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Home My WebLink About02-05-2003 City Council Agenda PacketAGENDA AxcxlvE copy REGULAR MEET SARATOGA CITY COUNCIL FEBRUARY 5, 2003 • L. J CLOSED SESSION- 6:00 P.M. -ADMINISTRATIVE CONFERENCE ROOM, 13777 FRUITVALE AVENUE. ANNOUNCEMENT OF CLOSED SESSION ITEMS CALL MEETING TO ORDER -6:00 P.M. ANNOUNCEMENT OF CLOSED SESSION ITEMS ADJOURNED TO CLOSED SESSION - 6:00 P.M. Initiation of litigation (Gov't Code Section 54956.9(c): (2 potential case) REGULAR MEETING - 7:00 P.M. -CIVIC THEATER/COUNCIL CHAMBERS AT 13777 FRUITVALE AVENUE MAYOR'S REPORT ON CLOSED SESSION PLEDGE OF ALLEGIANCE ROLL CALL REPORT OF CITY CLERK ON POSTING OF AGENDA (Pursuant to Gov't. Code 54954.2, the agenda for this meeting was properly posted on January 31, 2003) COMMUNICATIONS FROM COMMISSIONS & PUBLIC Oral Communications on Non-Agendized Items Any member of the public will be allowed to address the City Council for up to three (3) minutes on matters not on this agenda. The law generally prohibits the council from discussing or taking action on such items. However, the Council may instruct staf,~' accordingly regarding Oral Communications under Council Direction to Staff. Communications from Boards and Commissions None Written Communications None Oral Communications -Council Direction to Staff Instruction to Staff regarding actions on current Oral Communications. None CEREMONIAL ITEMS lA. Appointment and Oath of Office of Finance Commissioner Recommended action: Adopt resolution and administer Oath. SPECIAL PRESENTATIONS None CONSENT CALENDAR The Consent Calendar contains routine items of business. Items in this section will be acted in one motion, unless removed by the Mayor or a Council member. Any member of the public may speak to an item on the Consent Calendar at this time, or request the Mayor remove an item from the Consent Calendar for discussion. Public Speakers are limited to three (3) minutes. 2A. Approval of City Council Minutes -November 6, 2002 Recommended action: Approve minutes. 2B. Approval of City Council Minutes -December 10, 2002 Recommended action: Approve minutes. 2C. Approval of City Council Minutes -December 18, 2002 Recommended action: Approve minutes. 2D. Approval of City Council Minutes -January 15, 2003 Recommended action: Approve minutes. 2E. Review of Check Register Recommended action: Approve check register. 2F. Planning Action Minutes -January 22, 2003 Recommended action: Note and file. • C 2 • PUBLIC HEARINGS (Applicants/Appellants and their representatives have a total of fen 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 five minutes maximum for closing statements. Items requested for continuance are subject to Council's approval at the Council meeting) 3. Amendments to Second Dwelling Unit Ordinance Recommended action: Open public hearing; close public hearing; adopt Negative Declaration of Environmental Impact; Introduce Ordinance; waive first reading; direct staff to place the matter on the Consent Calendaz for February 19, 2003. OLD BUSINESS 4. Sazatoga Chamber of Commerce Services Agreement Recommended action: Accept report and authorize Mayor to execute agreement.. 5. Septic Abatement Program Status Report and Water Quality Enforcement Controls Recommended action: ' Accept Report and provide direction to staff. • 6. Saratoga Library Project Update Recommended action: Consider Gilbane Building Company's request for additional funds to cover extended staffing needs and authorize staff to amend Gilbane's contract as directed. NEW BUSINESS 7. Saratoga Rotary Event -Building Bridges Recommended action: Accept report and direct staff accordingly. 8. Appointments to Gateway Design Standards Committee Recommended action: Disband the Gateway Task Force; send letters of thanks to participants; appoint a new committee. • AGENCY ASSIGNMENT REPORTS A~encX Councilmember Alternate Association of Bay Area Government Kline Bogosian Chamber of Commerce Kline King . County Cities Association Leg. Task Force Waltonsmith Streit County HCD Policy Committee Bogosian King Emergency Planning Council Bogosian King Hakone Foundation Liaison (2 Board Seats) Streit/Waltonsmith - KSAR Community Access TV Boazd King Kline Library Joint Powers Association Kline Bogosian Northern Central Flood Control Zone King Bogosian Advisory Board Peninsula Division, League of California Kline Waltonsmith Cities Santa Claza County Valley Water Streit King Commission Santa Claza County Cities Association Streit Waltonsmith SASCC Liaison Waltonsmith Streit Sazatoga Business Development Council Streit Kline Sister City Liaison King Waltonsmith West Valley Solid Waste Joint Powers King Kline Association Valley Transportation Authority PAC Waltonsmith Kline West Valley Sanitation District Bogosian Streit Silicon Valley Animal Control JPA Bogosian Streit CITY COUNCIL ITEMS OTHER CITY MANAGER'S REPORT ADJOURNMENT In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this meeting, please contact the City Clerk at (408) 868-1269. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting (28 CFR 35.102-35.104 ADA Title II) u • • 4 J C~ CITY OF SARATOGA CITY COUNCIL MEETING CALENAAR 2003 2/11 Adioumed Meetin g -Youth Commission, Library Commission, Arts Commission 2/19 Regulaz Meeting 3/5 Regular Meeting 3/11 Adjourned Meeting - SASCC, Parks and Recreation Commission 3/19. Regular Meeting 4/2 Regular Meeting 4/16 Regulaz Meeting 4/22 Adioumed Meeting -Public Safety Commission, Sheriff, Fire Districts 5/7 Regulaz Meefing 5/10 Council Retreat 5/13 Adioumed Meeting -Finance Commission, Chamber of Commerce, S$DC, Planning Commission 5/21 Regulaz Meeting 6/4 Regular Meeting 6/18 Regulaz Meeting 7/2 Regular Meeting 7/16 Regular Meeting 8/6 Regular Meeting -City Manager Evaluation 8/20 Summer Recess 9/3 Regulaz Meeting 9/17 Regular Meeting 9/23 Adioumed Meeting -Public Safety Commission, Saratoga Union School District, Cupertino Union School District, Campbell Union School District 10/1 Regulaz Meeting 10/15 Regulaz Meeting 11/5 Regular Meeting 11/19 .Regular Meeting 12/3 Regulaz Meeting 12/9 Adjourned Meeting -Council Reorganization 12/17 Regular Meeting 5 SARATOGA CITY COUNCIL MEETING DATE: February 5, 2003 AGENDA ITEM: ORIGINATING D : C' anager CITY MANAGER: ~~~ ;~ PREPARED t DEPT HEAD:_ SUBJECT: Appointme ance Commission Member and Oath of Office RECOMMENDED ACTION: Adopt the attached resolution appointing Ajay Nazain to the Finance Commission. -The term for this commission will expire as follows: • AjayNazain-10/01/2003 REPORT SUMMARY: Attached is the resolution appointing to the Finance Commission. The.Oath of Office wi1T be administered and signed by the Commissioner. FISCAL IMPACTSc N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: Appointments will not be made to the Finance Commission. ALTERNATIVE ACTION: N/A FOLLOWUP ACTION: Update City's Official Roster. ADVERTISING, NOTICING AND PUBLIC CONTACT: Posting of the Council Agenda. ATTACHMENTS: Attachment A -Resolution of Appointment Attachment B -Oath of Office RESOLUTION NO. 03- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA APPOINTING ONE MEM$ER TO THE FINANCE COMMISSION WHEREAS, one vacancy was created on the Finane Commission resulting from the resignation of Ernest Brookfield; and WHEREAS, a notice of vacancy was posted, applications were received, interviews have been conducted, and it is now appropriate to fill the vacancy: NOW, THEREFORE, the City Council of the City of Saratoga hereby resolves that the following appointment is made for term expiring: Ajay Narain -10/01/2003 The above and foregoing resolution was passed and adopted at an adjourned meeting of the Saratoga City Council held on the 5th day of February 2003 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Nick Streit, Mayor Cathleen Boyer, City Clerk. i STATE OF CALIFORNIA COUNTY OF SANTA CLARA I, Ajay Narain, do solemnly swear (or affum) that I will support and defend the Constitution of the United States and the Constitution of the State of California against all enemies, foreign and domestic; that I will bear true faith and allegiance to the Constitution of the United States and the Constitution of the State of California; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon which I am about to enter. Ajay Narain, Member Finance Commission Subscribed and sworn to before me on This 5th day of February 2003. Cathleen Boyer, CMC City Clerk ~~ u' SARATOGA CITY COUNCIL ''p\y. r ~ 1 1 MEETING. DATE: February 5, 2002 AGENDA ITEM: ORIGINATING DEPT: anager CITY MANAGER: ~~ PREPARED BY: DEPT HEAD:.. ~~c!- ~ SUBJECT: City Council Minutes RECOMMENDED ACTION: - Approve minutes. REPORT SUMMARY: Approve minutes as submitted for the following City Council Meeting: .Regular meeting -November 6, 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 November 6, 2002 MINUTES . SARATOGA CITY COUNCIL NOVEMER 6, 2002 The City Council of the City of Sazatoga met in Closed Session, Administrative Conference Room, 13777 Fruitvale Avenue at 4:30 p.m. Conference with Legal Counsel -Threatened litigation (Gov't Code 54956.9(b): (2 potential cases) Conference With Legal Counsel -Existing Litigation (5 cases) (Government Code section 54956.9(a)) Name of case: City of Saratoga v. West Valley-Mission Community College District (California Court of Appeal, Sixth Appellate District No. H022365) Name of case: Saratoga Fire Protection District v. City of Saratoga (Santa Clara County Superior Court No. CV-803540) Name of case: McQueen v. City of Saratoga (WCAB No. SJO 222529) Name of case: Saratoga v, Hinz (Santa Clara County Superior Court Doc. No. CV-811864) Name of case: City of Sazatoga v. Hinz (Santa Clara County Superior Court Doc. No. CV-784560) MAYOR'S REPORT ON CLOSED SESSION - 7:00 n.m. Mayor Streit reported that the City Council. Mayor Streit called the Regular City Council meeting to order at 7:05 p.m. and 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 Richard Taylor, City Attorney Cathleen Boyer, City Clerk Jesse Baloca, Administrative Services Director John Cherbone, Director of Public Works REPORT OF CITY CLERK ON POSTING OF AGENDA FOR NOVEMBER 6 2002 Cathleen Boyer, City Clerk, reported that pursuant to Government Code Section 54954.2, • the agenda for the meeting of November 6, 2002 was properly posted on October 29, 2002. COMMUNICATIONS FROM COMMISSIONS & PUBLIC ORAL COMMUNICATIONS The following people requested to speak at tonight's meeting; Bert Martel, 14420 Fruitvale Avenue, stated that he recently received a letter from the Chancellor of West Valley College explaining that he received a letter from West Valley Sanitation District that indicated that the soil tested was negative for ecoli. Mr. Martel stated that the District only tested the "drilling mud" even though he requested that all of the substance be tested around the site. Mr. Martel stated that he feels that the District is trying to fool everyone to think that the soil is harmless. Vic Monia, Granite Way, stated that he was present tonight on behalf of Don Whetstone. MR. Monia stated that Mr. Whetstone was unable to attend tonight's meeting and asked him to read a letter he prepared to the Council. The following is a summary of the letter Mr. Monia read to the Council Mr. Whetstone pointed out that last year the City Council negotiated a Boundary Drop • Agreement with Santa Clara County Fire and Saratoga Fire District. Although some of the services improved there are still many deficiencies. Mr. Whetstone suggested that the City consider petitioning LAFCO and hold a referendum on this issue. Mr. Whetstone pointed out that the SCC Fire has built three new fire stations using money out of their general fund. Saratoga Fire District is not prepared to handle major emergencies. Mr. Whetstone pointed out that Saratoga Fire District could not function without the help from SCC Fire. Cheriel Jensen, 13737 Quito Road, thanked Vice Mayor Baker and Councihnember Mehaffey for their service on the City Council the past four years. COMMUNICATIONS FROM BOARDS AND COMMISSIONS None WRITTEN COMMUNICATIONS None COUNCIL DIRECTION TO STAFF Councilmember Waltonsmith requested that the City evaluate the Saratoga Fire District's public safety ability and fire protection ability. Councihnember Waltonsmith suggested that the Council should ask LAFCO to evaluate the District: 2 Councilmember Bogosian noted that he could support Councihnember Waltonsmith's request and added that he would like staff to supply the Council options and processes involved in the LAFCO process. In regards to Mr. Martell's comments, Vice Mayor Baker stated that at the next West Valley Sanitation District Board meeting he would request that staff do adequate testing on the soil. ANNOUNCEMENTS None CEREMONIAL ITEMS lA. PROCLAMATION DECLARING THE WEEK OF NOVEMBER 17-23, 2002 AS "NATIONAL HOMELESSNESS AND HUNGER AWARENESS WEEK" STAFF RECEMMDATION: Read proclamation. Mayor Streit read the proclamation and directed the City Clerk to mail it to the appropriate person. 1B. PROCLAMATION DECLARING THE WEEK OF NOVEMBER 24-30, 2002 AS "NATIONAL FAMILY WEEK" STAFF REOMMENDATION: Present proclamation. Mayor Streit read the proclamation and presented it to Bishop Bret England of the Mormon Church of Saratoga. Bishop England thanked the City Council for declaring the week of November 24- 30, 2002 "National Family Week". Bishop England introduced members of his church who were present this evening to help him accept the proclamation. • SPECIAL PRESENTATIONS None CONSENT CALENDAR 2A. APPROVE COUNCIL MEETING MINUTES ADJOURNED MEETING -SEPTEMBER 24, 2002 STAFF RECOMMENDATION: Approve minutes. BOGOSIAN/WALTONSMTIH MOVED TO APPROVE MEETING MINUTES OF SEPTEMER 24, 2002. MOTION PASSED 5-0. 2B. 2C. 2D. 2E. 2F REVIEW OF CHECK REGISTER STAFF RECOMMENDATION: Approve check register. BOGOSIAN/WALTONSMTIH MOVED TO APPROVE CHECK REGISTER. MOTION PASSED 5-0. BUDGET MONITORING FOR THE FIRST QUARTER ENDING SEPTEMBER 2002 STAFF RECOMMENDATION: Accept report. BOGOSIAN/WALTONSMTIHMQVED TO ACCEPT BUDGET REPROT FOR THE FIRST QUARTER ENDING SEPTEMBER 2002. MOTION PASSED 5-0. PLANNING ACTION MINUTES - OCOTBER 23, 2002 STAFF RECOMMENDATION: Note and file. BOGOSIAN/WALTONSMTIH MOVED TO NOTE AND FILE PLANNING ACTION MINUTES FROM OCTOBER 23, 2002. MOTION PASSED 5-0. PROPOSED ORDINANCE TO DESIGNATE AUSTIN WAY A HERITAGE LANE STAFF RECOMMENDATION: Adopt ordinance. TITLE OF ORDIANCE: 213 ORDIANCE DESIGNATING AUSTIN WAX AS A HERITAGE LANE AND MAKING CERTAIN CONFORMING AMENDMENTS BOGOSIAN/WALTONSMITH MOVED TO ADOPT ORDIANCE DESIGNATING AUSTIN WAY A HERITAGE LANE. Motion passed 5-0. AMENDMENT TO CITY OF SARATOGA MOTOR VEHICLE AND TRAFFIC ORDINANCE STAFF RECOMMENDATION: Adopt ordinance. TITLE OF ORDINANCE: 214 • 4 ORDINANCE AMENDING CHAPTER 9-15-030 OF THE MOTOR VEHICLE AND TRAFFIC CODE REGARDING STOPPING, STANDING AND PARHING BOGOSIAN/WALTONSMITH MOVED TO ADOPT ORDIANCE AMENDINN THE MOTOR VEHICLE AND TRAFFIC CODE. MOTION PASSED 5-0. 2G FELLOWSHIP HALL RE-ROOF PROJECT -AWARD OF BID STAFF RECOMMENDATION: Move to award bid to lowest bidder; award construction contract; authorize staff to execute change orders to the contract. TITLE OF RESOLUTION: 02-086 RESOLUTION OF THE CITY COUNCIL AUTHORIZING A BUDGET AMENDMENT OF $34,731 FOR FELLOWSHIP HALL RE-ROOF PROJECT BOGOSIAN/WALTONSMITHMQVED TO AWARD SOUTHWEST CNSTRUCION & PROPETY MAMANGEMENT THE LOWEST BIDDER AWARD CONNTRUCITON CONTRACT, AUTHORIZE CHANGE ORDERS UP TO $4,000, AND ADOPT RESOLUTION. MOTION PASSED 5-0. 2H CIVIC THEATER RE-ROOF PROJECT -AWARD OF CONSTRUCTION CONTRACT STAFF RECOMMNEDATION: Move to award bid to lowest bidder; award construction contract; authorize staff to execute change orders to the contract. Councilmember Bogosian requested that item 2H be pulled from the Consent Calendar. Councihnember Bogosian stated that the original bid was a lot higher then what was being requested this evening. By narrowing the scope of work, which reduced the price, Councilmember Bogosian asked what was negotiated away. Joan Pisani, Recreation birector, responded that only the upper roof would be replaced and explained that the lower portion of the roof was not crucial to replace right a way. BOGOSIAN/WALTONSMITH MOVED TO AWARD WESTERN ROOFING SERVICE THE LOWEST BIDDER, AWARD CONSTUCTION CONTRACT: AUTHORIZE CHANGE ORDERS UP TO $6,625. MOTION PASSED 5-0. 2I AMENDMENT TO 5400 SYSTEM UPGRADE PURCHASE COST STAFF RECOMMENDATION: Authorize the purchase. 2J TITLE OF RESOTLUION: 02-085 RESOLUTION OF THE CITY COUNCIL AMENDING THE 2002-2003 BUDGET FOR AN APPROPRIOATION OF $5,802 FOR THE PURCHASE OF AN UPGRADE FOR THE CITY'S EXISTING AS400 COMPUTER SYSTEM BOGOSIAN/WALTONSMITH MOVED TO APPROVE PURCAHSE AND ADOPT RESOLTUION. MOTION PASSED 5-0. AUTHORIZE MAYOR TO EXECUTE AMENDMENT TO CITY MANAGER'S CONTRACT STAFF RECOMMENDATION: Authorize Mayor to execute amended agreement. BOGOSIAN/WALTONSMITH MOVED TO AUTHORIZE MAYOR TO EXECUTE AMENDED AGREEMENT WITH THE CITY MANAGER. MOTION PASSED 5-0. 2K. RESOLUTION TO DELEGATE AUTHORITY TO CITY MANAGER TO EXECUTE FUNDING AGREEMENTS WITH THE CALIFORNIA DEPARTMENT OF TRANSPORTATION STAFF RECOMMENDATION: Adopt resolution to authorize City Manager to execute funding agreements. TITLE OF RESOLUTION: 02-081 RESOLUTION OF THE CITY COUNCIL DELEGATING THE CITY MANAGER AUTHORIZATION TO EXECUTE FUNDING AGREEMENTS WITH THE CALIFORNIA DEPARTMENT OF TRANSPORTAION BOGOSIAN/WALTONSMTIH MOVED TO ADOPT RESOLTUION MOTION PASSED 5-0. PUBLIC HEARINGS 3. APPEAL OF PLANNING COMMISSION DENIAL OF APPLICATION #I02-176, (RECONSIDERATION OF DR-O1-006, TUP-Ol-003, AND UP- 01-002 AND RELATED APPLICATIONS) (APN'S 397-22-017, 397-22- 019, 397-22-015, 397-22-012, & 397-22-042) - SARATOGA FIRE DISTRICT, 14380 SARATOGA AVENUE & 20473 SARATOGA-LOS GATOSROAD 6 ' STAFF RECOMMENDATION: Open public hearing; close public hearing; adopt resolution. TITLE OF RESOLTTION: 02-091 RESOLUTION OF THE CITY COUNIL OVERTURNING THE PLANNING COMMISSION DENIAL AND APPROVING APPLICATION #02-176 FOR A NEW AND TEMPORARY FIRE STATION Richard Taylor, City Attorney, noted that the Council would discuss Items 3, 4 and 6 at one time. John Livingstone, Assistant Planner, presented staff report. Planner Livingstone explained that the applicant is requesting approval of a Conditional Use Permit, Design Review and a Lot Line Adjustment. The Conditional Use Permit is for a new and temporary Fire Station with variations to setback, lot coverage and landscape standards. The existing Fire Station building at 14380 Saratoga Avenue is proposed to be demolished and a temporary facility is proposed at 20473 Saratoga-Los Gatos, the existing Contempo Building Site, during construction of the new Fire Station proposed at the same location as the existing facility at 14380 Saratoga Avenue. Planner Livingstone noted that on July 17, 2002 the City Council made a motion to place Resolution 01-061 on the next agenda for reconsideration before the City Council pursuant to Section 2-10.011 of the City Code that allows Council to reconsider any action at any time. At the August 7, 2002 meeting the Council reconsidered that matter and directed the applicant to submit revised plans to the Planning Commission. At the October 9, 2002 Planning Commission meeting Commissioner Roupe made a motion to approve the project with five additional conditions of approval. The motion was then seconded and a vote taken. The vote was split 3-3, thus denying the project. Planner Livingstone explained that staff feels that the proposed project meets the design criteria stated in Section 15-46.060 based on the following: The project is in character with the neighborhood in that the design of the Fire Station is modeled after a Julian Morgan. The design has been pulled back significantly from the existing location on the comer Sazatoga Avenue and Saratoga-Los Gatos Road to reduce bulk and improve sight distance for drivers along that intersection. The design also includes a plaza area that will add a pedestrian element to the corner. The Applicant is proposing a hand troweled finish to the exterior of the building. The quality of the exterior finish with the Mission the roof will make the building blend in with the older buildings nearby. The proposed landscape plan and plaza area will also soften the elevation on Saratoga-Los Gatos Road and act to enhance the entrance to the downtown village area. Planner Livingstone noted that the previous proposed Fire Station plan from 2001 had a maximum height at the tower element of 34"-6" and 33"-11" for the , area closest to the Post Office. The existing plan has a maximum height of 29"- 2 at the corner then tapers down as the structure us built into the slope. The building closest to the Post Office site will have a height of 26"-4". In regards to the Conditional Use Permit, Planner Livingstone explained that the applicant is requesting this permit as required in the PA zone for the types of structures proposed and to allow the new and temporary Fire Station structures to be within the required setbacks of the zone district, a variation to the lot coverage and reduce landscaping in the front yard area. Planner Livingstone stated that staff feels that the necessary findings could be made to support the Use Permit as follows: • That the proposed temporary and permanent Fire Station with code variations are in accord with the objectives of the Zoning Ordinance and the purpose of the district in which they are located in hat they are conditionally permitted uses that will be replacing the existing Fire Station and will have no significant traffic impacts. The proposed setbacks and landscaping variations will allow the permanent Fire Station to have a 59-foot apron that will avoid safety problems for circulation improvements at the intersection of Saratoga Avenue and Saratoga-Los Gatos Road. Lot coverage variation is necessary to allow several nonconforming lots to be used for one project.. • That the proposed Fire Station and the conditions under which they will be operated will not be detrimental to he public health, safety or welfare, nor materially injurious to properties or improvements in the vicinity in that the proposal is continuation of the existing use. The proposed Fire Station would provide adequate parking for the 24 employees that will use this facility. • That the Fire Stations comply with each of the applicable provisions of the Zoning Ordinance in that the location, height, coverage, and use proposed is conditionally permitted in this zoning district per section. 15-55.030 and 15-18.030 of the zoning regulations. In regards to the Lot Line Adjustment, Planner Livingstone stated that the applicant is proposing several lot line adjustments to both the Contempo site and the Fire Station properties. The existing Fire Station property will be merged with the City property and the lot line separating the two Contempo lots will be removed to enlarge the parcel that will become parking for the church. Planner Livingstone stated that staff recommends he following findings be made in accordance with the zoning regulations to approve the requested lot adjustments: • The proposed lot line adjustment is consistent with the General Plan in that the lot line adjustment will allow for a larger lot area for the new Fire Station and improve the current parking situation of the involved parties. 8 • The proposed lot line adjustment is consistent with the regulations contained in the Zoning Ordinance and this Chapter in the lot line adjustment is specifically approved by the advisory agency through the granting of a Conditional Use Permit under Chapter 15 of the City Code. • The proposed lot line adjustment will not conflict with easements, acquired by the public at large for access through or use of the subject properties in that the new circulation pattern will provide adequate public access to the site. In regards to site coverage, Planner Livingstone noted hat the proposed project is consistent with the site coverage as required. in he Settlement Agreement which allows a total of 30% site coverage for the total gross site which includes the portion of the right-of--way and the existing Contempo site that will be retained by the Fire District. The Settlement Agreement also provides for a variation in site coverage to use multiple lots. Planner Livingstone provided information on parking stating that the Municipal Code requires that the Fire Station have one space for each employee, for a total of 24 spaces. The Fire Station will have 18 pazking spaces on site, and will satisfy an additional 6 spaces located off site. In addition to the 18 Fire Station spaces located on the Fire District property, 10 spaces are proposed to be provided for public parking controlled by the City pursuant to an easement or permanent agreement with the District as part of the land transfer with the City. Planner Livingstone explained that during construction of the permanent Fire Station the District will provide 18 spaces on site and will satisfy the remainder of its obligations through an agreement with the Church for the use of six spaces in the Church pazking lot. In regards to trees, the City Arborist report dated March 15, 2001 contains recommendations for the protection of existing trees on the site. There are eight Olive trees on the existing Fire. Station property potentially at risk of damage by construction. Only two of the trees are ordinance protected. The applicant proposes to transplant the trees that are able to be transplanted, and replant native specimens to replace the. value of any trees lost. All of the Arborist's recommendations have been made conditions of approval in the proposed resolution. During the Planning Commission's meeting, Planner Livingstone stated a number of issues were raised concerning the construction process. In response to these issues and feedback from the neighborhood that applicant has included two additional plan sheets, which outline the construction staging, task sequence, haul routes, plans for demolition, excavation and construction of the proposed project. Planner Livingstone noted that the proposed Fire Station, vacation of George . Whalen Way, transfer of the Heritage Plaza property to the Fire District, acceptance of the ten public parking spaces and the bicycle and pedestrian easements are consistent with the General Plan Goals and Objectives. Planner Livingstone noted that the Public Safety Commission reviewed the , project at their September 16, 2002 meeting and supported the project design and asked that a condition be added that requires the applicant to provide a newsletter to the neighborhood regulazly updating them on construction time frames and construction activities that would impact the intersection at Sazatoga Avenue and Saratoga-Los Gatos Road. The Heritage Preservation Commission also supported the project design and site plan. Emest Kraule, Fire Chief/SFPD, stated that the Sazatoga Fire Protection District was before the City Council to appeal the Planning Commission October 9, 2002 decision. Tonight RPM Design Group will present the revised plans to the Council, which address concerns voiced by the Planning Commission and the public. Chief Kraule noted that the District's prime objective has been to replace a very old building with a modern seismically safe building. Chief Kraule noted that the District has meet the concerns addressed by the adjacent neighborhood regarding cut through traffic and impact of the construction phase. Chief Kraule noted that the Fire District has gone to great lengths to cooperate with the City staff, the US Postal Office and the Federated Church. Mary McGrath, Architect/RPM Design Group,. stated that the project has three stages: • Phase I - Demolition of the Contempo Building, install temporary station • Phase II -Demolition of the existing Fire Station, reconstruction of replacement facility, upgrade site areas azound Post Office • • Phase III -removal of temporary station, complete site improvements Ms. McGrath explained the current site configuration and explained each phase of the project. Ms. McGrath explained Phase L • Relocate monument to previous location at Blaney Plaza • Demolition of existing Contempo Building • Site Improvements o Install temporary modular building o Appazatus pazking with temporary cover o Reconfigure curb ramp at alley exit to Saratoga Avenue for greater public safety • Reconfigure Contempo property parking (proving 18 on site spaces) • Acquire 6 off-site pazking spaces on Federated Church property • Total of 24 temporary parking spaces • .Front setback variation for placement of temporary modular on Contempo property • Rear setback variation for placement of temporary tent apparatus cover on Contempo property 10 Ms. McGrath explained Phase II: • Temporary relocate Post Office drop box • Close alley behind Fire Station • 5 Post Office parking spaces at alley will be reconfigured to be accessible from Post Office site • Post Office circulation will be improves • Demolition of existing Fire Station Ms. McGrath explained all of the proposed easements and site improvements. that follow Phase II of the project. Ms. McGrath stated that several modifications to the corner of Saratoga Avenue and Highway 9 would be made including the reconfiguration of traffic and new apron area. Tn regards to Phase II, Ms. McGrath explained that the maximum lot coverage is 30%; the District is requesting that they be allowed to have maximum site coverage of 32.1%. Referring to Phase III of the project Ms. McGrath explained the two proposed parking plans. The first proposal would include the Districts required 24 on- siteparking spaces. Ms. McGrath stated that this plan includes the sale of a portion of the Contempo property to the Federated Church, allowing them to acquire an additiona116 spaces, the District 18, 10 to the City and an additional 6 to be shared between the District and the Church. The second parking proposal, Ms. McGrath explained does not include the sale . to the Church. The District would still have the 24 required on-site spaces an additiona132 dedicated spaces for fire station use. Ms. McGrath stated that the City would still have 10 dedicated spaces. Phase III, Ms. McGrath explained consists of many site improvements such as landscaping and improved circulation around the site. Ms. McGrath stated that the summary of building area of the proposed Fire Station as follows: • Basement - 2,777 square feet • Main Floor - 8,987 square feet • Upper Floor - 4,171 square feet • Total - 15,435 square feet Ms. McGrath stated that the architectural style was been inspired by Julia Morgan vernacular to compliment the Federated Church. The maximum height on the west elevation is 30 ft, and the maximum height on the southern elevation is 22 ft. Ms. McGrath stated that the total project duration would be approximately 16- 18months. Ms. McGrath briefly explained the haul routes, parking locations, and shuttle routes. Steve Campbell, 14482 Oak Place, noted that he is a lifelong resident of the City, a neighbor of the Fire District and a member of the Federated Church. Mr. Campbell noted that he supports the project. 11 Hollie Davies, 14478 Oak Place, urged the City Council to approve the project stating that the new Fire Station would make a beautiful entrance to the Village. Aazon Katz, Po Box 116, stated that he was against the proposed project. Ben Dubin, 16689 Bohhnan Road, stated that he voted for the bond two years ago. Mr. Dubin stated that the design has improved from what the public saw in the beginning. Mr. Dubin urged the City Council to approve the prof ect. Susan Perry, 14340 Saratoga Avenue, commented that the City Council should open their eyes and ears to self interest groups. Ms. Perry stated that many changes have been made to the project. Ms. Perry stated that the voters approved the bond measure and urged the Council to approve the project is 16- 18months. Robert Egen, SFPD Commissioner, 14890 Montalvo Road, thanked City staff, the Council, and the community for working with them to build a fire station. Mr. Egen stated that they have tired to meet everyone's needs. Vic Monia, Granite Way, stated that the Fire District has given no assurance that the parking will be built. The City should impose a method or condition to guarantee that the parking spaces will be built: Jerry Bruce, Federated Church, stated that the new design has betterparking and a better circulation plan. Mr. Bruce stated he supports the current design. Mr. Bruce stated that Plan A increases the Church's parking and provides an . additional egress. James Kardach; 20221 La Paloma Avenue, stated that he is a member of the Village Green Neighborhood Association. Mr. Kardach noted that he supported that bond and is disappointed that it has not been built. Mr. Kazdach noted that he enjoys having the Fire Station in his neighborhood. Denise Michel, 20375 Park Place, Co-President/ Village Green Neighborhood Association. Ms. Michel stated that the Village Green Neighborhood Association has been working with the City, the District and the Church to address cut through traffic, parking issues and other concerns of the neighbors. Ms. Michel stated that the Association hopes to continue working with everyone in the future. Bi11 Giannini, 21670 Palomino Way, stated that he is a 4"' generation resident of the City of Sazatoga and a business owner. Mr. Giannini stated that the SFPD has always served them well. Mr. Giannini stated that the District does need a modem facility. Mr. Giannini stated that he thinks the azchitectural style in the proposed design fits well into the neighborhood. Bob Shepard, 20491 Forrest Hills, urged the City Council to move forward with the Fire District project. Mr. Shepard stated he fully supports the project. 12 Ed Farrell, 20877 Kittridge Road, referring to the comments made earlier this evening his special interest are the fireman that live in the fire house which is unsafe. Mr. Farrell agreed that the District needs a new station but does not agree to the increase in squaze footage from the origina17,000 square feet to over 17,000 square feet with 32% land coverage. Reese Williams, 20119 Knollwood Drive, stated that he feels the pal has been well thought out. Mr. Williams stated that he thinks the aesthetics are first rate. Mr. Williams thanked the Council, the Federated Church, SFPD and City staff. Joe Long, 14380 Saratoga Avenue, SFPD Commissioner, stated that although he is still new on the job he understand that sometimes elected official need to make tuff decisions. Arvin Engelson, Pastor/Sazatoga Federated Church, 20381 Sea Gull Way, applauded the efforts of all parties that participated in the past discussions in regard to the SFPD project. Jay Geddes, 13917 Lynde Avenue, SFPD Commissioner, stated that what was before the Council this evening was the design of the future. Mr. Geddes stated that he feels they have met the needs of the neighborhoods and the community. Mr. Geddes stated that Mr. Whetstone's letter was part of continued harassment to delay the construction of the new station. Frank Lemmon, 20655 Woodward Court, stated that he is the Chair of the Citizen Oversight Commission in charge of monitoring the prof ect. On October 29, 2002 the Committee reviewed the cost estimates of the project. Mr. Lemmon stated that the estimated cost plus a 10% contingency has a potential overrun of approximately $650,000. The sale of the Contempo property should cover the overrun. Mr. Lemmon stated that the Fire Commission is sure they can finish the project without another bond. Richard Crouch, 15668 Bohlman Road, stated that he supported the proposed project. Beverly Phipps, 15270 Norton Road, stated that there is a consensus that the SFPD needs a new station. Mr. Phipps stated that he thinks the proposed deign looks like a Mediterranean house. Mr. Phipps stated that he is concerned about the costs. Ms. McGrath noted that there was an error in her report; any reference that says shared parking with the Federated Church should say dedicated parking for Saratoga Fire District. Hal Toppel, Attorney/SFPD, noted that the District will have agreements between the City of Saratoga and the District that will permanently commit the pazking areas on the land the District owns to remain parking. However the property that is sold to the. Church, today they say it will remain parking, but the future of that land is not the District responsibility. Mr. Toppel stated that the District has completely met the City's parking requirements. 13 If the Church wants to use the parcel for other uses than parking they would have to come to the City. Councihnember Waltonsmith asked if the District received a letter from the United States Postal Office supporting the project. Mr. Toppel responded that a letter from the Post Office was submitted to the City. Gordon Duncan, Assistant Fire Chief/SFPD, addressed comments regarding the size of the proposed station. Assistant Fire Chief Duncan sited examples throughout the area in regards to sizes of new stations and what extra space was used for. Mayor Streit closed the public hearing at 9:00 p.m. Mayor Streit asked about additional safety efforts at the intersection on Saratoga Avenue and Highway 9. Mayor Streit asked if Caltrans would allow us to remove the "no tum on red restriction". John Cherbone, Director of Public Works, responded yes. Mayor Streit asked if this could be added to condition #40. Mayor Streit asked if the gate located in between the properties could be automatic. City Attorney Taylor stated that Council is directing the Public Safety Commission to look at the design of right turn lane improvements from northbound Highway 9 to eastbound Saratoga Avenue and that he would that this request to the resolution. Councihnember Waltonsmith stated that most of her concerns have been addressed, but would like to discuss parking with the Federated Church at a later date. Councihnember Waltonsmith noted that the size of the proposed station is still a concern of hers. Councihnember Mehaffey noted that this has been a very intense public process over the last year. Councihnember Mehaffey noted that the City got a very good design, much better than the original plan the District provided. Councilmember Mehaffey noted that the letter from the Post Office is not from the people in the Post Office that can make important decisions regarding property. Councihnember Mehaffey stated that the appropriate party should be contacted at the Post Office. Councihnember Mehaffey suggested that the District keep the neighborhood abreast of all activity regarding the construction process. Councihnember Mehaffey stated he had some concerns with Condition #40. Councilmember Mehaffey stated that the Public Safety Commission should be "requested" not "directed" to come up with a plan to detour traffic from the Village Green Neighborhood. Councilmember Mehaffey. stated that he supports the project 14 • Councilmember Bogosian stated that this process has been a very public process and as a result the District has submitted a great proposal. Councilmember Bogosian noted that with this proposal the intersection would be improved. Councilmember Bogosian stated that the new design blends into the neighborhood well. Councilmember Bogosian stated he supports this project. Vice Mayor Baker stated that he thinks that Condition #40 should remain as is. Vice Mayor Baker stated that this Council's priority has been to protect the quality and character of the neighborhoods. Other than that, Vice Mayor Baker noted that he supports the project. Councilmember Waltonsmith supported Vice Mayor Baker's request to leave Condition #40 as is. Mayor Streit noted that many people have worked on this project to make this Fire Station the best possible. Mayor Streit noted that he supports the proposed project. WALTONSMITH/MEHAFFEY MOVED TO ADOPT RESOLUTION OVERTURNING THE PLANNING COMMISSION DENIAL AND APPROVING APPLICATION #02-176 FOR A NEW AND TEMPORARY FIRE STATION. MOTION PASSED 5-0. 4. PROPOSED VACATION OF GEORGE WHALEN WAY BETWEEN SARATOGA AVENUE AND SARATOGA LOS-GATOS ROAD STAFF RECOMMENDATION: Re-open public hearing continued from October 16, 2002; close public hearing; adopt resolution. TITLE OF RESOLUTION: 02-080 RESOLUTION OF THE CITY COUNIL GRANTING THE VACATION OF GEORGE WHALEN WAY BETWEEN SARATOGA AVENUE AND SARATOGA-LOS GATOS ROAD BAKER/BOGOSINA MOVED TO ADOPT RESOLUTION VACATING GEORGE WHALEN WAY. MOTION PASSED 5-0. 5. ORDINANCE ADOPTING AND AMENDING THE 2001 EDITIONS OF THE CALIFORNIA BUILDING, PLUMBING, MECHANICAL, AND ELECTRICAL CODES AND RESOLUTIONS REGARDING THE NEED TO AMEND THE CALIFORNIA BUILDING CODE TO IMPOSE ADDITIONAL SEISMIC BRACING REQUIREMENTS 15 STAFF RECOMMENDATION: Open public hearing; close public hearing; place item on next agenda for adoption. Richard Taylor, City Attorney, presented staff report. City Attorney Taylor noted that on October 16, 2002 the City's Building Official has reviewed the 2001 California Building Standards Code and recommends that the City adopt the 2001 California Building, Plumbing, Mechanical, and Electrical codes by reference. The Building Official also recommends that the City adopt certain appendices to the Code. In addition, City Attorney Taylor noted that the Building Official recommends that the City amend the 2001 California Buildings Standards Code to impose additional seismic bracing requirements that are reasonably necessary because of local geological conditions. City Attorney Taylor noted that the proposed ordinance amends the Building Regulations chapter of the Saratoga City Code. MEHAFFEY/WALTONSMITH MOVED TO PLUMBING. MECHANICAL AND ELECTRICAL REGULATIONS CODE; PLACE ITEM ON THE CONSENT CALENDAR AT THE NEXT MEETING FOR ADOPTION. MOTION PASSED 5-0. OLD BUSINESS 6. .LAND EXCHANGE WITH SARATOGA FIRE PROTECTION DISTRICT STAFF RECOMMENDATION: Adopt resolution. TITLE OF RESOLUTION: 02-079 RESOLUTION OF THE CITY COUNCIL APPROVING THE LAND: EXCHANGE WITH SARATOGA FIRE PROTECTIONbISTRICT MEHAFFEY/WALTONSMITH MOVED TO ADOPT RESOTLUION APPROVING THE LAND EXCHANGE WITH THE SARATOGA FIRE PROTECTION DISTRICT. MOTION PASSED 5-0. Mayor Streit declared aten-minute break. at 9:30 p.m. Mayor Streit reconvened the meeting at 9:40 p.m. 7. SARATOGA LIBRARY PROJECT UPDATE STAFF RECOMMENDATION: Informational only. Lorie Tinfow, Assistant City Manager, presented staff report. 16 Assistant City Manger Tinfow explained that the Library JPA voted to pay for moving costs. That action would free up an additional $137,000 for construction expenses. Assistant City Manger Tinfow stated that there have been no new change orders since her last report and the construction completion date continues to be February 28, 2003, and the new library would be open to the public in Spring 2003. In regards to the Gen-Con Inc. bankruptcy, Assistant City Manger Tinfow stated that no new information has been received. In regards to the benches, Assistant City Manager Tinfow stated that she has reviewed additional information on the structural integrity and installation of the alternative benches and would wait until January to bring forward an opportunity for further Council discussion. In regards to the pazking lot modifications, Assistant City Manager Tinfow explained that pricing instill being developed for both the internal pazking lot. curbing and the perimeter erosion control. Once complete, the option would be brought to Council. Mayor Streit thanked Assistant City Manager Tinfow for her report. NEW BUSINESS 8. 2002-2003 CONTRACT PAVEMENT MANAGEMENT PROGRAM - AWARD OF CONTRACT STAFF RECOMMENDATION: Move to awazd bid to lowest bidder; award construction contract; approve additional work to contract; authorize staff to execute change orders to the contract. Morgan Kessler, Civil Engineer, presented staff report. Mr. Kessler explained that sealed bids for the 2002 Pavement Management Program were opened on October 31, 2002. A total of eight contractors submitted Bids. Bortolotto & Co. of San Carlos submitted the lowest bid of $619,962.49, which is 32% below the Engineer's Estimate of $815,469.95. Bid amounts came in unexpectedly low, which can be attributed to current material prices. Staff has carefully checked the bid along with the listed references and has determined that the bid is responsive to the Notice Inviting Sealed Bids dated October 4, 2002. Mr. Kessler stated that staff recommended that Bortolotto & Co. be declazed the lowest responsible bidder and authorize staff to execute change orders to the contract up to $90,000 to cover any unforeseen circumstances and address additional work, which may arise during the course of the project. Mayor Streit asked if Bortolotto & Co. has ever done work for the City. 17 john Cherbone, Public Works Director responded that Bortolotto & Co. has done good work for the City in the past. BAKER/MEHAFFEY MOVED TO DECLARE BORTOLOTTO & CO. THE LOWEST BIDDER. MOTION PASSED 5-0. BOGOSIAN/WALTONSMITH MOVED TO AWARD CONSTUCTION CONTRACT TO BORTOLOTTO. MOITON PASSES 5-0. WALTONSMITHBAKER MOVED TO APPROVE ADDITONAL WORK IN THE AMOUNT OF $2,000. MOTION PASSED 5-0. MEHAFFEYlWALTONSMTIH MOVED TO AUTHORIZE CHANGE ORDERS UP TO $90.000. MOTION PASSED 5-0. AUTHORIZE SUPPORT OF FRIEND OF THE COURT BRIEFS IN SAN JOSE CHRISTIAN COLLEGE V. CITY OF MORGAN HILL; BARDEN V. CITY OF SACRAMENTO STAFF RECOMMENATION: Authorize amicus participation. Richard Taylor, City Attorney, presented staff report. City Attorney Taylor explained that the courts authorize amicus ("friend of the court") briefs incases where the amici have an interest in the case and would provide an additional perspective to that being provided by the parties to the case. The City's support is currently being sought in the following cases, which are of possible concern to the City. (1) San.7ose Christian College v. City of Morgan Hill City Attomey Taylor explained that this case involves the interpretation and application of the First Amendment to the United States Constitution and the Religious Land Use and Institutionalized Persons Act of 2000 ("RLUIPA"). See 42 U.S.C. § 2000 cc et seq. City Attomey Taylor explained that a health care facility closed the only hospital in the City of Morgan Hill and sold the property to a Christian college. The college filed an application to change the zoning designation for the site from medical use to educational use. The city denied the application, explaining that the site was the only property in the city zoned for hospital use. The college then filed suit against the city under RLUIPA. City Attomey Taylor explained that under RLUIPA, "no government shall impose or implement a land use regulation in a manner that imposes a substantial burden on the religious exercise" of a person, assembly, or institution, unless the regulation is the least restrictive means of furthering a compelling governmental purpose. 42 U.S.C. sec. 2000cc(a)(1). At trial, the district court entered sunnmary judgment in favor of the city, finding that the college had failed to demonstrate 18 that the denial of its application placed a substantial burden on its exercise of religion. The court concluded that RLUIPA "does not provide religious institutions with immunity from land use regulation." The college has appealed to the Ninth Circuit Court of Appeals. The amicus brief will emphasize that RLUIPA is intended to prevent discrimination against religious expression and institutions, not to exempt religious institutions from neutral land use regulations or environmental regulations under the California Environmental Quality Act, and that interpreting RLUIPA to forbid any zoning or land use restrictions on religious institutions would strip local governments and planning commissions throughout the State of California of their historic power to reasonably regulate land use for the public welfare, thereby making federal courts, in essence, "super zoning bodies." The League of Cities Legal Advocacy Committee has recommended that cities join the amicus brief, which is being prepared. without charge to participating cities. The deadline to join the brief is November 7, 2002. (2) Barden v. City of Sacramento City Attorney Taylor explained that this case involves the application of Title II of the Americans with Disabilities Act ("ADA"); 42 U.S.C. § 12132, to the maintenance of public sidewalks. City Attorney Taylor explained that various individuals with mobility and/or vision disabilities brought a class action against the City of Sacramento, alleging that the city violated the ADA by failing to maintain existing sidewalks so as to ensure that the sidewalks are accessible to persons with disabilities. The individuals with disabilities argued that the city is obliged to remove barriers to sidewalk accessibility, such as benches, sign posts, wires, and utility poles. City Attorney Taylor explained thaYat trial, the district court granted partial summary judgment in favor of the city, holding that the public sidewalks in Sacramento are not a service, program, or activity of the city and, accordingly, are not subject to the program access requirements of the ADA. However, the Ninth Circuit Court of Appeals reversed, holding that maintaining public sidewalks is a normal function of a city and, therefore; that public sidewalks are subject to the accessibility requirements of the ADA. The Court of Appeals noted that the ADA regulations require curb ramps to be installed in all pedestrian walkways and found that this requirement "reveals a general concern for the accessibility of public sidewalks ...and would be meaningless if the sidewalks between the curb ramps were inaccessible." The Court of Appeals refused to consider arguments concerning any "undue financial and administrative burdens," stating that the city would have an opportunity to present evidence on that issue at trial. 19 The City of Sacramento intends to petition the U.S. Supreme Court to review the case and has asked the City to join an amicus brief in support ofthe-petition. In addition, the City of Sacramento has asked the City to join an amicus brief on the merits if the Supreme Court agrees to hear the case. The City of Sacramento • anticipates that the amicus brief will explain the intent of the ADA and discuss the serious financial burden that the Court of Appeal's ruling would place on cities and other local agencies if allowed to stand. City Attorney Taylor explained that the League of Cities Legal Advocacy Committee has recommended that cities join the amicus brief in support of the petition, which is being prepared without charge to participating cities. The National League of Cities, the U.S. Conference of Mayors, the California Association of Counties, the National Association of Counties, the City of New York, and numerous other cities have also joined or recommended joining amicus briefs in support of the petition. The deadline to join the brief is November 15, 2002. MEHAFFEYBOGOSIANMQVED TO AUTHORIZE PARTICIPATION IN AMICUS BRIEF IN SAN JOSE CHRISTIAN COLLEGE V. CITY OF MORGAN HILL. MOTION PASSED S-0. WALTONSMITHBOGOSIAN MOVED TO AUTHORIZE PARTICIPATION IN AMICUS BRIEF IN BARDEN V. CITY OF SACRAMENTO. MOTION PASSED 4-1 WITH BAKER OPPOSING. AGENCY ASSIGNMENT REPORTS Vice Mayor Baker stated that he would follow up on Mr. Martell's concerns at the next West Valley Sanitation District Board meeting. Councilmember Bogosian stated that the Silicon Valley Animal Control Authority authorize the General Manager to look for additional property to purchase for the shelter Councilmember Waltonsmith and Councilmember Mehaffey had no reportable information. Mayor Streit stated that an original Tea Room was recently donated to Hakone Gardens and is being shipped from Japan. CITY COUNCIL ITEMS Vice Mayor Baker stated that at the last Parks and Recreation Commission meeting approximately 25 neighbors of the Wildcat Creek Trail came before the Commission protesting to the gates that the SCC Water District installed blocking the trail off completely. Vice Mayor Baker requested that this item be brought back as an agenda item at the next City Council meeting. Consensus of the City Council to place this item on the November 20, 2002 City Council . agenda. 20 In regards to the $MX course at Garner Park, Vice Mayor Baker suggested that the City either remove it or rebuild it. In regards to the Library's grand opening celebration, Councihnember Waltonsmith suggested that an adhoc committee be formed to help plan the celebration Councilmember Waltonsmith volunteered to be one of the adhoc members. Councilmember Bogosian noted that he would volunteer, but if either one of the new Councilmembers would like to take his place he would not hesitate to let them. OTHER None CITY MANAGER'S REPORT None ADJOURNMENT There being no further business Mayor Streit adjourned the meeting at 10:15 p.m. Respectfully submitted, Cathleen Boyer, CMC City Clerk • 21 MEETING DATE: . ORIGINATING PREPARED B SARATOGA CITY COUNCIL 2~j uary 5, 2002 AGENDA ITEM: ~ity Manager CITY MANAGER: ~~~-~ DEPT HEAD: SUBJECT: City Council Minutes RECOMMENDED ACTION: Approve minutes. REPORT SUMMARY: Approve minutes as submitted for the following City Council Meeting: Regular meeting -December 10, 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 December 10, 2002 1 1 MINUTES SARATOGA CITY COUNCIL DECEMBER 10, 2002 The City Council of the City of Saratoga met in Closed Session, Administrative Conference Room. 13777 Fruitvale Avenue at 7:00 p m: ADJOURNED TO THEATER LOBBY FOR RECEPTION- 6:30 p.m. MAYOR'S REPORT ON CLOSED SESSION - 7:05 p.m. Mayor Streit reported there was Council discussion but no action was taken. Mayor Streit called the Adiourned City Council meeting to order at 7:06 p.m. and requested Councilmember Mehaffey to lead the Pledge of Allegiance. ROLL CALL PRESENT: Councilmembers Stan Bogosian, John Mehaffey, Ann VJaltonsmith, Vice Mayor Evan Baker, Mayor Nick Streit ABSENT: None ALSO PRESENT: Dave Anderson, CityManager 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 CLERI{ ON POSTING OF AGENDA FOR DECEMBER 10 2002. Cathleen Boyer, City Clerk, reported that pursuant to Government Code Section 54954.2, the agenda for the meeting of December 10, 2002 was properly posted on December 6, 2002. COMMUNICATIONS FROM COMMISSIONS & PUBLIC ORAL COMMUNICATIONS No one requested to speak at tonight's meeting. COMMUNICATIONS FROM BOARDS AND COMMISSIONS None 1 WRITTEN COMMUNICATIONS None COUNCIL DIIiECTION TO STAFF None CEREMONIAL ITEMS None SPECIAL PRESENTATIONS None CONSENT CALENDAR 1. RESOLUTION FOR ADOPTION GRATING THE APPEAL OF A PLANNING COMMISSION DECISION TO DENY DESIGN REVIEW APPLICATION DR-O1-044 TO CONSTRUCT FII2ST AND SECOND STORY ADDITIONS TO AN EXISTING ONE-STORY SINGLE-FAMILY RESIDENCE LOCATED AT 18360 PURDUE DRIVE STAFF RECOMMENDATION: Adopt resolution. TITLE OF RESOLUTION: 02-096 RESOLUTION OF THE CITY COUNCIL OVERTURNING THE PLANNING COMMISSION DENIAL AND APPROVING DESIGN REVIEW APPLICATION DR-O1-044 BOGOSIAN/1VIEHAFFEY MOVED TO ADOPT RESOLUTION OVERTURNING THE DECISION OF THE PLANNING COMMISSION. MOTION PASSED 5-0. COUNCIL REORGANIZATION 2. REMARKS FROM OUTGOING MAYOR- NICK STREIT Mayor Streit reflected on his term as Mayor of the City of Saratoga noting his accomplishments. CJ 2 REMARKS FROM VICE MAYOR EVAN BAKER AND COUNCILMEMBER JOHN MEHAFFEY Vice Mayor Baker reflected on the past four years he served as a Councilmember for the City of Saratoga. Vice Mayor Baker thanked the City Council and City Staff. Councilmember Mehaffey reflected on the past four years he served as a Councilmember for the City of Saratoga. 4. PRESENTATIONS TO VICE MAYOR BAKER AND COUNCILMEMBER MEHAFFEY Mayor Streit, Councilmember Waltonsmith and Councilmember Bogosian presented Evan Baker and John Mehaffey gifts from the City as tokens of appreciation for their four years of dedicated service on the City Council. 5. CERTIFICATION OF NOVEMBER 5, 2002 GENERAL MUNICIPAL ELECTION RESULTS AND CANVAS OF RETURNS FROM THE COUNTY REGISTRAR OF VOTERS FOR COUNCIL CANDIDATES STAFF RECOMMENDATION: Adopt resolution and direct City Clerk to Administer Oath of Office to new Councilmembers. TITLE OF RESOLUTION: 02-095 RESOLUTION OF THE CITY COUNCII. OF THE CITY OF SARATOGA DECLARING THE RESULTS OF THE GENERAL MUNICIPAL ELECTION OF MEMBERS TO THE CITY COUNCIL OF NOVEMBER 5, 2002 BAKER/MEHAFFEY MOVED TO ADOPT RESOLUTION DECLARING THE RESULTS OF THE NOVEMBER 5, 2002 ELECTION. MOTION PASSED 5-0. Cathleen Boyer, City Clerk, administered the Oath of Office to Kathleen King, Norman Kline and Nick Streit. 6. REORGANIZATION OF CITY COUNCII, STAFF RECOMMENDATION: 1. City Manager declares the office of the Mayor vacant and asks for nominations; when all nominations have been received, a vote is called; 2. Mayor declares the office of Vice Mayor vacant and asks for nominations; when all nominations have been received, a vote is called. t Dave Anderson, City Manager, declared the office of Mayor vacant and asked for nominations. Councilmember Waltonsmith moved to nominate Nick Streit as Mayor. WALTONSMITI-I/KLINE MOVED TO APPOINT NICK STREIT AS MAYOR. MOTION PASSED 5-0. Mayor Streit declared the office of Vice Mayor vacant and asked for nominations. Councilmember Kline moved to nominate Ann Waltonsmith as Vice Mayor. KLINE/KING MOVED TO APPOINT ANN WALTONSMITH AS VICE MAYOR. MOTION PASSED 5-0. REMARKS FROM NEW MAYOR, VICE MAYOR, AND COUNCII,MEMBERS The Mayor and. City Councilmembers each provided brief remarks. NEW BUSINESS 8. COUNCIL AGENCY ASSIGNMENTS, COMMISSION LIAISONS AND ADHOC COMMITTEES STAFF RECOMMENDATION: Informational only. Cathleen Boyer, City Clerk, presented staff report. City Clerk Boyer explained that it was the appropriate time of year to present to the City Council a list of all the outside agencies, commission, committees and adhoc committees City Councilmembers are assigned to each yeaz. City Clerk Boyer noted that Staffwas requesting that the Council review the information provided in their packet and submit their preferences to the Mayor by December 12, 2002 so it may be approved on the December 18, 2002 agenda. PROPOSED 2003 COUNCIL CALENDAR STAFF RECOMMENDATION: Informational only. Cathleen Boyer, City Clerk, presented staff report. City Clerk Boyer noted that there was one minor correction; the Council retreat was now scheduled for February 1, 2003. CITY COUNCIL ITEMS None OTHER None CITY MANAGER'S REPORT None ADJOURNMENT Mayor Nick Streit adjourned the meeting at 7:40 p.m. and invited everyone to the lobby for the reception. Respectfully submitted, Cathleen Boyer, CMC City Clerk 5 SARATOGA CITY COUNCIL MEETING DATE: February 5, 2002 ORIGINATING D ~ T, Manager PREPARED BY: 1 SUBJECT: City AGENDAITEMi CITY MANAGER: ~~C~-~" DEPT HEAD: RECOMMENDED ACTION: Approve minutes. REPORT SUMMARY: Approve minutes as submitted for the following City Council Meeting: Regualr meeting -December 18, 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 December 18, 2002 i MINUTES . SARATOGA CITY COUNCIL . DECEMBER 18, 2002 The City Council of the City of Saratoga met in Closed Session, Administrative Conference Room, 13777 Fruitvale Avenue at 5:00 p.m. Conference with Legal Counsel -Threatened litigation (Gov't Code 54956.9(b): (1 potential case) Conference With Legal Counsel -Existing Litigation. (4. cases) (Government Code section 54956.9(a)) Name of case: City of Saratoga v. West Valley-Mission Community College District (California Court of Appeal, Sixth Appellate District No. H022365) Name of case: Nora v. Hartge and City Saratoga (Santa Clara Superior Court No. CV-8410985 Name of case: Tsung-Chin Wu, Yuh-Ning Chen v, Parker Ranch Homeowners Association (Santa Clara County Superior Court No. CV-707015) Name of case: City of Sazatoga v. Hinz (Court of Appeal for State ofCalifornia- 6`h Appellate District No. H-023549) 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 Reg ular City Council meeting to order at 7:00 p.m. and requested Richard Taylor, City Attorney, to lead the Pledge of Allegiance. ROLL CALL PRESENT: Councilmembers Kathleen King, Norman Kline, Vice Mayor Ann Waltonsmith, Mayor Nick Streit ABSENT: Councilmember Stan Bogosian. ALSO PRESENT: Dave Anderson, City Managef Lorie Tinfow, Assistant City Manager Richard Taylor, City Attorney Cathleen Boyer, City Clerk Jesse Baloca, Administrative Services Director John Cherbone, Director of Public Works. Rick Torres, Public Works Supervisor REPORT OF CITY CLERK ON POSTING OF AGENDA FOR DECEMBER 18, • 2002 Cathleen Boyer, City Clerk, reported that pursuant to Government Code Section 54954.2, the agenda for the meeting of December 18, 2002 was properly posted on December 13, 2002. COMMUNICATIONS FROM COMMISSIONS & PUBLIC ORAL COMMUNICATIONS The following people requested to speak at tonight's meeting: Captain Dennis Bacon, SCC Sheriff's Department, announced that he has been promoted to Commander. Captain Bacon noted that he would be replacing Commander Miles who is retiring. Captain Miles thanked the City Council and Staff for all of the support he has been given over the last 18 months and noted that once a new Captain has been appointed he would contact the City. Mayor Streit thanked Captain Bacon for his service to the City of Saratoga. Fred Armstrong, Saratoga Rotary, 20462 Shelley Lane, requested that the City consider participating in the Rotary's first cultural diversity celebration called "Building Bridges". Mr. Armstrong noted that the event would take place in October 2003 and would be held at West Valley College. COMMUNICATIONS FROM BOARDS AND COMMISSIONS None WRITTEN COMMUNICATIONS None COUNCIL DIRECTION TO STAFF None None CEREMONIAL ITEMS None SPECIAL PRESENTATIONS None CONSENT CALENDAR lA. APPROVAL OF CITY COUNCIL MINUTES -NOVEMBER 6, 2002 STAFF RECOMMENDATION: Approve minutes. Mayor Streit requested that Item lA be removed form the Consent Calendar. Due to the fact that Councilmember Bogosian was absent, Mayor Streit noted that this item would have to be continued to the January 15, 003 meeting., 1$. REVIEW OF CHECK REGISTER STAFF RECOMMENDATION: Approve check register. WALTONSMITH/KLINE MOVED TO APPROVE CHECK REGISTER. MOTION PASSED 4-0-0-1 WITH BOGOSIAN ABSENT. 1C. PLANNING ACTION MINUTES -DECEMBER 11, 2002 STAFF RECOMMENDATION: Note and file.. WALTONSMITH/KLINE MOVED TO NOTE AND FILE PLANNING ACTION MINUTES. MOTION PASSED 4-0-0-1 WITH BOGOSIAN ABSENT. 1D. APPROVAL OF 2003 COUNCIL MASTER CALENDAR STAFF RECOMMENDATION: Approve calendar. WALTONSMITH/KLINE MOVED TO APPROVE 2003 COUNCIL MASTER CALENDAR. MOTION PASSED 4-0-0-1 WITH BOGOSLSN ABSENT. lE. ADOPT RESOLUTION CONFIRMING COUNCIL AGENCY, COMMISSION AND ADHOC COMMITTEE LIAISON APPOINTMENTS STAFF RECOMMENDATION: Adopt resolution. Mayor Streit requested that Item lE be removed form the Consent Calendar. Mayor Streit noted that Councihnember Bogosian requested that he be removed from the Planning Commission and the Tree Ordinance AdHoc Committee. Councilmember King stated she would take the Tree Ordinance AdHoc Committee and Councilmember Kline stated that he would take the Planning Commission. WALTONSMITH/KLINEMQVED TO ADOPT RESOLUTION CONFIRMING COUNCIL AGENCY, COMMISSION AND ADHOC COMMITTEE LIAISON APPOINTMENTS AS AMENDED. MOTION PASSED 4-0-0-1 WITH BOGOSIAN ABSENT. 1F. SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUNDS (SLESF) STAFF RECOMMENDATION: Adopt resolution. TITLE OF RESOLUTION: 02-097 RESOLUTION OF THE CITY COUNCIL REPORTING ON USE OF SUPPLEMENTAL LAW ENFORCEMENT FUNDS KNOWN AS "COPS" FOR FISCAL YEAR 2002-03 WALTONSMITH/KL1NE MOVED TO ADOPT RESOLUTION APPROVING MOTION PASSED 4-0-0-1 WITH BOGOSIAN ABSENT. PUBLIC HEARINGS None OLD BUSINESS 2. SARATOGA LIBRARY PROJECT UPDATE STAFF RECOMMENDATION: Accept report. Lorie Tinfow, Assistant City Manager, presented staff report. Assistant City Manager Tinfow explained the following highlights in regazds to the Library's budget: • The $119,303 shown as Phase I "estimate of changes to contract" represents retention monies still held by the City of Saratoga for Phase T. The surety is expected to cover cots to complete Phase I work, currently running about $165,000, through a combination of release of any claim for retention funds and payment of costs in excess of zetentions funds held. • The estimated additional costs of the tele/data installation work is expected to exceed the budgeted amount by roughly $50,000. 4 • Due to the special counsel that has been helping the City deal with the bankruptcy of GenCon, the COC has asked that an extra $10,000 be added to the budget to cover attorney fees they may have to be paid from the bond. • No new change order activity • Total project sost$14,538,212wifh $61,7881eft out of the budgeted amount of $14,600,000 authorized by Council • Substantial completion date continues to be February 28, 2003 • GenCon has converted its filing from Chapter 11 to Chapter 7 Councihnember Kline asked if there were any damages to the Library from the recent storm. Assistant City Manager Tinfow stated that there was some water damage on the drywall, which has been marked by the Project manager for replacement. Councihnember King asked how the video of the library came out. Assistant City Manager Tinfow responded that he video fumed out great; residents can see what they can expect when it's finished. KSAR has scheduled the video to air on Monday and Thursday at Spm and l Opm. Councilmember King asked if the Council could get copies of the video. Assistant City Manager Tinfow responded that she would request copies of the video from KSAR. Mayor Streit thanked Assistant City Manager Tinfow for her report. NEW BUSINESS FUTURE OF LIBRARY EXPANSION COMMITTEE AND CITIZEN OVERSIGHT COMMITTEE STAFF RECOMMENDATION: Accept report and duect staff accordingly. Lorie Tinfow, Assistant City Manager, presented staff report. Assistant City Manager Tinfow explained that the $15 million Library Bond was passed by the voters in Mazch 2000. By May 2000, the Library Expansion Committee (LEC) began meeting. In addition the Citizen's Oversight Committee (COC) was a condition of voter approval and they begun meeting in Mazch 2001. Assistant City Manager Tinfow explained that with the completion of the library construction a few months away, both Committees have requested Council direction about expected timeline for their activities and possible. continued meeting beyond Spring of 2003. Assistant City Manager Tinfow reported some suggestions: • 1. Direct the LEC to continue until the library opens to the public and then disband 2. Direct the LEC to oversee warranty issues that may occur in the first year of operation and make recommendations to the City Council 3. Direct the COC to continue to exist until all bond funds are disbursed including overseeing the activity and costs associated with the Phase I bankruptcy 4. Direct the COC to recommend use of interest income from the bond funds Consensus of the City Council to support the first and third suggestion. 4. CONGRESS SPRINGS PARK IMPROVEMENTS -AMENDMENT TO DONATION AGREEMENT WITH SARATOGA LITTLE LEAGUE STAFF RECOMMENDATION: Move to approve first amendment to Donation Agreement with Saratoga Little League and authorize City Manager to execute the same.. John Cherbone, Public Works Director, presented staff report. Director Cherbone explained that in December 2002 the City Council approved a Donation Agreement with Saratoga Little League in the amount of $90,000 for • additional improvements to Congress Springs Park, which were not included in the Congress Springs Park Improvement Project. Subsequently, a General Fund Transfer in the amount of $90,000 was made to the project and the additional improvements were incorporated into the park project. Director Cherbone explained that the agreement stipulated that the Saratoga Little League donate $30,000 per calendar year for three years to the Saratoga Youth Sports Fund. The donation payments would then repay the City's General Fund over the period of the loan. Director Cherbone explained that the Saratoga Little League would like to restructure their donation agreement because of financial hardship. Their proposal is to extend the donation payment period from 3 years to 5 years and change the due date of the annual donation payments from December 31 to June 1. KLINE/WALTONSMITHMQVED TO APPROVE FIRST AMENDMENT TO THE DONATION AGREEMENT WITH THE SARATOGA LITTLE LEAGUE AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE SAME. MOTION ASSED 4-0-0-1WITH BOGOSIAN ABSENT. 5. INTRODUCTION AND FIRST READING OF ORDINANCE ADOPTING ' AND AMENDING THE 2001 EDITION OF THE CALIFORNIA FIRE • CODE AND THE 2000 UNIFORM FIRE CODE AND ADOPTION OF RESOLUTION STAFF RECOMMENDATION: Approve resolution and introduce ordinance. TITLE OF RESOLUTION: 02-099 RESOLUTION OF THE CIT COUNCIL INCLUDING FINDINGS REGARDING THE NEED FOR AMENDMENTS TO PROVISIONS IN THE CALIFORNIA FIRE CODE ADOPTED BY REFERENCE IN THE SARATOGA CITY CODE Richazd Taylor, City Attorney presented staff report. City Attorney Taylor explained that the California Building Standazds Code (CBSC) is updated every three years by the Cornmission. The 2001 edition of the CBSC became effective on November 1, 2002. On November 6, 2002 the City Council amended the City Code to adopt the 2001 editions of the Building, Plumbing, Mechanical, and Electrical Codes by reference. However, consideration of the 2001 edition of the California Fire Code was postponed pending discussions between the City's Building Official, City Attorney and chiefs • of the Santa Clara County Fire Department and the Saratoga Fire District. City Attorney Taylor stated that the Building Official and both Fire Chiefs recommend that the City Council adopt the 2001 California Fire Code by reference and also recommends that the City impose additional fire safety requirements that are reasonably necessary because of local climatic, geological, and topographical conditions. KLINE/WALTONSMITH MOVED TO ADOPT RESOLUTION REGARDING THE NEED TO AMEND THE CALIFORNIA FORE CODE TO IMPOSE ADDITIONAL FIRE SAFETY REQUIREMENTS. MOTION PASSED 4-0-0-1 WITH BOGOSIAN ABSENT. 7. AMENDMENT TO THE SILICON VALLEY ANIMAL CONTROL AUTHORITY (SVACA) TO JOINT EXERCISE OF POWERS AGREEMENT STAFF RECOMMENDATION: Approve the amendment and authorize City Manager to sign amended JPA Agreement. On December 3, 2002 a meeting of the SVACA Member Cities' City /Town • Managers and staff was held in the Town of Los Gatos to discuss the outcome of an "Indeuendent Financial Analvsis" oerfonned by the Citv of Sunnwale. Citv of Cupertino and Town of Los Gatos. At the conclusion of the meeting the consensus 7 ~ of the Managers was the there were still operational and fiscal issues that would require more research in order for some of the cities to make a decision regarding their FY 2003-2004 participation in the JPA by the December 31, 2002 deadline. Therefore, the SVACA staff was asked by the City Mangers to call a Special Board meeting to discuss, approve and forward an amendment to the cities fora 90 day extension of the December 31, 2w002 deadline for this year only. The Special cal meeting occurred ion December 10 and the board took action to ask Member Cities to approve the following two amendments: • To amend the "180 day rule" prior to June 30 for a Member City to give notice of its intent to withdraw from the JPA to 90 days for the current year only • To adjust the references in the JPA regarding preparation and notice of the SVACA FY 2003-2004 budget accordingly WALTONSMITH/KLINEMQVED TO AUTHORIZE THE CITY MANAGER TO SIGN AMENDED JPA AGREEMENT. MOTION PASSED 4-0-0-1 WITH BOGOSIAN ABSENT. 8. COUNCIL RETREAT TOPICS STAFF RECOMMENDATION: Accept report and direct staff accordingly. Dave Anderson, City Manager, presented staff report. City Manager Anderson explained that a Council Retreat has been scheduled for February 1, 2003 at the North Campus. City manager Anderson explained the proposed topics for discussion and asked the Council for any additional topics they wish to discuss that day. 9. BROOKGLEN, EL QUITO, WILDWOOD PART{S AWARD OF DESIGN CONTRACTS STAFF RECOMMENDATION: Move to award design contracts to The Beals Group and Design Focus and authorize City Manager to execute contracts for same. Cary Bloomquist, Administrative Analyst, presented staff report. Analyst Bloomquist reported that in direct response to Federally mandated Playground Equipment Safety Standards, the City, through the Parks and Recreation Commission, formed task forces and held kickoff meetings this past July 2002,. at Brookglen and Wildwood Parks to replace existing equipment that does not meet the federal safety standards. Analyst Bloomquist explained that staff solicited proposals from 34 Landscape Design firms for the Brookgien/El Quito/Wildwood Park Improvement Projects. Proposals were received from 6 design firms by the November 15`h deadline. The Beals Group was selected to design the El Quito Projects because of their extensive experience with medium to large size public projects and their competitive cost proposal. Staff also recommends hiring Design Focus for the ~ design of Brookglen and Wildwood Parks because of their extensive experience in the Saratoga Community with smaller, unique projects and their strong design skills and the competitive cost proposal. • Councihnember King stated that as a parent of a special needs child it would be nice if the City had a fully accessible park for the residents with special needs children. WALTONSMITH/KiNG MOVED TO AWARD DESIGN CONTRACTS TO MOTION PASSED 4-0-0-1 WITH BOGOSIAN ABSENT. 10. AUTHORIZATION TO PURCHASE MAINTENANCE VEHICLES AND AUTHORIZATION TO DISPOSE OF SURPLUS VEHICLES STAFF RECOMMENDATION: Move to authorize the purchase of maintenance vehicles, vehicle warranties and declare certain vehicles as surplus and authorize their disposal. Rick Torres, Public Works Supervisor, presented staff report. Supervisor Torres explained that on an annual basis the Public Works Department performs a review of the City's rolling stock and capital equipment inventory for future replacement needs. The information is then used to plan for inclusion into • subsequent budget years. Replacement is determined on various factors such as age, condition, mileage, and use. Supervisor Torres noted that this year staffproposed to surplus two vehicles and purchase three new vehicles. The number of replacement vehicles is proposed this year reflects a 50% reduction in Capital spending over the last years budget as directed by City Council. Supervisor Torres stated that staff recommends that the Council authorize the purchase of the following from Victory Commercial Truck Center: • 2003 Chevrolet 3500 1-ton dump truck • 2003 Chevrolet 1500 Pickup • 2003 Chevrolet 5-10 pickup • Extended warranty contract for all three vehicles Councilmemher Waltonsmith asked why the vehicles did not come with Compress Natural Gas (CNG). Supervisor Torres responded that the dump truck did not come in CNG and for practical reasons regular fuel is needed in the two other trucks. Supervisor Torres stated that unfortunately there aren't many CNG fuel stations in this area. • y WALTONSMITH/KLINE MOVED TO AUTHORIZE THE PURCHASE OF THREE VEHICLES FROM VICTORY COMMERCIAL TRUCK CENTER TN THE AMOUNT OF $70.896.95. MOTION PASSED 4-0-0-1 WITH BOGOSIAN ABSENT. WALTONSMITH/KLINE MOVED TO AUTHORIZE THE PURCHASE OF AN EXTENDED WARRANTY CONTRACT FOR ALL THREE VEHICLES IN THE AMOUNT OF 5960.00 FOR EACH VEHICLE. MOTION PASSED 4-0-0-1 WITH BOGOSIAN ABSENT. WALTONSMITH/KLINE MOVED TO DECLARE THE 1996 DODGE RAM VEHICLE #89 AND THE 1987 CHEVY 5-10 VEHICLE #60 SURPLUS AND AUTHORIZE THEIR DISPOSAL. MOTION PASSED 4-0-0-1 WITH BOGOSIAN ABSENT. COMMISSION ASSIGNMENT REPORTS None CITY COUNCIL ITEMS None OTHER None CITY MANAGER'S REPORT Dave Anderson, City Manager, reported on the recent storm damage. City Manager Anderson noted that there were several trees that were down, minor flooding to properties, numerous storm drains plugged, 30 calls from County Communications. City Anderson noted that there were 4-6 maintenance personnel on duty Saturday and Sunday with 10-30 hours of overtime per person. City Manager Anderson noted that staff has put together a list of things to do in order to be better prepared for storms such as: dedicated phone line in the corporation yard, new radios, new generator and battery backup system at the intersection of Quito/ Allendale Avenue and Saratoga/Fruitvale Avenue. Mayor Streit stated that he was at the Corporation Yard on Saturday and wanted to thank the employees for doing such a great job. ADJOURNMENT There be no further business Mayor Streit adjourned the meeting at 8:20 p.m. Respectfully submitted, Cathleen Boyer, CMC City Clerk 10 SARATOGA CITY COUNCIL MEETING DATE: Febru 5, 2002 AGENDA ITEM: ~ l ,; ~ ORIGINATING PT:: Ma er CITY MANAGER: PREPARED BY: ~ ~ ' i DEPT HEAD: ~1 L....~ SUBJECT: City Council ~ utes RECOMMENDED ACTION: Approve minutes. REPORT SUMMARY: Approve minutes as submitted for the following City Council Meeting: Regular meeting -January 15, 2003 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 7anuary 15, 2003 MINUTES SARATOGA CITY COUNCIL . JANUARY 15, 2003 The City Council of the City of Sazatoga met in Open Session in the Administrative Conference Room at 5:00 p.m. to interview applicants for the Finance Commission, The City Council of the City of Saratoga met in Closed Session, Administrative Conference Room, 13777 Fruitvale Avenue at 5:15 y.m. Public Employee Performance Evaluation (Gov't Code 54957) Title: City Attorney Conference with Legal Counsel -Threatened litigation (Gov't Code 54956.9(b): (1 potential case) Initiation of litigation (Gov't Code section 549569(c): (2 potential cases). Conference With Legal Counsel -Existing Litigation (2 cases) (Government Code section 54956.9(a)) Name of case: City of Saratoga v. West Valley-Mission Community College District (California Court of Appeal, Sixth Appellate District Na H022365) Name of case: Gen-Con (United States Bankruptcy Court, Northern District of California, Case No. 02-53885JRG) MAYOR'S REPORT ON CLOSED SESSION - 7:00 Vim, Mayor Streit reported there was Council discussion but no action was taken. Mayor Streit noted that Vice Mayor Waltonsmith attended Closed Session, but went home i1L Mayor Streit called the Regular City Council meeting to order at 7:05 p.m. and lead the Pledge of Allegiance. ROLL CALL PRESENT: Councihnembers Stan Bogosian, Kathleen King, Norman Kline, Mayor Nick Streit ABSENT: .Vice Mayor Ann Waltonsmith, ALSO PRESENT: Dave Anderson, City Manager Lorie Tinfow, Assistant City Manager Richazd Taylor, City Attorney Cathleen Boyer, City Clerk Jesse Baloca, Administrative Services Director Steve Prosser, Community Service Officer REPORT OF CITY CLERK ON POSTING OF AGENDA FOR JANUARY 15 2003 Cathleen Boyer, City Clerk, reported that pursuant to Government Code Section 54954.2, the agenda for the meeting of January 15, 2003 was properly posted on January 10, 2003. COMMUNICATIONS FROM COMMISSIONS & PUBLIC ORAL COMMUNICATIONS The following person requested to speak at tonight's meeting: Cheriel Jensen, 13737 Quito Road, pointed out a hazardous condition that exists on the property located at 13715 Quito Road. Ms. Jensen explained that the owner of the property has erected a fence thatblocks her view when she exists her driveway. Ms. Jensen also noted that her neighbors on the south side are also impacted. Ms. Jensen noted that people trying to walk or bicycle on Quito Road aze also being placed at risk by parking on the public path and bicycle lane and the loss of width of the path. COUNCIL DIRECTION TO STAFF Councilmember Kline requested that the Council direct staff to investigate the situation that Ms. Jensen brought up and report back to Council. Consensus of the City Council to support Councihnember Kline's request. Mayor Streit announced that the On February 9, 2003 the Heritage Preservation Commission is having their 2"a Annual Mustazd Walk. Mayor Streit added that this yeaz's event would be co-sponsored by the Historical Society and the Arts Commission. CEREMONIAL ITEMS None SPECIAL PRESENTATIONS lA. LEAGUE OF CALIFORNIA CITIES GRASSROOTS NETWORK COORDINATOR REBECCA ELLIOTT STAFF RECOMMENDATION: Information only: Rebecca Elliott was unable to attend tonight's meeting. 1B. 211 IMPLEMENTATION AND REFERRAL PHONE NUMBER TO SERVE SANTA CLARA COUNTY RESIDENTS AND VISITORS STAFF RECOMMENDATION: Information only. Nona Tobin, Loaned Executive/LTnited Way, explained what 2-1-1 was and the proposed purposes of the refenal number. Ms. Tobin noted that 2-1-1 is a three-digit phone number designated by the Federal Communications Commission (FCC) to be exclusively used for information & referral for health and humane services. Ms. Tobin noted that 2-1-1 is needed because it eliminates confusion in connecting people with the essential community and public services they need. Ms. Tobin noted that 2-1-1 has the added benefit of reducing non-emergency call load experienced by 911. Ms. Tobin explained that SV 211 Steering Committee estimates thaYin Santa Clara County this service would cost $1.00 person, roughly $1.7 million per yeaz operational cost fora 24/7 center once full call volume is reached in 2008. Ms. Tobin explained the role cities in Santa Claza County play. Ms. Tobin noted that cities should participate in the design and operations process. The County and the 15 cities within it are invited to be the members of consortium and develop the finding strategy. Mayor Streit stated that the action item in regards to this issue was under the new business section of tonight's agenda . 1 C. INTRODUCTION OF NEWLY APPOINTED LIEUTENANT FOR THE SANTA CLARA SHERIFF'S DEPARTMENT -WEST VALLEY SUBSTATION STAFF RECOMMENDATION: Information only. John Hirokawa, Captain/SCC Sheriff s Deparhnent, noted that was recently appointed the new West Valley Substation Captain and introduced John Damiano newly appointed Lieutenant. Lieutenant Damiano stated that he looks forward to working with the Council, City Manager, and City staff. The City Council congratulated Captain Hirokawa and welcomed Lieutenant . Damiano. City Attorney Taylor stated that this evening the League of California Cities requested that the City consider adopting a resolution by January 22, 2003 urging the California Legislature to reject the Governor's proposed shift of local VLF revenues and to honor the 1998 commitment to restore the VLF. Because of the time deadline staff is requesting that the City Council place this action item on tonight's agenda as an urgency item. BOGOSIAN/KLINE MOVED TO PLACE THE ACTION ITEM ON TONIGHT'S AGENDA AS AN URGENCY ITEM. MOTION PASSED 4-0-0-1 WITH WALTONSMITH ABSENT. CONSENT CALENDAR 2A. APPROVAL OF CITY COUNCIL MINUTES -NOVEMBER 6, 2002 STAFF RECOMMENDATION: Approve minutes. Mayor Streit requested that Item 2A be removed form the Consent Calendar. Due to the fact that Vice Mayor Waltonsmith was absent, Mayor Streit noted that this item would have to be continued to the February 5, 2003 meeting. • 2B. APPROVAL OF CITY COUNCIL MINUTES -DECEMBER 10, 2002 STAFF RECOMMENDATION: Approve minutes. Mayor Streit requested that Item 2B be removed form the Consent Calendar. Due to the fact that Vice Mayor Waltonsmith was absent, Mayor Streit noted that this item would have to be continued to the February. 5, 2003 meeting. 2C. APPROVAL OF CITY COUNCIL. MINUTES -DECEMBER 26, 2002 STAFF RECOMMENDATION: Approve minutes. KLINE/BOGOSIAN MOVED TO APPROVE COUNCIL MINUTES OF DECEMBER 26, 2002. MOTION PASSED 4-0-0-1 WITH WALTONSMITH ABSENT. 2D. REVIEW OF CHECK REGISTER STAFF RECOMMENDATION: Approve check register. KLINEBOGOSIAN MOVED TO APPROVE THE CHECK REGISTER. MOTION PASSED 4-0-0-1 WITH WALTONSMITH ABSENT. 4 2E. PLANNING ACTION MINUTES -JANUARY 8, 2003 . STAFF RECOMMENDATION: Note and file. KLINE/BOGOSIAN MOVED TO NOTE AND FILE PLANNING ACTION MINUTES. MOTION PASSED 4-0-0-1 WITH WALTONSMITH ABSENT. 2F. ANNUAL APPROVAL OF THE CITY OF SARATOGA'S INVESTMENT POLICY STAFF RECOMMENDATION: Approve policy. KLINEBOGOSIAN MOVED TO APPROVE INVESTMENT POLICY. MOTION PASSED 4-0-0-1 WITH WALTONSMITH ABSENT. 2G. DISPOSAL OF SURPLUS INVENTORY/EQUIPMENT STAFF RECOMMENDATION: Approve disposal of surplus obsolete and retired equipment. KLINE/BOGOSIAN MOVED TO APPROVE DISPOSAL OF SURPLUS, • OBSOLETE AND RETIRED EQUIPMENT. MOTION PASSED 4-0-0-1 WITH WALTONSMITH ABSENT. 2H. CITY AND THE AMERICAN SOCIETY OF COMPOSERS, AUTHORS AND PUBLISHERS (ASCAP) FOR MUSIC PERFORMANCES STAFF RECOMMENDATION: Authorize City Manager to approve license agreement with ASCAP. KLINE/BOGOSIAN MOVED TO AUTHORIZE CITY MANAGER TO APPROVE LICENSE AGREEMENT WITH ASCAP. MOTION PASSED 4- 0-0-1 WITH WALTONSMITH ABSENT. 2I. COMMISSION ATTENDANCE RECORDS STAFF RECOMMENDATION: Informational only. KLINE/BOGOSIAN MOVED TO ACCEPT COMMISSION ATTENDANCE RECORDS. MOTION PASSED 4-0-0-1-WITH WALTONSMITH ABSENT. \J 5 2J. APPROVAL OF LOCAL JURISDICTION REVISED NOTICE TO APPEAR CITATIONS FOR MUNICIPAL CODE VIOLATIONS STAFF RECOMMENDATION: Adopt resolution. TITLE OF RESOLUTION: 03-001 RESOLUTION FO THE CITY COUNCIL APPROVING REVISIONS TO THE CITY OF SARATOGA NOTICE TO APPEAR CITATION KLINEBOGOSIAN MOVED TO ADOPT RESOLUTION APPROVING REVISIONS TO THE CITY OF SARATOGA NOTICE TO APPEAR CITATION. MOTION PASSED 4-0-0-1 WITH WALTONSMITH ABSENT. PUBLIC HEARINGS 3. RESOLUTION ORDERING THE ABATEMENT OF A PUBLIC NUISANCE BX REMOVAL OF HAZARDOUS VEGETATION STAFF RECOMMENDATION: Open public hearing; close public hearing; adopt resolution. TITLE OF RESOLUTION: 03-002 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA ORDERING ABATEMENT OF A PUBLIC NUISANCE BY REMOVAL OF HAZARDOUS VEGETATION Cathleen Boyer, City Clerk, presented staff report. City Clerk Boyer noted that the attached resolution represents the second step in Saratoga's hazardous vegetation abatement program administered by the County Fire Marshall. The County has sent owners of the parcels 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. City Clerk Boyer noted that a representative from the County Fire Marshall's Office was present this evening to answer any questions Councilrnembers may have on this topic, Mayor Streit opened the public hearing at 7:25 p.m. Alex Tennant, 14565 Chester Avenue, noted that he asking the City Council to delete his property from the County weed abatement program. Mr. Tennant noted that he feels that the County is ripping off the City. Mr. Tennant stated that the program gives a deadline of March 1S` in which weeds must be abatement or suffer the consequences. Mr. Tennant stated that date the County gives is ridiculous because of the varied weather in January and February. Mr. Tennant also pointed out that the letter that the County sends out does not mention the fact the 250% overhead would be • added to the cost to the abatement if the County has to perform the work. Mr. Tennant asked why the one letter the County sends out is not honest when presenting charges. Mr. Tennant stated that in his case the contractor charge to the County was. $332 and the County charged on his property taxes $806. Mr. Tennant encouraged the City Council to make the following changes to the program: • Change the deadline for abatement .date to a tazget for abatement date to a target for abetment date and make it approximately the end of April • Require that the letter explaining the program be forthright rather that deceptive about County charges. Tell people that they will be charged 2.5% times the cost of the abatement if the County has to have it done. • Make a real deadline for abatement the date given in the notice sent in the spring with perhaps two or three weeks to comply Judy Saunders, Assistant County Fire Marshall, stated that the County urges residents to call them with any questions or problems before the April 151 deadline. If residents call the County, they aze able to send an inspector to their property. Mayor Streit asked Assistant Fire Marshall. Saunders if the Council could remove Mr. Tennant from the abatement list. Assistant Fire Marshall Saunders responded that the County is the City's Contractor and it's within the Council's purview to remove Mr. Tennant from the County's abatement list. Councilmember King asked why that percentage was not included in the letter to homeowners. Assistant Fire Marshall stated that the County has never included the overhead chazges in the letter but if the Council feels it is necessary they would include those charges. Councilmember Kline suggested that the charges be in red and underlined. Councihnember Kline asked why the deadline is April lsc Assistant Fire Marshall Saunders responded that the County has certain deadlines in order to comply with the tax roll deadlines at Assessor's Office. Mayor Streit closed the public hearing at 8:40 p.m. Councilmember Kline stated that he does not support removing any property owner from the County's list, but would rather see the problem fixed. Councilmember Kline suggested that the County send out two letters and also include the overhead charges. 7 Mayor Streit suggested that staff review the contract with the County. KI.INE/K1NG MOVED TO ADOPT RESOLUTION ORDERING ABATEMENT OF A PUBLIC NUISANCE BY REMOVAL OF HAZARDOUS VEGETATION. MOTION PASSED 4-0-0-1 WITH WALTONSMITH ABSENT. 4. INTRODUCTION OF ORDINANCE ADOPTING AND AMENDING THE UNIFORM FIRE CODE STAFF RECOMMENDATION: Open public hearing; close public hearing; wave second reading; adopt ordinance. TITLE OF ORDINANCE: 217 AN ORDINANCE ADOPTING THE 2001 CALIFORNIA FIRE CODE AND THE 2000 UNIFORM FIRE CODE WITH MODIFICATIONS FOR LOCAL CONDITIONS Richard Taylor, City Attomey, presented staff report. City Attorney Taylor explained that on December 18, 2002 the City Council introduced an ordinance adopting and amending the 2001 California Fire Code. City Attorney noted that the notice of public hearing was advertised in the Saratoga News for two successive weeks. City Attorney Taylor noted that ordinarily a second reading would be placed on the consent calendar. However, where the City Council proposed to adopt a code by reference, section 50022.3 of the Government Code requires the City to conduct a public hearing no earlier that two weeks after the ordinance is introduced. City Attorney Taylor noted that staff is recommending that the Council conduct the public hearing, approve the motion to waive the second reading and adopt the ordinance. Mayor Streit opened the public hearing at 8:45 p.m. Mayor Streit closed the public hearing at 8:46 p.m. BOGOSIAN/KLINE MOVED TO WAIVE THE SECOND READING AND ADOPT ORDINANCE ADOPTING THE 2001 FIRE CODE AND THE UNIFORM FIRE CODE WITH MODIFICATIONS FOR LOCAL CONDITIONS. MOTION PASSED 4-0-0-1 WITH WALTONSMITH ABSENT. OLD BUSINESS 5. SARATOGA LIBRARY PROJECT UPDATE STAFF RECOMMENDATION: Accept report. Lorie Tinfow, Assistant City Manager, presented staff report. Assistant City Manager Tinfow reported that the substantial completion date continues to be February 28, 2003 and Gilbane and staff continue to review Thompson Pacific's requests for delay days. In regazds to PG&E testing issues related to the conduit between the new transformer and the new library building, Assistant City Manger Tinfow explained that the conduit was installed as part of Phase I but when tested for clearance by PG&E in November, did not pass. The problems were addressed by digging up and replacing the conduit. Assistant City Manager Tinfow explained a second problem with conduit that runs under Saratoga avenue between the transformer and the street pole also failed PG&E's test. Staff does not necessarily agree with PG&E's assignment of responsibility but given the critical nature of getting permanent power to the buildings as soon as possible, but staff is recommending that the City proceed to correct the problem. Assistant City Manager Tinfow stated that the Public Works staff would arrange for the following: • Dig a hole in the street at the obstructed location to determine what is causing the blockage. Fix the problem and have PG&E retest the conduit. • A second partial disconnected conduit also exists and to provide a backup option, staff will trench from it (roughly 30 feet) to the pole to create a backup conduit for future needs. In regards to Gen-Con Inc. bankruptcy, Assistant City Manager Tinfow stated that staff and Gilbane have submitted an updated statement of Phase I correction or completion tasks and corresponding costs to the Surety. To date the costs total $154,860. The City holds $119,303 in unreleased Phase I funds. Councihnember Bogosian asked when the new siding would start to blend in with the original part of the library. Assistant City Manager Tinfow responded that the humidity in the air is having an affect on the stain. When the weather is warm and dry the color should fad. Councilmember Kline asked for a realistic substantial completion date. Assistant City Manager Tinfow stated realistically mid March. The City has paid for one month extra on the portables for the temporary library. 9 Councilmember King asked how long it would take to move into the new library. Assistant City Manager Tinfow responded that it would take approximately 4-5 weeks to move in. Councilmember King asked if residents want to help with the grand opening celebration whom would they contact. Assistant City Manager Tinfow stated that anyone who wants to volunteer should call her. Councilmember Kline asked if there were any bricks left. Assistant City Manager Tinfow responded that there are bricks left at a cost of $250 per brick. Mayor Streit thanked Assistant City Manager Tinfow for her report. 6. BENCHES AND TRASH RECEPTACLES FOR SARATOGA LIBRARY PROJECT STAFF RECOMMENDATION: Accept report and direct staff accordingly. Lorie Tinfow, Assistant City Manager, presented staff report. Assistant City Manager Tinfow explained that six benches and two trash receptacles are included in the contract with Thompson pacific for the Saratoga Library project. Additional blenches were included in the fiuniture, fixtures and equipment budget (FF&E) that is separate from the bond funds. As the Library Expansion Committee Interiors Subcommittee reviewed the style selections for and numbers of each bench specified, they determined that some of the benches included in the budget were actually fixed and therefore eligible to be paid with bond funds. In additional, they discovered an alternate bench design that was preferred.. The Subcommittee members brought their proposal for a total of 12 benches in the new style plus 2 matching trash receptacles to the Full Library Expansion Commission in July 2002 and to the City Council in September 2002, At that time the City Council asked that the request be revised closer to the end of the project to .allow other needs to be identified. In addition Councilmembers raised questions about the installation and sturdiness of the new Arcata bench design. Staff has since leazned that the preferred installation method is to attach the Arcata bench to concrete after the concrete is poured and cured. The manufacturer has also confirmed that the pedestal design is as sturdy and longwearing as a bench with four legs. 10 Assistant City Manager Tinfow explained four alternatives Council could consider: 1. Maintain the bench and trash receptacle choices as is 2. Allow six additional original style benches to be transferred to the bond budget at an additional cost of about $4385 plus shipping estimated at $500 3. Allow the new style to be substituted for the six already in the contract at an additional cost of about $6,420 plus shipping estimated at $1,000 4. Allow the substitution of the new bench style for a total of 12 benches with 2 matching trash receptacles at an additional cost of $19,777 Mayor Streit stated that the two styles of benches have no functional differences, except for aesthetics reasons. Assistant City Manager Tinfow agreed with Mayor Streit. Councihnember King asked where the benches were being placed. Assistant City Manager Tinfow explained that a few benches were going to be placed in the cafe patio, in the community room, all along the landscaping, and at least two in the foyer. Councilmember Kline noted that he completely supports the new style of benches pointing out that the original style of the benches were not amactive. Councilmember Bogosian noted that he supports the new style benches and trash receptacles. Mayor Streit noted that he is not willing to spend the extra money to purchase the new style o0f benches for aesthetics reason only. KLINE/BOGOSIAN MOVED TO APPROVE THE SUBSTITUTION OF THE NEW BENCH STYLE FOR A TOTAL OF 12 BENCHES WITH TWO MATCHING TRASH RECEPTACLES AT AN ADDITIONAL COST OF $19.777. MOTION PASSED 3-1-0-1 WITH STREIT OPPOSING AND WALTONSMITH ABSENT. NEW BUSINESS 211 IMPLEMENTATION AND REFERRAL PHONE NUMBER TO SERVE SANTA CLARA COUNTY RESIDENTS AND VISITORS STAFF RECOMMENDATION: Adopt resolution. TITLE OF RESOLUTION: 03-003 RESOLUTION OF THE CITY COUNCIL DECLARING SUPPORT OF CREATING A 2-1-1 INFORMATION AND REFERRAL PHONE NUMBER TO SERVE SANTA CLARA COUNTY RESIDENTS AND VISITORS 11 Cathleen Boyer, City Clerk, presented staff report. City Clerk Boyer noted that the Silicon Valley 2-1-1 Project is seeking the advice, cooperation and support of Santa Clara County and all 15 cities in the County, to bring this 2-1-1 project to all county residents. City Clerk Boyer noted that the citizens of Santa Clara County have organized a yearlong effort under the United Way Silicon Valley's leadership to plan and implement this program in Santa Clara County by January 1, 2004. City Clerk Boyer noted that 211 is the three-digit phone number designated by Federal Communication Commission (FCC) to be exclusively used for providing information & referral for health and human services. City Clerk Boyer noted that the Implementation Team is seeking a resolution of support from city and county governments. They believe that your "support in concept" of the project will be an important factor in building consensus. BOGOSIAN/I~ING MOVED TO ADOPT RESOLUTION SUPPORTING THE CREATION OF THE 2-I-1 PHONE SYSTEM. MOTION PASSED 4-0-0-1 WITH WALTONSMITH ABSENT. 8. FISCAL YEAR 2003-04 BUDGET DEVELOPMENT PROCESS STAFF RECOMMENDATION: Informational only. Jesse Baloca, Administrative Services Director, presented staff report. Director Baloca explained the proposed calendar for the preparation of the 2003- 2004 Operating Budget. Under the proposed timeline, City Council would receive the final draft budget document for their May 7, 2003 meeting. Director Baloca noted that on May 7, 2003 the Council would review the following: • Format of the budget • The assumptions which were used to develop the budget • Summary information • Revenue sources • Draft SEA and MOU agreements and provide direction for future adoption and preparation of the final budget Director Baloca noted that the Council would conduct a second budget workshop on May 21, 2003 focusing on a detailed and thorough review of program expenditures. The public hearing and adoption of the final budget document is scheduled for June 4, 2003. Mayor Streit thanked Director Baloca for his report. 12 9. DATA TICKET SERVICES STAFF RECOMMENDATION: Authorize City Manager to sign the attached Amendment to our existing contract. Lorie Tinfow, Assistant City Manager, presented staff report. Assistant City Manager Tinfow explained that in 1997 the City entered into an agreement with Data Ticket for Code Enforcement ciation management services. The range of services did not include web-based payment and information access options nor collection and deposit funds. Currently, City accounting staff oversees collection and processing of citation payments, and residents do north have the option ofpaying online. Assistant Cit Manager Tinfow noted that staff was recommending that Council authorize the City Manager to sign and amendment to the existing contract with Data Ticket to add services at an additional cost of $50.00 per month plus banking fees. KLINE/KING MOVED TO AUTHORIZE CITY MANAGER TO SIGN AMENDED CONTRACT. MOTION PASSED 4-0-0-1 WITH WALTONSMITH ABSENT. 10. VLF -RESOLUTION OF SUPPORT -URGENCY ITEM STAFF RECOMMENDATION: Authorize Mayor to sign letter of support and adopt resolution. TITLE OF RESOLUTION: 03-004 RESOLUTION OF THE CITY COUNCIL URGING THE CALIFORNIA LEGISLATURE TO REJECT THE GOVERNOR'S PROPOSED SHIFT OF LOCAL VLF REVENUES AND TO HONOR THE 1998 COMMITMENT TO RESTORE THE VLF City Manager Anderson explained that this afternoon the City received a message from the League of California Cities requesting the cities adopt the proposed resolution urging the California Legislature to reject the Governor's proposed shift of local VLF revenues and to honor the 1998 commitment to resort the VLF. City Manager Anderson noted that the League has requested that cities adopt the resolution no later than January 21, 2003. BOGOSIAN/KL1NE MOVED TO AUTHORIZE MAYOR TO SIGN LETTER OF SUPPORT AND ADOPT RESOLUTION. MOTION PASSED 4-0-0-1 . WITH WALTONSMITH ABSENT. 13 COMMISSION ASSIGNMENT REPORTS • Mayor Streit reported the following information: Finance Commission - almost finished the new Matrix and aze preparing to start on the 2003-2004 budget. Heritaee Preservation Commission -preparing for the Mustard Wallc on February 9, 2003. Councilmember King reported the following information: Public Safety Commission -noted that both County Fire and Saratoga Fire District were present, Youth Commission -noted that she was very impressed on how the Commission ran their meeting. Sister City -visitor from Muko, Japan would be arriving in Saratoga in the end of February. Councilmember Kline noted that there are four opening on the Planning Commission and if anyone was interested to contact the City Clerk.. Councilmember Bogosian had no reportable information. CITY COUNCIL ITEMS Councilmember Bogosian noted that in December 2002 the Council received a letter from Dr. Stutzman dealing with false alarms. Councilmember Bogosian requested that the cost$ associated with false alarms be placed on a future agenda for discussion. Consensus of the City Council to support Councilmember Bogosian's request. OTHER None CITY MANAGER'S REPORT City Manager Anderson noted that he received a notice from the Chamber of Commerce that they have relocated to a new home in the Village. ADJOURNMENT There be no further business Mayor Streit adjourned the meeting at 8:20 p.m. Respectfully submitted, Cathleen Boyer, CMC City Clerk 14 f SARA,TOGA CITY COUNCIL /~ MEETING DATE: February 5, 2003 AGENDA ITEM: ORIGINATING DEPT: Administrative Services CITY MANAGER: ~ ~G~-~- PREPARED BY DEPT HEAD: SUBJECT; Check Register: l/23/03 RECOMMENDED ACTION(S): .Approve the Check Register. REPORT SUMMARY: Attached is the Check Register. FISCAL IMPACTS: S None CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): None ALTERNATIVE ACTION(S): None FOLLOW. UP ACTION(S): None ADVERTISING, NOTICING AND PU$LIC CONTACT: None .ATTACHMENTS: Check Register Certification. Fund# Fund Name Date Manual Void Total 1123/2003 Checks Checks AP CHECKS A91512-91667 1 GENERAL 425,235.52 9,845.24 100 COPS-SLESF 1,006.74 110 Traffic Safety 150 Streets & Roads 34,270.27 160 Transit Dev 170 Hillside Repair 180 LLA Districts 7,592.06 250 Dev Services 21,231.41 260 Environmental 7,733.32 750.37 270 Housing & Comm 11,378.25 290 Recreation 9,246.60 291 Teen Services 970.96 292 Facility Ops 1,162.38 293 Theatre Surcharge 300 State Park 310 Park Develpmt. 320 Library Expansion 396,827.35 555,349.00. 351 Public Safety 5,460.13 352 Infrastructure 9,270.16 353 Facility 350.00 354 Park and Trail 10,421.64 2,772.42 400 Library Debt 410 Civic Cntr COP 420 Leonard Creek 270.57 700 Quarry Creek 710 Heritage Prsvn 720 Cable TV 730 PD #2 740 PD #3 316.09 800 Deposit Agency 6,475:00 810 Deferred Comp 830 Payroll Agency 990 SPFA Subtotal 949,218.45 568,717.03 PAYROLL CHECKS: 628790-28819 TOTAL Nreparea oy: uace: t "'"'' Approved by: O O O O O < I n g q o o o o o o o o a o m ' bb L O N w N 0 Y i-• ~ Y Y Y bbb ANO m a Z ``gy~' n ' Z<C ~ 00 OVI ,D 0 N,O N O ,ONT Jll~ N NO AN K bq ' D ~ N ~ 0 N N A N m T O O N N A N J W W O O Y O A J M 2 I Q N Y n , V I m Y aD \ a \ W •n N V I J •n W a N 'W a J 0 q~ W o ~pb0 W m D a mz ~ n ~ br r b b n m~N Y Nb b ~r~ ~ N W~ m N £ m ~ n r m H m H m r m r z y<y 2 n Z N Z m 2, H W N M P H H tl O O H HH ~ o pA i Ob r~ 0 t •] yy b 0 0 y [' O C ff o 00 00 otl o~ 00[ 0 ~ ~f 000 0 y G Z w y 0 o C o on ~3 ory oN WW ob 0 oo n o0 W,q C3~ 3 W L) ~f e a Z Y X M A W K 4 W p Y A AfU o A ~ Zn VI ~ C IoM q A [t" ~n m N p~ Y„ Yz w• A ~ob W N 2 ~n5 N ~O2 J N VI 4 ~oN a ~ ox 2 A r m W m M N M w Y n m O O E p 1 w C O J Lry N H m X H H H m N ' a H a H O o K ,q ,q ,b ,b oo O o00 or b b Y , ro q ~ 2 m N H H mm N~m AK 2 o n p r ry m r0O N O 0 1 •,a NN NJN m q m m 41 N r o o 0 o O o o Y C o 0 o O o~ L ~ Z ~ ~ ~ ~ ~~ ~ i \ N \ \ \ \ N \ b Z m m N N m m K m N r r Y Z ~ £ r Y \ N m Y I • 0~ d O n q \ \ \ N u ~ \\ \ \\\ \ \ H m N N o N 0 N N O NON o N N 00 0 N 0 N O om ~ H\ m0 N w 0 p w ° 0 0 ° o b C w w w w w w ~ .~ w w W w ~ ,~ „' m n a 0 N W O O N 00 p00 O 00 O Ss O Y Y O o i ~ w ~ n o i°.i ° o . mm o ° I ° ' °z 0 m N A O N 00 U O H A Ut N N A N VI VI Ut A N W Y A Y w Y [~ N N N O N W NNN N ~( A P N W W ,C A a M O O o O O A OO O 000 O b ' 1 ' i) O l 0 o w V~ 0 Y O o 0 O N N Y o 0 o Y Y p y qC n N p X O tl n 4q H m mN m b •• m y y 3q N O b b M m 22 rrr N ~nY Nb ~ m N < m < ro < O < < 5 < 2 < m < N < < pp0 < < ~ b3 N< O C C b ~ d ~ O b O O y C y ~C b b y O[' 2 x = 5 tl b qqq O O w ~ O W O 0 0 O tl O O O w O d O tnn O H O 3• O O r ' 2 r N A N 4~ N N b N p N A C H N m N m N N m H Z m ~o ~ b m M N Z N H fn H N H a H H q H H m H m H H m H H H tq'1 ~ M H H o p tl H ~ H H w H H H y H A H H H r y [' ± M b' » b+ C : O r r r u r r y r r ' y b H G b t 0 i ~ [ H K . o n . » » t~i~ 3 r S Y H c r m x W W A q pl N N AY N 3p N J J N A W Y b N b Y Y N P r O" M O A A Y Y A A N O O J 1n N A O A O N N q rj ~ 0 W m m A O m 1n N N O N O J J O ' b O O O 0 W VI l~ q T ,p V O O N J N J J O O O O J J O O [p ]~ 3 b b b H 4l N N y C M tl ~ ~ Y 0 Y Y N n x Z O A 0 b 0 0 0 0 0 0 0 0 <~nroq 0 0 0 o Ym~~AA A O Y O N O Y O YO O Y O Y O Y O Y O Y O J O O O O O z2y~ H O m N Y N N O O O O O 00 ~ O Y O 00 00 O O d Y O W W M 1 T• < V~ K 4]!0 o b N J Y O O O N O O O N O N b b N ~ O O Z O 'TM J p~ A N O Y O P O m O O O \ O b O N O ~ O O O N N N \ W W N O N N P N O N N N Y O Y O W n O~ q m N W W N N O O N m b N N~00 ~ m n wm m m m m mmy m m y Jb PNOb <m i'bO W\ M q 2 ~ M K 5 A ~ H mH NwNY ~~bgrn\i~ z ~ m b -~ Y Y ,ro Z ]m <Z i o o- o m O O O Z O 00 N O m O o O Oo O O yy W oq o4 m off wA ob on o• o 0o C2~ do ~Y ebb wm Yaf O Yb AO W~ N w AAw3 ~Znm~ n SOY Y mm r N e n ~c ooeo ~ ox Y wo W~ ~z W m ~n b mr a Y .cm m o.YYC m w N y' K' m K W N O n D N ry A W d 01 Z A .. ;o r r N Hb ~o n n m mZ ~ Zro o. 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ZN'I e0 W NQ~ Frvr N FO Uc ~WU L~ ££a ~a WO t~ao N q aoo go Woo ao ao X40 a0 ;o0 3o Woo o oo wo q > ~ F O O Q W \m~~0 rv m F ~ Z F m F W W W D £ F a q q a s oua~ m ON W~ Q m N M 1+1 D w Wm m g wi OU O~e'i mmP CVI Orp WT M\\ VIC 4 g 0 ~ Z m V N V ° ma q a U a c m r r .u .a .v 00 a [1 N C O > Z~ > O W N V~ N N 0 N o N\~ O~ N W WO„~Z oW o M o.~. 0 w m o 0 orv Wa im o o o o o 0 a a u ~> ~ o o. o o ' SARATOGA CITY.COUNCIL MEETING DATE: February 5, 2003 AGENDA ITEM: DEPT: Community Development CITY MANAGER: ~~~ PREPARED BY: Kristin Borel DEPT HEAD: SUBJECT: Planning Commission Actions, January 22, 2003 RECOMMENDED ACTION(S): Note and file. REPORT SUMMARY: Attached are the Planning Commission Action Minutes of January 22, 2003 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 1 V CITY OP SARATOGA PLANNING COMMISSION ACTION MINUTES DATE: Wednesday, January 22, 2003 - 7:00 p.m. PLACE: Council Chambers/Civic Ilreater,13777 Fruitvale Avenue, Saratoga, CA TYPE: Regular Meeting ROLL CALL' Commissioners Barry, Garakani, Hunter, Kurasch; Roupe, Zutshi and Chair Jaclunan Absent: Cormnissioner Zutshi Staff: Planners Oosterhous &c Vasudevan; Duector Sullivan and Minutes Clerk Shinn PLEDGE OF ALLEGIANCE.. MINUTES: Draft Minutes from Regular Planning Commission Meeting of January 8, 2003. ORAL COMMUNICATIONS -Any member of the Public will be allowed to address the Planning Commission for up to three minutes on matters not on this agenda The law generally prohibits the Planning Commission from discussing or taking action on such items. However, the Planning Commissionmay instructstaffaccordingly regardingOral Communications underPlanningCommissiondirection toStaff. REPORT OF POSTING AGENDA Pursuant to Government Code 54954.2, the agenda for this;meeting was properly posted on January 16, 2003. 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 appeaz and be heazd at the above time and place. If you challenge a decision of the Planning Commission pursuant to a public hearing in court, you may be limited to raising only those issues you or .someone else raised at the .public hearing(s) described in .this agenda, or in written. correspondence delivered to the Saratoga Planning Commission at, or prior to, the public heazing. In order to be induded in the Planning Commission's information packets, written communication should be filed on or before the Monday, a week before the meeting. 1. APPLICATION #02-192 (503-24-064) -LEE, .14493 Big Basin Way (Saratoga Cleaners); - Request for Design Review Approval to construct an addition of an 875 square foot commercial tenant space at the street level and an addition of a 1,476 square foot apartment to the second floor level of an existing structure located in xhe CH-1 zone. The existing 3,224 square foot structure consists of a service establishment at the street level and two apartment units at the second floor. This project was reviewed by the Historic Preservation Commission on 11/12/02. The 4,277 square foot site is located in Parking District No. 3. (VASUDEVAN) (APPROVED TO CONTINUE 6-0 TO FEBRUARY 26, 2003, AND HOLD A STUDY SESSION ON FEBRUARY 12, 2003 AT 5:00 PM ) 2. APPLICATION #02-219 (503-29-127) - MOORE, 20700 Saratoga Hills Road; -Request for Design Review Approval to demolish an existing one-story residence and to construct atwo-story single-family residence. The project also includes the construction of a pool house, basement, and three-car garage. Both the pool house and garage are attached to the main residence via a common roof. The total floor area on the site is 6,520. The maximum height of the proposed residence is 26 feet. The lot_size is approximately 98,010 square feet and the site is zoned R-1-40,000. (OOSTERHOUS) (APPROVED 6-0 WITH ADDED CONDITIONS) DIRECTORS ITEM COMMISSION ITEMS Commissioner's sub-committee reports COMMUNICATIONS WRITTEN - City Council Minutes from Regular Meetings on November 6, 2002, December 10, 2002, and December 26, 2002 ADJOURNMENT AT 9:'FO PM TO THE NEXT MEETING - Wednesday, February 12, 2003, at 5:00 p.m. in the Planning Conference Room for Study Session 13777 Fruitvale Avenue, Saratoga, CA If you would like to receive the Agenda's via e-mail, please send your e-mail address to plannin @saratoga.ca.us r SARATOGA CITY COUNCIL MEETING DATE: February 5, 2003 AGENDA ITEM: ORIGINATING DEPT: Community Development CITY MANAGER: O PREPARED BY: Thomas Sullivan, AICP DEPT HEAD: SUBJECT:. AMENDMENTS TO SECOND DWELLING UNIT ORDINANCE RECOMMENDED ACTION: Following the Public Hearing, adopt the: Negative Declaration- of Environmental Impact, Introduce the Ordinance, waiving first reading and direct. Staff to place the matter on the Consent Calendar for the February 19, 2003 City Council meeting. REPORT SUMMARY: The City of Saratoga recently adopted a new Housing Element of the General Plan. One of the This past legislative session, AB-1866 was passed and the Governor has signed the measure into law. In brief, this bill requires local governments to use a ministerial process for approving second housing units and prohibits them from applying any development standard that would have the effect of precluding an affordable housing development from receiving a density bonus and concessions. This legislation also set the maximum allowable size of a second dwelling unit at 1,200 square feet. We will not be able to require Second Dwelling Unit applications to be subjected to a Use. Permit. However, we can establish development standards that provide protection to neighborhoods as long as-they do not, in and of themselves, preclude second dwelling units. We can also establish "incentives" so that the second dwelling units can be deed restricted in a manner that provides that if they are rented that they will be rented to a very low or low income family unit. The proposed Ordinance amendment addresses both new second dwelling units as well as existing second dwelling units. "Programs" contained in the new element is Second Dwelling Units. Program 1.1 of the Housing Element calls for the City to adopt a revised set of regulations governing the development of second dwellings units on lots zoned for single-family dwellings The Housing Elemerit also .includes Program 4.2 -Amnesty Program for Existing Second Dwelling. Units. The .same ordinance revisions address this Housing Program also: During the City Council Public Hearings for the. Basement Ordinance amendments, the issue of second dwelling units having basements azose. As I recall, it was an issue of total area of the second dwelling and whether the area of the basement would count as part of the total square footage of the second dwelling unit. Yes, it would count as part of the maximum 1,200 square feet.. This is different than not counting he area as part of the maximum floor area of the property's total improvements. Please see section 15-56:030 (c). The information contains the existing language and proposed new language.' Old language to be removed is shown with "s~lzgl3n and new language is shown in Bold Italics. If no changes. are proposed to existing language the font is shown without any special treatment. The proposed ordinance amendments, which will implement the two Housing Programs, follow: 15-56.010 Puzpose. The purpose of this Chapter is to authorize the establishment ofsecondary dwelling units in single-family districts to comply with state law and to help achieve thegoals and policies of the Housing Element of the Saratoga General Plana Controlled construction of secondary living units will promote a stable heterogeneous community with a balanced social and economic mix. ___.___________~ ____________ ___ ~_. ___r___.___. ____ ___ __ ______~ ~.. ___o _____ _: ~__ _____~ _~ i e 15-56.025 One second unit per site. Only one-second unit shall be permitted on any one site. 15-56.030. Development standards. Except as otherwise provided in Section 15-56.110, each newsecond dwellingunit shall comply with all of the following development standards b°r~-° ~ °'-° ~ ~°a: (a) Lot size. If the newsecond dwellingunit is attached to the main dwelling, the net site area of the lot upon which the second unit is located shall not be less than the minimum standard prescribed for the district applicable to such lot;: .,:a,.,a w,.,,,,,..,,_ ;r .i.„ i,.. ;:. i,.,.,....a , ;.~,;.. 2 of 9 i + t. (c) Unit size. The new second dwelling unit shall be at least four hundred square feet and shall not exceed e twelve hundred square feet o~, not including the garage. If a second dwelling unit has a basement, the area of the basement is included as part of the total maximum allowed. (d) Building codes. The new second dwelling unit shall comply with applicable building, health and fire codes. (e) Zoning regulations. The new second dwelling unit shall comply with applicable zoning regulations (including, but not limited to, required setbacks, coverage, height limits and design review). ?~?o-~;~c_.....:ec cf:.,~l b° .., ed fc. .... „~..,, .d .,..., b, ..,,, u. A one-time _b. ~`r' 10% increase in site coverage and allowable floor area may be granted by the Community Development Director if the new second dwelling unit is deed restricted so that it may only be rented to belowmarket rate households. (f) Parking. A minimum of one off-street covered parking space within a garage shall be provided for the new second dwellingunit in addition to the off-street covered parking spaces required for the main dwelling. The garage requirement may be waived if the new second dwelling unit is deed restricted so that it may only be rented to below market rate households. If thegarage requirement is waived, an open parking space must be provided. • (g) Sewer. The new second dwelling unit shall be ~ connected to the sanitary sewer system. (h) Access. The newsecond dwellingunit shall be served by the same driveway access to the street as the existing main dwelling. (i) Common entrance. If the newsecond dwellingunit is attached to the main dwelling, both the new second dwelling unit and the main dwelling must be served by either a common entrance or a separate entrance to the newsecond dwellingunit must be located on the side or at the rear of the main dwelling. (j) Limitations on number of bedrooms. A new second dwelling unit may not have more than two bedrooms. (f) Appearance. All new construction to create a secondary living unit must match the existingmain strvctvrein color, materials and architectural design. ............ u... ~..u~......~ ,,. ..H ..~ .~ .,,11:,,.. ,. .1,.... ..,] , ..1,,.17 1.,, rl,,, ..1..,... Y Y+ .. ""iusv~ia- 3 of 9 ,' 15-56.0540 Inspections. (a) Where the application is for legalization of an existing second dwellingunit or approval of a proposed unit to be attached to the main dwelling, r~== ~^ ~'•° L.•r.'?^'•^-_a„o ^r ~'•^ ••~° r^•°-~_'~, an inspection of the property shall be conducted to determine that the existing second dwelling unit, and any main dwelling to which a second dwelling unit will be attached by a common wall, will comply with all applicable building, health, fire and zoning codes. T~f-a~~.~s ~'~^-~~~^~ •^^-'•'~ ^ ~'°~°-'. Such inspections shallbe performedby the City or by an independent contractor retained by the City for such purpose, and the applicant thereof shall pay the cost. (b) Each existing second dwelling unit and a main dwelling, to which a second dwellingunit will be attached by a common wall, shall be reviewed by the Fire Marshall or his designated representative. - ~~ ~'~^ ~••'-'~^'~~~~~'- G^- ~'•^ ••^° ~°-~~'~ Any recommendations by the Fire Marshall shall be a condition for the granting of a ~t building permit. Such recommendations may include the connection of the second dwelling unit to an existing or proposed early warning fire alarm system installed in the main dwelling. (c) The inspections to be conducted pursuant to this Section shall not constitute an assumption by the City, or by anyone acting in its behalf, of any liability with respect to the physical condition of the property. , ~'•°" ~'~° ~ °f ° ~'' • 4of9 ,,.,1,1., «..., FR,. ,. .,.-1 : ~ i r r > „b' + Y „b \ ~+ 5 of 9 ..... ~ , y ,..~ , Y~., , .,tea :., c,,,.«;,.., iG c~ nnn. ,. tea. /..\ n,...,. ,.F «1,,. R,,.7 :...... .. .....7 , ,,,7,-.... ,.,,1-,..,...«; ,. /1..\ ,... /,.\ „F c.,,..:,,., 1G C~ non ,. ~araa~ ' G'~9 IS-56.OSOLegalization of existing second dwellingunits. (a) Purpose of Section. It is in the public interest that all residents of the City live in safe, sanitary housing conditions. Second dwellingunits currently exist which were created prior to the adoption of this Article. In order to encourage the legitimating of such dwelZingunits under the law, the owners of property on which second dwelling units are located should be encouraged to legalize such dwelling units provided the dwellingunits are determined to be both safe and sanitary for continued human occupancy. Conversely, if existing second dwelling units are not safe and sanitary for continued human occupancy, the City has the responsibility to either ensure they are made both safe and sanitary or their use for human occupancy is discontinued. The purpose of this Section is to establish special procedures and standards for legalization of existing second dwellingunits that are or can be made fit for human occupancy. (b) Scope of Section. This Section shall apply only to second dwelling units established prior to _ _, 2003 _^_~•o= ~~~-Q,'_^Qn. within a structure for which a building permit was issued, or otherwise was lawfully constructed, and which complied with any applicable zoning or development standards in force at the time of construction. Any second unit established from and after _ ,, 2003 Est-~1~4, shall be deemed a new dwellingunit subject to the remaining provisions of this Article. ~''~ U 6of9 (c) Contents of Application. Application ~i to legalize an existing second dwellingunit shall be filed with the Community Development Director on such form as shall be prescribed. In lieu of the items described in Section 15-55.040 of this Chapter, the application shall be accompanied by the following: (1) A vicinity map showing the location of the site. (2) An accurate scale drawing showing the location of all structures, trees, landscaping and off- streetparking spaces on the site. (3) Inspection reports by an .independent contractor and the Fire Marshall, as required under Section 15-56.050 of this Article. (4) A preliminary title report covering the site, or other evidence showing the applicant to be the owner of the nroperty. Sx~r'rr ., 1.,,,..., .. „r,.l ., « 1..,«. rl... ,...... .1 1. ,. ..1...11 1.,, .~.... •.7 .7 s ~p~ ~. aa3~ (~ (S) If the site is a hillside lot, either or both of the following documents shall be furnished if requested by the Community Development Director: (i) A topographic map of the site showing contours at intervals of not are than five feet; and/or (ii) A geologic report on the site prepared by a certified engineering geologist or a registered civil engineer qualified in soil mechanics. (-fi) (6) If the existing second dwel7ingunit is served by a septic system, a description thereof together with a drawing showing the location of the septic tank and leach field on the site. 7 of 9 (f) Standards. Existing second dwellingunits shall comply with the following standards:. (I) Where the existingsecond dwellingunit is located upon a hillside lot, the applicant shall demonstrate, to the satisfaction of the Community Development Director that the existing second dwelling unit is not subject to actual or potential damage from landslide, earth movement or other geologic hazard. (2) In lieu of compliance with the Uniform Building Code, the existingsecond dwelling unit shall comply with the Uniform Housing Code as .adopted by the City and shall otherwise comply with applicable health and fire codes. (3) Provided that not less than three off-street parking spaces are available on the site, the requirement of a covered parking space for the existingsecond dwellingunit may be waived if there is no feasible location on the site for either a garage or carport. In such event, the parking space for the existing second dwelling unit shall be screened from view from the street, if possible; otherwise, the driveway on the site may be utilized as a parking space for the existing second dwellingunit. (4) Where the existingsecond dwellingunit is served by a septic tank, the septic system shall be inspected and approved by the County Health Department. In addition, the applicant shall execute and record a deferred improvement agreement wherein the applicant and his successors will be obligated to connect the existing second dwelling unit, and the main dwelling if also served by a septic system, to a sanitary sewer whenever the same becomes available and to pay his proportionate share of the installation cost. ,......., ... .... ,.. r...,...~~~.,...,. ,..« r......,,~., .,~ .,...,.b,,,,,...,, ..,, ,, ~..,. ~,..,.. ,....u...,y ~..Hy ..~ (6) The existing second dwelling unit shall comply with such other standards, which in the judgment of the Community Development Director are necessary or appropriate to mitigate adverse impacts on adjacent properties. ,.;.7., ..F ,.,7;.. (h) Disqualified existing units. Any existing second dwelling unit established prior to _, 2003~~1g84 which does not qualify for legalization under this Section by reason of not having been lawfully constructed, shall be deemed a new second dwellingunit subject to the remaining provisions of this Article, except as follows; ln3it: {~ (1) The existing second dwelling unit shall comply with the standards set forth in subsection (f) of this Section. 8 of 9 ~3) (2) The existing second dwellingunit shall comply with current zoning regulations, unless a variance is granted pursuant to Article 15-70 of this Chapter. (i) Burden of proof. Wherever in this Section the legalization of an existing second dwelling unit or the occupancy thereof depends upon the establishment of any event occurring on or before a specified date, the burden of proof shall be upon the applicant. FISCAL IMPACTS: None CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: AB-1866 will take effect with no "development standards° in place. ALTERNATIVE ACTION: Add or delete various development standards. FOLLOW UP ACTION: Place the matter on the February 19, 2003, Consent Calendar for Seconds Reading and adoption. ADVERTISING, NOTICING AND PUBLIC CONTACT: This item was advertised in the Saratoga News on January 15, 2003, the Public Hearing Notice was posted on January 15, 2003 and the agenda for this item was duly posted on January 30, 2003. ATTACHMENTS: 1. Initial Study 2. Resolution adopting Negative Declaration 3. Draft City Council Ordinance 9of9 ATTACHMENT 1 ~ CITY OF SARATOGA INITIAL STUDY 1. Project Title: SECOND DWELLING UNIT AMENDMENT-Application#02-172 2. Lead Agency Name & Address: City of Saratoga, Community Development Department 13777 Fruitvale Avenue, Saratoga, CA 95070 3. Contact Person & Phone # Thomas Sullivan, AICP, 408.868.1222 4. Project Location ALL R-1 ZONES -CITYWIDE 5. Project Sponsor's Name & Address: City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 6. General Plan Designation: N/A 7. Zoning: N/A 8. Description of Project: (Describe the whole action involved, including but not limited to later phases of the project, and any secondary, support, or off-site features necessary for its implementation. Attach additional sheets if necessary.) •The proposed project is the updating and re-writing of Article 15-56 of the Saratoga Code. Article 15-56 is the Second Dwelling Unit Regulations for the City of Saratoga. The proposed Zoning Ordinance Amendment would streamline the regulatory requirements related to the approval of new second dwelling units. The Amendment would also implement Housing Element Program 1.1 -ZONING CODE CHANGES FOR SECOND UNITS. Additionally, the proposed amendments will implement Assemble Bill 1886 passed during the 2002 legislative session and signed into law by Governor Davis. The proposed amendments establish development standards to measure appropriateness of the second dwelling unit. These development standards are yes/no questions; they are not intended to provide discretionary evaluations. 9. Surrounding land uses and setting: (Briefly describe the project's surroundings.) N/A 10. Other agencies whose approval is required (e.g., permits, financing approval, or participation agreement): No other agencies are involved ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "POTENTIALLY SIGNIFICANT IMPACT" as indicated by the checklist on the fallowing pages. ^ Aesthetics ^ Biological Resources ^ Hazards & Hazardous.Materials ^ Mineral Resources ^ Public Services ^ Utilities/Service Systems ^ Agriculture Resources ^ Air Quality ^ Cultural Resources ^ Geology/Soils O HydrologyNJater Quality Land Use/Planning ^ Noise Population/Housing ^ Recreation ^ Transportation(rraffic ^ Mandatory Findings of Significance C~ DETERMINATION: ' On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION X will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposal MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. Signature Thomas Sullivan, AICP, Director Printed Name Date Community Development Department, City of Saratoga For EVALUATION OF ENVIRONMENTAL IMPACTS: . 1. A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "NO Impact" question is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g„ the project falls outside a fault rupture zone). A "NO Impact" answer should be explained where it is based on project-specific factors as well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on a project-specific screening analysis). 2. All answers must take account of the whole action involvetl, including off-site as well as on-site, cumulative as well as project-level, indirect as well as direct, and construction as well as operations impacts. 3. Once the lead agency has determined that a particular physical impact may occur, and then the checklist answers must indicate whether the impact is potentially significant, less than signifcent with mitigation, or less than significant. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect maybe signifcant. If there are one or more "Potentially Signifcant Impact" entries when the determination is made, an EIR is required. 4. "Negative Declaration: Less Than Signifcentwith Mitigallon Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less than Significant Impact " The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section XVII, "Earlier Analyses", maybe cross-referenced.) 5. Earlier analyses maybe used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c) (3) (D). In this case, a brief discussion should identity the tollowing: a) Earlier Analysis Used. Identify and state where they are available for review. b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an eadier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. - . C) Mitigation Measures. For effects that are "Less than Significant with Mitigation Measures Incorporated," describe the mitigation measures, which were incorporated or ref ned from the earlier document and the extent to which they address site-specific conditions for the project. 6. Lead agencies are encouraged to incorporate info the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previous prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7. Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion 6. The explanation of each issue should identify: a) The significance criteria or threshold, if any, used to evaluate each question; and b) The mitigation measure identified, if any, to reduce the impact too less than significance. Less Than Significant Potentially With Less Than Issues (and Supporting Information Services): Significant Mitigation Significant Impact Incorporated Impact No Impact. I. AESTHETICS. Would the project: a) Have a substantial adverse effect on a scenic vista? b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a scenic highway? a) Substantially degrade the existing visual character or quality of the site and its surroundings? d) Create a new source of substantial light or glare, which would adversely affect day or nighttime views in the area? X X X X Discussion of Aesthetics Impacts: There will not be any negative aesthetic impacts from the adoption of the ordinance amendment. Source: Development Standards included in the proposed ordinance. II. AGRICULTURE RESOURCES: In determining whether impacts to agricultural resources are significant environmental effects, lead agencies my refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? c) Involve other changes in the existing environment, which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use? X X X Discussion of Agriculture Resources Impacts: The proposed Ordinance Amendment affects R-1 Zoned areas, not agricultural land. Source: Zoning Map and Ordinance III. AIR QUALITY: Where available, the significance criteria established by the Bay Area Air Quality Management District maybe relied upon to make the following determinations. Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? b) Violate any air quality standard dr contribute substantially to an existing or projected air quality violation? c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? X X X Less Than Significant Potentially With Less Than ~ssues (and Supporting Information Services): Significant Mitigation Significant No Impact Impact Incorporated Impact d) Expose sensitive receptors to substantial pollutant X concentrations? e) Create objectionable odors affecting a substantial number of people? _ Discussion of Air Quality Impacts: no discussion is required IV. BIOLOGICAL RESOURCES. Would the project: a) Have a substantial adverse effect, either directly through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Dept. of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, and regulations or by the California Dept. of Fish and Game or U.S. Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? Discussion of Biological Resources Impacts: No discussion is required, V. CULTURAL RESOURCES. Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined in §15064.5? b) Cause a substantial adverse change in the significance of an archaeological resource as defined in §15064.5? c) Directly or indirectly destroy a unique X X X X X X X X X Potentially Issues (and Supporting Information Services): Significant Impact Less Than Significant With Less Than Mitigation Significant No Impact Incorporated Impact paleontological resource or site or unique geologic g feature? d) Disturb any human remains, including those interred outside of formal cemeteries? g Discussion of Cultural Resources Impacts: no discussion is required VI. GEOLOGY AND SOILS: Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Div. of Mines and Geology Pub. 42. X ii) Strong seismic ground shaking? X iii) Seismic-related ground failure, including liquefaction? iv) Landslides? X b) Result in substantial soil erosion or the loss of g topsoil? c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in dn- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? X d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1997), creating substantial risks 40 life or property? X e) Have soils incapable of adequately supporting the g use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? Discussion of Geology and Soils Impacts: no discussion is required VII. HAZARDS AND HAZARDOUS MATERIALS: Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or the X environment through reasonably foreseeable upset Less Than Significant Potentially With Less Than sues (and Supporting Information Services): .Significant Mitigation Significant No Impact Impact Incorporated Impact and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or X acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of X hazardous materials sites compiled pursuant to Gov. Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e) For a project located within an airport land use plan X or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? f) Impair implementation of or physically interfere with an adopted emergency response plan or emergency g evacuation plan? g) Expose people or structures to a significant risk of loss, injury, or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? X Discussion of Hazards and Hazardous Materials: no discussion is required VIILHYDROLOGY AND WATER QUALITY: Would the project: a) Violate any water quality standards or waste X discharge requirements? b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge g such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage pattern of X the site or area, including through the alteration of the course of a stream or river, in a manner, which would result in substantial erosion or siltation on- or off-site? d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of X the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner, which would result in flooding on- or off- Less Than Significant Potentially With Issues (and Supporting Information Services): Significant Mitigation Impact Incorporafed Less Than Significant No Impacf~ Impact site? e) Create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff? f) Otherwise substantially degrade water? g) Place housing within a 100-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? h) Place within a 100-year floor hazard area structures which would impede or redirect flood flows? i) Expose people or structures to a significant risk df loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam?) j) Inundation by seiche, tsunami, or mudflow? Discussion of Hydrology and Water Quality Impacts: no discussion is required IX. LAND USE AND PLANNING: Would the projecf: a) Physically divide an established community? b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation plan or natural community conservation plan? X X X X X X X X Discussion of Land Use and Planning Impacts: Any housing project can be controversial, however this amendment implements a State Mandate. X. MINERAL RESOURCES. Would the project: a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? X b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? X Discussion of Energy and Mineral Resources Impacts: a) There are no known mineral resources within the City limits XI. NOISE. Would the project result in: a) Exposure of persons to or generation of noise levels X Less Than Potentially Significant Wifh Less Than ssues (and Supporting Information Services): Significant Mitigation Significant No Impact Impact Incorporated Impact in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation of excessive X groundborne vibration or groundborne noise levels? c) A substantial permanent increase in ambient noise X levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic increase in X ambient noise levels in the project vicinity above levels existing without the project? e) For a project located within ah airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? X Discussion of Noise Impacts: no discussion is required XII. POPULATION AND HOUSING: Would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? X b) Displace substantial numbers of existing housing, necessitating the construction of replacement. housing elsewhere? X c) Displace substantial numbers of people, necessitating the construction of replacement g housing elsewhere? Discussion of Population and Housing Impacts: The City anticipates 45 new second dwelling units over the next five years. XIILPUBLIC SERVICES: a) Would the proposal result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other pertormance objectives for any of the public services: .Fire Protection? X Police Protection? X Less Than Significant Potentially With Less Than Issues (and Supporting Information Services): Significant Mitigation Significant No Impact. Impact Incorporated Impact Schools? X Parks Other public facilities? Discussion of Public Services Impacts: no discussion is required XIV. RECREATION: X X a) Would the project increase the use of existing X neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated?) b) Does the project include recreational facilities or require the construction or expansion of recreational facilities, which might have an adverse physical effect on the environment? Discussion of Recreation Impacts: no discussion is required XV. TRANSPORTATIONITRAFFIC: Would the project: a) Cause an increase in traffic, which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? _ b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? _ c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that result in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? ~ Result in inadequate parking capacity? g) Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? Discussion of Transportation/Circulation Impacts: no discussion is required XVI. UTILITIES AND SERVICE SYSTEMS. Would the project: a) Exceed wastewater treatment requirements of the X X X X X X X r u ~o Less Than Significant Potentially With Less Than sues (and Supporting Information Services): Significant Mitigafion Significant No Impact Impact Incorporated Impact Regional Water Quality Control Board? X b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? X c) Require or result in the construction of new storm X water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? X e) Result in a determination by the wastewater X treatment provider, which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? f) Be served by a landfill with sufficient permitted X capacity to accommodate the project's solid waste disposal needs?) g) Comply with federal, state, and local statutes and regulations related to solid waste? g Discussion of Utilities and Service Systems Impacts: no discussion is required XVII. MANDATORY FINDINGS OF SIGNIFICANCE, a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? X b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.) X c) Does the project have environmental effects, which . will cause substantial adverse effects on human beings, either directly or indirectly? X ~~ ATTACHMENT 2 ~ . RESOLUTION N0.03-_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA GRANTING NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT TO THE AMENDMENTS AND RE-ADOPTION OF THE SECOND DWELLING UNIT ORDINANCE OF THE SARATOGA CODE Environmental Determination for Amendment and re-adoption of the City of Saratoga Second Dwelling Unit Regulations WHEREAS, the City Council held a duly noticed Public Hearing at which time all interested parties were given full opportunity to be heard and to present evidence; and WHEREAS, the City Council has determined that there are no significant environmental impacts related to the amendments and re-adoption of the Tree Regulations of the Saratoga General Plan; and WHEREAS, the City Council has reviewed the information included in the Initial Study of Environmental Impact attached hereto. NOW, THEREFORE, the City Council of the City of Saratoga does hereby resolve as follows: . Section 1. After careful consideration of the information provided in the Staff Report, the Initial Study and from verbal testimony, the Ciry Council determines that there are no environmental impacts associated with the proposed amendments to the Tree Regulations. Section 2. Pursuant to the requirements of the Saratoga Ciry Code and the California. Environmental Quality Act, this Resolution shall become effective fifteen (15) days from the date of adoption. PASSED AND ADOPTED by the City Council of the City of Sazatoga, State of California on February 5, 2003 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Nick Streit, Mayor ATTEST: Cathleen Boyer, City Clerk • ATTACHMENT 3 ~ DRAFT ORDINANCE _. AN ORDINANCE AMENDING SECTIONS 15-56 OF THE ZONING CODE OF THE CITY OF SARATOGA RELATING TO SECOND DWELLING UNIT REGULATIONS THE CITY COUI~TCIL OF THE CITY OF SARATOGA DOES ORDAIN AS FOLLOWS: Section 1. Findings. The City Council finds and declares as following: A. The Planning Commission has conducted a public hearing to consider an amendment to the zoning code with respect amending the provisions relating to Second .Dwelling Unit Regulations found in the Saratoga Code and so recommends, and B. The adoption of this ordinance is consistent with the provisions of the Saratoga General Plan Housing Element which states in Housing Element Program 1.1, which calls for the streamlining of the City's Second Dwelling Unit Regulations, and C. The adoption of this ordinance is consistent with the provisions of Assembly Bill 1866 in that all requirements for discretionary reviews (Use Permits) have been removed from the regulations. Section 2. Adoption. Article 15-56 is amended to read: 15-56.010 Purpose. The purpose of this Chapter is to authorize the establishment of secondary living units in single-family districts to comply with state law and to help achieve the goals and policies of the Housing Element of the Saratoga General Plan. Controlled construction of secondary living units will promote astable heterogeneous community with a balanced social and economic mist. 15-56.020 One second unit per site. Only one-second unit shall be permitted on any one site. 15-56.030 Development standards. Except as otherwise provided in Section 15-56.050, each second unit shall comply with all of the following development standards: (a) Lot size. If the second unit is attached to the main dwelling, the net site area of the lot upon which the second unit is located shall not be less than the minimum standard prescribed for the district applicable to such lot. (b) Unit size. the second unit shall be at least four hundred square feet and shall not exceed twelve hundred square feet of living space; not including the garage. If a second dwelling unit has a basement, the area of the basement is included as part of the total maximum allowed. (c) Building codes. The second unit shall comply with applicable building, health and fire codes. (d) Zoning regulations. The second unit shall comply with applicable zoning regulations (including, but not limited to, required setbacks, coverage, and height limits). Aone-time 10% increase in site coverage and allowable floor area maybe granted by the Community Development Director if the new second dwelling unit is deed restricted so that it may only be rented to below market rate households. (e) Parking. A minimum of one off-street covered parking space within a garage shall be provided for the second unit in addition to the off-street covered parking spaces required for the main dwelling. The garage requirement may be waived if the second dwelling unit is deed restricted so that they may only be rented to below market rate households. If the garage requirement is waived, an open parking space must be provided. (~ Access. The second unit shall be served by the same driveway access to the street as the existing main dwelling. (g) Common entrance. If the second unit is attached to the main dwelling, both the second unit and the main dwelling must be served by either a common entrance or a separate entrance to the second unit must be located on the side or at the rear of the main dwelling. (h) Limitations on number of bedrooms. A secondary living unit may not have more than two bedrooms. (i) Appearance. All new construction to create a secondary living unit must match the existing main structure in color, materials and architectural design. 15-56.040 Inspections. (a) Where the application is for legalization of as existing second unit or approval of a proposed unit to be attached to the main dwelling an inspection of the property shall be conducted to determine that the existing second unit, and any main dwelling to which a second unit will be attached. by a common wall, will comply with all applicable building, health, fire and zoning codes. Such inspections shall be performed by the City or by an independent contractor retained by the Ciry for such purpose, and the applicant thereof shall pay the cost. (b) Each existing second unit and a main dwelling, to which a second unit will be attached by a common wall, shall be reviewed by the Fire Marshall or his designated representative. Any recommendations by the Fire Marshall shall be a condition for the granting of a building permit. Such recommendations may include the connection of the second unit to an existing or proposed early warning fire alarm system installed in the main dwelling. (c) The inspections to be conducted .pursuant to this Section shall not constitute an assumption by the City, or by anyone acting in its behalf, of any liability with respect to the physical condition of the property, nor shall the issuance of a second unit use permit constitute a representation or warranty by the City to the owner of the property or any other person that such property fully complies with all applicable building, health and fire codes. 15-56.050 Legalization of existing second units. (a) Purpose of Section. It is in the public interest that all residents of the City live in safe, sanitary housing conditions. Second units currently exist which were created prior to the adoption of this Article. Tn order to encourage the legitimating of such units under the law, the owners of property on which second units are located should be encouraged to legalize such units provided the units are determined to be both safe and sanitary for continued human occupancy. Conversely, if existing second units are not safe and sanitary for continued human occupancy, the City has the responsibility to either insure they are made both safe and sanitary or their use for human occupancy is discontinued. The purpose of this Section is to establish special procedures and standards for legalization of existing second units that are or can be made fit for human occupancy. (b) Scope of Section. This Section shall apply only to second units established prior to _ _, 2003 within a structure for which a building permit was issued, or otherwise was lawfully constructed, and which complied. with any applicable zoning or development standards in force at the time of construction. Any second unit established from and after _, 2003, shall be deemed a new unit subject to the remaining provisions of this Article. (c) Contents of Application. Application to legalize an existing second unit shall be filed with the Community Development Director on such form as shall be prescribed. The application shall be accompanied by the following: (1) A vicinity map showing the location of the site. (2) An accurate scale drawing showing the location of all structures, trees, landscaping and off-street parking spaces on the site. (3) Inspection reports by an independent contractor and the Fire Marshall, as required under Section 15-56.050 of this Article. (4) A preliminary title report covering the site, or other evidence showing the applicant to be the owner of the property. (5) If the site is a hillside lot, either or both of the following documents shall be furnished if requested by the Community Development Director: (i) A topographic map of the site showing contours at intervals of not are than five feet; and/or (ii) A geologic report on the site prepared by a certified engineering geologist or a registered civil engineer qualified in soil mechanics. (6) If the existing second dwelling unit is served by a septic system, a description thereof together with a drawing showing the location of the septic tank and leach field on the site (d) Standazds. Existing second units shall comply with the following standards: (1) Where the second unit is located upon a hillside lot, the applicant shall demonstrate, to the satisfaction of the Community Development Director that the second unit is not subject to actual or potential damage from landslide, earth movement or other geologic hazard. (2) In lieu of compliance with the Uniform Building Code, the second unit shall comply with the Uniform Housing Code as adopted by the Ciry and shall otherwise comply with applicable health and fire codes. (3) Provided that not less than three off-street parking spaces are available on the site, the requirement of a covered parking space for the second unit may be waived if there is no feasible location on the site for either a garage or carport. In such event, the parking space for the second unit shall be screened from view from the street, if possible; otherwise, the driveway on the site may be utilized as a parking space for the second unit. (4) Where the second unit is served by a septic tank, the septic system shall be inspected and approved by the County Health Department. In addition, the applicant shall execute and record a deferred improvement agreement wherein the applicant and his successors vain be obligated to connect the second unit, and the main dwelling if also served by a septic system, to a sanitary sewer whenever the same becomes available and to pay his proportionate share of the installation cost. (h) Disqualified existing units. Any second unit established prior to 2003 which does not qualify for legalization under this Section by reason of not having been lawfully constructed, shall be deemed a new unit subject to the remaining provisions of this Article, except as follows: (1) The existing second unit shall comply with the standards set forth in subsection (d) of this Section. (2) The existing second unit shall comply with current zoning regulations, unless a variance is granted pursuant to Article 15-70 of this Chapter. (j) Burden of proof.. Wherever in this Section the legalization of an existing second unit depends upon the establishment of any event occurring on or before a specified date, the burden of proof shall be upon the applicant. 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_ day of _, 2003, and was adopted by the following vote following a second reading on the _ day of _, 2003: 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: February 5, 2003 .AGENDA ITEM: ORIGINATING DEPT: City Manager's Office CITY MANAGER: PREPARED BY: Dave Anderson DEPT HEAD: SUBJECT: Saratoga Chamber of Commerce RECOMMENDED ACTION(S): Accept report and authorize Mayor to execute Services Agreement. REPORT SUMMARY: The City Council's AdHoc Committee on the Chamber of Commerce was reconstituted with the new City Council. representatives Kathleen King and Norman Kline on December 18th. Since that time, the subcommittee has met twice, once to discuss a rental agreement for the McWilliams house prior to the Chamber's move to another location, and at a more recent meeting, to discuss a services agreement. Discussion The Adhoc committee will not be bringing any agreement. concerning rental of the McWilliams House to the Council as the Chamber recently moved its offices to a location on Big Basin Way in the Village, The Adhoc committee has, however, negotiated a services agreement it wishes the entire Council to consider. Significant features of the agreement are as follows: The agreement is based on afee-for-services model. The services rendered by the Chamber would be 1. Tourism and Information and 2. Distribution of City Information and Materials. The yearly fee for the provision of such services is $10,000, initially prorated for the months remaining in this fiscal year. The term of the agreement is from the date of approval through June 2007. The Chamber will provide tourism and information services from it's office on Big Basin for walk-in traffic and via telephone, email or fax requests. They will be open 35 hours a week during normal business hours. They will provide information concerning who to contact for services, community events, recreational opportunities, lodging and conference facilities, local schools, directions to and within Saratoga, and other general information requests. The Chamber has also agreed to be a point of distribution for City of Saratoga information and materials such as the City's quarterly newsletter, the Saratogan, the Recreation Department's class schedule, and City contact information. FISCAL IMPACTS: The City currently provides the Chamber of Commerce with general support for it's operations in the amount of $3,400 per year. Net budget impact of the proposed. services agreement for a full year of operation is expected to be $6,600. For the remainder of this fiscal yeaz the net increase will be $2,493. These funds are available in the existing Economic Development contract budget, and will not require an additional appropriation of funds. Previously, the City's support to the Chamber included an in-kind contribution to the Chamber's general operations budget from the $1 a year lease of the McWilliams house. This is valued at $9,446 per yeaz based upon the City's rental rate survey. While not a hard cost to the City, it is a real cost to the Chamber of Commerce in the form of increased rental payments for their new office in the Village. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): The City would continue to provide the Chamber with approximately $3,400 in support of Chamber operations per year. ALTERNATIVE ACTION(S): The Subcommittee did not forward any alternative actions. FOLLOW UP ACTION(S): Execute Council direction. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: 1. Services agreement between the City of Saratoga and the Saratoga Area Chamber of Commerce. 2of2 • AGREEMENT FOR SERVICES BY AND BETWEEN THE GITY OF SARATOGA AND THE SARATOGA CHAMBER OF COMMERCE FISCAL YEAR 2002-2003 This AGREEMENT is entered into this 5th day of February 2003, and is effective as of the 5`h day of February 2003, by and between the City of Saratoga, a municipal corporation ("CITY") and the Saratoga Chamber of Commerce ("CHAMBER"), engaged in providing city information services herein called Information Services. RECITALS A. The City desires to provide on-going tourism and information services. B. The Chamber represents and affirms that it is qualified and willing to perform the desired work pursuant to this Agreement. AGREEMENTS 1. Scope of Services. The Chamber shall provide the following services and deliverables as listed in the attached Scope of Services (Exhibit A). 2. Fee for Services. The Chamber shall be paid for the above listed Scope of Services as listed in the attached Fee for Services (Exhibit B). 3. Term. The term of this agreement shall extend from the date written above through June 30, 2007. 4. Compliance with Laws. The Chamber shall comply with all applicable laws, codes, ordinances, and regulations of governing federal, state, and local laws. Chamber represents and warrants to City that it has all qualifications required for Chamber to perform the services required. Chamber represents and warrants to City that Chamber shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement any licenses, permits, and approvals which are legally required for Chamber to perform the services required. Chamber shall maintain a City of Saratoga business license. 5. Sole Responsibility. Chamber shall be solely responsible for employing or engaging alt persons necessary to perform the services under this Agreement. Chamber shall not have any claim under this Agreement or otherwise against City for seniority, vacation time, vacation pay, sick 1 leave, personal time off, overtime, health insurance, medical care, hospital care, insurance benefits, social security, disability, unemployment, workers compensation or employee benefits of any kind. Chamber shall be solely liable for and obligated to pay directly all applicable taxes, including, but not limited to, federal and state income taxes, and in connection therewith Contractor shall indemnify and hold City harmless from any and all liability that City may incur because of Contractor's failure to pay such taxes. City shall have no obligation whatsoever to pay or withhold any taxes on behalf of Chamber. 6. Facilities and Equipment. Chamber shall, at its sole cost and expense, furnish all facilities and equipment, which may be required for completing the Scope of Work pursuant to this Agreement. 7. Compensation and Payment Terms. Compensation for Chamber's professional services shall not exceed the amount specified in Exhibit B. Payment to the Saratoga Chamber of Commerce shall be due 30 days after receipt by the City of properly executed invoices and the corresponding Quarterly Report of Services Rendered. The Chamber's invoice shall be mailed to: City of Saratoga . Attn: City Manager 13777 Fruitvale Avenue Saratoga, CA 95070 All invoices shall include the City's Agreement number, purchase order number. 8. Availability of Records. Chamber shall maintain the records supporting this billing for not less than three (3) years following completion of the work under this Agreement. Chamber shall make these records available to authorized personnel of the City at the Chamber's offices during business hours upon written request of the City. 9. Project Manager. The Project Manager for the Chamber for the work under this Agreement shall be the City Manager, City of Saratoga. 10.Notices. An notice required to be given shall be deemed to be duly and properly given if mailed postage prepaid, and addressed to: • 2 . To City; City Manager City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 Copy: City Clerk City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 To Chamber: Executive. Director Saratoga Chamber of Commerce 20460 Saratoga-Los Gatos Road Saratoga, CA 95070 11.Independent Contractor. It is understood that .the Chamber, in the performance of the work and services agreed to be performed, shall act as and be an independent contractor and not an agent or employee of the City. As an independent contractor, the Chamber or persons within the Chamber shall not obtain any rights to retirement benefits or other benefits, which accrue, to City employees. The Chamber may perform some obligations under this Agreement by subcontracting, but many not delegate ultimate responsibility for performance or assign or transfer interests under this Agreement. Chamber agrees to testify in any litigation brought regarding the subject of the work to be performed under this .Agreement. Chamber shall be compensated for its actual costs and expenses in preparing for, traveling to, and testifying in such matters, unless such litigation is brought by Chamber or is based. on allegations of Chamber's negligent performance or wrongdoing. 12. Conflicts of Interest.. Chamber. represents and warrants that, to the best of its knowledge and belief, there are no relevant facts or circumstances which could give rise to a conflict of interest on the part of Chamber, or that the Chamber has already disclosed all such relevant information. Chamber agrees that if an actual or potential conflict of interest on the part of Chamber is discovered after award, the Chamber will make a full disclosure in writing to the City. This disclosure shall include a description of actions which the Chamber has taken or proposes to take, after consultation with the City to avoid, mitigate, or neutralize the actual or potential conflict. Within 45 days, the Chamber shall have taken all necessary steps to avoid, mitigate, or neutralize the conflict of interest to the satisfaction of the City. C_~ 3 13.Egual Employment Opportunity Chamber warrants that is an equal opportunity employer and shall comply with applicable regulations governing equal employment opportunity. Neither Chamber nor its subcontractors do and neither shall discriminate against persons employed or seeking employment with them on the basis of age, sex, color, race, marital status, sexual orientation, ancestry, physical or mental disability, national origin, religion, or medical condition, unless based upon a bona fide occupational qualification pursuant to the California Fair Employment & Housing Act. 14.Insurance. a. Minimum Scope of Insurance: i. The Chamber agrees to have and maintain, for the duration of the contract, General Liability insurance policies insuring the Chamber to an amount not less than: one million dollars ($1,000,000) combined single limit per occurrence for bodily injury, personal injury, and property damage. ii. Chamber agrees to have and maintain for the duration of the contract, an Automobile Liability insurance policy ensuring Chamber staff to an amount not less than one million dollars ($1,000,000) combined single limit per accident for bodily injury and property damage. iii. Chamber agrees to have and maintain for the duration of the contract, a Workers Compensation insurance policy including minimum $1,000,000 Employer's Liability coverage. The Employer's Liability policy shall be endorsed to waive any right of subrogation as respects the City, its employees or agents. Chamber makes the following certification, required by section 1861 of the California Labor Code; I am aware of the provisions of Section 3700 of the Labor Code, which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. iv. Chamber shall provide to the City all certificates of insurance, with original endorsements effecting coverage. Chamber agrees that all certificates and endorsements are to be received and approved by the City before work commences. b. General Liability i. The City, its officers, officials, employees and volunteers are to be covered as insured as respects: liability arising out of 4 1.._J activities performed by or on behalf of the Chamber; products and completed operations of the Chamber, premises owned or used by the Chamber. ii. The Chamber's insurance coverage shall be primary insurance as respects the City its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the Chamber's insurance and. shall not contribute with it. iii. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees or volunteers. iv. The Chamber's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the limits of the insurer's liability. c. All Coverages: Each insurance policy required in this item shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days' prior to written notice by certified mail, return receipt requested, has been given to the City. Current certification of such insurance shall be kept on file at all time during the term of this agreement with the City Clerk. d. Workers Compensation. In addition to these policies, Chamber shall have and maintain Workers' compensation insurance as required by California law and shall provide evidence of such policy to the City before beginning services under this Agreement. Further, Chamber shall ensure that all subcontractors employed by Chamber provide the required Workers' Compensation insurance for their respective employees. 15.Indemnification. Chamber shall save, keep and hold harmless, indemnify and defend the City, its officers, agents, employees and volunteers from all damages, liabilities, penalties, costs, or expenses in law or equity that may at any time arise because of damages to property or personal injury received by reason of, or in the course of performing work which may be occasioned by the willful misconduct or negligent act. or omissions of the Chamber, or any of the Chamber's officers, employees, or agents or any subcontractor. 16.Waiver. No failure on the part of either party to exercise any right or remedy hereunder shall operate as a waiver of any other right or remedy that party may have hereunder, nor does waiver of a breach or default under this Agreement constitute a continuing waiver of a subsequent breach of the same or any other provision of this Agreement. 5 17. Governing_Law. This Agreement, regardless of where executed, shall be governed by and construed to the laws of the State of California. Venue for any action regarding this Agreement shall be in the Superior or Municipal Court of the County of Santa Clara. 18.Termination of the Agreement. This Agreement can only be terminated with cause, in which either party may give the other party written notice ("Notice of Termination"), which clearly expresses that Party's intent to terminate the Agreement. Notice of Termination shall become effective no less than thirty (30) calendar days. after a Party receives such notice. Such notice of termination shall include a statement by the terminating party setting forth grounds for determination of default under the Agreement. After either Party terminates the Agreement, Chamber shall discontinue further services as of the effective date of termination, and City shall pay Chamber for all Services satisfactorily performed up to such a date. If the Agreement is terminated by the City, it shall reimburse the Chamber for all up-front costs. 19.Amendment. No modification, waiver, mutual termination, or amendment of this Agreement is effective unless made in writing and signed by the City and the Chamber. 20.Di~utes. In the event of any dispute over any aspect of this Agreement, the parties will meet and confer to identify methods of resolving said dispute. In the event of litigation concerning this agreement each party :will be responsible to pay for its own fees. 21. Entire Agreement. This Agreement constitutes the complete and exclusive statement of the Agreement between the City and the Chamber. No terms, conditions, understandings or agreements purporting to modify or vary this Agreement, unless hereafter made in writing and signed by the party to be bound, shall be binding on either party. WHEREAS, the City Council has approved an allocation of funds for fiscal year 2002-2003 to Chamber, APPROVED AS TO FORM: Richard Taylor City Attorney CITY OF SARATOGA Nick Streit Mayor 6 ~J APPROVED AS TO BUDGET AUTHORITY AND INSURANCE: By: Administrative Services Director Date; ATTEST: Cathleen Boyer City Clerk SARATOGA CHAMBER OF COMMERCE David Hernandez Chamber President Exhibit A Scope of Services Saratoga Chamber of Commerce will provide the City of Saratoga with the following services for walk-ins, telephone, email, or fax requests: 1. Tourism & Information Materials: The Chamber shall provide information from its office. This office shall be located in Saratoga and shall be open to the public 35 hours per week during normal business hours. General information for tourists shall be in such areas as services available, who to contact for services, community events, recreational opportunities, retail shopping and dining opportunities, lodging and conference facilities, local schools, directions to and within Saratoga, and other general information requests. The City acknowledges that the Chamber. is a membership organization and therefore normally only provides information about its members. Under this agreement, the Chamber will include information about non-members but with preference to its members. Tourist materials that the Chamber will provide are: - Tourist Information Guides o Wineries o Restaurants o Lodging o Attractions o .Special Events o Entertainment 2. City Information and Materials As much as possible, the Chamber will direct information requests to the City offices. To assist the City in improving their services, these requests will be reported. Saratoga Chamber will make the following City information available at their office location: 8 .• • - Quarterly Newsletter-Saratogan - City Contact Numbers - Recreation Department Class Schedule City will deliver these materials to the Chamber for distribution. Chamber will not be required to store large quantities of these materials (i.e., no more than one standard size file storage box). Chamber will notify City when only 10 copies of any publication remain. Chamber is not required to distribute these materials in any manner other than hand-delivery to walk-in customers. 3. Community and Business Information Community and business information requests are not covered by this Agreement. However, information will be provided at the discretion of the Chamber. END OF EXHIBIT A - 9 ., EXHIBIT B • FEE FOR SERVICES FEE FOR SERVICES: 1. The City of Saratoga will pay the Saratoga Chamber of Commerce an Annual Fee on a fiscal year basis for providing the performance of Exhibit A -Scope of Services. The City's fiscal year is from July 1 through June 30. 2. The Annual Fee shall be paid in four quarterly installments. Each installment shall be paid within 30 days of City's receipt of the Chamber's Quarterly Report of Services Rendered. 3. The Annual Fee for Fiscal Year 2002-2003 shall be $10,000. Payment for this period will be pro-rated from the time the Agreement is signed until the end of the fiscal year. 4. The Annual Fee for subsequent fiscal years shall be based on multiplying the fee for the prior fiscal year by one plus the percent change in the December to December Consumer Price Index -All Urban Consumers - for San Francisco-Oakland-San Jose, CA (maintained by the Bureau of Labor Statistics). 5. This Agreement may be amended by mutual consent to establish an • alternative Annual Fee based upon information .obtained from the Chamber's Quarterly Reports of Services Rendered. QUARTERLY REPORT OF SERVICES RENDERED: The Chamber shall file with the City once each quarter a summary report of services rendered pursuant to this agreement during the prior quarter. ADDITIONAL SERVICES: Additional services requested by the City are not subject to this agreement and will be estimated by the Chamber and billed separately after obtaining written approval by the City. - END OF EXHIBIT B - 10 SARATOGA CITY COUNCIL MEETING DATE: February 5, 2003 AGENDA ITEM: ORIGINATING DEPT: Public Works CITY MANAGER: ~~ PREPARED BY: John Cherbone/ DEPT HEAD: Richard Taylor SUBJECT; Septic Abatement Program Status Report and Water Quality Enforcement Controls RECOMMENDED ACTION: Accept report and provide direction to staff. REPORT SUMMARX: Septic Abatement Program Status: Background: In an effort to improve underground and creek water quality in Saratoga, the Saratoga City Council adopted a septic abatement ordinance that applies to all properties within the City. The ordinance requires that septic systems in the City be abandoned and the properties connected directly to the public sanitary sewer system when a public sewer line is available within 200 feet of a property line. A public sewer line is not considered "available" if existing grades do not permit gravity flow connections, or if a legal easement or right-of--way to the sanitary sewer system does not exist. Property owners with properly operating septic systems may request up to a five-year extension of time o connect to the public sanitary sewer. Qualifying property owners facing financial hardships are able to apply for Community Development Block Grant funds to help pay for the cost of the septic abatement and sewer connection. The City initiated the new septic abatement ordinance in 1999 by collecting lists of properties from the West Valley and Cupertino Sanitation Districts that were believed to be subject to its requirements. Of the 586 properties identified by the districts, staff was able to remove many that were either undeveloped parcels or properties that had connected to the sanitation system but were absent from the district's records. • A notice dated February 22, 2000 was sent to each of the remaining property owners notifying them of their responsibility. The notice gave them six months to comply w the ordinance. The deadline was August 21, 2000. Of the 586 properties noticed, 22 properties did not respond. In order to insure that property owners received proper n of the requirements, Council directed staff to send one final notice to the 221 noncompliant property owners giving them 45 additional days to comply with the ordinance. On February 23, 2001, the final notice was sent via certified mail. A map is attached to your report identifying the location of the ith 1 otice Compliance Rate: The following is a breakdown of the current status of the 586 properties: Connected to Sanitary Sewer: Existing: 145 New Ordinance: 159 Vacant Parcel: 122 Extension Granted: 54 • Exempt (No Easement/Right-of--Way): 20 Exempt (Inadequate Grade): Adjacent to Creek: 13 Other: 5 Connection Pennit Issued: 37 Noncompliance (Liens Filed): 31 The properties under the Extension Status have until Apri19, 2006, to connect to the public sewer system. These properties had their septic systems certified that they are in good working order. A map identifying the location and compliance status of the 586 properties will be available at the Council Meeting. Water Quality Enforcement Options: Backeround: The City has several programs underway to protect water quality and develop a better understanding of the water quality problems in the City. These include ongoing testing, requiring the removal of septic systems, working with the West Valley Sanitation District • to identify faulty components of the sewer system, and public education. These efforts have identified two major sources of contamination: 1) a leaky sewer pipe located at the intersection of Saratoga-Sunnyvale Rd. and Big Basin Way that was repaired by West Valley Sanitation District, and 2) a sewer lateral connected directly to the storm system located near 4`h Street, which was capped off. In addition, the City has contracted with Bay Bioanalytical Laboratory. Inc. to conduct special tests designed to identify the most significant sources of water pollution in Saratoga Creek and other waters. The testing utilizes unique chemical markers that are placed in possible contamination sources. After an appropriate amount of time, those chemical markers can be identified at various testing sites along the creeks if those sources indeed contribute to pollution in the creeks, and as a result, the City will have a better understanding of which sources contribute most to the impairment. The City has also been working to ensure that the public is aware of the health risks posed by the contamination in the creek and how those risks can be avoided. Towards that end, the City has posted signs in the vicinity of Saratoga Creek and other creeks in the City warning of the contamination. In addition, articles have been published in the Saratoga News and the Saratogan. There are a number of options available to the City. With respect to both the sewer • system and septic systems these include increased public education efforts and stepped- up code enforcement. To limit contamination from City's remaining septic systems, the City could require removal of those septic systems that are exempt under the Below Grade Exemption. To limit contamination from faulty sewer systems the City could also adopt regulations establishing minimum construction, maintenance, and/or performance standards for sewer laterals connecting homes and businesses to the sewer system. Below Grade Septic Systems: The City Code requires properties served by septic systems and for which public sewer service is "available" to connect to the public sewer system pursuant to a schedule and. certain conditions set forth in the code. The City has interpreted the word "available" to mean, among other things, that the residence in question lies above the grade of the sewer system so that the sewage can flow from the residence to the sewer system by gravity. This interpretation has been applied only to existing residences. New homes constructed below the grade of the public sewer system generally are required to install pump systems. The connection requirement was interpreted to exempt below grade homes served by septic systems because it was believed that cost of installing the storage tank, pump system, and piping necessary to convert from septic to sewer service would be prohibitively expensive. New information indicates, however, that the costs of conversion, while substantial, do not differ markedly from the costs of converting above • grade systems. This is because a smaller diameter pipe can be installed at a lower cost than the installation of a larger diameter gravity pipe. They indicate that for a home 100 feet from the sewer system the likely cost would be in the range of $8,700 to $17,000 depending on the size of the holding tank installed (ranging from three to fourteen days of storage) and the distance to the sewer main. The comparable cost for an above grade conversion would be $4,000 and $20,000 (based on $40.00 per ln. ft. for gravity pipe). The sewer connection fee for the West Valley Sanitation District and for the Cupertino Sanitary District is the same for both above and below grade systems. Because the City has historically interpreted the City Code to exempt below grade systems from the septic conversion requirements, the City could amend the ordinance to state that a public sewer system shall not be considered "unavailable" if it is above the grade of the residence. The City's records indicate that there are 18 homes maintaining a septic system with a "below-grade" exemption. A draft ordinance prepazed by the City Attorney's office is attached. If the City Council wishes to consider adopting the ordinance staff will issue a notice for public hearing and place the matter on the next available agenda. Sewer Lateral Inspection Program: The program would allow the City to identify sewer laterals that are in poor repair and • that could be leaking sewage into the groundwater and from the groundwater into the City's creeks. Because leaks maybe slow or may be located in azeas shielded from view it is difficult to identify potential leaks and conduct the inspections necessary to enforce the Code's requirements. In addition, in many cases the sewer laterals have not been constructed in a manner that would allow testing to check for leakage. The traditional method of testing involves a water or air pressure test in which one end of the sewer lateral is blocked and the water level or pressure is monitored at the other end of the lateral to detect leakage between the two points. This form of testing requires that the. sewer lateral have two clean-out junctions: one at the structure on the property and another at the property line. The Plumbing Code requires most new structures to have a clean out installed at the structure but does not require a clean out at the property line. Staff currently does not have enough information thus far concerning the costs and mechanisms for implementing a sewer lateral inspection program. The difficulty posed by the existing City Code is that it provides no mechanism for regular testing of sewer laterals, thus an amendment to the Building Code Ordinance would likely be necessary. If Council desires, staff will investigate this program further and bring this information back to the Council at a later date. r FISCAL IMPACTS: • N/A ADVERTISING, NOTICING AND PUBLIC CONTACT: Notice for this meeting. CONSEQUENCES OF NOT ACTING ON RECOMMENDED MOTION(S): N/A FOLLOW UP ACTIONS: Report to the Council on staff implementation of Council directives. ATTACHMENTS: 1. Below Grade Ordinance • • ORDINANCE AN ORDINANCE AMENDING THE SARATOGA CITY CODE CONCERNING CONNECTIONS TO PUBLIC SANITARY SEWER THE CITY COUNCIL OF THE CITY OF SARATOGA DOES ORDAIN AS FOLLOWS: Section 1. Findings. A. Despite the progress made by the City of Saratoga's ongoing water quality protection programs, fecal coliform levels in Saratoga Creek and other waterways exceed national standards for the protection of human health and the environment. Even where waterways appear clear, tests have recorded fecal coliform levels that pose a threat to human health. The risk to human health is heightened by the fact that people--especially children--maybe attracted to unsafe water by its clean appearance. B. Reviews of local conditions and technical literature indicate that a probable source of contamination is subterranean flows from septic systems. C. The City Council has recently amended the Saratoga City Code to address contamination caused by septic systems. As amended, the Saratoga City Code requires persons owning property within the City to connect to a public sewer if such a sewer is available within ,~ 200 feet of the property. However, the Saratoga City Code does not clarify whether a public sewer within 200 feet of a property is "available" if the property is below grade, i.e., where any connection to a public sewer within 200 feet of the property would be required to carry sewage uphill. The City has concluded that a variety of factors now make it feasible to connect below-grade properties to public sewers. D. In order to clarify that the public sewer connection requirements of the Saratoga City Code apply to below-grade properties, sections 2.1 and 2.2 of this ordinance amend the Saratoga City Code to clarify that a public sewer within 200 feet of a property shall not be considered unavailable solely because the property is below grade. Section 2 Amendments to the Saratoga City Code. The Sazatoga City Code is amended as set forth below. Text inserted by this ordinance is indicated in bold, double-underlined font exam 1 ;text deleted by this ordinance is indicated in strikeout font (ele). Text in standard font is unchanged by this ordinance. Section 2.1. Amendment to Requirement of Connection to Public Sanitary Sewer or Inspection of Private On-Site Sewage Disposal System Upon Transfer of Ownership of Property. Section 7-10.070 of the Saratoga City Code is hereby amended as follows: • Ordinance No. 7-10,070 Section Bll-13.2 is added concerning inspection of private on-site • sewage disposal system upon sale of property. Section Bl 1-13.2 is added to the Code of the County of Santa Clara, to read as follows: Section Bl 1-13.2. Connection to Public Sanitary Sewer or Inspection of Private On-Site Sewage Disposal System Upon Transfer of Ownership of Property (a) No person shall transfer or convey more than fifty percent of the ownership interest in any real property, residence, place of business, or other building, located within two hundred (200) feet of an available approved public sanitary. sewer, and upon which a private on-site sewage disposal system exists, without first providing for connection to the approved public sanitary sewer to the satisfaction of the Health Officer, as a condition to close of escrow or transfer of ownership of the subject property. n annroved public sanitarv sewer shall no be found to be unavailable solely because the nublic sanitarv sewer or anv nortion of the connection to the nublic sanitarv sewer is or would be at a higher elevation than the real nronerty, residence, place of business or other building to be transferred or conveved. (b) No person shall sell, transfer, or convey more than fifty percent of the ownership interest in any real property, residence, place of business, or other building located in excess of two hundred (200) feet of an available approved public sanitary, upon which a private on-site sewage disposal system exists, without first obtaining an inspection of the sewage disposal system and written report summarizing the results of the inspection. n annroved nublic sanitarv sewer shall not be found to be unavailable solely because the nublic sanitarv ewer or anv nortion of the connection to the nublic sanitarv sewer is or would be at a higher elevation than the real nronertv_. residence,_nlace of business or other building to be transferred or conveved. (1) The inspection shall be made for the purpose of determining, and the report of the inspector shall state, whether the private on-site sewage disposal system is operating in compliance with this Code. (2) The inspection shall be conducted by a registered civil engineer or a registered environmental health specialist, or any other individual who is determined by the Health Officer to be qualified to perform such inspection. (3) The report of the inspection shall be submitted to the Health Officer as a condition to close of escrow or transfer of ownership of the subject property. 2 Ordinance No. Section 2.2. Amendment to Requirement of Connection to Public Sanitary Sewer. Section 7-10.080 of the Saratoga City Code is hereby amended as follows: 7-10.080 Section Bll-13.3 is added concerning requirement of connection to public sewer. Section B11-13.3 is added to the Code of the County of Santa Clara, to read as follows: Section B11-13.3. When Connection to Public Sanitary Sewer is Required. (a) The Health Officer shall order by notice in writing any person owning or occupying property within the boundaries of the City from or upon which any sewage whatsoever is generated, which premises are not connected to an existing approved public sanitary sewer facility available within two hundred (200) feet of the boundary line of such property, to connect thereto or vacate or cause to be vacated such premises within a specified period of time, not to exceed 180 days. The notice shall also provide that, if the owner or occupant desires consideration by the Health Officer of an extension of time to connect to the public sewer facility, the owner or occupant shall submit a written report summarizing the results of an inspection of the private system to the Health Officer. The inspection shall be for the purpose and conducted in the manner set forth in Section Bl1- 13.2(b)(1)and (2) of the Code of the County of Santa Clara, as added by Section 7-10.070. Failure to submit the inspection report and request for extension or to cause connection to the approved public sanitary sewer facility, within forty-five days of the date of notice, shall result in the City recording a Notice of Non- Compliance against the property. An approved nublic sanitary sewer shall not e found to be unavailable solely because the nublic sanitary sewer or any portion of the connection to the nublic sanitary sewer is or would be at a higher elevation than the real property, or any portion thereof. from whic wage is generated. (b) The Health Officer, after receiving evidence from the owner or occupant, may declare and determine that the continued use of an existing on-site sewage disposal system is and could reasonably be expected to remain adequate for treatment and disposal of sewage for a period of time not to exceed five (5) years, without constituting a public nuisance by reason of the soil conditions, damage conditions, the degree of urban development in the area and the type and condition of the particular sewage disposal system in question. Ordinance No. (c) As a condition to the determination made under section (b), the owners of the property with reference to which such determination has been made, shall execute • in writing in a form acceptable for recordation a covenant to: (1) Cause connection to be made to the existing public sewer facilities within the time period determined by the Health Officer pursuant to section (b), not to exceed five (5) years from the date of such determination, or upon demand of the Health Officer, whichever date comes first, based upon a determination that one or more of the conditions recited in section (b) above have changed so that such existing sewage treatment and disposal constitutes a public nuisance. (2) Notify any purchaser or transferee for consideration of any rights in and to such property of the existence of such a covenant and the performance or nonperformance thereof prior to such purchase or transfer. (d) The five year maximum time period set forth in section (b) maybe extended by the City Council only upon a determination of financial hardship. Section 3. Severance Clause. Each section, sub-section, pazagraph, sub-pazagraph, sentence, clause and phrase of this ordinance is severable and independent of every other section, sub-section, paragraph, sub- paragraph, sentence, clause and phrase of this ordinance. If any section, sub-section, pazagraph, sub-paragraph, sentence, clause or phrase of this ordinance 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. The City Clerk shall cause this ordinance or a summary thereof to be published once in a newspaper of general circulation of the City of Sazatoga within fifteen days after its adoption. The foregoing ordinance was introduced and read at the regular meeting of the City Council of the City of Sazatoga held on the day of , 2002, and was adopted by the following vote following a second reading on the day of , 2002: AYES: NOES: ABSENT: 4 Ordinance No. • C~ ATTEST: CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY MAYOR, CITY OF SARATOGA, CALIFORNIA Ordinance No. SARATOGA CITY COUNCIL MEETING DATE: February 5, 2003 AGENDA ITEM: ORIGINATING DEPT: City Manager's Office CITY MANAGER: ~r/~G~-~------ PREPARED BY: Lorie Tinfow DEPT $E +~-~ SUBJECT: Saratoga Library Project Update RECOMMENDED ACTION(S): Consider Gilbane Building Company's request for additional funds to cover extended staffing needs and authorize staff to amend Gilbane's contract as directed; Approve change order for $504 to Field Paoli for structural engineer subconsultant redesign of anchor bolt layout required as corrective Phase I work; Accept report and increase the authorized budget for library expenses by $50,000 to $14,650,000. REPORT SUMMARY: Budget Summary Report as of January 3, 2003. A copy of the most recent document presented each month to the Citizen's Oversight Committee is attached. Because of the Council meeting schedule in January, the information in the budget summary reflects activity as of January 1. The changes made to the budget totals since my last report are shaded. Highlights include the following: ^ Change Order Activity.. Change Order #5 was finalized and includes fixnding for replacement of moldy wood blocking, replacement of the cantilevered roof on the northeast side of the building, and rerouting electrical conduit. ^ Credit from San Jose Water.. San Jose Water required a deposit to cover expenses of their work related to the Library. The final costs were less than the deposit so they issued a check for the balance of just under $20,000. ^ Tele/Data Bid. Since my last full report, the tele/data bid was received and the amount plus 10% is shown on the summary. The total was much less than anticipated. ^ Temporary Library. Sacred Heart billed us for the work at the temporary library. ^ Phase Lfees. Attorney's fees related to the Bankruptcy have been increased in the budget to reflect a more realistic expected total. Budget Status. The table below shows the status of funds: Committed Project Total as of 1/03/03 without contin enc $14,227,370 Chan ere uests shown as "estimate of chan es to contract" + $352,006 Total Project Costs (both committed and chan ere uests = $14,579,376 Total authorized bud et $14,600,000 Remainin Balance = $20,624 Percent of time ela sed for entire ro'ect-Phase I and II 71 weeks/79 weeks 90% Gilbane Building Company's Request For Additional Funds. Gilbane's contract had been renegotiated in November 2001 to allow for the change in job finish date-at that time expected to be December 2001/January 2002. The renegotiation scheduled two people on site through December 2002 and one person through January 2003. Now that the job is looking to go into March, Project Executive Kamal Ariss has requested additional funds for staffing. He had already budgeted the project engineer to be on-site through January and the project manager through February at no additional cost. However, for the engineer's time in February and manager's time in March, Ariss requested additional funds. Based on the hourly rates for each for one month's time plus a few hours of Ariss' supervision and some safety officer and administrative time, Ariss estimated a cost of about $30,000. (We currently pay $35,412 a month.) Further developments and negotiation have occurred. The project engineer will be reassigned as of Feb. 10. The City will not be billed for any of his time in February. He will continue to provide services and support on a part-time basis through the end of the project at no cost to us. The project manager can remain on the job at a cost of $3200/week. We will not be chazged for other staff time. For the four weeks in March, the total would be $12,800. Should the job go beyond March, we can continue services at the weekly rate. Staff requests additional fees for Gilbane's services of up to $12,800 and will return for additional authorization if needed. Field Paoli. The. anchor bolts in the parking lot light fixtures were installed incorrectly in Phase T. Input from a structural engineer was necessary to determine how to fix the problem short of completely replacing the fixtures. Field Paoli is requesting a change order for those redesign services in the amount of $504. This cost will be added to the claim against the Phase I contractor's surety. Construction schedule. The official substantial completion date continues to be February 28, 2003. However, staff expects the completion date to move into March for a number of reasons including delays resulting from problems associated with obtaining permanent power. Staff will provide a more definite completion date in the next report. • ~ The change request total represents all contractor requests made to date and is a "worst case" estimate. This number is simply shown for tracking proposes and appears on the attached Budget Summary as a subtotal under "Estimate of Changes to Contract " FISCAL IMPACTS: Approval of the request to increase Gilbane's contract by $12,800 and authorize the Field Paoli change order will increase the total budget by $13,304 and bring the project total w/o contingency up to $14,592,680. This balance is very close to the Council-authorized amount of $14,600,000. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): Field Paoli will have to absorb this particular cost and may be unwilling to provide specific needed expertise in a timely manner in the future. Gilbane may reassign all personnel to other job sites and provide minimal resources to meeting their remaining contract requirements. ALTERNATIVE ACTION(S): Authorize no additional funding, or more or less funding for Gilbane staffing needs. Choose not to authorize payment of Field Paoli's subconsultant costs. FOLLOW UP ACTION(S): Staff will continue to bring budget updates to Council on a regular basis. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: ^ Revised Library Budget Summary Report dated 1/3/03 i 0 N M a` O N N N O N oI a° = a° o 0 0 0 o a o 0 0 0 C~~°o ~ ~°o omo°o°o ~o~ .O.i O N O d ~.., O ~--coo _ OO~?M m m O ~ r N « ~ !' ~ ~I m D r ~ a yy ~~ CI(~ ~ N m m r m >U~~ D d.~ LL N~ ~1Q.*oo OI-~t9N a` °' en vi `o w~ ao: °..' Ec0 rte' a L U m~ m a b UO 00 o O y O O N U pOI q p~~j moo ~~ <o v> M M d lp W O N ~ M N OJ aj ~- ~ N 0 N - . 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N V O LL ~ ° A v ~ m ° L o c~ m ~ '^ F ~ U ~c m ' °`rS=° 3 v 'a s~ F `m cg O U ~ vai a o '~ a d O Z y C t C ~ O Ol C IL q~~ T m_v' m~ a g ~FQi m ~ U E~ z° a° i. 3 C c~ a i C c c o 'rnO c N€ LL .. ~ j E .'9 in Z w ~ o N C o a c U O w Q U~ m =' ~- 8 m a aEi o h~ n r _ = N O U~ c h v H a ~" = a~ z. 2 m o~ y 0 v `a ~~ E c d c E c .~ v~ t2n U 2 ~ U ? U U a ~ c d ~ ~ o a c o o 'S L C 'n ~ °-' S". ~{ m o ai ._ a n w o o ~O o ~p o ~ Q 6 n U vl U W U ii 3 U'a 0 F N N Q~ ~ F~ m E H U S Na (~ a U tq N w c N x N N O li a F ~ w M O O O O a M W d u 0 Q c m c O U J ill A F- u d n. U x `, SARATOGA CITY COUNCIL MEETING DATE: Februa 5, 2003 AGENDA ITEM: r3' ORIGINATIN D P ity Manager CITY MANAGER: r/"'~-~~~ PREPARED DEPT $EAD: SUBJECT: Saratog otary `Building Bridges" Event RECOMMENDED ION: Accept report and direct staff accordingly.. REPORT SUMMARY: At the December 18, 2003 City Council meeting Dr: Armstrong of the Saratoga Rotary addressed the City Council under oral communications. Mr. Armstrong informed the Council of the Rotary's plans to hold their. first weeklong celebration of cultural diversity called "Building Bridges". Dr. Armstrong explained that the Rotary hopes to develop a weeklong celebration of'cultural diversity in Saratoga during the week of October 18-26, 2003. Mr. Armstrong explained that the weeklong program would wrap up with a daylong event, with the help of multiple sponsors and participants, at West Valley College. Using educational programs, entertainment and food .Rotary hopes to raise awazeness of intercultural relationships in Sazatoga and seek ideas for reducing conflicts throughout the world. Mr. Armstrong suggested that the City of Saratoga participate in this weeklong program. Staff recently contacted Mr. Armstrong to discuss what level of participation the City should have and different options of events. Staff would like to recommend the following options to the Council for discussion: • Open House at City Hall from 3:00 p.m. - 5:00 p.m. on Friday, October 24, 2003 • City Hall Tours • Sheriff and Fire Department Demonstrations. • Parks and Public Works Demonstrations • Mayor and/or Councilmembers could set up a "Meet and GreeP' booth at the 10/26 event FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A r • ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: N/A ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: N/A C~ 2 of 2 SARATOGA CITY COUNCIL MEETING DATE: February 5, 2003 AGENDA ITEM: ~f ORIGINATING DEPT: Community Development CIIYMANAGER: ~~-/G-~~- PREPARED BY: Thomas Sullivan, AICP DEPT HEAD: SUBJECT: Appointments to Gateway Design Standards Committee RECOMMENDED ACTION: • Disband the Gateway Task Force. • Sendletters of thanks to those who participated in this effort over the past several years. • Appoint a new„ smaller committee consisting of 2 residents, 2 members .from the immediate commercial area and myself as Staff liaison: Council .Member Kline has already been appointed as the City Council liaison to the Gateway project, The foregoing can be accomplished by adopting a minute motion. REPORT SUMMARY: The Planning Commission has adopted a Resolution recommending the City Council adopt the Gateway Design. Guidelines. The Gateway Task Force went beyond typical Design Guidelines in hat regulations were being developed to implement the Design Guidelines. 'These "regulations" became a matter of disharmony between the business interest and the residential members of the Ad-Hoc committee. The Planning Commission made a valiant attempt to find middle. ground. The Mixed Use Ordinance, which includes Development Standards,. and the Gateway Design Guidelines, became blurred to some extent. The new committee should be specifically assigned the task of creating a true Gateway Design Guidelines document, along the lines of .the Village Guidelines document or the Residential Design Guidelines.. The: Gateway Design Guidelines. would need to be consistent with our existing commercial ordinances. Interestingly, the consultant, Design Studio West, had been provided a copy of the Village Design Guidelines and had been given direction to emulate that document for the Gateway Design Guidelines. FISCAL IMPACTS Minimal cost will be incurred. for appointing the committee .and convening the meetings. However, if a consultant needs to be retained the fiscal impact will escalate rapidly. CONSEQUENCES OF NOT FOLLOWING 1tECOMMENDED ACTION: This would depend upon which alternative action was chosen. ALTERNATIVE ACTION: I. Adopt the Gateway Design Guidelines as recommended by the Planning Commission. 2. Determine that the Gateway Design Guidelines are not needed and direct Staff and the Planning Commission to continue to address design issues through the Design Review process, one project at a time. 3. Send the matter back to the either the Planning Commission and/or the old Ad-Hoc committee with direction on how to proceed. 4. Enlarge the proposed new committee by including one or two Planning Commissioners FOLLOW UP ACTION: 1. Notify those individuals of their appointment. 2. Schedule committee meetings. ADVERTISING, NOTICING AND PUBLIC CONTACT: • This agenda item does not need to be advertised ATTACHMENTS: 1. None