HomeMy WebLinkAbout04-15-2003 City Council Agenda Packet4
CITY OF SARATOGA
CITY COUNCIL
LAND USE AGENDA
TUESDAY, April 15, 2003
3:00 P.M.
SITE VISITS WILL BE MADE TO THE FOLLOWING ITEMS
ON THE CITY COUNCIL AGENDA FOR
APRIL 16, 2003 ON APRIL I5, 2003
ROLL CALL
REPORT OF POSTING AGENDA
AGENDA
1. APPLICATION #02-269 (397-22-051) -CUTLER, 14480 OAK
PLACE; Request for Variance to allow an existing 190-foot section
• of wall to be in excess of the City Code maximum 6-feet in the side
yard setback and to remain 7-feet 6-inches.
The City Council conducts site visits to properties which are new items on the
City Council agenda. The site visits are held on Tuesday preceding the
Wednesday hearing between 3 :00 p.m. - 5:00 p.m. Site visits only occur
when there is an appeal scheduled before the City Council.
It is not necessary for the applicant to be present, but you are invited to join the
Council at the site visit to answer any questions which may arise. Site visits
are generally short. (5 to 10 minutes) because of time constraints. ,Any
presentations and testimony you may wish to give should be saved for the
public hearing. Please contact staff Tuesday morning for an estimated time of
the site visit.
ARCHIVE COPY
• ~
,AGENDA - ~~
REGULAR -MEETING
SARATOGA CITY COUNCIL'
APRIL 16, 2003
CLOSED SESSION- 5:30 P.M. -ADMINISTRATIVE CONFERENCE ROOM,
13777 FRUITVALE AVENUE
ANNOUNCEMENT OF CLOSED SESSION ITEMS
CALL MEETING TO ORDER - 5:30 P.M.
ANNOUNCEMENT OF CLOSED SESSION ITEMS
ADJOURNED TO CLOSED SESSION - 5:30 P.M.
Conference With Labor Negotiators (Gov't Code 54957.6):
Agency designated representatives: Lorie Tinfow, Assistant City Manager &
Jesse Baloca, Administrative Services Director
Employee organization: SEA
Conference With Labor Negotiators (Gov't Code 54957.6): •
Agency designated representatives: Dave Anderson, City Manager
Employee organization: SMO
Conference With Legal Counsel- Existing Liti ation:
(Government Code section 54956.9(a))
Name of case: Nora v. City of Sazatoga (Santa Clara County Superior Court No.
CV810985)
Conference With Legal Counsel -Anticipated Liti atg ion:
(Government Code section 54956.9(b) Number of potential cases: 1
Conference With Rea] Property Negotiators:
Property; 13650 Saratoga Ave„ Saratoga
Agency negotiator: Lorie Tinfow, Assistant City Manager
Negotiating parties: City of Saratoga, Santa Claza County Joint Powers Authority
Under negotiation: Price and terms ofpayment
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
(Pursu'ant to Gov't. Code 54954.2, the agenda for this meeting was properly posted on
April 11, 2003)
COMMUNICATIOiVS FROM COMMISSIONS & PUBLIC
Oral Communications on Non-Aeendized Items
Any member of the public will be allowed to address the City Council for up to three (3)
minutes on matters not on this agenda. The law generally prohibits the council from
discussing or taking action on such items. However, the Council may instruct staff
accordingly regardnn7; 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.
ANNOUNCEMENTS
None
CEREMONIAL ITEMS
lA. Proclamation -Supporting the National Housing Trust Fund
Recommended action:
Present proclamation.
1B. Proclamation- Volunteer Appreciation Week
Recommended action:
Read proclamation and present certificates to volunteers:
SPECIAL PRESENTATIONS
2. Presentation -Dawn Cameron
County Comprehensive Expressway Planning Study
Recommended action:
Informational only.
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 fo an item on the. Consent Calendar"at this time, or request the
Mayor remove an item from the Consent Calendar for discussion. Public Speakers are
limited to three (3) minutes.
3A. City Council Minutes - Apri12, 20,03
Recommended action:
Approve minutes.
3B. Review of Check Register
Recommended action:
Approve check register.
3C. Planning Action Minutes - Mazch 9, 2003
Recommended action:
Note and file.
3D. Quito Road Bridge Replacement Project, C.T.P No. 9111
Amendment of Cooperative Agreement, Amendment of Standazd Contractual
Services Agreement
Recommended action:
Authorize City Manager to execute agreements.
3E. Building Site Approval for One Lot Located at 20887 Kittridge Road.
Owner: Husted
Recommended action:
Adopt resolution.
3F. Letter of Understanding Between the City of Saratoga and the Saratoga
Management Association
Recommended action:
Adopt resolution and approve letter of Understanding.
PUBLIC HEARINGS
4. Appeal of Planning Commission Denial of a Variance at the Property Located at
Application #02-269 (397-22-051) -Cutler, 14480 Oak Place
Recommended action:
Conduct Public hearing and take appropriate action.
OLD BUSINESS
Redwood Middle School Traffic Plan
Recommended action:
Accept Redwood School Traffic Improvement Plan and authorize a change order
for $7500 to George Bianchi Construction Inc.
6. Public Art Policy
• Recommended action:
Approve policy.
?. Saratoga Library Project Update
Recommended action:
Approve an additional0 $12,800 for Gilbane Services.
NEW BUSINESS
8. Preliminary Approval of Landscaping and Lighting Assessment District Engineers
Report
Recommended action:
Adopt resolutions; approve proposal form John H. Heindel Consulting Civil
Engineering for Assessment Engineering Services; authorize City Manager to
execute a professional services agreement.
9. Amendment to the Silicon Valley Animal Control Authority (SVACA) Joint
Exercise of Powers Agreement
Recommended action:
Approve and authorize the City Manager to execute amendment.
10. League of California Cities Special Meeting May 15, 2003
Recommended action:
Designate a voting delegate
.
AGENCY ASSIGNMENT REPORTS
Agency 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 Streit/Waltonsmith -
KSARCommunity Access TV Board King Kline
Library Joint Powers Association Kline Bogosian
Northern Central Flood Control Zone Advisory King Bogosian
Board
Peninsula Division, League of California Cities Kline Waltonsmith
Santa Clara County Valley Water Commission Streit King
Santa Clara County Cities Association Streit Waltonsmith
SASCC Liaison Waltonsmith Streit
Saratoga Business Development Council Streit Kline
Sister City Liaison King Waltonsmith
•
West Valley Solid Waste Joint Powers Association .King Kline
Valley Transportation Authority PAC Waltonsmith Kline
West Valley Sanitation District Bogosian Streit
Silicon Valley Anima] Control JPA Bogosian Streit
4
CITY COUNCIL ITEMS
OTHER
CI`CY MANAGER'S REPORT
ADJOURNMENT
In compliance with the Ansericans 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
77)
REVISED -CITY OF SARATOGA
CITY COUNCIL MEETING CALENDAR 2003
4/26 Special Meeting Council/Commission Meeting
5/7 `Regular Meeting
5/21 Regular Meeting
6/4 Regular Meeting
6/18 Regular Meeting
7/2 Regular Meeting
7/16 Regular Meeting
8/6 Regular Meeting -City Manager Evaluation
8/20 Summer Recess
9/3 Regular Meeting
9/17 Regular Meeting
10/1 Regular Meeting
10/15 Regular Meeting
11/5 Regular Meeting
11/19 Regular Meeting
12/3 Regular Meeting
12/9 Special Meeting -Council Reorganization
12/17 Regular Meeting
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5
SARATOGA CITY COUNCIL
MEETING DATE: April 16, 2003 AGENDA ITEM: ~ ~~ -~~/
ORIGINATING DEP ;ity Manager CITY MANAGER: G~/ Gl--~`---
PREPARE~~~~ DEPT HEAD:
SUBJECT: Proclamation -Supporting the National Affordable Housing Trust Fund
RECOMMENDED ACTION:
Read proclamation and present it to a representative from Supervisor James T. Beall's office.
REPORT SUMMARY:
Supervisor James T. Bean's office has requested that the City of Sazatoga approve the attached
proclamation supporting the National Housing Trust Fund.
The Silicon Valley Citizens for Affordable Hosing (SVCAH) is working to get legislation
authorizing the national Housing Trust Fund passed to provide a new source of federal funding
for affordable housing in our community. Thus far, SVCAH has secured 61 organizational
endorsements from diverse groups working in Silicon Valley ranging from faith based
organizations to the Association of Realtors to the South Bay AFL-CIO Labor Council, Tn order
to reach their goal of securing 100 organizational endorsements by the end of April, they need the
City's help, They believe it is crucial to show how important this measure is to our community by
securing endorsements for a s broad a base of constituents as they can.
FISCAL IMPACTS:
N/A
CONSEQUENCES OF' NOT FOLLOWING RECOMMENDED ACTION:
N/A
ALTERNATIVE ACTION:
N/A
FOLLOW UP ACTION:
City Clerk to notify Congressionai delegation by sending them a copy of proclamation and also
copy to the National Low Income Housing Coalition.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Posting of the agenda.
ATTACHMENTS:
Attachment A -Copy of proclamation.
Attachment B -Participation Report
PaI~ICIpBtIOC1 f~ep01~ As of 4/3/2003
. NHTF * All Dates
Organizations
Affordable Housing Network
..Alum Rock Counseling Center,lnc
Asian Americans For Community Involvement
Catholic Charities of Santa Clara County
Charities Housing Df;velopment Corp.
City of Cupertino
City of San Jose
City of San Jose Department of Housing
Community Services Agency Of Mountain View And Los Altos
Community Technology Alliance
* Council Of Churches Of Santa Clara County
County Of Santa Clara
* Cupertino Union School District
Dominican Sisters of San Rafael
Emergency Housing Consortium
Engineering Techniques, Inc.
* First Christian Church (Disciples of Christ) San Jose
* First Community Housing
* First Unitarian Church of San Jose
Franklin McKinley Education Foundation
* HomeBase, The Center for Common Concerns
• * Housing Authority of The County of Santa Clara
Housing Choices Coalition
Housing For Independent People
Housing Industry Foundation
InnVision
Interfaith Council on Religion, Race, Economic & Social Justice
Lenders For Community Develop.
MAITRI
Mayfair Improvement Initiative
Mid-Peninsula Housing Coalition
Neighborhood Housing Services
Peninsula Energy Partners
Peninsula Habitat for Humanity
Religions of the Sacred Heart
San Jose Conservation Corps
San Jose Dragons Softball Club
San Jose Family Shf;lter
* San Jose/Silicon Valley Chamber Of Commerce
Santa Clara County,4ssociation of Realtors
4/3/2003 2:27:52 PM Page 1 of 2
Organizations
Santa Clara County Collaborative for Affordable Housing and Homeless Issues
Santa Clara University
Second Start
Silicon Valley Independent Living Center
Sisters of Charity of the Blessed Virgin Mary, West Region
Sisters of Notre Dame of California
Sisters of St. Joseph of Carondelet, Santa Clara County
Sobrato Family Affordable Housing Program
Society of Jesus (Jesuits), California Province
South Bay AFL-CIO Labor Council
South County Housing
St. Athanasius Church
St. Clare Parish
St. Simons Church
* Sunflower Day Care
The John Stewart Co.
* The Schoennauer Company
Unitarian Fellowship of Los Gatos
United Way of Santa Clara Co,
* Woman's International League for Peace and Freedom (WILPF)
Individuals
Alquist, Elaine White
Cook, Angelia
Krenek, Kathleen
Leonard, Gloria
Lynch, Ann Therese
Nguyen, Trung
* Oberdorfer, Jeff
Pensione Esparanza, Mike
Syverson, Dian
* New Since 3/26/03
Org Count: 61
Ind Count: 9
Total Count: 70
4/3/2003 2:27:52 PM Page 2 of 2
SARATOGA
MEETING DATE: April 16, 2003
ORIGINATING DEPT: City Manager
PREPARED BY:
CITY COUNCIL ~ -~--:.
:r,_v
~.
AGENDA ITEM: z '~~° °"'`k
CITY MANAGER: ~~G~--.
DEPT HEAD:
SUBJECT: Proclamation -Declaring the Week of April 27-May 3, 2003 "National
Volunteer Appreciation Week"
RECOMMENDED AC'CION:
Read proclamation and present volunteer appreciation certificates to volunteers.
REPORT SUMMARY:
Attached is a proclamation declazing the Week of Apri127-May 3, 2003 "National Volunteer
Appreciation Week"
FISCAL IMPACTS:
N/A
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
N/A
ALTERNATIVE ACTION:
N/A
FOLLOW UP ACTION:
N/A
ADVERTISING, NOTI:CING.AND PUBLIC CONTACT:
Posting of the agenda.
ATTACHMENTS:
Attachment A -Copy of proclamation and volunteer appreciation certificates.
U
CITY OF SARATOGA
PROCLAMATION
DECLARING THE WEEK OF APRIL 27 -May 3, 2003
"NATIONAL VOLUNTEER APPRECIATION WEEK"
WHEREAS, President Richazd Nixon signed executive Oider 4228 in 1974 establishing the first National Volunteer
Appreciation Week, and
WHEREAS, Volunteer Saratoga has a place on the team for interested individuals with a sincere desire to do his or her
P~ and
WHEREAS, in the 02/03 season two hundred and sixteen participants have wntributed to the success of the Volunteer
Saratoga team performing three thousand nine hundred and fourteen hours of service to date, and
WHEREAS, all Volunteer Saratoga membeis have unique talents, but some players aze all-stazs, including:.
- Ninad Sathe, Eagle Scout Awazd candidate, who designed and supervised the installation of an energy efficient
drip irrigation system in the Saratoga Community Pre-School gazden
- Jonathan Yip, Eagle Scout Awazd recipient, who organized and directed the construction of attractive and
functional planter boxes in the Saratoga Community Pre-School gazden
- Jonathan Sifferman, Eagle Scout candidate, managed the assembly of benches fofthe City's downtown and
painted two bollazds to be installed at Beauchamp Pazk
- Kristie Liddie and Julia Anderson, Girl Scout Silver Awazd candidates, who imagined and created a beautiful
mural at the Saratoga Community Pre-School
- Derek Chang and Stephen Stek, who tackled the unthinkable, organizing the City's basement files
- Stephanie Sturgill, who so enjoyed fulfilling her school's community service requirement at City Hall that she
returned to volunteer the summers of 2001 and 2002
- Betty Feldheym, who has served admirably on the Citizen's Advisory Committee to the County's Housing and
Community Development Program since 1997
- William Stanton, an Adminisffaffon of Jusflce student at West Valley College, who volunteered over one
hundred hours assisting the City's Community Service Officer
- Debbie Kang, a junior from Castilleja School, who provided fifty hours of clerical assistance including
compiling community survey results
- Saratoga Radio Amateur Civil Emergency Service for contributing to the security and safety of the entire
community
- Mayor Nick Sffeit and Vice Mayor Ann Waltonsmith, both whom participated in the Wild Cat Creek clean-up
WHEREAS, this year's most valuable player awazd winner is shared by Captain Ken Fisher and his family who have
generously supplied, seasonally planted, and conscientiously tended to the Sazatoga Historical Gardens since1997,
NOW, THEREFORE, I, THE MAYOR OF SARATOGA, on this occasion of National Volunteer Appreciation Week,
Apri127 through May 3, in appreciation hereby commend each and every member of Volunteer Saratoga who ...come
through in the clutch.
WITNESS MY HAND AND THE SEAL OF THE CTI'Y OF SARATOGA on this rho 16th day of Apri12003.
Nick Sffeit, Mayor
City of Saratoga
SARATOGA CITY COUNCIL .°~°~
~~
MEETING DATE: April 16, 2003 AGENDA ITEM: '~,.F
ORIGINATING DEPT: City Mana er .CITY MANAGER: ~~~;`--~-------
PREPARED BY: C DEPT HEAD:
SUBJECT: Presentation -Santa Clara County Comprehensive Expressway Planning
Study
RECOMMENDED ACTION:
Accept report and direct staff accordingly.
REPORT SUMMARY:
On March 25, 2003;. the County of Santa Claza Boazd of Supervisors released the Comprehensive
County Expressway Plamung Study for city and public review.
Dawn Cameron, County of Santa Clara/Roads and Airports Department, will be briefing the City
Council on .the Expressway Study Draft Plan and specific recommendation for Lawrence
Expressway in the Saratoga area. .
Ms. Cameron will also be requesting the Council agendize an action item to endorse the
Expressway Draft Plan at the May 7, 2003 City Council meeting.
FISCAL IMPACTS:
N/A
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
N/A
ALTERNATIVE ACTION:
N/A
FOLLOW UP ACTION:
If directed by Council agendize action item to endorse the Expressway Study Draft Plan at the
May 7, 2003 meeting.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
N/A
ATTACHMENTS:
Attachment A -Memo from Don Cohen
Attachment B -Draft Implementation Plan
Attachment C -Maintenance, operations & Aesthetics
Attachment D -Lawrence Expressway
2 of 2
'~ County of Santa Clara
Roads and Airports Department
• l07 Skyport Drive
San lose, California ss I I O
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April 7, 2003
TO: Mayor Streit and Councilmembers, City of Sazatoga
FROM: Dan Collen, Project Manager
Comprehensive County Expressway Planning Study
SUBJECT: Expressway Study Draft Plan
On March 25, 2003, the County of Santa Claza Board of Supervisors released the Comprehensive County
Expressway Planning Study for city and public review. This Study will serve as a long-range strategic plan
for the improvement and maintenance of the expressways. Policy input for the Study is provided by a Policy
Advisory Board (PAB), chaired by Santa Clara County Supervisor James T. Beall, Jr. Vice Mayor Ann
Waltonsmith serves on the PAB as Sazatoga's representative.
We are requesting official city comments and endorsement of the Draft Plan. At your Council meeting on
April 16, we will provide a brief presentation about the Draft Plan and specific recommendations for
Lawrence Expressway in the Saratoga area. Attached for your information aze summaries of the Draft
Plan and Lawrence Expressway recommendations. The full text of the Draft Plan is available on the
Study's web site: www.expressways.info.
We look forward to attending your City Council meeting on April 16, 2003.
Board of supervisors: Donald F. Gage, Blanca Alvarado, Pete McHugh, James T. Beall JC, Liz Kniss
County Executive: Richard Wittenberg
,~
SARATOGA CITY COUNCIL
,~,, ~, ~r
MEETING DATE: Apri116, 2003 AGENDA ITEM: ~~ ~
ORIGINATING DEPT:~ity Manager CITY MANAGER: ~/~--~L~~-~----
PREPARED B~~ bEPT HEAD:
SUBJECT: City Council Minutes
RECOMMENDED ACTION:
Approve minutes.
REPORT SUMMARY:
Approve minutes as submitted for the. following City Council Meeting:
Regular meeting -April 2 , 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 Apri12, 2003.
.MINUTES
SARATOGA CITY COUNCIL .
APRIL 2, 2003
The City Council of the City of Saratoga met in Closed Session, Administrative ,
Conference Room. 13777 Fruitvale Avenue at 6:00 p.m:
Conference With Labor Negotiators (Gov't Code 54957.6):
Agency designated representatives: Lorie Tinfow, Assistant City Manager &
Jesse Baloca, Administrative Services Director
Employee organization: SEA
Conference With Labor Negotiators (Gov't Code 54957.6):
Agency designated representatives: Daue Anderson, City Manager
Employee organization: SMO
Conference With Legal Counsel -Existing Litigation:(Govemment Code section
54956.9(a)) (one case)
Conference with Legal Counsel -Threatened Litigation: Significant exposure to
litigation pursuant to Government Code section 54956.9(b): (2 potential case)
MAYOR'S REPORT ON CLOSED SESSION - 7:00 p.m.
Mayor Streit reported there was Council discussion but no action was taken.
Mayor Streit called the Regular City Council meeting to order at 7:05 p.m. and lead the
Pledge of Allegiance.
ROLL CALL
PRESENT: Councilmembers Stan Bogosian, Kathleen King,
Norman Kline, Vice Mayor Ann Waltonsmith,
Mayor Nick Streit
ABSENT: None
ALSO PRESENT: Dave Anderson, City Manager
Lorie Tinfow, Assistant City Manager
Richard Taylor, City Attorney
Cathleen Boyer, City Clerk
John Cherbone, Public Works Director
Jesse Baloca, Administrative Services Director
Cary Bloomquist, Administrative Analyst
~J
REPORT OF CITY CLERK ON POSTING OF AGENDA FOR APRIL 2, 2003
Cathleen Boyer, City Clerk, reported that pursuant to Government Code Section 54954.2,
the agenda for the meeting of April 2, 2003 was properly posted on March 28, 2003.
COMMUNICATIONS FROM COMMISSIONS & PUBLIC
ORAL COMMUNICATIONS
The following people requested to speak at tonight's meeting:
Jack Lucas, Vice PresidentBoard of Trustees for West Valley Mission College District,
Zena Way, Moter Sereno,
None
CEREMONIAL ITEMS
lA. PROCLAMA7CION -SUPPORTING OUR TROOPS
STAFF RECOMMENDATION:
Read proclamation.
Mayor Streit read the proclamation.
1B. COMMENDATION -CONGRATULATING THE SOTn ANNIVERSARY
OF JUNIOR ACHIEVEMENT OF SILICON VALLEY & MONTEREY
BAY
STAFF RECUMMENDATION:
Present commendation.
Mayor Streit read the commendation and presented it to a representative from the
Junior Achievement of Silicon Valley & Monterey Bay.
1C. COMMENDATION -CONGRATULATING MEERA PATEL/GIRL
SCOUT TROOP 321 FOR RECEIVING HER GOLD AWARD
STAFF RECOMMENDATION:
Read proclamation.
Mayor Streit acknowledged the commendation.
~~
SPECIAL PRESENTATIONS
None
CONSENT CALENDAR
2A. CITY COUNCIL MINUTES -MARCH 20, 2003 .
• STAFF RECOMMENDATION:
Approve minutes.
KLINE/ WALTONSMITH MOVED TO APPROVE COUNCIL MINUTES OF
MARCH 20.2003. MOTION PASSED 5-0.
2B. REVIEW OF CHECK REGISTER
STAFF RECOMMENDATION:
Approve check register.
KLINE/ WALTONSMITH MOVED TO APPROVE THE CHECK
REGISTER. MOTION PASSED 5-0.
2C. PLANNING ACTION MINUTES -MARCH 26, 2003
STAFF RECOMMENDATION:
Note and file.
KLINE/ WALTONSMITH MOVED TO NOTE AND FILE PLANNING
ACTION MINUTES. MOTION PASSED. 5-0.
2D. EL QUITO PARK VERTICAL BYPASS DRAINAGE SYSTEM PROJECT
STAFF RECOMMENDATION:
Award contract.
MOVED TO AWARD DECLARE COLONY LANDSCAPE &
MAINTENANCE THE LOWEST BH)DER; AWARD CONTRACT IN THE
AMOUNT OF $69.200; AUTHORIZE STAFF TO EXECUTE CHANGE
ORDERS TO THE CONTRACT UP TO $7,000. MOTION PASSED 5-0.
2E. EL QUITO PARK IRRIGATION RENOVATION PROJECT
STAFF RECOMMENDATION:
Awazd contract.
KLINE/ WALTONSMITH MOVED TO AWARD DECLARE COLONY
LANDSCAPE & MAINTENANCE THE LOWEST BIDDER; AWARD
CONTRACT IN THE AMOUNT OF $54,000: AUTHORIZE STAFF TO
EXECUTE CHANGE ORDERS TO THE CONTRACT UP TO $5,500.
MOTION PASSED 5-0.
PUBLIC HEARINGS
None.
• OLD BUSINESS
4. SARATOGA LIBRARY PROJECT UPDATE
STAFF RECOMMENDATION:
Informational only.
Lorie Tinfow, Assistant City Manager, presented staff report.
Assistant City Manager Tinfow reported that following:
• BudEet Status - $14,464,600 - (total costs both committed and change
requests)
• Construction Schedule -completion date of April 15, 2003 partly due to
the delays with PG& E.
Mayor Streit thanked Assistant City Manager Tinfow for her report.
GARDNER PARK/WILDCAT CREEK TRAIL UPDATE
STAFF RECOMMENDATION:
.Informational only.
Cary Bloomquist, Administrative Analyst, presented staff report.
Analyst Bloomquist explained that after hearing public testimony at the November
20, 2003 City Council meeting, Council directed staff to reopen the pathway and
to develop a Joint Use Agreement with the Santa Clara Valley Water District for
this purpose. In addition Council directed staff to form a task force to discuss
resident's issuers and to bring forward, upon conclusion of the meetings,
recommendations addressing the concerns of those opposed to it.
Analyst Bloomquist explained that the Gardiner Park/Wildcat Creek Trail Task
Force held meetings on January 23 and March 6, 2003. These meetings were well
attended, and input supporting and opposing the reopening of the trail was
documented as follows:
• Opposition issues of concern from reopening: Safety, security, privacy,
liability, crime, traffic litter, alcohoUdrug use, decrease in property value.
• Advocate issues and reasons for reopening: Safety, security, public access
to park, recreation, exercise, enjoyment of nature, transportation, closed
without proper notice.
Analyst Bloomquist explained that at the January 23 meeting, the task force
requested the water district completed a survey defining the property lines along
the pathway. The water district completed this survey and presented it at the
March 6 meeting. The survey showed slight variations in property lines when
.compared to the existing location of fences along the pathway. Non of the
variations are significant enough to prevent pathway from rumung between the
creek and property boundaries, so the task force commenced the process and make
the following recommendations:
1. "Turn back the hands of time" and restore the area to the condition .
it was prior to placement of the fences by the District. Do not .
renter into a joint use agreement or make any physical .
improvements to the trail. Take down the fences and reopen the
trail.
2. The Cit enters into a joint use agreement with the District and take
down the fences and reopens the trail but does not make any
physical improvements to it.
3. The city enters into a joint use agreement with the District and takes
down the fences and reopens the trail with improvements consistent
with trail standards. listed in teh4 1991 Parks and Trails Master
Plan.
Analyst Bloomquist explained that the task force recommendations were made
pending feedback from the District. The task force representative from the District
was not ale to support or deny the recommendations without forwarding them to
his legal department. Staff informed the District that their finding s should be
made before April 18, 2003. The task force will meet and make its fmal
recommendations to Council pending receipt of the Districts legal department
review.
Councihnember Bogosian stated that this trail has been used for at least 30-40
years. Councilmember Bogosian requested that a date be set in order to assure the
community thaYthis access will be reopened. Councilmember Bogosian stated that
it should be opened be June Ist
Mayor Streit suggested that staff bring back the task force recommendations to
Council at the May 21S` City Council meeting in order to get the trail reopened by
June ls`
Consensus of the City Council to direct staff to bring back the task force
recommendations on May 21, 2003.
6. CLARIFICATION OF CITY CODE SECTION 2-12.13 ATTENDANCE
STAFF RECOMMENDATION:
Accept report and direct staff accordingly.
Cathleen Boyer, City Clerk, presented staff report.
City Clerk Boyer stated that on March 6, 2002 the City Council adopted Ordinance
203, which among other things established attendance requirements for the City
Commissions. The section failed to anticipate the need to provide clear direction
to the Chairs regarding what activities qualified for granting permission to •
individual Commissioners to miss meetings. Consequently, some Commissioners
have had numerous absences that had been permitted by the Chair, but absent
nevertheless.
~ Consensus of the City Council to direct the Mayor to discuss the absentee
problems with the Commission Chairs and direct them accordingly.
. 7. CITY COUNCIL MEETING LOCATIONS
STAFF RECOIVIMENDATION:
Accept repot and direct staff accordingly
Joan Pisani, Recreation Director, presented staff report.
Director Pisani stated that for years the City Council have been unhappy with
having their meetings in the Saratoga Civic Theater. The Council has received
numerous complaints from the public about the placement of the City Council and
Planning Commission on the stage, five feet above someone addressing them from
their position. Staff was directed to explore other meeting location options to see if
there would be; a more preferable setting for the Wednesday night meetings.
KSAR toured each facility with staff and was asked to provide their input on each
location.
Director Pisani explain each facility as follows:
FellowshiRHa11 at the North CamRus
• Capacity of the large room is over 350
• Would need upgrading approximately $260,000
• 98 parking spaces
• • 4 miles away from City hall
Librarv Comnnunity Room
• Capacity of 1290
• No improvements necessary
• Used by nonprofit groups
• Library Commission and Friends of the Saratoga Library oppose this type
of use
• KSAR would need to utilize more of the storage azeas and
• KSAR equipment costs approximately $150,000
Civic Theater
• Built in 1964
• Not many upgrades in 40 yeazs
• 300 seats
• Used 250 timerper year for theatrical performances or rehearsals
• Take down and set up of Council dais is tome, consuming
• KSAR equipment is fine but would like new cameras, video equipment,
sound system and presentation equipment
• No stafi.'on location
6
New Council Chambers "
• Was included in the Civic Center Master Plan,
• Small addition to City Hall approximately 7,800. square feet •
• $2.9 million to construct ,
• Smaller version approximately 3,500 square feet is about $700,000
• KSAR supported this option the best
Councilmember Bogosian asked why wasn't the Administrative Room at the
North Campus listed as an option.
Director Pisani stated that the size is too restricted - it only holds 70 people.
Councilmember Kline stated that at the last meeting the public had two
misconceptions; 10 City Council did not want to have all commissions meetings in
the Library Community Room just the Planning Commission and the City Council
2) the Library Community Room is not wired for KSAR. Councilmember Kline
noted that although he agrees that the City should have a separate Council
Chambers, now is not the time to be spending money.
Vice Mayor Waltonsmith stated that she does not like using the Civic Theater as a
Council Chambers and has heard throughout the years that citizens are intimidated
to approach the Council because of the set up. Vice Mayor Waltonsmith stated
that sooner or later the problem has to be addressed.
Although she doesn't like using the Civic theater as a Council Chambers, •
Councilmember King stated that she doesn't see the Council spending money on
an addition to City Hall any time soon.
Ed Hand, 101 Craig Avenue, Los Gatos, noted that he represented the West Valley
Light Opera Group. Mr. Hand stated that the Opera Group has had a good
working relationship with the City since 1964. Mr. Hand stated that the two
groups, West Valley Light Opera Group and the Saratoga Drama Group have at
least six productions per year. Mr. Hand explained that before every Council or
Planning Commission meeting it takes 6-8 hours to take down all oft heir sets and
after the meetings it takes another 6-8 hours to put them back up again for their
next performance. Mr. Hand stated that the drama groups are in favor of the
Council relocating to another facility.
Scott KSAR/Bngineer, stated that the equipment in the Senior Center is
technically inferior to the equipment used in the theater. The mixer would be the
only piece of equipment that would be worth keeping and using in the theater.
KLINE/WALTONSMITH MOVE TO
BY THE COUNCIL TO HOLD MEETINGS. MOTION PASSED 5-0.
7
~ Consensus of the City Council to direct staff to:
1, Contact KSAR to prepare a cost proposal on upgrading the current
equipment to last 3-5 more years.
2. Prepare a cost proposal to build a bare minimum civic auditorium/Council
Chambers addition to city hall.
8. XEROX AND KYOCERA DIGITAL COPIER MACHINES LEASE
AGREEMENT
STAFF RECOIVIMENDATION:
Authorize City Manager to execute lease agreements.
Jesse Baloca, Administrative Services Director, presented staff report.
Director Baloca stated that the City of Saratoga has been leasing a Xerox 5100
since 1997. This machine is an analog copier. Although this machine is meeting
the City's needs, there are many drawbacks such as the higher emission of heat
and fumes into the air, lack of energy efficiency, and cost of required "Xerox"
paper. Maintenance concerns have also increased where staff has experienced
more jamming and downtime during repairs. A common response and repair time
would be up to 4 hours or more depending on the issue. Replacement parts may
need to be specially ordered since there are. limited supplies to older machines.
This can effect the copying of council packets and prompt delivery. The City's
lease agreements have recently expired and we are currently on month-to-month
basis.
• Director Baloca stated that last October 2002, a committee was assigned to
investigate the possible purchase and/or lease of a new copy machine. Ben Cheng,
Kristen Borel, Ann Sullivan, Julie Ingraham, and Cathleen Boyer researched many
copiers currently on the market. The committee invited four companies to provide
copy machines comparable to the current large Xerox 5100 and smaller Xerox
machines, on a triaLbasis. Those companies were Xerox, Kyocera, Toshiba, and
OCE.
Director Baloca stated that the primary factors used for consideration of a new
machine were pricing, company reliability, functionality, capability, ease of use,
customer service support and whether the overall needs of the City will be
addressed.
Director Baloca stated that the committee is recommending the new Xerox DC
490ST to replare the current larger copier for the following reasons:
• The base monthly lease cost of Xerox is least expensive among the 3
companies and is offered at the rate less than the City's current Xerox
machine, providing a monthly savings of $836;
• The base monthly lease cost also includes network capabilities to our
computer servers as well as maintenance cost;
• Staff has been satisfied with the previous Xerox maintenance support and
believes they will continue providing strong customer service;
• Offers the most capabilities and ease of functionality.
8
Director Baloca stated that the Committee is recommending the new Kyocera KM-
2030 machine to replace the current smaller copier for the following reasons:
• The base monthly .lease cost of the Kyocera is least expensive among the 3 ~
companies and is offered at the rate less. than the. City's current Xerox
machine, providing a monthly savings of $54;, •
• Has higher capabilities. than the existing machine such as ability to sort,
more memory, higher resolution, and is energy efficient:
AUTHORIZE CITY MANAGER TO EXECUTE LEASE AGREEMENTS:
MOTION PASSED 5-0.
COMMISSION ASSIGNMENT REPORTS
Councihnember Bogosian stated that in regards to the Village Green Task Force the 2nd
survey has been sent out.
CITY COUNCIL ITEMS
Councilmember Kline requested that the Mayor assign two Councilmembers to work
with the Heritage Preservation Committee to establish historic criteria for buildings in
Saratoga.
Consensus of the City Council to appoint Vice Mayor Waltonsmith and Councihnember
Kline to the adhoc committee to work with the Heritage Preservation Commission to
establish historic criteria.
OTHER
None
CITY MANAGER'S REPORT
None
ADJOURNMENT
There be no further business Mayor Streit adjourned the meeting at 8:20 p.m.
Respectfully submitted,
Cathleen Boyer, CMC
City Clerk
~J
SARATOGA CITY COUNCIL
~~
«~~~ ~~_
MEETING DATE: Apri116, 2003 AGENDA ITEM: /' ~
ORIGINATING DEPT: Administrative Services CITY MANAGER: C/~ti~--L---
PREPARED BY: ~ ~Xr"~~ DEPT HEAD•
SUBJECT: Check Register: 4/03/03
RECOMMENDED ACTION(S):
Approve the Check Register.
REPORT SUMMARY:
Attached is the Check Register.
FISCAL IMPACTS:
None
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S):
None
ALTERNATIVE ACTION(S):
None
FOLLOW UP ACTION(S):
None
ADVERTISING, NOTICING AND PUBLIC CONTACT:
None
ATTACHMENTS:
Check Register Certification.
L.._.~I
I Fund#
L Fund Name Date
4/3/2003 Manual
Checks Void
Checks
AP CHECKS A92236-92355
1 GENERAL 91,402.40 (919.38)
100 COPS-SLESF
110 Traffic Safety
150 Streets & Roads 10,019.53
160 Transit Dev
170 Hillside Repair
180 LLA Districts 650.00
250 Dev Services 20,833.30 (900.04)
' 260 Environmental 8,664.54
270 Housing & Comm
290 Recreation 7,966.55 1,570.00
291 Teen Services 381.95
292 Facility Ops 1,762.75
293 Theatre Surcharge
300. State Park
310 Park Develpmt
320 Library Expansion :148,764.68
351 Public Safety 21,317.82"
352 Infrastructure 2,250.31
353 Facility 3,000.00
354 Park and Trail, 64,687.79
400 Library Debt
410 Civic Cntr COP
420 Leonard Creek 317.80
700 Quarry Creek
710 Heritage Prsvn
720 Cable TV
730 PD #2
740 PD #3 371.27
800 Deposit Agency
810 Deferred Comp
830. Payroll Agency
990 SPFA
1,570.00 (1
PAYROLL CHECKS: 628938-28965.
TOTAL
Prepared by:
~lG~z/~ ~/ii
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SARATOGA CITY COUNCIL
N,~.
MEETING-DATE: April 16, 2003 AGENDA ITEM /~ /~~
DEPT: Communitybevelopment CITY MANAGER: +~'~G~~
PREPARED BY: Kristin Borel DEPT HEAD:
SUBJECT: Planning Commission Actions, Apri19, 2003
Note and file.
ACTION(S):
REPORT SUMMARY:
Attached are the Planning Commission Action Minutes of Apri19, 2003
FISCAL IMPACTS:
N/A
CONSEQUENCES OF IVOT FOLLOWING RECOMMENDED ACTION(S):
N/A
ALTERNATIVE ACTION(S):
N/A
FOLLOW UP ACTION(S):
N/A
ADVERTISING, NOTICING AND PUBLIC CONTACT:
N/A
ATTACHMENTS:
Action Minutes -Saratoga Planning Commission
CITY OF SARATOGA PLANNING COMMISSION
ACTION MINUTES
DATE: Wednesday„ Apri19, 2003 - 7:00 p.m.
PLACE: Council Chambers/Civic Theater, 13777 Fnaitvale Avenue, Saratoga, CA
TYPE: Regulaz Meeting
RoLI. CALL: Commissioners Barry; Garakani, Hunter, Nagpal, Schallop, Uhl and Zutshi
Absent: Commissioner Hunter
Staff: Planners Livingstone &c Welsh, Director Sullivan and Minutes Clerk Shinn
PLEDGE OF ALLEGIANCE
ELECTION OF A NEW PLANNING COMMISSION CHAIR AND VICE-CHAIR (CONTINUED TO NEXT MEETING)
MINUTES: Draft Minutes from Regulaz Planning Commission Meeting of March 26, 2003. (CONTINUED TO
MAY 14, 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 f rom ducussirig or taking action on such items. However,
thePlanningCommission may instruct staff accordingly regardingOral Communications underPlanningCommissiondirection toStaff.
REPORT OF POSTING AGENDA
Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on Apri13, 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 appear 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 heazing(s) described in this agenda, or in written
correspondence delivered to the Saratoga Planning Commission at, or prior to, the public hearing. In order
to be included in the Planning Commission's information packets, written communication should be filed on
or before the Monday, a week before the meeting.
APPLICATION #02-062 (Building Site Approval) ~ #02-213 (Lot Line Adjustment), (503-
13-134 thru 137) - HORVATH, 22122 Ivlt. Eden Road; -The proposed lot line adjustment
involves an equal transfer of area between abutting parcels. The lot line change is proposed to
create a separate access. lane for the landlocked rear parcel, which presently gains access via an
easement over the frontage parcel. The new access lane would require a bridge to be constructed
100 feet east of the existing shared access bridge, which spans Calabasaz Creek. The lot line
adjustment involves transfer of 13,910 square feet to A.P.N. 503-13-134 which is owned by Judy
Chapel from A.P.N. 503-13-136 and 137 which is owned by Frank Horvath. The lot line adjustment
also involves transfer of 13,910 square feet from A.P.N. 503-13-135 and 134 owned by Judy Chapel
to A.P.N. 503-13-137 which is owned by Frank Horvath. (ANN WELSH AND THOMAS SULLIVAN)
(NEGATIVE DECLARATION APPROVED 6-0, LOT LINE &r BSA APPROVED 6-0)
2. APPLICATION #O1-039 (APN 503-15-065) - HOUSE/OLSEN, Pazcel 1, .Old Oak Way; -
RequestApproval for Design Review and Grading over one thousand cubic yards to construct a new
two story 7,904 square foot house on a vacant lot. The gross lot size is 11.56 acres and zoned Hill Side
Residential. The maximum height of the residence will be approximately 24 feet. (JoxN
LIVINGSTONE) (APPROVED 6-0)
3. APPLICATION #O1-040 (APN 503-12-041) - HOUSE/CARGILL, Pazcel 2, Old Oak Way; -
RequestApproval for Design Review and Grading over one thousand cubic yards to construct a new
two story 6,647 square foot house on a vacant lot. The gross lot size is 4.24. acres and zoned Hill Side
Residential. The maximum height of the residence will be approximately 26 feet. (joxN
LIVtNGSroNE) (APPROVED 6-0)
4. APPLICATION #03-0.>2, (CITYWIDE) -CITY OF SARATOGA; -Multiple Zoning Ordinance
Amendments updating various sections of the 15-12: R-1: Single Family Residential Districts, 15-45:
Design Review: Single Family Dwelling and Chapter 14 -Subdivisions. The proposed amendments
to Article 15-12 provides for consistency between ordinance requirements and long time practices as
well as simplifying the rules. The amendments to Article 15-45: Design Review provides
streamlining and clarity. The amendments to the Subdivision Ordinance updates the Director's title
and removes references to the Building Site Approval process. (THOMAS SULLIVAN) (CONTINUED
TO MAY 14)
DIRECTORS ITEM
- None
COMMISSION ITEMS
Discuss site visit time (CHANGED TO TUESDAYS AT NOON)
COMMUNICATIONS
WRITTEN
Letter from Mark Snow regarding Edencrest Lane with site plan. (TO BE PLACED ON A
FUTURE AGENDA)
City Council Minutes from Special Meetings on March 20, 2003
ADJOURNMENT AT 10:10 PM TO THE NEXT MEETING
- Wednesday, Apri123, 2003, at 7:00 p.m. in the Councff Chambers/Civic Theater
13777 Fruitvale Avenue, Saratoga, CA
IE you would like to receive the Agenda's via e-mail, please send your e-mail address to planning@sarato ag ca.us
SARATOGA CITY COUNCIL
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MEETING DATE: April 16, 2003 AGENDA ITEM: /~
ORIGINATINGDEPT: Public Works CITY MANAGER: (l/~L=~--~-'
' PREPARED BY: ~~ DEPT HEAD: ~ ~.~.
SUBJECT: Quito-Road. Bridge Replacement Project, C.L1' No. 9111
Amendment of Cooperative Agreement, Amendment of Standard
Contractual Services Agreement
RECOMMENDED ACT]fON(S):
1. Authorize City Manager to execute Amendment of Cooperative Agreement between the
City of Saratoga, the Town of Los Gatos, and the Santa Clara Valley Water District for
' the Quito Road Bridge Replacement Project.
2. Authorize the City .Manager to execute Amendment of Standard Contractual Services
Agreement between the City of Saratoga and A-N West, Inc.-for engineering services for
the Quito Road Bridge Replacement Project.
.REPORT SUMMARY:
.This project will replace .rivo substandard bridges on Quito Road; one south of Old Adobe Road
and. one north of Old Adobe Road. The. project is a Federal-Aid Project funded through the
Highway Bridge Rehabilitation and Replacement (I-IBRR) Program. The HBRR Program provides
funding for 80% of the cost. of the project while the remaining 20% is shazed equally between the.
- City of Saratoga (Saratoga), the Town of Los Gatos (Los Gatos); and the Santa Claza Valley Water
District (Water District).
On June.19, 2001; the City Council approved a Cooperative Agreement between Saratoga, Los
. Gatos and the Water District conceming the cost sharing agreement. The City of Saratoga is the
lead agencyfor the project, which involves overseeing the design, environmental work, right-of--
way acquisition, and construction. In addition, the City Council approved a Standazd Contractual
Services Agreement between the. City of Saratoga and A-N West, Inc. concerning professional
consulting services related fo the referenced project.
During,the development of the project, it became clear, that the scope of the project increased. This
wa's. due' mainly to the increase in the bridge elevation and associated channel improvements
required to convey 100-year flood. In addition, in order to save and.protect the existing significant
mature oak trees at the northern bridge, the road approach required r8alignment.
The City of Saratoga formally requested and received an increase in the HBRR Program fund
allocation for preliminary engineering phase (PE) of the project in the amount of $525,000.'The .
estimated cost of the project increased from $1,610,000 to $2,335,,000 and the corresponding local
agency shares increased from $107,334 to $155,667.
The Amendment of Cooperatve Agreement between Saratoga, Los Gatos, and the Water District
reflecting the cost increase has been executed by both Los Gatos and the Water .District.
Furthermore, the Amendment of Standard Contractual Services Agreement between Saratoga and
A-N West, Inc. is attached.
The City Attorney has reviewed both the amendment to the cooperative agreement and the contract.
FISCAL IMPACTS:
Sufficient funding is available in the adopted CIP budget to cover the increase in the project costs
and the City's share.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S):
..The Amendment of Cooperative Agreement and the Amendment of Standard Contractual
Services Agreement would not be executed.
ALTERNATIVE ACTION(S):
N/A
FOLLOW UP ACTION(S):
The City will forward the executed Amendment. of Cooperative Agreement to Los Gatos and
District as•well as the executed Amendment of Standard Contractual Services Agreement to A-N
West, Inc. .
ADVERTISING, NOTICING AND PUBL" IC CONTACT:
N/A
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• ATTACHMENTS:
1. Amendment of Cooperative Agreement
2. Cooperative Agreement
3. Amendment of Standard Contractual Services Agreement
4. Standard Contractual Services Agreement
5. Form E-76 Authorization to Proceed with PE phase prepared by Department of
Transportation
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` f~ i'r;;Fl :1't;jtigjq CLERK
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AMF.NDMFNT (~F C(1nPF.RATiVF. AC.RF.F,MF;~....
CONCERNING QUITO ROAD BRIDGE REPLACEMENTST
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WHEREAS, the CITY OF SARATOGA ("Saratoga', the TOWN OF LOS GATOS ("Los
Gatos', and the SANTA CLARA VALLEY WATER DISTRICT ("District's have entered into a
certain Cooperative Agreement dated June 19, 2001, concerning the replacement of two bridges on
Quito Road which cross San Thomas Creek, identified as Bridge No. 37C0113 and Bridge No.
37C0114 ("the Projecf~; and
WHEREAS, the Cooperative Agreement provides in paragraph 2.d allocation of the Project
cost to be as follows:
TOTAL HBRR
ESTIMATED FUNDS
C'(~ST (R~ CARAT(lC,A T.nS ~ATnC T~TSTRTrT
BRIDGE 37C-0113 $805,000 $644,000 $53,667 $53,667 $53;666
BRIDGE 37C-0114 RROS ()0(1 ~an,nnn $53,662 $S3,6bZ $5't,fiFh
$1,610,000 $1,288,000 $107,334 $107,334 $107,332
and
WHEREAS, the Cooperative Agreement provides in paragraph 10 for a termination on
October 1, 2002, in the event a contract for construction of the Project is not awarded by such date;
and
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WHEREAS, Cooperative Agreement states in paragraph 3.b, that the-Town Council of
Los Gatos authorizes Parks and Public Works Director, to provide any approvals
required under the•Agreement on behalf of Los Gatos; and
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WHERF,AS, the parties desire to extend the Cooperative Agreement as hereinafter set forth,
NOW THEREFORE, the undersigned parties hereby agree to amend the Cooperative
Agreement. as follows:
1. In paragraph 2.d the total project cost allocation between the parties shall be as follows:
TOTAL HBRR
ESTIMATED FUNDS
~nCT ~)
BRIDGE 3'7C-0113 $1,167,500 $934,000
BRIDGE 37C-0114 $1,167T500 Qe~a~.nnn
$2,335,000 $1,868,000
$77,833 $77,833 $77,834
$27.,83-3 77,R'i3 $77,R'i4
$155,666 $155,666 $155,668
2. In paragraph 10 the date of termination of Agreement shall be extended to December 1,
2004.
In paragraph 3.b the person authorized by the Town Council of Los Gatos to provide
any approvals required under the Agreement on behalf of Los Gatos shall be Kevin
Rohani, the Town Engineer.
Except as herein modified, the Cooperative Agreement is declared to be in full force and
effect.
APPROVED AS TO FORM:
Saratoga City Attorney
A TTT(1T.
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APPROVED AS TO FORM:
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Los Ga os City Attorney
CITY OF SARATOGA
By ` \
Mayor
By
Mayor // //
ATTEST: (/
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`~n~~ ° `1Fo~ Cler'.~c
APPROVED AS TO FORM:
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Water strict C-eon-eKra-1 Co~msel
SANTA CLARA VALLEY WATER
DISTRICT
B `--~ ^ CCU ~ C~~'J2~,C.
ATTEST:
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TOWN OF LOS GATOS
ENACTED COPY .Contract Admin. ~ Unit
AGMT.#A.245as Req.# ~-~
COOPERATIVE AGREEMENT
CONCERNING QUITO ROAD BRIDGE REPLACEMENTS
THIS AGREEMENT, dated June 19, 2001 , by and between ~ ..
the CITY OF SARATOGA, a municipal corporation ("SARATOGA"), the-TOWN OF
LOS GATOS, a municipal corporation ("LOS GATOS"), and the SANTA. CLARA
VALLEY WATER DISTRICT, a public agency of the State of California ("District"),
is made with reference to the following facts:
A. Pursuant to the Federal Highway Bridge Replacement and Rehabilitation
Program ("HBRR"), Sazatoga has applied for and received a commitment for the
Califomia Transportation Commission to allocate HBRR funds for participation .in the
replacement of two. bridges on Quito Road which cross San Tomas Aquino Creek,
identified as Bridge No. 37C0113 and Bridge No. 37C0114 (" the Project").
B. San Tomas Aquino Creek is under the jurisdiction and control of the District
and each of the bridges to be replaced crosses the common. boundary line between
Saratoga and Los Gatos.
° C. It is expected that HBRR funds will be made available for payment of eighty
percent (80%) of the total Project cost. The parties hereto have agreed to share the
remaining twenty percent (20%) of the total Project cost, as hereinafter set forth.
D. The Federal Highway Administration has granted authorization to proceed
with the Project, and approval has been granted by Caltrans to proceed with Preliminary
Engineering Design.
E. The parties desire to execute this Agreement in order to establish their
respective- rights and obligations concerning. the administration, financing and.
construction of the Project.
NOW, THEREFORE, it is agreed as follows:
1. SCOPE OF PROJECT.
The Project shall consist of the replacement of Bridge No.
37C0113 and Bridge No. 37C0114 on Quito Road neaz.Old Adobe Road including the
acquisition of any necessary right-of--way. All work shall be performed in accordance
with plans and specifications approved by Saratoga, Los Gatos, the District, and all local,
State and Federal Agencies having jurisdiction over the .Project or whose approval is
otherwise required for receipt of HBRR funds.
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2. ALLOCATION OF PROJECT COST.
(a) Each of the parties has executed this Agreement in reliance
upon the commitment by Caltrans to contribute eighty percent (80%) of the total Project
cost. In the event an agreement .for such contribution is not executed between Saratoga
and Caltrans, this Agreement shall automatically terminate and each of the parties shall
be released from any further obligation or liability hereunder.
(b) Saratoga, Los Gatos and the District agree that .the
remaining twenty percent (20%) of the total Project cost shall be divided equally between
them.
(c) The temm "total Project cost," as used in this Agreement,
shall mean the total of all direct expenditures relating to the Project, including, but not
limited to, the cost of engineering, surveys, topographic maps, geotechnic and soils
reports, environmental reviews and reports, preparation of plans and specifications,-and
preparation of bid documents; right-of--way acquisition costs; demolition and
construction costs; publication, printing and advertising costs; and personnel costs of
Saratoga staff, based upon actual time expended on the Project plus applicable indirect
and overhead expenses.
(d) Based upon the pre]iminary estimated Project cost, the
allocation thereof between the parties would be as follows:
TOTAL HBRR
ES7CIMATED FUNDS
COST 80% SARATOGA LOS GATOS DISTRICT
BRIDGE 37C0113 $805,000 $644,000 $53,667 $53,667 $53,666
BRIDGE 37C0114 $805,000 . $644,000 $53,667 $53,667 $53,666
$1,510,000 $1,288,000 $]07,334 $107,334 $107,332
If, upon the opening of bids-for the award of a construction contract, it is found that a cost
overrun of no more than ten percent (10%) of the estimated Project cost set forth above
will occur, the parties shall proceed with the Project in accordance with this Agreement if
HBRR funds are still available fot payment of eighty (80%) of the Project cost. However,
if such bids indicate that a cost overrun .exceeding ten percent (10%) of the estimated
Project cost set forth above will occur,. the parties and Caltrans will endeavor to agree
upon.an alternative course of action. If no such agreement is reached within thirty (30)
days after the opening of bids, this Agreement shall be deemed to be terminated by
mutual consent and each party shall be responsible for payment of its respective share of
the Project costs incurred to the date of termination.
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3., PROJECT ADMINISTRATION.
(a) Duties of Saratoga
Saratoga shall be the lead agency for the Project. The Director of
Public Works, shall act as Project Administrator and is authorized to provide any
approvals required under this Agreement on behalf of Sazatoga. As lead agency Saratoga
shall perform the following duties:
(I) Solicitation of proposals for engineering services and awazd of
contract.
(2) Arranging for the preparation of surveys, topographic maps,
soils and geotechnic reports as maybe required.
(3) Conduct of environmental reviews and proceedings as may be
required for CEQA and NEPA compliance.
(4) Obtaining such permits as may be required from other
governmental agencies for construction of the Project.
(S) Performance of all acts and execution of all documents as may
be necessary or appropriate for receipt of HB1ZR funds from Caltrans equal to .eighty
percent (80%) of the total Project cost.
(6) Contracting for the preparation of construction. plans and
specifications and submission of the same for review and approval by Los Gatos and the
District.
(~ Preparation of bid documents, advertisement for bids and
award of construction contract (s), subject to approval thereof by Los Gatos and the
District.
' (8) Arranging for .relocation or removal of any utility
installations that conflict with the Project.
(9) Administration of the construction contract(s), including
supervision and inspection of the work to assure compliance with the approved plans and
specifications, disbursement of .advances to the contractor(s) based upon work
satisfactorily completed, and processing of any change orders.
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(10) Issuance of final Project approval, with the concurrence of
Los Gatos and the District, and recordation of Notices of Completion. .
(b) Duties of Los Gatos
Los Gatos shall promptly review' and respond to all materials
submitted by Saratoga for review and approval in connection with the Project. No
approval in connection with the Project shall be unreasonably withheld. By approving this
Agreement, the Towri Council of Los Gatos authorizes (Name) LARRY PERLIN ,
(Title)PARKS & PUBL.IRpI~~ provide any approvals required under this Agreement on
behalf of Los Ga~os, except any approvals required pursuant to Section 6 of this
Agreement.
(c) Duties of District
District shall promptly review and respond to all materials
submitted by Saratoga for review and approval in connection with the Project. No
approval iri connection with the Project shall be unreasonably withheld.
(Name) ~,,~, A. T. a~, (Title).>y~p+h~t~,1~o (/n;?-~"?`t~os'1)istrict is authorized to
provide any approval equired under t1Sis Agreement on behalf of District.
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i 4. LIMITATION O'N POWERS OF LEAD AGENCY.
.The powers and duties herein conferred to Saratoga, as the lead
agency for the Project, shall not include the power:
(a) To make any material change in the approved plans and
specifications for the Project, except for changes necessitated by unforeseen field
conditions, without the prior written consent of Los Gatos and the District; or
(b) To enter into any contract in excess of $10,000 or increase any
contract by more than $10,000, for the performance of professional, consulting or
construction services without the prior written consent of Los Gatos and the District.
5. PAYMENT OF PROJECT COSTS.
(a) In addition to its own respective share of the Project cost, Saratoga
shall periodically advance the amounts to be paid with HBRR funds, pending a
reimbursement for such advances by Caltrans; provided, however, Saratoga may, at its
option, withhold any advance which is not legally required to be made if Saratoga has
not received full reimbursement from Caltrans for all prior advances.
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(b) Los Gatos and the District shall deposit with Sazatoga their
respective shares of the Project cost within thirty (30) days after receipt of billing from
Saratoga. A billing will be sent upon approval of this Agreement, covering all estimated
costs to be incurred until the start of construction. A second billing will be sent upon
award of the construction contract(s), covering all estimated costs to be incurred for
construction and completion of the Project.
(c) Upon completion of the Project, Sazatoga shall furnish to Los Gatos
and the District a detailed accounting of all actual Project costs. If such accounting
shows that the amounts deposited by Los Gatos. and the District pursuant to Paragraph (b)
above exceed their respective shares. of the actual Project cost, the excess shall be
reimbursed within thirty (30) days after the accounting is submitted. If such accounting
shows that the. amounts. deposited by Los Gatos and the District aze less than their
respective shares of the actual Project cost, Los Gatos and the District-shall pay the
deficiency to Sazatoga within thirty (30) days after the accounting is submitted.
6. RIGIIT-OF-WAY ACQUISITIONS.
° If it is determined that the acquisition of any right-of--way is required
for the Project, the party having territorial jurisdiction over the property to be acquired
shall be responsible for obtaining such right-of--way and conducting any proceedings that
may be necessary in connection therewith; provided, however, no contract for legal
services shall be awarded and no eminent domain action shall be commenced without the
prior approval of the other parties and Caltrans. Right-of--way acquisition shall constitute
a Project cost, to be allocated between Caltrans and the parties in accordance with the
terms of this Agreement.
7. INSURANCE REQUIREMENTS.
Saratoga shall include in any contracts awazded for design or
construction of the Project a requirement that the consultant and/or contractor, at all times
during design and construction and until final acceptance of the work, maintain in full
force and effect the following insurance policies:
(a) Broad form comprehensive liability insurance .having a
' combined single limit of not less than $ 2,000,000 per occurrence, naming Saratoga, Los
Gatos, the District, and their .respective officers, officials, boards, commissions,
employees and volunteers as insureds thereunder.
(b) For construction contracts, builder's risk insurance covering the
replacement cost of the improvements, with a loss payable clause naming Saratoga, Los .
Gatos and the District, as their respective interests may appear.
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(c) .Worker's Compensation insurance as required by state law,
together with employer's liability insurance having a coverage limit of not less than
$1,000,000 per accident.
(d) For design consultants, professional liability insurance having a
limit of not less than 01,000,000.
8. IIONDING REQUIREMENTS.
Saratoga shall require the contractor who is awarded the contract for
construction of the Project to provide performance and payment bonds in the amount of
one hundred percent (1.00%) of the contract price.
9. PROJECT RECORDS.
Saratoga shall keep and maintain a complete copy of all costs and
expenditures relating to the Project, together with a complete copy of all plans,
specifications, reports, contracts and other documents relating to the Project, and the
° same shall be availabae for inspection by Los Gatos and the District at any time during
• usual business hours.
10. TERMINATION OF AGREEMENT.
In the event a contract for construction of the Project is not awazded
by October 1, 2002, this Agreement shall terminate unless extended by mutual consent of
all parties hereto. Upon such termination, Saratoga shall refired to Los Gatos and the
District any. balance of their respective contributions remaining after deduction of the
Project costs incurred to the date of termination and payable by each party under the
terms of this Agreement. .
11. LIMITATION OF LIABILITY.
No party to this Agreement shall be responsible or liable to .any
other party or parties for any act or omission made in good faith in connection with the
performance of its duties hereunder, nor shall any party be responsible or liable for any
act or omission by any consultant or contractor retained for the performance of any
services related to the Project. The parties shall contribute equally towards any loss,
liability, expense, claim, costs (including costs of defense), suits, and damages of every
kind, nature and description directly or indirectly arising from the performance of the
Project. This pazagraph shall not be construed to exempt any party, including its
• employees and officers, from its own fraud, willful injury or violation of law whether
willful or negligent.
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12. DISPUTE RESOLUTION.
The parties shall make a good faith effort to settle any dispute or claim
arising under this Agreement. If the parties fail to resolve such disputes or claims, they
shall submit them to nonbinding mediation in Califomia. If mediation does not amve at
a satisfactory result, arbitration, if agreed to by all parties, or litigation may be pursued.
In the event any of these dispute resolution processes are involved, each party shall beaz
its own costs and attorneys fees.
13. JURISDICTION AND SEVERABILITY.
This Agreement shall be administered and interpreted under the taws of
the State of Califomia. Jurisdiction of Iitigation arising from this Agreement shall be in
that state. If any part of this Agreement is found to conflict with applicable laws, such
part shall be inoperative, null and void insofaz as it conflicts with said. laws, but the
remainder of this Agreement shall be in full force and effect.
14. ASSIGNMENT.
No party to this Agreement may assign any right or obligation pursuant to .
this Agreement. Any. attempted or purported assignment of any right or obligation
pursuant to this Agreement shall be void and of no effect.
15. PARTIES IN INTEREST.
This Agreement is entered only for the benefit of the parties executing this
Agreement and not for the benefit of any other individual, entity or person.
16: ENTIRE AGREEMENT.
This Agreement supersedes any and all agreements, either oral or written,
between the parties hereto with respect to the rendering of services by Contractor for
Authority and contains all of the. covenants and agreements between the parties with
respect to the rendering of such services in any manner whatsoever. Each party to this
Agreement acknowledges that no representations, inducements, promises or agreements,
orally or otherwise, have been made by any party, or anyone acting on behalf of any party,
which are not embodied herein, and that no other agreement,. statement or promise not
contained in this Agreement shall be valid or binding. No alteration or variation of the
terms of this Agreement shall be valid unless made in writing and signed by the parties
hereto.
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IN WITNESS WHP:REOF, the parties have executed this Agreement the day and year
first above written. '
APPROVED AS TO FORM:
SARATOGA CITY ATTORNEY
APPROVED AS TO FORM:
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LOS ATOS TOWN ATTORNEY
APPROVED AS TO FORM:
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WATE DISTRICT GENERAL COUNSEL
CITY OF SARATOGA
BY ~~~G`---
ATTEST:
TY CLERK
TOWN O L ~ TOS.
BY
L NITE, INTERIM,T0411`l MANAGER
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ATTEST: ~G/
TOW:~T CLERK
SANTA CLARA VALLEY
WATER DISTRICT
BYE"~` •t/~
ATTEST:
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AMFNT)MF,NT nF STANDARn CCINTRACTiJAi, SF,RVTCF,S AGRF,F.MF,NT .
CONCERNING QUITO ROAD BRIDGE REPLACEMENTS
WHEREAS, the CITY OF SARATOGA, a municipal corporation ("Cit}~') and A-N West,
Inc: ("Contractor") have entered into a certain Standazd Contractual Services Agreement
("Agreement") dated December 15, 1999, concerning professional consulting services related to the
replacement of two bridges on Quito Road which cross San Tomas Creek, identified as Bridge No.
37C-0113 and Bridge No. 37C-0114 ("the Project");
WHEREAS, several parts of Agreement and Exhibits require revision; and
WHEREAS, the parties desire to amend Agreement as hereinafter set forth.
NOW THEREFORE, the undersigned parties hereby agree to amend Agreement as follows:
1. Paragraph 7. NnTTCF,S shall be amended as follows:
Any written notice to Contractor shall be sent to:
A-N West, Inc.
Attn: Thomas M. Palmerino •
3095 Richmond Parkway, Suite 201
Richmond, CA 94806-5720
Any written notice to City shall be sent to:
City of Saratoga
Attn: John Cherbone, Public Works Director
13777 Fruitvale Avenue
Saratoga, CA 95070
2. Exhibit A, PART R, RA4T[' RRRVTC F.C, pazagraph 3.c shall be amended as follows:
Arrange for and oversee the application and processing of required environmental
documentation to obtain both California Environmental Quality Act (CEQA) and
National Environmental Policy Act (NEPA) clearances for this project per Tasks 3a,
3c, 3d, 3f, and 3g as specified on Exhibit B-1.002. Scope does not include Initial
Study/ Negative Declaration. See Supplemental Services.
3. Exhibit A, PART R_ ST7PPT.F.MFNTAT. RF.RVTC'F.S -items No. 9 and 10 shall be
added as follow:
9. Prepare necessary CEQA documentation. •
10. Coordinate with City regarding right-of--entry agreements as well as access to
private properties adjacent to project area.
4. Exhibit B -PAYMENT SCHEDULE. The first sentence shall be amended as follows:
City shall pay Contractor an amount not to exceed the total sum of $481 000 for
services to be performed and reimbursable costs incurred pursuant to this .
Agreement.
5. Exhibit B-1 dated .December 3, 1999, shall be replaced by Exhibit B-1.002 dated
December 17, 2001. In addition, all references to Exhibit B-1 throughout Agreement
shall be revised to references to Exhibit B-1.002.
Except as herein modified, Agreement is declared to be in full force and effect.
APPROVED AS TO FORM:
Sazatoga City Attorney
APPROVED AS TO BUDGET:
~e Director
CITY OF SARATOGA
By
Mayor
ATTEST:
City Clerk
CONTRACTOR
A-N West, Inc.
Thomas M. Pahnerino
Vice President
EXHIBIT B-1.002 .
FOR THE DESIGN OF TWO QUITO ROAD BRIDGES
' IN THE CITY OF SARATOGA, CALIFORNIA ,
PRELIMINARY & DESIGN ENGINEERING
DIRECT LABOR HOURS RATE TOTAL
Senior Principal 22 48.077 - 51.520 $ 1,088.18 '
Principal Engineer 904 41.587-48.019 $ 42,594.75
Senior/Supervising Bridge Engineer 514 x5.577-at51s $ 21,182.28
Senior Civil Engineer 1094. 31.731 -as.51a $ 39,645.79
Assistant Civil Engineer 308 26.709-31.512 $ 9,282.83
CADD Operator 1320. z1.5oo-za.lsa $ 31,143.50
EMPLOYEE BENEFITS ON DIRECT LABOR 32.42% $ .46,988.68
DIRECT COSTS QUANTITY PER UNIT TOTAL
Bluelines 500 $ 4.00 $ 2,000.00
CADD Plots 100 $ 20.00 $ 2,000.00
Reprographics 20,000 $ 0.10 $ 2,000.00
SUBCONSULTANTS
Allied Engineering Company $28,000
David J. Powers $ 29,100.00
INDIRECT COSTS (OVERHEAD) 129.500% $ 187,693.84
Subtotal $ 442,719.85
FEE (PROFIT) 10% $ 37,961.98
TOTAL COST, NOT TO EXCEED $ 480,681.83
NOTE: This Exhibit B-1.002 is not intended to establish payment limits for any specific line
items shown on this sheet. A-N West, Inc., at its discretion, may reassign direct labor budgets,
direct cost budgets, and subcdnsultant budgets to elsewhere within the project. The "Total
Cost, Not To Exceed" amount shown on this sheet will not be exceeded without written
approval from the City.
STANDARD
CONTRACTUAL SERVICES AGREEMENT
THIS AGREEMENT is made at Saratoga, California, as of December 15, 1999,
by and between the CITY OF SARATOGA, a municipal corporation ("City"), and A-N west, Inc.
("Contractor"), who agree as follows:
1. SERVICES. Subject to the terms and conditions set forth in this
Agreement, Contractor shall provide to City the services described in Exhibit A. Contractor shall
provide said services at the time, place and in the manner specified in Exhibit A.
2. PA7CMENT. City shall pay Contractor for services rendered pursuant to
this Agreement at the time and in the manner set forth in Exhibit B. The payments specified in
Exhibit B shall be the only payments to be made to Contractor for services rendered pursuant to
this Agreement. Contractor shall submit all billings for said services to City in the manner
specified in Exhibit B; or, if no manner be specified in Exhibit B, then according to the usual and
customary procedures and practices which Contractor uses for billing clients similaz to City.
3. FACILITIES AND EQUIPMENT. Except as set forth in Exhibit C,
Contractor shall, at its sole cost and expense, famish all facilities and equipment which may be
required for famishing services pursuant to this Agreement. City shall furnish to Contractor only
the facilities and equipment listed in Exhibit C according to the terms and conditions set forth in
Exhibit C.
4. GENERAL PROVISIONS. The general provisions serforth in
Exhibit D aze part of this Agreement. In the event of any inconsistency between said general
provisions and any other terms or conditions of this Agreement, the other term or condition shall
control insofar as it is inconsistent with the generalprovisions.
5. EXI3[IBITS. All exhibits referred to herein are attached hereto and are by
this reference incorporated herein.
6. CONTRACT ADMINISTRATION. This Agreement shall be
administered by the City (".Administrator"). All correspondence shall be directed to or through
the Administrator or his or tier designee.
7. NOTICES. Any written notice to Contractor shall be sent to:
AN West, Inc.
Attn: Thomas Palmerino
4123 Lakeside Drive
Richmond, CA 94806-1942
Any written notice to City shall be sent to:
City of Saratoga
Attn: John Cherbone, Acting Public Works Director
13777 Fruitvale Avenue
Saratoga, CA 95070
Standard Contractual Services Agreement
Executed as of the day first above stated:
CITY OF SARATOGA, a municipal corporation
Attest:~=
ity Clerk
Approved as to form:
City Attorney
By ~_,
..City„
~~COntT8CY0i° - A-N West, Inc.
Robert S. Binsacca
Executive Vice President
Approved as to budget authority:
Finance rector
Standard Contractual Services Agreement
• Exhibit A
Scope Of Services
PART A - DESCRIl'TION OF PROJECT
The Project for which professional consulting services are to be provided consists of the
replacement of two existing 20+ foot wide concrete bridges with single-span bridges. '
Design will include plans for retaining walls, drainage structures, landscaping,-traffic
striping, pedestrian walkways and all other improvements necessary to accommodate the
new bridge construction.
Design will also address aesthetic considerations as well as the effect on the San Tomas
Aquino- Creek of replacing the existing bridges which are 48 years old with eroded
substructure, restricted creek flow, and narrow alignment, with new bridges designed to
minimize flooding potential and increase safety.
PART B -SCOPE OF ENGINEERING SERVICES
BASIC SERVICES
• Engineer shall perform the following detailed engineering services:
Conduct one initial project meeting with each of the following:
a. City and California Department of Transportation (State) to:
1.) Discuss Project objectives, design criteria budget factors.
2.) Obtain record drawings, City standards and other available
information.
3.) Visit the project site to discuss design considerations.
b. Meet with Saratoga City Engineering staff, Los Gatos Town
Eingineer and Santa Clara Valley Water District, so design
concepts can be discussed and understood.
1'he design focus will include ideas and premises, with special
consideration given to aesthetic sensitivity to the bridge design in
light of the surrounding environs, appropriate pedestrian and
vehicular alignment, striping and marking, concealed utility
chases, historical significance and the like.
i
Exhibit "A"
2. Maintain continuing liaison with the City, the California Department of .
Transportation (State) and the Federal Highway Administration. (FHWA)
as required in the interest of expediting the project.
3. Prepare preliminary plans, specifications and estimated as required for
approval by the City, the State, and the FHWA (35% Submitted).
a. Arrange for photogrammetric mapping and/or field survey work
necessary to supplement existing data and to provide an adequate
basis for design, and construction of theproject.
b. Arrange for the oversee and hydraulic investigations:and studies
necessary to supplement available studies performed by
Santa Clara Valley Water District, Army Corps of Engineers and
the State Department of Fish and Game for the San Tomas Aquino
Creek/Quito Road bridge replacements in connection with design,
construction and permit applications for the project. Engineer shall
be responsible for evaluating the effects of the evaluating the
effects of the proposed bridge design so they are consistent with
the findings of said studies.
c: Arrange for and oversee the application and processing of required
environmental documentation to obtain both California
Environmental Quality Act (CEQA) and National Environmental
Policy Act (NEPA) clearances for this project per Tasks 3a, 3c, 3d,
3f, and 3g as specified on Exhibit B-1.
d. Obtain maps showing location of existing utilities.
e. Submit drawings of the preliminary plan to the City for review and
comment, to the utility companies for design input and to Caltrans
for review.
Exhibit "A"
4. Final Plans. Prepare detailed contract plans for the project (100% Submitted).
a. 1Zevise the preliminary plan to include consensus of comments and
recommendations of City, Caltrans, Utility agencies, and prepare
cost estimates. During this phase, engineer may consult with
Caltrans Office of Structures as required to insure that all state
requirements are met. (If the preliminary plan presentation and
revision process described in section 3e necessitate more than one
cycle, the City agrees to compensate the engineer for any
additional work requested in writing by the City, in accordance
with the provisions in Part D, "Compensation," herein.)
b. Based on the approved preliminary plan, prepare contract plans
showing the bridge improvements and work to be performed,
including removals; and pavement striping and marking.
a Prepare technical special provisions, for utilization in conjunction
with Caltrans' standard specifications and the specifications of the
City of Saratoga.
d. Submit final plans; details, technical special provisions, and cost
estimates to City and State for review and approval
e. ]Meet with City and State staff to discuss final plans and cost
estimates.
f Furnish original drawings and forms of the contract plans, and
technical provisions to the city for advertising by the city.
Assist City with interpretation of plans and specifications as needed during
bidding period. Tabulate and analyze bids, and make a recommendation
on awazd of contract.
6. Present periodic written progress memos to the City, with copies to the
State and FHWA, at approximately one month intervals during the design
of the project.
Exhibit"A"
7. ' In addition to the meetings, conferences, and site visits, specifically included in
sections la, Ib, and 4f above, attend a maximum of thirteen format meetings,
conferences and site visits with representatives of the City, State, FHWA, •and
other interested agencies, including any meetings, conferences and site visits
requested in accordance with sections ~~hrough 10 below. "T+nni'
8. Coordinate all plans, designs, specifications, permits, and all phases of the
work connected with the project which are to be furnished or performed
by the engineer with the City, State, the FHWA and any other affected
agencies.
9. Furnish to appropriate agencies any revisions or supplemental data needed
by such agencies during and throughout the submittal and submission to
the city of any plans, specifications, designs, and estimates.
10. In the event that it becomes necessary for the City, the State or the FHWA
to make a special field inspection trip during the progress of the design, it
shall be the duty of the engineer to accompany the inspection party when
requested.
11. Perfonn right-of--way engineering, including the preparation of plats and
legal descriptions of construction easements or additional right-of--way, if.
any required for the project. •
•
Exhibit "A"
• SUPPLEMENTAL SERVICES
In addition to the basic services described above, engineer shall furnish and perform the
supplemental services described below, if requested by the. City. The City shall provide
compensation to engineer on a fair and equitable basis, as mutually agreed prior to
' furnishing and performing any such supplemental services.
Make public presentations and/or attend meetings or site visits in addition
to those included in the preceding scope of basic services.
2. Assist City in preparation of agreements, which City is required to make
with State and FHWA in connection with the project.
Provide consultation and advice during construction
4. Make observations at specific critical stages of construction and a final
observation of the completed project.
5. Furnish technical observation of construction for the purpose of
determining whether the construction work complies substantially with the
requirements of the plans, specifications and contract documents. This
work would include observation of on-site construction, as well as
observation of off-site operations of local suppliers and manufacturers
whose products are incorporated into the project (e.g. plant materials). The
exact responsibilities and fees would be negotiated with the City prior to
construction, when the needs are more specifically known.
6. Review shop and working drawings, if any, furnished by the contractor.
Review change orders as needed.
8. Assist the city in preparing record drawings as needed.
PART C -AUTHORIZATION TO PROCEED
In recognition of the fact that financing for a portion of the City's share of the project will
be from federal funds, engineer shall not begin work on the project until authorized in
writing by the City, subject to approval by state and FHWA.
~J
Exhibit "A"
EXHIBTf B •
PAYMENT SCHEDULE
City shall pay Contractor an amount not to exceed the total sum of 259 556. for
services to be performed and reimbursable costs incurred pursuant to this Agreement. Contractor
shall submit invoices, not more often than once a month during the term of this Agreement,
based on the cost for services performed and reimbursable costs incurred prior to the invoice
date. Invoices shall contain the following information. .
1. Serial identifications of progress bills, i.e., Progress Bill No. 1:
2. The beginning and ending dates of the billing period.
3. A Task Summary containing the original contract amount, the amount of prior
billings, the total due this period, the balance available and the percentage of
completion.
4. For each work item in each task, a copy of the applicable time sheets shall be
submitted showing the name of the person doing the work, the hours spent by
each person, a brief description of the work, and each reimbursable expense.
City shall make monthly payments, based on such invoices, for services satisfactorily
performed, and for authorized reimbursable costs incurred.
City shall pay the last 10% of the total sum due pursuant to this Agreement within forty-
five (45) days after completion of the services and submittal to City, if all services due pursuant •
to this Agreement have been satisfactorily performed.
The total sum stated above shall be the-total which City shall pay for the services to be
rendered by Contractor pursuant to this Agreement. City shall not pay any additional sum for any
expense or cost whatsoever incurred by Contractor in rendering services pursuant to this
Agreement
City shall make no payment for any extra, further or additional service pursuant to this
Agreement unless such extra service and the price therefor is agreed to in writing executed by the
City Manager or other designated official of City authorized to obligate City thereto prior to the
time such extra service is rendered and in no event shall such change order exceed twenty-five
(25%) of the initial contract price.
Fees for work performed by Contractor on an hourly basis shall not exceed the amounts
shown on the fee schedule of hourly billing included as Exhibit B-l.
Exhibit "B"
Reimbursable expenses are specified on Exhibit B-1, and expenses not listed on Exhibit
B-1 are not chargeable to City.
The services to' be provided under this Agreement maybe terminated without cause at any
point in time in the sole and exclusive discretion of City.. In this event, City shall compensate the
Contractor for all outstanding costs incurred for work satisfactorily completed as of the date of
written notice thereof. Contractor shall maintain adequate logs and timesheets in order to verify
costs incurred to date.
The Contractor is not authorized to perform any services or incur any costs whatsoever-
under the terms of this Agreement until receipt of a fully executed Purchase Qrder from the City.
C~
Exhibit "B"
EXHIBIT B-1
FOR THE DESIGN OF TWO QUITO ROAD BRIDGES
IN THE CITY OF SARATOGA, CALIFORNIA '
PRELIMINARY & DESIGN ENG INEERING
DIRECT LABOR HOl Rl .$ SATE I4IA~
Senior Principal 80 $ 48.077 3,846.16
Principal Engineer 378 $ 41.587 15,719.89
Senior Bridge Engineer 672 $ 35.577 23,907.74
' Assistant Civil Engineer 780 $ 24.519 19,124.82
CADD Operator. 636 $z~.ooo-2s.eoo $ 13,674.00
EMPLOYEE BENEFITS 45.71% $ 34,864.21
DIRECT COSTS QUANTITY PER UNIT TOTAL
Bluelines 500 $ 4.00 $ 2,000.00
CADD Plots 100 $ 20.00 $ 2,000.00
Reprographics 20,000 $ 0.10 $ 2,000.00
SUBCONSULTANTS
Allied Engineering Company $ 18,500.00
David J. Powers $ 29,100.00
INDIRECT COSTS (OVERHEAD) 99.744% $ 76,077.73
Subtotal 240,814.55
FEE (PROFIT) 10% 18,721.45
TOTAL COST. NOT TO EXCEED $ 259,536.00
NOTE: This Exhibit B-1 is not intended to establish payment limits for any specific
line items shown on this sheet. A-N West, Inc., at its discretion, may reassign direct
labor budgets, direct cost budgets, and subconsultant budgets to elsewhere within
the project. The "Total Cost, Not To Exceed" amount shown on this sheet will not
be exceeded without written approval from the City.
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EXHIBIT C
Facilities and Equipment
City shall furnish physical facilities such as desks, filing cabinets, and conference space, as
may be reasonably necessary for Contractor's use while consulting with City employees and
reviewing records and the information in possession of City. The location, quantity, and time
of furnishing said physical facilities shall be in the sole discretion of City. In no event shall
City be obligated to furnish any facility, which may involve incurring any direct expense,
inc]udin~, but not limiting the generality of this exclusion, long-distance telephone or othef
communication charges, vehicles, and reproduction facilities.
Exhibit "C"
EXHIBIT D
GENERAL PROVISIONS
L INDEPENDENT CONTRACTOR. At all times during the term of this Agreement,
' Contractor shall be an independent contractor and shall not be an employee of City. City shall
have the right to control Contractor only insofar as the results of Contractor's services rendered
pursuant to this Agreement; however, Ciry shall not have the.right to control the means by which
Contractor accomplishes services7endered pursuant to this Agreement.
2. LICENSES; PERMITS; ETC. Contractor represents and warrants to City that it has all
licenses, permits, qualifications and approvals of whatsoever nature, which are legally required
for Contractor to practice its profession. Contractor represents and warrants to City that
Contractor shall, at its sole cost and expense, keep in effect at all times during the term. of this
Agreement any licenses; permits, and approvals which are legally required for Contractor to
practice its profession. In addition to the foregoing; Contractor shall obtain and maintain during
the term hereof a valid City of Saratoga Business License.
TIME. Contractor shall devote such time to the performance of services pursuant to this
Agreement as maybe reasonably necessary for satisfactory performance of Contractor's
obligations pursuant to this Agreement
4. INSURANCE REQUIREMENTS. Contractor shall procure and maintain for the duration
of the contract "occurrence coverage" insurance against claims for injuries to persons or damages
to property which may arise from. or in connection with the performance of the work hereunder
by the Contractor, its agents, representatives, employees or subcontractors. The cost of such
insurance shall be included in the Contractor's bid.
(a) Minimum Scope of Insurance. Coverage shall be at least as broad as:
1. Insurance Services Office form number GL 0002 (Ed. 1/73) covering
comprehensive General Liability and Insurance Services Office form
number GL 0404 covering Broad Form Comprehensive General Liability;
or Insurance Services Office Commercial General Liability coverage
("occurrence" form CG 0001.)
2. Insurance Services Office form number CA 0001 (Ed. 1/78) covering
Automobile Liability, code 1 "any auto" and endorsement CA 0025.
3. Workers' Compensation Insurance as required by the Labor Code of the
State of California and Employers Liability Insurance.
i
Exhibit "D"
(b) Minimum Limits of Insurance. Contractor shall maintain limits no less than:
1. General Liability: $1,000,000 combined single limit per occurrence for
bodily injury, personal injnXy and property damage. If commercial
.General Liability Insurance or other foim with a general aggregate limit is
used, either the general aggregate limit shall apply separately to this
project/location or the general aggregate limit shall be twice the required
occurrence limit.
2. Automobile Liability: $1,000,000 combined single limit per accident for
bodily injury and property damage.
3. WorkF;rs' Compensation and Employers Liability: Workers' Compensation
limits as required by the Labor Code of the State of California and
Employers Liability limits of $1,000,000 per accident.
(c) Deductibles and Self-Insured Retentions. Any deductibles or self-insured
retentions must be declared to and approved by the City. At the option of the
City, either the insurer shall reduce or eliminate such deductibles or self-insured
retentions as respects the City, its officers, officials and employees; or the
Contractor shall procure a bond guaranteeing payment of losses and related
investigations; claim administration and defense expenses.
(d) Other Insurance Provisions. The policies are to contain, or be endorsed to
contain, the following provisions:
General Liability and Automobile Liability Coverage.
a. The City, its officers, officials, employees and volunteers are to be
covered as insured as respects: liability arising out of activities
performed by or on behalf of the Contractor; products and
completed operations of the Contractor, premises owned, occupied
or used by the Contractor, or automobiles owned, leased, hired or
borrowed by the Contractor. The coverage. shall contain no special
limitations on the scope of the protection afforded to the City, its
officers, officials, employees or volunteers.
The Contractor'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
Contractor's insurance and shall not contribute with it.
Exhibit "D"
c. Any failure to comply with reporting provisions of the policies
shall not affect coverage provided to the City, its officers, officials,
employees or volunteers.
d. The Contractor's insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect
to the limits of the insurer's liability.
2. Workers' Compensation and Employers Liability Coverage:
The insurer shall agree to waive all rights of subrogation against the City,
its officers, officials, employees and volunteers for losses arising from
work performed by the Contractor for the City.
Professional Liability
Contractor shall carry professional liability insurance iri an amount
deemed by the City to adequately protect the Contractor against liability
caused by negligent acts, errors or omissions on the part of the Contractor
in the course of performance of the services specified in this Agreement.
All Coverage's.
Each insurance policy required by this clause shall be endorsed to state
that coverage shall not be suspended, voided, canceled by either party,
reduced in coverage or in limits except after thirty (30) days' prior written
notice by certified mail, return receipt requested, has been given to the
City.
(e) Acceptability of Insurers. Insurance is to be placed with insurers with a Bests'
rating of no less than A:VII.
(f) Verification of Coverage. Contractor shall furnish City with certificates of
insurance and with original endorsements effecting coverage required by this
clause. The certificates and endorsements for each insurance policy aze to be
signed by a person authorized by that insurer to bind coverage on its behalf. The
certificates and endorsements are to be received and approved by the City before
work commences. The City reserves the right to require complete, certified copies
of all required insurance policies, at any time.
Exhibit "D"
(g) Subcontractors. Contractor shall include all subcontractors as insured's under its
policies or shall furnish separate certificates and' endorsements for each
subcontractor. All coverage's for subcontractors shall be subject to all of the
requirements stated herein.
(h) The Risk Manager of City may approve a variation in those insurance
requirements upon a determination that the coverage, scope, limits and forms of
such insurancE; are either not commercially available or that the City's interests are
otherwise fully protected.
5. CONTRACTOR NO AGENT.. Except as City may specify in writing, Contractor shall
have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an
agent. Contractor shall have no authority, express or implied, pursuant to this Agreement to bind
City to any obligation. whatsoever.
6. ASSIGNMENT. PROHIBITED. No party to this Agreement may assign any right or
obligation pursuant to this Agreement. Any attempted or purported assignment of any right or
obligation pursuant to this Agreement shall be void and of no effect.
7. PERSONNEL. Contractor shall assign only competent personnel to perform services
pursuant to this Agreement. [n the event that City, in its sole discretion, at any time during the
term of this Agreement, desires the removal of any such persons, Contractor shall, immediately
upon receiving notice from city of such desire of City, cause the removal of such person or
persons.
8. STANDARD OF PERFORMANCE: Contractor shall perform all services required
pursuant to this Agreement in the manner and according to the standards observed by a
competent practitioner of thE; profession in which Contractor is engaged in the geographical area
in which Contractor practices its profession. All instruments of service of whatsoever nature,
which Contractor delivers to City pursuant to this Agreement, shall be prepared in a substantial,
first class and workmanlike manner and conform to the standards of quality normally observed
by a person practicing in Contractor's profession.
Exhibit "D"
9. HOLD HARMLESS AND RESPONSIBILITY OF CONTRACTORS. Contractor shalt ,
take all responsibility for the work, shall bear all losses and damages directlyor indirectly
resulting to him, to any subcontractor, to the City, to City officers and employees, or to parties
designated by the City, on account of the performance or character of the work, unforeseen
difficulties, accidents, occurrences or other causes predicated on active or passive negligence of
the Contractor or of any subcontractor. Contractor shall indemnify, defend and hold harmless the
City, its officers, officials, directors, employees and agents from and against any or all loss, ,
liability, expense, claim, costs (including costs of defense), suits, and damages of every kind,
nature and description directly or indirectly arising from the negligent performance of the work.
This paragraph shall not be construed to exempt the City, its employees and officers from its own ,
fraud, willful injury or violation of law whether willful or negligent. For purposes of
Section 2782 of the Civil Code the parties hereto recognize and agree that this agreement is riot a
construction contract. By execution of this Agreement, Contractor acknowledges and agrees that
it has read and understands the provisions hereof and that this paragraph is a material element of
consideration.
Approval of the insurance contracts does not relieve the Contractor or subcontractors from.
liability under this paragraph.
10. GOVERNMENTAL REGULATIONS. To the extent that this Agreement maybe funded
by fiscal assistance from another govemmenta] entity, Contractor shall comply with all
applicable rules and regulations to which City is bound by the terms of such fiscal assistance
program.
11. DOCUMENTS. All reports, data, maps, models, charts, studies, surveys, photographs,
memoranda or other written documents or materials prepared by Contractor pursuant to this
Agreement shall become the property of City upon completion of the work to be performed
hereunder or upon termination of the Agreement.
12. COMPLIANCE WITH APPLICABLE LAWS. Contractor shall comply with all laws
applicable to the performance of the work hereunder, including, but not limited to, laws
prohibiting discrimination based on race, religious creed, color,. national origin, ancestry,
physical handicap, medical condition, marital status or sex.
13. USE OF RECYCLED PRODUCTS. Contractors shall prepare and submit all reports,
written studies and other printed material on recycled paper to the extent it is available at equal or
less cost than virgin paper.
Exhibit "D"
n
~~
14. PROFESSIONAL SF,AL. Where applicable in the determination of the contr2ct .,
administrator, the first page of a technical report, first page of design specifications, and each
page'of construction drawings shall be stamped/sealed and signed by the licensed professional .
responsible for the report/design preparation. The stamp/seal shall be in a block entitled"Seal
and Signature of Registered :Professional with report/design responsibility" as per sample below.
Seal and Signature of Registered Professional with
report/design responsibility.
•
Exhibit "D"
v. c...-,~ ..~ . ~ . _. ,, iRA~ .,,.iANON AND HOUSING AGENCY
APARTMENT OF
BOX 23660
OAKLAND, CA 94623-0660
(510)286-0444
TRANSPORTATION
December 17, 2002
04-SCL-O-SAR
BRLS-5332(004)
Quito Rd Br Replacement
i
John Cherbone
Director of Publio Works
City of Saratoga
13777 Fruitvale'Ave.
Saratoga, CA 95070
Attn: Iveta Harvanik
~m
•
This will confirm the "Authorization to Proceed" for preliminary engineering has been approved
for the above-referenced Federal-aid project. A copy of the E-76 authorization document is attached for
your files. The effective date of approval is 6/02/02.
Appropriate agency staff charges incurred after this date will be eligible for federal
reimbursement. Consultant charges will be eligible for work performed after this date and after the
consultant agreement has been executed.. in either case, any work performed prior to tlus approval date is
not eligible for funding. All work should be carefully documented for future billing and auditing.
Actual reimbursement for chazges under Phis authorization will be made after the Program
Supplemental Agreement is executed and billing is received from your agency.
If you have any questions,. please contact me at 510-286-5607.
Sincerely,
Attachment
~~~
- Bing Long, P.E.
HBRR Program Engineer
L. J
FNM-76 (VERSION E-76) '
AMENDMENT/MODIFICATION SUMMARY
FEDERAL AID PROGRAM CALIFORNIA DEPARTMENT OF TRANSPORTATION
OLP LOCATOR ,04-SCL-O-SAR
PREFIX HRLS ~ PROJECT LOCATION PREV. AUTH/AGREE DATE
PROJECT NO 5332(004) QUITO ROAD AT TOMAS CREEK 37C-113 & 37C-114 ----- ------------- ---
SEQ NO 4 PE 01/22/96
DIST-EA '04-927987E 'PYPE OF WORK R/R '
' AGENCY SARATOGA REPLACE EXISTING BRIDGES CON -
ROUTE N/A .FED. RR NOS SPR
TIP DATA: PUC CODE(S) MCS
MPO/YEAR MTC EXEMPT FROM FHWA REVIEW OTH
DATE 00/O1 ENV STATUS APPR CODES Q1 00 1180
STIP REF: 'R/W STATUS LINE NOS 11 30
PAGE 985 BEGIN MP .000 IMPRV TYPE 15
URBANIZED SAN JOSE END MP .000 FUNC. SYS C !
_
URB/RURAL URBAN AREA INV RTE
'.BRIDGE NOS 37C0113 37C0114
- PHASE PROJECT COST FEDERAL COST
__
_
_______
_
_______
_ AC COST
_______
____
_
_____________________
_________
_______w
PREV. OBLIGATION 250,000.00 200,000.00 __________
.00.
PE THIS REQUEST 275,000.00 220,000.00 .00
SUBTOTAL 525,000.00 420,000.00 .00
TOTAL 525,000.00 420,000.00 .00
PPNO - 04-VAR991007'
STATE REMARKS -
• 09-SC1-0-Sar; BRLS-5332(004); "EXEMPT" Project; HBRRP; Bridges:37C-0113/0114
COST SUhff4ARY TOTAL PART FED/1180 FED/Q100 LOCAL.
PE (PREV OBLIG) 250,000 250,000 63,000 137,000 50,000
PE (THIS REQST) 275,000 275,000 0 220,000 55,000
TOTAL 525,000 525,000 -63,000 357,000 105,000
CURRENTLY, KBRRP FUNDS RESERVED FOR THIS PROJECT AS FOLLOWS:
•PE _ $420,000<------ Eric Host (Caltrans' HQ HHRRP Program Managerj,
•R/W = $19,200 approved High PE Costs on 05/13/2002.
•CON= $1,280,000
TOTAL = $1,719,200
AUTHORIZATION TO PROCEHD WITH PRE PREPARED BY DAVID PNEH ON 05/03/02 (510)622-5909
PRELIMINARY ENGR REVIEWED BY KHAHOANG -0N 05/23/02 (916)653-7759
AUTHORIZED HY B. SANDOVAL ON 06/02/02
ELECTRONIC SIGNATURE DOCUMENT TYPE AMEND/MOD -SIGNED HY H. SANDOVAL ON 06/02/02 FOR CALTRANS
LAST FHWA ELECTRONIC SIGNATURE HXECUTED HY FHWA FMIS 3 AMEND MOD ON 06/22/00
SARATOGA CITY COUNCIL
_.;,.:
fr:-_ fi
.~ r ,
MEETING DATE: Apri116, 2003 AGENDA ITEM: //))~
ORIGINATING DEPT: Public Works CITY MANAGER: ~/---~~'
PREPARED BY: 1~~ DEPT HEAD: ~..~ E}~:.~.-~,
SUBJECT: Building site approval for one lot located at 20887 I{ittridge Road.
Owner: Husted
RECOMMENDED ACTION(S):
Move to adopt resolution No. BSA-01-002 granting final building site approval for one lot
located at 20887 Kittridge Road.
REPORT SUMMARY:
Attached is Resolution No. BSA-Ol-002, which, if adopted, will grant final building site.
approval for one lot, located at 20887 Kittridge Road. All conditions of the approved tentative
building site approval, as contained in attached Planning Commission Resolutions No. 02-020,
have been completed or will be completed concurrent with development of the lot..
FISCAL IMPACTS:
The owner has paid $4,614.04 in Engineering Fees.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S):
The final building site approval must either be granted or denied by the City Council. If the
building site approval is denied, no building permit would be issued for the referenced property.
ALTERNATIVE ACTION(S):
None in addition to the above.
FOLLOW UP ACTION(S):
A copy of the resolution granting final building site approval will be released to the applicant.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
' Nothing additional.
ATTACHMENTS:
1. Site Map.
2. Resolution No. BSA-Ol-002 granting final building site approval.
3. Planning Commission Resolution No. 02-020 approving design review DR-O1-021, building
site BSA-Ol-002, and variance V-O1-012 with conditions.
:'
CJ
RESOLUTION NO. BSA-O1-002
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
APPROVING THE FINAL BUILDING SITE BSA-Ol-002
20887 HITTRIDGE ROAD
The City Council of the City of Saratoga hereby resolves as follows:
SECTION 1: The lot as shown on that certain Record of Survey prepared by Giuliani and
Kull, Inc., Civil Engineers and Surveyors, dated September 2002, and filed
with the Santa Clara County Recorder's Office on December 10, 2002, is
approved as ONE (1) individual lot.
The above and foregoing resolution was passed and adopted at a meeting of the Saratoga City
Council held on the 16`h day of Anril , 2003 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Nick Streit, Mayor
ATTEST:
Cathleen Boyer, City Clerk
i
RESOLUTION N0.02-020
APPLICATION NO. DR-O1-021; BSA-Ol-002; and V-O1-012
CITY OF SARATOGA PLANNING COMMISSION
STATE OF.CALIFORNIA
HUSTED; Kittridge Road (APNi1517-14-080)
WHEREAS, the City of Sazatoga Planning Commission has received an application
for Building Site Approval, Site Development, and Design Review approval to construct a
new 4,810 squaze foot residence and attached garage on 8.4 acre (gross) site; and Variance
request to construct retaining walls in excess of five feet in height; and a grading exception
to exceed ],000 cubic yafds of cutand fill. .
WHEREAS, the Plamring Commission held a duly noticed Public Hearing at which
time a]] interested parties were given a full opportunity-to be heard and to present
evidence; and
WHEREAS, the proposed project which includes construction of a new single-
family residence is exempt from the Environmental Quality Act (CEQA) pursuant to
section 15061(3) of the Guidelines for the Implementation ol`CEQA. The project is
exempt from CEQA because the activity is covered by the general rule [hat CEQA applies
only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty that there is no possibility that the
activity in question may have a significant effect on the environment, the activity is not
subject to CEQA pursuant to section 15061(3).
WHEREAS, the applicant has met [he burden of proof required to support said
application, and the following Building Site ApprovaUSite Development, and Design
Review findings have been determined pursuant to the Municipal Code:
Evaluation ojFindiugs Design Review and Site Development Plan
(a) Avoid unreasonable interference with views and privhcy. 77zeheight, elevations and
placement on the site of the proposed main structure, when considered with reference to: (i)
the nanme and location of residential structures on adjacent lots and within the
neighborhoods; and (ii) community viewsheds will avoid unreasonable interference with
views and privacy. The minimum building site requirements in the project vicinity aze large
(40,000-48,000 square feet). The subject property is 8.40 acres (gross). In tfie surrounding
area, topographical constraints result in large portions of undevelopable lands which provide
an additional buffer between dwellings. The surrounding area is sparsely developed with
one- and two-story single-family residences. There are no established residences in close
proximity to the proposed project. The proposed residence -is located below adjacent
ridgelines.
•
(b) Preserve natural landscape. The natural landscape will be preserved insofar as'
practicable 6y designing structures to follow. the- natural..contours of the site and
minimizing tree attd soil removal; grade changes will be minimized and will be in keeping
with the general appearance of neighboring developed areas and undeveloped areas. The
proposed building pad is located on the only existing level pad on the site. Utilizing the
existing level pad will minimize disturbance to the site including the amount of grading
required. In additiori, the proposed materials and colors- will blend with the natural
environment.
(c) Minimize perception of excessive bulk.. The proposed main structure in relation to
structures on adjacent lots, and to the surrounding region, wi/l minimize the perception of
excessive bulk and will be integrated into the natural environment. The second-story of
the proposed residence is setback from the first story. The roof of the first story, window
treatments, stone accents, and gable ends add variation to the elevations and minimize the
perception of mass. and bulls.
(d) Compatible bulk and height. The proposed main structure will 6e compatible in terms
of bulk and height with (i) existing residential structures on, adjacent lots and those within
the immediate neighborhood and within the same zoning district; and (ii) the natural
environment; and shall not (i) unreasonably impair the light and air of adjacent properties
nor (ii) unreasonably impair the ability ojadjacent properties to utilize solar energy. The
proposed residence is tucked into the existing hillside and is located below ,adjacent
ridgelines. The residence will blend into the hillside due to the proposed earth tone colors
.and matenals. Please refer to (c).
(e) Current grading and erosion control methods. The proposedsite development or
grading plan incorporates current grading and erosion control standards used by the City.
The propdsed project requires a grading plan to be reviewed and approved by the City
Engineering Division. The plan shall contain all the provisions identified in the.
geotechnica] reports and current erosion control methods used by the City.
(f) As iecommended~in the Residential Design Handbook the proposed project illustrates
the following design policies and techniques to minimize the perception of bulk: the
building is merged into the hillside; the roof slope follows natural ground; building ]loot
levels are terraced; elevations aze softened by. using different materials;.natural color
materials are proposed; the height of roof elements are varied, higher portions of the
structure are setback; the project is not designed to attracYattention or to stand out; large
wall expanses are punctuated with window treatments, stone accents, and gable ends.
As detailed above, the proposed project conforms to the design policies and techniques set
forth in the Residential Design Handbook with respect to mass, bulk, privacy and views.
Energy efficient features of the proposed project are discussed below:
Design for maximum benefit.of sun & wind:.
The proposed residence is protected on the south side by a large retaining wall and cliff
above. This feature will shade the house in the summer and minimize the ne8d,for air
conditioning.
Landscape to control exgosure to sun & wind: ,
The existing eight-acre site is heavily forested, while the proposed residence will require
the removal of nine trees, the overall impact will be minimal. Tn addition, landscaping has
been added to shield the tall retaining wall at the reaz. Unfortunately, the existing building
site has very little topsoil over bedrock, therefore the resulting pad does not have much
flexibility in teens, of planting large trees to protect the house from wind and sun. _
Allow light, air and solar access to adiacent homes:.
The: proposed residence will have no impact on the adjacent homes, in terms of light, air
and sun exposure, as the structure is 75 feet from the neazest property line.
Incorporate enerey ravine devices into the desi~rr.
The proposed residence will have high-efficiency furnaces to heat the proposedresidence.
Wtiexens, the applicant has met the burden of proof required to support said
application, and the following Variance and Grading Exception findings have been
determined pursuant to the Municipal Code:
Evaluation ajFindings- Variance
The applicant requests the following exception to construct retaining walls over five feet in
height.
(a) There are special circumstances, applicable to the property, including size, shape,
topography, location or surroundings that strict enforcement of the specified regulation
would deprive the applicant oJprivileges enjoyed by the owners of other properties in the
vicinity. Topogaphy at the site is very steep (74%). Due to the steep topography at the site
retaining walls in excess of five feet are necessary to construct the proposed residence and
access driveway.
(6J The granting oJthe variance would not constitute a special privilege inconsistent with
the limitations on other properties in the vicinity and classified in the same zoning district.
The variance request would allow the construction of a 4,810 squaze foot single-family
residence. The variance .requests would. not constitute a special privilege because the
Hillside Residential zone district is developed with similar single-family structures of this
size.
(c) The proposal would not be detrimental to public health, safety or we fare, or materially •
injurious to properties or improvements in the vicinity. The City Geologist, Engineer,
Arborist, and Fire District have all reviewed the proposed plans. Their comments and
conditions aze incorporated as conditions of approval.
Evaluatiav oJFindings -Exception to exceed 1,000 cubic yards of cu[ and fdl in Hillside '
Residential Zone District (MCS 15-13.0500) '
I) The additional grading is necessary in order to allow reasonable development of the
property or to achieve a reasonable means of access to the 6uildingsite. The proposed
quantity of grading is necessary to provide access to the residence and to expand the existing
level building site to accommodate a 4,810 square foot residence.
1) The natural [and forms and vegetation are being preserved and protected.. An existing
level building pad is being utilized for the proposed residence. This building pad is located in
close proximity to the edge of the lot and an existing access road. As a result, a large
percentage of the 8 acre lot will be undisturbed by the proposed project.
3) The increased grading is necessary to promote the compatibility of the construction with
the natural terrain. The structurewill be located on the low portion ofthe hillside below
ridgelines
4) The increased grading, is necessary to integrate an architectural design into the natural
topography. The additional grading will serve to tuck the residence into the existing hillside.
S) The increased grading is necessary to reduce the prominence of the construction as viewed .•.
from surrounding views or from distant communities. Please refer to 4.
6) No building site shall be gradedso as to create a11at visible pad surrounding the main
residential structure. An existing level pad will be utilized and expanded for the proposed
residence. The grading will not result in a flat level pad surrounding the residence. The
natural topography and slopes are maintained outside the immediate building pad and
driveway.-
Now, TttetteFOxe, the Planning Commission of the City of Saratoga does hereby
resolve as follows:
Section 1. After cazeful consideration of the site plan, architectural drawings, plans
and other exhibits submitted in connection with this matter, the application of RUSTED
for Building Site ApprovaUSite Development Plan, Variance, Exemption, and Design
Review approval be and the same is hereby granted subject to the following conditions:
COMMUP7TY DEVELOPMENT ~ ~ '
1. The development shall be' located and constructed as shown on Exhibit "A",
Acknowledged. incorporated by reference.
Acknowledged . 2. The entitlements contained in this resolution shall not become effective until the City
Council has approved the Final Building Site Plan.
ACkriO Wl e dged . 3. A storm water retention plan indicating how al] storm water will be retained on-site, and
incorporating the New Development and Construction - $est Management Practices. If all.
stomr water cannot be retained on-site due to topographic, soils or other constraints, an
explanatory note shall be provided on the plan.
Acknowledged . 4. A landscape plan which includes landscape screening of the proposed retaining walls,
tumaround deck, and residence approved prior to building permit issuance.
ACknO W l ed ge d . 5. Revised site plan which illustrates the proposed upslope retaining wall in three sections.
ACkriOWledged . 6. The road shall be restored to its condition prior to the commencement of construction
activity for the proposed project. -
Acknowledged. ~• A conservation easement shall be recorded as described in the memo to planning
commission dated April 1Q 2002.
Acknowledged . 8. Iilevations of the proposed turnaround deck and mature landscape screening approved
• by the Community Development Director.
FIRE PROTECTION DISTRICT
ACknOW 1 edged . 9. Roof covering shall be firr, retardant,Uniform $uilding Code Class A prepazed or built-
up roofing. -
Acknowledged . 10. Eazly Warning Fire Alarm System shall be installed and maintained in accordance with
the provisions of Municipat Code Section 16-60.
Acknowledged. I1. $arly Warning Fire Alarm System shall have documentation relative to the proposed
installation and shall be submitted to the fire district for approval
Acknowledged. 12. Automatic sprinklers shall beinslalled in newly constructed attached/detached garages
(2 heads per stall), workshops, or storage areas which are not constructed as habitable
space. To ensure proper sprinkler operation, the garage shall have a smooth, flat,
horizontal ceiling. The designer/architect is to contact San Jose Water company to
determine the size of service and meter needed to meet fire suppression and domestic
requirements.
ACkriowledged. 13. Automatic sprinklers are required for the new 4,810 sq. ft, residential dwelling. A 4-
head calculated sprinkler system is required. Documentation of the proposed installation
.and all calculations shall be submitted to th'e fire district for approval. The sprinkler
system must be installed by a licensed contractor.
Acknowledged . 14. Driveways shall have a 14' minimum width plus 1' shoulders. Slopes from 11%-15%
shall be surfaced using"' 4" of PCC concrete rough surfaced on a 4" aggregate base from a
public street to the proposed dwelling. Driveways shall have a minimum inside radius of
21'.
Acknowledged. I5. Construct a tam-azound at the proposed dwelling site having a 33' outside.radius.
Other approved types must meet the requirements of the fire district.. Details shall be
shown on the building plans and:approved by the fire district
Acknowledged . 16. Provide a parking azea for two emergency vehicles at the proposed dwelling site or as
required by the fire district. Details shall be shown on building plans.. A 20' wide all
weathered road shall not. be less than 14'. Gate shall be controlled by a remote digital
transmitter. Details shall be shown on building plans.
PUBLIC WORKS
Record of Survey 17. The owner (applicant) shall submit a satisfactory evidence of a boundary survey of the
completed . subject property (the Record of Survey) to the Public Works Deparment as required per
condition oflhe CertiScate of Compliance CC-98-001, recorded September 16, 1998.
All submitted. 18. 1n connection with the previous condition, [heowner (applicant) shall submit four (4)
copies of the Record of Survey in conformity with the Subdivision Nrap Act, along with the
additional documents as may be required, to the Public Works. Department for examination,
prior to Building Site approval.
Fees paid . 19. The owner (applicant) shall pay a Map Checking fee, as determined by the Public Works
Director, at the time of submittal ofthe Record of Survey for examination.
Water line 20. The owner (applicant) shall constmct approximately 750 lineal feet of 6" water line per
standazds of the Saratoga Heights Mutual Water Company to connect two existing endpoints
Constructed. of the line. This connection will place the missing section of the upgraded water line.
lmpi•ovement plans for this connection shall be submitted to the Public Works Department
and to the Saratoga Heights Mutual Wa[er Company for approval prior to Building Site
Approval
Acknowledged. 21. The owner (applicant) shall grant an easement for the proposed water line to the
.Saratoga Heights Mutual Water Company. A copy of the recorded Grant of Easement
document shall be submitted to the City prior to finalization of the Grading Permit.
Plan Submitted. 22. Grading and Drainage Plan shall be submitted to the Public Works Department for
approval and the Grading Permit shall be issued prior to the grading work commencement.
Wi 11-serve letters 23. Prior to Building Site approval, the owner (applicant) shall famish the City Engineer with
provided.
•
•
l.J
satisfactory written commitments from al] public and private utility providers serving the site
guazanteeing the completion of all required utility improvements to serve the site.
Acknowledged. 24. The owner (applicant) s]rall secure all necessary pemvts from the City and any'other
public agencies, including public and private utility providers, prior to commencement of
subdivision improvement construction. Copies of pemtits other than those issued by the City
shall be provided to the Public Works bepartment.
ACknowl edge d , 25. All building and construction related activities shall adhere to New Development and
Construction -Best Management Practices as adopted by the City for the purpose of
- preventing storm water pollution.
GEOTECANICAL CONDITIONS
Acknowledged. 26.'fhe Project Engineering Geologist and Project Geotechnical Engineer shall review and
approve all geotechnical aspects of the final development plans (i.e, site preparation and
grading, landslide mitigation, site drainage improvements, and design pazameters for
foundations and retaining walls) to ensure that their recommendations have been properly
incorporated.
Acknowledged . 27. The Project Engineering Geologist and Project Geotechnical Engineer shall identify
geotechnically suitable drainage discharge locations and provide recommendations to the
Project Civil Engineer for incorporation into the plans.
ACknOWledged. 28. The Project Geotechnical Engineer shall confirm that a note describing the owner's
responsibility in maintaining the debris catchment fence is included with the project notes and
specifications on the final plans.
ACknowl e dged . 29. The results of the plan review should be summarized by the geotechnical consultant in'
a letter and submitted to the City Engineer for review and approval prior to issuance of a
Grading Permit.
ACkriOWledged. 30. The Project Engineering Geologist and. Project Geotechnical Engineer shall inspect, test
- (as needed), and approve all geotechnical aspects of the project construction, The inspection
shall include, but not necessarily be limited to: site preparation and grading, site surface and
subsurface drainage improvements, and excavations forfoundations and retaining walls prior
to the placement of fill, steel and concrete.
Acknowledged. 31. The Project Engineering Geologist and Project Geotechnical Engineer shall
specifically inspect and monitor the construction. of the chain link fence and rock
anchors to confirm that potentially unstable rock wedges are appropriately
mitigated. In addition, the Project Engineering Geologist and Project Geotechnical
Eopineer shall confirm that the heights of walls are appropriate from a geotechnical
_ standpoint (i.e., as per design, or modified due to field conditions observed during
construction).
~~
Acknowledged. 32. The results of these inspections and the as-built conditions of the project shall be
described by the Project Engineering Geologist and Project Geotechnical Engineer in a
letter(s) and submitted to the City Engineer for review prior to finalization of the Grading
Pemilt.
Fees paid. 33. The owner (applicant) shall pay any outstanding fees associated with the City ,~
Geotechnical Consultant's review of the prior to project Zone Cleazance.
Hold Harmless 34. The owner (applicant) shall enter into ageement holding the City of Saratoga
harmless from any claims oz liabilities. caused by or arising out of soil or slope
-form signed. instability, slides, slope failure or other soil related and/or erosion related conditions
prior to issuance of a Grading Permit.
ARBORIST
Acknowledged . 35. All recommendations in the City Arborisf Report, date stamped and received by the
Community Development Department on July 11, 2001 shall be followed and
incorporated into the plans.
CITY ATTORNEY -
Acknowledged. 36. Applicant agrees to hold City harmless from all costs. and expenses, including
attorney's fees, incurred by the City or held to be the liability of City in connection with
. City's defense of its actions in any proceeding brought in any State or Federal Court,
challenging the City's action with respect to the applicant's project.
Acknowledged . 37. Noncompliance with any of the conditions of this permit shall constitute a violation of
the permit. Because it is impossible to estimate damages the City could incur due to the ,
violation,liquidated damages of $250 shall be payable to this City per each day of the
violation.
Section 2. Construction must be commenced within 24 months or approval. will
expire.. -
Section 3. All applicable requirements of the State, County, City and other
Governmental entities must be met.
Section 4. Unless appealed pursuant to the requirements of Article 15-90 of the
Sazatoga City Code, this Resolution shall become effective fifteen (15) days from the date
of adoption.
PpsSEn ANn ADOPTED. by the City of Saratoga Planning Commission, State of California,
this 10th day of Apri12002 by the following roll call vote:
1
AYES: BARRY, JACKMAN, GARAKANI, ROUPE '
NoES:, HUNTER
ABSENT: KURASCH, ZUTSHI
ABSTAIN: NONE
air, Planning Commi si
ATTEST:
~~ ~
Secretary, Planning Commission
SECRETARY OF THE PLANNING COMMISSION
This permit is hereby accepted upon the express ierms and conditions hereof, and shall
have no force or effect unless and until ageed to, in writing, by the Applicant; and
Property Owner or Authorized Agent. The undersigned hereby acknowledges the
approvedterms and conditions and agees to fully conform to and comply'with said terms
and conditions within the recommended time frames approved by the City Planning
Commission.
Property Owner or Authorized Agent Date
4
SARATOGA CITY COUNCIL
~.
Qom:, ,,
MEETING DATE: Apri116, 2003 AGENDA ITEM: /~ ~~~`
ORIGINATING DEPT: Administrative Services CITY MANAGER: (/ ~C~`~-~
PREPARED BY:
SUBJECT: Letter of Understanding between the City of Saratoga and the Saratoga
Management Association
RECOMMENDED ACTIONS:
1. Adopt resolution ratifying the Letter of Understanding between the City and the Saratoga
Management Organization.
2. Approve the Letter of Understanding between the City and the Saratoga Management
Organization.
REPORT SUMMARY:
Management employees ofthe City of Saratoga organized into a bargaining unit in 1996, known
as the Saratoga Management Organization. (SMO). The SMO bargaining unit represents the
Assistant City Manager, Public Works Director, Community Development Director,
Administrative Services Director, and Recreation Director. The current Letter of Understanding
(LOi7) between the City and the SMO expires on June 30, 2003. Attached is the proposed LOU
for the period July 1, 2003, to June 30, 2004: Changes from the previous LOU reflect the
following:
1. No merit increase and 1.4% cost of living tied to the December local CPI, rounded to the.
nearest 10`h of a percentage.
2. .Adoption of a 9/80 work schedule.
3. Re-title $350/month. ranagement from an expense allowance to a car allowance.
4. Begin vacation accrual at the 5-year service level, to reflect prior years experience of the
department heads inpublic service.
5. Approve amendment to the City PERS contract allowing veteran employees to buy years of
military service for retirement credit, at the expense of the employee.
FISCAL IMPACTS:
Estimated financial impact by the City to the SMO group is approximately $8,500, salaries and
benefits, for fiscal year 2003-2004.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTIONS:
City employees represented by the SMO will not have a current employee contract.
ALTERNATIVE ACTIONS:
Direct the City Manager to return on May 7, 2003, with a revised LOU.
FOLLOW UP ACTIONS:
Implement the terms of the LOU, effective July 1, 2003:
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Nothing additional.
ATTACHMENT:
Sazatoga Management Organization Letter of Understanding
U
2
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA "
AMENDING A LETTER OF UNDERSTANDING BETWEEN THE CITY AND THE
SARATOGA MANAGERS ORGANIZATION AND AMENDING RESOLUTION 85-9.129,
MODIFYING THE LETTER OF UNDERSTANDING AND SETTING MANAGEMENT
SALARY RANGES FOR FISCAL YEAR 2003/4.
WHEREAS, the City of Saratoga, through its designated representatives and pursuant to State law, has
met and conferred with the organized representative organization, the Saratoga Management Organization
(SMO), concerning proposals for modifications and changes to salaries, benefits and other matters; and
WHEREAS; the representatives of the City and the SMO have reached an understanding regarding
changes in salaries, benefits and other matters for the period beginning July 1, 2003, through June 30, 2004,
for employees represented by SMO, all of which aze specified in a Letter of Understanding dated April 16,
2003, which is attached hereto as Exhibit A & B; and
WHEREAS, this resolution amends various Resolutions of the City of Saratoga. This resolution is an
expression of existing po]icy of the City of Saratoga and is subject to modification and change by the City
Council from time to time. Nothing herein contained shall be construed as creating or establishing any of
the provisions hereof as terms of any contract of employment extending beyond a period other than such
period as during the resolution is in full force and effect. That is to say, that any employee of the City of
Sazatoga during the effective. period of the resolution shall have such employment rights and duties as set
forth herein only during such period of time as this resolution remains in effect; and not afterward.
NOW, THEREFORE, BE IT RESOLVED that the terms and conditions of the Letter of Understanding,
dated 16~' dated of Apri12003, is hereby approved.
The above and foregoing resolution was passed and adopted at a regular meeting of the City Council of
Saratoga held on the 16a' dated of Apri12003, by the following vote:
AYES:
NOES:
ABSENT:
Nick Streit, Mayor
ATTEST:
Cathleen Boyer, City Clerk
EXHIBIT "A"
Letter of Understanding
Between the City of Saratoga
And
The Saratoga Management Organization
1. Term
This Letter of Understanding (hereinafter "LOU") sets forth the understanding between the City of
Saratoga (hereinafter "City") and the Saratoga Management Organization (hereinafter "SMO") for the
period beginning Ju]y 1, 2003 through June 30, 2004.
2. Salary Ranges.
The City Council and SMO agree with the recommendation of consultant Geoffrey Rothman to survey a
universe of comparable cities based on population, proximity to Sazatoga (both in term of distance and
commute time) and size and/or form of government, and concluded that the following. eight cities represent
the best universe to survey to attain statistically meaningful data:
Los Altos
Menlo Park
San Cazlos
Cupertino
Los Gatos
Morgan Hill
Campbell
Newazk
Through analysis of survey results and internal panty issues, the top of each classification salary range was
set. The bottom was set 28% below the top of each range. Notwithstanding the above, it is agreed that the
effective July 1, 2001, for each position shall be as follows:
Assistant City Manager
Public Works Director
Community Development Director
Administrative Services Director
Recreation Director
$7,555 - $9,671 per month
$7,555 - $9,671 per month
$7,555 - $9,671 per month.
$7,555 - $9,671 per month
$7,555 - $9,671 per month
3. Benefits, Leave and Retirement
a. The members. of SMO shall be entitled to the same employee benefits as other Sazatoga employees
who aze represented by the Saratoga Employees Association. (SEA), as detailed in sections XIII,
XIV, and XV of the Memorandum of Understanding between the City of Saratoga and SEA, dated
July 1, 2001.
b. The members of SMO shall receive $350 montlily car allowance used to attend City business.
c. The members of SMO shall continue to receive life insurance coverage at two times the employee's
annual salary, up to a maximum coverage of $150,000.
E3~HI$IT ``A"
d. Thy members of SMO may be paid each January for their accrued leave in excess of 160 hours at
the following rates: ,
1-60 Months 50%
61-120 Montha 75%
121+ Months 100%
e. The members of SMO shall begin accruing annual leave at the sixty-one (61) month rate.
f. City PERS contract shall allow SMO veteran employees to buy years of military service for
retirement credit.
4. Review and Appraisal.
All SMO members will be reviewed on their anniversary date. Salary adjustments shall be made based
upon performance appraisal. Overall performance will be judged as below standard, standard, above
standard or exceptional. If a below standard appraisal is given, another review will be conducted in three
months. A total of two successive below-standard appraisals shall be grounds for dismissal. These reviews
are in addition to any scheduled review period.
New management employees shall be evaluated after six months and after one year of service. During the
first six-month review period, the salary adjustment shall be one-half the normal adjustment for an
appraisal rated satisfactory or above.
All appraisals will be in writing and be signed by both the City Manager and the manager being reviewed.
5. Compensation for Performance.
(This section shall be suspended for one fiscal year, per attached Exhibit "B").
Salary adjustments for annual appraisal reviews shall be made in good faith and be based on the following
schedule:
Below Standard Performance: a reduction in salary of up to _.
Standard Performance: a salary increase of CPI plus up to _.
Above Standard Performance: a salary increase of CPI plus up to _.
Exceptional Performance: a salary increase of CPI plus up to _.
For purposes of the Agreement, CPI shall be defined as the Consumer Price Index published by the US
Department of Labor Bureau of Labor Statistics for the San Francisco-Oakland-San Jose regional area for
Urban Wage Earners and Clerical Workers which is published bimonthly. The CPI to be used shall be the
one most recently published prior to each manager's anniversary date.
EXHIBIT "A"
6. Administrative Leave. •
CITY shall grant management employees, on a fiscal year basis,' five days of administrative leave. Such
leave shall betaken in a manner consistent with the use of general leave.
7: Implementation.
CITY agrees to recommend the above understanding to the City Council for ratification. Following such
ratification, implementation shall be by resolution of the City Council
AGREED ON BEHALF OF THE CITY OF SARATOGA:
Dave Anderson, City Manager
Date
AGREED ON BEHALF OF THE SARATOGA MANAGEMENT ORGANIZATION:
~~
Jo isani, President
Date
I
E~{IIIBIT "B"
• The Letter of Understanding between the City and SMO, Exhibit "A," is hereby amended as follows for the
fiscal year July 1, 2003 through June 30, 2004:
SMO shall adopt a 9/80 work schedule that begins the first pay period of July 2003 (July 4a'). • The
workday, workweek and work period is defined as follows: The workday begins at 12:01 A.M. and
ends at 12:00 midnight. The workweek begins at 12:OOPM Friday and ends at 12:OOPM on Friday.
The work period (pay period) is the period encompassing two consecutive workweeks. •
2. SMO salaries will not; be subject to any merit increase for the term of this 1-yeaz agreement.
Reference to Section V, Exhibit "A" is suspended for one fiscal year.
3. Salary ranges and steps will be adjusted by the December 2002 Consumer Price Index published by
the US Department of Labor Bureau of Labor Statistics for the San Francisco-Oakland-San Jose
regional area for All Urban Consumers, rounded to the nearest 10~' (1.4%).
CITY agrees to recommend the above understanding to the City Council for ratification. Following such
ratification, implementation shall be by resolution of the City Council.
. AGREED ON BEHALF OF THE CITY OF SARATOGA:
Dave Anderson, City Manager
Date
AGREED ON BEHALF OF THE SARATOGA MANAGEMENT ORGANIZATION:
1 ~~
Joan isani, President
~~~ o! 03
Date
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SARATOGA CITY COUNCIL
MEETING DATE: April 16, 2003
ORIGINATING DEPT: Community Development
AGENDA ITEM:
CITY MANAGER: ~~
PREPARED BY: Thomas Sullivan, AICP
DEPT HEAD: _
SUBJECT: APPEAL OF PLANNING COMMISSION DENIAL OF A VARIANCE
RECOMMENDED ACTION:
All parties related to the issue before the City Council have made ongoing disparaging remarks
about the City Staff. I have investigated the appeal and am providing a report to the City
Council, but I am declining to make a recommendation on the appeal. This seems to be the most
fair and equitable path. I will put forth the facts as fairly and as impartially as possible. I believe
there is evidence to support a decision to either grant or deny the variance request. Whatever the
City Council's action is, the City Attorney and I will prepare a formal Resolution, with findings,
and place that Resolution on the Council's Consent Calendar for the next regular meeting.
REPORT SUMMARY:
The Appellant is requesting the City Council overturn a Planning Commission denial of a
variance to allow the over-Code height of the 190-foot section of the existing property line wall
along the north and northeasterly sides of the parcel (adjacent to the DAVIES, SMITH AND
I{ING properties). The location of the wall is shown on the next page. The City Code allows a
maximum height of 6-feet; the request is to allow the existing wall to remain. The existing wall
reaches heights 7-feet 6-inches in certain portions. This staff report describes the findings that
must be made to grant a variance and the facts relevant to making that determination. The staff
report also describes ho~v the variance decision will affect the manner in which the City's tree
protection ordinance applies to the property and discusses concerns that have been raised by
adjoining landowners concerning the relationship of the wall to private easements in the vicinity.
The staff report concludes with a list of conditions that could be placed on the project in
conjunction with an approval of the variance.
The Variance Findings
According to the City Code, the purpose of a variance is as follows:
"The Planning Commission is empowered to grant variances in order to prevent or to
lessen such practical difficulties and unnecessary physical hardships inconsistent with the
objectives of this Chapter as would result from a strict or literal interpretation and
enforcement of certain zoning regulations. A practical difficulty or unnecessary physical
hardship may result from the size, shape or dimensions of a site or the location of existing
structures thereon, from geographic, topographic or other physical conditions on the site
or in .the immediate vicinity or from population densities, street locations, or traffic
conditions in the immediate vicinity. Cost to the applicant of strict or literal compliance
with a regula4ion shall not be the sole reason for granting a variance. The power to grant
variances does not extend to use regulations and any use which is prohibited undeY the
regulations df his Chapter may not be authorized through the granting of a 'variance."
Section 15-70.010.
Location of the 190' wall
Highway 9
(yak Place
SMITH
DAMES ~ ~ ~ KING
190'
CUTLER FENCE
In considering appeals, the authority to grant or deny a variance is passed on to the City Council.
Both the ,Saratoga City Code and State law require that findings of fact be made regarding the
granting of variances to the provisions of the Zoning Code. Subsections 15-70.060 (a), (b) and
(c) of the Saratoga Code apply to the wall or fence height variances requested by appellant
CUTLER. The City Code sets forth the required findings as follows:
15-70.060 Findings required for granting of variance.
The approving authority may grant a variance as applied for or in modified form if, on the basis
of the application and the evidence submitted, the approving authority makes all of the following
findings:
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"(a) That because of special circumstances applicable to the property, including size,
shape, topography, location or surroundings, strict enforcement of the specified regulation
would deprive the applicant of privileges enjoyed by the owners of other properties in the
vicinity and classified in the same zoning. district.
(b) That .the granting of the variance will not constitute a grant of special privilege
inconsistent with the limitations. on other properties in the vicinity and classified in the
same zoning district.
' (c) That the granting of the variance will not be detrimental to the public health, safety or
welfare, or materially injurious to properties or improvements in the vicinity.
(d) If the variance is for any regulation pertaining to signs, the Planning Commission shall
also find that the granting of the variance will not introduce a visual element, which is
inconsistent with the appearance of the immediately surrounding area.
(e) If the variance is for any regulation pertaining to off-streetparking or loading facilities,
the Planning Commission shall make the following additional findings:
(1) That strict enforcement of the specified regulation is not required by either present or
anticipated future traffic volume or traffic circulation on the site.
(2) That the granting. of the variance will not result in the parking or loading of vehicles on
public streets in such a manner as to interfere with the free flow of traffic on the streets."
Mr. Cutler prepared responses to the three required findings, which can be found in the
Attachments Section of this Staff Report. Staff has provided a discussion of the findings
of fact below.
Discussion of Mandatory Findings
This section of wall is an existing 7-foot 6-inch tall wall. The applicant/appellant requested to be
allowed to retain this wall in its 7-foot 6-inch height. The maximum height allowed pursuant to
Saratoga Code section 15-29.010 (a) is 6-feet. The Saratoga Code defines how height is
measured in section 15-06.340. This section states, in part, ".... In the cases of fences, walls
and hedges, the height thereof shall be measured by a vertical line from the highest point of
the fence, wall or hedge to a point directly below at either the natural grade or the finished
grade, whichever is lower. ...." It must be noted that a small portion of this wall section is not
over the 6-foot height maximum. That portion is adjacent to the I{ING property. The facts
relevant to each of the required findings are discussed below.
Saratoga Code section 15-70.060 (a). That because of special circumstances applicable to the
property, including size, shape, topography, location or surroundings, strict enforcement of the
specified regulation would deprive the applicant of privileges enjoyed by the owners of other
properties in the vicinity and classified in the same zoning district.
Size -The parcel is 27,000 sq. ft. and is zoned R-1-10, 000. Parcels in the general vicinity range
from 6,000 to 35,000 sq. ft.
Shape -The parcel is a "flag" lot in a rather unusually designed subdivision that has access from
both Oak Place and Saratoga-Los Gatos Road. The property along the 190-foot section of the
3 of 7
wall is' irregular in that it juts into the SMITH parcel 12-feet and is also encumbered with an . .
ingress/egress easement. ~ ,
Topography -The CUTLER property has 'a gentle slope and is higher in elevation than the
three properties contiguous to the 190-foot wall. '
Location -The most unique locational feature of the CUTLER parcel is that there are 10
properties that are contiguous to it. This impacts the ability of the residents of the' parcel to'
maintain privacy- Additionally, the existence and location of the ingress/egress. easements could
also be cited as a unique feature.
Surroundings -The general vicinity is comprised of single-family dwellings.
It is arguable that the only special circumstances that the CUTLER parcel has is the
ingress/egress easement, the 12-foot offset in the property line and being surrounded by 10 other
parcels. The Council needs to determine if the strict enforcement of the 6-foot fence height
limitation would deprive CUTLER from enjoying his property in the same manner as property
zoned the same in the general vicinity. Staff has reviewed a map of the City and was able to
find five examples where a single lot has five to nine contiguous parcels. All five of the
examples were flag lots. Staff was unable to quickly find a situation were there were ten
contiguous parcels. Even assuming there: were twice as many examples, out of approximately
12,000 parcels in the City of Saratoga one could argue that ten such examples still could be
considered a special circumstance. The Planning Commission found that the fact that the
CUTLER parcel is surrounded by 10 other parcels constitutes a special circumstance. It further
determined that this circumstance does not necessarily deprive the Applicant of privileges
enjoyed by owners of other properties in the vicinity. Whether the Cutlers are thereby deprived
of privileges enjoyed by other owners of property in the vicinity is clearly a judgment. call within
the discretion of the Council.
Saratoga Code section 15-70.060 (b). That. the granting of the .variance will not constitute a
grant of special privilege inconsistent with the limitations on other properties in the vicinity and
classified in the same zoning district.
The Planning Commission found that the evidence regarding other fences in the vicinity
(considered in the aggregate) did not, in the Planning Commission's view, sufficiently establish a
consistent pattern of overheight fences in the vicinity. The applicant/appellant contends and has
.provided a map delineating properties in the general vicinity that have fences in excess of 6-feet.
Staff has provided a copy of the map as Attachments labeled "Applicant's Submittals.
Subsequent to the Planning Commission Hearing, City Code Enforcement has conducted a
review of the submitted information and generally concurs that there are fences in the general
vicinity that are in excess of 6-feet tall. The report from the Code Enforcement Officer is
attached. There clearly are at least some fences, which exceed City Code height limitations
which have been grandfathered in the vicinity. Whether the issuance of a variance to the Cutlers
would be a grant a special privilege inconsistent with the owners of property in the vicinity is
clearly a judgment call within the discretion of the Council. At the same time, one of the .
contiguous parcels, the DAMES property, to the 190-foot section of wall had constructed a 7-
foot 6-inch wood fence and through complaints filed with the City's Code Enforcement, that
4of7
property owner was directed to remove the portion in excess of 6-feet. However, that property
owner (DAMES) has submitted a letter approving the CUTLER wall, as has the other property
owner (SMITH) whose property is adjacent to the portion of the CUTLER wall, which exceeds
6 feet in height.
Saratoga Code section 15-70.060 (c). That the granting of the variance will not be detrimental
to the public health, safety or welfare, or materially injurious to properties or improvements in
the vicinity.
The City Council needs to ask and answer, "Does this existence of a 7-foot 6-inch property line
wall create a situation that is detrimental to the public health, safety or welfare, or materially
injurious to properties or improvements in the vicinity?" The Council also needs to indicate
why or why not the 7-foot 6-inch wall does or does not create such a situation. As set forth
above, the only two property owners (DAMES and SMITH) adjoining the portion of the 190-
foot wall, which exceeds 6 feet in height, have indicated their approval of the wall. The
Planning Commission found: that the granting of this. Variance would not be detrimental to the
public health, safety and/or welfare, and will not be materially injurious to properties or
improvements in the vicinity in that the only two property owners (DAMES and SMITH)
adjoining the portion of the 190 foot wall which exceeds .6 feet in height have indicated their
approval of the wall.
Tree Protection Requirements
Section 15-50.110 of the Saratoga Code does not allow structures within 10-feet of a protected
Oak tree unless otherwise permitted by the Planning Commission. If the requested variance is
approved; portions of the wall would remain over 6-feet tall and it would therefore be considered
a "structure" (see discussion below). Because the wall is within 10 feet of three protected Oak
trees, Planning Commission approval of the wall would be required or conditions imposed to
protect the trees.
The wall would be a "structure" because City Code Section 15-06.670 defines "Structure" as
follows:
"Structure' means that which is built or constructed which requires a location on
the ground, an edifice or building of any kind, or any piece of work artificially built
up or composed of parts joined together in some definite manner. "Structure"
includes retaining walls, decks, patios, swimming pools, and recreational courts but
does not include a fence or a wall used as a fence not exceeding six feet in height."
(Similarly, section 106.2 of the Uniform Building Code exempts fences less than 6 feet in height
from the requirement to obtain a building permit.)
Sensing that. -the matter would be appealed, the Planning Commission continued to a date
uncertain consideration of whether and under what conditions the wall should be allowed. This
decision is a separate action and is not part of the variance. The Planning Commission will need
to consider the matter only if the variance is approved. If the variance is denied, the wall will be
no higher than 6 feet and the tree protection ordinance will. not apply.
5 of 7
Easement Issues
There are also "easement" issues that have been raised with regard to wall location. Staff has
provided a copy of the parcel map that created the various easements. The parcel map that
created the three parcels, which are currently owned by BRECK, MATAS and CUTLER,
created reciprocal ingress and egress easements. The DAVIES gain access to their garage over
CUTLER'S property, which extends to Oak Place. The Parcel-Map also created a Public Service
Easement and a Sanitary Sewer Easement.
The City is not a party to any of the easements and does not have the authority to enforce the
provisions of any of them. Any approval given to any of the variances requested will be without
prejudice to any, property rights of any affected property owner.
Conditions of Annroval
The City Council can conditionally grant the appeal. If the City Council chooses to grant the
appeal, which would have the effect of approving the Variance request, and of leaving the 190-
foot wall as a structure (and thereby requiring the Planning Commission to consider whether to
allow a structure within within 10 feet of Oaks and under what conditions), the following
conditions should be considered and, if required by the Council, made a prerequisite of the
issuance of a variance:
1. That all of the recommendations of the City Arborist and previously adopted by the •
Planning Commission regarding protection of trees related to the development of
fencing on the Cutler property be fully implemented to the satisfaction of the City
Community Development Director.
2. That the cost associated with preparing City Arborist Reports regarding protection of
trees related to the development of fencing on the Cutler property be reimbursed to
the City.
3. That all applicable City fees be paid in full.
4. That all agreements between Applicant and City for Applicant to replace trees be
fu]ly implemented.
5. That a landscape plan consistent with the City Arborist's recommendations be
submitted to the City for review and approval
6. That the Applicant execute an indemnification agreement with the City satisfactory to
the City Attorney.
FISCAL IMPACTS:
There are no direct fiscal issues related to granting or denying the appeal.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
N/A
ALTERNATIVE ACTION:
The City Council can grant the appeal, conditionally grant the appeal or deny the appeal.
6of7
~~ FOLLOW UP ACTION:
This depends upon the City Council's action.
.ADVERTISING, NOTICING AND PUBLIC CONTACT:
This agenda was advertised in the Saratoga News in the April 2, 2003 edition, Public Hearing
notices were mailed to property owners within 500 feet of 14430 Oak Place on March 31, 2003
and was duly posted on Apri12, 2003.
ATTACHMENTS:
1. Appeal Application completed by Mr. Cutler
2. Planning Commission minutes from February 12, 2003
3. Planning Commission Resolution #03-005
4. Maps showing multiple contiguous parcels
5. Report from Code Enforcement regarding fence heights in the general neighborhood.
~~
7 of 7
Attachment 1
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'T'HIS BOX TO BE COMPLETED
BY THE C TY CLERK
DATE RECEIVED: ~ 7 2 GG
HEA1tINC DATE:
FEE: ~d,S'O •G-U
RECEIPT # ~S ~,S'O
CIT'S~ OF SARATOGA
PLANNING COMMISSION
APPEAL APPLICATION
This two-part application must be submitted to the City Clerk, l 3777
Fruitvale Avenue, Saxatoga CA 95070, by 5;00 p.m. within fifteen (15)
calendar days of the date of tie decision.
Appellant Name:
Address: _
~Q
.yak ~7a ~ ~g~~ ~x ~ yo~~~ - r~~
Telephone #:
Name of Applicant (If
different than Appellant):
Project file number and address:
Decision being appealed: ~' ~a'b~, Sf~ G!~'~ '~~ ~9G' F~ F~'tlG~
--_.-~ a .,3 . e3
Appellant's Sib afore Date
(Please do not sign this application and the attached authorization. until it i° -
present at City offices)
Grounds for appeal (letter may be attached):
.. "i .
CITY OF SARATOGA
APP3EAL APPLICATION •
PART 2 ,
AUTI~[ORIZAT> ON FOR PUBLIC NOTICING
I, ~/%y~~G~// i t ~~, appellant on Project' ,
Herby authorize Engineering Data Services to perform legal noticing' for this
appeal application.
Signature - ~ Date ~~ ~-~
APPEAL FEES AS OF 7/99 (RESOLUTION 99-35)
D Municipal Code Section 2-05.030 (a) appeals:
o No Hearing ....... ..:.........................................$100.00
o With Hearing ...:..:.........:................................$200.00
^ Municipal Code Section 15-90.010 appeals (zoning related):
o Appeals from administrative decisions to Planning Commission
$150.00
^ Municipal Code Section 35-90.020 appeals (zoning related):
o Appeals from the Planning Commission to City Council
$250.OD
^ Request. for continuance:
o For first request ...::.................:...................:... No Charge
,`
. To: City of Saratoga 01-09-03
Addendum
Please include this additional information into my variance request package. For
your information, the property at 14480 Oak Place was origutally part of a lazger property
belonging to 20375 Highway 9. Approximately 22 years ago the property at 20375
Highway 9 was subdivided into 3 unequal parcels. The property was divided by Mr. AI
Schrager, a former resident at 20375 Highway 9 and Mr. Frank Maras, the current
residem at 20385 Highway 9. Both Schrager and Maras were not professiorra] engineers,
and subsequently have created numerous problems due to their amateur surveying. They
created a subdivision that was neither uniform nor considerate of future difficulties,
which they created. In fact, there were 2 previous lawsuits against the owner of 14480
Oak Place (formerly 20379 Highway 9) in which disagreements regarding ill planned
easements were addressed and solved by the courts to the satisfaction of 14480 Oak Place
(enclosed), A review of the parcel map shows that there are an unusually large number of
adjacent neighboring properties. In fact, there are 9 neighbors who share borders with
14480 Oak Place. There are 2 exits from the property. The first exit onto Oak Place, and
the second exit onto 1-Iighway 9. Both exits have particular casements associated with
their uses and not all the neighbors have legal access rights to these easements. I wonder
how many people could get x119 neighbors to agree to a few home remodel changes,
never mind landscape concerns or fence issues.
If we are to seriously investigate the imbalances created by the poor lot design
years ago, we can appreciate the mistakes that have been made concerning this property
and the necessary modifications needed. A119 of the adjacent neighbors currently have
fences above 6 feet. There exist wood fences, chairs link fences, iron fences, and now a
concrete fence that stiurnund my property. In the general neighborhood there are brick
fences, barbed wire fences, steel fences and plastic fences. As you can plainly see, there
is no uniformity to the fences or their heights.
My legal I90-foot concrete fence is 6 feet tall on my side and 7'6" on the Bavies
side. However, a review of my engineering design that was approved by the City of
Saratoga back in February of 2002 cleazly shows that my side of the fence would have
infill added to help to correct the drainage problem. The neighbor's side was approved by
the City of Saratoga to be at 7'6". Furthez, should the wall be cut down by I8 inches it
would create a temtous instability for the remaining concrete wall (see engineering
report). Jf we were forced to reduce the height of the first 190 Beet of wall I would then
have to remove the following 300 feet of concrete wall for obvious aesthetic unbalances.
The cost for this would certainly need to be addressed by the City of Saratoga and my
reimbursement paid accotdittgly.
Regarding the southwest comer of my property. The City's position is that along
any front set back there must be a 25-foot minimum height requirement no taller than 3
feet. I agree with this position, especially where there exists an unsafe, or visually
FROM LRFONDUE
FRX N0. 4088679144 Jdn. b7 ~b03 03:44YM I'G
• •
impaired condition. However, ai the southwest comer of my lot there are no driveways, •
roads or dangerous conditions, just an ugly view of mgneighbor Mr. Goldman's garbage
area., A legal 6-foot high fence would cover this eyesore. A legal 6-foot fence would not
further endanger the adjacent Oak Tree as~the Arborist report clearly states that any
damage has already been done and the mitigation actions will help the future of this Oak
Ttee: Further, a proposed 3-foot fence would not help my relationship with Mr. Breck.
However a 6-foot fence would allow both parties to keep to themselves. In the past, Mr:
Wreck's concerns have been about mean spirited punishments, not for providing for
privacy rights or genuine tree comcerns.
The southwest comer of my lot should have a 6-foot fence and not a 3-foot fence
for another important reason. My plans fora 6-foot fence along this comer were
approved on February 22, 2002. A 6-foot tall cedaz fence was approved then without any
concerns. The topographical map clearly shows this approval. I do not believe that the
unfair and unjust recent alteration from a 6foot to a 3-foot fence is based on any rational
view. I believe that the City of Sazatoga has unfairly reinterpreted the height factors to
my detriment because. of efficient politicking by a few bitter neighbors.
I believe the right decision at my variance request would be to allow my 190-foot
fence to remain the way it is. I believe that my concrete fence at the southwest corner
should be allowed to 6 feet tall. T hope that the continuous proposed fence between the
Cutlers and the Brecks be allowed to be built up to 6 foot in height.
Mitchell Cutler .
cc. City of Saratoga Planning Commission
City Counci] of Saratoga
Allan Nudelman Esq
Saratoga News
SanJose Mercury News
Attachment 2
MINUTES
SARATOGA PLANNING COMMISSION
DATE: Wednesday, February 12, 2003
PLACE: Council Chambers/Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA
TYPE: Regular Meeting
Chair Jackman called the meeting to order at 7:00 p.m.
ROLL CALL
Present: Commissioners Garakani, Hunter, Jackman, Roupe and Zutshi
Absent: Commissioners Barry and Kurasch
Staff: Director Tom Sullivan, City Attorney Jonathan Wittwer, Planner Lata Vasudevan and
Planner Ann Welsh
PLEDGE OF ALLEGIANCE
APPROVAL OF MINUTES -Regular Meeting of January 22, 2003.
Motion: Upon motion of Commissioner Roupe, seconded by Commissioner Garakani, the
regular Planning Commission minutes of January 22, 2003, were approved as
submitted with one correction to page 5.
AYES: Garakani, Hunter, Jackman and Roupe
NOES: None
ABSENT: Barry and Kurasch
ABSTAIN: Zutshi
ORAL COMMUNICATION
There were no oral communications.
REPORT OF POSTING AGENDA
Director Tom Sullivan announced that, pursuant to Government Code 54954.2, the agenda for this
meeting was properly posted on February 6, 2003.
.REPORT OF APPEAL RIGHTS
Chair Jackman announced that appeals are possible for any decision made on this Agenda by filing 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).
Saratoga Planning Commission Minutes of February 12, 2003 Page 2
CONSENT CALENDAR
There were no Consent Calendar Items.
*+*
PUBLIC HEARING -ITEM NO.1
APPLICATION #02-269 (397-22-051) -CUTLER, 14480 OAK PLACE: Request for Variances to
allow an existing 190-foot section of wall to be in excess of the City Code maximum 6-feet in the side
yard setback and to remain 7-feet, 6-inches; fora 56-foot section of fence in the front Yazd setback to
exceed the City Code maximum of 3-feet to be allowed to be constructed 6-feet tall; and a 25-foot
section of fence in the front yard setback to exceed the City Code maximum of 3-feet to be allowed to
be constructed 6-feet tall. The Planning Commission will also consider allowing a structure to be
constructed within 10 feet of am Ordinance protected Oak tree. (SULLIVAN)
Director Tom Sullivan provided the staff report as follows:
• Advised that staff has provided no formal recommendation to the Commission regarding the issue
of placing a structure within 10 feet of a protected tree.
• Described the Variance requests:
• Variance One: Seeks height exception fora 190-foot section of wall on the north and
northeasterly sides of the subject parcel. Zoning allows a 6-foot maximum height. Portions of
the wall are 7.5 feet high, which would categorize it as a structure. Fences less than 6 feet in
height do not require permits. Fencing in excess of 6 feet in height requires building permits:
• Variance Two: Seeks a 6-foot high wall along a 56-foot portion at the southwest side of the
subject property, which represents the front property line of the Cutler property and reaz
property line of the Breck property. A 25-foot section of this proposed 56-foot wall would fall
within the front yard setback, for which zoning limits fence heights to 3 feet or less whereas Mr.
Cutler is asking for 6-foot height. Stating that there are several easements (access, public
services, sanitary sewer and a landscape agreement between the CutlerBreck properties. Added
that while the City is not a party to these easements and has no authority to enforce the
provisions of these easements, they have become a discussion item as part of this request.
Commissioner Roupe asked for further information on the easements.
Director Tom Sullivan advised that the 56-foot long section overlaps the landscape easement by nine to
10 feet but does not deny the Brecks access. Added that a portion of the 190-foot wall sits over a
circular easement that had been required by the Fire Department, an issue that was the subject of
litigation.
Commissioner Roupe asked if the litigation had concluded.
Director Tom Sullivan:
• Replied that the litigation concluded in 1992.
• Added that the wall is actually less intrusive on the easement than what was previously there.
• Said that the Commission needs to focus on the facts that relate to the three mandatory findings.
• Provided language from the City Code regarding the purpose of a Variance.
Saratoga Planning Commission Minutes of February 12, 2003 Page 3
• Advised that both City and State law requires findings of fact to support issuance of a Variance,
• Said that the three specific findings of fact in the Saratoga Code include: the finding that there aze •
special circumstances that make the property unique (shape, typography, etc.); the finding that
issuing a Variance would not represent a special privilege; .and the finding that the issuance of a
Variance would not be a detriment to the public health, safety and 'welfare.
• .Suggested that the three Variance requests be discussed individually.
• Said that the 190-foot wall affects two adjacent properties.
Described the subject property as being a 27,000 square foot parcel within an R-1-10,000 zoning
district.
• Reminded that flag lots are required to be lazger and that the lots in the area range from between
6,000 and 35,000 squaze feet.
• Mentioned that this subject site has access from both Oak Place and Saratoga Los Gatos Road.
•, Advised that the typography of the property includes a gentle slope and that the property has a
higher elevation than three of the contiguous properties do.
• Reminded that the Cutler property has 10 contiguous properties, which impacts the ability to
maintain privacy. With the surrounding properties being single-family residences, there is nothing
particularly unique in that situation. However, the easement, 12-foot offset and 10 contiguous
properties together could be counted as unique conditions.
• Said that the City's Code Enforcement Officers concur that there are numerous fences in excess of
six feet in height in the immediate vicinity per Mr. Cutler's exhibit.
• Said that as for the issue of public health, safety and welfare, the Commission would need to
determine if this would create detrimental conditions. If so, why. If not; why not.
• Added that two property owners support the request with conditions.
• Spoke to the issue of special privilege by reminding that this property is not similaz to the typical
R-1-10 as the applicant's front yard is Mr. Breck's reaz year. Mr. Breck could build a 6-foot high
fence in the same area as Mr. Cutler seeks to build by right, simply because it is his rear property
line.
Commissioner Roupe asked for- clarification that the physical address has nothing to do with the
determination of the front yard.
Director Tom Sullivan:
• .Replied no.
• Said that the. Mr. Cutler wants his 56-foot wall to be six feet high instead of the allowed three feet
for a front yard wall.
• Added that another 25-foot fence section intersects with this 56-foot section and is in the front yard
setback-but is on the Cutler side property line. Again, the height limitation on the Cutler side is 3
feet while the adjacent property owner. (Goldman) could install asix-foot high fence since this is
his rear yard.
• Stated that size, shape, typography and location unique features are the same for the 25-foot section
as for the 56-foot section.
• Said that if the Variance is granted for the 190-foot wall, it would be determined to be a structure
and the Commission would be required to determined if said structure could be allowed to remain
within 10 feet of a protected tree.
• Reminded that the Commission had discussed this issue with the previously-reviewed 300 foot.
section of wall and found the horizontal footing to be a structure and left the determination as to
Saratoga Planning Corrimission Minutes of February 12, 2003 Page 4
whether it should be left or removed to the discretion of the City's Arborist. The Arborist said that
more damage would be done to remove than to leave it in place.
Commissioner Roupe stated that it had been the intent of the Commission to look at the wall in its
entirety but was not able to do so. Asked whether if,the Commission decided not to approve if the same
conditions imposed for the 300-foot section could be imposed.
Chair Jackman brought the Goldman property section up.
Director Tom Sullivan:
• Said that included a poured footing and that this footing is part of the 25 foot fence section and part
of the 300 foot section ruling that has already been made.
• Recapped his discussion to describe the specific Variance requests under consideration this
evening. A Variance to allow an existing 7-foot, 6-inch high 190-foot long wall to remain. A
Variance to allow the construction of a 6-foot high fence along a 56-foot portion where the Code
only allows a 3-foot height. A Variance to allow the construction of a 6-foot high 25-foot long
section of fence within a front yard setback where Code allows 3-foot height.
• Added that a determination would be required to be made that allows a structure to remain within
10 feet of Oaks along the 190 foot section if these requests are approved.
• Advised that the actions possible this evening are the granting or denial of these Variance requests.
Tf granted, the Commission can impose conditions of approval.
• Pointed out that the City Attorney has advised that Items 1, 2 and 3 for this request can be appealed
within 15 days but that Item 4 would be final and could not be appealed.
Commissioner Zutshi pointed out that Item 3 appears to be an eastside property line.
Director Tom Sullivan agreed but pointed out that it is situated within the front setback area.
Chair Jackman asked if each request should be considered separately.
Director Tom Sullivan suggested that [his would be the best way to proceed.
Chair Jackman opened the Public Hearing for Agenda Item No. 1 at 7:29 p.m:
Mr. Mitch Cutler, Applicant and Property Owner, 14480 Oak Place, Saratoga:
• Said that he has presented his information and would waive his right to present anything further.
• Made himself available for questions.
Commissioner Roupe asked for a rundown on how this situation came to be. Said it appears Mr. Cutler
obtained permits but what was constructed was brought into question.
Mr. Mitch Cutler:
• Stated that he received permits on February 22, 2002, for the construction of the 7.5-foot high
fence. He said he considers this to be a six-foot fence but there is also a 1.5 -foot back fill area.
• Added that engineering plans had been provided and that the wall was built as depicted on the plans
and was finaled by the City on March 11, 2002.
• Said that following a complaint by one neighbor, Mr. King, the City reevaluated its position.
Saratoga Planning Commission Minutes of February 12,2003 Page 5
Director Tom Sullivan:
• Explained that a permit was issued fora 190-foot fence not to exceed six feet in height..
• Said that the Department was requested to inspect what was installed and the height came into
question. Added that the only inspection on record is for the piers and'staff does not say that this
wall was finaled.
Commissioner Roupe asked if height is measured from natural or finished grade.
Director Tom Sullivan pointed out that the Zoning Code (Section 29) defines measured height as being
measured on the low side from top to natural or cut grade and not from fill grade.
Commissioner Garakani asked about the purpose for the 56-foot section and why it is not all the way to
the front.
Mr. Mitch Cutler said that this section does not enter into the landscape agreement area and that he
wants the wall for noise attenuation from Highway, privacy and to block views of the garbage
containers stored on his neighbor's property.
Commissioner Garakani asked why Mr. Cutler does not continue the fence all the way.
Mr. Mitch Cutler replied to adhere to the landscape agreement. Added that there are lots of boundary
issues and he has been advised by counsel to stay away from that area.
Ms. Holly Davies, 14478 Oak Place, Saratoga:
• Described the proposal as Wall 1 (180 feet), Wa112 (next 300) and Wa113 (yet to come).
• Suggested that only Wall 1 be approved with conditions as it gives noise abatement and privacy to
her property.
• Said that five of her Oak trees have been heavily impacted by the construction of the wall and that
tree bonds are needed.
• Predicted that trees will die due to fill that has been brought in and that when these trees die she
wants the funds to be available to replace the four Coast Live Oaks and one Black Oak tree.
• Recommended that no additional paving or structures be allowed within 10 feet of any Oaks.
• Asked for Oak compatible screening.
• Suggested the addition of a lattice/trellis feature against the wall to hide the raw concrete and soften
its appearance.
• Pointed out that the entrance to the Cutler property is not from Oak Place as they say it is.
• Reiterated her recommendation that the first Variance request be approved and the other requests be
denied.
Commissioner Hunter said she saw a new fence on Ms. Davies property during the site visit.
Ms. Holly Davies said she would take down her fence if she can place trellis against the wall.
Mr. Patrick Matas, 20385 Saratoga-Los Gatos Road, Saratoga:
• Said he speaks on behalf of his parents and expressed his confusion on how a Variance can even be
considered since there are easements in place that have been overlooked.
Saratoga Planning Commission Minutes of February 12, 2003 Page 6
• Pointed out that the easement appears on his parents' deed.
• Commissioner Zutshi reminded Mr. Matas that the Commission has nothing to do with enforcement of
easements.
Mr. Patrick Matas:
• Said that seven months later, Variances are being considered.
• Pointed out that they still have a valid easement.
• Stated that his parents. have secured a letter from their surveyor that documents that the wall
encroaches two feet into their easement.
• Said that his parents bought the property with the easement in place for fire access and that the deed
has not changed.
• Challenged that the City does not have the right to give a permit to allow building on his parents'
easement.
Commissioner Garakani asked whether prior to the wall if the Matas had objected when the new
wooden fence was installed on the Davies property.
Mr. Patrick Matas replied not at the beginning.
Commissioner Roupe asked the City Attorney to provide input.
Mr. Jonathan Wittwer, City Attorney, Wittwer & Perkin, LLP:
• Clarified that easement rights are between private property owners and that only a court can enforce
them, not the Planning Commission or even City Council.
• Added that if the City grants a Variance, it has no impact on the easement rights. To enforce an
easement, the parties would have to go to court.
• Recommended adding language in the event that this request is approved that states that said
approvals do not affect any easement or boundaries.
Mr. Frank Matas, 20385 Saratoga-Los Gatos Road, Saratoga:
• Stated that he went to the City last year and was told by a planner that no structure could be allowed
to be constructed on an easement.
• Questioned the City's contention that it is not responsible for enforcing that.
City Attorney Jonathan Wittwer said that this issue would have to be dealt with in court.
Chair Jackman reiterated that the City cannot make a judgement on easement issues and that a court
would need to decide such issues.
Mr. Frank Matas expressed dismay that the City would allow construction on an easement.
City Attorney Jonathan Wittwer said that the City does not itself put a structure on an easement.
• Director Tom Sullivan pointed out that the plans submitted depict the fence to be on the property line.
Saratoga Planning Commission Minutes of February 12; 2003 Page 7
Mr. Frank Matas reminded that his surveyor has documented that the fence is two feet onto the
easement., ,
Director Tom Sullivan said that this information was provided after the fact. '
Mr. Frank Matas disagreed and said that the information was availab]e prior to the wall being insfalled.
City Attorney Jonathan Wittwer said that the City cannot detemvne where the easement is located as it
does not have jurisdiction to do so.
Mr. Frank Matas:
• Dec]ared that it should not be his responsibility to tell the City what to do.
• Asked that no Variance be granted and that the wall be taken down.
Mr. Bill Breck, 20375 Saratoga-Los Gatos Road, Saratoga:
• Said that he has found gross mistakes in the packet.
• Stated that since this hearing is to consider three major Variances he would require more than three
minutes to speak to the project.
Director Tom Sullivan said that it is important to treat al] speakers the same.
Mr. Bill Breck:
• Said that easements are depicted not just on the Grant Deed but also on the Subdivision Map. •
• Advised he is here to protect trees and neighborhood values.
• Informed that Mr. Cutler has sent threatening letters to the neighbors.
• Declared that hundreds of thousands of dollars in tree damage have been inflicted.
• Said that the City has spent $200,000 trying to keep Cutler projects under control.
• Pointed out that this is not an incidental remodel and questioned why two residences are being
allowed on asingle-family lot.
• Stated that there has been destruction of landscaping and natural screening that is destroying the
character of the neighborhood.
• Said that the City is feeling threatened by a Cutler law§uit, which is a terrible situation that violates
the rights of he and his neighbors.
• Said he needs reassurance that the City is not being hobbled by any legal threat.
• Questioned why this hideous wall should be allowed and stated that kids deserve light, air and view
of trees.
• Asked why the Tree Ordinance is not enforced and said it needs to have legal teeth and be enforced.
• Asked why have a Planning Department if it is not enforcing property rights.
• Asked why have a Planning Commission if it allows a historic neighborhood to be destroyed.
• Urged the Commission to take action to deny these Variance requests and to require the removal of
the wall to allow an "open scenic oasis."
Commissioner Garakani asked Mr. Breck about his. objections to the 56-foot long fence at the side yard.
Mr. Breck replied that it would deflect noise from Highway 9 into his backyard.
Saratoga Planning Commission Minutes of February 12,.2003 Page 8
Commissioner Roupe warned that the Commission is not even thinking about requiring the removal of
• the wall. The questions at hand this evening are whether to allow a 190-foot section of wall to remain
7-feet, 6-inches high and whether two sections of fencing are to be'allowed at 6 feet rather than 3 feet
high.
Mr. Bill Breck said that he heard it is an option to require the removal.
Director Tom Sullivan reminded that the Commission's instruction to City Arborist Barrie Coate was to
review the 300-foot section of wall. Added that the horizontal footing was found to be a structure.
However, asix-foot fence itself is not a structure. Barrie. Coate was to advise if the horizontal' footings
were best removed or left in place.
Mr. Bill Breck said that he is still waiting to hear if Barrie Coate says that the above ground concrete
footings should be removed.
Commissioner Roupe said that it was below ground section that was focused upon.
Mr. Bill Breck declared that the 190-foot section is too close to trees.
Mr. Alan Ding, 14472 Oak Place, Saratoga:
• Said that Code prohibits fences over six feet in height and concrete near Oak trees.
• Pointed out that the Cutler wall is 8 feet tall in places and that two feet of fill dirt was placed over
the roots of Oak trees.
• Said that many conversations have been held with Mr. Cutler and his representatives to no avail.
• Said that Mr. Cutler has threatened his neighbors repeatedly.
• Said that he signed an agreement to gain the assurance from Mr. Cutler that he would not cut any
part of their trees over the property line.
• Pointed out that both the City's Arborist and their own privately retained Arborist say concrete is
damaging to Oak trees:
• Stated that the applicant has no intention of protecting these trees.
• Asked that the Commission deny this application and require the removal of the wall.
• Asked that funds be kept in the tree protection bond.
Commissioner Roupe pointed out that if the Commission denies the Variance for the 190-foot length of
wall and Mr. Cutler reduces it to six feet in height, it would be allowed to remain.
Mr. Alan King said that this wall represents a structure near his Oak trees.
City Attorney Jonathan Wittwer reiterated that at 6 feet in height or lower this would be a conforming
wall and not a structure.
Commissioner Garakani wondered aloud if a new application such as this one was received today,
would it be allowed.
Mr. Alan King pointed out that it has a wide footing and pier.
Commissioner Hunter agreed that such construction would not be allowed.
Saratoga Planning Commission Minutes of February 12, 2003 - Page 9
Mr. Tim Abrams, 14470 Oak Place, Saratoga: .
• Said he has four points to make.
• Informed that he moved into his home in August 1997.
• Said that while his is not an adjoining property to the Cutler site, he shares views.
• Stated that individual property owners have the right to do what they like as long as it is not against
Ordinance.
• Stated that there is now risk of trees falling as they aze now damaged.
• Suggested that Codes are not being even]y enforced and stated that it is "easier to ask for
forgiveness than permission."
• Pointed out an article from the San Jose Mercury News regazding a situation in Los Altos and asked
the Commission to help preserve their neighborhood.
Commissioner Garakani:
• Reminded that a permit had been issued for this wall and that the question is between the approved
6-foot height and the actual ?foot, 6-inch wall constructed.
• Stated that the wall. is there. To take it down now would found not fix the-tree damage.
Suggested mitigation for any tree damage.
Ms. Lee Matas, 20385 Saratoga-Los Gatos Road, Saratoga:
• Said that while removing the wall would not put the trees back into their original condition, it would
deter others from breaking the rules.
• Said that this wall should never have been put up in the first place.
• Questioned the wisdom of approving a Variance to allow him to leave something there that is •
already illegal.
• Reminded that they have a deed with a right of way easement and that this Variance wou]d
represent the granting of special privilege.
• Gave various statistics for fence heights in the neighborhood and pointed out that although three
Variances have been issued for the immediate area, not one of them was for fencing.
• Urged that this application not be approved.
Mr. Tom Corson, 18337 Swarthmore Drive, Saratoga:
• Said that he does not live near the Cutler property but knows some of the involved parties.
• Said that these protected trees are o]der than most people present, and even the City of Saratoga
itself.
• Suggested that people must be the stewards of trees as trees are innocent bystanders.
• Encouraged the Commission to do what is fair for trees.
Commissioner Garakani asked Mr. Corson what he specifically suggests.
Mr. Tom Corson replied extra protection of trees, if necessary.
Mr. Mitch Cutler:
Said that while. the Matas have had a survey done, he also had one done and believes that the
property onto which his wall is situated is his own. The surveys disagree. •
Pointed out that Barrie Coate was on site last week and found none of the roots on the King trees to
be damaged in any way.
Saratoga Planning Commission Minutes of February 12, 2003 Page 10
• Added that the Kings have just build a fence on his property, a situation his attorney is working on
to remove,
Commissioner Zutshi asked if the fence on the Davies property was in place before he built his own
wall.
Mr. Mitch Cutler replied yes. He added.that he came back onto his property about 1.5 feet to construct
his wall. Said that the wood fence on the Davies property is not to his taste.
Commissioner Roupe pointed out that Ms. Davies is willing to remove her new wood fence if she is
allowed to place lattice against his wall to accommodate screening landscaping.
Mr. Mitch Cutler advised that he does not want Ms. Davies to anchor anything on his wall or to trespass
onto his property to do so.
Commissioner Garakani pointed out that the wall shared with the King property is lower than the rest.
Mr. Mitch Cutler said that it is 1.5 feet lower as Mr. King objected. Now he thinks it looks silly being
lower than the rest.
Commissioner Hunter asked about two trees depicted on the photo provided by Ms. Matas.
• Mr. Mitch Cutler said that the wall was constructed with piers spaced every 12 feet and none of the
trees have been damaged whatsoever.
City Attorney Jonathan Wittwer asked who provided the photograph mentioned and took the time to
document on the back that the photographic exhibit was provided by Ms. Matas.
Commissioner Garakani asked Mr. Cutler how passionate he is about trees.
Mr. Mitch Cutler advised that there will be between 50 and 100 trees on his property and that he is open
for comments.
Chair Jackman closed the Public Hearing for Agenda Item No. 1 at 8:35 p.m.
Commissioner Zutshi asked staff whether the fact that Mr. Cutler placed his wall 1.5 feet within his
property line makes any difference in how grade is considered,
Director Tom Sullivan:
• Replied that earth on Mr. Cutler's property has been filled to even out his yazd. Fences aze
measured on the low side to natural or cut grade, whichever is lower.
• Reminded the Planning Commission to discuss each request in sequence as presented in the staff
report and to relate each request to the three mandatory findings required to grant a Variance.
Chair Jackman mentioned the first item, the 190-foot section. Reminded that Code allows a 6-foot
• height and Mr. Cutler is requesting approval of a 7-foot, 6-inch high wall.
Saratoga Planning Commission Minutes of February 12,2003 Page 11
Director Tom Sullivan reminded that the three mandatory findings .required include the fact that a
Variance i~,required due to special circumstances of the property, that the Variance would not represent
a special privilege and that the Variance would not be detrimental to the public health, safety, etc.
Commissioner Hunter:
• Stated that she would not support this Variance request as she does not believe in Variances.
• Said that this request is difficult to support. -
• Advised that her home is located on a flag lot with five contiguous neighbors.
• Said that public welfare is not enhanced with such a wall and that this Variance should not be
granted.
Commissioner Roupe:
• Said that if the wall were to be reduced to 6 feet, it would be in compliance.
• Said that he finds nothing to support special circumstances except that this is a flag lot with a
number of contiguous properties.
• Added that determining whether this is special privilege is difficult to assess, as it is hazd to
determine just when other tall fences were installed in the immediate area and whether some of
them are grandfathered from current Ordinance requirements.
• Said that there is no issue of public safety but only the issue of the flag lot and desire for privacy.
City Attorney Jonathan Wittwer cautioned that the Commission must be able to make all three
mandatory findings.
Commissioner Hunter said that she lives on a flag lot and feels that 7 foot 6 inch fences impinge on
others.
Commissioner Roupe said that he is unable to make all three findings except for one.
City Attomey Jonathan Wittwer reiterated that all three findings must be made. Clarified that Finding
#2 means that this Variance would not give a special privilege that others in the neighborhood do not
have.
Commissioner Hunter suggested that approval of this Variance would result in setting precedence.
City Attorney Jonathan Wittwer said that each Variance request is reviewed on its own merits.
Commissioner Hunter expressed her opinion that such a Variance would influence future decisions.
City Attorney Jonathan Wittwer said that the City is not legally bound to grant approvals in all other
cases.
Commissioner Zutshi said that she cannot support this request and finds the Variance to be
unnecessary.
Commissioner Garakani: .
• Said that it is unfortunate to be dealing with something that has already been installed.
Saratoga Planning Commission Minutes of February 12, 2003 Page 12
• Questioned how the Commission might consider ,this request had the wall not already been
installed.
• Pointed out that fencing higher than 6 feet is appropriate if living adjacent to a major roadway such
as Highway 9. In cases such as that, a higher fence might help reduce noise impacts.
• Said that he cannot see that need in this instance and therefore cannot support this Variance.
• Added that from the Cutler side the wall does not look bad but from the. Davies side,it looks like a
jail.
Chair Jackman said that she cannot make the necessary findings and expressed concern oq how it can
be reduced in height. Added that that there are no special circumstances and that approving a Variance
would represent a special privilege.
Director Tom Sullivan suggested thaTthe Commission take a vote on the first7equest.
Commissioner Roupe asked if there are Conditions attached to a denial of a Variance to allow the trees'
to be addressed.
Director Tom Sullivan said that the Arborist report addresses the issue of trees.
City Attorney Jonathan Wittwer advised that the Commission is not able to place Conditions on a
denial.
Chair Jackman asked what would occur if no Variance is issued.
City Attorney Jonathan Wittwer replied that the applicant will be required to reduce his wall to 6 feet
and as such it would no longer be considered to be a structure.
Chair Jackman asked how damage to trees would be handled.
Director Tom Sullivan said that the Arborist report advises how to deal with tree issues and that tree
bonds are in place.
Commissioher Roupe said that he thought the report was pertaining to trees along the previously
considered 300-foot section only.
Director Tom Sullivan advised that there is a separate report for other trees impacted.
Commissioner Hunter expressed doubt that the applicant will protect trees as required seeing as Mr.
Cutler has already poured cement next to numerous trees.
Commissioner Garakani pointed out that these types of concerns are part of the reason for the new Tree
Ordinance.
Commissioner Hunter asked for clarification that the current. wall would be considered simply a fence
once it is 6 feet high or less.
Mr. Jonathan Wittwer advised it would not be considered a structure or pavement when less than 6 feet
in height and with no wide footings.
Saratoga Planning Commission Minutes of February 12, 2003 Page 13
Commissioner Garakani asked if permits are required for a fence.
Director Tom Sullivan replied that no permits are required to install a fence 6 feet or less in height.
Chair Jackman asked about the inclusion of footings.
Director Tom Sullivan said that footings are considered pavement acid not a structure.
Commissioner Hunter said that she plans to attend the Council meeting when the Tree Ordinance is
discussed. Reiterated that she does not support a 7-foot high wall in nine people's yards.
Director Tom Sullivan recommended that the fourth item be continued. If the Variance were possibly
appealed, the issue of allowing a structure within 10 feet of a protected tree would have to be revisited.
Commissioner Hunter asked if the Council generally knows of the Planning Commission's discussion
and whether the Council gets the Planning minutes.
Director Tom Sullivan replied that the minutes are provided as an attachment to the Council staff
report.
Motion: Upon motion of Commissioner Roupe, seconded by Commissioner Hunter, the
Planning Commission denied a Variance (Application #02-269) fora 7.5 foot high,
190 foot long section of wall on property located at 14480 Oak Place as the
necessary findings cannot be made, by the following roll call vote:
AYES: Garakani, Hunter, Jackman, Roupe and Zutshi
NOES: None
ABSENT: Barry and Kurasch
ABSTAIN: None
Chair Jackman identified the second request to allow a 56-foot-long section of fencing, as yet unbuilt,
to be constructed at 6 feet in height whereas Code allows 3 feet in height.
Commissioner Garakani said that he does not understand the need for this fence and, recognizing that
the adjacent neighbor is objecting, stated that he is not able to make the findings necessary to support
this Variance.
Commissioner Zutshi. said that she is not able to justify the 56-foot long, 6-foot high fence and supports
denial
Chair Jackman said that she cannot support and added that the neighbor's garbage containers can be
hidden with landscaping.
Commissioner Hunter said she believes this fence should be limited to 3-feet in height and not 6-feet in
height.
Commissioner Roupe said that he cannot support any of the necessary findings as there is no
compelling reason to grand a Variance for this section of the property line.
Saratoga Planning Commission Minutes of February 12, 2003 Page 14
Motion: Upon motion of Commissioner Roupe, seconded by Commissioner Zutshi; the
Planning Commission denied a Variance (Application #02-269) fora 6-foot high,
56-foot long section of fence on property located at 14480 Oak Place as the
.necessary findings cannot be made, by the following roll call vote:
AYES: Garakani, Hunter, Jackman, Roupe and Zutshi
NOES: None
ABSENT: Barry and Kurasch
ABSTAIN: None
Chair Jackman reminded that the third request is fora 25-foot long section on the southeasterly side of
the property to be allowed at 6 feet in height. Stated her belief that there is no reason to support this
request.
Commissioner Garakani said that he does not have a problem supporting this section at 6 feet and asked
why it could not be 6-feet all along.
Chair Jackman reminded that 25 feet under consideration is considered within front property lines per
Ordinance.
Commissioner Roupe clarified that a 6-foot fence is allowed up to within 25 feet of the front property
line and then is limited to a 3-foot height. Said that one issue of special circumstance is that for one
property it is a front property line while for the other it is the rear property line. Said that there is
already an existing chain link fence and that this request would not be detrimental. Therefore he can
make all three necessary findings.
Chair Jackman agreed.
Commissioner Hunter disagreed.
Commissioner Zutshi agreed.
Commissioner Garakani agreed.
Motion: Upon motion of Commissioner Garakani, seconded by Commissioner Roupe, the
Planning Commission approved a Variance (Application #02-269) to allow a 6-foot
high, 25 foot long section of fencing on property located at 14480 Oak Place as the
necessary findings can be made, by the following roll call vote:
AYES: Garakani, Jackman, Roupe and Zutshi
NOES: Hunter
ABSENT: Barry and Kurasch
ABSTAIN: None
Motion: Upon motion of Commissioner Roupe, seconded by Commissioner Garakani, the
Planning Commission continued to a date uncertain consideration of a vote on
whether a wall greater than 6-feet in height is to be considered to be a structure, by
the following roll call vote:
Saratoga Planning Commission Minutes of February 12, 2003 Page 15
AYES: Garakani; Hunter; Jackman, Roupe and Zutshi
NOES: None
ABSENT: Barry and Kurasch ,
ABSTAIN: None '
Director Tom Sullivan advised that this continued item would be properly advertised in the future inthe
event that this item requires further consideration by the Commission. He added that he and the City
Attorney would prepaze the resolutions representing' tonight's actions for consideration by the
Commission at its next meeting.
Chair Jackman called for a break at 9:17 p.m.
Chair Jackman reconvened the meeting at 9:27 p.m.
*+*
PUBLIC HEARING -ITEM N0.2
APPLICATION #02-238 (389-15-0691 -VAN ATTA, 13235 McDOLE STREET: Request for
Design Review Approval to demolish a 2,120 square foot home and build a new two-story 2,694 squaze
foot home. The maximum building height of the residence will be 20 feet. The project also includes
demolishing 312 square feet of the existing 720 square foot detached garage. The lot size is 10,000
square feet and the site is zoned R-1-10,000. (VASUDEVAN)
Planner Lata Vasudevan presented the staff report as follows:
• Informed that the applicant seeks Design Review Approval for atwo-story single family residence
with a 20-foot maximum height. The existing 2;210 squaze foot residence would be demolished.
The new structure would consist of a 2,305 square foot first floor and a 389 squaze foot second
story. The lot is 10,000 squaze feet within an R-1-10,000 zoning district.
• Advised that 312 square feet of the existing 720 square foot detached gazage would also be
demolished.
• Said that staff finds this new home to be modest in scale and would not appeaz much larger than the
existing single-family home it will replace.
• Informed that the applicant has secured :the support of all adjacent neighbors with the exception of
one living around the corner.
• Said that the request complies with necessary findings.
• Made a few recommendations for modifications to the proposed design including the removal of the
proposed balcony on the second floor to be replaced with a four by four window opening.
• Advised that several letters have been received from neighbors seeking to prohibit any new two-
story homes in their neighborhood.
• Recommended a conditional approval and that the Commission weigh the concerns of the neighbors
when evaluating this proposal.
Commissioner Zutshi asked for the height of the new home located next door to this site.
Planner Lata Vasudevan replied 18 feet.
Commissioner Zutshi sought clarification that this proposed home would be 20 feet high.
Attachment 3
RESOLUTION No. 03-005
CONTAINING FINDINGS AND DECISIONS AND NOTICE OF APPEAL RIGHTS
REGARDING TWO DENIED VARIANCES SOUGHT$Y MITCHELL AA'D TRACY CUTLER
FOR FENCES AND/OR WALLS AT 14480 OAK PLACE
CITY OF SARATOGA PLANNING COMMISSION
STATE OF CALIFORNIA
WHEREAS, the City of Saratoga Planning Commission has received and reviewed a
Variance Application filed by Mitchell and Tracy Cutler (Application No. 02-269) regarding
the construction of walls at 14480 Oak Place, and
WHEREAS, the Application No. 02-269 requested approval of three sepazate
variances from height limits imposed by City of Saratoga fence and wall regulations.
This Resolution addresses the two variances, which were denied by the Planning
Commission, as follows:
1. That the height of the 190-foot section of the existing property line wall
along the north and northeasterly sides of the pazcel (adjacent to the
DAMES, SMITH AND HING properties as shown on the diagram •
attached hereto as Exhibit A) be allowed to remain as constructed. The ,
City Code allows a maximum height. of 6-feet; the request is to allow the
existing wall to remain. The existing wall reaches heights 7-feet 6-inches
in certain portions; and
2. That the height of a yet un-built fence along a 56-foot section of the
southwesterly side (adjacent to the BRECK property) of the parcel be
allowed to be 6-feet tall. As-this is the "Front-Yazd" side of the parcel,
the code restricts the height of fences in the front yard to 3-feet.
WHEREAS, on February 12, 2003, following a duly noticed and conducted Public
Hearing at which all interested parties were given a full opportunity to be heazd and to
present evidence, the Planning Commission .considered all testimony and evidence
presented including all materials prepared by City staff and the applicant and rendered its
decisions on the three variance requests contained in Application No. 02-269, subject to the
return of findings thereon for adoption at its February 26, 2003 meeting, and
WHEREAS, the Planning Commission hereby adopts the following findings and final
decision on the Application for the two denied Variances described above and contained in
Application No. 02-069.
CITY OF SARATOGA PLANNING COMMISSION RESOLUTION
CUTLER VARIANCE APPLICATION
Page 1 of 7
. Now, THEREFORE, the Planning Commission of the City of Saratoga does hereby
resolve, that after careful consideration of the Application No. 02-0269 for three sepazate
Variances, and additional presentations made to it by City Staff and other interested
persons; the following findings and decisions are hereby made with respect to those two
Variance requests that were denied.
VARIANCE REQUEST NO. 1 regarding the height of the 190-foot section of the
existing property line wall along the. north and northeasterly sides of the parcel {adjacent
to the DAMES, SMITH AND I{ING properties). The City Code allows a maximum
height of 6-feet; the request is to allow the existing wall to remain. The existing wall
reaches heights 7-feet 6-inches in certain portions.
FINDINGS
Required Finding Under Saratoga Citv Code section 15-70.060 (a). That
because of special circumstances applicable to the property, including size,
shape, topography, location or surroundings, strict enforcement of the
specified regulation would deprive the applicant of privileges enjoyed by the
owners of other properties in the vicinity and classified in the same zoning
district.
The Planning Cormission finds that there are no special circumstances applicable
to the property as to which the strict enforcement of the height limits for walls
would deprive the Applicant of privileges enjoyed by owners of other properties in
the vicinity and classified in the same zoning district in that none of the following
facts constitute special circumstances warranting the approval of a variance:
(1) the fact that the CUTLER parcel is a flag lot does not constitute a
special circumstance in that there aze numerous flag -.lots
throughout the City.
(2) 'the fact that the CUTLER pazcel is burdened with an
ingress/egress easement does not constitute a special circumstance
in that there are numerous parcels throughout the City burdened
with ingress/egress easements.
(3) the fact that the CUTLER parcel includes a 12-foot offset in the
property line does not deprive the Applicant of privileges enjoyed
by owners of other properties in the vicinity.
(4) the fact that the CUTLER parcel is surrounded by 10 other pazcels
constitutes a special circumstance, but does not necessarily deprive
the Applicant of privileges enjoyed by owners of other properties
in the vicinity.
Required Finding. Under Saratoga City Code section 15-70.060 (b). That the
granting of the variance will not constitute a grant of special privilege
• CITY OF SARATOGA PLANNING COMMISSION RESOLUTION
CUTLER VARIANCE APPLICATION
Page 2 of 7
inconsistent with the limitations on other properties in the vicinity and .
classified in the same zoning district.
The Planning Commission finds that the granting of-this Variance would constitute
a grant of a specialprivilege inconsistent with the limitations on other properties in
the vicinity and classified in the same zoning district. This finding isbased on the
lack of consistent evidence that the number of other fences on other properties in , '
' the vicinity that are greater than six feet in height is significant. Evidence in this
regard was submitted by the Applicant, the Staff Report and Lee Matas, which
evidence (considered in the aggregate) did not sufficiently establish a consistent
pattern of overheight fences in the vicinity.
Reouired Finding Under Saratoga City Code section IS-70.060 (c). That the
granting of the variance will not be detrimental to the publichealtb, safety or
welfare, or materially injurious to properties or improvements in the vicinity.
The Planning Commission finds that the granting of this Variance would not be
detrimental to the public health, safety and/or welfare, and will not be materially
injurious to properties or improvements in the vicinity in that the only two
property owners (DAMES and SMITH) adjoining the portion of the 190 foot wall
which exceeds 6 feet in height have indicated their approval of the walla
DECISION
Variance No. 1 is denied. This decision is appealable to the City Council in
compliance with City Code Article 15-90.
VARIANCE REQUEST N0.2 regarding the Applicant's request that the height of a yet
un-built fence along a 56-foot section of the southwesterly side (adjacent to the BRECK
property) of the parcel be allowed to be 6-feet tall. As this is the "Front-Yazd" side of
the parcel, the City Code restricts the height of fences in the front yard to 3-feet.
FINDINGS
Required Finding Under Saratoga Citv Code section 15-70.060 {a). That
because of special circumstances applicable to the property, including size,
shape,. topography, location or surroundings, strict enforcement of the
specified regulation would deprive the applicant of privileges enjoyed by the
owners of other properties in the vicinity and classified in the same zoning
district.
The Planning Commission finds that there are no special circumstances applicable
to the property as to which the strict enforcement of the height limits for walls
CITY OF SARATOGA PLANNING COMMISSION RESOLUTION •
CUTLER VARIANCE APPLICATION
Page 3 of 7
would deprive the Applicant of privileges enjoyed by owners of other properties in
the vicinity and classified in the same zoning district in that none of the following
facts constitute special circumstances warranting the approval of a variance: .
(1) thF; fact that the CUTLER parcel is a flag lot does not constitute a
special circumstance in that there are numerous flag lots
throughout the City; nor does the fact that the property along the
56-foot section of the proposed 6-foot fence is irregular in that it is
CUTLER'S front yard and BRECK'S rear yard warrant the
approval of a Variance, even though BRECK could construct a 6-
foot fence in this location without benefit of permit or variance.
(2) the fact that. the CUTLER parcel is burdened with an
ingress/egress easement does not constitute a special circumstance
in that there are numerous pazcels throughout the City burdened
with ingress/egress easements.
(3) the fact that the CUTLER parcel is surrounded by 10 other parcels
constitutes a special circumstance, but does not necessarily deprive
the Applicant of privileges enjoyed by owners of other properties
in the vicinity.
Required Finding Under Saratoga. City Code section 15-70.060 (bl. That the
granting of the. variance will not constitute a grant of special privilege
inconsistent with the limitations on other properties in the vicinity and
classified in the same zoning district.
The Planning Commission finds that the granting of this Variance would constitute
a grant of a special privilege inconsistent with the limitations on other properties in
the vicinity and classified in the same zoning district in that none of the following
facts warrant a finding of no special privilege:
(1) the fact that the CUTLER parcel is a flag lot does not authorize a
finding of no special privilege in that there are numerous flag lots
throughout the City.
(2) the fact that the CUTLER property is not similar to the typical R-
1-10,000 zoned parcels in the vicinity and that the CUTLER front
yard is BRECK'S rear yard does not warrant allowing a 6-foot tall
fence in this location under these conditions because there is no
guidance in the Saratoga City Code that would compel this
interpretation.
Required Finding Under Saratoga Citv Code section 15-70.060 (cl. That the
granting of the variance will not be detrimental to the public health, safety or
welfare, or materiallyinjurious to properties or improvements in the vicinity.
CITY OF SARATOGA PLANNING COMMISSION RESOLUTION
CUTLER VARIANCE APPLICATION
Page 4 of 7
..
i •
The Planning Commission finds that the granting of this Variance would-not be
detrimental to the public health, safety and/or welfare in that the area in which the
Variance is requested contains no "line-of-sight" vision issue nor are there any.
issues related to creating a "walled" look along a public or private roadway.' .
However, the granting of a Variance would be materially injurious to properties
or improvements in the vicinity in that the adjacent BRECK property will have
increased noise from Highway 9 reflected onto such property.
Variance No. 2 is denied. This decision is appealable to the City Council in
compliance with City Code Article 15-90.
PASSED A1~TD ADOPTED by the City of Saratoga Planning Commission, State of
Califonua, this 26th Day of February 2003 by the following roll call vote:
YES: ROUPE, GARAKANI, ZUTSHI, HUNTER
NOES:
ABSENT: BARRY
ABSTAIN: JACKMAN, KURASCH
IaM1I
Chair, Plannin Commission
ATTEST:
~~~
Secretary, Planning Commission
CITY OF SARATOGA PLANNING COMMISSION RESOLUTION
CUTLER VARIANCE APPLICATION
Page 5 of 7
NOTICE TO APPLICANTS TRACY AND. MITCELL CUTLER AND-
TO ~ INTERESTED SPEAKERS AT PLANNING COMMISSION
HEARING ON FEBRUARY 12, 2003: THE APPLICATION FOR.
THE TWO VARIANCE REQUESTS REGARDING FENCES OR
WALLS AT 1440 OAK.. PLACE, SARATOGA, CALIFORNIA
WHICH WERE DENIED BY THE PLANNING COMMISSION WAS
ACTED UPON IN THE MANNER .SET FORTH IN THE' ABOVE
RESOLUTION. IF YOU INTEND TO APPEAL ANY OF THE
DECISIONS MADE ON THE VARIANCES SOUGHT BY THE
VARIANCE APPLICATION, THE .DEADLINE TO DO SO IS
GOVERNED BY SARATOGA CITY CODE SECTION 15-90.050
WHICH PROVIDES THAT "THE NOTICE OF AN APPEAL TO
-THE- CITY. COUNCIL SHALL BE FILED, TOGETHER WITH
PAYMENT OF THE FILING FEE, WITHIN FIFTEEN DAYS AFTER
THE DATE ON .WHICH THE DECISION BY THE PLANNING
COMMISSION IS RENDERED:'
THE APPEALABILE DECISIONS OF THE PLANNING
COMMISSION SET FORTH IN THIS RESOLUTION SHALL BE
DEEMED RElVDF,RED ON FEBRUARY 26, 2003.
CITY OF SARATOGA PLANNING COMMISSION RESOLUTION
CUTLER VARIANCE APPLICATION
Page 6 of 7
,~ .
PROOF OF SERVICE
I certify and declare as follows:
n
I am over the age of 18, and not a party to this action. My business address is City of Saratoga, .
13777 Fmitvale Avenue, Saratoga, CA 95070, which is located in Santa Clara County where the service
described below took place.
I am familiar with the business practice at my place of business for the collection-and processing
of correspondence for mailing with the United States Postal Service. Correspondence so collected and
processed is deposited with the United States Postal Service that same day in the ordinary course of
business.
On Febmary 27, 2003, the following document(s):
1. RESOLUTION CONTAINING FINDINGS AA'D DECISIONS REGARDING
TWO DENIED VARIANCES SOUGHT BY MITCHELL AND TRACY CUTLER
was placed for deposit in the United States Postal Service in a sealed envelope, with postage fully paid to:
Mitchell and Tracy Cutler William F. Breck The Goldmans
14480 Oak Place 20375 Saratoga-Los Gatos Road 20360 Saratoga-Los Gatos Road
Saratoga, CA 95070 Saratoga, CA 95070 Saratoga, CA 95070
Holly Davies Frank, Letha & Pat Matas The Kings
14478 Oak Place 20385 Saratoga-Los Gatos Road 14472 Oak Place
Sarato a GA 95070 Sarato a, CA 95070 Sarato a; CA 95070
James J. and Schiller Abratns
14470 Oak Place
Sarato a, CA 95070
I certify and declare under penalty of perjury that the forgoing is true and correct.
Dated: February 27, 2003
Kristin Borel, City Community Development Department.
CITY OF SARATOGA PLANNING COMMISSION RESOLUTION
CUTLER VARIANCE APPLICATION
Page 7 of 7
Attachment 4
Nine Parceyls touchin
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Attachment 5
~J
Memo
To: Thomas Sullivan, Community Development Director
From: Steve Prosser, Public Safety Offic . Sp
CC: City Council !!
Date: 4/2/03
Re: Fence Complaints from Mitch Cutler (3/28102)
I visited the properties that were listed by Mitch Cutler (Received 12/11/02) as fence
complaints. Here is a list of the results of the investigation. Possible violations are numbered
(V)1-12
1) 14531 Westcott Court- fence measures 6' 9" allowed only a 6' fence. There .
is no variance or exception on file for the property. Fence .appears relatively
new.
2) 14561 Westcott Court- Found plans showing front gate and side chain link
fence as viewed. Possible height discrepancy- old microfiche, unable to
make out exact numbers.
3) 15586 Noha- Fence exceeds 3' maximum height in front yard setback.
Unable to find old plans- fence appears existing non-conforming based on
style and age.
4) (Possible location between 14494 and 14490 Oak Place- poor drawing)
Fence in violation- lattice causes fence to exceed height- appears fairly new.
5) Unable toview- previously noted as violation by CSO Edmonds
6) 14478 Oak Place -height violation- appears to have replaced more than
50% of existing nonconforming fence. Matches style of neighborhood.
7) Unable to measure- appears to be in violation
8) Between 14461 and 14458 Oak Place- Lattice on fence. exceeds 8'
maximum- appears fairly new.
9) 14473 Oak Place- found plans showing 5' fence around property back in
1987. Fence appears replaced with 6' fence unknown when occurred
10) Between 20315 and 20301 Orchard Place- fences in violation of 3' height -
appears existing nonconforming- no plans available to verify.
• 11) 14441 Orchard Place- fence exceeds maximum height- backyard fence
12) 14440 Oak Place- 4' wrought iron fence on top of 3' brick "retaining wall" -
unable to find plans to show existing or approved.
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A.
Mem®
To: Mayor and Councilmembers
From: Cathleen Boyer,. City Clerk
Date: April 11, 2003
Re: Agenda Item #4
Attached is a correspondence from Alan and Carolyn King
regarding Item 4 -14480 Oak Place.
.r„"`'
Date: April 10, 2003
To: Saratoga City Council
From: Alan and Carolyri King
14472 Oak Place
Subj: Application # 2-269 (397-22-051) -Cutler, 14480 Oak Place
~P~ ~ ~pp3
We will be unable to attend the April 16 Council meeting and ask that you consider our
statement in written form. Our primary concern is the health of our heritage oak trees.
The City Code prohibits fences over six feet high and prohibits concrete structures within
10 feet of a protected oak tree. This wall is an eight-foot reinforced concrete structure
built within inches of protected oak trees. It also serves as a retaining wall with
approximately two feet of fill dirt placed over the root structures of our trees.
The City staff says that the neighbor's trees were not shown on the original plan:
However the applicant used a local architect and local contractor who must be familiar
with our codes. Surely they knew the trees were there.
Over the past year we have had multiple discussions with the applicant, his contractor
and various members of the City staff. Meantime construction continued on the site
doing more damage to the unprotected root structures of the trees. The applicant has
repeatedly threatened his neighbors and frequently cut their trees as retaliation for their
complaints about his project. The applicant's Planning Commission package contained
our letter agreeing to withdraw our objection to the heighbof the wall in exchange for his
withdrawing his threat to cut our oak trees to the properly line. Copies of his threat and
our agreement are attached.
The City's arborist and our private arborist have both said this concrete structure will
cause the decline of these trees and recommended that specificsteps betaken to
mitigate the damage. For many months the applicant refused to perform any of these
.steps. After the Planning Commission's December 11 meeting some work was done, but
it certainly did not comply with the Commission's resolution.
The applicant's Planning Commission submissions also contain a drawing (page 4)
indicating that fehces on our property exceed six feet. This is not correct. .
The applivant submitted a landscaping plan proposing. a swimming pool; paved parking
area and putting green in or on the root structures of the oak trees. This plan also
proposed plantings that will interfere with the trees. Clearly the applicant and his
architect have no intention of protecting the trees.
We ask you to deny this appeal and require that this concrete structure be removed.
We ask that you support City Staffs efforts to control this project:
~-~
KGs v ~`^~
t
i._..~
~ May-08-02 02:39P
Alan and Carolyn King
14472 Oak Piave
Saratoga, CA 95070-5929
May 8, 2002
Mr, and Mrs. Mitchell Cutler
14480 Oak Pace
Saratoga, CA 95070
Dear Mr. and lairs. Cutter,
This letter of intent aitlines our agreement regarding the height of the concrete wall nn
the perimeter of your property and related matters:
The Kings wiA withdraw their objection to the height of all wells as currently poured on
the periphery of the {sutlers property. The Cutlers agree to continue the height of the
wall on the proporty One between the Huston's (14486 Oak Place} and the Cutler's
property in the SE dirECtion at or below the existing height. (For reference purposes this
portion of the wait as poured is 89° above It's footing measures directly west of the oak
tree in the comer of the King's bt J The portion of ttw vviill poured between the Cutlers
and the IGngs will remain at its present height (68" above the same reference point)
unless the parties later agree to a modification.
• The Cutters agree to plant vegetation. on or adjacent to Cutler/Huston portion of the wall
that wiN cover at least the top 24° of the NE aide of this wall to screen it from view from
the King's and other neighbor's properties. They will conauk with the Hustons on the
nature of this plant malarial. They wAl have this planting in place during 2002.
The Gutters will agree not to prune or trim the protected oak trees on the tGng's
property that have canopies extending over their property. The Cutler's agree that the
Kings shall have sok: control over any pruning of these Vees in the future,
We intend that this be an agreement betw~aen the Cutlers and the Kings. Both parties
agree not to roopen these issues as part of any. other dispute between themselves and
third parties, rtow or in the future. We do not intend this agreement to cover any other
issues that may surface due to earlier actions by either party.
Agreed:
/_~
i chell Cutler
' r -~;-
T~r jc~+ cutler]
V
v
A King
~~-
Carolyn King
P.O1
4 :~
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SARATOGA CITY COUNCIL
£:„~,"°
MEETING DATE: Apri116, 2003 AGENDA ITEM: '
ORIGINATING DEPT: City Manager's Office CITY MANAGER:
PREPARED BY: Lorie Tinfow DEPT HE ~' L
SUBJECT: Redwood School Traffic Improvement Plan
RECOMMENDED ACTION(S):
AccepYthe Redwood School Traffic Improvement Plan and authorize Public Works to issue a
change order for $7500 to George Bianchi Construction Inc. to install the plan elements for
which the City is responsible.
DISCUSSION:
Many drivers use City Hall parking lots to both drop-off and pick-up Redwood School students.
The interaction of vehicles, pedestrians and bike riders creates unsafe conditions for walking and
biking students as well as interferes with arriving or departing City Hall visitors and employees.
Last Spring, City staff and Public Safety Commissioners approached Redwood School officials
about traffic concerns in and around Redwood School during drop-off and pick-up times. Over
the course of several meetings, school officials agreed to create anew drop-off and pick-up azea
site at the end of Allendale within the School's corporation yard. In addition, staff learned of
Redwood School's expansion plans scheduled to occur during School Year 2003-04. The
attached plan was developed andthe school district voted to fund the costs of changes made to
school property.
The Public Safety Commission reviewed the plan and is now recommending that the City
Council approve funds to implement the following changes shown on the attached map:
^ Paint new crosswalk across Allendale
^ Install new "no u-turn" sign on Allendale
• Reset signal timing at Allendale and Fruitvale.
^ Lengthen left turn pocket on northbound Fnritvale.
^ Install a "porkchop" median on northbound Fruitvale that would prohibit left turns from
the street into the school pazking lot.
^ Modify parking restriction signs on Montauk to say "No stopping 9 am to 4 pm" (existing
signs prohibit stopping between 9 am and 3 pm)
i The plan includes limiting use of City Hall pazking lots to City Hall visitors and employees, and
installing new signs to announce the change.: A driver re-education campaign will be launched
with the participation of'the Sheriffls Office when school starts in Fa112003.
FISCAL IMPACTS:
School traffic improvement funds are budgeted in the five-yeaz CIP budgetunder Public Safety
Safe Routes to School. Starting in 2001-02, $50,000 for five years was allocated. A total of .
$25,000 was approved in December for construction and irrigation of the Blue Hills bike path
and therefore $25,000 remains available. Public Works estimated the total cost for the elements
listed above at $7500.
The Blue Hills School Traffic Plan will be coming to City Council in May and infrastructure
costs associated with its implementation are estimated at $3000.
FOLLOW UP ACTION(S):
Staff will implement the infrastructure changes noted above. In addition, staff will work with
school officials, Sheriff's Deputies and Public Safety Commissioners to re-educate drivers about
proper drop-off and pick-up locations, and to discourage those activities in City Hall pazking
lots.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Staff alerted Redwood School officials of this action.
ATTACHMENTS:.
• Attachment A: Map of Redwood School traffic plan
SARATOGA CITY COUNCIL
-~=._
MEETING DATE: Apri116, 2003 AGENDA ITEM:
ORIGINATING DEPT: Recreation CITY MANAGER: Dave Anderson~~
PREPARED B7J: Kim,~axtnn-Heinriclts DEPT HEAD: Joan Pisani ~//1/'V/.~-~
SUBJECT: Public Art Policy
RECOMMENDED ACTION(S):
That the City Council approve the attached resolution adopting a Public Art Policy.
REPORT SUMMARY:
The purpose of this policy is to provide a process through which the City of Saratoga can acquire and
accept artwork on loan or as a gift.. It will provide guidance for purchasing or commissioning new
artwork, for sponsoring temporary art exhibitions on City property, and' guidance regarding
deaccessioning City-owned artwork. Art in public and municipal places can be defined as any visual
work of art displayed in a City-owned park, the exterior of any City-owned facility, and within any
City-owned facility in areas designated by the. Council. Philosophies and guidelines that have been
expressed by the Arts Commission as to the importance of public art include:-
• Public art generates the enhancement of community identity and civic pride;
• Art enhances the quality of life :and creates a healthy society;
• The City celebrates diversity by presenting art as a common language;
• There are social and economic benefits of art; and
• The City intends to nurture, enhance, and encourage our artistic community.
Art is appreciated subjectively. Art in public places throughout the country has sometimes been
controversial. Without a formal policy there are no guidelines for staff, the Arts Commission, Planning
Commission, or City Council to follow in regards to pursuing the purchase of public art, and/or gifts of
public art to the City, exhibiting art in public places, or deaccessioning City-owned art.
BACKGROUND:
The City Council asked the Arts Commission to create a Public Art Policy in February of 2002. Over
the past nine months, Arts Commissioner Tracy Halgren reviewed over 22 different cities' policies and
with input every month from all Arts Commissioners and the City Attorney, created a policy that fits
the needs of the City of Saratoga.. The cities surveyed were either local communities or cities with
demographics similar to those of Saratoga.
In addition to its general statement of purpose, the Public Art Policy has three major components: (1) '
establishing the public art program, and specifying its goals and, objectives, methods of funding
available, sand providing guidelines for program administration and' maintaining and displaying artwork
in the City; ,(2) policies regarding the selection, acquisition, and display of City-owned works of art;
and (3J policies for City-sponsored art exhibits:.These are presented in sections II, III, and IV of the
attached Policy. The Policy sets forth detailed procedures for evaluating. proposed acquisitions ,and
provides that the final decision on all acquisitions will be made bythe City Council
The City Attorney has advised that the City will have obligations under the First Amendment
depending on the extent to which it opens various portions of City property to public art. In doing so,
the City may create what the courts view as a forum for public discourse. In a public forum, the rights
of the government to limit expressive activity are constitutionally.circumsoibed. (Hopper v. City of
Pasco, 241 F.3d 1067, 1081 (9th CiY. 2001).) Once a public forum has been created, the City may-not
open it to some and close it to others without a compelling government interest. The courts have
recognized that community standards have a place in regulating a public forum, but they have also
noted that "such standards must be reduced to objective criteria set out in advance." I(_d: at 1080.)
Because opening portions of City property to the display of public art could be viewed as creating a
designated public forum, the Public Art Policy sets forth. the objective criteria that the courts have
required.
The Constitutional considerations vary depending on the scope of the forum created by the City.
Different standards apply depending on whether the City is acquiring art as a patron or simply
sponsoring.: an exhibit. The First Amendment is most strict with. respect to exhibits. (Id.) For this
reason, the Policy guidelines avoid content-based selection criteria for exhibits. The City has greater
discretion in acquiring art as a patron, and this is reflected in the more detailed selection criteria in this
part of the Public Art Policy. (See National Endowment for the Arts v. Finlev, 524 U.S. 569 (1998).)
The City has broadest discretion to remove individual works of publicly-displayed art that it already
owns, because City-owned art is no longer protected private expression. (Serra v. General Services
Administration, 847 F.2d 1045 (2d Cir. 1988).)
FISCAL IMPACTS:
.None.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S):
The Public Art Policy will not be adopted.
ALTERNATIVE ACTION(S):
None in addition to the above.
FOLLOW UP ACTION(S):
None.
2 of 2
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Nothing additional.
ATTACHMENTS:
Resolution and Proposed Public Art Policy.
~J
3 of 3
RESOLUTION N.O. '
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF •
SARATOGA ADOPTING THE PUBLIC ART POLICY
WHEREAS,. Saratoga City Council adopted Resolution 01-058 establishing the Saratoga Arts
Commission in order to insure that the arts continue to be of value as an integral part of Saratoga; and
WHEREAS, one of the duties of the Saratoga Arts Commission is to assist the Saratoga City Council
and Planning Commission in using public art to enhance development, including public structures; and
WHEREAS, one of the duties of the Arts Commission is to advise the Saratoga City Council in the
creation of policies,regazding public art; and
WHEREAS, in order to further its duty in assisting the City Council regarding public art, The Saratoga
Arts Commission has developed certain policies and guidelines, known as the Saratoga Public Art
Policy;
NOW, THEREFORE, the City Council of the City of Saratoga hereby resolves as follows:
The quality of life, public welfaze, as well as the popularity and prosperity of the community aze
greatly enhanced by visually stimulating and high quality public art. Therefore, it is the intent and
purpose of the Saratoga City Council to set forth policy regazding public art.
AND BE IT FURTHER RESOLVED,
The Saratoga City Council finds that the Saratoga'Arts Commission Public Art Policy, attached
hereto as exhibit 1, is necessary and appropriate to guide the City's exhibition, acquisition and
retention. of public artwork and hereby adopts it as City policy.
The above and foregoing resolution was passed and ,adopted at an adjourned meeting of the Saratoga
City Council held on the _ day of , 2003 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Nick Streit, Mayor
ATTEST:
Cathleen Boyer, City Clerk .
4of4
City of Saratoga
Public Art Policy
I. PURPOSE
The purpose of this policy is to establish a Public Art Program through which the City of
Saratoga can acquire and accept artwork on loan or as a gi#t. The policy establishes the
goals and objectives of the City's Public Art Program and provides guidelines for
acquiring existing artwork, commissioning artists to create new art work for the City, and
for sponsoring temporary art exhibitions on City property. The policy applies to the
acquisition and exhibition of all artwork loaned to, donated to, purchased by, or
commissioned by the City of Saratoga for the Public Art Program.
The policies outlined below will be subject to periodic review. From time to time, the
City may adopt and incorporate into this policy such additional guidelines as it deems
necessary.
II. THE SARATOGA PUBLIC ART PROGRAM
A. Goals & Objectives
The goal of the Public Art Program is to promote public art to enhance, enliven and
enrich the City while reflecting the values of the community. The program objectives are
to:
1. Enhance community identity and pride;
2. Provide the highest quality artwork available, promoting excellence and
demonstrating diversity and variety of media;
3. Increase public exhibition opportunities for artists who live or work in Saratoga;
4. Encourage public participation and interaction with public spaces identified by the
City Council, kindling awareness of how surroundings impact experience;
5. Enrich the public environment for both residents and visitors through
incorporation of the arts; and
6. Strive. for diversity, reflecting the social, ethnic and cultural fabrio of the city.
B. Funding
Public art projects maybe funded through a variety of sources approved by the City
Council; including:.
1. Public funds,
2. Private contributions,
3. Grants,
4. Corporate sponsorship,
5. Matching gifts,
6. Development fees,
7. Gifts of art, and
8. Fundraising.
Public Art Policy Page 1 of 1 4/9/03
Saratoga Arts Commission
' ~C. Administration
' The Saratoga Arts Commission shall administer the Public Art Program, coordinating
with other City commissions as necessary. The Commission will:
a. Participate in identifying and developing possible Public Art sites for City
Council approval;
b. Draft and distribute Calls for Artists, stating project goals and site plan;
c. Convene Art Selection Panels as needed;
d. Participate in all City Council meetings where public art is discussed;
e. Prepare and monitor all tracking documents, including artist records, art
inventories, and contracts;
f. Coordinate all physical and logistical components of art installation;
g. Coordinate preparation of all necessary signage, including identification labels
and/or plaques;
h. Coordinate publicity and media attention for displays;
i. Serve as conduit between artist, project and building managers, City staff, and
others as necessary to ensure atrouble-free project flow;
j. Serve as resource, guide, and counsel to the City Council and City staff
' 'regarding all issues related to the Public Art Program;
k. Present an annual report to the City Council on the Public Art Program
accomplishments ofthe prior year and plans for the coming year; and
I. Conduct an annual review of all holdings in the art collection. During this
review the Arts Commissions will:
i. Inventory the collection;
ii. Examine the condition of each piece to determine any restoration or
preservation needs; and
iii. Examine the display or storage conditions of each piece.
D. Maintenance, Protection, and Display of Artwork
The City will be responsible for the proper maintenance, protection, and display of all
artwork accepted by the City as part of the Public Art Program. These activities will
be conducted in accordance with any written instructions provided by the artist/donor
at the time of delivery of the work to the extent feasible. In fulfilling these duties, the
City will:
1. Exert reasonable efforts to protect the artwork from theft, vandalism and other
damages;
2. Maintain insurance policies providing coverage for theft, vandalism or other
damages to the artwork;
3. Exert reasonable efforts to ensure that acquired artwork is available for public
viewing and, when available for public viewing, displayed in an appropriate and
respectful manner; and
4. Provide official acknowledgement of receipt of artwork to artist/donor.
The City will not intentionally destroy, damage, alter, modify or otherwise change a
piece of artwork accepted by the City as part of the Public Art Program. If any
Public Art Policy Page 2 of 2 4/9/03
Saratoga Arts Commission
alteration occurs after the receipt of the work by the City, the artist has the right to
request that the work no longer be represented to be the work of the artist.
III. ACQUISITIONS
The following policies apply to the acquisition of art by the City for the City's permanent
art collection.
A. Artwork Selection Criteria-
Artistic integrity and highest quality of aesthetic experience will be the primary
considerations in the selection of public art. in Sazatoga. The following criteria shall
apply:
1. Media: All visual art forms and materials will be considered consistent with the
purpose of the acquisition.
2. Quality: Artwork shall be of lasting value and artistic merit that will enhance the
City's collection.
3. Audience: The artwork will be suitable for display to a diverse audience
including children and employees. It should enhance its setting and help create a
sense of place. The City may not acquire public art that would, when displayed,
create a hostile work environment for public employees.
4. Style: The artwork should be suitable in scale, materials, and form for its
surroundings, or capable of being sited in a variety of public azeas. Artwork
selected for the City's collection should advance the purpose specified by the Arts
Commission at the time an acquisition project is undertaken.
5. Range: Artwork maybe functional or non-functional; conceptual or tangible;
portable or site-specific;. folk art, craft or fine arts; temporarily or permanently
installed.
6. Condition & Permanence: The artwork will be of materials and method of
construction suitable to the setting. Artwork for outdoor exhibition will be
resistant to theft, vandalism, weathering and constructed to avoid extensive
maintenance and repair. At the time of acquisition, the artwork will be in good
condition or worthy of restoration.
7. Technical Feasibility: The City will consider for commissions only those
artwork proposals it finds likely to be completed according to design. The City
will only select. artworks for which it has an immediate location or storage
capacity.
8. Fiscal Feasibility: The City will consider only such aztworks for which it
possesses adequate funding for appropriate display, maintenance, insurance, and
safeguarding. An estimate of maintenance expenses associated with a proposed
artwork shall be presented to the City Council prior to acceptance of the work.
9. Public Safety: The City will not consider works that the City determines may
pose a threat to public safety.
B. Artwork Selection Process.
The City may acquire artwork for a specific purpose (e.g., for a particular location or
to commemorate an event) or in response to an offer of donation separate from a
specific acquisition process. All acquisitions shall be approved by the City Council.
Public Art Policy Page 3 of 3 4/9/03
Saratoga Arts Commission
1. Specific Purpose Acquisitions. When artwork is to be acquired for a specific
purpose, the Arts Commission shall adopt a resolution stating the purpose of
the acquisition and the process to be used for selecting, artwork to be
recommended to the City Council for acquisition. The Commission is
encouraged to form and seek the recommendation of an Art Selection Panel
for any major acquisition. The'Commission shall provide for review of
proposed acquisitions by any affected Commission in the selection process.
The Commission may form subcommittees to assist in the selection process.
All recommendations to the City Council shall be adopted by the Commission
at regular or special meeting of the Commission.
2. Proposed Donations. When artwork is proposed to be donated to the City, the
proposed donation shall be reviewed by the Arts Commission. The
Commission may recommend immediate acceptance or rejection of the offer
or may adopt a resolution establishing a process for fiuther review of the
offer. The Commission may convene an Art Selection Panel to assist in the
selection process. The Commission shall consult with any Commissions
affected by the proposed donation. The Commission may form a
subcommittee to assist in the selection process. All recommendations to the
City Council shall be adopted by the Commission at regular or special
meeting of the Commission.
C. Art Selection Panel
The Arts Commission is encouraged to appoint Art Selection Panels on an as-needed
basis to coordinate the acquisition of artwork for the Public Art Program. The
Commission shall consider the Panel's determinations before making its final
recommendations to the City Council. Separate panels maybe convened for separate
acquisitions or a single panel may be used for multiple acquisitions.
1. Structure: Panels will be chaired by a member of the Art Commission; who will
vote only to break a tie. Each Panel will consist of four voting. members and such
non-voting members as the Commission sees fit to include based on the purpose
of the acquisition under consideration and the interests of other City Commissions
and departments. Voting members shall be selected on the basis of aesthetic
expertise and may include artists, architects, curators, and other arts professionals
(excluding dealers, agents, or representatives ofartists applying to the panel).
Voting members shall serve for a term defined in the resolution establishing the
panel not to exceed four years. No individual may serve for more than eight
consecutive years as a voting member on any Art Selection Panel or succession of
such panels. No individual may serve as a voting member on more than two Art
Selection Panels at any time.
2. Duties: Each Panel shall:
a. Review, evaluate, and discuss the credentials, proposals, and/or materials
submitted by artists and donors;
Pubhe Art Policy Page 4 of 4 4/9/03
Saratoga Arts Commission
b. If it finds that further information or materials are required before a
recommendation is possible; procure the needed materials and convene for
fiirther discussion;
c. Via majority vote, reach a recommendation regazding the selection at issue;
d. Inform the Arts Commission of the Panel's recommendation in writing,
explaining its reasoning;
e. Consult with the Commission at an eazly stage regarding larger, more
expensive proposals or selections;
£ If it finds there is insufficient merit among the submissions, make no
selection. If this occurs, or if the Panel cannot reach agreement, the matter will
be returned for disposition by the Arts Commission;
g. The Panel may not consider art owned or created by any member of the Panel
or any person with whom a panel member maintains a close personal of
professional relationship; and
h. All meetings of the Panel shall be conducted in accordance with the Brown
Act.
D. Acquisition Methods
Artwork maybe acquired by purchase, commission, donation, or long-term loan as
follows:
1. Purchase: When an existing artwork satisfies the selection criteria of both the
Public Art Program and a specific public art project, the Arts Commission may
. recommend that the City Council authorize direct purchase of the artwork.
2. Commission: Based on a recommendation from the Arts Commission the City
Council may award commissions by competition or invitation. The selected artist
would be commissioned to create original work consistent with the artist's
proposal. Commissions maybe awarded as follows:
a. Closed Competition -Artists maybe chosen through a limited competition,
for which selected artists aze invited to submit proposals according to criteria
established by the Arts Commission or a duly authorized Art Selection Panel.
Such criteria will reasonably expedite the goals of the competition without
unduly excluding qualified participation;
b. Open Competition -Artists maybe chosen through a competition whereby all
artists are welcome to propose works that meet the requirements established
bythe Arts Commission or a duly authorized Art Selection Panel; or
c. Invitation -Artists chosen by the Arts Commission or a duly authorized Art
Selection Panel on the basis of their qualifications (as demonstrated by past
work, past experience with public art, and successful completion of previous
projects similaz in scope and demand) will be asked or paid to develop a
proposal.
3. Donation: The Arts Commission may recommend that the City Council accept
artwork offered as a contribution to the City by a citizen if the work satisfies
Public Art Program selection criteria and an appropriate site exists to exhibit the
work.
. 4. Loan: When an existing artwork satisfies Public Art Program selection criteria
and is suited to a particular purpose or is well-suited to a particular site, the Arts
Public Art Policy Page 5 of 5 4/9/03
Saratoga Arts Commission
Commission may recommend that the City Council authorize the City to borrow
the work from the artist or owner. The terms of the loan, including the period for
which the work is loaned, any instructions for proper care and maintenance of the
`work, and all relevant insurance arrangements, shall be specified in a Loan
Agreement: ~ ,
E. Ownership of Purchased, Commissioned, or Donated Artwork
1. Artwork purchased, commissioned, or accepted as a donation will be the property ,
of the City of Sazatoga. Title for each work will be transferred to the City as
necessary.
2. Upon acquisition of an artwork, the relationship between the City and the artist
will be defined by a standard contract addressing the terms of the acquisition, any
instructions for proper care and maintenance of the work, and any special
agreements regarding the manner in which the work maybe deaccessioned,
copyright,. reproduction and resale issues.
F. Responsibilities of Artists/Donors
1. When an artwork has been selected for inclusion in the Public Art Program, the
artist/donor must agree to:
a. Sign and abide by the terms stated within the acquisition agreement;
b. Execute, complete and deliver the work at an agreed upon date and time;
c. Maintain an effective working relationship with the project team and staff;
d. Advise the Arts Commission immediately of any significant changes to the •
scope, materials or design of the work after contract is signed (all changes
must be reviewed and approved prior to completion);
e. Personally design and execute the work, working with City staff in connection
with site preparation and installation, unless otherwise stipulated in the
contract; and
f. Warrant that the work is the original product of the designated artist's creative
efforts and does not infringe on any third party's copyrights or other
intellectual property rights.
G. Criteria for Artwork Placement
When identifying the proposed location of artwork, the Arts Commission shall
consider the following:
1. Public safety;
2. .Visibility;
3. Lighting;
4. Traffic patterns: interior, exterior, foot, and auto;
5. Function of the existing facility or site;
6. Relationship of the proposed artwork to pre-existing works of art on the site;
7. Future development plans for the area;
8. Landscape design;
9. Environmental assessment; .
10. Public accessibility;
Public Art Policy Page 6 of 6 4/9/03
Saratoga Arts Commission
11. Appropriateness of the physical characteristics of the site; and
12. Relationship to the social and cultural identity of immediate local community.
H. Public Safety
No work will be displayed before the City has inspected it and ascertained that it
poses no threat to public safety. Through evaluation by qualified staff, the City will
ascertain that no aspect of the installation creates a substantial risk of injury when the
work and any adjacent property are used with due care in a reasonably foreseeable
manner. The City will further ascertain that installation of the work will not pose a
substantial or unreasonable risk of serious bodily harm to persons using the work or
adjacent property with due care appropriate to-their age in a reasonably foreseeable
manner. After a display has been installed, the City will monitor the installation as
needed to ensure that no such risks are created due to changed circumstances.
I. Relocation or Removal of Purchased or Commissioned Artwork
The City may, as necessary or appropriate, transfer City-owned artwork from one
public site to another, remove artwork to storage, or make a temporary loan of
artwork to another agency or organization.
1. The Arts Commission will review proposals to relocate or remove acity-owned
artwork and make a recommendation to the City Council. The Commission may
appoint an Art Selection Panel for assistance. Considerations include, but are not
. limited to:
a. Security, of the artwork can no longer be reasonably guaranteed;
b. Maintenance costs are higher than anticipated;
c. Faults of design or workmanship make repair unfeasible;
d. The artwork has been damaged and repair is unfeasible;
e. As erected, the artwork poses risks to public safety not identified during the
selection process;
f. Once installed, the artwork does not conform to the expectations according to
which it was selected;
g. Significant changes in the use, character, or design of the site have occurred,
affecting the integrity or appeal of the artwork;
h. The authenticity of the artwork is called in to question;
i. The aesthetic quality of the artwork is called in to question;
j. The .Sits Commission wishes to replace the artwork with a more appropriate
work by the same artist;
k. Receipt of written request from the donor to deaccession the artwork.
2. In reviewing proposals for relocation or removal, the Arts Commission will:
a. Consult the Acquisition Agreement and other pertinent agreements;
b. Discuss with the artist the circumstances prompting the review;
c. Seek opinions of more than one independent professional qualified to
recommend on the concernprompting the review (conservators, engineers,
architects, landscape architects, critics, art historians, safety experts, etc.);
d. Review written correspondence, press, and other public suggestions;
Public Art Policy Page 7 of 7 4/9/03
Saratoga Arts Commission
e. ~ Explore means of resolving the concerns prompting review short of relocation
or removal;
f. If no such means are satisfactory, seek a suitable relocation of the artwork. If
the artwork was designed for a specific site, the Commission will endeavor to
relocate it to a site consistent with the artist's intention. If possible, the
Commission will obtain the artist's assistance,in making this determination;
and
g. If no relocation is suitable, the Commission will store the work or seek ,
deaccession consistent with the deaccession policy below.
Nothing in this policy shall limit the City's ability to take whatever action is deemed
appropriate to protect artwork and human health and safety in the event of an
emergency.
J. Deaccession of City-owned Artwork
The City of Saratoga recognizes that the deaccession of artwork must be handled with
great care, as apprehension that public art might be disposed of to pay operating
expenses or satisfy the trading desires of the City could discourage potential donors
or artists. Moreover, haphazard deaccessioning could cause irreparable harm to the
City's collection. The City of Saratoga has a fiduciary obligation to maintain the
collection for the benefit of its citizens. The Arts Commission may recommend that
an artwork should be permanently removed from the City's collection according. to
the procedures that follow. •
1. Criteria for Selecting Works for Deaccessioning
A work may be deaccessioned if at least one of the following applies:
a, The City cannot properly care for or store the work;
b. Security of the artwork can no longer be reasonably guaranteed;
c. There is no suitable site for relocation of a work that must be moved;
d. .Maintenance costs are higher than anticipated;
e. The artwork requires repairs that are unfeasible;
f. The work's condition requires restoration in excess of its aesthetic value;
g. The work is so deteriorated that restoration would prove unfeasible or
misleading;
h. If, as erected, the artwork poses risks to public safety not identified during the
selection process;
i. It is determined that the work lacks significant aesthetic, historical and/or
cultural value;
j. The City's collection contains a large quantity of work by a single artist of
minor stature (in such a case, the Commission may find it sufficient to retain
only a representative collection);
k. The work is determined to be a duplicate (e.g., prints or multiples) of lesser
quality than other works in the collection;
1. The work is determined to be a copy or pastiche without significant historical,
documentary, or aesthetic value; or
Public Art Policy Page 8 of 8 4/9/03
Saratoga Arts Commission
m.. The work is determined to be a forgery or fake. The Commission is
responsible for ensuring that any such forgery or fake is identified as such
when it leaves the City's collection.
2: Deaccessioning Review
Every five years, or as needed, the Arts Commission will review the City's
collection and compile a list of those artworks it recommends be deaccessioned.
The Commission may also review and recommend that individual works be
deaccessioned as necessary. The following procedures will apply:
a. The Arts Commission will prepare a written report for each artwork it
recommends for deaccessioning, to be circulated to each member of the
Committee one month prior to the meeting at which deaccession will be
formally considered. The report will include:
i. Title, artist, medium, dimensions, and present location of the work;
ii. Provenance;
iii. Slide(s) and/or photograph(s) of the work;
iv. Report on the condition of the work by an expert in the field;
v. Estimated fair market value (if the work is of high monetary value, the
Commission may solicit opinions by independent consultants);
vi. Copy of the City's title to the work;
vii. Reason for proposed deaccession; and
. viii. R.ecommendationsfior method of disposal.
b. Each member of the Commission will physically inspect the work before
voting to recommend deaccession;
c. After appropriate deliberation, the Commission will approve or reject the
recommendation by a majority vote;
d. The City Attorney will review the Commission's recommendation to verify
that no legal restrictions prevent deaccession. The City Attorney's written
approval must be obtained before a work is deaccessioned;
e. For artwork with a value of $500 or more, the Commission will forward its
report and the City Attorney's approval to the City Council for action by the
City Council. Artwork with a value of less than $500 maybe deaccessioned
without Council approval; and
f. When the formal decision to deaccession has been reached, the work will be
removed from the City's insurance log and its acquisition file will be
retrieved, annotated in red as "Deaccessioned," and transferred to a
deaccession file located at the Department of Recreation. All documentation
regarding the deaccession of the work, including the report of the
Commission, the approval of the City Attorney, and correspondence with
donors/heirs will be filed herein.
Public Art Policy Page 9 of 9 4/9/03
Saratoga Arts Commission
3. Notifying DonorsBeirs
Once it is determined that a work is to be deaccessioned, the City will make all
reasonable efforts to locate the donor or his/her heirs. The City will explain in writing
its decision to deaccession the work and offer appropriate assurances that:
a. If the work is sold, the City will attempt to use any monies realized to
purchase other works for the collection; and
b. Every effort will be made to honor the wishes of the donors/heirs concerning
the sale.
Written concurrence of donors/heirs will be solicited, but is not required.
4. Disposal Procedures
If an artwork's Acquisition Agreement specifies terms of deaccession, the City. shall
dispose of the work accordingly. Otherwise, the City may dispose of deaccessioned
work's by any of the following means, or others not listed, as warranted by each
circumstance.
a. Sale.
i. The artist/donor will be given the right of first refusal to reacquire the
work at fair market value, original price, or gratis, depending on the
recommendation of the Arts Commission. The cost of removal of the
work will be borne by the buyer;
ii. The City may sell the work through a dealer;
iii. The City may sell the work through competitive bidding; and
iv. The City may sell the work at a Public Sale.
b. Trade. Trades or exchanges may be negotiated under special
circumstances with a dealer or artist. The City may also trade a work to be
deaccessioned for another by the same artist.
o, .Destruction. If a marginally significant work has deteriorated to such an
extent that it is irreparable and unsuitable for exhibition, the Arts
Commission may, with the approval of the City Council, elect to destroy it
upon deaccession.
d. Negotiation. The City Council may authorize the Arts Commission to
determine the best manner to negotiate the sale or trade of a deaccessioned
work. After soliciting estimates from at least three dealers, the
Commission shall choose the offer most favorable to the City and
negotiate terms with the agent on behalf of the City. Copies of all such
agreements will be filed in the deaccession folder of the relevant work.
No works maybe sold, traded, or transferred to a member of the Saratoga Arts
Commission, its supporting staff, or its agents. Once deaccessioned from the
City's collection, a work may not be installed on City property and the Arts
Commission will remove all acquisition numbers and labels from the work
and coordinate its physical departure from the City's collection. The
Commission will transmit a final report informing City Council of the
removal of the object from the City's collection.
Public Art Policy Page 10 of 10 4/9/03
Saratoga Arts Commission
5. Monies Raised from Deaccession
All monies raised from deaccession will be deposited into the City's General
Fund. The City will endeavor to use such funds for fixture acquisitions. In
keeping with the California Resale Royalties Act, if a deaccessioned artwork is
sold at a price greater than its purchase price, five percent (5%) of the sale price
of any work valued over $1,000 will be paid to the artist who created the work,
provided that the artist can be.located by reasonable means. If the artist cannot
be found, the royalty will revert to the City's General Fund.
6. Acknowledgements
In acquiring an obj ect through trade or through monies raised from the sale of
deaccessioned objects, the City will acknowledge, in the credit of the newly
acquired object, the donor(s) of the original object or objects:
IV. EXHIBITION POLICY
For the purposes of the Public Art Program, an "exhibition" is a temporary display of art at a
specific location sponsored by the City. The City of Saratoga encourages exhibits of interest,
information, and enlightenment for all the people of the community. The City Council shall
approve the location of all exhibitions in the City. The Arts Commission shall define the
theme of each exhibition. When coordinating exhibits of multiple artworks about
controversial issues, the City will endeavor to ensure that the exhibit represents a wide array
of viewpoints: This Exhibition Policy does not apply to art festivals and other arts promotion
events sponsored by the City.
A. Scheduling of Exhibits
Exhibits will normally be scheduled for athree-month period of time but maybe
extended. The Arts Commission reserves the right to reschedule exhibits. If there are
numerous requests for exhibit space, new exhibitors will take precedence.
B. Exhibit Selection Criteria
Artistic integrity and highest quality of aesthetic experience will be the primary
considerations in the selection of public art for exhibition in Saratoga. In addition to any
exhibit-specific criteria established by the Arts Commission, the following criteria shall
apply:
1. Audience: The artwork will be suitable for display to a diverse audience
including children and employees. It should enhance its setting and help create a
sense of place. The City may not acquire public art that would, when displayed,
create a hostile work environrnent for public employees.
2. Style: The artwork should be suitable in scale, materials, and form for its
surroundings.
3. Public Saffety: The City will not consider works that the City determines may
pose a threat to public safety.
Public Art Policy Page 11 of 11 4/9/03
Saratoga Arts Commission
C., ,Selection of Exhibit Materials
Artwork shall be selected from the City's existing collection or by one of the following ,
methods by the Arts Commission with the advice of an Arts Selection Panel (convened
subject to the policies set forth in section IILC, above) where appropriate:
1. Closed Competition -Works chosen through a limited competition, for which ,
selected artists are invited to submit proposals according to exhibit criteria established
by the Arts Commission. Such criteria will reasonably expedite the goals of the
competition without unduly excluding qualified participation. ,
2. Open Competition -All artists are welcome to propose works that meet the exhibit
criteria established by the Arts Commission.
3. Invitation -Artists chosen by the Arts Commission on the basis of their qualifications
(as demonstrated by past work, past experience with public art, and successful
completion of previous projects similar in scope and demand) will be asked or paid to
develop a proposal tailored to the exhibit criteria.
4. Loans -When the Arts Commission determines that an existing artwork satisfies the
exhibit criteria, the City may borrow it from the artist or owner.
5. Students -The City encourages exhibitions of artwork by students. Accordingly, the
City may, from time to time, solicit works directly from students, or create limited
competitions or exhibitions targeting student contributions.
D. Loans of Exhibit Materials
All artists loaning works for an exhibit must complete a City of Saratoga Exhibit
Agreement before installation of the exhibit. The Exhibit Agreement shall specify the
extent of the City's obligations to insure and indemnify loaned exhibit materials. In
addition, the following guidelines apply to all exhibits:
1. To facilitate publicity for exhibits, the donor maybe asked to submit a written article
to the Arts Commission six weeks prior to the exhibit date or to complete a publicity
check sheet;
2. Exhibits are not intended as a means of commercial sales. However, if the artist files
a price list and contact information with the City at the time a work is loaned, the City
will provide it to viewers upon request;
3. From time to time, the City may authorize artists to set up their own exhibits on City
property. The City assumes no responsibility for providing materials or special
assistance to donors in setting up such exhibits. Irr addition:
a. Wall, pillars or other structures may not be defaced in any way;
b. Works of art maybe mounted only in authorized areas;
c. Exhibitors must provide their own printed or typed identifying labels;
d. No prices should be affixed to items; and
e. If there is a question regarding materials or exhibit layout, the final approval rests
with the Arts Commission
Public Art Policy Page 12 of 12 4/9/03
Saratoga Arts Commission
C
SARATOGA CITY COUNCIL
,,.,y
MEETING DATE: Apri116, 2003 AGENDA ITEM:
ORIGINATING DEPT: City Manager's Office CITY MANAGER: ~~~
PREPARED BY: Lorie Tinfow DEPT HE
SUBJECT: Saratoga Library Project Update
RECOMMENDED ACTION(S):
Approve an additional $12,800 for Gilbane services to cover an estimated additional four weeks
needed to complete the library project.
REPORT SUMMARY:
Budget Summary Report. There have been no significant budget changes since my last report.
A copy of the Budget Summary Report presented to the Citizen's Oversight Committee at their
most recent meeting on March 31, 2003, is included for your information. The COC asked staff
to develop worst case scenario projections for temporary library operations for discussion at their
next meeting on April 28, 2003.
Budget Status. The table below shows the status of funds:
Committed Project Total as of 3/21/03 without contin enc $14,364,684
Chan ere uests shown as "estimate of chan es to contract" + $281,751
Total Project Costs oth committed and chan ere uests _ $14,646,435
Total authorized bud et $14,700,000
Remainin Balance = $53,565
Percent of time ela sed for entire ro'ect-Phase I and II 87 weeks/79 weeks 110%
.Construction schedule. The substantial completion date has moved beyond April 15, 2003,
primarily due to the PG&E gas connection delay. Staff will provide up-to-date information at the
meeting. The additional funds for Gilbane services will cover the project through May 15, 2003.
If the project fmishes before that time, only the actual time worked will be billed.
FISCAL IMPACTS:
The funds for additional Gilbane services would be paid for with bond funds.
The change request total represents ali contractor requests made to date and is a "worst case" estimate. This
number is simply shown for tracking purposes and appeazs on the attached Budget Summary as a subtotal under
"Estimate of Changes to Contract "
' ,.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S):
Gilbane could reassign staff or provide no staffipg.
ALTERNATIVE ACTION(S):
Authorize no or partial funding.
FOLLOW UP ACTION(S):
Staff will continue to .bring budget updates to Council on a regular basis until the project is
complete.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Nothing additional.
ATTACHMENTS:
^ Budget Summary Report dated March 21, 2003.
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SARATOGA CITY COUNCIL
MEETING DATE: Apri116, 2003
ORIGINATING DEPT: Public Works
PREPARED BY: D"~^Z
AGENDA ITEM:
CITY MANAGER: ~~~~~~~--
DEPT HEAD: ~~ ~-!~`~w'o"'~-2-
SUBJECT: Landscaping and Lighting Assessment District LLA-1; Preliminary Approval of
Engineer's Report and Adoption of Resolution of Intention for FY 03-04
RECOMMENDED ACTION:
Move to adopt the Resolution granting preliminary approval of the Engineer's Report for FY 03-
04.
2. Move to adopt the Resolution of Intention.
3. Approve professional services proposal from John H. Heindel for Assessment Engineering and
authorize City Manager to execute a professional services agreement for the same.
REPORT SUMMARY:
Attached are the next two Resolutions to continue the process for renewing the Landscaping and
Lighting Assessment Dishict LLA-1 for FY 02-03. Briefly, the two Resolutions are:
1. A Resolution of Preliminary Approval of Engineer's Report ... Fyscal Year 2003-2004 -
This is the Resolution required under the State Streets & Highways Code (S&H) section 22623
which grants preliminary approval of the Engineer's Report for the renewal of the District for
FI' 03-04.
2. A Resolution of Intention to order the levy and collection of assessments ... fiscal Year
2003-2004 -This is the Resolution required under S&H 22624 which, among other things, fixes
the date and time for the Public Hearing on June 4.
There are no increases in the parcel assessments, which would require an assessment district
election for any of the Zones within the District in FY 03-04. A spreadsheet is attached
summarizing the proposed assessments for FY 03-04, Copies of the complete Engineer's Report
will be distributed to Council prior to the City Council meeting.
These Resolutions should be adopted by separate vote at your meeting to continue the process of
renewing the District for another year in the time frame called for in the Budget Preparation
Calendar.
Tndire~J Cnst Allacatinn~
All of the costs associated with the District are recovered via the assessments except for indirect
costs. In FY 00-O1 the City Council capped indirect costs at $10,000, which is approximately 37%
of full recovery of these costs: The estimated indirect cost for F.Y. 03-04 is $26,690. Given the
current City budget situation, full cost recovery for indirect costs can be included in the assessments
if Council desires. ff done so it will not increase any zone assessment above the maximum allowed.
New T.andsca? a and Tiighting Maintenance 9nnP fnr the "C'.atawa~' area•
Staff is looking for direction from Council on whether the City should pursue the creation of a
new landscape and lighting maintenance zone for the future "Gateway" improvement azea,
bounded by Prospect Avenue and the Union Pacific Railroad tract. The improvement project
will create new landscaped medians, new landscaped areas along unimproved parcel frontages,
lighting, and a water feature. These improvements will all have ongoing maintenance and
operating costs.
Currently, the City, pays for the landscape maintenance and water costs for all of the medians
throughout the City. Conversely, the majority of other landscaped azeas within the Cityright-of-
ways, such as along the frontage of an individual parcel or subdivision, are maintained via a City
Landscape and Lighting Zone, an individual property owner, or a homeowner association.
The. estimated cost for maintaining the "Gateway" area is $25,000 per year. The following is a
breakdown of these costs:
New Landscaped Medians: $12,000/year (includes water and lighting costs)
New Frontage Landscaping: $10,000/year (includes water costs)
Water Feature: $3,000/year (includes.electricity and water costs)
Existing frontage landscaping is currently maintained and paid for by those properties, which the
landscaping fronts (approximately 50% of the "Gateway").
A landscaping and lighting district is advantageous in that maintenance can be handled by one
contractor thus the level of maintenance and costs are normalized and reduced through
efficiencies of scale.
The City can pursue different options in the creation of a new landscape and lighting assessment
zone that can include all of the maintenance costs associated with the "Gateway" area, or one that
does not include maintenance costs for certain areas such as frontage landscaping.
If Council desires to pursue a new landscaping and lighting zone, staff will hold a series of public
input meetings to inform the effected property owners and merchants. This will be followed by
public hearings and balloting per the rules of proposition 218.
\~
r I
The attached proposal will extend the existing professional contract between the City and John
Heindel for an additional three years. The current five-year contract with a cost of $5,800 will
increase to $8,000 for the term of the new agreement. John Heindel; a Saratoga resident, has been
the City's Assessment Engineer since 1983 and has provided exceptional service.
FISCAL IMPACTS:
All of the costs associated with the District are recovered via the assessments except for indirect
costs.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S):
The Resolutions would not be adopted and the process for renewing the District would not
continue.
ALTERNATIVE ACTION(S):
None in addition to the above.
FOLLOW UP ACTION(S):
The Resolution of Intention will be published.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Nothing additional at this time. After your meeting, the Resolution of Intention will be published.
ATTACHMENTS:
1. Resolutions (2).
2. Summary of Assessments for F.Y. 03-04.
3. Proposal.
RESOLUTION NO.
' A RESOLUTION OF PRELIMINARY APPROVAL OF ENGINEER'S REPORT
CITY OF SARATOGA
LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT LLA-1
FISCAL YEAR 2003-2004
RESOLVED, by the City Council of the City of Saratoga, California as follows:
WHEREAS, pursuant to the Landscaping and Lighting Act of 1972, on the 5th day of
March, 2003, said Council did adopt its Resolution No. 03-012, "A Resolution Describing
Improvements and Directing Preparation of Engineer's Report For Fiscal Year 2003-2004", for
the Citx of Saratoga Landscaping and Lighting District LLA-1, in said City and did refer the
proposed improvements to the Engineer of the City and did therein direct said Engineer to
prepaze and file with the City Clerk of said City a report, in writing, all as therein more
particularly described:
WHEREAS, said City Engineer prepared and filed with the City Clerk a report in writing .
as called for in said Resolution No. 03-012 and under and pursuant to said Act, which report has
been presented to this Council for consideration;
WHEREAS, said Council has duly considered said report and each and every part
thereof, and finds that each and every part of said report is sufficient, and that neither said report,
nor any part thereof should be modified in any respect;
NOW, THEREFORE, it is hereby found, determined and ordered, as follows:
1. That the plans and specifications for the existing improvements and the proposed
new improvements to be made within the assessment district or within any zone thereof,
contained in said report, be, and they are hereby preliminarily approved.
2. That the Engineer's estimate of the itemized and total costs and expenses of said
improvements, maintenance and servicing thereof, and of the incidental expenses in connection
therewith, contained in said report, be, and each of them are hereby preliminarily approved.
3. That the diagram showing the exterior boundaries of the assessment district
referred to and described in said Resolution No. 03-012 and also the boundaries of any zones
therein and the lines and dimensions of each lot or parcel of land within said district as such lot
or parcel of land is shown on the County Assessor's maps for the fiscal year to which the report
applies, each of which lot or parcel of land has been given a separate number upon said diagram,
as contained in said report, be, and it hereby is preliminarily approved.
4. That the proposed assessment of the total amount of the estimated costs and
expenses of the proposed improvements upon the several lots or parcels of land in said
assessment district in proportion to the estimated benefits to be received by such lots or parcels,
respectively, from said improvements including the maintenance or servicing or both, thereof,
and of the expenses incidental thereto, as contained in said report, be, and they are hereby
preliminarily approved.
5. That said report shall stand as the Engineer's Report for the purpose of all
subsequent proceedings to be had pursuant to said Resolution No. 03-012.
****
Passed and adopted by the City Council of the City of Saratoga, California, at a meeting
thereof held on the 16th day of April, 2003 by the following vote of the members thereof:
AYES:
NOES:
ABSENT:
. ABSTAIN:.
ATTEST:
Nick Streit, Mayor
City of Saratoga
Cathleen Boyer, City Clerk
RESOLUTION NO. ,_
~A RESOLUTION OF INTENTION TO ORDER THE
LEVY AND COLLECTION OF'ASSESSMENTS PURSUANT
TO THE LANDSCAPING AND LIGHTING ACT OF 1972
CITY OF SARATOGA LANDSCAPING AND
LIGHTING ASSESSMENT DISTRICT LLA-1
FISCAL YEAR 2003-2004
RESOLVED, by the City Council of the City of Saratoga, California, as follows:
WHEREAS, pursuant to Resolution No. 03-012, "A Resolution Describing
Improvements and, Directing Preparation of Engineer's Report for Fiscal Year 2003-2004", for
City of Saratoga Landscaping and Lighting District LLA-1, adopted on March 5, 2003, by the
City Council of said City, pursuant to the Landscaping and Lighting Act of 1972, the Engineer of
said City has prepared and filed with the Clerk of this City the written report called for under said
Act and by said Resolution No. 03-012, which said report has been submitted and preliminarily •
approved by this Council in accordance with said Act;
NOW, THEREFORE, it is hereby found, determined and ordered, as follows:
1. In its opinion the public interest and convenience require and it is the intention of
this Council to order the levy and collection of assessments for Fiscal Year 2003-2004 pursuant
to the provisions of the Landscaping and Lighting Act of 1972, Part 2, Division 15 of the Streets
and Highways Code of the State of California, for the construction or installation of the
improvements, including the maintenance or servicing, or both, thereof, more particularly
described in Exhibit "A" hereto attached and by reference incorporated herein.
2. The cost and expenses of said improvements, including the maintenance or
servicing, or both, thereof, are to be made chargeable upon the assessment district designated as
"City of Saratoga Landscaping and Lighting District LLA-1," the exterior boundaries of which
are the composite and consolidated areas as more particularly described on a map thereof on file
in the office of the Clerk of said City, to which reference is hereby made for further particulars.
Said map indicates by a boundary line the extent of the territory included in the district and of
any zone thereof and the general location of said district.
3. Said Engineer's Report prepared by the Engineer of said City, preliminarily
approved by this Council, and on file with the City Clerk of this City is hereby referred to for a
full and detailed description of the improvements and the boundaries of the assessment district .
• and any zones therein, and the proposed assessments upon assessable lots and parcels of land
within the district.
4. Notice is hereby given that Wednesday, the 4th day of June, 2003, at the hour of
7:30 p.m. in the City Council Chambers at 13777 Fruitvale Avenue, Saratoga, California, be and
the same are hereby appointed and fixed as the time and place for a hearing by this Council on
the question of the levy and collection of the proposed assessment for the construction or
installation of said improvements, including the maintenance and servicing, or both, thereof, and
when and where it will consider all oral statements and all written protests made or filed by any
interested person at or before the conclusion of said hearing, against said improvements, the
boundaries of the assessment district and any zone therein, the proposed diagram or the proposed
assessment, to the Engineer's estimate of the cost thereof, and when and where it will consider
and finally act upon the Engineer's report, and tabulate the ballots.
5. The Clerk of said City be, and hereby is, directed to give notice of said hearing by
causing a copy of this Resolution to be published once in the Saratoga News, a newspaper
published and circulated in said City, and by conspicuously posting a copy thereof upon the
official bulletin board customarily used by the City of Saratoga for the posting of notices, said
posting and publication to be had and completed at least ten'(10) days prior to the date of hearing
specified herein.
6. The Office of the City Engineer be, and hereby is designated as the office to
answer inquiries regarding any protest proceedings to be had herein, and may be contacted during
the regular office hours at the City Hall, 13777 Fruitvale Avenue, Saratoga, California 95070, or
by calling (408) 868-1241.
*****
Passed and adopted by the City Council of the City of Saratoga, California, at a meeting
thereof held on the 16th day of April, 2003, by the following vote of the members thereof:
AYES:
NOES:
ABSENT:
ABSTAIN:
Attest:
Cathleen Boyer, City Clerk
Nick Streit, Mayor
City of Saratoga
Exhibit A ' .
DESCRIPTION OF IMPROVEMENTS
The design, construction or insfallation, including the maintenance or servicing, or both,
thereof, of landscaping, including trees, shrubs, grass or other ornamental vegetation, statuary,
fountains and other ornamental structures and facilities, and public lighting facilities for the
lighting of any public places, including traffic signals, ornamental standards, luminaries, poles,
supports, tunnels, manholes, vaults, conduits, pipes, wiles, conductors, guys, stubs, platforms,
braces, transformers, insulators, contacts, switches, capacitors, meters, communication circuits,
appliances, attachments and appurtenances, including the cost of repair, removal or replacement
of all or any part thereof, providing for the life, growth, health and beauty of landscaping, .
including cultivation, irrigation, trimming, spraying, fertilizing and treating for disease or injury;
the removal of trimmings, rubbish, debris and other solid waste; electric current or energy, gas or
other illuminating agent for any public lighting facilities or for the lighting or operation of any
other improvements; and the operation of any fountains or the maintenance of any other
improvements.
JOHN H. HEINDEL
CONSULTING CIVIL ENGINEER
March 25, 2003
Job No. 8306
City of Saratoga
Department of Public Works
13777 Fruitvale Avenue
Saratoga, CA 95070
Attn: Mr. John Cherbone, Director
Ladies and gentlemen:
I am pleased to present the following proposal for providing services relative to the
City of Saratoga's Landscaping and Lighting District LLA-I for fiscal years 2003-
2004 through 2005-2006.
Scope of Services
1. Perform computer programming and data input as required to
implement the calculation of assessments for parcels within Zone 24 as described
in the Rules for Spreading Assessments for District LLA-1 (all input data to be
provided by City).
2. Consult with City staff personnel to determine costs, contributions
and carryovers for the current fiscal year, segregated by zone.
3. Generate a preliminary roll for parcels in the existing district, using
the previous year's parcel data file and any data provided by City, to be used for
the public hearing.
4. Compile a data file, generate a preliminary roll and prepare an
assessment diagram for parcels to be annexed to the district, if any, using current
assessor's data, to be used for the public hearing.
P. O. BOX 3452 SARATOGA, CALIFORNIA 95070 (408) 741-0159 FAX (408) 741-5547
City of Saratoga
Attn: Mr. John Cherbone '
March 25, 2003 '
Page two
5. Complete the Engineer's Report, including all additional items'
required by the Act of 1972.
6: When the new assessor's roll becomes available from the County
(probably in July), update the data files, preliminary rolls and assessment diagrams
to produce final files, rolls and diagrams which agree with the new assessor's roll.
7. Produce and mail public hearing notices and ballots to the owners
of all parcels to be annexed, if any, and to the owners of other parcels as directed
by City staff or as otherwise required by law. A notice will be produced for each
'parcel, which will contain the following information: Owner's name and address,
assessor's parcel number, amount of the existing assessment, amount of the
proposed assessment, the address to which property owners may mail a protest
against the proposed assessment, a statement that a majority protest will cause any
assessment increase to be abandoned, and the date, time and location of the public
hearing. This notice, together with a copy of the Resolution of Intention, will be
sealed in a window envelope provided by the City, stamped and mailed.
8. Attend any public meetings and public hearings that might be held
relative to the. proceedings, to explain the methods of spreading the assessments
and to answer any questions relative to the above services.
9. Produce and file with the county auditor the assessment roll
containing the assessments shown on the final roll.
10. Perform any services requested by the City which are additional to
those described above.
Fees for Services
For fiscal year 2003-2004 1 propose to perform the above services for the
following fees:
For Item 1 above a one-time lump sum fee of $2,300.00.
JOHN H. HEINDEL -CONSULTING CIVIL ENGINEER
City of Saratoga
Attn. Mr. John Cherbone
March 24, 2003
Page three
For Items 2 through 6, 8 and 9 above for a lump sum fee of $8,000.00, plus
$8.60 per parcel added to the roll since the preceding year.
For Item 7 above for a fee equal to $2.10 per notice ($200.00 minimum),
plus cost of postage and reproduction of the resolution.
.For Item ]0 above for a fee equal to $145.00 per hour expended by me,
plus 115% of the cost of any outside services and expenses incurred by me.
For subsequent fiscal years I propose that the above fees be adjusted proportional
to the change in the value of the San Francisco-Oakland-San Jose Consumer Price
Index, as published by the U. S. Department of Labor, between that published for
February 2003 and February of the year in question.
Please contact me if you have any questions or comments.
Very sincerely,
JOHN H. HEINDEL -CONSULTING CIVIL ENGINEER
SARATOGA'CITY COUNCIL
ORIGINATING DEPT: City Manager's Office CITY MANAGER:
~"'.~~
MEETING DATE: April 16, 2003 AGENDA ITEM:
~~--
,~_
„.
PREPARED BY: Lorie Tinfow DEPT HEAI~• `)Q.1'~1 ~vi
-~---6•
SUBJECT: Amendment to the Silicon Valley Animal Control Authority (SVACA) Joint Exercise
of Powers Agreement
RECOMMENDED ACTIONS:
Approve and authorize the City Manager to sign the attached amendment of the Silicon. Valley Animal
Control Authority (SVACA) Joint Exercise of Powers Agreement to require Member Agencies to obtain
approval of their allocated proportional share of the budget prior to the Authority Board's approval of
the fiscal yeaz budget or any budget amendments that result in increases in the member Agencies'
allocated proportional shares during the course of the fiscal year.
REPORT SUMMARY:
At the February meeting of the Silicon Valley Animal Control Authority Board, the City of Cupertino
expressed concerns about the potential for the JPA to force Member Agencies to contribute to shelter
construction activities against their will. The Board asked Counsel to draft a JPA amendment with
language to address the concern. The attached amendment was reviewed and approved at the March
meeting. Each City must now approve the amendment in order for it to become part of the JPA.
ALTERNATIVE ACTIONS:
Choose not to approve the amendment,
FOLLOW UP ACTIONS:
Staff will transport the executed amendment to the Silicon Valley Animal Control Authority Board
before the deadline of Apri130, 2003.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Nothing additional.
ATTACHMENT:
Second Amendment to Joint Exercise of Powers Agreement Creating the Silicon Valley Animal
Control Authority
SECOND AMENDMENT TO JOINT EXERCISE OF
POWERS AGREEMENT CREATING THE SILICON
VALLEY ANIMAL CONTROL AUTHORITY
This Amendment is made and entered into as of
by and among the Member Agencies of the Silicon Valley Animal Control Authority
("Authority") as defined in Section 1.14 of the Joint Exercise of Powers Agreement
executed by the Member Agencies in June and July of 2000 (hereafter "Agreement").
WHEREAS, the Member Agencies desire to add language to Section 6.1 of the
Agreement to require Member Agencies to obtain approval of their allocated proportional
shaze of the budget prior to the Authority Board's approval of the fiscal year budget or any
budget amendments that result in increases in the Member Agencies' allocated
proportional sHazes during the course of the fiscal year; and
WHEREAS, to accomplish this end,.the Member Agencies have approved the
amendment to the Joint Exercise of Powers Agreement Creating the Silicon Valley Animal
Control Authority, as more particularly specified below.
NOW, THEREFORE, THE MEMBER AGENCIES AGREE AS FOLLOWS:
1. Section 6.1 of the Agreement shall be amended to insert the following
language as a second paragraph in that Section:
Each Member Agency shall approve the contribution of its allocated
proportional share of the total estimated annual costs and expenses in the
budget, as set forth in Section 6.3, prior to final adoption of the budget by
the Board of Directors on or before June 30 of each year. If, during the
course of any given fiscal year, there are proposed amendments to the
.budget that would require increased amounts to be paid by each Member
Agency over and above the allocated proportional share attributed to the
budget then. in effect, each Member Agency shall approve the payment of
such additional amount prior to final action by the Boazd of Directors to
approve any such budget amendment.
2. Except as expressly revised by this Amendment, all terms, conditions and
requirements as set forth in the Agreement shall remain in full force and effect.
u
1013518.1
Second Amendment Section 6.1
EXECUTION OF AMENDMENT TO AGREEMENT
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to
Agreement to be executed and attested by their proper officers thereupon duly authorized and
their official seals to be hereto affixed on the dates as shown herein.
MEMBER AGENCIES
APPROVED AS TO FORM:
By:
Its:
Date:
ATTEST:
By:
Its:
Date:
APPROVED AS TO FORM:
By:
Its;
Date:
ATTEST:
By:
Its:
Date:
CITY OF CAMPBELL, a municipal corporation
By:
Its;
Date:
CITY OF CUPERTINO, a municipal corporation
By:
Its;
Date:
2 1013518.1
Second Amendment Section 6.1
APPROVED AS TO FORM:
By:
Its:
Date:
ATTEST:
By:
Its:
Date:
APPROVED AS TO FORM:
By:
Its:
Date:
ATTEST:
By:
Its:
Date:
APPROVED AS TO FORM:
By:
Its:
Date:
ATTEST:
By:
Its:
Date:
CITY OF MONTE SERENO, a municipal
corporation
By:
Its:
Date:
CITY OF SANTA CLARA, a municipal
corporation
By:
Its;
Date:
CITY OF SUNNYVALE, a municipal corporation
By:
Its;
Date:
g totsss.t
Second Amendment Section 6.I
•
APPROVED AS. TO FORM:
•
By:
Its:
Date:
ATTEST:
By:
Its:
Date:
APPROVED AS TO FORM:
By:
Its:
Date:
ATTEST:
By:
Its:
Date:
CITY OF LOS GATOS, a municipal corporation.
By:
Its;
bate:
CITY OF SARATOGA, a municipal corporation
By:
Its;
Date:
q 1o1ss1s.1
Second Amendment Section 6.1
-. J
SARATOGA CITY COUNCIL ~ ~-
MEETING DATE: July 17, 2002
ORIGINATING D ~ anager
PREPARED
~`
AGENDA ITEM: ~ ~~'
CITY MANAGER: ~~ ~--~--
DEPT HEAD:
SUBJECT: Designation Of Voting Delegate For Special Meeting of the League of
California Cities Grand Assembly
RECOMMENDED ACTION:
That Council selects a member of the City of Saratoga's City Council to be the voting delegate to
participate in the Special Meeting on May 15, 2003..
REPORT SUMMARY:
The League of California Cities is requesting that all cities be represented at the Special Meeting
on Thursday, May 15, 2003. The purpose of this Special, Meeting is to consider one or more
proposals prepared by the Board of Directors concerning the state budget and state local fiscal
form. The league is requesting a response by .May 9, 2003. Mayor Nick Streit is unable to attend
this Special Meeting...
League bylaws state that "Any official of a Member City may, with the approval of the City
Council, be designated the city's voting delegate or alternate delegate to any League meeting."
FISCAL IMPACTS:
N/A
CONSEQUENCES OF 1VOT FOLLOWING RECOMMENDED ACTION:
The City of Saratoga would not have a voting delegate at the League's Special Meeting.
ALTERNATIVE ACTION:
N/A
FOLLOW UP ACTION:
Mail "Voting.Delegate Form" to the League of California Cities.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
N/A
ATTACHMENTS:
Attachment A -Letter from League of California Cities
Attachment B -Voting Delegate Form
a
1
S
Better Cities-A Better• Life
Leaque of California Cities:'
wwwcacutes.org
April 7, 2003 APR. ~ 9 2403
To: The Honorable Mayor and City Council
From: John Russo, League:President, City Attorney, Oakland
Re: Designation of voting Delegate for a Special Meeting (May 15`h) of the
League of California Cities General Assembly
Response required by May 9.
The Executive Committee of the League Board of Directors has called a Special Meeting of the
General Assembly of the League on Thursday, May 15, 2003 at the Sacramento Community
Center.Theatre, beginning at 1:00 p.m. The purpose of this Special Meeting is to consider one
or more proposals prepared by the Board of Directors concerning the state budget and state-
local fiscal reform. It is important that all cities be represented at this Special Meeting on
Thursday, May 15, at 1:00 p.m. at the Sacramento Community Center Theatre. 'The
meeting should be over by 3:30 p.m. (estimated).
League bylaws state that "Any official of a Member City may, with the approval of the. city
council, be designated the city's designated voting delegate or alternate delegate to any
League meeting. Designated voting delegates (or their alternates) constitute the
League's General. Assembly." To expedite the conduct of business at this important meeting,
each city council should designate a voting representative and an alternate who will be present
at the meeting. League bylaws provide that "representatives of each Member City present and
in good standing collectively cast one vote." A voting card will be given to the city official
designated by the city council on the enclosed "Voting Delegate Form."
Please complete and return the enclosed "Voting Delegate Form" to the Sacramento office of
the League at the earliest possible time .(riot later than Friday, May 9, 2003), so that proper
records may be established for the conference. The voting delegate may pick up the city's
voting card at the designated Voting Card desk located in the lobby of the Sacramento
Community Center Theatre. The Voting Card desk will be open from 11:30 a.m: -1:00 p.m. in
the. lobby of the Sacramento Community Center Theatre.
The voting procedures to be followed at this conference are. printed on the reverse side of this
memo.
Your help in returning the attached "Voting Delegate Form" as soon as possible is appreciated.
If you have any questions, please call Lorraine Okabe at (916) 658-8236.
~.~
Headquarters Southern California Office
' 1400 KStreet 60T East Huntington Dr., Suite C
Sacramento, CA 95814 Monrovia, CA 91016
916.653.5200 626.305.1315
FAX 916.653.8240 FAX 626305.1345
r
1. VOTING DELEGATE:
LEAGUE OF CALIFORNIA CITIES
2003 SPECIAL. MEETING OF THE LEAGUE GENERAL
.ASSEMBLY
VOTING DELEGATE FORM
CITY:
(Name)
(Title)
2. VOTING ALTERNATE:
(Name)
(Title)
ATTEST:
(Name)
i ~ ~~~~~
PLEASE COMPLETE AND RETURN TO:
League of California Cities
Attn: Lorraine Okabe
1400 K Street
Sacramento, CA 95814
~~ Fax: (916) 658-8240
Deadline: Friday, May 9, 2003