Motor Vehicle (MV) Resolution Prohibiting Pazking along a portion of Tamworth Avenue RECOMMENDED ACTION: Move to adopt Motor Vehicle Resolution prohibiting parking and stopping along the frontage of 13841 Tamworth Avenue (APN 503-058-019) at all times. REPORT SUMMARY: The Public Safety Commission is recommending that parking and stopping along the frontage of 13841 Tamworth Avenue be prohibited at all times. These restrictions are intended to reduce the negative sight-distance impacts that these property owners aze currently experiencing from vehicles dropping off and picking up Foothill School students at the Northwest and Northeast comers of Tamworth and Seaton. The owners of the above-mentioned properties have requested that these parking and stopping restrictions be implemented, which were subsequently approved by the Public Safety Commission. FISCAL IMPACTS: Approximately $300.00 in labor and materials for the City to paint curbs. Funds for this expense would come from the Traffic Control Budget. CONSEQUENCES OF NOT FOLLOWING ACTION: The MV Resolution would not be adopted and the parking would remain as is. ALTERNATIVE ACTION(S): Send the issue back to the Public Safety Commission for further review. FOLLOW UP ACTION(S): The curb will be painted, and the Sheriff s Department will be notified of the new restrictions. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: 1. Motor Vehicle Resolution prohibiting parking and stopping along a portion of Tamworth Avenue. 2. Vicinity Map. 2 of 2 RESOLUTION NO. MV- RESOLUTION PROHIBITING PARKING ON A PORTION OF TAMWORTH AVENUE The City Council of the City of Saratoga hereby resolves as follows:' Section I: Based upon an engineering and traffic study, the following designated portion of Tamworth Avenue in the City of Saratoga shall Prohibit parking and stopping of vehicles: NAME OF STREET DESCRIl'TION PARKING LIMIT Tamworth Avenue 200' along the property No Parking or frontage of APN Stopping at any Time 503-058-019 This resolution shall become effective at such time as the signs and/or markings installed. The above and foregoing resolution was passed and adopted by the City Council of the City of Saratoga at a regular meeting held on the 17th day of July, 2002, by the following vote: AYES: NOES: ABSENT: Nick Streit, Mayor ATTEST: Cathleen Boyer, City Clerk ~, ~-'-- _~ ~, r 0 rn v ~- D m c m O O • N Q. z 0 0 -~ ~' cQ -v v ~' N O m z m SARATOGA CITY COUNCIL MEETING DATE: July 17, 2002 ORIGINATING DEPT: City Manager PREPARED BY: AGENDA ITEM: CITY MANAGER: ~~C~"-"-~ DEPT HEAD: SUBJECT: Resolution Ordering the Abatement of a Public Nuisance By Removal of Hazardous Weeds RECOMMENDED ACTION: Open public hearing; close public hearing; adopt resolution. REPORT SUMMARY: The attached resolution represents the second step in Sazatoga's weed abatement program administered by the County Fire Mazshall. The County has sent owners of the pazcels requiring weed abatement notices informing them that the weeds must be abated, either by the owners or by the County. The notice also informed them that they may present objections at tonight's public hearing. A representative from the County Fire Marshall's Office will be attending the meeting to answer any questions Councilmembers may have on this topic. FISCAL IMPACTS: None to the City. County recovers its costs from administrative portion of fee charged to property owner. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: Abatement process by the County will not proceed. It would be necessary to depend upon the property owners to take care of their own abatement. ALTERNATIVE ACTION: None. FOLLOW UP ACTION: Upon adoption, the County will begin abatement. ADVERTISING, NOTICING AND PUBLIC CONTACT: A Notice of Public Hearing was published in the Sarato a News on July 3, 2002 as required by law. The County mailed notices to all of the affected property owners. ATTACHMENTS: Attachment A -Resolution RESOLUTION NO. 02- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA ORDERING ABATEMENT OF A PUBLIC NUISANCE BY REMOVAL OF HAZARDOUS WEEDS WHEREAS, the Saratoga City Council has declared hazazdous weeds growing on certain properties to be a public nuisance by Resolution No. 02-036 adopted June 5, 2002; and WHEREAS, the County Fire Marshal did give notice to all property owners of land on which hazazdous weeds which have been declazed a public nuisance are growing; and WHEREAS, a public heazing on said notice was held on July 19, 2002; and WHEREAS, final action on any protests or objections to the proposed removal of weeds has been made by the City Council. NOW, THEREFORE, IT IS ORDERED that the County Fire Marshal shall cause the abatement of hazazdous weeds as designated by resolution dated June 5, 2002, by having said weeds destroyed or removed, and any property owner shall have the right to destroy or remove such weeds himself or herself, or have the same destroyed or removed at his or her own expense, provided that such weeds shall have been removed prior to the arrival of the County Fire Marshal or his authorized representative to remove them. The above and foregoing resolution was passed and adopted by the Sazatoga City Council at a regular meeting held on the 17th day of J 2002, by the following vote: AYES: NOES: ABSTAIN: ABSENT: Nick Streit, Mayor ATTEST: Cathleen Boyer, City Clerk r SARATOGA CITY COUNCIL MEETING DATE: July 17, 2002 AGENDA ITEM: ~~ ORIGINATING DEPT.: Community Development CITY MANAGER: ~~~ PREPARED BY: Lata Vasudevan DEPT. HEAD: y-~~ SUBJECT: Zoning Ordinance Amendment -Requirements for Basements RECOMMENDATION: Staff recommends that the City Council conduct the public hearing, introduce the Zoning Ordinance amendment, give the Ordinance First reading and direct Staff to place the matter on the Consent Calendar for the next City Council Agenda for Second Reading and Adoption. DISCUSSION: On June 19, 2002, the City Council reviewed the proposed amendment to the Zoning Ordinance with regard to requirements for basements. The City Council raised several issues and decided to continue the matter to the July 17, 2002 City Council meeting. As described below, Staff has revised the proposed amendment to reflect comments raised by the City Council. Definition of "Basement" At the June 19, 2002 City Council meeting, several Council members had comments regarding basements on hillside lots. Staff has revised the proposed definition of basement by including a provision where if eighty percent or more of a space within a structure does not exceed forty-two inches above grade then the entire space is a basement that shall not be included in the floor area calculation. The proposed amendment also requires that if more than twenty percent of the space exceeds forty-two inches above grade, then only a portion of the space is considered floor area and a story. Staff finds that the language of the proposed amendment accommodates all of Council's comments. Development Requirements for Basements and Li~htwells A question was raised at the June 19, 2002 City Council meeting of whether the proposed amendments applied to only residential zoning districts. The definitions of "basement" and "lightwell" would apply to all zoning districts. However, the proposed amendment to Municipal Code Section 15-45.065 `Administrative Design Review' would apply only to single family dwellings. Staff has also added a sentence under the proposed `Development Requirements for + Basements and Lightwells' section that the specific requirements for setbacks of basements and lightwells would apply to any A, R-1, HR, R-OS or R-M zoning district, excluding. any C or P-A zoning district. Nevertheless, based on Planning Commission's direction Staff is proposing that all new basements citywide shall obtain geotechnical clearance and address grading and drainage issues. At the June 19, 2002 meeting, the City Council did not make any comments regazding the proposed requirement that there shall be no basement beneath any accessory structure. Accessory structures are restricted to one-story and are typically used as pool cabanas, gazages, guesthouses or storage sheds. In addition to limiting the off haul of soil, the Planning Commission felt that the use of accessory structures should not be intensified by adding a basement level. The City Council shall discuss this requirement and decide to either modify, delete, or keep this requirement as proposed. FISCAL IMPACTS: None ADVERTISING, NOTICING AND PUBLIC CONTACT: The public hearing was properly advertised in the Saratoga News on June 5, 2002. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): If the proposed Zoning Ordinance amendment is not adopted, then the Planning Commission and Staff will not be able to adequately assess the impacts of proposed basements on the neighborhood, soil conditions, groundwater conditions and drainage. If the amendment regarding the definitions of `Basement and `Lightwell' is not adopted, then Planning Staff and applicants for development projects, particularly in hillside lots, will not have written clarification on `Basement' and `Lightwell' requirements. ALTERNATIVE ACTIONS: 1. Leave the Zoning Ordinance as it is currently written. 2. Modify and adopt the proposed Zoning Ordinance amendment, 3. Adopt only a portion of the proposed Zoning Ordinance amendment. FOLLOW UP ACTION(S): Staff recommends adoption of the proposed Zoning Ordinance amendment at the next City Council meeting. ATTACHMENTS: Draft Zoning Ordinance Amendment regarding Requirements for Basements C ~ ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF SARATOGA REGARDING REQUIREMENTS FOR BASEMENTS THE CITY COUNCIL OF THE CITY OF SARATOGA DOES ORDAIN AS FOLLOWS: Section 1. Findings. A. The Planning Commission has conducted a public hearing to consider amendments to the Zoning Ordinance with regard to requirements for basements in all zoning districts, and has adopted a Resolution recommending that the City Council amend Chapter 15 `Zoning Regulations' of the City Code. B. The Ordinance amends Chapter 15 `Zoning Regulations' of City Code to provide clarification on the definition of `Basement' and provide for adequate means to assess the impacts of basements for the general protection of the health, safety and welfare of the community. Section 2. Adoption. Specific sections in Chapter 15 `Zoning Regulations' of the City Code are hereby amended as set forth below. New and replacement text are indicated in bold italic font (e.g., bold italic) and deleted text is indicated in strikeout font (e.g., strikest}t) The standard font of the City Code remains unchanged by this Ordinance. The amendment to Chapter 15 Zoning Regulations is as follows: 15-06.090 Basement. ~~ « » rt,o ,.o:r„rt .,F «>,o ti,.,~o„,o„. "Basement" means a space in a structure that is partly or wholly below grade and where the vertical distance from grade to a finished floor directly above such space is less than or equal to forty-two inches. (See Figure la) If the finished floor directly above the space is more than forty-two inches above grade at any point along the perimeter, such space shall be considered a story, and the entire space shall be included in t1:e calculation of gross floor area. This requirement applies to all lots, wit/z the exception of hillside lots. Fnished floor 42 inches ~J i Basement ~ ~_-_ __~ Section Figure I a 4 r On hillside lots, as defined in Section IS-06.420(e), only the portion of space where the . vertical distance of tl:e finished floor directly above such space is more than forty-two inches above grade shall be counted as floor area and considered a story. The number of stories measured vertically at any given point shall not exceed the maximum number of stories allowed in each zoning district. (See Figure Ib) However, if the vertical distance of the finished floor above the space is not more than forty-two inches above grade for at least eighty percent of area of such space, then the entire space is a basement that shall not be included in the calculation of gross floor area and shall not be considered a story. (See Figure Ic) -r 2 stories 2 stories4 ' t t Floor Basemen[ Area ~,- Area (not a story) Portion where Section vertical height from floor above Less than 80% of area to grade exceeds 42 inches ~ Floor Area Basemen[ (no floor area) Plan Figure I b Portion where vertical height from floor above to grade i exceeds 42 inches Basement ~ __ ~ __ Section Basemen[-80%of Basement area of space is not (no floor area) L more than 42 inches b d ove gra a e. Plan • Figure I e As used herein, the term "grade" shall mean either tl:e natural grade or finished grade adjacent to the exterior walls of tl:e structure, whichever is lower. The Conzn:zuzity Development Director shall make the determination for sites where it is unclear as to wlzicl: is the natural and which is the finished grade. All basements are subject to the requirements of Section IS-80.xxx 15.06.xxx Lightwell. "Lightwell" means an excavated area adjacent to a building that extends no more than four feet (4') measured horizontally from the building perimeter to the interior wall of the lightwell, that is enclosed on four sides, that is open at the top, and allows Light into a below grade level of a building. Liglztwells shall have guardrails and gates in compliance with the Uniform Building Code. 15-45.065 Administrative design review. (a) In each of the following cases, no building permit shall be issued for the construction or expansion of asingle-family structure or structure in any A, R- 1, HR, or R-OS district until such structure has received administrative design review approval by the Community Development Director, pursuant to this Article: (1) New single-story residences. (2) Major additions in size, defined as either the addition of fifty percent or more of existing main or accessory structure or as a one hundred square feet or greater addition to the second story of a main or accessory structure. (3) Addition of a basement to an existing structure and enlargement of existing basements. 15-80.xxx Requirements for Basements and Lightwells. The following requirements shall apply to basements in any A, R-1, HR, R-OS or R-M district, with the exception of requirements (e) and (~ below, which shall apply to all districts. (a) A basement shall be located entirely beneath the building footprint of the main structure, includizzg attached garage, and may not be located within any required setbacks. (b) Lightwells may not be located within any required setbacks. (c) A basement shall be a one level structure with a maximum floor to ceiling height of twelve feet. Floor, in this case, means finished floor; and ceiling means the bottom level of the ceiling framing members. (d) A basement shall not be located beneath any accessory structure. (e) All proposed basements and additions to basements shall obtain geoteclznical clearance. The Applicant shall submit to the Planning Department a Geologic and Geotecltnical Report prepared by a certified engineering geologist and registered geotechnicaZ engineer. The Geologic Report shall include an analysis of groundwater conditions prepared by a certified hydrogeologist. (~ Applicant shall submit to the Planning Department a Grading and Drair:age Plan • stamped arzd signed by a Registered Civil Engineer. Water collected from a basement shall either be transported to a nearby City storm drain inlet or to another drainage facility. The method of drainage shall be reviewed and approved by the Community Development Director and the Public Works Department. The size of a proposed basement may be limited based on drainage issues or issues raised in the geologic and geotechnical reports. Section 3. Severance Clause. The City Council declares that each section, sub-section, pazagraph, sub-pazagraph, sentence, clause and phrase of this Ordinance is severable and independent of every other section, sub- section, sentence, clause and phrase of this ordinance. If any section, sub-section, paragraph, sub- paragraph, sentence, clause and phrase is held invalid, the City Council declares that it would have adopted the remaining provisions of this Ordinance irrespective of the portion held invalid, and further declares its express intent that the remaining portions of this Ordinance should remain in effect after the invalid portion has been eliminated. Section 4. Publication This ordinance or a comprehensive summary thereof shall be published in a newspaper of general circulation of the City of Saratoga within 15 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 17'" day of July 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 SARATOGA CITY COUNCIL MEETING DATE: July 17, 2002 AGENDA ITEM: ~~~ CITY MANAGER: O"~~ PREPARED BY: Thomas Sullivan, AICP DEPT HEAD: - SUBJECT: Zoning Ordinance Amendment -Single Story Overlay Restriction ORIGINATING DEPT: Community Development RECOMMENDED ACTION(S): Staff recommends the Ciry Council conduct the Public Hearing, introduce the Ordinance Amendment, give Che Ordinance First Reading and direct Staff to place the matter on the Consent Calendar for the next City Council Agenda for Second Reading and Adoption REPORT SUMMARY: On January 16, 2002, the Saratoga City Council adopted Resolution No. 02-004 directing the Planning Commission to study and report back to them on a proposal to establish a single story limitation in the Saratoga Woods Neighborhood. This neighborhood is generally bordered by Cox Avenue on the south, Saratoga Avenue on the east, Saratoga Creek on the west and Prospect High School on the north. The City Council in adopting the Resolution directed Staff to conduct a poll of all of the property owners the Saratoga neighborhood to determine the breadth of interest of establishing a zoning overlay restriction to limit the area to single stories only. The City Council further directed Staff to report the findings of that poll to the Planning Commission who would then consider the issue in an advertised public hearing and report their findings to the City Council. On Apri110, 2002 the Planning Commission was presented with the results of the polling and directed Staff to prepare a draft Ordinance, advertise the hearing and agendize the matter. The results of the polling in the Saratoga Woods neighborhood are as follows: Su ort 178 66% of those res ondin 44% of total mailin O ose 82 30% of those res ondin 20% of total mailin Total 260 65% of total mailing Responding Returned 11 3% of total mailing Mail/ Undecided Number of 401 Postcards Sent Out Did Not 130 '' 32% of total mailing Res and The Saratoga Woods neighborhood is predominately single story dwellings. Staff has attached a map indicating where two story structures exist. The map distinguishes between original construction and newer additions. In Saratoga Woods, there were 26, original 2-story homes, this includes three that had finished attics above the garages. In Saratoga Woods, there have been seven 2°d story additions. There are 394 dwellings in the Saratoga Woods neighborhood. A restriction such as the one proposed is intended to protect neighborhood compatibility, privacy and character. The restriction would disallow any new second story additions and disallow any two story reconstructions in the Saratoga Woods neighborhood. The existing two story dwellings would be exempt from this ordinance. The R-I-10,000 zoning district allows 60% structure coverage, as such existing single story dwellings will qualify for additions. The map attached to the draft resolution depicts where the exempt lots are located. FISCAL IMPACTS: None CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): The City will deal with individual applications on a case be case basis. ALTERNATIVE ACTION(S): 1. Choose not to establish a Single Story Overlay District for the Saratoga Woods Neighborhood. 2. .Change the language of the proposed amendment to allow second stories adjacent to existing two story dwellings FOLLOW UP ACTION(S): Place the item on the Consent Calendar of the next City Council Agenda for second reading and adoption. ADVERTISING, NOTICING AND PUBLIC CONTACT: This item has been properly advertised, posted and noticed. ATTACHMENTS: 1. Plannuig Commission Resolution granting Negative Declaration of Environmental Impact 2. Plam~ing Commission Resolution recommending that the City Council amend the Saratoga Zoning Code by establishing a Single Story Overlay Zone for the Saratoga Wood Neighborhood 3. A map of the Saratoga Woods Neighborhood indicating where existing 2-story dwellings are located. 4. Draft Ordinance establishing a Single Story Overlay District for the Saratoga Woods Neighborhood. 2of2 Attachment 1 RESOLUTION NO. 02-034 Application No. 02-083 CITY OF SARATOGA PLANNING COMMISSION STATE OF CALIFORNIA Environmental Determination for Zoning Ordinance Amendment Establishing a Single Story Limitation in the Sazatoga Woods Neighborhood WHEREAS, the Planning Commission held a duly noticed Public Hearing at which time all interested pazties were given a full opportunity to be heazd and to present e~~idence; and WHEREAS, the Commission has determined that they will recommend to the Ciry Council that they amend the Zoning Ordinance provisions for the Saratoga Woods Neighborhood, and Whereas, the Planning Commission has reviewed the information included in the Initial Study of Environmental Impact attached hereto. NOW, THEREFORE, the Planning Commission of the City of Saratoga does hereby resolve as follows: Section 1. After careful consideration of the information provided in the Staff Report and from verbal testimony, the Planning Commission determines that there are no environmental impacts associated with the proposed Zoning Ordinance amendment. Section 2. Unless appealed pursuant to the requirements of the Saratoga Ciry Code and the California Environmental Quality Act, this Resolution shall become effecrive fifteen (15) days from the date of adoption. PASSED AND ADOPTED by the City of Saratoga Planning Commission, State of California on May 22, 2002 by the following roll call vote: AYES: Gazakani, Hunter, Kurasch, Zutshi, and Chair Jackman NOES: None ABSENT: Barry &t Roupe ABSTAIN: None Chair, Planning Commission ATTEST: • Secretary to the Planning Commission Attachment 2 APPROVAL OF RESOLUTION No. 02-035 APPLICATION 02-083 CITY OF SARATOGA PLANNING COMMISSION STATE OF CALIFORNIA WHEREAS, the City of Sazatoga Planning Commission received direction from the Ciry Council to Study and Report back on establishing a single story Zoning Overlay District for the Saratoga Woods Neighborhood; and WHEREAS, a poll of the neighborhood reveled that a 66% majority of those responding were in favor of restricting the neighborhood to single story development; and WHEREAS, the Planning Commission held a duly noticed Public Hearing at which time all interested parties were given a full opportunity to be heazd and fo present evidence; and WHEREAS, the Planning Commission has made the following findings: ^ The proposed restriction is in accord with the objectives of the General Plan indicates in L. U. S.0 that new construction and major additions thereto aze compatible with the site and the adjacent surroundings. That the proposed single story limitation for the Sazatoga Woods Neighborhood will not be detrimental to the public health, safety or welfaze, nor be materially injurious to the properties or improvements in the vicinfry as it will protect the existing cohesive design compatibility. ^ That the proposed single story limitation will comply with the intent of Policy 1, Techniques #4 and #5 found in the Residential Design Handbook. ^ That the proposed single story limitation will comply with the intent of Policy 3 of the Residential Design Handbook which states, "Residential privacy is a key ingredient in the quality of life in Saratoga. NOW, THEREFORE, the Planning Commission of the City of Saratoga does hereby resolve as follows: Section 1. After careful consideration of all of the issues, the Planning Commission does hereby recommend that the City Council amend the Sazatoga Zoning Code, Article 15-10.010 by adding subsecrion (1) to read as follows: "(1) R-1-10,000 Single Story Overlay District for the Saratoga Woods Neighborhood. Any single story addition or replacement construction shall be limited in height to the height of the contiguous single story dwellings. The existing two story dwellings within the Saratoga Woods Neighborhood are exempt from the provisions of this single story limitation. The boundaries of the Saratoga Woods Neighborhood and the exempted lots are shown on the following map" PASSED AND ADOPTED by the Ciry of Saratoga Planning Commission, State of California, on May 22, 2001 by the following roll call vote: AYES: Garakani, Hunter, Kurasch, Zutshi ~ Chair Jackman NOES: None ABSENT: Barry 62 Roupe ABSTAIN: None Chair, Planning Commission ATTEST: Secretary to the Planning Commission Attachment 3 2-Story Original 2-Story Over Garage Attachment 4 ORDINANCE AN ORDINANCE AMENDING THE ZONING CODE OF THE CITY OF SARATOGA ESTABLISHING A SINGLE STORY OVERLAY DISTRICT FOR THE SARATOGA WOODS NEIGHBORHOOD 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 amendments to the zoning code with respect to limiting the number of stories allowed in the Saratoga Woods Neighborhood and has adopted a Resolution recommending the City Council amend the Ciry Code. B. The adoption of a Single Story Overlay District will implement various policies and techniques of the Residential Design Handbook by protecting the privacy of all existing dwellings, by minimizing the height, bulk and mass of any addition, remodel or reconstruction in the Saratoga Woods Neighborhood. C. This ordinance amends the City Code to provide a Single Story Overlay District that limits existing homes in the Saratoga Wood Neighborhood to one story. D. This ordinance amends the City Code to provide that any remodel, addition or reconstruction be limited in height Co the height of the contiguous single story dwellings. Section 2. Adoption. Section 15-10.010 is hereby amended by adding subsection (1.) to read as follows: "(1.) R-1 Io,000 Single Story Overlay District for the Saratoga Woods Neighborhood. Any single story addition or replacement construction shall be limited in height to the height ofthe contiguous singlestory dwellings. The existingtwo story dwellings within the Saratoga Woods Neighborhood are exempt from the provisions of this single story limitation. The boundaries of the Saratoga Woods Neighborhood and the exempted lots ate shown on thefollowingmap. " Section 3. Severance Clause. The Ciry 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 Ciry Council of the City of Saratoga held on the 17 day of July, 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 SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. AGENDA ITEM ~-l~ MEETING DATE: July 17, 2002 CITY MANAGER: ~..~~i--~--- ORIGINATING DEPT: City Attorney PREPARED BY: Richard Taylor SUBJECT: Ordinance establishing the manner in which membership terms on City commissions are staggered RECOMMENDED ACTION: Open the public hearing and accept public testimony on the ordinance then close the hearing and introduce and waive first reading of the attached ordinance. Direct staff to place the second reading and adoption of the ordinance on the consent calendar for the next regular Council meeting. Direct staff to prepare a resolution establishing the terms of Commissioners on each Commission. REPORT SUMMARY: Following the adoption of procedures regarding city Commissions, the City Council directed staff to prepare an ordinance revising the way in which membership terms on City commissions are staggered, so as to avoid the loss of a significant portion of Commission membership in a single year and to increase the frequency with which members of the Community have an opportunity to apply for positions on City commissions. Currently, most Commission terms are structured that four temrs expire one year, none the next, three the following year, none the next, and so on. The attached ordinance would make approximately an equal number of seats on each commission subject to appointment each year by staggering the expiration dates of the terms of the Commissioners on each Commission. Thus, for most Commissions two terms would expire each year and every fourth year only one term would expire. The standard term of membership would continue to be four years, and members would continue to be subject to a limit of two full consecutive terms on a single commission. The staggered term requirement would not apply to the Youth Commission. r To allow the transition to the new schedule of membership terms, the attached ordinance would temporarily authorize the City Council to establish terms of less than four years. The three-year terms would not be counted for purposes of the two-term limit. Each of these issues is discussed in more detail below. SUMMARY OF ORDINANCE: Section 2.1 of the ordinance adopts a new subsection (c) in Section 2-12.12 of the Sazatoga City Code to provide that the terms of Commissioners on City commissions shall be staggered, such that for each Commission the terms of approximately an equal number of Commissioners shall expire each year. With regard to the standazd situation in which a Commission has seven seats, section 2-12.12(c) provides that, for every four- year cycle, the terms of two Commissioners would expire in the first, second, and third years, and the term of the remaining Commissioner would expire in the fourth yeaz. This section does not apply to the Youth Commission. Section 2.2 of the ordinance adopts a new section 2-12.12(d) of the Sazatoga City Code to authorize the City Council to appoint Commissioners to terms of less than four years, in order to allow the transition from the current schedule of membership terms to the schedule of membership terms established by section 2.1 of the ordinance. This section also provides that during the transitional period, terms of less than four years shall not be considered "full terms" for purposes of the two-term limit established in the earlier Commission Procedures ordinance (Section 2-12.12(b)). Section 2-12.12(d) would be of no further force and effect after the transition period is completed in 2006. A table illustrating how the ordinance would effect projected turnover on the Commissions is attached. The table shows the expiration date for each current Commission term, the expiration date of the next term under the current replacement schedule and the expiration of the next term under the replacement schedule that would be required under the proposed ordinance. The ordinance would be implemented by the Council adopting a resolution specifying the length of the term for the next appointment to each Commission seat. For example, for the Arts Commission the Council would declare that when the three terms expiring in 2004 are filled, one Commissioner will be appointed to a three year term expiring in 2007 and two Commissioners will be appointed to four year terms ending in 2008. The resolution would further provide that when the remaining four terms expire in 2006, two Commissioners will be appointed to a three yeaz term expiring in 2007 and two Commissioners will be appointed to four yeaz terms ending in 2008. By the end of 2006 the Commission will be structured such that one term expires in 2007 and two terms expire in each of the next three years. 2 The resolution would be brought to Council following the effective date of the ordinance. Alternatives The Council could elect to not adopt the ordinance. This would continue the current practice of subjecting approximately one half of the members of each City commission to appointment every two years. The Council could adopt a provision requiring each applicant for appointment to a City Commission to state whether the applicant is applying to serve athree-year term, a four-year term, or either. This requirement can also be implemented informally by amending the City's Commission application. The Council could provide that the three-year terms established by the Ordinance constitute full terms for purposes of the two-term limit established in Section 2-12.12(b) of the Code. FISCAL IMPACTS: No significant fiscal impacts. ADVERTISING, NOTICING AND PUBLIC CONTACT: Notice for this meeting. CONSEQUENCES OF NOT ACTING ON RECOMMENDED MOTION: Discussed above. ATTACHMENTS: Chart Showing Schedule of Membership Terms Under Current Pracfice and Under the Ordinance. Draft Ordinance. Existing and Proposed Staggered Terms ARTS COMMISSION Position Current Term Next Term Ends Next Term Ends Ends (Current Schedule) (Proposed Schedule) t^omtnissan Seat :I 04f04 O~~f18 <. 04/0:7 Commission Seat 2 04/04 04/08 __ 04/08 c~tmm~~~~n Seat 0~~~ ~~~as Oaro`s Commission Seat 4 04/06 04/10 04/09 t©rnmtsx~~n ,Self ~ 04/06 ~ 04II#1 04/€J Commission Seat 6 04/06 04/10 04/10 FINANCE COMMISSION Position Current Term Next Term Ends Next Term Ends Ends (Current Schedule) (Proposed Schedule) ~~zntntssioan Seat,1 > ~fli~3 1QI~17 X0(05 (CUrr~nt~y vacanf) ;; ;' • Commission Seat 2 10/03 10/07 __ 10/07 otzu7at;~s~vn Spat 3 IOl03 1(110'7 IOI(2`~ Commission Seat 4 10/OS 10/09 10/08 Gornm~sson Seat ~ ? IOt~~ 10109 1QJQ8 Commission Seat 6 10/OS 10/09 10/09 HERITAGE PRESERVATION COMMISSION Position Current Term Next Term Ends Next Term Ends Ends (Current Schedule) (Proposed Schedul ramm~sson Seat l ? 04I04. < < t1~108 0410;7 Commission Seat 2 04/04 04/08 04/08 ~tru€~soo S~at:~ '; 0104 ' 04108 04I(#8 Commission Seat 4 04/06 04/10 04/09 lbsnan~s~onSeaf.~ < 04106 #1~(ltl 04/Q9 Commission Seat 6 04/06 04/10 04/10 4 LIBRARY COMMISSION Position Current Term Next Term Ends Next Term Ends Ends (Current Schedule) (Proposed Schedul Commission Seat 2 10/02 10/06 10/Os Commission Seat 3 1t1f0~ 1;106 10106 , Commission Seat 4 10/02 10/06 10/06 c~ias~~n seal s z41rt34 1~i4~s lo~a7 Commission Seat 6 10/04 10/08 10/08 PARKS & RECREATION COMMISSION Position Current Term Next Term Ends Next Term Ends Ends (Current Schedule) (Proposed Schedule) Caitutazssza~ Seat 1 ': ~.Ol#3~ : ltllt3~ 1.0106 Commission Seat 2 10/03 10/07 10/06 ~anixrnssiau Seat 3 1(3433 11)1(17 10!417 Commission Seat 4 10/03 10/07 10/07 . 'Coi~tni~sic~z£ seats 1(31(3;: 1't3109 1OIQ8 Commission Seat 6 10/05 10/09 10/09 Coimission Seat 7 __ ! 111105: _ 113109 10109 PLANNING COMMISSION Position Commission Seat 2 Current Term Ends 04/03 04/07 Next Term Ends 04/06 Commission Seat 4 04/03 04/07 04/07 Cornmssstctn Beat s ~ t1410s-;; 04109 04!'08 Commission Seat 6 04/05 04/09 04/09 i Coxttissto~ eat 7 ? 04105 _ ~lIt19 04(139 _ .. Next Term Ends 5 PUBLIC SAFETY COMMISSION Position Current Term Next Term Ends Next Term Ends Ends (Current Schedule) (Proposed Schedule) Cotnm~ss~on€ Seal 2 €. 641t?~; #7'~lf~~ 44I:~7 Commission Seat 2 04/04 04/08 04/07 Cc~~z~~ssaox~ Seal ~ !! 04I~4 ` tI08 i}4J08 Commission Seat 4 04/04 04/08 04/08 Commission Seat 6 04!10 04/10 C~ 6 ORDINANCE AN ORDINANCE ESTABLISHING STAGGERED TERMS FOR COMMISSIONERS APPOINTED TO CITY COMMISSIONS THE CITY COUNCIL OF THE CITY OF SARATOGA DOES ORDAIN AS FOLLOWS: Section 1. Findings. A. The City of Saratoga has established a number of commissions to advise the City Council in reviewing, establishing, and implementing City policy in a number of azeas. Commissioners provide an invaluable service to the City and their participation in these civic affairs goes to the very heart of representative democracy at the local level. B. The City Council has established common requirements regazding qualifications, attendance, removal, vacancies, meetings, and rules of procedure for all City Commissions. C. Currently, each Commission has new Commissioners appointed to four year terms every other yeaz. In one year, four Commissioners may leave a Commission and be replaced by new Commissioners. In the next year there are no new Commissioners and in the following year, three Commissioners may leave and be replaced by new Commissioners. D. The City Council wishes to increase the frequency with which interested citizens may apply for a seat City Commissions and to avoid the loss of significant expertise at a single time. Therefore, this ordinance amends the Saratoga City Code to provide that the terms served by the Commissioners on each Commission shall be evenly staggered. Specifically, on each Commission, the terms of approximately an equal number of Commissioners shall expire each year, and those Commission seats will be open to qualified applicants. E. In order to make the transition from the current schedule of dates on which Commissioner terms expire to the staggered schedule established by this ordinance, section 2.2 of this ordinance authorizes the City Council to appoint Commissioners to transitional terms of less than four years through 2006. Ordinance No. Section 2. Adoption. Section 2.1. Staggered Terms. Article 2-12 of the Saratoga City Code is hereby amended by adding the following paragraph (c) at the end of section 2-12.12: "(c) For each Commission, the terms of the Commissioners shall be staggered such that each year the four year terms of approximately an equal number of the Commissioners shall expire. Where a Commission has seven Commissioners, the terms of two Commissioners shall expire each year except that in the year after the first six Commission terms have expired, only one term shalt expire. The limitations set forth in this paragraph (c) shall not apply to the Youth Commission. Section 2.2. Transitional Terms. Article 2-12 of the Saratoga City Code is hereby amended by adding the following paragraph (d) at the end of section 2-12.12: "(d) Notwithstanding paragraph (a) of this section, where the terms of Commissioners on a Commission do not comply with paragraph (c) of this section, a Commissioner maybe appointed to a term less than four years for the purpose of making the terms of the Commissioners on the Commission comply with paragraph (c). No term shall be reduced after a Commissioner is appointed to serve the term, except as otherwise provided by this Code. For purposes of paragraph (b) of this section, a term of less than four years established pursuant to this paragraph is not a full term. This paragraph shall be of no further force and effect after December 31, 2006. Section 3. Publication. This Ordinance shall be published once In a newspaper of general circulation of the City of Saratoga within fifteen days after its adoption. Ordinance No. ~~ The foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Saratoga held on the 17th day of July 2002 and adopted by the following vote following a second reading on the [7th day of August 2002J: AYES: NOES: ABSENT: MAYOR, CITY OF SARATOGA, CALIFORNIA ATTEST: CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY Ordinance No. SARATOGA CITY COUNCIL MEETING DATE: July 17, 2002 AGENDA ITEM: ORIGINATING DEPT: Publ(i~cnW^or~?ks PREPARED BY: ~'~"`V~-u"'"`L- CITY MANAGER: DEPT HEAD: ~ ~ C ~' , SUBJECT: Azule Park - Consideration of Knollwood Ct. Pedestrian Access RECOMMENDED ACTION(S): Approve inclusion or exclusion of pedestrian access to Azule Park via Knollwood Ct. REPORT SUMMARY: At the March 20th City Council Meeting the 100% Azule Park design plans were approved, however the decision to include or exclude a pedestrian access from Knollwood Ct. was postponed until a full Council was present. Background During the Azule Pazk design stage it became known that residents who reside close to the proposed Knollwood Ct. entrance were opposed to its construction. In order to determine the concerns of these residents, a meeting was held with the Knollwood Ct. residents and a survey was mailed to the Azule area residents that would most likely use this access to the park (see attached survey). The meeting was productive and a list of various safety and traffic concerns were generated (please see attached list). 48 out 188 questionnaires were returned with 26 in favor and 22 against the entrance (see attached survey summary). At the 75% design approval meeting the Parks and Recreation Commission. took public comment in regard to the Knollwood Ct. entrance. The Parks and Recreation Commission voted 4-1 in favor of entrance. Subsequently, residents in the Knollwood area asked that the issue be presented to City Council for final decision (please see attached appeal petition from Knollwood area residents). If the Knollwood access is excluded from the design a list of other uses of the area where the pathway is proposed is attached. FISCAL IMPACTS: Depends on Council's decision. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): The Azule Park project would not move forwazd until a decision to include or exclude the Knollwood Access was made. ALTERNATIVE ACTION(S): None in addition to the above. FOLLOW UP ACTION(S): Depends on Council's decision. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: 1. Knollwood Area Survey. 2. Letter to Knollwood Residents. 3. Knollwood Ct. List of Concerns Regarding Access. 4. I{nollwood Area Survey Summary. 5. Knollwood Area Resident Petition. 6. Design Options for Access Area. i 2 of 2 Attachment 2 Azule Park Neighborhood Survey Background City Staff has developed this survey to evaluate the desirability of having pedestrian access to Azule Park via Knollwood Court. Instructions Please answer the following question by circling the appropriate response: 1) Do you support an entrance to Azule Pazk on Knollwood Court? a) Yes b) No Comments: Please return completed survey by May 3, 2002 to: City of Sazatoga Public Works Department 13777 Fruitvale Avenue • Sazatoga, CA 95070 Attn: Cary Bloomquist For further information, please contact Cary Bloomquist in Public Works At 868-1258. Thank you for taking the time to complete this survey-your input is appreciated. Attachment 3 • April 19, 2002 RE: Azure Park Project Neighborhood Meeting Regarding Proposed Park Entrance on I{nollwood Court Dear Knollwood Court Residents: Last year, City Council approved the Master Plan for Azule Park. This was the first step in the development of the park. At a meeting this past January, City Council awazded the design contract for Azule Park to MPA Design. After receiving direction from Council, the Pazks and Recreation Commission formed the Azule Park Task Force and started holding meetings this past February. The task force is comprised of representatives from the local neighborhood, the Parks and Recreation Commission, City Staff, and MPA Design. During the past several months, the task force has met 3 times, and has developed 25% construction drawings. An entrance to Azule Park on Knollwood Court is being considered. The City would like to receive your comments and suggestions regazding this proposed park entrance before proceeding further. How to provide input? A ICnollwood Court Neighborhood Meeting will be held on Thursday, Apri125, 2002 at 7:00 p.m. Location: City Hall, 13777 Fruityale Avenue. Ali Knollwood Court Residents are strongly encouraged to attend. If you cannot attend, please provide your comments / feedback to me at the number / email address listed below. Questions? Please contact me at 868-1258 or email, cbloomquist@sazatoga.ca.us. Your valuable input is greatly appreciated and I look forward to meeting with you next week. Sincerely, Cary Bloomquist Public Works Department Attachment 4 To: Azule Pazk Task Force From: Cary Bloomquist Date: 5/31/02 Re: Summary of Meeting with Knollwood Court Residents on Thursday, April 25, 2002. The City held a meeting with Knollwood Court residents on Thursday, Apri125 to shaze information regarding the Azule Pazk Project and to receive comments / feedback from residents regazding the placement of an entrance to Azule Pazk on Knollwood Court. Of the 5 households within Knollwood Court, 3 attended the meeting expressing the following concerns: Traffic / Parkin: • Capacity of Court limits street parking and places burdens on residents (esp. when guests or family visit). • Logistics / Geometrics of Court are not conducive to efficient parking or through traffic flow. • Vehicle turning movements in the court are not compatible with pedestrian / cycling traffic. • Driveway sight distance for residents backing out of their driveway is an issue. • Increased traffic /vehicle flow • No street lights or sidewalks Safe • Sight distance /pedestrians • Crime • Loitering • Drinking • Vandalism • Theft ~, ;3 .~:n~,~ ~ g ~ , '~ ' t € s ~, } ~ s 5 qCt ~ :.^''~' m~2~{ :~%7~ ~ u -+ Jit } 4 ± L ¢ May 31, 2002 Neighborhood Children Safety Trespassing Using Court for other activities Other Comments• Access without Knollwood Court gate is no further than other distance to the pazk main entrance. Does pathwaybenefit overall usage ofpazk? The residents who attended the meeting, in addition to one resident who send in a letter comment, do not support the placement of an entrance to Azule Pazk on Knollwood Court. C~ 2 ~ Attachment 5 r ~Vlemorandum To: Pazks and Recreation Commission / Azule Task Forpe From: Cary Bloomquist Date: 5/31/02 Re: Azule Pazk Knollwood Court entrance Survey Summary Of the 188 households surveyed pertaining to an entrance to Azule Park on Knollwood Court, 48 have responded thus far, giving us a 25.5% return rate. Of those 45 respondents: • 26 Yes, they would like to see an entrance on Knollwood Court • 22 No, they do not want an entrance on Knollwood Court This information will be updated if additional surveys are received. 3' k, s' t~ :- f ~w h~ 1 ~' r F.}$ .~? \ ~ G ^i~ rv ss k ., G:. 2 ~~~~~ ~~~ F J • ~. 1 Attachment 6 May 17, 2002 MAY 3 0 2002 The Honorable Mayor and the City Council Members CITY OF SARATOGA City of Saratoga CC ~, C ~ in~~~ ~ ~ Cam, Subject: Appeal for Rejection of Proposed Knollwood Court Entrance to the Azule Park We, the resident of Saratoga live in the neighborhood of the proposed Knollwood Court entrance to the Azule Park. We oppose the proposal for creating an alley-way entrance to the Azule Park at the Knollwood Court adjacent to the Hwy 85 sound wall for the following reasons. We are appealing to you to oppose and reject this proposal. We actually do not see much benefit from opening this Park entrance since the main entrance to the Park is only few minutes walk from this proposed entrance. 2.0 Traffic Issue: People from outside the neighborhood will drive to the Knollwood Park entrance in order to use the Park. That will create parking issue in our immediate neighborhood. It will end up with numerous cars parking in front of the neighborhood houses all day long. With this increased traffic, safety of our children and senior citizens wilt be compromised. 3.0 General Public Issue: The last neighborhood survey conducted by the Saratoga Public Works Department on May 3, 2002 showed 50% of the respondents opposed to this proposed entrance. Further analysis showed that those opposed live in the neighborhood of the The cost of this proposed entrance will be in tens of thousands. This money can be better spent elsewhere. 1.0 Safety Issue: We are very proud of the safety of the Saratoga neighborhood. But by opening the Park entrance on Knollwood Court, there will be strangers from outside the Saratoga community using the alley to enter into the Park. This raises the immediate safety We sincerely hops that you will reject this proposal. Sincerely, Name n i n ~': r;~ _ ~~~ .af/-~ Address i ~ ~j ~ i ~' '~ r_ . c., ~ ~ = G f~ f~~~ 1~~11='t/.:~f-, Name I~ ~ ~~ P~ I N ti L- ~' Address ;~ ~i (; .~ ~ /\ IV'-Ll t%•4~~ ~f; _S~l'la~G t; T1 ~f~ ~~ Name ~~~'^-`~q ,) c Address Name /1~t: U R !~ L 1 G UM A `~~ Address 200'Z1, (</VoLLL..roJD ~~ ,S6~aTv Name ~ ~C.ib ~In.cS i J Address ZLL~Q ~ ~vtD/ (, ~ If~71/7l~ '~~(', Sa„~d'trly~, Name ~~ L~~-~/ Address ,~ Q ~7~ '~.'/l1~/(Lc10D Name /-~~ ^lr~i- ("~~ ~ Address _1z2~] /yiGir~ (1 a 1)r. /~~a~d qa,... Name~~ Address ZOO Name Addre: !~Y ~'•~ ,4,f~ CG 9 .f~I We sincerely hope that you wiH reject this proposal. Sincerely, - - Name `~-.r5 ~ ~~~c~.~~ ~" II"' Address ~» ~ 5 /~uc~~i.~cxr~ /,~ r . Name - Name ~;;~2.5T ~.G~.i -P~~ Address Name ~~1 ~. Address Name ~~ ~~ ~[~c-- ~l/JZ~~Y Addre: Name Address ZO 4- ~ (7 ~b L LIJ • Name ~P.~V..ca S~o.~_. Address 12-1 o U MQ 9,a Q ,l c ~ Y - Address 2 ~ ~ ~ 3 r~/1,•`•> l (~ ~~ rt We sincerely hope that you will reject this proposal. Sincerely, Name Address ~2'- S 3 MA-dt t.LA ~2wF Name Addre: Name Addre: Name Address ~L / ~, ~n~,~ ~ ~~ ~~ Name ~ov~ ~~i .~~~ Addre: Name Addre: Name _ Address Name _ Address Name _ Address We sincerely hope that you will reject this proposal. Sincerely, Name Ru~~~ (C Vt/~~,~U~~~Q,4'L Address ;~0 o~v~0 / -/q/l,~//~ ~. ~ctil:~~~ Name ~titi Address Name Address Name Address Name Address Name Address Name Address Name _ Address Name _ Address Attachment 7 1,_ J To: Parks and Recreation Commission From: Cary Bloomquist Date: 5/31/02 Re: Azule Park Knollwood Court entrance options At their May 1 meeting the Azule Task Force discussed the issue of providing options regazding an entrance to Azule Pazk on Knollwood Court. The following options were discussed for consideration by the Commission: 1. Have pathway; mitigate safety concerns as necessary (fencing, restricted pazking, etc.) 2. No pathway with the following options: • Leave area natural, with no fences or plantings • Plant a community gazden similaz to EI Quito Park's. • Plant area with thorny vegetation that will make it undesirable for loitering and other undesirable activities. h `. C:l ~w. SARATOGA CITY COUNCIL MEETING DATE: July 17, 2002 AGENDA ITEM: ORIGINATING DEPT: City Manager's Office CITY MANAGER: 0~/~I ----~`-~ PREPARED BY: Lorie Tinfow DEPT HEAD: ~ 4-~~'In ~ SUBJECT: Saratoga Library Project Update ACTION(S): None; informational only. REPORT SUMMARY: Budget Summary Report as of July 1, 2002. A copy of the most recent document presented each month to the Citizen's Oversight Committee is attached. The updated numbers are highlighted on the summary and discussed below. Change Order Activity. Change Order #3 for removal of the concrete found in the existing building footings was completed at a final cost of $10,109.36. Other change requests (not Change Orders) total $56,338 for work like additional HVAC duct routing, and represent all contractor requests made to date. Many of the requests are dismissed or are negotiated to smaller amounts. This number is simply shown for tracking purposes and appears on the attached Budget Summary as a subtotal under "Estimate of Changes to Contract." The Budget Summary also shows two other significant changes: • the architect's change order total was increased to $52,000 to reflect the $3000 change order approved on May 7; 2002, that will be offset by a Thompson Pacific credit • a placeholder of $80,000 for additional architect's services under "Estimate of Changes to Contract". The Citizen's Oversight Committee requested that a "worst case" dollar amount be developed and carried in the summary. • Amounts paid-to-date are also shown. Budget Status. The table below shows the status of funds: Initial Bud et $14,500,000 Project Total as of 7/1/02 without contin enc - $14,265,215 Balance = $234,785 Amount of "estimate to than es to contract" + $56,338 Balance of Bud et available = $291,123 Percent of ro'ect time ela sed 19 weeks/SS weeks 3S% t The $500,000 buffer remains for additional library construction expense if needed. Construction remains on schedule. On July 1, the Phase II had been underway for 19 weeks. The construction completion date continues to be February 28, 2003, and the new library will open to the public in Spring 2003. FISCAL IMPACTS: Staff is negotiating with Field Paoli for additional services beyond October 2002. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): None. ALTERNATIVE ACTION(S): None. FOLLOW UP ACTION(S): Staff will continue to bring budget updates to Council monthly. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional ATTACHMENTS: Library Budget Summary Report dated 7/1/02 ~~ 9 LL ~th 'c> Oi 'C" ~, yNy O d d..O ~ d--r C f:J OHO d E.J Oi ~ m Y ~~ r Q, ' 9 Y V O' aCl ~tp H bs i0 N ttOpp O~ M N O ~ N ~ r ~ AOOmrOO (O~~Nt0~~ O O' O 00 oO 400 MMMMOM/! ~ [gyp ~~ 0p1 O dl m OOl m 0 O CJ p mA.O th N.N ~~HM~ Vl dOO V Ol ~ N 000? en O N ~ f9 N 1~ 191d N gNM OO 00 00 o0 mN f9M tl1 F9 ONp~O~N fO~mr, Ol N~CD O N N N~ 00 0?0~000? rN 19 f0 N~ r~ yO ~~f9~ M W N b O MED 4~~t719 p~.W ~~ O O O gI N 0 ~~ O H O y Q O N UN$ N WNN ~R1O 'n N M f9O ~ tp N~f 9 ' j ~~w w »'?'7 ry w ~ w wiy en vi m~ LL~ p m N ~ O~ ~ 0 0 0 O m 0 0 0 0 IdO 0 0 00 A ~ 0 0 0 0 OO OO t)~ ~ r ~ O a OOO.O Id td ONO 00 d~ ~ OOOQ O N Of W Or _ O prjn W ~ V TN OtODN mN (7~~~OMp~ i ~ en'Ay»en en 'A~~ a~ui 'yywui even ww ~ in 0 d ` N m ~ ~ O O O o r 0 0 O d r M R N O p ~ 00 ' . 00 In O~ t p E R O m N ~ p O 0 O N m N O E M O «NZV M~ M M ~ M f9 f9 ~19M M W U C ~ ~ OON O dl V oe l p O ~~ ~ ~~~ ~ ~ r C>O us ~ an » y 0 O ~ p O~ O ' N <O O O M q a o r N ~ d N N O O N t O0 ~~ O m (j W fm0 W N p N IOO ^ Q O N ~ N O~ 4l~ O H ~y tl119 t9 Y!H MH Vi 19 ~ Vl 0Oi n m fp m O _ O N N N O O N O O X 0 0 O O 0 4 0 0 4 0 ~ t+NJ 1(1 s "'~ N N NtOON N UjOO O O OIA Id N~f9 Q1A N m dlr O ~ ~MHM M N Q NN NN N 19 M ' .e N x ~ "-~ a 9 ~ C'4 g Ta $ ~ fr ~~5 d ~ ~ ~ ~~g( 0 0 d _ _ N N Ti ~ ~ ~ ~q LL ~ ~C U ~p `~ Z ~p d 9 d o a '[ ~ _ N tG Cy y m ow yb ¢r 5g, t O L L h d ~ <~ d ~ ~ L ~ ~ e ~ ~ VJ N ~ ~J y3~ ? ~ ~ x ~ F 00 _$ r3 `o S ~$~N drQEZ' $ w Ord a3 ~2 ~2 ~ y d v v 5 n~a ~u ~$w` V u 3c~ prv~i~ ~~~~m ~ ~~ pC pC „ m V V U LL d !d- f W_ O CJ H Or-(00 V ~ ~m~~ W ~~ 'O ~ ~ LL O l7 O N O N d d O ~ ~ ~ dl N r r ~n ~ w w a< w w q O Vl O l E t0 ,~ A 00 m ~ n W N r ~ M M ~ C O N O SU M i ir d ~n a ~y ~ ui C ~ r M N O ~ N !` O O ~ N ~ ~~ Q O oa N ~ N r N N n 7 9 d A Q c d 0 c O U N m J ~ ~ ~ h O ~ ~~ LL U r A e = N 5 J °c ~ ~ f tll a °c p g ~ 9 V ~ LL U ~~ N C d ""~ c g~ ~ s c C o ~ € V O O .,~ c U oU g Y ° U u fl N N N f 0 a O SARATOGA CITY COUNCIL MEETING DATE: July 17, 2002 AGENDA ITEM: /~ ~ ORIGINATING DEPT: Recreation CITY MANAGER: ~~G~~-~'-~-- PREPARED BY: DEPT SUBJECT: Potential Uses of Grace United Methodist Church Site RECOMMENDED ACTION(S): Review Grace United Methodist Church site use options and direct staff accordingly. REPORT SUMMARY: On June 5, 2002 the City Council approved a contract with Noll and Tam Architects to complete Phase One of the Grace United Methodist Church Renovation Project. Phase One included a condition analysis of the existing buildings, a CIP scope of work and a cost estimate. This work was completed and the report delivered to the City Council on July 5, 2002. Subsequent to review of the study, the City Council directed staff to agendize, for the July 17, 2002 meeting, a discussion of the potential uses of the site. This report summarizes several alternative uses for the property that are intended to serve as the basis for a discussion of the topic. The fiscal impacts of each option have been estimated from the Noll and Tam report and staff input. There aze several options available for usage of the site. Some aze listed below. I. Move Senior Center programs to new site and move Sheriffs Office to current Senior Center. 2. Demolish sanctuary and education buildings, purchase library portable and move Sheriff's Office in portable on Church property. 3. Demolish sanctuary and education buildings and use portable from library for community meeting space and recreation use. 4. Renovate administration building only, for ofTice, recreation and community meeting room usage, deferring the rehabilitation of other buildings on the site. 5. Demolish existing buildings on the property and provide grass and irrigation for open space and sports league practice. 6. Mothball existing buildings and utilize open space for a day use pazk. FISCAL IMPACTS: • Cost estimate from Noll and Tam Architects study for renovation to site for Senior Center usage: $1,091,000 ($919,000, plus an additional $172,000 for amenities) • Modular units on site for Sheriff s Office and/or community and recreation use: $657,000 • Renovate administration building only: $200,000 • Demolish buildings and install grass and irrigation: $210,000 • Mothball buildings and utilize open space for day pazk usage: $32,500 CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): Not applicable. ALTERNATIVE. ACTION(S): Not applicable. FOLLOW UP ACTION(S): At the City Council meeting on August 7th, staff will follow up with an implementation of the plan chosen by the City Council. ADVERTISING, NOTICING ANA PUBLIC CONTACT: Nothing additional. ATTACHMENTS: -r SARATOGA CITY COUNCIL MEETING DATE: July 17.2002 AGENDA ITEM: t ~'' ORIGINATING DEPARTMENT: City Manager CITY MANAGER: ~-~--~~`'~. PREPARED BY: ~ DEPT HEAD: SUBJECT: Purchase of Grace Methodist Church and Appropriation of Funds RECOMMENDED ACTIONS: Approve purchase of real property located at 19848 Prospect Avenue - APN 386-26-070 and APN 386-26-071 and adopt Resolution appropriating funds in the amount of 4.5 million dollars. REPORT SUMMARY: BackEround The City Council has always stressed the importance of acquiring additional property to allow for the expansion of the quality and quantity of our service offerings to the community. When the availability of the Grace Methodist Church site was made known to the City in February of this year the Council directed the City Manager to explore the possibility of its purchase for the City. The church solicited bids for the property in April of this year, receiving eleven bids for the property. The church used three factors to evaluate potential bidders. a. Price offered for the property b. Use for which the property was intended c. The ability to complete a speedy transaction. The City, as a part of its negotiations, specifically tailored its proposal to meet the church's criteria in the following manner: a. The city offered the asking price of 4.5 million dollars. The asking price was below an independent appraisal performed for the City; b. The church told the City that they wished to leave a legacy of community service on the site and that a sale to the City would fulfill this desire. The City, in turn, proposed a variety of uses to the congregation, including but not limited to community meetings, recreation, senior, youth and pre-school activities. These uses, however, are not conditions of purchase specified in the purchase contract. The specific uses of the church property to be discussed tonight are a separate agenda item. c. The City also proposed a timeline whereby escrow could be completed on or before August 16, 2002. Therefore, the City had to take affirmative actions working towards the purchase of the property even before the status of the bidding was known. The general plan designation for this parcel was "Quasi Public", which allowed the occupancy and use of the site by non-profit agencies only; specifically excluding governmental ownership and operation. In order for the City of Saratoga to purchase the property and use it for local municipal services, the General Plan designation needed to be changed to "Public". Therefore, the Planning Commission held a noticed public hearing and adopted a General Plan Amendment changing the land use designation from "Quasi Public" to `Public" on June 5, 2002. At the same hearing an environmental determination was also approved by the Planning Commission. Subsequent to the action of the Planning Commission, the City Council adopted a resolution adopting the General Plan Amendment on May 8, 2002. In June, the Methodist Church informed the City that it's congregation voted to approve the sale of the property to the City. The action that Council is considering tonight is the final purchase authorization for the Grace Methodist Church property and the appropriation of the balance of funds to purchase the property. If Council authorizes the City Manager to sign the documents that will implement the purchase agreement and appropriates funds for the purchase, it is estimated that the City would assume ownership at the end of an escrow period that would be complete prior to the August 16`n deadline. City staff is ready to transition utilities, buildings and grounds maintenance from the church to the City upon close of escrow. Discussion FISCAL IMPACTS: Of the purchase price of 4.5 million dollazs, 2.7 million dollars is derived from unallocated reserves. One million dollazs re-appropriated from the Hillside reserves C1P project and $800,000 from receivables due from the prior fiscal yeaz, which have been collected. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTIONS: The City would not purchase the Grace Methodist Church site and would forfeit a $135,000 good faith purchase deposit. ALTERNATIVE ACTION: None FOLLOW UP ACTION: 2of3 i ADVERTISING, NOTICING AND PUBLIC CONTACT: Posting of the Agenda and letter to residents within 500 feet of said property. ATTAC$MENTS: Attachment A: Planning Commission Approval of Resolution No. 02-027 Attachment B: Saratoga City Council Resolution No. 02-038 Attachment C: Correspondence from Jack Mallory Attachment D: Public Notice to Neighborhood Attachment E: Saratoga City Council Resolution Amending the 2002-2003 Budget for an Appropriation of $4.5 Million Dollars for Purchase of Real Property at 19848 Prospect Avenue • u 3 of 3 APPROVAL OF RESOLUTION No. 02-027 Application No. 02-080 CITY OF SARATOGA PLANNING COMMISSION STATE OF CALIFORNIA WHEREAS, the City of Saratoga Planning Commission has received an application to amend the Land Use Designation of 19848 Prospect Road from Quasi-Public Facilities to Public Facilities; and WHEREAS, the Planning Commission held a duly noticed Public Hearing at which time all interested parties were given a full opportunity to be heard and to present evidence; and WHEREAS, the applicant has met the burden of proof required to support said application, and the following findings have been determined: • That with the amendment, the proposed location is in accord with the objectives of the General Plan in that the use of the site as a Senior Center and various Recreation Programs provides a public service. • That the proposed location of the use and the conditions under which it would be operated and maintained will not be detrimental to the public health, safety or welfare, nor be materially injurious to the properties or improvements in the vicinity because the Senior. Center and various Recreation programs compliment the residential nature of the City of Saratoga and the immediate surrounding land uses. • That the proposed use is allowed as a conditional use in the R-1-10,000 Zone and represents a continuation of similar uses as is currently present. NOW, TIIEREFORE, the Planning Commission of the City of Saratoga does hereby recommend that the City Council amend the Land Use designation for 19848 Prospect Road from Quasi-Public Facilities to Public Facilities. ~~ Attachment A r PASSED AND ADOPTED by the City of Saratoga Planning Commission, State of California, May 8, 2002 by the following roll call vote: AXES: GARAKANI, HUNTER, JACKMAN, KURASCH, ROUPE AND ZUTSHI NOES: NONE ABSENT: BARRY ABSTAIN: NONE Chair, Planning Commission ATTEST: Secretary to the Planning Commission CJ RESOLUTION N0.02-038 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OFSARATOGA WHEREAS, an Initial Study and Environmental Determination Negative Declarations was prepared and granted for this amendment by the Planning Commission, and WHEREAS, the City of Saratoga Plamiing Commission has reviewed a request to amend the Land Use Designation of 19848 Prospect Road, and WHEREAS, the Planning Commission has recommended that the Ciry Council amend the Land Use designation for 19848 Prospect Road from Quasi-Public Facilities to Public Facilities, and WHL-REAS, the City Council held a duly noticed Public Hearing at which time all interested parties were given a full opportunity to be heard and to present evidence, and WFIEREAS, this hearing was advertised in the Saratoga News on May 22, 2002, posted on May 22, 2002 and notices mailed on May 21, 2002, and WHEREAS, the City Council considered all written and oral testimony presented regarding the proposed General Plan Amendment. NOW, THEREFORE, that the City Council of the City of Saratoga amend the General Plan Land Use Element Map designation for 19848 Prospect Road from Quasi-Public Facilities to Public Facilities. The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga Ciry Council held on June 5, 2002, on the following roll-call vote, to wit: AYES: Councilmembers Stan Bogosian, Ann Waltonsmith, Vice Mayor Evan Baker, Mayor Nick Streit NOES: None ABSTAIN: None ABSENT: CouncilmemberJohnMehaffey I l~ ~J~ Nick Streit, Mayor A E T: at ee ry Clerk Attachment B f ~C=C~~~~ . ~A`! 6 2002 Jobn ~'. "Jack" Mallon 12258 Kirkdale Drive, Saratoga, CA 95D7ll 4(l$ 252 T~7 MalloryS8naaol,com, Fax 4(18 252 8599 Map S, 2002 Saratoua Ciri~ Council Dear Mayor and City Co~.mcil, I read in the Saratoga I3ews that you are considering the purchase of the Grace Iviethculist property at 198~i9 Prospect Road for various city services. t1s a long time Saratoga resident and former city councilman, I cvouid like to see you purchase the property. I believe, as the city attorney was quoted., "the city is property- short" to carry- out its services and as such should purchase this rare available land. If necessary, I am wrilling tp reestablish the utility tax in order to raise the funds and perhaps there are others ~vho feel the same tvav. ~/~ Ma11oryC77~~Q~ Attachment C 13~i7 FRIIITVALE AVENliE • SARATOGA, CALIFORNIA tJ5070 (-40Sj b(iS-1'300 Incorporated October 22,1956 July 12, 2002 COL"\CIL ~ItiA1BL•'Rti: Evan Eake: Sty^. ^ooosiar• onn .aaenaney. Nick Sreu ann V/alronsmrtn RE: GRACE UNITED METHODIST C$URCH - 19848 PROSPECT ROAD Dear Interested Neighbor: On July 17, 2002 the Sazatoga City Council will be discussing options for fixture use for the property located at 19484 Prospect Road. The City Council would like you to participate in the process and will give everyone the opportunity to address the Council for up to three minutes. If you aze unable to attend the City Council meeting, but would like to express your thoughts, ask questions, or make comments you may send a letter or . email to the Council. Please address your correspondence to the City Council and send them to the City Clerk's Office, 13777 Fruitvale Avenue, Sazatoga, Ca. 95070 or email to ctclerk sarato ag ca.us. Correspondences received will be distributed to the City Council prior to the City Council meeting. This item is scheduled towazds the end of the agenda. As a result the topic is likely to be discussed late in the evening. Should you have any questions or concerns please feel free to contact Dave Anderson, City Manager, at (408) 868-1213. Cc: City Council City Manager u Attachment D RESOLUTION NO. 02- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA AMENDING THE 2002-2003 BUDGET AND THE 5-YEAR CAPITAL IMPROVEMENT PROJECT (CIP) FOR AN APPROPRIATION OF $4.5 MILLION DOLLARS FOR THE PURCHASE OF REAL PROPERTY AND ALLOCATION OF FUNDS FOR THE PROPERTY LOCATED AT 19848 PROSPECT AVENUE (APN: 386-26-070 & 386-26-071) WHEREAS, The Saratoga City Council desired to acquire property to allow for the expansion of the quality and quantity of our service offerings to the community; and WHEREAS, Grace Methodist Church, located at 19848 Prospect Avenue, became available for purchase and the City of Saratoga submitted a bid for the property; and WHEREAS, Grace Methodist Church's congregation voted to approve the sale of the property to the City in the amount of $4.5 million dollars; and NOW, THEREFORE, to adjust the City of Saratoga's Fiscal Year 2002-2003 budget for the appropriation of $4.5 for this purchase according to the following entries: Debit Credit Fund Transfers: Decrease Increase 001 General Fund 3,~OQ000 352 5-Year Infrastructure CIP -Hillside Reserve 1,000,000 353 5-Year Facility CIP -Prospect Ave Property 4,500,000 Property Acquisition: 353 5-Year Facility CIP -Capital (buildingpand) 4,500,000 The above and forging resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the 17u' day of July 2002 by the following vote: AYES: NOES: ABSTAIN: ABSENT: Nick Streit, Mayor ATTEST: Cathleen Boyer, Ciry Clerk Attachment E SARATOGA CITY COUNCIL MEETING DATE: July 17, 2002 AGENDA ITEM: ~^~ ORIGINATING DEPT: City Manager's Office CITY MANAGER: ~~G~~ PREPARED BY: Lorie Tinfow DEPT HEAD: SUBJECT: Process for Involving the Village Green Neighborhood Association in Considering the Proposed median at Highway 9 and Oak Place RECOMMENDED ACTION(S): Direct staff to take appropriate action related to implementing the median project at Highway 9 and Oak Place and the appropriate role for the Neighborhood Traffic Management Program. REPORT SUMMARY: Village Green Neighborhood Association and the NTMP. Staff began working with the Village Green Neighborhood Association in January 2002 to address parking and traffic issues experienced by area residents. There have been two meetings-the first a kickoff meeting to explain the process and get underway; and a second, at which the results of the traffic data collection were presented. Since that time, residents have completed Phase I of the program and in May requested Public Safety Commission (PSC) permission to begin implementation of Phase II. A copy of the summary report reviewed by PSC at that time is included as Attachment A. The Public Safety Center process was coming to a close at the same time the NTMP was getting started. As part of a review of traffic impacts to Highway 9 and Saratoga Avenue, the idea of looking outside the neighborhood for ways to improve traffic issues such as cut-through traffic and speeding was developed. A median on Highway 9 to curtail the cut-through use of Oak Place was one idea that was generated in overlap conversations among members of both groups. A copy of the proposed design is included as Attachment B. Level of Improvement Approval. Staff worked with VGNA to determine the appropriate process to move forward. Staying within NTMP guidelines would require VGNA to collect signatures in support of the median from the property owners immediately adjacent to the median and 60% of the remaining households represented by their association. At the June 19, 2002, City Council meeting, Councilmember Bogosian raised the possibility of requiring a simple majority of households to express approval and asked that the required level of support for the median be agendized in July for Council consideration. However, modification of the required level of approval has several implications: a 1. Tf Council decides to change the approval requirement for Village Green, Council will have to determine if it is changing this NTMP process only because of its unique characteristics or whether this would set a precedent for other NTMP prof ects. 2. The NTMP includes a process for "un-doing" traffic changes made to a particular neighborhood under the program. Once installed, should 50% + 1 of the households sign a petition for removal, the program requires the traffic device to be removed. This process could mean that with the change in ownership of a few houses, the changes being considered tonight could be reversed. See below for an Alternative Action that would avoid this complication. NTMP Modification. The current NTMP document needs revising given our current experience with the program. In going through the process with neighborhoods, staff has identified several areas of conflict within the document as well as parts of the process that work better if tailored to the particular group. Staff will work with the Public Safety Commission to refine the NTMP document/process in the coming months. FISCAL IMPACTS: None; informational only. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): None; informational only. ALTERNATIVE ACTION(S): Remove the median from consideration under NTMP and set up a separate process under the capital improvement program that requires neighborhood polling with approval at aCouncil-prescribed level. FOLLOW UP ACTION(S): Set up a meeting with the neighborhood to explain the median project and approval process. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: Attachment A: Village Green Neighborhood Association (VGNA) Update for May 9, 2002, Public Safety Commission Meeting Attachment B: Proposed design for Highway 9 median at Oak Place 2 oft 'tC~'~V/~Gt'~ J Memorandum To: Public Safety Commission From: Lorie Tinfow, Assistant City Manager With traffic data and recommendations from Sohrab Rashid, Fehr & Peers Associates Date: 5/3/02 Re: Village Green Neighborhood Association (VGNA) Update for May 9, 2002, Commission Meeting This memo summarizes the NTMP process used with the Village Green Neighborhood Association (VGNA) and includes the traffic data collected by Fehr & Peers as well as their recommendations. No Commission action is requested at this time. Village Green Neighborhood Association (VGNA) The NTMP kickoff meeting was held on January 24, 2002. Traffic data was collected in late January and early February, and presented at a follow up meeting held on February 28, 2002. Several subsequent meetings with designated neighborhood representatives Meg Caldwell and Denise Michel were also held. The NTMP process has been somewhat complicated by the planning and design activity surrounding the proposed Public Safety Center. Because many of the issues raised by VGNA are directly related to the same Public Safety Center stakeholders who are VGNA's institutional neighbors (i.e, the Foothill Club, Saratoga Federated Church, Santa Clara County Sheriffls Office, etc.) as well as external factors such as the intersection design at Saratoga and Highway 9, changes coming about as part of that process affect VGNA's decisionmaking and have slowed the NTMP process. The Public Safety Center planning and design process is now complete. Staff and VGNA are now ready to release the traffic data as part of this summary update. Saratoga NTMP To provide a comprehensive and community-based approach to address neighborhood traffic issues, Saratoga adopted its Neighborhood Traffic Management Program (NTMP) in August 2001. The NTMP describes the process by which residents can request investigation of traffic- related problems and be involved in the selection of appropriate solutions. The program includes a "tool box" of actions and devices that may be used to reduce or eliminate problems and enhance livability. At its core, the NTMP empowers neighborhoods to help solve their own problems. Many cities are adopting programs like Sazatoga's NTMP because expectations about how roadways should be used are changing. Cities and residents are moving away from an automobile-centric view of neighborhood streets to one with more concern for neighborhood quality of life. Typical traffic engineering standards are set to optimize the number of cars that can travel over a particulaz piece of asphalt quickly and safely. In addition, some standazds are based solely on driver behavior (i.e., setting speeds at the 85`h percentile because "most" drivers will choose a safe speed). Attempting to balance driver needs with the needs of those who live along the streets is a relatively new concept. Saratoga's General Plan In addition to the NTMP, the General Plan Circulation and Scenic Highway Element adopted in 2001 identified planning goals and policies to guide decision-makers as they address transportation issues in the City of Saratoga. Together with the NTMP, the Circulation element seeks to protect neighborhood quality of life from outside traffic impacts. Several goals, policies and implementation measures are applicable to or were developed specifically to address the issue of traffic on neighborhood streets. These are listed below: Goal CI.2.Ob For traffic management and street design, balance the efficiency of vehiculaz traffic with the safety and livability of residential areas. Policy CI2.8 Manage traffic flow on major and minor arterial roadways to discourage through traffic in residential neighborhoods. Policy CI.2.11 Establish the primary access for major traffic generators on arterial roadways and design overall access to minimize traffic intrusion to residential neighborhoods. Policy CI2.12 Strive to maintain traffic volumes and speeds on collector and local streets that are compatible with the character of the adjacent land uses, the function of the street, and bicycle and pedestrian traffic. Implementation Measure CL2.14 Focus future improvements on the most congested intersections to maintain an acceptable level of mobility for all modes of transportation. Implementation Measure CI.2.19 Install coordinated signal systems on all major arterial roadways in the City to improve traffic flow as appropriate. Funding should be obtained from all available City, County, State and Federal funding sources, and developer contributions. Implementation Measure CI.2.21 Install traffic signals to serve existing and projected traffic demand, provide acceptable traffic operations issues, and enhance pedestrian safety. Implementation Measure CI.2.28 Develop and adopt a Neighborhood Traffic Management (NTM) Plan to specifically include a process for identifying problem areas, and for evaluating, fending, and implementing traffic calming measures to reduce high 2 f traffic volumes and travel speeds on City streets. Implementation Measure CI.2.29 Design local streets to carry low traffic volumes at low speeds and to function safely while minimizing the need for traffic control devices or enforcement. Physical features should include gentle curves, changes of grade, narrow widths, short lengths, and T-intersections where feasible. Policy CI.5.6 Provide safe and direct pedestrian routes and bikeways between and through residential areas linking transit centers and important community centers such as the Village. Policy CI.5.7 Improve pedestrian and bicycle access to all public and private schools to enhance safety. Implementation Measure CI.5.13 Coordinate with the school districts and other entities to develop "Suggested Route to School Plans" for all public and private schools in the City. Plans shall identify all pedestrian and bicycle facilities, and traffic control devices for residents to determine the most appropriate travel route. The plans shall also identify existing easements for sidewallcs. Goal CI.6.Oa Protect the aesthetic, historic and remaining rural qualities of Sazatoga through street design and landscaping. Goal CI.7.Oa Provide adequate pazking for non-residential uses to minimize intrusion into adjacent neighborhoods. Fehr & Peers Associates has completed the evaluation of existing traffic and pazking conditions for the Village Green area located southeast of the Saratoga-Los Gatos Road (SR 9)/Saratoga Avenue intersection. A map of the Village Green area that include volume and speed survey locations is presented as Figure 1 (attached). VGNA Reported Problems At the January 24, 2002 neighborhood meeting, residents reported the following traffic problems on neighborhood streets that needed investigating: • Unsafe speeds on all streets Cut-through traffic on Oak Place, Park Place, Orchard Road, and La Paloma Avenue. Vehicles use these roadways to bypass the SR 9/Saratoga Avenue intersection throughout the day. Cut-through traffic is also generated by vehicles going to and coming from Saratoga School on Oak Street, across SR 9 from this neighborhood. • Locations with limited sight distance including the Oak Place/Alleyway intersection, the Park Place/ Alleyway intersection near the Foothill Club, and the Pazk Place/Oak Place intersection. Vehicles parked at or near these intersections, the natural curves of the road, and adjacent buildings restrict available sight distance. i • Vehicles driven by Sheriff and Fire Department personnel regularly cut-through on Park Place and Oak Place to access the parking areas located behind their respective service centers. • Conflicts between vehicles turning into and out of Park Place and Orchard Road because of the close proximity between these two intersections. Restricted visibility of cyclists and pedestrians on Saratoga Avenue. • High vehicle speeds on Saratoga-Los Gatos Road (SR 9) at Oak Place that compromise the safety of pedestrians crossing SR 9 at this location. • Intrusion of vehicles parked on street segments without curbs. Parking provided by the Federated Church is insufficient for the users of its facilities, especially on Sundays and Wednesdays. This shortage of parking spaces causes significant parking spillover on adjacent neighborhood streets as well as safety concerns-vehicles often park diagonally on Oak Place between trees and protrude into the already narrow roadway. In addition, parishioners and church visitors frequently elect to pazk on neighborhood streets rather than use the Church lots. • Various parking problems especially during peak church use hours. Vehicles parked on these narrow streets reduce visibility, impede response for emergency vehicles into the area, and contribute to safety concerns associated with the already blind curves on some of these roadways. • The lack of clear right-of--way direction around the "parking island" located at the Oak Place/Pazk Place intersection creates a safety hazard for motorists, bicyclists, and pedestrians. Existing Conditions Existing traffic conditions were evaluated based on observations conducted in the field, and speed and volume surveys conducted on all of the street segments within the neighborhood (shown in Figure 1). The details of the data collection effort aze described below. Roadway Volumes and Sneed Survey Daily volume counts and speed surveys were conducted on all of the local roadways from January 30 until February 5, 2002. A supplemental count and speed survey was conducted February 8 until February 15, 2002 on Pazk Place just south of Saratoga Avenue to account for traffic entering and exiting the Federated Church parking lot. The measured volumes and speeds are presented in Table 1. The footnotes in Table 1 cite instances where the counter tubes were damaged and resulting time periods that data was not collected. Count data was not obtained on the Alleyway because of the existing four speed bumps that discourage traffic and high speeds. 4 u Table 1 Existin Roadwa Volumes and S eeds Weekday Average Peak Saturday/ /Median 85'" Period Weekday Wednesday Sunday Speeds %ile Avg. Speed Number Location Dir. Volumer Volume= Volumes3 m h ° S eede AM/P a >25 m h' Oak PI: EB 406 449 245/252 17/18 23 20/2] 123 (5%) (Park Pl. to SR 9) WB 456 520 333/338 17/18 23 .20/20 143 (5%) Tota[ 862 969 578/590 N/A N/A N/A 266 (5% Oak Pl: EB 191 245 153/147 18/20 24 22/21 134 (10%) (West of A]]eyway)s WB 133 139 122/108 IS/19 24 20/21 53 (6%) Total 324 384 275/255 N/A N/A N/A 187 (8%) ParkPl: NB 227 264 131/159 17/19 23 20/2] 67(5%) (North of Oak Pl.) s SB 341 419 240/282 17/19 24 19/21 156 (7%) Total 568 683 37!/441 N/A N/A N/A 223 (6%) Park PI: NB 354 427 266/349 9/9 15 16/16 0 (0%) (South of Sazatoga SB 470 575 377/534 12/13 18 17/17 1 (0%) Ave.)9 Total 824 - - 1002 643/883 N/A N/A N/A 0 (0% Orchard Rd: NB 59 77 32/55 18/19 25 22/20 58(15%) (South of SB ~ 41 46 34/54 19/20 26 22/19 54 (18%) Saratoga Ave.)s Total 100 !23 66/109 N/A N/A N/A 1!2 (16% La Paloma Ave: NB 195 181 156/120 22/23 28 23/24 385 (31%) (South of SB ~ 166 152 124/90 21/23 27 23/24 256 (25%) SaratogaAve.)s Total 361 333 280/210 N/A N/A N/A 68(28%) Lutheria Way: EB 47 48 _50/41 _17/18 , _ 23 20/19 19 (6%) (Saratoga Ave. and WB 42 46 49/40 17/18 24 18/21 22 (7%) La Paloma Ave.) Total 89 94 99/81 N/A N/A N/A 4/(6.5%) Notes: ' Monday, Tuesday, Thursday, and Friday average volumes. ' Wednesday volumes only. Wednesday volumes are presented separately due to the increased use at the church o n Wednesday mornings. ' Saturday and Sunday volumes only. Sunday volumes aze presented separately due [o increased use at [he church. ° Average (mean) speed of vehicles. Median speed is that speed at which 50 percent of vehicles are traveling below and 50 percent above. Includes speed measurements on all days. ' 85i° percentile speed. This is the speed that 85-percent of the vehicles travel at or below and is typically used to enforce the speed limit. Other factors also are used to se[ the speed limit, such as sigh[ distance, road conditions, use, etc. A speed survey is needed [o determine the appropriate speed for VGN streets. s Peak period travel speed based on weighted speeds far Tuesday, Wednesday, and Thursday data and then simple average of all three days. ' Number and percentage of total vehicles exceeding 25 mph during entire one week survey period. e Tubes were "disturbed" far two to three hours on Friday morning, approximately 10:00 to 1:00. ]t is possible that counts and speeds measured doting this time period maybe inaccurate ' Tubes were placed between the Alleyway/Park Pl. intersection and the Saratoga Ave./Park Pl. intersection. Speed surveys do not reflect cruising speed because vehicles on this section of roadway are slowing down to stop at the intersectio n or they are speeding up after departing the intersection. N/A =Not applicable. All of the volume data was obtained when neither the Mountain Winery nor Villa Montalvo hold their Summer concert series, which can cause substantial congestion a[ [he SR 9/Saratoga Avenue intersection and result in more traffic diversion through the Village Green net hborhood. Speed Data Vehicle speed data was quantified based on average speed, median or 50th percentile speed, and 85th percentile speed, which are defined as follows: Average Speed -The average speed is the arithmetic mean of the speed data and is calculated by dividing the sum of the individual speed measurements by the total number of vehicles. It is used to describe the typical speed of vehicles at the survey locations. Median or 50th Percentile Speed -The speed at which an equal number of vehicles (i.e., 50 percent) are traveling below and above • 85`h Percentile Speed -The speed at which 85 percent of the motorists are traveling at or • below. This speed is typically used to select and/or enforce speed limits, based on the assumption that a high percentage of motorists select a safe travel speed. However, recent changes to the California Vehicle Code now permit jurisdictions to set lower posted speed limits to account for substantial bicycle and pedestrian activity, physical constraints, sight distance, and other considerations. The average speed at all of the study locations is less than 22 mph. At most of the study locations, the average speed is 19 mph or less. The median speed is comparable to the average speed (i.e., one to two mph higher), which indicates that the average speed is representative of typical travel speeds throughout the neighborhood. On all streets, vehicles range in speed from less than 16 mph to over 40 mph during the week-long survey, where the fastest speeds were recorded on La Paloma Avenue (10 vehicles over 36 mph) and Oak Street west of Park Place (one vehicle at 36 mph). Except for La Paloma Avenue and Orchazd Road, the 85`h percentile speed is less than 25 mph. At the two exception locations, the 85~' percentile speed was 28 mph or less. Higher speeds on these two segments may be the result of the straight alignment of the street, the grade or slope, and the street width (in the case of La Paloma Avenue). Also included in Table 1 are the weighted average speeds during the morning and afternoon peak periods and the total number of vehicles exceeding 25 miles per hour on each segment for the . entire survey period. The average peak period speed is based on a weighted average of Tuesday, Wednesday, and Thursday data and then a simple average of all three days. All of the weekday average speeds are less than 24 mph. Over the course of the entire survey, speeders represent between zero and 10 percent of all traffic except for La Paloma Avenue, where up to 31 percent of vehicles are exceeding 25 mph, and Orchard Road, with 18 percent of vehicles over 25 mph. The speeds measured on these roadways aze typical for local residential streets, and invariably some drivers speed regardless of conditions. These findings concur with observations documented by the Sheriff's Office for several weeks during December 2001 and January 2002. That said, consideration should be given to the unique attributes of some of the Village Green streets that may necessitate speed mitigation. For example, narrow pavement sections, intensive pedestrian use, limited sight distance, blind corners, and confusing intersections could necessitate a lower posted speed limit for some segments if other improvements are not implemented. Issues regazding sight distance and safety are discussed separately below. Volume Data The volume of vehicles using the study roadways varies from 81 vehicles per day (vpd) on Lutheria Way on Sunday to 1,002 vpd on Park Place on Wednesday. The highest levels of cut- through traffic are found on the segment of Oak Place between Pazk Place and SR9, and on Pazk Place. This section of Oak Place had 862 vpd and Park Place had 824 vpd on weekdays with no events scheduled at the Saratoga Federated Church. These figures aze substantially higher than those expected for Park Place, which has six houses that should yield a maximum of 60 vehicles per day based on standard trip generation rates. Even with traffic from other adjacent streets, a 6 significant portion of the volume on Park Place and Oak Place west of Park Place are not generated by neighborhood residents or church patrons. In addition, the distribution of vehicles by hour or temporal distribution shows that vehicles are using the Oak Place-Pazk Place path to avoid the SR 9/Sazatoga Avenue intersection throughout the day with several spikes occumng at 9:00 am, noon, and 4:00 pm. It should be noted that residents report a significant number of vehicles cutting-through the Oak Place-Pazk Place path from Oak Street during the 9:00 am and afternoon drop-off and pick-up times for Saratoga Elementary School, which is located on Oak Street across SR 9 from the neighborhood. Residents have discussed having a detailed license plate survey be conducted to establish the exact volume of cut-through traffic. However, neither residents nor staff are certain a survey is needed to demonstrate the cut-through problem-existing data supports the assertion. It is also important to note that all of the volume data was obtained when neither the Mountain Winery nor Villa Montalvo hold their Summer concert series, which can cause substantial congestion at the SR 9/Sazatoga Avenue intersection and result in more traffic diversion through the Village Green neighborhood. Locations of Raised Curbs Many segments of the neighborhood streets are not improved with raised curb, gutter, and • sidewalk per the rural planning principles maintained by the City of Saratoga. The locations of existing curbs are presented on Figure 2. In general, there are curbs on the north side of Oak Place from SR 9 to the Alleyway, and. from the midway point between Orchard Road and La Paloma Avenue east to La Paloma Avenue. There are curbs on the south side of Oak Place from Orchard Road to La Paloma Avenue. There aze curbs on both sides of La Paloma Avenue, and on both sides of Park Place from the Alleyway to Oak Place. The lack of curbs on some segments allows vehicles to park off the pavement diagonally instead of parallel parking along the road. At locations where there are adjacent landscaping or fences, diagonal parking forces the bumpers of longer vehicles to extend over the pavement section. This vehicle encroachment limits the already narrow traveled way for vehicles and results in sight distance restrictions especially near curves and tall landscaped areas. Church Parking The Saratoga Federated Church is located on the northwest comer of the Park Place/Oak Place intersection. The church has two designated off-street parking lots located on Park Place. Including both parking lots, the church occupies the entire west side of Park Place from Oak Place to the Alleyway. There is 90-degree on-street parking along the church frontage on Oak Place from SR 9 to Park Place. There are designated (striped) parallel parking spaces along the church frontage on Park Place between the Alleyway and Oak Place. Designated on-street parking is also provided on three sides of the triangular-shaped median at the Oak Place/Park Place intersection-striped 90- degree spaces are provided on the side facing the Church entrance, while the other two sides provide a total of three parallel spaces. - 7 Peak church pazking demand occurs on Wednesday and Sunday mornings. On Wednesday , mornings, there is a regional Bible Study Fellowship. On Sundays, the church holds three different worship sessions (8:00, 9:00, and 10:30 am) t. Observations were conducted by Fehr & Peers Associates on Sunday, February 10, 2002 from 8:00 am until 11:15 am, and on Wednesday, February 13, 2002 from 8:30 am until 10:30 am. In addition, Sheriff, fire department and U.S. Postal Service personnel and patrons use the church's parking facilities for their private vehicle pazking daily. Observations indicate that on Sundays and Wednesdays both church pazking lots were completely full. Additional designated off-street parking exists behind the gas station on SR9 but many drivers choose to pazk on neighborhood streets and these spaces remain unused. On-street parking was observed in the 90-degree parking spaces on Oak Place and in all of the designated parallel spaces on Pazk Place. Church staff put out "visitor only" parking signs in the on-street spaces in front of the church and in the spaces surrounding the median island at the Park Place/Oak Place intersection during the Sunday worships, potentially removing these spaces from use and increasing demand for alternate parking (such as on neighborhood streets). The "visitor only" signs were removed before the 10:30 am service. Sunday observations indicate that the church generates parking in undesignated on-street spaces (i.e. no striped or marked parking spaces) at the following locations: • Both sides of Oak Place, from Pazk Place to La Paloma. • South side of Oak Place, from SR 9 to Park Place. • Neaz both ends of the Alleyway (most of the alley is too narrow to provide on-street parking, and there aze signs posted prohibiting pazking that blocks the alleyway). • West side of Park Place near the alleyway and near the Oak Place/Pazk Place intersection. There is a designated no parking zone on the east side of the street opposite the church parking lots. • Both sides of Orchard Road from Saratoga Avenue to Oak Place. • Both sides of La Paloma neaz its intersection with Oak Place. Wednesday observations indicate that the church generates parking in undesignated on-street spaces at the following locations: • Both sides of Oak Place, from Pazk Place to Orchard Road. • South side of Oak Place, from SR 9 to Pazk Place: • Both ends of the Alleyway (most of the alley is too narrow to provide on-street parking, and there are signs posted prohibiting parking that blocks the alleyway). • The west side of Pazk Place neaz the alleyway and near the Oak Place/Pazk Place intersection. There is a designated no parking zone on this side of the street across from the church's pazking lots. ~ Worship times and scheduled events from Saratoga Federated Church web page: http:/haww. sarato eafederated. com/ChurchInfo/Services &Mao.htm y Observations on Sunday and on Wednesday indicate that some vehicles parking on Oak Place "nosed" into undesignated parking spaces on the south side of Oak Place neaz the Alleyway. As noted above, the rear bumpers of these "nosed" in vehicles protrude into the travel lane on Oak Place and significantly decrease roadway width. Vehicles parked parallel on Oak Place and Park Place also narrow the paved roadway. Vehicles pazallel parking neaz the Alleyway/Oak Place intersection, an at the comer of SR 9/Oak Place, Pazk Place/Oak Place, and Park Place/Alleyway intersections substantially decrease sight distance. Staff also observed that pedestrians aze forced to use the roadway (especially on Oak Place) on Sundays and Wednesdays due to the lack of sidewalks and vehicles occupying roadway shoulders. The majority of pedestrians observed were people walking between their parked vehicle and the church. Additional Operational Issues Observations at the Park Place/Oak Place intersection indicate that the triangle-shaped median island created driver confusion. Lanes on all sides of the island are wide enough to easily accommodate two-way traffic flow. Drivers are unsure of which way to circulate around the median and which vehicle has the right-of--way. The curb radii for vehicles turning from northbound SR 9 to eastbound Oak Place and from westbound Oak Place to northbound Pazk Place (towards Saratoga Avenue) are very lazge. The large radii allow vehicles to make those turning movements at a higher speed creates additional safety concerns when sight distance is hindered by vehicles pazked on or near the curves. Sight distance for vehicles exiting the Alleyway onto Oak Place is very limited due to the curvature of Oak Place. Vehicles parked on the street near the Alleyway further impede sight distance at the intersection. SR 9 Crosswalk Observations show that many northbound vehicles on Saratoga-Los Gatos Road (SR 9) travel at more than the posted speed limit of 30 mph as they approach the Oak Place intersection. These vehicle speeds limit the sight distance as they approach the Saratoga Avenue intersection downstream, but more importantly they make it difficult for pedestrians to cross SR 9 at Oak Street. This is the primary path for the children of Village Green residents to get to and from Saratoga School on Oak Street. The crosswallc also is regularly used by church patrons, patrons of businesses located nearby on SR9, members of the Odd Fellows Club, and pedestrians in transit to or from the Village and other locations. Residents have requested a full range of mitigation efforts to alert drivers to the pedestrian crossing and to slow traffic. Observations confirmed the reported problem that the speed of vehicles make the crossing of SR 9 at Oak Street difficult at times, even though the signal at Sazatoga Avenue does provide some gaps in traffic. It is important to note that the City's General Plan Circulation and Scenic Highway Element states that "Each [School] District should continue its education programs and should encourage students to walk and bicycle to school as appropriate. The City should continue to pursue opportunities to enhance pedestrian and bicycle facilities, especially in the vicinity of schools." It also should be noted that SR 9 is a state- 9 r controlled facility and any changes to the street or crosswalk must be reviewed and approved by Caltrans. Recommendations Neither the vehicular volume or travel speeds on any of the study street segments indicate the need for remediation based on typical traffic engineering standards. However, the traffic volumes and speeds on these streets are clearly incompatible with the historic character of this residential neighborhood and with the bicycle and pedestrian activity in the Village Green azea. To this end, the City may want to consider implementing traffic calming measures and pazking improvements/restrictions to remedy the noted problems. Installation of measures would ensure consistency with Saratoga's General Plan Circulation and Scenic Highway Element that calls for protecting neighborhoods from traffic that should be confined to arterial and major collector roadways. Additional consultation with City staff and coordination with the results of the planning efforts for a new Public Safety Plaza are required to ensure that adequate parking and access are provided to help reduce the traffic volume on Park Place and Oak Place west of Pazk Place. Measures to reduce cut-through traffic include peak-period and all-day turn prohibitions, conversion of streets to one-way operation, and partial- or full street closures. Oak Place at SR9 could be partially closed to prevent ingress into the neighborhood at that intersection. Coupled with the installation of left turn prohibitions, this could effectively prevent most cut-through traffic. Alternatively, designating Oak Place from Pazk Place to SR 9 a one-way street and adding a no left turn sign also would deter a significant amount ofcut-through traffic. Chokers also could be installed to discourage unsafe speeds and cut-through traffic. Peak-period and all- dayturn prohibitions and no through traffic restrictions enforced by signs, and with the necessary enforcement, also are options. Curb Locations Curbs could be installed on all roadway segments where there currently are no curbs. The installation of raised curbs would better designate on-street parking locations, and would preclude nose in parking on some sections of Oak Place and limit vehicle encroachment over the pavement. To be most effective, parking should also be prohibited on one side of the street (at least on Oak Place) to provide adequate pavement width for vehicular and pedestrian travel. However, adding such improvements may detract from the historic nature and unique aesthetic quality of the Village Green Neighborhood. One option to increase sight distance is to prohibit parking on the north side of Oak Place, from Pazk Place to Orchard Road, and on the south side of Oak Place, from the Alleyway to Orchard Road. Parking could also be prohibited at the northeast corner of the Park Place/Oak Place intersection (see discussion of curb radius extension below). Observations indicate that, due to roadway width constraints and existing foliage located adjacent to the roadway, vehicles that were parallel parked at these locations protruded into the roadway and significantly narrowed the travel way. Parking could still be permitted on the south side of Oak Place, but would have to be signed requiring vehicles to park parallel and/or be located completely off the pavement. l0 The installation of curbs would have to be reviewed with City Public Works staff to ensure maintenance of proper drainage and safety issues. Church Parking Pazking demand for the church greatly exceeds the current off-street supply, especially during Wednesday and Sunday services. Anecdotal evidence indicates that church members sometimes park on-street close to the main entrance even when spaces are available in the off-street lot because of perceived convenience. Observations indicate that on-street parking generated by the church in the surrounding neighborhood is substantial. To minimize intrusion into the neighborhood, the church should provide some sort of overflow pazking in other nearby parking facilities or encourage their members to pazk in the public lots located in the adjacent Village area behind the Union 76 Station. Carpooling to services is also highly recommended. Valet parking and bumper-to-bumper parking should also be considered. Off-site parking at another location(s) could also be provided with a shuttle to transfer people back and forth. Another option to minimize intrusion includes the implementation of a resident pazking permit program. This option would require strict enforcement initially and periodically to be effective, and would include on-going administrative costs. Additional Operational Issues Fehr & Peers Associates recommends that the radius at the southeast corner of the SR 9/Oak Place intersection be reduced by extending the existing curbs. This improvement would reduce the speed of vehicles turning from northbound SR 9 to eastbound Oak Place. Similarly, the northeast comer radius should also be reduced to make the right-turn from Oak Place to SR 9 more of a perpendicular intersection. These modifications would also reduce the distance for pedestrians to cross Oak Place and make pedestrians more visible to drivers. Measures should be taken to reduce driver confusion and improve right-of--way designation at the Oak Place/Park Place intersection. The addition of signage and/or other infrastructure changes could alleviate this problem. It is recommended that the curb radius for westbound vehicles turning right onto Park Place be decreased to force vehicles to turn more slowly. It is recommended that curbs approaching all intersections (where available) be painted red to prohibit parking on curves at the intersection. This modification will increase sight distance and enhance safety. It is also recommended that pazking be prohibited on the east side of Park Place between the Alleyway and Oak Place (where it is not already prohibited) to improve sight distance along that segment. By precluding parking on the east side of Park Place as described above, sight distance will be improved for vehicles exiting the alley. Sight distance is poor for southbound vehicles on the Alleyway at the Oak Place intersection due to the curvature of Oak Place and is further reduced when vehicles are parked on Oak Place near the intersection. 11 SR 9 Crosswalk One option to improve crosswalk visibility is the installation of the new fluorescent green pedestrian crossing signs with an arrow indicating the exact location of the crosswalk. These signs with appropriate pavement markings would better identify the presence. of pedestrians to drivers. A flashing amber light activated only during school opening and closing periods could also be installed to heighten driver awazeness (but wouldn't help pedestrians crossing at other times). A pedestrian or traffic signal could be installed at this location to fully address the problem. As noted previously, any improvements at this location must be reviewed and approved by Caltrans. Summary of Potential Improvements Phase I of the NTMP involves education and tazgeted enforcement. VGNA reports that members have distributed flyers alerting pazkers to the impacts of their behavior and asking them to park properly or elsewhere. In addition, the Sheriff's Office conducted direct enforcement in early 2002. Clearly, neither activity resulted in lasting improvement. Remediation of the problems identified will require the more complex Phase II mechanisms. Table 2 lists all of the potential improvements noted above and their category designation. Summar Table 2 of Potential Im rovements Im rovement Phase I or II? Parkin Prohibition/Paint Curbs Red Phase II Cate o 1 Parkin Permit Pro am Phase II Cate o 1 No Throu h Traffic Si ns Phase II Cate o 1 Additional Si nin Stri in at Crosswalk Phase II Cate o 1 Landsca in Maintenance/Removal Phase I/II Narrow Intersection Entrance/Extend Curbs Minor Phase II Cate o 2 Install Orbs Phase II Cate or 2 Half-Street Closure Phase II Cate o 3 Desi Hate One-Wa Street Phase II Cate or 3 Turn Prohibitions Phase II Cate o ? Intersection Modification e.., Park/Oak Phase IRI Cate o 2 Si Hal Installation Phase II Cate ory 3 Again, no Commission action is requested at this time. 12 r1 -..J lJ S~ J ~ W O z ~~ ~C~' , w U Q J Y a 0 4 ~ / ~~ v ~ ~ ~ i 0 0 0 ~' ~ u W Z Y ~ U ~ O \~ ~ \\\\V// Ci~~.~,1~-~ Q W ~z aQ ~ ~. o Q ~w ~~ 3W oz J J J W W J P~ O Q SARATOGA CITY COUNCIL MEETING DATE: July 17, 2002 ORIGINATING DEPT:~PublicW] orks PREPARED BY: ivy J ks AGENDA ITEM: I~ CITY MANAGER: ~"" ~`'~`~ DEPT HEAD: ~~ SUBJECT: Valley Transportation Authority -(VTA) Operator's Facility at the West Valley College Transit Center RECOMMENDED ACTION(S): Accept report and provide direction to staff. REPORT SUMMARY: In eazly 2000, the Valley Transportation Authority (VTA) transmitted improvement plans for the West Valley Transit Center Project in order to solicit comments from the City on their proposed improvements. The City's only comments at that time were in regard to the removal of the large trees along the knoll above the existing transit center. A volley of written correspondence ensued between the Community Development Director and VTA regarding the tree removal issue, with VTA in the end agreeing to provide additional trees. After the completion of the transit improvements at the College, it was discovered that there were plans to build an Operator's Facility (restroom) at the corner of Allendale and the ingress to the Transit Center (the plans transmitted to the City for review were absent of any details regarding the facility or its purpose, nor was the City given the opportunity review specific architectural plans for the facility). Concerned nearby residents asked the City to help facilitate a dialog with VTA and the College regarding the location of the restroom. A site meeting was held between nearby residents, VTA representatives, College representatives, City staff, and Council Member Ann Waltonsmith. VTA agreed to delay the completion of the restroom until alternative locations, which were identified at the site meeting, were investigated. A subsequent site meeting between the same parties was held to discuss the alternative locations and their associated costs. Six alternative locations were identified, and VTA and the College identified two as being viable (site plans will be available at the City Council Meeting showing the two alternative locations). The costs associated with the relocation to these alternative locations range from $196,000 to $350,000. VTA has been adamant that they do not have any funds for the restroom relocation and the College, although supportive of the relocation, has indicated that they will not participate in funding its relocation. However, VTA has agreed to provide additional landscaping and screening of the restroom at its current planned location to make the restroom as unobtrusive as possible. Currently, VTA has indicated that they need to proceed with the construction of the restroom as soon as possible. VTA representatives aswell as interested residents will be present at the City Council Meeting to provide feedback and additional information to the City Council regarding this issue.' FISCAL IMPACTS: Depends on Council's direction. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): N/A. ALTERNATIVE ACTION(S): None in addition to the above. FOLLOW UP ACTION(S): Depends on Council's direction. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: None. 2 of 2 -4 SARATOGA CITY COUNCIL MEETING DATE: July 17, 2002 n AGENDA ITEM: ORIGINATING DEPT: City Manager's Office CITY MANAGER: ~~~~~- PREPARED BY: Lorie Tinfow DEPT HEAD: SUBJECT: Additional Services for Saratoga Library Project RECOMMENDED ACTION(S): Authorize an additional change of $13,338 to be paid to Field Paoli for subconsultant O'Mahoney & Myer to design a telecommunications and data network cabling and termination system for the library and to assist in preparation of scope of work for RFP purposes. Authorize expenditure ofnot-to-exceed $11,000 for performance of mold remediation work and inspection fees. Award of bid to American Technologies, Inc. for performance of work. REPORT SUMMARY: Telecommunications/data nework design. This work was called out separately from both the architectural design work completed previously and the construction contracts, although the necessary conduit and ductwork were included as part of the construction bids. Funds for this scope of work are called out separately in the budget under "Tele/Data and Security." A Field Paoli subconsultant is completing the design work and billing will be done as a change order to the architect's contract. Part of the reason for waiting was to capture state-of--the-art design methodology and equipment specification for the library. Once the design is complete and a scope of work prepared, a request for proposals will be issued and a contractor hired to install the system. Mold Remediation Services. Mold was discovered growing on a small amount of the wood used in construction of the library. A testing laboratory has determined it to be non-toxic mold but potentially allergenic (see Attachment A). Right now, no standards exist for use of such mold-covered wood in construction-in other words, wood with the type of mold found is considered acceptable by agencies such as the US Environmental Protection Agency and the Western Wood Products Association for construction projects such as the library. However, the lab report recommends removing the mold and treating the wood by implementing the protocol included in the report. While not required, staff recommends that the City err on the side of caution and implement the remediation protocol. Proposals have been submitted by two independent qualified remediation contractors. Upon reviewing the proposed scope of work, and determining conformance to the recommended protocol, staff recommends awazding the remediation scope of work to Advanced Technologies, Inc., for the amount of $7,250. Upon completion of the remediation, EnviroScience, Inc. will conduct post remediation inspection and clearnence sampling for the estimated amount of $3,000. The total cost for the performance of mold remediation work and inspection fees as currently defined should not exceed $11,000. FISCAL IMPACTS: The budget includes a line item of $80,000 for telecommunication design services and installation. No additional funds aze necessary unless installation proposals exceed the balance available. Mold inspection and remediation services were not included as part of the library budget so staff requests funds be added to the budget summary keeping within the $14.5 million currently available. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): The new library will not have telecommunication and data services. The mold will not be remediated. ALTERNATIVE ACTION(S): None. FOLLOW UP ACTION(S): Staff will sign a change order with Field Paoli for the telecom services and execute an agreement with a mold remediation firm. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: Attachment A: Testing/Assessment/Protocol Report from Environmental Consultant for the Saratoga Library Project Attachment B: Bid Proposals Jun 27 02 03:04p EnviroScience, Inc. 408-371-4186 p.2 f n s'~~ t ~. ~ ~` '~~EnviroScience, Inc. An Envilonmenta/ Consulting and Irro'ustnaf hygiene ComFaany BACKGROUND BULK/ "TAPE LIFT" SAMPLING FOR NON-VIABLE FUNGI (BY AN INDEPENDENT 1NDUSTAUU. HYGIENE CONSULTANT) 1.0 BACKGROUND The undersigned representative of EnviroScience, Inc. (ESI), an independent industrial hygiene (IH) consulfing fine, representing City of Saratoga, hereby presents the results of the background bulW "Tape Lift" sampling for non-viable fungi, conducted at the location listed below (Site). 2.0 GENERAL INFORMATION SITE LOCATION I Saratoga Public Library 13650 Saratoga Avenue Saratoga, California 95070 TESTED Various new and existing wood framing members SURFACES throughout the construction site PROJECT MANAGER I Hooman Sotoodeh, Ph.D., PE EPA-Certified Building tnspectoi/Piojact Designer Ca1R7SHA-Cert%ied Consultant (a93-]o97) SAMPLING DATE 106/18/02 REPORT Ms. Lorie Tinfow SUBMITTED TO Assistant City Manager REPORT DATE 06/27!02 SIGNATURE 3.0 PURPOSE & FIELD OBSERVATIONS The purpose of ESI's limited Site investigation and Tape Lift sampling, was to determine the genus of the visible fungi growth present on various existing or newly-installed wood framing members at the Site. During the Site inspection, ESI's field representative noticed suspect blade spots resembling fungal growth on various wood framing surtaces throughout the new and old sections of the Library under constnlction. At the time of the Site inspection, none of the wall framing had been covered with plywood or drywall. 22205. easrom Avenue•Campbell•Qafikrnia •95008•/408)371<791•FAX (409)371-O 186 Attachment A Jun 27 02 03: O5p EnviroScience, Inc. 408-371-4186 6.0 CONCLUSIONS & RECOMMENDATIONS There are currently no regulatory standards as to acceptable levels of settled mold it indoor environments or on surfaces. Based on a number of similar studies, ESI and other industry experts have concluded that Rare (.e., 1-5%} concentration of settled fungi on surfaces can be regarded as background or ambient levels. The independent laboratory finding of the 3 tape lift samples from the new and old wood framing members, have confim~red presence of Many to Loaded (i.e., 60- 100%) concernraGons of Ascomycete species fungi in all samples. Ascomycete are generally categorized as a plant pathogen and sporulate (grow) on living host plants or moist wood or other cellulose sources. Depending on genus and spades, Aswmycete can be allergenic. Pending lads of any regulation or enforcemern, moist or wet lumber often grows this type of fungus, whx~r 'rf left untreated could potentially regrow on adjoining drywall or other cellulose-based construction materials. ESI recommends that all suspect fungal growth on wood framing members on Site be remediated by a trained and experienced mold remediafion cornractor, in strid accordance with the remediation protocol listed in Appendix B. 7.0 LIMITATIONS p.4 This report was prepared solely for the use of ESl's client, Clty of Saraloga, and theirdesignated representatives. No part of this report shall be copied or used for any purpose by anyone otherthan the client, without written consent from ESI. Any reliance on this report by a third party is at such party's sole risk The contern and conclusion provided by ESI n this report are based on very limited irnomration colleded during its assessment, which include, but are not limited to, visual Site inspecction, limited sampling and analysis, and our professional judgment. ESI did not attempt to perform exhaustive sample collection at the site. ESI only conducted non-viable sampling. ResuRs of viable bulk sampling for mold may provide substantially different results. ESI assumes that the samples collected and laboratory resuRs are reasonably representative of the entire building, which may not be the qse at unsampled areas. The results of the sampling and the recommendations made are applicable to a small window of time on the date that sampling was conducted. Any generalization of these recommendations to other limes and dates may not be applicable or accxirate. This assessment was pertormed h accordance with generally accepted prindples and practices of environmental engineering and assessment in Northam California at the time of the work This report presents our professional opinion based on our findings, tedtnu~l knowledge, and experience working on similar projects. No warranty, either expressed or implied, is made. The limited conclusions presented are based on the current regulatory climate. We are not responsible for the impact of any changes in environmental standards or regulations in the future. Backggrroound BaIX ng /a Nm-Y~aWe Fu+gi at Page 3 the Saramgn Publk • Santaya, Ca&krnie EnW°Saence, MC t. Jun 27 02 03:OSp EnviroSeience, Inr: EMSL Analytical, Inc. l07 Haddon.4verrue, Wunnon[, NJ 08108 {856) 858800 Lliatt: iltviroScienceJnc. 2220 S. Bascom Ave Campbell, CA 95008 Atm. Projtct: Saratoga Libr. 408-371-4186 p.6 EMSL Reference: 370202808 Date Reecived: 6119/OZ Date Analyzed: 6/20102 Rate Reported: 6/24!02 Bnngal IdentiFcatioD For the Analysis of Direct Examination Sample Laatioo Fungal ldratificatioa Cooceatrnlioa Comments i SL-TLl Tapc LiR from 4zG Ascomyate species Loaded NE Comet Wall Aspergillus/Peniaillium species Ruc SL-TL2 Tapa LiR from 2x4 Ascomycete species Many Old section aaass AspergilluJPenieilli0m species Rue F.P.(blaek fuzzy) .. SL-Tl,i Tape LiR from 4x6 Aseomyeete species Loaded on the SE comer AsptrgilluslFenieilliam species Few (New) (dark brown} Cladosporiom species Rare Semi-OuanfimNve CoattntraKom Rare • 1 to 4 spots seen oa prep Few - 5 to 10 sports seen on prep Moderate - 0 to 1 per high power field Many - 1 or snore per high power field Loaded -Little background `~ / / ,/~ •. ,.,~, ~__~ ~- '- Approved EMSL Sio story Samaai LcvtO MS ~ of ~ Laharatory Meager Jun 27 02 03:06p EnviroScience, Inc. 408-371-4186 p.H t• PERSONNEL QUALIFICATIONS Surtaces contaminated with mold are hazardous. Given chat mold remediation will take place outdoors, ESI does not foresee the need for a containment and negative pressure differential on this project. Personal protective equipment in the form of toll body coveralls, booties, goggles and gloves, proper respiratory protection (equipped with HEPA fitters), and acentrally-bcated decontamination faality, however, are required. The selected mold remediation wrltractor shall be in compliance with the folbwing Caf'rfomia regulations: • CCR, Title 8, Section 1531 Respiratory Protection • CCR, Title 8, Section 5194 Hazard Communication Provide right-to-know training on exposure to the chemicals used and the health effects of exposure to the fungal organisms. SAFETY Designate and maintain emergency and fire exits from the work area in accordance with local codes and regulations. All exits must be ctearty marked with fluorescent tape or red enamel and must be visible from any and all parts of the work area. PERSONAL PROTECTIVE EQUIPMENT (PPE) Respirators Fuu or half lace negative pressure, air purifying respirators (North 7600 series), equipped with CD/CUHC/HF/OV/SD/P100 cartndges. This cart-idge protects against chbnne dioxide, chlorine, hydrogen chbride, hydrogen fluoride, organic vapor, sulfur dioxide and provides a HEPA fitter to protect against particulates. Coveralls Disposable Tyvek® (or equivalent) coveralls covering both the head and the shoes. Gloves Neoprene, rubber, feather or cotton depending on the material to be removed. Leather is recommended when sharp material is expected to be encountered during the demolition. Tools Pliers or cutters to break up metal mesh in plaster walls or to a# drywall. These and other tools are used to reduce skin contact with sharp objects. CONTAINMENT OF AFFECTED AREA Given that the work will take place outdoors, full containment or negative pressure differential will not be necessary. Prior to start of remediation, however, isolate each section of the work from the balance of construction using a caution tape at least 10' away in an directions, and a Emil poly drop sheet on the floor, directly under the work area Relocated the caution tape as work progresses, and use new sheets of drop poly for each new section of work. Limbed Remedia9on Probmf M Mm~veMe Fungi at Pepe 6 the Serabpe P,AGc L~Mary • Sera~ope, CaN0.vni8 EmiroSaence, lnc. Jun 27 02 03: 06p EnviroScience,Inc. 408-371-4186 ff the Client objects to having any mold-treated wood framing member painted white with the Foster fungiddal protective coating 40-20, he/she should notify the remediation contractor in writing prior to start of the work An akemate non-tinted, anti-microbial sealant may be available as a substitute. HANDLING WASTE Mold-contaminated material may be placed in Emil dear plastic bags, or in 55 galbn drums inside the regulated area Before removal from the Site, close the bags or drums, and dean the outside surface carefully. Currentiy, there are no spedal requirements forthe disposal of moldy material. Moldy material that are bagged, can be disposed of with other constnxx;tiion waste. POST REMEDIATION VISUAL INSPECTION AND CLEARANCE SAMPLING 1. Upon completion of remediation work and final leaning as stated above, and upon request and authorization by the Client, an ESI field representative will conduct a final visual inspection of a)i leaned surfaces. Any defilenles shall be noted, and Cleaning shall continue until visually accepted by ESI; 2. To assess the effectiveness of mold remediation activfty on Sfte, ESI's field . representative will also collect random bulk samples for non-viable fungi on remediated wood surfaces; 3. Should any of the results inc6cate the need for adddional leaning (i.e., mold spore counts higher than Rare), recleaning shall be perforrned by the remediation contractor, and clearance testing repeated, until satisfactory. COMPLETION OF CLEANUP WORK The Cleanup Work is considered complete upon meeting the work area clearance criteria and fulfilling the following: 1. Remove all equipment, material, debris from the Site; 2. Properly dispose of all waste and contaminated plastic sheeting. p. 10 limited FernedJadon Prot,ad kx NarYeLJa Fungi e7 Pgpe 8 tl,e Seratopa Pudlc 12rary • Saratoga, Celi/an® F1rNroSdexe, lrrc American Technologies, Inc. Fax To: Ms. Lorie Tinfow, Assistant City Manager From: Mike Fort FAX #: (408) 867-855? Pages, including cover:4 Date: July 9, 2902 Comments Gear Lone, Here is cur price & work proposal for the mold remediation at the Saratoga Libr-ar~ based on my job walk Witt; ~Nr.r,'ccman Soicodeh of cnviroScience, lnc. . !f ycu have any quesSons or need additieral information please call me @ (510) 77=t-?282, If this is scope is acceptable, let me know and 1 will far aver a one page work authorzatlon form to be signed. nk ~7`- Mike ror, -..J Attachment B July 9, 2002 1~11CROBL~L RE~iEDiAT10N PROPOSAL (CALIFOR~L~) City of Sazatosa 13b~0 Saza2oga avenue Sazatoga, Ca atten: GIs. Lorie Tinfow Dear Lori: American Technologies, Incorporated cordured an inspection on Juiy 9, 2003 due to iViicrobial contamination on woad frarung of the new Saratoga Librazy. ~~„~ AMfRI~AN Tf~HNOiaGIfS, IIVC. A>I~IfJ41CAN RfSTflRATI~N _. As you reeuested, American Technologies, Incorporated'.tas prepared an estimate for the microbial remediation of the facility listed above based on the report wriren by EnviroScieace, Inc. and our professional opinion. Scone of W-ork 1. Scope of Work. The proposed Scope of Work is as follows: 1.1 Remediation and Removal. The followins wor.'< will be performed: x111 wood framing will be physically cleaned using a combination ofF'EPa sandins, wire brssi-rina and I~Pa vacuumins. Once the areas are visibly clean, we will apply a biocide solution to help irradicate any unseen spores in the affeced areas. Unor: inspection of the wood framing to it's cleanliness, an aplication of an anti- nucrobial eacapsulant will be applied to help inhibit futnte mold ?rowth. Quantity of wood fnmina: • Sixty five-(4"s6") l0 feet in ieneth Eight-(_"x~")-i0 feet in ien~nh Twelve-(4"x6")-ZO Tee: in !eneth Twelve headers-(4"x12")-13 feet in (engtit (a) CCRPC(7ATE CF~~CE 18?i a16c7 tVay Ananair+t. CA =7805 (i!el ?59-E?EO • Fax: r71+) 939-950 16007 E00-c'756 The mold wiiI be removed an addironai nveive inches from each direction of the visible active <?rowth. CNATSWOFTfi SAN nIE''s0 NCATHERN CAUFOFNIA .97(17 :oean0a Cariro„'dace ~87R1 i00-1060 F.'tx.''R;RI ~T00-5065 (817) +00-a?r. ?83?Ollleso~e !/av 32?777aala Avenue e-i Calon, C.: 9e"UZG Xaywat¢ G ?ESE$ !619)62-%i3C • rax::6to)56Z:75? (510)TS5~55l0 • max: !5701 _°65SSTv" (866) E00-e353 !8881=00-9°SZ (b) Exposed building framing members and ether surfaces shz11 be cleaned . using combinations of vacuumins with equipment having Kish encieacy particulate air (HEPA) 5ltration, wet wiping, etc. with a suitable biocide. (c) Where visible mold reservoirs cannot be completely removed under or between studs or other wall locations, the surfaces shall be treated with the biocide & encapsulated. 13 Decontamination Removal Requirements and riethods. (a) A 6 mil poly "drop sheet" will be pieced below the work areas. (b) Workers inside the containment shall weaz, at a minimum, ti70Sfi approved half-face air purfyins respirators with a combination HEPA and either an organic vapor, sodium, hypochiorte, or acid gas filter cartrid_es (as recommended by the antimicrobial chemicals manufacturer). (c) :A1 Remediation personrei performing mold remediation work, ircludins personnel who may access Work Areas for any other puroses, must be approprately trained as outlined below: • The hazards associated with werdng with mold, ~iCVI, dusts, and other debris in accordance with T8, CCR. §5194 (I-Iazazd Communication Standard}. • The appropriate use, maintenance, and lin•~itations of respirators in accordance with TS, CCR §~ 1<?-' (Respiratory Protection Stardazd}, includins appropriate resnitator fit testing. 1.3 Disposal Requirement (a) Waste and debris will be disposed as regular municipal cpnstrsction waste. . All removed bICNL plastic sheeting, cleaning materials, and perenal protective equipment that has been decontaminated prior to bagging or comainerization may be treated as ordinary construction waste and debrs. The waste and debris shall be double-bagsed anaior double-wrapped within Work Areas usins impermeable plastic bags ana/or sheetine that are aoproprateiy labeled. Upon ;entev;il from Work Area, such waste shall be elated into disposal bins. 1.? Final Clarances W'ul be ccnducred by a third party. i.5 Limii:itions on Responsibility. ATI will not be responsible for the foilowins: (al vJarks on floors, walls. or wallpaper due to adher;ng layers of polyethvleae, or the : emova] of meld-containing mate..^:ai. (b) Damage tc the substrate in connection with removing, decontamination and eacapsuiation. (c) Any gas. eiectrc or water failure. AT_ I technicians do not disconnect or reconnect appliances. 2. Contract Price and Payment. .1 Price. ATI will pe:-ioctn the Work described in this proposal `or the sum of S%,ZSU.00(Contract Price). T~tis amount inciuces the cost of a111abor, material, ~.J transponation and disposal or""the waste. 2.2 Payment Terms Payment is due within ten I O days after receipt of ATI's invcice. Any payment due and unpaid for more than 30 dzys, shall bear interest from the date paymeni w-as due at the lesser of eighteen percent (13°~) per annum or the maximum rate permitted by taw. The Client wiil be respensibie for any a~~orneys' fees and collection cesu ATI incars in enforcine collection. 'the Client shall, open ATI's wrircen ceque~, provide ATI with any information that is necessary or relevant fee ATI to evaluate, eve notice of or enforce mechanics lien rights. Suc:, infernadcr. shall include a correct statement of the record legal tide to the property on which the Work is being per_`ertted, Client's interest in such property as of the date the Agreement (descrbed below) is sighed and, within five (f) days after ary change, i:tfornation concerning such chance. Please sign the attached one page meid work proposal to accept this eroposal and authorize ATI to perform the Work. Y'ou shculd retain a copy for your records and return the executed or,'ginaI to ATi s office. Respec,~,>ily submitted, American TechnoiaQies, Inc. (License -~ ;1'S-t) ~~.,~ -- ~zJ ~-~- NGchae! ti%. Fort EPA &OSHA-Certified Jul SO 02 02:56p ~~ RESTORATION- 1NC. Jmly lo, zoo2 VM Restoration 5103523913 p.2 License #718813.1575 Alvarado St. • San Leandro, CA 94577-2640 • (510) 35239th (800) 350-2557 • Fax (510) 352-3913 Saratoga Public Library 13650 Saratoga Avenue Saratoga, Ca 95070 attention ; Ms. Lone Tinfow Re ; 13650 Saratoga Avenue, Saratoga Mold Remediation Work Scope of Work The building is presently under constmction, there are man}' areae where the framing is open and exposed. This estimate is for mold remediation work to be performed on selected areas on the exposed construction lumber, there is no work to be performed on any of the engineered lumber. Selected areas are ; Window headers 12 items - 4" x 12" x 6' Framing 65 items - 4" x 6" x 10' Frandng 12 items - 4" x 6" x 20' Framing 8 items - 2" x 4" x 8' - Isobtte all areas of ttrmediation ,with caution tape. - Install a 6 mil poly drop cloth under each work area. - Install and maintain a two stage decontamination unit equipped with a changing area and a wash down station for use as a de-con, in the central area of the site. - Hepa -sand all ~9sable growth on the selected areas of wall fuming. (no work on the engineered lumber ). - Clean and sanitize all of the selected lumber with a bio-ride. - Wheu all surfaces aze dry, a visual inspection will be performed by job site foreman. - All surfaces that were cleaned will then have an approved encapsulant applied. - Upon receiving cleazences from the Hygenist, all equipment will be removed. - All work will be performed in strict aceordence with the protocal provided by Enviroscience. Total cost for this work is ........................................................ $ 7,980.25 Respectfully submitted I ~i ffe son V & M Restorntion Inc. L J 4985 E. Landon Drive • Anaheim, CA 92807.1972 • {714) 970-9140 • (S00) 451-5380 • Fax (714) 970.9171 21141 Itasca SL • Chatsworth, CA 91311-4928 • (818) 349•FIRE (3473) • Fax (818) 349-3566 2509 Del Monte St. • Wesi Sacramento, CA 95691-3849 • (S77) 748-2636 • (916) 376-0110 • Fax (916) 372-0880 - 15100 Woodinville Redmond Rd., Bidg. A. Unit #600 • Woodinville. WA 98072 • (866) 304-3473 • (425) 483-5033 • Fax (425) 483-2633 SARATOGA CITY COUNCIL MEETING DATE: July 17, 2002 ORIGINATING PREPARED BY: AGENDA ITEM: CITY MANAGER: ~C/~G=~~--- DEPT HEAD: SUBJECT: AS400 System Upgrade RECOMMENDED ACTION(S): Authorize the purchase of an upgrade for the City's existing AS400 computer system, and appropriate $31,000 from the MIS reserve for this purpose. REPORT SUMMARY: The AS400 is the backbone server to the City of Saratoga. The functions the A5400 provides include applications for financial, personnel, land management, building permits/inspections, code enforcement functions, among others. Some of the reasons that staff is recommending an upgrade to the existing system are as follows: • Obsolete -This system is now about 5 years old and there is no support from IBM or HTE for Hazdwaze or Software. • Capacity -The system has reached its maximum capacity and therefore, it is not possible to expand its capabilities. There are several crucial areas such as Memory, Micro Processor, Hard Disk, Network Interface Card, Modem, etc. that can not be incrementally upgraded. • Software Limitation -Due to hardware limitations and older version of the Operating System, we are not able to upgrade to the latest version of the HTE software which runs the majority of the City's applications. This also limits us from getting any other Softwaze Patches or Service Packs from IBM or HTE, etc. Due to this issue we had difficulty generating the 2001 W2 forms and other IRS updates. • Network Support -Current HTE Client access software does not comply with the Technology Master Plan implementation of Windows 2000 Pro which is needed for higher security and stability network wide. For example, we were not able to export the Business License data file using HTE Client Access version 5.1 The benefits of unaradine: • Higher security for critical fmancial data and financial applications. • Increased system stability and reliability. • Increased connectivity and portability. • Increased productivity with faster network access and processing power. • Increased capabilities with the newer version of HTE applications. • Increased performance with the newer versions of the IBM operating system. • Ability to purchase the much-needed annual IBM maintenance support, which includes periodic software upgrades and Program Temporary Fixes. • Higher level of system administration and operation capabilities. • Does not need to configure a separate system as a Gateway in order to communicate with PCs across the network like we have now. FISCAL IMPACTS: Funds established as a MIS reserve for this purpose in the amount of $165,000. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION (S): • No support from IBM for either hardware or software • No support from HTE for newer versions, upgrades, and patches • Unable to receive annual IRS updates for W2s and 1099s, etc. • Decreasing system reliability and higher chance of system crash and potential loss of data • Memory and storage is at maximum and we are already passed the safe (70%) threshold • AS400 network interface card is old and obsolete causing bandwidth bottleneck • Tape Drive is obsolete and data backup has reached it's capacity therefore, very difficult and time consuming to maintain substantial backups. • Unable to interface with newer versions of Microsoft Windows operating systems. • Unable to upgrade to the later versions of Client Access software, etc. ALTERNATIVE ACTION (S): None in addition to the above. FOLLOW UP ACTION(S): None. ADVERTISING, NOTICING AND PUBLIC CONTACT: None. ATTACHMENTS: ,. SARATOGA CITY COUNCIL MEETING DATE: July 17, 2002 AGENDA ITEM: ORIGINATING DEPT: Administrative Services CITY MANAGER': t/`5~~- PREPARED BY: '"~ DEPT HEAD: ~- SUBJECT: Schedule of Fees - FY 2002-2003 RECOMMENDED ACTION(S): 1. Adopt the Resolution amending the Schedule of Fees for FY 2002-03. REPORT SUMMARY: On June 5, 2002, after the close of the public hearing, City Council recommended that Finance Commission conduct further review of the proposed fee schedule with the presence of the Community Development Director. Finance Commission met on June 17, 2002 to review the proposed cost recovery structure, implementation and administration process, and to also compare the fee and deposit practices of other cities. Finance Commission motioned the approval of the 2002-03 Schedule of Fees with the recommendation that a review of the cost recovery program be provided during the mid-year review of the budget. FISCAL IMPACTS: As stated in the resolution and referenced in the Preliminary Operating Budget document. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): The 2001-02 Schedule of Fees would continue into the new fiscal year. ALTERNATIVE ACTION(S): Direct staff to return with a modified Fee Schedule. 4 FOLLOW UP ACTION(S): None. ADVERTISING, NOTICING AND PUBLIC CONTACT: A general notice of the budget hearing was published in the Saratoga News and mailed to the Community Group list. Public hearing already conducted on June 5, 2002. ATTACHMENTS: 1. Resolution, as stated above 2. March 12, 2002 Memo from Community Development Director 3. Department application and tracking forms 4. Comparison with other cities on use of a fee deposit system i U 2 of 2 r RESOLUTION NO.02- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA ESTABLISHING A SCHEDULE OF FEES WHEREAS, the City Council reviewed the proposed operating budget for Fiscal Year 2002-03 at a duly advertised public hearing and took cognizance of all testimony presented, both oral and written, at its regularly scheduled meeting of June 5, 2002; and WHEREAS, the City Council annually adopts resolution that establishes the fee schedule for the ensuing fiscal year. NOW, THEREFORE, the City Council of the City of Saratoga hereby resolves as follows: Sectioti.t: The fees set forth in the attached exhibit "A" are hereby established pursuant to the Saratoga City Code and shall be paid to or collected by the City for each of the applications, permits, extensions, renewals, services or other matters enumerated therein. No application shall be deemed filed or complete until all required fees have been paid in full to the City. Secrinn 7: Resolution Number 01-037 and all amendments thereto are hereby repealed in • their entirety, it being the intent of the City Council that the fee schedule adopted by this Resolution shall supersede all prior schedules pertaining to the same subject matter. Secrinn 3: This Resolution shall become effective on August 1, 2002, and shall be applicable to all fees and deposits which are payable to the City from and after the effective date hereof. The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the 17th day of July, 2002, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Nick Streit, Mayor ATTEST: Cathleen Boyer, City Clerk • CITY OF Sl[RAT06A-=EEE'SCHEDUL£--~EffacBve Aa ust3,'2002'~: ~,:. _ '. , ~. ', §2-05.030(a) Appeals to Ciry Council Filing fee $700 if no public hearing • $200 if public hearing required §4-05.130 Business Licenses Duplicate license fee $10 §4-10.010(c) Fairs, carnivals Permit application fee $100 §4-70.020(c) Card games Permit application fee $1,250 §4-15.040(b) Public tlances Permit application fee $1,500 §4-75.090(b) Public dances Permit renewal fee $7,500 §4-20.040(b) Private patrols Permit application fee $200 §4-20.050 Private patrols Employee application fee $50 §4-20.090 Private patrols Permit renewal fee $100 §4.30.030(b) Firearms Application fee for permit to sell $300 §4.30.060 Firearms Permit renewal (ee $750 §4-35.040(b) Secondhand dealers Permit application fee $300 §4-35.070 Secontlhand dealers Permit renewal fee $150 §4-40.030(b) Taxicabs Certifcate application fee $300 §4-50.030(b) Petltllers & solicitors Permit application fee - One solicitor $700 2-5 solicitors $150 6-70 $250 11-20 " $300 21 + $350 Photo I.D. fee $25 per batlge §4-50.060 Peddlers & solicitors Permit renewal (ee One solicitor $50 • 2-5 solicitors $75 6.70 $125 11-20 " $150 21 + $175 Photo I.D. fee $25 per batlge §4-55.050(c) Massage establishments Permit application fee $750 Permit for managing employee $350 Permit for massage practitioner $350 Examination fee As set by Examiner Backgrountl investigation/finger prints As set by Sheriff §4-55.080(f)(1) Massage establishments Appeal hearing fees Permit tlenials $500 Permit suspensions/revocations $7,500 §4-55.090(e) Massage establishments Annual permit renewal $375 Annual permit renewal, managing $175 employee Annual permit renewal, practitioner $175 Section 4-60.050(b) Motion Picture Filming Permit application fee $500 Section 4.65.030(5)(b) Recyclers Permit application fee $300 Section 4-65.060 Recyclers Permit renewal fee $750 §4.80.050(b) Valet Parking Permit Application Fee $300 §7-05.200 Garbage disposal charge Lien atlminisirative $100 §7.05.210 Garbage disposal charge Special assessment $50 §7.20.200(c) Dog License Spay/Neutered I yr/$11, 2 yrs/$19, 3 yrs/$26 • NO 1 yr/$50 §7-20.200(c) Cat License Spay/Neuteretl 1 yr/$6, 2 yrs/$11, 3 yrs/$16 No 1 yr/$12, 2 yrs/822, 3 yr/$36 Cat Lifetime License Altered $40 CITY OF SARATOGA ~fEE SCHEDULE.-EffeCtiJa Au ust 1; §002 . CODE REFERENCE SUBdEC7 ' ` fEE D~$CRIPTION - - -' °~- ~~ ~ ~. ~ ~ fEE ~ ~ '- Impound Fees Dogs/Altered $28 . DogslUnaltered $56 CatslAltered $28 Cats/Unaltered $56 Other tlomestiUExotic $28 (e.g. Chickens, Rabbits, Reptiles) Boarding Fees Dogs/Altered $11 DogslUnaltered $22 Cats/Altered $6 Cats/Unaltered $18 Other domestiGEzotio-All $11 Late Penalty Delinquent Penalty for Licensing $15 §7-20.200(h) License Tags Replacement Tags $5 Returned Check Charge $25 Trap Deposit (Refundable) Dog $50 CaUSkunk $35 Other Small Animal Traps $30 Trap Rental Dog Daily/$5, Weekly!$25 Cat Daily/$3, Weekly/$15 Other Daily/$2, Weekly/$10 Quarantine Fees (Home) $38 Field Service Charge $23 Animal Establishment Permit $56 Unaltered Animal Fee--In addi tion to Unaltered Impound Fee 1st Impound $35 2nd Impountl $50 3rd+ Impound $100 .7-20.145(e) Vicious Animals Permit Fee $50, plus additional wst of inspection by staff. §7-20.210(a) Animal Establishments license fee -issuance $250 §7-20.210(9) Animal Establishments license fee • renewal $125 §7-20.220(9)(2) Horses license fee issuance $50 §7-20.220(9)(2) Horses license fee-renewal $25 §9-40.080(h) Trucks Single Permit $25 §$-40.080(b) Trucks Annual Permit $100 §9-45.040 Off-street vehicles Permit application fee $125 §9-55.060 Abandoned vehicles Atlministrative fee $250 for removal §10-10.030(c) Special events Permit application fee $100 §10-15.020(a) Pipes, drains & conduits Permit application tee $300 Utility service connections $250 Routine 0 8 M work by utility agencies - $500 Major repairs or capital $500 plus 1.5% of estimated improvements by utility project valuation. agencies §10-20.080(a) Permanent Encroachments Permit application fee $300, or 10% of the most Use of Ciry Right of Way recent assessed value per square foot of the area covered by the permit, whichever is greatest. Encroachment permits $50 per annum for real estate Open House Signs for each real estate _ office CITY OF_SARATOGA -fEE`SCHEDWLE - Effect9ve Au ustil, 2002 rCODEREFERENCE 'SUBJECT FEE;DESCRIPTION ;sFEE §71-10.020(c) Wildwood Park Picnic Area With Barbeque $55/Day per area Stage $45/Day Horseshoe Pit $10/Day Volleyball Court $10/Day Funtlraisers $500/Oay (plus wages & overhead for 1 stall person if more than 500 persons in attentlance). El Ouito Park Picnic Area $35 RESIDENTS-20% DISCOUNT Resident Non-resident Refundable Security/Damage Deposit (both parks) $50 Processing Fee (both parks) $15 Fieltl area with picnic rental $ 10 $ 20 Adult Organizetl Sports Groups, per hour fell use $ 15 $ 25 Youth Organized Sports Groups, per hour field use $ 5 $ 15 Community Center Multipurpose Rm w/kitchen $95/Hr. Senior Center Rm w/kitchen $80/Hr. Patio Rm $45/Hr. Arts & Crafts Rm $40/Hr. Dance Studio $40/Hr. Conference Rm $20/Hr. Garden Patio $200/Day (available only when renting a room w/kitchen) RESIDENTS-10°/ DISCOUNT Warner Hutton House House $60/Hr. Warner Hutton House Gartlen, Patio & Gazebo $60/Hr. House & Garden $95IHr. RESIDENTS-10% DISCOUNT Reservation/security deposit $300 Processing Fee $25 Nan-Proft Organizations Any facility 50 % Discount of hourly rate Resident Non-resident Community Gartlen Plot Water Usage Charge $ 75 $ 75 Standard Fee $ 30 $ 35 Senior Fee $ 25 $ 35 Blaney Plaza Banner Fee $150/wk $150/wk Civic Theater Civic Theater Rehearsals $95lday Civic Theater Pertormances $285/day Partial use of stage $100/per hour Move in/move out $45/tlay Informal rehearsals $35/tlay Surcharge ~ $1.00 per ticket sold §73-25.010 Heritage preservation Application for tlesignation Permit application fee ~ No charge Appeal fee No charge Measure G Application for election to No charge amend the General Plan. • CITY OFSARATOGA -FEE SCHEDULE -Effective AU ust 1;:2002 -, ., ' ' . :. ; ; . Local Agency Fees Reproduction and subscription fees Not to exceed the estimated amount requiretl to provide the service for which fee is levied as periotlically tleterminetl by the Finance Director. SUBDIVISION AND ZONING REGULATIONS CITY CODE -CHAPTERS 14, 15 Pursuant to Sections 14-05.050 antl 15-05.070 of the City Code, the following fees and deposits are establishetl for the applications, permits, extensions, renewals, services antl other matters enumeratetl below. The fees are basetl on estimated costs to the City to process these various applications. In atltlition to the payment of the fees establishetl herein the applicant shall hold the City harmless from all costs and expenses, including attorney's fees, incurred by City or held [o be the liability of Ciry in connection with City's tlefense of its actions in any proceeding brought in any State or Federal court challenging the City's actions with respect to the applicant's project. Section 14-05.050(a)(3) Environmental review: Department of Fish antl Game EIR Fee $675 DFG +$25 Ciry. per AB 3156 Section 15-05.070 Environmental assessment fee $15001nitial deposit Department of Fish antl Game $1250 DFG, $25 City Negative Declaration Fee Environmental impact report Actual cost charged by consultants, administrative fee plus a 10 % Surcharge for staff analysis and a 25 % surcharge far City's indirect costs. Monitoring of mitigation measures As specified in project approval or agreement with developer. Section 14-05.050(b) Traffc and economic studies/ Section 15-05.070 other special reports Or studies: Administrative fee Actual cost chargetl by consultants ~ plus a 10% surcharge for staff analysis • and a 25 % surcharge for City's Indirect costs. Section 14-05.0550(b) Horticultural review: Section 15-05.070 Atlminisirative fee Actual cost chargetl by the Cily Horticultural Consultant plus a 70 surcharge for staff analysis and a 25 surcharge for Ciy's Indirect vests. Deposit for Horticultural review: $1,000 or as determinetl by the Community Development Director. Section 14-05.050 Application for tentative builtling site approval: $2,500 Section 14-05.050 Determination of exemption from builtling site approval: $500 Section 14-05.050 Application for tentative Map subdivision approval: Less than 101ots $5000 initial tleposit 10 or more lots $5000 initial deposit plus $150 (or each lot over 10 Subdivision Final Map $1000 initial tleposit Section 14-05.050(a)(10) Park development fee: $20,700 [Formula: 1990 Census 2.76 per householtl X (5 acres/1000 Res.X $1,500,000 acre)]. Section 14-05.050 Application for lot line adjustment: $250 Section l4-05.050 Application for merger of parcels: $250 Section 14-05.050 Application for reversion to acreage: $250 Section 15-05.070 Application for design review approval: Single-family main structure $2500 initial deposit (addition to-including demo. and new construction) Single-family main structure $3500 initial tleposit (newconstruction-vacant lot) Multiple-family ornon-residenlal main $3500 initial tleposit structure - (addition to-including demo. and new construction) Multiple-family or non-residential $5000 initial tleposit CLTY OF:SARATOGA -FEE 3CHEDU[f -Effective Au ust 1,2002 ~ ' ' CODE.REEERENCE '. SUBJECT ~'EEE:DESCRIPTION~ "FEE main structure (new construction-vacant loq Accessary structure $1500 initial deposit Administrative tlesign review $1500 initial tleposit Section 15-05.070 Application for use permit: Conditionally permitted land use $2500 initial deposit (no new construction) Conditionally permitted land use $3500 initial deposit (addition to-including demo. and new construction) Conditionally permittetl lantl use $5000 initial deposit (newconstruction-vacant loq Secontl unit-Planning Commission $2500 initial deposit approval Second unit-administrative $500 initial deposit approval Accessory structure or use $1500 initial deposit Temporary use -Planning Commission $500 initial tleposit approval Temporary use -administrative $200 initial deposit approval Section 15-05.070 Application for approval of accessory $500 initial deposit structure by Community Development Director Section 15-05.070 Application for variance' Accessory structure or use $1500 initial tleposit Single family main stmaure $2500 initial deposit (addition to-inclutling demo. and new construction) Single family main structure $3500 initial deposit (newconstruction-vacant lot) Multiple-family ornon-residential $3500 initial deposit main structure (addition to-including demo. antl new wnstruclion) Multiple-family ornon-residential $5000 initial deposit main structure (newconstruction-vacant loq Tentative subdivision map $5000 initial deposit Section 75-05.070 Application for Sign permit: Permits issuetl by staff $100 Permitsissuetl by Planning Commission Single tenant $500 multiple tenant $1,500 Section 15-05.070 Application for approval $100 satellite dish antenna Section 15-05.070 Application for storage permit $100 Section 15-05.070 Application for sountlwall permit $500 Section 15-05.070 Application for fencing enclosure $1,500 exception approval permit Section 15-05.070 Application for construction trailer permit $100 Section 15-05.070 Application for Tree Removal $25 Section 15-05.070 General Plan Amentlmenl $3500 initial tleposit Section 15-05.070 General Plan Amendment Requiring Election $3,500 initial deposit plus costs of election as tleterminetl by the City Clerk per Res. 96-28 to be deposited with the request for election. Section 15-05.070 Zoning Ordinance Amendment $3500 initial tleposit Section 15-05.070 Annexation: Waiver request $500 Exempt from LAFCO review $2,500 Subject to LAFCO review $5,000 plus LAFCO fee Section 15-05.070 Modification of approved application $1,500 S • • - GIl'Y OF~SARATOGA -FEE-SCHEDULE - Effec4ive Au ust 1";'2002 - ~, ~ (~ ; , , ` . ~ction 75-05.070 Extension of approved application Section 15-05.070 Request for continuance Document storage fee: Section 15-90.030 Appeals: Administrative fle Public hearing file Appeals from administrative tlecisions to Planning Commission per Section 15-90.010. Appeals from Planning Commission to City Council per Section 15-90.020. Additional fees: $7,500 $250 for second antl each additional request. $50 $150 $150 $250 In the event additional application processing services by the City are required by reason of changes, modifications, additions, errors, omissions, or tliscrepancies occasioned by the applicant orhis/her agents or representatives, the applicant shall pay an additional fee equal to the actual cost to the City of performing the additional services, as determined by the Community Development Director. PUBLIC WORKS DEPARTMENT--ENGINEERING DIVISION FEES CITY CODE CHAPTER 14 Section 14-05.050(x)(5) Geotechnical Review: Section 15-05.070 • Section 14-05.050(x)(6) Map checking fee: Administrative fee Deposit Parcel map, subdivision map, reversion to acreage, amended maps, administrative fee Section 14-05.050 Certifcate of Compliance Section 14-05.050(x)(6) Improvement Plan check fee': First $50,000 of estimated construction cost Next $50,000 of estimatetl construction wst Additional estimatetl construction Cost over $100,000 'The estimatetl wnsiruction cost shall be determined by the Public Works Director and shall be exclusive of the cost to construct public utility facilities if another public utility agency is collecting similar fees for such facilities. Section 14-05.050(x)(7) Inspection fee for Subdivision and Building Site Improvements Actual cost charged by the City Geotechnical Consultant plus a $500 fee for engineering staff work plus a 25 % surcharge for Citys indirect costs. $3,500 for the flrsl lot plUS $500 for each additional lot up to a maximum of $10,000, or a greater amount as determined by the Public Works Director. Actual cast charged by City Surveyor plus a 25% surcharge (or Ciys indirect costs plus $500 for the first lot plus $700 (or each atltlitional lot for each additional lot for engineering staff work. $500 for engineering staff work plus actual cost charged by City Surveyor plus a 25 % surcharge for Citys indirect costs. $2,500 minimum or 5 % of estimatetl cost, plus 4 % of estimated cost, plus 3% of estimated cost. Two times the Improvement Plan Check Fee. 1r~ u CfTY9FSARATOGA=FEE-SCHEDULE-°EffectiveAU ost-1'.3Q02. " Actual CAST chartetl by City Surveyor plus a 25% surchaf for Citys indirect costs plus $250 far the frst lot plus $50 each adtlitional lot for engineering staff work. Atlditional fees: In the event map check, plan checking, or inspection services by the City are required by reason of changes, modifications, atltlitions, errors, omissions, or discrepancies occasioned by the applicant or his agents or representatives, the applicant shall pay an additional fee equal to the actual cos[ to the City of performing the additional services, as tleterminetl by the Public Works Director. BUILDING REGULATIONS CITY CODE- CHAPTER 16 Pursuant to Section i6-05.030 of the City Code, the following fees and deposits are established for applications, permits, extensions, renewals, services antl other matters enumeratetl below: Section 16-05.030 Occupancy Inpections: $165 Section 16-05.030 Builtling Permits Total Valuation Building oermit fee' $1 to $2,000 $35 (Minimum) $2,001 to $25,000 $57 forthe frst $2,000 plus $12 for each additional $1,000 or fraction thereof, to and including $25,000 $25,001 to $50,000 $333 for the frst $25,000 plus $8.20 for each adtlitional $1,000 or fraction thereof, to and including $50,000 $50,001 to $100,000 $538 for the first 550,000 plus $5.80 for each additional $1,000 or fraction thereof, to and including $100,000 $100,001 to $500,000 $828 for the frst $100,000 plus $4.40 for each additional $1,000 or fraction thereof, to and including $500,000 $500,001 to $1,000,000 $2,588 for the first $500,000 plus $3.80 for each additional $1,000 or fraction thereof, to antl including $1,000,000 $1,000,000 and up $4,488 for the frsl $1,000,000 plus $2.50 for each additional $1,000 or fraction thereof `Plan Check Fee shall be 65 % of the Building Permit Fee Section 16-05.030 Plumbing permits Tvoe of oroiect Permit fee' Water Heater Replacement $35 New Single Family Dwelling $.03/S.F. (Minimum $62) Commercial/Professional $.03/S. F. (Minimum $62) Institutions, Multiple Residential $.03/S. F. (Minimum $62) Additions of more than 1,000 S.F. $.03/S.F. (Minimum $62) Additions of less than 1,000 S.F. ~ $62 Remodels, residential $62 (no added sq.ftJ Remodels, commercial $62 Swimming Pools, spas, hot tubs $62 (with pump and healer) Miscellaneous Structures $62 Miscellaneous permits without $82 associated building permit 'Plan Check Fee shall be 25 % of permit fee Section i6-05.030 Healing antl air wnditioning permits Tvoe of Project Permit Fee' • CITY OFSARATOGA-FEE SCHEDULE-Effeotive~Au u§t t 2442, '~ '~ ~ ' ;CODE'REFERENCE ~ .SUBJECT -FEE"DESCRIPTCC3N ::FEE . New single family dwelling $.025/S.F. (Minimum $62) Commercial/Professional $.025/S. F. (Minimum $62) Institutional, Multiple Residential $.025/S.F. (Minimum $62) Additions of less than 2500 S. F. $62 Additions of more than 2500 S.F. $.025/S.F. (Minimum $62) Remotlels, residential $.025/S.F. (Minimum $62) Remodels, commercial $.025/S.F. (Minimum $62) Miscellaneous Structures $.025/S. F. (Minimum $62) Miscellaneous permits without $62 associated building permit 'Plan Check Fee shall be 25%of permit fee Section 16-05.030 Electrical permits Tvoe of Project Permit fee' Single family dwelling $.03/S.F. (Minimum $62) Commercial/Professional $.03/S.F. (Minimum $62) Institutional, Multiple Residential $.03/S.F. (Minimum $62) Additions less than 1000 S.F. $62 Additions more than 1000 S. F. $.03/S. F. (Minimum $62) . Remotlels, residential $62 Remodels, commercial $62 Swimming pools, spas, hot tubs $62 (with pump and heater) Miscellaneous structures $62 Miscellaneous permits without $62 associated building permit 'Plan Check Fee Shall be 25 % Of permit fee Section 16-05.030 Grading permit Quantity (Total Cut and Fill) Permit fee' 100 cubic yards or less $300 over 100 Cubic yards $300 for the first 100 cubic yartls plus $75 for each additional 100 cubic yards or fraction thereof Section i6-05.030 Gratling Plan Check Fee: $425 Document Storage Fee: 6 1 /2" x 1 t" or 14" (+) tlocuments $.50 for each page 18" x 24" (+) plans $t.10 for each page Section 16-05.030 Energy calculation review fees Tvoe of oroiect Fee Addition to resitleniial building $126 . New residential structure Addition to non-residential buildin $186/unit $251 g New non-residential Structure $377 Application for moving permit $57 Section i6-05.030 Other Inspection Fees: Inspections outside of normal $62 per hour GITYOfSARAT06A-'@EE~SCNEDUCE=EHective~Au ust120O2 '~ `~ .~- ~~. _-;, ', , +:CODE!REF.ERENCE SUBJECT ~ '~fEE-""DESCRIPTION ' ' -;FEE business hours (minimum charge one hour) . Reinspection tees assessetl under $62 per hour provisions of Section 306(h) of the Uniform Atlministrative Code Inspections forwhich no fee is $62 per hour specifically indicated (minimum charge -one hour) Stockpiling Permit: $150 Additional fees: In the event map check, plan checking, or inspection services by the City are required by reason of changes, modifications, atltlitions, errors, omissions, or tliscrepancies occasioned by the applicant or his agents or representatives, the applicant shall pay an additional fee equal to the actual cost to the City of performing the additional seNices, as determined by the Building Official. • • Ci[y of Saiamgd Communicc Deeelopment Deparcmen[ ~ MEMORANDUM TO: Finance Commission Jesse Baloca, Administrative Services Dir~tor FROM: Thomas Sullivan, AICP /~ Community Development Director` ., DATE: March 12, 2002 RE: Adjusted Fees I am proposing the adjustments to the various fees collected by the Planning Department. Most significantly, I am proposing that the development review fees (Subdivision, Use Permit, Environmental Determination, Variance and Design Review) be changed from a flat fee to a deposit, from which time an~ overhead would be charged against. Please note that Public Works Geotechnical fee is a deposit that the cost associated with peer review rather th~X a flat fee. Public Works adds a 25% Ciry Overhead charge. The Planner assigned to a project would keep track of his or her time which was actually spent working on a particular development project. (See attached form) The cost of that time plus overhead would be subtracted from the deposit on a monthly basis. When and if the deposit reached 80% used an assessment would be made to determine if • additional deposit monies were needed. In no case would work continue beyond the deposit amount. Currently, simple projects that are not controversial and for which the applicant has worked with the neighbors ends up paying the same in total fees as a controversial project that may require 2 or 3 public hearings. Pay for service seems to level the playing surface. Typically in systems that I have been involved with in prior Cities, a deposit account number is assigned to the project and all costs associated with the processing of the project is deducted from the account. These costs include staff time (hourly rate and overhead); engineering reviews if needed, `peer reviews", legal publishing costs, and a portion of the cost to transcribe the minutes of the meetings and any other costs for processing the application. If a project decision is appealed by the Applicant the appeal fee that is paid is added to the deposit account but any other costs. associated to the appeal is paid by the applicant. If an appeal is filed by someone other than the applicant, the appeal fee is paid and Staff time and other associated cost are not charged against the Deposit Account. This is no different than current practice. On a monthly basis, the applicant is sent a detail "invoice" showing how the monies have been used with outside invoices attached as appropriate. If the project is approaching the 80% balance level, additional monies are requested in order to keep processing the application. The final cost for each application shall be the actual cost incurred by the City based upon the time spent by staff, work performed by consultants for the City, materials and other related incidental expenses. The initial deposit specified for the application is based upon the average . cost of previous applications; therefore it may or may not be sufficient to cover the actual cost incurred in processing a particular project. Any unspent deposits are returned to the applicant in a timely fashion. • The amount of the initial deposit is set forth in the following table, for a point of comparison the City's current fees are presented in the right hand column. For the most part, Staff is suggesting that we start the deposit system at the same rate as the current fees. In a few areas alterations have been suggested. The following deposits are proposed: Section # APPLICATION TYPE INITIAL DEPOSIT CURRENT FEE 14-05.050(a)(3) Initial Study/Negative $1,500 $1,500 15-05.070 Declaration b Staff 14-05-050(a)(3) EIR or Initial Study prepared Based on bid cost + Based on bid 15-OS-070 by Consultant 10% Staff analysis + cost+l0% Staff 25% induect costs analysis+ 25% indirect costs li-05.070 General Plan Amendment $3,500 $3,500 15-05.070 General Plan Amendment $3,500 + cost of $3,500 + cost of Re uirin and Election election election 15-05.070 Rezonin $3,500 $3,500 15-05.070 Use Permit $2,500 $2,500 no new construction 15-05.070 Use Permit $3,500 $3,500 demo &t new construction 15-05.070 Use Permit $5,000 $5,000 vacant &t new construction 15-05.070 Use Permit $2,500 $2,500 Second Unit/PC A royal 15-05.070 Use Permit $500 $500 (Second Unit/Administrative 15-05.070 Use Permit $1,500 $1,500 Accesso Structure - PC 15-05.070 Use Permit $500 $500 (Accessory Structure - Administrative 15-05.070 Use Permit $1,500 $1,500 Tem ora Use - PC 15-05.070 Use Permit $200 $200 (Temporary Use - Administrative 15-05.070 Use Permit $1,000 $1,000 Amendment/Renewal 14-05.050 Subdivision Tentative Map $5,000 $5,000 < 10 lots 14-05.050 Subdivision Tentative Ma $5,000 + $150/lot $5,000 + $150/lot • U > 10 lots over 10 over 10 '~, Subdivision Final Ma $1,000 1\o set fee 14-05.050 Lot Line Ad ustment 5 500 5 250 14-05.050 Certificate of Compliance $1,500 $500 + actual cost of Ciry Sun>eyor + 25% City indirect costs 14-05.050 Lot Merger $500 5250 14-05.050 Reversion to Acrea e $500 5250 li-05.070 Design Review of a new $2,500 52,500 Single Family Residence demo ~t new construction 15-05.070 Design Review of a new $3,500 53,500 Single Family Residence vacant &t new construction 15-05.070 Design Review of Multi- $3,500 $3,500 Family or Non Residential demo 6i new construction li-05.070 Design Review of Multi- $5,000 55,000 Family or non Residential vacant &t new construction 15-05.070 Design Review of Accessory $1,500 $1,500 Structure 15-05.070 Administrative Design $1,500 $1,500 Review 15-05.070 Accessory Structure Approval $500 $500 b C.D. Director 15-05.070 Variance for Accessory $1,500 $1,500 Structure 15-05.070 Variance for new SFR (demo $2,500 $2,500 &t new construction 15-05.070 Variance for new SFR (vacant $3,500 $3,500 &t new construction 15-05.070 Variance for Multi-Family or $3,500 $3,500 non residential (demo &t new construction 15-05.070 Variance for Multi-Family or $5,000 $5,000 non residential (vacant &t new construction 15-05.070 Variance for Tentative $5,000 $5,000 Subdivision For other planning related applications for which the cost of services cannot be determined in advance, the Community Development Director shall determine an appropriate deposit. • When it is determined by the Community Development Director that technical skills beyond the capability of the resident staff are required to evaluate an application, the staff shall secure • an estimate for the cost for such services by outside consultants. The deposit shall then be the cost of such services plus 10% for City staff costs. If an application is withdrawn before the City does substantial work on it and before an}' required notice is published or posted, a rn~n~rnum of $50.00 will be deducted from the deposit or fee and the remaining balance will be refunded to the applicant. New Fees Depaztment of Fish and Game EIR Fee per AB 3158 $875 DFG + $25 City. Currently the City does not have a fee set for this application. Tree Removal Permit Application - I would propose a fee of $25. Currently, tree removal applications are free. The City issues about 350 tree removal permits per year, a $25 fee would recover about $8,750 of the costs of providing the service. When the City was using a part time Public Works Inspector to accomplish the tree removal inspections the City's hard and soft costs was about $15,000 per year. These costs are now being absorbed in the Building Department. Attachments: 1. A collection of comments from other California cities responding to a survey by the • League of California Cities 2. Deposit Account Information form 3. Copy of the form Staff would complete and submit on a monthly basis • Planning Application DEPOSIT ACCOUNT INFORMATION Planning Application #: Account Deposit # Receipt #: Type of Application: Initial Deposit: Applicant Name: Address: City: Email Address: Telephone: Date: Account Deposit #: Planning Application #: Billing Month: STAFF PERSON Submitted By: Date: Approved By: Date: • L We've done this for years. I'd call Ron Munekawa, our Chief of Planning, 650-522-7203, about details. Barbara Kautz Assistant City Manager San Mateo We use the deposit system here for large development projects, GPA/ZC, CUP, etc. its a pain in the neck to keep up, and keeping track of when more money needs to be deposited. We tell the applicant that we will stop work until we received additional funds to cover time, but we don't stop work if we are on a tight time frame. so far we haven't been burned. Also many times they want a time report to accompany a request for additional funds. We are technologically in the 19th century, so we do not have our calendars automated to the time sheet. its a drag. The other part is, when you don't use all the deposit, they want to make sure they get back all they aze entitled (can't blame them), so we have to make sure we don't fudge on the time spent. We are such a small staff, it can become cumbersome. I prefer flat fees, but in reality, deposits are much more equitable. Sandra Massa-Lavitt Calimesa . The City of Napa has used the fee deposit system for many years and the development community seems to accept it because it is the same system used by their private sector professionals. Deborah Faaborg Napa The City of Davis has been on a deposit & hourly billing system for yeazs. We are now in the process of increasing our deposits, to decrease the invoicing process. If you have any specific questions, email me those. Or if you want to talk about our process, give me a call....stacey Stacey Winton City of Davis Planning & Building Dept Ph#: (530) 757-5610 Fax: (530) 757-5660 email: s~vinton~ci.davis.ca.us The City of Anaheim uses actual costs for Public Works services -review of plans, subdivision maps, drainage and sewer studies, etc. This works well and provides a fair fee structure. Natalie Meeks Anaheim The City of Hayward operates on this basis. The pitfalls include: • Planners forget to log their time. 2. You will have to absorb some of the costs where actual time and materials maybe excessive from a practical standpoint, e.g., $2000 for a minor house variance. 3. You will get numerous telephone calls from those whom you bill wondering why their charges are so high, why someone made the charge they did, etc. 4. People charge to the wrong number occasionally. 5. It takes more staff time to complete their time cards. 6. Some staff members take more time to complete a project than other, so some are charged (perhaps) unfairly. 7. Get a deposit up front, or you will have many who will not pay and a great effort going after the shirkers! Dyana Anderly, AICP Planning Manager City of Hayward (510) 583-4214 Check with Santa Barbara County....they are the masters of cost recovery...:) Greg Fuz • Alameda When I was in Pacifica, we did an estimate of time to process and application and charged fees accordingly. In Berkeley we do this for large projects (valuation of $5 million or more). We don't break out materials costs though. Wendy Cosin We do so for about half of our application processing. Why only half? It is an administrative chore, We even have a permit tracking program that automates many of the automatic billing and accounting of time. Nonetheless, it can get burdensome to do the follow through and keep up with "all" related processing costs. I think this is still the best way so you aren't giving away, or having the taxpayers subsidize developers processing costs. We kept about half of the straight-forward, similar type of minor permits as a flat fee to lessen those we "bill and account" for. The City of Turlock used to do a pretty thorough "time and materials" process and then discontinued it because of administrative overhead. They established a pretty good "average" cost basis for the AB 1600 nexus. You should get a copy of their present application processing fee schedule. It's pretty high. Steve Hallam City of Oakdale The City of Mumeta (50,000 pop.) was forced by a lawsuit to switch to a deposit based system for Engineering plan check and inspection services in October of'90. Other than additional staff time(approx 50% increase) required for tracking the system, it has worked so faz. Developers, etc. are responsive to our requests for additional deposits. Presently we use excel to track deposits/expenses, but would suggest that a data base system (access for example) be used. Good luck. Rita Thompson Development Services Technician City ofMurrieta rthompson(cr~miurieta.org 909/461-6072 . The City of Moorpazk processes entitlement applications based on actual costs billed against a deposit. It requires cooperation from the planning staff to correctly and consistently provide time accounting records. Our system currently requires a two to three step process. We are however currently working on a program to streamline and coordinate the time accounting and financial accounting efforts. Our current system does not allow us to easily and quickly audit the deposit account. We are interested in other city's approach to this issue. Laura Stringer Senior Management Analyst City of Moorpark Community Development Depaztment 799 Moorpazk Avenue Moorpark CA 93012 805-517-6230 The Town of Truckee uses deposit fees for all but the most basic planning applications. They have worked fine for us. Tony Lashbrook, Community Development Director San Rafael uses billable fees for most applications, with a few flat fees, primarily for single family applications. You should have attended last month's Bay ARea Planning Directors (BAPDA) meeting on cost recovery ideas! Bob Brown San Rafael We use this approach for EIIZs and developer-initiated specific plans. Tracking time (for us anyway) has been a real pain. It's difficult because we frequently get pulled to the counter, answer phone calls or encounter other distractions where it's really hard to get just a few hours of dedicated time to a project. When we do use it, we require the applicant to deposit at least 10% of the contract amount (if we are using a consultant for the EIR or Specific Plan) and we bill on a monthly basis. Funds are deposited into a trust account which our finance people loathe. If you haven't done so already, you might check with them to determine how they want to track your stafFs time. We've also encountered issues with the permit streamlining act when the developer has refused to pay his fees in the middle of a project. I've heard the City of Brea uses a time & materials approach with their fees. You might give them a call. Please send me a copy of your results. David Chantazangsu, AICP City Planner City of Glendora Phone: (626) 914-8217 Fax: (6261914-9053 The City of San Juan Capistrano has been using a developer deposit system for over ten years. It is related to all planning applications except minor applications such as a zone variance. Although, actual cost recovery is achieved in many cases. It is important to have strong accounting support to insure that accounts do not become delinquent. This latter point has been the most frustrating. It is further compounded when other departments have staff chazging, it is hazd to keep a running account of funding due to posting delays in accounting. Another conflict that has come up recently is when citizen groups ask staff to provide or generate additional information or deluge us with letters that require responses, it that a charge on the applicant or a general service. We are still discussing this internally. Just a few thoughts to assist you in your consideration of a deposit system. Tom Tomlinson San Juan Capistrano . we do not charge fees in that manner our fees are heavily subsidized by the general fund (cost recovery at approx. 50%) Bettie Hermon Santa Barbara Claremont has both fixed fee and hourly fee applications. The fixed fees are for simpler applications, and hourly fees are charged on more complication projects. Belle Newman Principal Planner City of Claremont PO Box 880 Clazemont CA 91711 909/399-5485 FAX 909/399-5327 bnewman<c~ci.claremont. ca.us The City of La Verne requires a deposit for most CUPS and variances (except single family home CUP and variance applications, which are charged a straight fee), for new . commercial and industrial buildings, for subdivisions and zone/general plan changes. Design review for additions to homes are chazged a flat fee. Arlene Andrew. Senior Planner We do that in Sebastopol, with depts. submitting time logs on a monthly basis to the Finance Dept, who bills the applicant when the initial deposit is exceeded. Works well for larger projects, not for smaller where we generally still just charge a flat fee. Other problem is getting other less-involved but significant depts to track their time (like City Attorney, Fire Chief, Building, etc.) Kenyon Webster kplan@sonic.net Burbank is currently studying this option. The City of Brea instituted such a system since 1995; their fee structure can be viewed on their website www.ci.brea.ca.us/ Rick Becker, AICP Deputy Building Official City of Burbank City of Fremont has used this for many yeazs. Vik Slen • Fremont We use a T&M and deposit system here, and every developer expects that we will. No complaints. (I was an intern in Sausalito under City Manager Mike Fuson in 1989-1990. In fact, I personally installed the telephone in the elevator! Best time I ever had). Dave Norman Assistant City Manager City of Aliso Viejo 12 Journey, Suite 100 Aliso Viejo, CA 9265E Tel: (949) 425-2512 Fax: (949)425-3899 I know that the City of San Mateo uses this system. I have not attempted to because I believe the accounting time necessary to track "billable hours" would exceed any benefit. Sharon Fierro • City of Campbell Call Harriet McGinley at the City ofPasadena -they use both fees and deposits depending on the cases, and she has a very good sense of the pros and cons of both systems. Her number is 626-744-4155, and feel free to use my name. David G. Watkins, AICP Director of Planning & Building City of South Pasadena A few of our processes aze done under trust accounts. What an admin nightmare. #1 you never keep track of every minute spent on the project. #2 while it covers most of planning and engineering time and material, its a finance headache of tracking trust accounts from year to year. Accountants don't like it. They want them closed out and planners say keep the account open because the project is still active.....and are you going to ask finance to keep track of their time too? #3 we are trying to move away from trust accounts to reduce staff time spent on these accounts so this time can be put to better uses. Don't have the staff to keep track of the accounts. The exception to the above would be Specific Plans and EIR's. Carol Miller Associate Planner Town of Yucca Valley 760-369-6575 [THE FOLLOWING RESPONSES ARE FROM A QUESTION REGARDING DESIGN REVIEW FEES WHICH WAS POSTED BY ELIZABETH DUN OF HERCULES] Development Review in the City of Diamond Baz is not a fee, but is based on a deposit account. Fees are charged at $85 an hour for staff plus any actual costs for the specific project (ads, consultant review, etc.) We have the deposit amount noted in the fee resolution and have the following on all applications: An application fee in accordance with Section 22.44.040 of the Municipal Code must accompany this Application. The application fee is either a flat fee or a deposit plus payment of the City's processing costs computed on an hourly basis. The applicable fee or deposit amount for this application is indicated above. If it is a deposit, the applicant shall pay any processing costs that exceed the amount of the deposit prior to issuance of the permit; if processing costs aze less than the deposit, a refund will be paid Linda Smith Development Services Assistant City of Diamond Bar 909 396 5676 x252 .... we are looking at revising our fees. More like a time and material basis with the applicant submitting a deposit up front. Tom Passanisi Principal Planner City of Redwood City 650-780-7237 tpassanisi@redwoodcity.org SARATOGA CITY COUNCIL MEETING DATE: July 17, 2002 . ORIGINATING DEPT: City Manager AGENDA ITEM: I CITY MANAGER: ~~~ PREPARED BY: DEPT HEAD: SUBJECT: Designation Of Voting Delegate For League Of California Cities Annual Conference RECOMMENDED ACTION: That Council selects a member of the City of Saratoga's City Council to be the voting delegate. REPORT SUMMARY: On October 2, 2002 through October 5, 2002 the League of California Cities will hold their annual conference. One very important aspect of the annual conference is the annual business meeting when the membership takes action on conference resolutions. To expedite the conduct of business at this policy-making meeting each city council should designate a voting representative and an alternate who will be present at the annual business meeting. The League bylaws provide that each city is entitled to one vote in matters effecting municipal or League policy. The deadline to return the "Voting Delegate Form" to the League of California Cities is Friday, September 6, 2002. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The City of Saratoga would not have a voting delegate at the League's business meeting. ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: Mail "Voting Delegate Form" to the League of California Cities. ADVERTISING, NOTICING AND PUBLIC CONTACT: • N/A ATTACHMENTS: Attachment A -Letter from League of California Cities Attachment B -Voting Delegate Form Leaque of ~a~~forn~~,~~~ie Llettcr Cities-r113etter Lice June 12, 2002 To: The Honorable Mayor and City Council From: Beverly O'Neill, League President, Mayor, Long Beach Re: Designation of Voting Delegate for League Annual Conference This year's League Annual Conference is scheduled for Wednesday, October 2 through Saturday, October 5, 2002, in Long Beach, California. One very important aspect of the annual conference is the annual business meeting where the membership takes action on conference resolutions. Annual conference resolutions guide cities and the League in our efforts to improve the quality, responsiveness and vitality of local government in California. It is important that all cities be represented at the annual business meeting on Saturday, October 5, at 10:15 a.m. at the Long Beach Convention Center. League bylaws state that "Any official of a Member City may, with the approval of the city council, be designated the city's designated voting delegate or alternate delegate to any League meeting. Designated voting delegates (or their alternates) registered to attend the Annual Conference constitute the League's General Assembly." To expedite the conduct of business at this important policy-making meeting, each city council should designate a voting representative and an alternate who will be registered at the conference and present at the annual business meeting. League bylaws provide that each city is entitled to one vote in matters affecting municipal or League policy. A voting card will be given to the city official designated by the city council on the enclosed "Voting Delegate Form." Please complete and return the enclosed "Voting Delegate Form" to the Sacramento office of the League at the earliest possible time (not later than Friday, September 6, 2002), so that proper records may be established for the conference. The voting delegate may pick up the city's voting card at the designated Voting Card desk located in the League registration area. The voting procedures to be followed at this conference are printed on the reverse side of this memo. Your help in returning the attached "Voting Delegate Form" as soon as possible is appreciated. If you have any questions, please call Lorraine Okabe at (918) 858-8236. Headquarters Southern California Office 1400 K Street 602 East Huntington Dr., Suite C Sacramento, CA 95814 Monrovia, CA 91016 916.658.8200 626.305.1315 FAX 916.658.8240 FAX 626.305.1345 r 1. VOTING DELEGATE: LEAGUE OF CALIFORNIA CITIES 2002 ANNUAL CONFERENCE VOTING DELEGATE FORM elnr: (Name) (Title) 2. VOTING ALTERNATE: (Name) (Title) ATTEST: (Name) (Title) PLEASE COMPLETE AND RETURN TO: League of California Cities Attn: Lorraine Okabe 1400 K Street Sacramento, CA 95814 _~_. Fax: (916) 658-8240 Deadline: Friday, September 6. 2002 PolicylacresWotede102.doc League of California,Ci,ties f3cttcr Citic<-:\ (3cicer L ilc This was omitted from previous memo: , Designation of Voting Delegate for League Annual Conference. League of California Cities Annual Conference Voting Procedures Each member city has a right to cast one vote on matters pertaining to League policy. 2. To cast the city's vote, a city official must have in his or her possession the city's voting card and be registered with the Credentials Committee. 3. Prior to the Annual Conference, each city should designate a voting delegate and an alternate and return the Voting Delegate Form to the League Credentials Committee. 4. The voting delegate, or alternate, may pick up the city's voting card at the voting card desk in the conference registration area. 5. Free exchange of the voting card between the voting delegate and alternate is permitted. 6. If neither the voting delegate nor alternate is able to attend the Business Meeting, the voting delegate or alternate may pass the voting card to another official from the same city by appearing in person before a representative of the Credentials Committee to make the exchange. Prior to the Business Meeting, exchanges may be made at the "Voting Card" table in the League Registration Area. At the Business Meeting, exchanges may be made at the "Voting Card" table in the front of the meeting room. Exchanges may not be made while a roll call vote is in progress because the Credentials Committee will be conducting the roll call. 7. Qualification of an initiative resolution is judged in part by the validity of signatures. Only the signatures of city officials who are authorized to use the city's voting card, and who have left a sample of their signature on file for the Credentials Committee, will be approved. 8. In case of dispute, the Credentials Committee will determine the right of a city official to vote at the Business Meeting. G'\policytacresNOteproc02.doc Headquarters Southern California Office 1400 K Street 602 East Huntington Dr., Suite C Sacramento, CA 95814 Monrovia, CA 91016 916.658.8200 626.305.1315 FAX 916.658.8240 FAX 626.305.1345 t~ J . SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. AGENDA ITEM/~~ MEETING DATE: July 17, 2002 CITY MANAGER: `U~~G~-" ORIGINATING DEPT: Community Dev. PREPARED BY: Jonathan Wittwer City Attorney SUBJECT: Appointment of Building Appeals Board Members RECOMMENDED ACTION: Appoint three members to the City Building Appeals Board. REPORT SUMMARY: On July 10, 2002, an appeal was filed with regard decisions by the City Building Official on property known as 14480 Oak Place, Saratoga, California. The Uniform Building Code ("UBC") creates a board of appeals in order to hear and decide appeals of decisions made by the Building Official relative to the application and interpretation of the UBC. The UBC is adopted by reference in Article 16-OS of the City Code. The UBC provides that the members of the Building Appeals Board shall be appointed by the City Council. There are currently no members of the Building Appeals Board. Appeals of decisions by the City Building Official are rare and historically the members of the Board have been appointed only when an appeal has been filed. There have not been any members appointed for many years. As in previous situations when an appeal has been filed, in order for the Building Appeals Board to act on the appeal filed on July 10, 2002, it will be necessary for the City Council to appoint its members. The UBC requires the members to be "qualified by experience and training to pass on matters pertaining to building construction and who are not employees of the City." The City Council will be provided with a list of candidates for appointment to the Building Appeals Board prior to its meeting on July 17, 2002. ALTERNATIVES: No viable alternatives are apparent. FISCAL IMPACTS: No significant fiscal impacts. ADVERTISING, NOTICING AND PUBLIC CONTACT: Notice for this meeting. CONSEQUENCES OF NOT ACTING ON RECOMMENDED MOTION(S): The City will not have members on its Building Appeals Board to act on an appeal filed July 10, 2002. ATTACHMENTS: None. List of candidates for membership to Building Appeals Board will be provided prior to meeting on July 17, 2002. 2