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HomeMy WebLinkAbout07-16-2003 City Council Agenda PacketAGENDA REGULAR MEETING SARATOGA CITY COUNCIL JiJLY 16, 2003 CLOSED SESSION- 5:45 P.M. -ADMINISTRATIVE CONFERENCE ROOM, 13777 FRUITVALE AVENUE ANNOUNCEMENT OF CLOSED SESSION ITEMS CALL MEETING TO ORDER - 5:45 P.M. ANNOUNCEMENT OF CLOSED SESSION ITEMS ADJOURNED TO CLOSED SESSION - 5:45 P.M. Conference with Legal Counsel -Threatened Litigation: Significant exposure to litigation pursuant to Government Code section 54956.9(b): (3 potential cases) Conference With Legal Counsel- Existing Litigation Name of case: Parker Ranch Homeowners Association, et al. v. Tsung-Ching Wu, et al. (Santa Clara County Superior Court Case Number CV797015) Conference with Legal Counsel -Initiation of litigation (Gov't Code sectior. 54956.9(c): (1 potential case). REGULAR MEETING - 7:00 P.M. -CIVIC THEATER/COUNCIL CHAMBERS AT 13777 FRUITVALE AVENUE MAYOR'S REPORT ON CLOSED SESSION PLEDGE OF ALLEGLANCE ROLL CALL ARCHIVE COPY REPORT OF CITY CLERK ON POSTING OF AGENDA (Pursuant to Gov't. Code 54954.2, the agenda for this meeting was properly posted on July 10, 2003) COMMUNICATIONS FROM COMMISSIONS & PUBLIC Oral Communications on Non-Aeendized Items Any member of the public will be allowed to address the City Council for up to three (3) minutes an matters not on this agenda. The Zaw generally prohibits the council from discussing or taking action on such items. However, the Council may instruct staff accordingly regarding Oral Communications under Council Direction to Staff. Communications from Boards and Commissions None Written Communications None Oral Communications -Council Direction to Staff Instruction to Staff regarding actions on current Oral Communications. None CEREMONIAL ITEMS lA. Commendation for Girl Scout Silver Awards Recommended action: Present commendation. SPECIAL PRESENTATIONS None CONSENT CALENDAR The Consent Calendar contains routine items of business, Items in this section will be acted in one motion, unless removed by the Mayor or a Council member. Any member of the public may speak to an item on the Consent Calendar at this time, or request the Mayor remove an item from the Consent Calendar for discussion. Public Speakers are limited to three (3) minutes. 3A. City Council Minutes- May 21, 2003 Continued from July 2, 2003 Recommended action: Approve minutes. 3B. City Council Minutes- June 4, 2003 Recommended action: Approve minutes. 3 C. Review of Check Register Recommended action: Approve check register. 3D. Planning Action Minutes -July 9, 2003 Recommended action: Note and file.. 3E. Commission Attendance Records Recommended action: Note and file. 3F. Acceptance of Saratoga Fire Protection District Use Restriction Agreement, Restriction On Transfer Of Ownership And Grant Of Easement For Public Parking Recommended action: Authorize Mayor to accept Saratoga Fire Protection District Use Restriction Agreement, Restriction On Transfer Of Ownership And Grant Of Easement For Public Parking. 3G. Authorization to City Manager to Execute Amendment to Cal ID Program Recommended action: Authorize execution of agreement. 3H. Rodeo Creek Monitoring for Storm Drain Pollution Cost Sharing Agreement Recommended action: Authorize execution of agreement. 3I.. Proposed Preannexation Agreement for Assessor's Parcel Numbers APN 510-24- 002, APN 510-24-027, APN 510-24-003 Recommended action: Approve Preannexation Agreement. PUBLIC HEARINGS (Applicants/Appellants and their representatives have a total of ten minutes maximum for opening statements. Members of the public may comment on any item for up to three minutes. Applicant/Appellants and their representatives have a total of five minutes maximum for closing statements. Items requested for continuance are subject to Council's approval at the Council meeting 4. Consideration of Initiating Proceedings to Annex to the City of Saratoga from Santa Clara County Territory Designated as Assessor's Parcel Numbers 510-24- 002 (also known as 19418 Redberry Drive), 510-24-027 (also known as 19370 Redberry Drive), and 510-24-003 (also known as 19400 Redberry Drive Recommended action: Conduct public hearing. Amendments to various Sections of the R-1 (Section 15-12), Design Review for Single Family Dwellings (Section 15-45) and the Subdivision (Chapter 14) and Environmental Determination Recommended action: Conduct public hearing; adopt resolution granting the Negative Declaration of Environmental Impact; introduce ordinance; and place on consent calendar at the August 6, 2003 meeting for adoption. OLD BUSINESS None NEW BUSINESS 6. Village Green Cut Through Traffic Mitigation Recommended action: Adopt resolution. 7. Letter of Support to Release American Detained in China Recommended action: Accept report and direct staff accordingly. 8 Community Development Employment Agreement for Allison Knapp Recommended action: Approve agreement 9. Celebrate Saratoga -City Sponsorship of "Kid Zone" Recommended action: Accept report and direct staff accordingly; adopt resolution. 10. Valley Transportation Authority (VTA) Board Restructuring Proposal Recommended action: Review attached correspondences and adopt resolution. 11. Travelers Information System (TIS) Radio Recommended action: Accept report and direct staff accordingly. AGENCY ASSIGNMENT REPORTS Mayor Nick Streit Chamber of Commerce Hakone Foundation Liaison Santa Clara County Cities Association Santa Clara County Valley Water Commission Saratoga Business Development Council Vice Mayor Ann Waltonsmith County Cities Association Legislative Task Force SASCC Liaison Valley Transportation Authority PAC Councilmember Kathleen Kine KSAR Community Access TV Board Northern Central Flood Control Zone Advisory Board Sister City Liaison West Valley Solid Waste Joint Powers Association Councilmember Norman Kline Association of Bay Area Government Library Joint Powers Association Peninsula Division, League of California Cities Saratoga Business Development Council Councilmember Stan Bogosian County HCD Policy Committee Emergency Planning Council Silicon Valley Animal Control JPA West Valley Sanitation District CITY COUNCIL ITEMS OTHER CITY MANAGER'S REPORT ADJOURNMENT In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this meeting, please contact the City Clerk at (908) 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) r REVISED -CITY OF SARATOGA CITY COUNCIL MEETING CALENDAR 2003 8/6 Regular Meeting -City Manager Evaluation 8/20 Summer Recess 9/3 Regular Meeting 9/17 Regular Meeting 10/1 Regular Meeting. 10/IS Regu]azMeeting 11/5 Regular Meeting 11/19 RegularMeeting~ 12/3 Regular Meeting 12/9 Special Meeting -Council Reorganization 12/17 Regular Meeting 6 '` SARATOGA CITY COUNCIL 1. MEETING DATE: July 16, 2003 AGENDA ITEM: ORIGINATING DEPT: City Manager CITY MANAGER: PREPARED BY: DEPT HEAD: Cathleen Bover. City Clerk SUBJECT: Commendation for Girl Scout Silver Awards RECOMMENDED ACTION: .Present Commendations. REPORT SUMMARY: Attached are commendations for Katrin Cooper, Kristin Gochnauer, Jennifer Zecchin, Kerry Zweig, Sarah Collonge, Grace Humphries, and Lisa Kolstad. All of these Scouts recently received their Silver Award. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: N/A ADVERTISING, NOTICING AND PUBLIC CONTACT: Posting of the agenda. ATTACHMENTS: Attachment A -Copy of commendations -CITY OF SARATOGA CITY COUNCIL COMMENDING KATRIN COOPER WHEREAS, Katrin Cooper has achieved the highest award in Cadet Girl Scouting, the Girl Scout Silver Award; and WHEREAS, Katrin achieved this award through several years of effort and dedication. to Girl Scouting as a member in good standing of Saratoga Girl Scout. Troop 681; and WHEREAS, Katrin has earned the Leadership patch, the Dreams to Reality patch, three additional Interest Project patches and the Cadet Girl Scout Challenge pin; and WHEREAS, her efforts culminated in a Silver Award Service Project, .dubbed "Operation Fish" which involved creating a whimsical sea mural and establishing a colorful 60-gallon aquarium for the Family House, a home away from home for families of critically ill children at the UCSF Medical Center; and WHEREAS, she has demonstrated outstanding achievement in skill building, leadership development, career exploration and community service; NOW THEREFORE, THE CITY OF SARATOGA, DOES HEREBY PROCLAIM THAT KATRIN COOPER Deserves our warmest congratulations and highest praise; and The City of Saratoga does further proclaim that her family and .fellow Girl Scouts deserve credit for the assistance and encouragement they undoubtedly gave her. WITNESS OUR HAND AND THE SEAL OF THE CITY OF SARATOGA on this 16~` day of July 2003. Nick Streit, Mayor Saratoga, California CITY OF SARATOGACITY COUNCIL COMMENDING KRISTIN GOCHNAUER WHEREAS, Kristin Gochnauer has achieved the highest award in Cadet Girl Scouting, the Girl Scout Silver Award; and WHEREAS, Kristin achieved this. award through several years of effort and dedication to Girl Scouting as a member in good standing of Saratoga Girl Scout Troop 681; and WHEREAS, Kristen has earned the Leadership patch, the Dreams to. Reality patch, three additional Interest Projectpatches and the Cadet Girl Scout Challenge pin; and WHEREAS, her efforts culminated in a Silver Award Service Project, dubbed "Operation Fish" which involved creating a whimsical sea mural and establishing a colorful 60-gallon aquarium for the Family House, a home away from home for families of critically ill children at the UCSF Medical Center; and WHEREAS, she has demonstrated outstanding achievement in skill building; leadership development, career exploration and community service; NOW THEREFORE, THE CITY OF SARATOGA, DOES HEREBY PROCLAIM THAT KRISTIN GOCHNAUER Deserves our warmest congratulations and highest praise; and The City of Saratoga does further proclaim that her family and .fellow Girl Scouts deserve credit for the assistance and encouragement they undoubtedly gave her: WITNESS OUR HAND AND-THE SEAL OF THE CITY OF SARATOGA on this 16~` day of July 2003. Nick Streit, Mayor Saratoga, California CITY OF SARATOGA CITY COUNCIL COMMENDING JENNIFER ZECCHIN WHEREAS, Jennifer Zecchin has achieved the highest award in Cadet Girl Scouting, the Girl Scout Silver Award; and WHEREAS, Jennifer achieved this award through several years of effort and dedication to Girl Scouting as a member in good standing of Saratoga Girl Scout Troop 681; and WHEREAS, Jennifer has earned the Leadership patch, the Dreams to Reality patch, three additional Interest Project patches and the Cadet Girl Scout Challenge pin; and WHEREAS, her efforts culminated in a Silver Award Service Project, ,dubbed "Operation Fish" which involved creating a whimsical sea mural and establishing a colorful 60-gallon aquarium for the Family House, a home away from home for families of critically ill children at the UCSF Medical Center; and WHEREAS, she has demonstrated outstanding achievement in skill building, leadership development, career exploration and community service; NOW THEREFORE, THE CITY OF SARATOGA, DOES HEREBY PROCLAIM THAT JENNIFER ZECCHIN Deserves our warmest congratulations and highest praise; and The City of Saratoga does further proclaim that her family and fellow. Girl Scouts deserve credit for the assistance and encouragement they undoubtedly gave her. WITNESS OUR HAND AND THE SEAL OF THE CITY OF SARATOGA on this 16~` day of July 2003. Nick Streit, Mayor Saratoga, California CITY OF SARATOGA CITY COUNCIL COMMENDING KERRY ZWEIG WHEREAS, Kerry Zweig has achieved the highest award in Cadet Girl Scouting, the Girl Scout Silver Award; and WHEREAS, Kerry achieved this .award through several years of effort and dedication to Girl Scouting as a member in good standing of Saratoga Girl Scout Troop 681; and WHEREAS, Kerry has earned the Leadership patch, the Dreams to Reality patch, three additional Interest Project patches and the Cadet Girl Scout Challenge pin; and WHEREAS, her efforts culminated in a Silver Award Service Project, dubbed "Operation Fish" which involved creating a whimsical sea mural and establishing a colorful 60-gallon aquarium for the Family House, a home away from home for families of critically ill children at the UCSF Medical Center; and WHEREAS, she has demonstrated outstanding achievement in skill building, leadership development, career exploration. and community service; NOW THEREFORE, THE CITY OF SARATOGA, DOES HEREBY PROCLAIM THAT KERRY ZWEIG Deserves our warmest congratulations and highest praise; and The .City of Saratoga does further proclaim that her family and. fellow Girl Scouts deserve credit for the assistance and encouragement they undoubtedly. gave her. WITNESS OUR HAND AND THE- SEAL OF THE CITY OF SARATOGA on thisl6~` day of July 2003. Nick Streit, Mayor Saratoga, California CITY OF SARATOGA CITY COUNCIL COMMENDING SARAH COLLOGNE WHEREAS, Sarah Collogne has achieved the highest award in Cadet Girl Scouting, the Girl Scout Silver Award; and WHEREAS, Sarah achieved .this award through several years of effort and dedication to Girl Scouting as a member in good standing of Saratoga Girl Scout. Troop 681; and WHEREAS, Sarah has earned the Leadership. patch, the Dreams to Reality patch, three additional Interest Project patches and the Cadet Girl Scout. Challenge pin; and WHEREAS, her efforts culminated in a Silver Award Service Project, .dubbed "Operation Fish" which involved creating a whimsical sea mural and establishing a colorful 60-gallon aquarium for the Family House, a home away from home for families of critically ill children at the UCSF Medical Center; and WHEREAS, she has demonstrated outstanding achievement in skill building, leadership development, career exploration and community service; NOW THEREFORE, THE CITY OF SARATOGA, DOES HEREBY PROCLAIM THAT SARAH COLLOGNE Deserves our warmest congratulations and highest praise; and The City of Saratoga does further proclaim that her family and fellow Girl Scouts deserve credit for the assistance and encouragement they undoubtedly gave her. WITNESS OUR HAND AND THE SEAL OF THE CITY OF SARATOGA on this 160i day of July 2003. Nick Streit, Mayor Saratoga, California CITY OF SARATOGA CITY COUNCIL COMMENDING GRACE HUMPHRIES WHEREAS, Grace Humphries has achieved the highest award in Cadet Girl Scouting, the Girl Scout Silver Award; and WHEREAS, Grace achieved this award through several years of effort and dedication to Girl Scouting as a member in good standing of Saratoga Girl Scout Troop 681; and WHEREAS, Grace has earned the Leadership. patch, the Dreams to Reality patch, three additional Interest Project patches and the Cadet Girl Scout Challenge pin; and WHEREAS, her efforts culminated in a Silver Award Service Project, dubbed "Operation Fish" which involved creating a whimsical sea mural and establishing a colorful 60-gallon aquarium for the Family House, a home away from home for families of critically ill children at the UCSF Medical Center; and WHEREAS, she has demonstrated outstanding achievement in skill building, leadership development, career exploration and community service; NOW THEREFORE, THE CITY OF SARATOGA, DOES HEREBY PROCLAIM THAT GRACE HUMPHRIES Deserves our warmest congratulations and highest praise; and ..The City of Saratoga does further proclaim that her family and fellow Girl Scouts deserve credit for the assistance and encouragement they undoubtedly gave her. WITNESS OUR HAND AND THE SEAL OF THE CITY OF SARATOGA on this 16~' day of July 2003. Nick Streit, Mayor Saratoga, California CITY OF SARATOGA CITY COUNCIL COMMENDING LISA KOLSTAD WHEREAS, Lisa Kolstad has achieved the highest award in Cadet Girl Scouting, the Girl Scout Silver Award; and WHEREAS, Lisa .achieved this award through several years of effort and dedication to Girl Scouting as a member in good standing of Saratoga Girl Scout Troop 681; and WHEREAS, Lisa has earned the Leadership patch; the Dreams to Reality patch, three additional Interest Project patches and the Cadet Girl Scout Challenge pin; and WHEREAS, her efforts culminated in a Silver Award Service Project, dubbed "Operation Fish" which involved creating a whimsical sea mural and establishing a colorful 60-gallon aquarium for the Family House, a home away from home for families of critically ill children at the UCSF Medical Center; and WHEREAS, she has demonstrated outstanding achievement in skill. building, leadership development, career exploration-and community service; NOW THEREFORE, THE CITY OF SARATOGA, DOES HEREBY PROCLAIM THAT LISA KOLSTAD Deserves our warmest congratulations and highest praise; and The City of Saratoga does further proclaim that her family and fellow Girl, Scouts deserve credit for the assistance and encouragement they undoubtedly gave her. WITNESS OUR HAND AND THE SEAL OF THE CITY OF SARATOGA on this 16~` day of July 2003. Nick Streit, Mayor Saratoga, California SARATOGA CITY COUNCIL MEETING DATE: July 16, 2003 AGENDA ITEM: ^~ ORIGINATING DEPT: City Manager .CITY MANAGER: .(//J /~ PREPARED DEPT HEAD: (_/G--/~_-_ Cathlee oyer; City Clerk SUBJECT: City Council Minutes RECOMMENDED ACTION: Approve minutes. REPORT SUMMARY: Approve minutes as submitted for the following City Council Meeting: Continued from July 2, 2003. Regular meeting -May 21, 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 May 21, 2003 MIlV[ITES SARATOGA CITY COUNCIL MAY 21, 2003 The City Council met in Open Session at 4:00 p.m. in the Administrative Conference Room, 13777 Fruitvale Avenue, to conduct interviews for the Youth Commisgion: Mayor Streit adjourned the interviews at 5:30 p.m. and announced the City Council would meet in Closed Session in the Administrative Conference Room, 13777 Fruitvale Avenue. ADJOURNED TO CLOSED SESSION - 6:00 P.M. Conference With Labor Neeotiators (Government Code section 54957.6 Agency designated representatives: Lorie Tinfow, Assistant City Manager & Jesse Baloca, Administrative Services Director Employee organization: SEA Conference With Legal Counsel -Anticipated Litigation: Significant Exposure to litigation pursuant to section 54956.9(b): (1 potential case) Conference With Legal Counsel- Existing Litigation Name of case: Parker Ranch Homeowners Association, et al. v. Tsung-Ching Wu, et al. (Santa Clara County Superior Court Case Number CV797015) Conference With Leal Counsel-Threatened Litigation (1 item). 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 of 7:05 p.m. and lead the Pledge of Allegiance. ROLL CALL PRESENT: Councilmembers Kathleen King, Norman Kline, Vice Mayor Ann Waltonsmith, Mayor Nick Streit ABSENT: Councilmember Stan Bogosian ALSO PRESENT: Dave Anderson, City Manager Lorie Tinfow, Assistant City Manager Richard Taylor, City Attorney Cathleen Boyer; City Clerk John Cherbone, Public Works Director Cary Bloomquist, administrative Analyst Jesse Baloca, Administrative Services Director Christine Oosterhous, Associate Planner . REPORT OF CITY CLERK ON POSTING OF AGENDA FOR MAY 21.2003 Cathleen Boyer, City Clerk, reported that pursuant to Government Code Section 54954.2, the agenda for the meeting of May 21, 2003 was properly posted on May 16, 2003. COMMUNICATIONS FROM COMMISSIONS & PUBLIC ORAL COMMUNICATIONS The following person requested to speak at tonight's meeting: Jonathan Judelson, 13785 Lexington Court, noted that he has been a resident in Saratoga for the past 18 years and now he is a junior majoring in Cinema Production at the University of Southern California. Mr. Judelson noted that this summer is producing a film to build his resume and to gain film experience. Mr. Judelson explained that plot of the film and noted that the total cost is approximately $15,000. Mr. Judelson noted that he would like to use Saratoga as a backdrop for this film. Mr. Judelson noted that he was present tonight to ask the City Council to waive the $500 charge for a permit to shoot the film in Saratoga and fund the cost of having a Sheriff available on site. COMMUNICATIONS FROM COMMISSIONS & PUBLIC • None WRITTEN COMMUNICATIONS None COUNCIL DIRECTION TO STAFF Councilmember King requested that Council agendize Mr. Judelson's request for the next meeting. Councilmember Kline noted that he supported CouncilmemberKing's request. ANNOUNCEMENTS None CEREMONIAL ITEMS lA. PROCLAMATION -DECLARING THE MONTH OF NNE "SCLERRODERMA MONTH" • STAFF RECOMMENDATION: Read proclamation. Mayor Streit read the proclamation and directed staff t mail it to the appropriate person. 1B. COMMENDATION - PETER W OHLMUT - SARATOGA COMMUNITY . ACCESS TELEVISION BOARD STAFF RECOMMENDATION: Present commendation. Mayor Streit read the proclamation and presented it to Mr. Wohlmut. Mr. Wohlmut expressed his appreciation for being able to live in Saratoga for over 20 yeazs. SPECIAL PRESENTATIONS. None CONSENT CALENDAR 2A. CITY COUNCIL MINUTES -APRIL 16, 2003 STAFF RECOMMENDATION: Approve minutes. WALTONSMITH/KLINE MOVED TO APPROVE MINUTES OF APRIL 16. 2003. MOTION PASSED 4-1 WITH BOGOSIAN ABSENT. 2B. REVIEW OF CHECK REGISTER STAFF RECOMMENDATION: Approve check register. WALTONSMITH/KLINE MOVED TO APPROVE CHECK REGISTER. MOTION PASSED 4-1 WITH BOGOSIAN ABSENT. 2C. PLANNING ACTION MINUTES -APRIL 14, 2003 STAFF RECOMMENDATION: Note and file. WALTONSMITH/KLINE MOVED TO NOTE AND FILE PLANNING ACTION MINUTES OF APRIL 14. 2003. MOTION PASSED 4-1 WITH BOGOSIAN ABSENT \J 3 2D. ADOPTION OF RESOLUTION -CONTAINING FINDINGS AND . DECISION BY CITY COUNCII. REGARDING DENIAL OF APPEAL BY WILLIAM F. BRECK OF VARIANCE GRANTED BY PLANNING COMMISSION TO MITCHELL AND TRACY CUTLER FOR 25-FOOT LONG, SEY FOOT HIGH WALL AT 14480 OAK PLACE STAFF RECOMMENDATION: Adopt resolution. TITLE OF RESOLUTION: 03-027 CONTAINING FINDINGS AND DECISION BY CITY COUNCIL REGARDING DENIAL OF APPEAL BY WILLIAM F. BRECK OF VARIANCE GRANTED BY PLANNING COMMISSION. TO MITCHELL AND TRACY CUTLER FOR 25-FOOT LONG, SIX FOOT HIGH WALL AT 14480 OAK PLACE WALTONSMITH/KLINE MOVED TO ADOPT REOOLUTION. MOTION PASSED 4-1 WITH BOGOSIAN ABSENT 2E: APPROVAL OF CONSULTANT AGREEMENT FOR TRAIL EASEMENT RESEARCH STAFF RECOMMENDATION: Approve proposal and authorize City Manager to execute agreement. WALTONSMITH/KLINE MOVED TO APPROVE PROPOSAL FROM TERRI BARON FOR CONSUTLING SERVICES. MOTION PASSED 4-0 WITH BOGOSIAN ABSENT 2F. CALIFORNIA HOMELAND SECURITY FUNDING PLAN STAFF RECOMMENDATION; Authorize representative to sign protest letter from the Santa Clara County Emergency Preparedness Council. WALTONSMITH/KLINEMQVED TO AUTHORIZE REPRESENTTAIVE TO SIGN LETTER OF PROTEST. MOTION PASSED 4-1 WITH BOGOSIAN ABSENT 2G. MIDPENINSULA REGIONAL OPEN SPACE -PROPOSED EXTENSION OF ITS BOUNDARIES TO THE SAN MATEO COAST STAFF RECOMMENDATION: Adopt resolution. • TITLE OF RESOLUTION: 03-028 4 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA SUPPORTING AND ENDORSING THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT'S PROPOSED EXTENSION OF ITS BOUNDARIES TO THE SAN MATED COUNTY COAST TO PRESERVE . OPEN SPACE AND AGRICULTURAL LANDS WALTONSMITH/KLINE MOVED TO ADOPT RESOLUTION. MOTION PASSED 4-1 WITH BOGOSIAN ABSENT 2H. ON-LINE REGISTRATION AND TRANSACTION STAFF RECOMMENDATION: Authorize purchase o£ software. WALTONSMITH/KLINE MOVED TO AUTHORIZE PURCHASE OF SOFTWARE. MOTION PASSED 4-1 WITH BOGOSIAN ABSENT 2L CIVIC THEATER UPPER LEVEL RE-ROOF PROJECT -NOTICE OF COMPLETION STAFF RECOMMENDATION: Accept project as complete and direct staff to record the Notice of Completion. WALTONSMITII/KLINE MOVED TO ACCEPT NOTICE OF OOMPELTION. MOTION PASSED 4-1 WITH BOGOSIAN ABSENT 27. CONTRACT RENEWAL FOR MUNICIPAL TRAFFIC ENGINEER STAFF RECOMMENDATION: Approve contract and authorize City Manager to execute the same. WALTONSMITH/KLINE MOVED TO ANDAUTHORIZE CITY MANAGER TO .EXECUTE THE SAME. MOTION PASSED 4-1 WITH BOGOSIAN ABSENT PUBLIC HEARINGS 3. APPEAL OF A PLANNING COMMISSION TO APPROVE DESIGN REVIEW AND USE PERMIT APPLICATIONS TO CONSTRUCT NEW .FACILITIES FOR ST. ANDREW'S PARIS$ AND SCHOOL LOCATED AT 13601 SARATOGA AVENUE STAFF RECOMMENDATION: Conduct public hearing; uphold the Planning Commission approval; adopt resolution. TITLE OF RESOLUTION: 03-029 • RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA DENYING THE APPEAL OF THE APPROVAL OF DESIGN REVIEW AND USE PERMIT APPLICATIONS LOCATED AT 13601 SARATOGA AVENUE TITLE OF RESOLUTION: 03-030 RESOLUTION OF THE CITY COUNCIL OF SARATOGA ADOPTING A MITIGATED NEGATIVE DECLARATION IN CONNECTION WITH: ST. ANDREW'S PARISH AND CHURC$, 13601 SARATOGA AVENUE Due to a conflict of interest, Councilmember Kline recused himself from this item and stepped down from the dais. Christine Oosterhous, Associate Planner, presented staff report.. Planner Oosterhous explained that On mazch 12, 2003 the Planning Commission approved by resolution Design Review and Use permit to construct new facilities for St. Andrew's Parish and School. The proposed project includes demolition of the existing buildings and the construction of six new structures. Proposed buildings include: a performing arts/gymnasium, administrative offices, classrooms, a parish center, a clergy building and a bell tower. The new building construction will total approximately 72,705 square feet. Planner Oosterhous explained that the planning Commission approved the project with several added conditions. Planner Oosterhous explained the conditions as follows: • The proposed bell tower shall be eliminated from the project • Clerestory windows shall be installed in the parish center • The height of the administratiion/classroom building shall not exceed 32.5 feet as viewed from Saratoga Avenue • The height of the clergy building shall not exceed 30 feet in height as viewed from Saratoga Avenue • St. Andrew's shall be required to install fencing and landscaping screening as requested by the adjacent neighbors • Planning commission approval shall be required to increase student enrollment beyond 450 students. Enrollment figures shall be submitted to the planning department each fall • Outdoor concerts, amplified voices and music shall not be permitted in-any outdoor location • Interior building lights shall not be illuminated in the evenings when not in use Planner Oosterhous noted that the grounds for the appeal as detailed by the appellant, march King, in his appeal are in part "failure to provide due process and due diligence". Planner Oosterhous noted that the Planning Commission and St. . Andrew's held several neighborhood meetings. Staff notified the appellant by telephone and he never attended. Documents on file in the Community Development Department indicate the appellant was notified of all of the meetings. Jill Hunter, Chair/Planning Commission, noted that they met with St. Andrew's many times. Although the Commission had many different views on the project, ' in the end the consensus was after 40 years of use most schools should be remodeled. Vice Mayor Waltonsmtih asked how many public heazings did the Planning Commission have. Chair Hunter responded they held 4 public heazings. Mayor Streit opened the public heazing. Mayor Streit noted the appellant was not present and moved on to the applicant. Scott Sheldon, Project Representative for St: Andrews, stated that they held at least 7 public hearings and workshops in regards to their project. Mr. Sheldon noted that this project started in 1999. This was when the pazish and the school made the commitment to go forward and upgrade the school facilities. In 2001 they brought a proposal to the Planning Commission and the proposal wasn't the right solution. They went back worked with staff, the parish and the neighbors to try and. meet everyone's needs. Mr. Sheldon noted that the recent approval includes a series of 38 conditions imposed by the Planning commission in which St. Andrew's is amenable and agreeable to fulfilling. Mr. Sheldon noted that they have tried and will continue to be a good neighbor.. In terms of the appeal, which was filed by Mr. King, is based on his claim of "lack of due process". Mr. Sheldon stated that the lack of due process is not accurately represented and noted all of the notices were mailed out properly and as information was provided to the parish, school, and neighbors. Mr. Sheldon stated that they feel they have completed due process. Mr. Sheldon urged the Council to deny the appeal and uphold the Planning Commission's recommendation. Stephanie Palmer, 18806 Harleigh Drive, noted that she has lived in Sazatoga since 1996 and has been a member of St. Andrew's Pazish and School for 11 yeazs. Ms. Palmer noted that she fully supports the project. Mayor Streit noted that Mr. King, the appellant, was present and informed Mr. King he had 10 minutes. Mazc King, Bremore Drive, noted that he objects to the project. Mr. King referred to Planning Commission minutes from March 12, 2003. Mr. King stated that in those minutes 19 neighbors objected to the project, 15 of those objections were due to growth of the site. Mr. King stated that also in those minutes it shows that the only advocates. for the project did not live physically close to the project. Mr. King stated that nowhere in the minutes did it discuss the ongoing traffic problems on Saratoga Avenue, nor was the projected growth of the school discussed. Mr. King stated that the minutes do note mention the president the decision will make on the rest of the City. Mr. King stated that this. is not a remodeled but an expansion project. Mr. King stated that the Planning Commission's decision on . Mazch 12, 2003 was not responsible. 7 Mr. King requested that the Council reverse the decision of the Planning Commission until such time the Planning Commission showed proof of due • diligence on this project. Councilmember King stated that she thought the neighbors left to St. Andrew's supported the project. Mr. King responded that he did not read that in the minutes. Jim Spazks, 19562 Via Monte, noted that he has been a member of St. Andrew's for 14 years and lives two blocks away from the school. Mr. Sparks noted that the classrooms, cafeteria and gymnasium were all too small.. Mr. Sparks stated that he fully supports the project. Hugh Wright, 12243 Goelta Avenue, has been a member of St. Andrew's since 1974. Mr. Wright stated that he fully supports the project. Jerry Bruce, Saratoga Federated Church, stated that the faith communities in Saratoga provide numerous services to the community. Mr. Bruce stated that he fully supports the project. David Moyles; Hill Avenue, stated that he fully supports the project. Jim Hughes, 1443 Melinda Circle, stated that he feels the proposed improvements are necessary. • Don Cazr, 19803 Merribrook Court, stated that he fully supports the project. Penny Carr, 19803 Merribrook Court, stated that she fully supports the project. Fran Crepea, 12137 Kristy Lane, stated that she fully supports the project. Joe Durham, 19561 Scotland Drive, noted that he lives one house down from St. Andrew's and noted that he fully supports the project. Ruth Tsai, 136602 Old Tree Way, stated that she fully supports the project Dan Gochnauer, 12892 Cumberland Drive, stated that he has been a member of St. Andres for 17 years and his children attended school there. He feels the improvements are necessary. Frances Banakas, 14669 Fieldstone Drive, stated that she fully supports the project J.P. Puette, 12342 Crayside Lane, stated that she is the Risk Manager for St. Andrew's and the improvements aze necessary to provide a safe school for the children. Ms. Puette stated that she fully supports the project Lilly Shoemaker, 18799 Westview Drive, stated that she fully supports the project 8 Hazry Luoh, 19540 Tweed Court, noted that he shares a common fence with St: Andrew's Church. Mr. Luoh stated that he feels that St. Andrew's has not followed the City's building code. Mr: Luoh noted that St. Andrew's should not be allowed to build athree-story building. Mr. Luoh noted that he opposes the project. Mr. Luoh stated that he feels the noise will be a problem. - Diana Luoh, 19540 Tweed Court, stated that she opposes the project although she is not against the function or purpose of St. Andrew's. Mrs. Luoh agrees the school needs improvements, but the design is wrong. Mrs. Luoh noted that the Parish Center building, that is the closest to their house, would be disruptive.. Jim Stallman, 19740 Braemore Drive, stated that he fully supports the project Jill Zuleeg, 19605 Glen Una Drive, stated that she fully supports the project Gayle Bate, 10422 San Fernando Avenue, stated that she fixlly supports the project Bazb Setriado, 19521 Tweed Court, noted that her house faces the school and she here's all the noise fromrecess daily. Mrs. Setriado noted that she oppose the project. Linda Sherburne, 12443 De Sanka Avenue, stated that he fully supports the project David Baum, 19105 Dagmar Drive, stated that he fully supports the project Mr. King noted that this was not a contest to see not about how long a person has lived in the community or how long a person may have been a member of the church. The City's 500-foot notification does not compare to the large number of members of the church that was well orchestrated this evening. Mr. King noted that he is not asking the Council to approve or disapprove the St. Andrew's project, but to approve or disapprove whether the Planning Commission did due. diligence. Mr.-King requested that the Council return the project back to the. Planning Commission reconsider the project. Mr. Sheldon stated that "due diligence" was followed throughout the process. Mr. Sheldon noted that the Planning Commission did put a cap on enrollment based on the history of past enrollment over the years and have tried ko mitigated the noise impact on the neighbors. Mr. Sheldon requested that the Council uphold the Planning Commission's decision. Mayor Streit closed the public hearing. Councilmember Waltonsmith noted that she visited the site yesterday and read all the material that staff provided. Councilmember Waltonsmith noted that she supports the Planning Commission's decision. Councilmember King noted that she also supports the Planning Commission's decision. • Mayor Streit stated that he cannot make the findings to overrule the Planning Commission's decision. Mayor Streit noted that he supports the added conditions . that the Commission applied to the approval of the project. Mayor Streit noted that he supports the Planning Commission's decision. WALTONSMITH/KING MOVED TO ADOPT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA DENYING THE APPEAL OF THE APPROVAL OF DESIGN REVIEW AND USE PERMIT APPLICATIONS LOCATED AT 13601 SARATOGA AVENUE. MOTION PASSED 3-0-1-1 WITH BOGOSIAN ABSENT AND KLINE ABSTAINING. WALTONSMITH/KING MOVED TO ADOPT RESOLUTION ABSTAINING. Consensus of the Council to direct staff to work with St. Andrew's to address the concerns with the lights in the Sunday School area. • Mayor Streit declared aaive-minute break at 8:40 p.m. Mayor Streit reconvened the meeting at 8:45 p.m. 4. PUBLIC HEARING AND FII2ST READING OF AN ORDINANCE AMENDING ARTICLE 16 OF THE SARATOGA CITY CODE RELATING TO THE MAINTENANCE OF BUILDING SITES AND EXPII2ATION OF BUILDING PERMITS. STAFF RECOMMENDATION: Conduct public hearing; introduce ordinance; waive first reading; and direct staff to place the matter on the Consent Calendar for the next council meeting. Richard Taylor City Attorney, Presented staff report. City Attorney Taylor explained that one of the azeas that continue to create complaints from all Sazatoga's neighborhoods is the unsightliness of construction sites. The proposed ordinance addresses this issue by 10 requiring construction sites to be fenced with opaque material and 2) al] equipment, material, portable toilets and trash dumpsters be maintained within the confines of the project. City Attorney Taylor explained that another area of concern is construction • projects that continue for unreasonable length of time, sometimes five to six yeazs or more. This subjects the neighbors to unfinished construction sites, which are unsightly, attractive to for shelter by animals and humans, and unsafe.. The proposed ordinance id intended to give incentive for the completion of IO CHURCH, 13601 SARATOGA AVENUE. MOTION PASSED 3-0-1-1 WITH BOGOSIAN ABSENT AND KLINE construction projects within a reasonable amount of time. It is designed to render the City Code more understandable and to enable. builders to know the procedures applicable to reinstatement of a building permit and to know the limit of the ' number of reinstatements. Discretion is more clearly vested in the building official to reinstate permits and nom ore than two permit reinstatements are allowed in . order to encourage completion of construction projects. in a timely manner. Mayor Streit opened the public hearing. No one requested to speak on this item. Mayor Streit closed the public hearing. KLINE/WALTONSMITII MOVED TO CALENDAR FOR THE NEXT COUNCIL MEETING.. MOTION PASSED 4-1 WITH BOGOSIAN ABSENT. OLD BUSINESS 5. SARATOGA LIBRARY PROJECT UPDATE STAFF RECOMMENDATION:. Approve expenditures of up to $2500; approve additional funds for Gilbane; Provide direction on acoustical panels; announce date of Grand Opening Celebration. Lorie Tinfow, Assistant City Manager; presented staff report. • Assistant City Manger Tinfow stated that the temporary library closed Monday, May 19, 2003. Assistant City Manager Tinfow reported that following: • Budget Status - $14,692,0931- (total costs both committed and change requests) staffrequests increase the budget to $14,750,000. • Construction Schedule -completion date of May 21, 2003. Assistant City Manager Tinfow requested that Council authorize staff to purchase and install track lighting along the art wall to highlight exhibited work and approve additional funds for Gilbane Building co. services for the period o£May 16 through May 21, 2003. Mayor Streit asked if the. City would recover any funds due to GenCon's bankruptcy. Assistant City Manager Tinfow responded that he City should get approximately $30,000, which is not included in the budget. U 11 , In regards to the art wall, Assistant City Manager Tinfow explained that because the Arts Commission has decided to postpone the initial art exhibit of Dr. Head, . staff needs direction on how to proceed. Assistant City Manager Tinfow noted that staff is requesting direction on whether or not to install the acoustic panels now or wait until a later date. Councilmember King asked if the panels are not installed now would there be a charge to install them at a later date. Assistant City Manager Tinfow responded yes-that there would be a charge. Consensus of the City Council to direct the contractor to install the acoustical panels in the library. Assistant City Manager Tinfow announced that the official grand opening celebration is scheduled for June 21, 2003. WALTONSMITH/KLINE MOVED TO APPROVE EXPENDITURES OF UP TO $2500: APPROVE ADDITIONAL FUNDS FOR GILBANE. MOTION PASSED 4-1 WITH BOGOSIAN ABSENT. 6. INTRODUCTION OF 2003-2004 PRELIMINARY BUDGET STAFF RECOMMENDATION: Accept report and direct staff accordingly. Jesse Baloca, Administrative Services Director, presented staff report. Director Baloca stated that he would be going through the recommended changes to the 2003-04 Budget and introduce the draft annual fee schedule. Director Baloca noted that the on May 7, 2003, the Preliminary Budget was presented as a balanced operating budget. In consideration of the Governor's December 2002 proposed cuts that proposed a revenue reduction of approximately $1.3 million in FY 2003-04 VLF backfill and booking fees, the budget continued to leave intact the City's $2.3 million operating contingency and $1.5 million economic uncertainty reserves. Director Baloca stated that since the introduction of the FY 2003-04 budget, refinements have bee made as part of ongoing review process that includes a reassessment of end of year expenditure levels. The end of year budget has been adjusted top account for additional legal services in the amount of $118k and $3k for additional litigation services. Director Baloca stated that the Governor's May 4, 2003 revision to the States FY 2003-04 budget restored the VLF funding contingent upon the "VLF Trigger" being pulled in the near future. Since the VLF backfill was included in May 2003 revised budget, the City's VLF losses under this scenario will be limited to the lag time inherent between noticing and payment of increased VLF fees, approximately 2 months. After passing the State budget, the City will address the impacts as a separate budget amendment to the City's FY 2003-04 Adopted Budget. 12 In regards to the FY 2003-04 Fee Schedule, Director Baloca stated it primazily reflect s new pazk user fees developed and reviewed by the Parks and Recreation ` Commission, revised building rental fees that reflect a comparative study, the removal of animal control fees chazged by the Silicon Valley Animal Control • Authority (SVACA), and an increase in the annexation deposit that is exempt from LAFCO from $2,500 to $5,000. Jim Hughes, Chair/ Finance Commission. noted that the Finance Commission fully supports the proposed Fee Schedule and voted to pass the budget unanimously. Chair Hughes thanked Director Baloca for a great job. Director Baloca noted that he would bring this item back on June 4, 2003 for a public hearing and final adoption. Council thanked Director Baloca for a job well done. NEW BUSINESS APPROVAL OF DESIGN PLANS FOR PLAYGROUND AND PARK IMPROVEMENTS AT BROOKGLEN, EL QUITO, WII,DWOOD PARKS STAFF RECOMMENDATION: Approve design plans. Cary Bloomquist, administrative Analyst, presented staff report. Analyst Bloomquist reported that in direct response to the Federally Mandated • Playground Equipment Safety Standazds, the City, through the Parks and Recreation Commission, formed task forces and held kickoff meetings this past July 2002 at Brookglen and Wildwood pazks to replace existing play equipment that does not met federal safety standazds. The El Quito Park Task Force was formed over year ago and has met on a regular basis, focusing on issues such. as field usage/drainage/irrigation improvements, placement of a pedestrian/jogging path with a par course around the perimeter of the park, play equipment, and other small infrastructure improvements. Analyst Bloomquist reported that at the December 2002 Council meeting, Council awarded design contracts for the pazk improvement projects as follows: the Beals Group for El Quito and Design Focus for Brookglen and Wildwood Pazk. Analyst Bloomquist noted that the drawings before Council represent the final designs for each pazk. The Parks and Recreation Commission and the task forces groups fully support the designs. If approved, staff will go out to bid fro construction ofthese-projects in late summer. Analyst Bloomquist reported that Derek McKee from the Beals Group and Rebecca Dye from Design Focus were present this evening to answer any questions Council may have. • Vice Mayor Waltonsmith asked if the price included installation fees. 13 Analyst $loomquist responded yes. Mayor Streit noted that staff is asking Council to approve equipment tonight that. until this evening was the first time the Council has seen the equipment and designs. Analyst Bloomquist responded that the drawings have been on display in the Public Works department. Mayor Streit asked to postpone the approval until the next meeting and requested that staff provide reduced. size design plans and arrange site visit to the parks. Councilmember Kline concurred with Mayor Streit. Analyst Bloomquist responded that he would be happy to arrange site visits and bring this item back to Council at a future date but requested the two design groups be allowed to give their presentations since that were preset this evening. Derek McKee, Beals Group, noted that he would provide the Council with the playground designs. Rebecca Dye, Design Focus, stated that she designed Brookglen and Wildwood Parks. Ms. Dye described Brookglen Park as a small neighborhood "pocket park" serving ages 3-12 years. The play equipment is clustered according to age. The predominate color is green with red and blue accents. Brookglen Park will have a basketball court with a painted maze on it. Plum trees will be planted to set off the park from the street. There will also be ADA accessible play equipment, picnic tables and a few giant animals to climb on. Ms. Dye continued to describe the design for Wildwood Park. Ms. Dye noted that this park they kept the colors subdued using mostly green. Ms Dye noted that new play equipment including a huge climbing structure, swings, slides, and a water play table would be installed: One of the options is a climbing structure shaped as a dinosaur. Councilmember Kline asked how tall the climbing structure was. Ms. Dye responded 10 feet. Councilmember King asked how many benches is the City buying for $22,000: Ms. Dye responded 8 benches would be purchased. Mr. McKeeBeals Group stated that the playground at El Quito Pazk not only included new play equipment but also new irrigation and a perimeter pathway. Karlina Oh, 21750 Vintage Lane, noted that she served on the Wildwood Task . Force.. Ms. Oh noted that the Task Force tried to design the park with play equipment that kids don't normally get to use. The climbing structure that was shaped as like a dinosaur was a big hit, but they understand the budget constraints. 14 Mayor Streit asked if the play equipment for the parks come from a single manufacture or from several different ones: Mayor Streit asked if several different manufactures would that create problems concerning maintained and warranty. Director Cherbone responded that the equipment comes from several. different manufactures but he does not foresee any problems with the maintenance or wazranty. Karen Murphy, 12540 Paseo Ceroo, noted that she served on the El Quito Pazk Task Force. Ms Murphy noted that the Task Force tried to maintain the character of the park while keeping in mind that the pazk is heavily used. Ms. Murphy noted that the Task Force is very excited about the design. Mayor Streit asked about the play equipment warranties. Mr. McKee stated that most manufactures offer a 15-20 yeaz warranty. Consensus of the City Council to postponed the approval of the pazk designs and direct staff to schedule site visits and bring the item back to Council at a future date. 8. REDBERRY ANNEXATION DISCUSSION STAFF RECOMMENDATION: Discuss the annexation process. John Livingstone, Associate Planner, presented staff report. Planner Livingstone explained that Wanda Kownacki of Bainter Way has requested that the City place this issue of potential annexation of properties on the Council agenda. Attached is a LAFCO presentation on City conducted annexation process. Planner Livingstone stated that one of the reason for annexation is to be able apply the City's more stringent design review standards for new homes that aze new by that are now subject to County design review standards. The County design review regulations allow homes up to 35 feet in height and have no floor area limitations. Our General Plan allows for annexations as long as there is no add Tonal cost over the long term of the annexation: Planner Livingstone explained that for every million dollazs in property tax the City would receive $350.00, Planner Livingstone noted that staff feels that if Council would like to proceed with the annexation of these properties, you should be aware the county application pending on neighboring property would more thank likely be completed with County prior to the start with any .annexation process from the City. Wanda Kownacki, 19280 Bainter Avenue, noted hat she is extremely frustrated with the County's review proves and requests that the City speed the annexation along.. Mrs. Kownacki noted that they have tried to discuss the matter with the property owner and he is not willing to address their concerns. 15 KSAR 15 EQUIPMENT UPGRADES STAFF RECOMMENDATION: Accept report and direct staff accordingly Joan Pisani, recreation Director, presented staffreport Director Pisani explained that in Apri12002 the City Council directed KSAR staff to evaluate the current broadcast system in the Council Chamber and come back with a recommended equipment upgrade list. Director Pisani explained that in 2000 KSAR received a settlement from AT&T totaling $95,000. To date KSAR has a balance of$88,688. Carolyn de los Saritos, Saratoga Community Access Director, has come up with a recommendation for new equipment to improve their service delivery totaling $45,013. Councilmember King asked Carolyn if she felt that the recommendations were he best way to spend the $45,000. Cazolyn de los Santos, Sazatoga Community Access Director, responded that she fully supports this recommendation. KLINE/KING MOVED TO RECOMMEND EOUH'MENT PURCHASE TO KSAR BOARD. MOTION PASSED 4-1 WITH BOGOSIAN ABSENT. 10. FUTURE USE OF MCWILLIAMS HOUSE STAFF RECOMMENDATION: Accept report and direct staff accordingly: Joan Pisani, recreation Director, presented staff report. Director Pisani explained that in January of this year the Chamber of Commerce moved out of the city-owned McWilliams House after 25 years. The City Council has requested that the future of the House be discussed tonight. Director Pisani noted that after the Chamber of Commerce relocated their office, city staff completed a few repair projects. Staff removed and replaced the dilapidated fence in front of the building, took down the gazebo in the back, installed a drainage system around the property, and removed the termite infested storage shed attached to the house. Director .Pisani explained that in February a list of McWilliams House improvements was presented to the Council. After discussion Council decided not to move forward with the minor upgrades but instead designated $25,000 to hire an architect that specializes in preservation and restoration of historic houses. 17 Mrs. Kownacki stated that the property violates all county hillside standazds and threatens 12 mature oak trees. Kim Fennell, 19418 Redberry Drive, thanked the City Council for showing an interest. in the possibility of annexing their property into the City limits. Mr. Fennel stated that he opposes the proposed project because of the structures height, brightness and the threat to the oak. trees. If the City decides to proceed with the anhexation process, City Attorney Taylor stated that Council should provide direction to staff if the annexation should be a City funded annexation or whether the applicants should fund. it. City Attorney Taylor stated that under the proposed fee schedule, which is on the agenda later this evening and would will take effect July 1, 2003. if approved, the applicant must pay a deposit and the cost in processing the application is billed against that deposit when if falls below a certain level it is reimbursed. City Attorney Taylor stated that a policy question should to be made by the Council on whether the fee scheduled should be applied to this proposed annexation. City Attorney Taylor stated that if not the City would be responsible for the survey costs, geotechnical surveys, eta Vice Mayor Waltonsmith asked approximately how much would this process would cost. City Attorney Taylor. responded that he did not know the costs. Vice Mayor Waltonsmith stated that this annexation is important to the City and perhaps the city and the applicants could shaze the costs. Mayor Streit noted that he supports the annexation Councilmember Kline noted that the City should fund the annexation due to the fact that this property should have been annexed years ago. City Attorney Taylor requested clear direction on how staff should proceed: 1) look at just the three properties that have been proposed, 2) look at one or two additional properties to make a uniform block, or 3) look at a broader area up to a quarter mile on either side of the property, Councilmember King stated that she would like staff to move forwazd with the three properties that want to be annexed and the one that is causing difficulty trying to get them in our sphere of influence. Also she requested that staff provide a timeline of the annexation process and noted that this process should be expedited. Councilmember King also suggested that the City talk to the County Executives again and let them know that the City is serious about this annexation and the project in questions should not be approved. Vice Mayor Waltonsmith concurred. Consensus of the City Council to direct staff to investigate annexation of the four pieces of the property on Rederry Drive. 16 Director Pisani explained future options for the future use of the McWilliams House as follows: • Lease building to Historical Foundation • Lease building to smaller business • Use the building for City purposes • Do nothing right now Director Pisani noted. that Bob Lowden, President/Saratoga Historical. Foundation, was present this evening to answer any questions the Council may have. Bob Lowden, President/Saratoga Historical Foundation, noted. that he has lived in Saratoga for over 40 years and is the current President of the Saratoga Historical Foundation, Mr. Lowden requested that the City allow the Foundation to use the McWilliams House. Councilmember Kline asked if the Heritage Preservation Commission and the Saratoga Historical Foundation ever have meetings together. Mr. Lowden responded that the two groups do occasionally meet together. Planner Livingstone added that one member from the HPC is on the Foundation's Board and the Chair of the HPC usually attends the Foundation meetings. Mayor Streit noted that he supports allowing the Foundation to use the McWilliams house but is concerned about the long-term maintenance of the building. Mayor Streit noted that a maintenance agreement should be executed from the beginning for any use of the building. Councilmember Kline noted that he also supports allowing the Foundation to use the McWilliams House. Councilmember Kline noted that all City owned property should be looked. Vice Mayor Waltonsmtih suggested looking at all city faculties and have a strategic plan everything. AGENCY ASSIGNMENT REPORTS Vice Mayor Waltonsmith reported the following information: Countv Cities Association Legislative Task Force -reported back to the Task Force with the Council's consensus on the bills, whether to support; not to support or monitor. Mayor Streit reported the following information: Hakone Foundation - elected a new president. U 18 Councilmember King reported the following information: Northern Central Flood Control Zone Advisory Board -recently attended the meeting and felt that she lacked information compared to the other representatives. Councilmember King stated that she thinks this is due to the fact that Saratoga changes representative yearly whereas other cities don't. Councilmember Kline had nothing to report. CITY COUNCIL ITEMS None OTHER None CITY MANAGER'S REPORT None ADJOURNMENT There being no further business Mayor Streit adjourned Closed Session at 11:35 p.m. . Respectfully submitted, Cathleen Boyer, CMC City Clerk 19 SARATOGA CITY COUNCIL MEETING DATE: July 16, 2003 AGENDA ITEM: ORIGINATING DEPT: City Manager CITY MANAGER: `v `~-,' ~- PREPARED BY: DEPT HEAD: Cathleen Boyer, City Clerk SUBJECT: City Council Minutes RECOMMENDED ACTION: Approve minutes. REPORT SUMMARY: Approve minutes as submitted for the following City Council Meeting: Regular meeting -June 4, 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 June 4, 2003 MINUTES SARATOGA CITY COUNCIL NNE 4, 2003 The City Council of the City of Sazatoga met in Open Session, Administrative Conference Room, 13777 Fruitvale Avenue at 5:45 p.m. to discuss Youth Commission appointments and at 6: OOp.m. adjourned to Closed Session. Conference With Labor Negotiators (Government Code section 54957 6): Agency designated representatives: Lorie Tinfow, Assistant City Manager & Jesse Baloca; Administrative Services Director Employee organization: SEA Conference With Legal Counsel - Anticipated Liti anon: Significant Exposure to litigation pursuant to section 54956.9(b): (1 potential case) Initiation of litigation pursuant to section 54956.9(c): (1 potential-case) Conference With Real Property Negotiators: Property: 13650 Sazatoga Avenue Agency negotiator: Lorie Tinfow, Assistant. City Manager Negotiating parties: City of Saratoga, Santa Claza County Library Joint Powers Authority Under negotiation: Price and terms of payment 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 tihe Regulaz 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 Andeison, City Manager Lorie Tinfow, Assistant City Manager Richard Taylor, City Attorney Cathleen Boyer, City Clerk Jesse Baloca, Administrative Services Director Tom Sullivan, Community Development Director John Livingstone, Associate Planner John Cherbone, Public Works Director L~ Cary Bloomquist, Administrative Analyst Morgan Kessler, Civil Engineer REPORT OF CITY CLERK ON POSTING OF AGENDA FOR JCJNE 4, 2003 Cathleen Boyer, City Clerk, reported that pursuant to Government Code Section 54954.2, the agenda for the meeting of June 4, 2003 was properly posted on May 30, 2003. COMMUNICATIONS FROM COMMISSIONS & PUBLIC ORAL COMMUNICATIONS No one requested to speak at tonight's meeting: COMMUNICATIONS FROM COMMISSIONS & PUBLIC None WRITTEN COMMUNICATIONS None COUNCIL. DIRECTION TO STAFF None CEREMONIAL ITEMS lA. COMMENDATION FOR OUTGOING PUBLIC SAFETY COMMISSIONER JIM SCHINDLER STAFF RECOMMENDATION: Present commendation. Mayor Streit announced the commendation and noted that Mr. Schindler was unable to attend tonight's meeting. Mayor Streit directed staff to mail the commendation to Mr. Schindler. 1B. COMMENDATION FOR OUTGOING YOUTH COMMISSIONER ROSS LEVINE STAFF RECOMMENDATION: Present commendation. Mayor Streit announced the commendation and noted that Mr. Levine was unable to attend tonight's meeting. Mayor Streit directed staff to mail the commendation to Mr. Levine. 2 1C: APPOINTMENT AND OATH OF OFFICE FOR THE YOUTH COMMISSION STAFF RECOMMENDATION; Adopt resolution and administer Oath of Office. TITLE OF RESOLTTION: 03-031 RESOLUTION OF THE CITY COUNCIL APPOINTING STX MEMBERS TO THE YOUTH COMMISSION WALTONSMTIH/ KING MOVED TO ADOPT RESOLUTION APPOINTING COMMISSION. MOTION PASSED 5-0. City Clerk Boyer administered the Oath of Office to the newly appointed Youth Commissioners. SPECIAL PRESENTATIONS None CONSENT CALENDAR 2A. CITY COUNCIL MINUTES -MAY 7, 2003 RECOMMENDED ACTION: Approve minutes. Vice Mayor Waltonsmith requested that item 2A be removed from the Consent Calendar. Vice Mayor Waltonsmith noted that one page 16 Councilmember Bogosian's statement was incomplete, Councilmember Bogosian stated that during his agency assignment report on the Emergency Planning Council he requested that staff write a letter to the State asking that fixnds be distributed properly. WALTONSMITH/BOGOSIAN MOVED TO APPROVE COUNCIL MINUTES OF MAY 7.2003 AS AMENDED. MOTION PASSED 5-0. 2B. REVIEW OF CHECK REGISTER STAFF RECOMMENDATION: Approve check register. WALTONSMITH/KING MOVED TO APPROVE T$E CHECK REGISTER. MOTION PASSED S-0. LJ ~~ LJ 3 • 2C. PLANNING ACTION MINUTES -MAY 28, 2003 STAFF RECOMMENDATION: Note and file. WALTONSMITH/KING MOVED TO NOTE AND FILE PLANNING ACTION MINUTES. MOTION PASSED 5-0 2D. ADOPTION OF ORDINANCE. AMENDING ARTICLE 16 OF THE SARATOGA CITY CODE RELATING TO THE MAINTENANCE OF BUILDING SITES AND EXPII2ATION OF BUH,DING PERMITS STAFF RECOMMENDATION: Adopt ordinance. TITLE OF ORDIANCE: 219 ORDINACE AMENDING THE SARATOGA CITY CODR CONCERNING EXPIARION OF BUILDING PERMITS WALTONSMITH/KINGMQVED TO ADOPT ORDINCE AMENDING THE CITY CODE CONCERNING EXPIItATION OF BUILDING PERMITS. MOTION PASSED 5-0. 2E. RESOLUTION DECLARING BRUSH GROWING ON CERTAIN DESCRIBED PROPERTY TO BE A PUBLIC NUISANCE AND SETTING A PUBLIC HEARING STAFF RECOMMENDATION: Adopt resolution. TITLE OF RESOLTUION: 03-032 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA DECLARING BRUSH GROWING ON CERTAAN DESCRIBED PROPERTY TO BE A PUBLIC NUISANCE AND SETTING A PUBLIC HEARING WALTONSMITH/KING MOVED TO ADOPT RESOLUTION DECLARING BRUSH A NUISANCE AND SETTING APUBLIC HEARING. MOTION PASSED 5-0. 4 2F. HERITAGE ORCHARD WELL AND IRRIGATION PUMPING SYSTEM - ' AWARD OF CONSTRUCTION CONTRACT STAFF RECOMMENDATION: Declare Maggiora Brothers Drilling, Inc. to be the responsible bidder on the .project; award a construction contract for constructing Heritage Orchard well and irrigation pumping system to Maggiora Brothers Drilling, Inc. in the amount of $95,475.00; authorize staffto execute change orders to the contract up to$9,500. WALTONSMTIH/K1NG MOVED TO DECALRE MAGGIORA BROTHERS DRILLING, INC. TO BE THE LOWEST BIDDER; AWARD CONTRACT PASSED 5-0. 2G. ORTHORECTIFIED AERIAL PHOTOGRAPHS APPROVAL OF PURCHASE MOTION STAFF RECOMMENDATION: Approve the purchase of ortho-rectified digital aerial photographs and operating hardware; authorize the. City Manager to execute Amendment to the Cooperative Agreement. WALTONSMITH/KING MOVED TO APPROVE PURCAHSE OF ORTHO- RECTIFIED DIGITAL ARIERAL PHOTOGRAPHS AND OPERATING • HARDWARE AND AUTHORIZE EXECUTION OF AMENDMENT TO THE COOPERATIVE AGREEMENT. MOTION PASSED 5-0. PUBLIC HEARINGS SARATOGA SPEED ZONE STUDY STAFF RECOMMENDATION; Conduct public hearing and adopt ordinance. Morgan Kessler, City Engineer, presented staff report. Engineer Kessler stated that during the May 7, 2003 City Council meeting, staff presented Council with the results of the Saratoga Speed Zone Study, which was performed by Higgins Associates in 2002: Council directed staffto return with a Motor Vehicle Ordinance that would implement the recommended changes as presented in the Speed Zone Survey. Engineer Kessler reported that the recommendations of the Speed Zone Survey were presented to the Public Safety Commission early in 2002 for review, on which the recommendations were individually voted. All recommendations were accepted with the exception of the speed zones that resulted in an increase in speed. Engineer Kessler explained that because of concern Council local residents and the Public Safety Commission the City traffic Engineer was asked to visit the • neighborhoods where speed limit increases were recommended. Engineer Kessler pointed out that since last week's distribution of the staff report the Traffic Engineers has determined mitigating circumstances that provide justification to reject the recommendations of an increase in speed limit along the speed sections Allendale, Beaumont and Cox Avenue. Engineer Kessler stated that if Council chooses to approve the additional findings from the City's Traffic Engineer the Council could adopt them as an addendum. Engineer Kessler noted that Item #141isted in the May 4`h Council, which established a speed limit along Saratoga Avenue at 40 mph, already exist in the City's Ordinarice. Therefore, no change is needed to implement item #14. Councilmember Bogosian asked if the Council accepts the City's Traffic Engineer's findings could the Sheriff's office still write tickets with the current posted speed limits. Engineer Kessler responded yes, as long as the City accepts the Traffic Engineer's report. Councilmember King stated that along Saratoga Avenue and Prospect there is Saratoga High School and Foothill Elementary and asked what the speed limit along that segment was. • Engineer Kessler responded that the speed limit is 40 mph except when children are present; a couple of spots are actually 45 mph. City Attorney Taylor stated that his office wasn't aware of the schools on this segment of street when they drafted the ordinance, he advises that Council adopt the findings of the Traffic Engineer with an amendment stating the exception are school zones. Vice Mayor Waltonsmith asked Mr. Rashid to explain the mitigations he found. Sorab Rashid, Fehr & Peers/City Traffic Engineer, explained that on Beaumont and Allendale the residential density supports not increasing the speed limit and on Cox Avenue it is not recommend for an increase due to pedestrian safety and crosswalk. Mayor Streit opened the public hearing. William Rollinson, 13650 Beaumont Avenue, stated that his family pet was killed on Beaumont. Mr. Rollinson stated that he is against raising the speed limit on Beaumont Avenue. Mr. Rollinson noted that in the past he went to the Public Safety Commission to express his concern, but nothing ever happened. Mr. • Rollinson noted that he has four children that walk to school and requested that bike lanes and a stop sign be added on Beaumont Avenue. Mr. Rollinson noted that his neighborhood would support anything that would increase safety. Councilmember King asked if he has seen higher traffic in his neighborhood since the re-opening of Congress Springs Parka Mr. Rollinson responded yes and also noted that the. morning school traffic is also a problem. Mayor Streit closed the public hearing. Councilmember Bogosian stated that he supports the amended report and for the record stated that the key is enforcement and the City should make sure that we maintain the Sheriff's presence in Saratoga. Councilmember Bogosian stated that due to budget cuts one motorcycle deputy has been cut. WALTONSMITH/BOGOSIANMQVE TO WAIVE THE FIIiST READING CALEDAT FOR THE NEXT REGULAR COUNIL MEETING; STRIKE A, B. C FROM THE ORDINANCE AND THE EXCEPTION TO SPEED INCREASE ARE SCHOOL ZONES. MOTION PASSED 5-0. 4. LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT LLA-I PUBLIC HEARING -APPROVAL OF ENGINEER'S REPORT AND CONFII2MATION OF ASSESSMENTS FOR FY 2003-04 STAFF RECOMMENDATION: Adopt resolution. TITLE OF RESOLUTION: 03--033 A RESOLUTION ORDERING THE IMPROVEMENTS AND CONFIRMING THE DIAGRAM AND ASSESSMENT FISCAL YEAR 2003- 2004 CITY OF SARATOGA LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT LLA-1 John Cherbone, Public Works Director, presented staff report. Director Cherbone stated that the resolution before Council this evening was the final resolution, which requires adoption in order to complete the renewal of the Landscaping and Lighting Assessment District LLA-1 for FY 03-04. Director Cherbone stated that once adopted, the resolution approves the Engineer's Report and confirms the assessments for the upcoming fiscal year. Director Cherbone noted that all of the costs associated with the administration and operation of the Landscape and Lighting Assessment District were recovered via the assessments levied against the benefiting properties. Per City Council direction, indirect costs have been adjusted to reflect full cost recovery in the amount of $26,690. • . Mayor Streit opened the public hearing. No one requested to speak on this item. Mayor Streit closed the public hearing. BOGOSINA/KLINE MOVED TO ADOPT RESOLTION ORDERING THE IMPROVEMENTS AND CONFIRMING THE DIAGRAM AND MOTION PASSED 5-0. 5: FISCAL YEAR 2003-04 OPERATING BUDGET STAFF RECOMMENDATION: Adopt resolutions that Establishes the FY 2003-04 Appropriation Limit, Establishes Expenditure Appropriations, Approving the Operating Budget and Establishes the FY 2003-04 Schedule of Fees. TITLE OF RESOLUTION: 03- 034 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA ADOPTING THE OPERATING BUDGET • FOR FISCAL YEAR 2003-2004. TITLE OF RESOLUTION: 03- 035 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA ESTABLISHING A SCHEDULE OF FEES TITLE OF RESOLUTION: 03- 036 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA ESTABLISHING THE FISCAL YEAR 2003-04 APPROPRIATION LIMIT FOR THE CITY OF SARATOGA Jesse Baloca, Director of Administrative Services, presented staff report. Director Baloca stated that staff was requesting that Council adopt three resolutions this evening: • Establish the City's Appropriation Limit for FY 03-04 • Adopt the budget for FY 03-04 • Establish a schedule of fees Councilmember King asked where the funds were for business development. • Director Baloca stated that the budget was $123,000. Mayor Streit asked if it was part of the Economic Development budget. Director Baloca responded yes, Councilmember Kline asked if the $123,000 included salary. ' Director Baloca responded yes approximately $58,000 was for salary. • Mayor Streit stated that he used Director Baloca's power point presentation of the budget at a recent Rotary meeting and they were very impressed with his budgeting process. Mayor Streit commended Director Baloca. Director Baloca thanked the City's Directors and the Finance Commission for their help. Mayor Streit opened the public heazing. No one requested to speak on this item. Mayor Streit closed the public hearing. Councilmember Bogosian sated that he supports the proposed budget and noted hat it has not been an easy process. Councilmember Bogosian stated that the City has had to reduce law enforcement services by eliminating one motorcycle deputy and freezing one community service officer position. Councilmember Bogosian noted that he wanted the public to understand that these are the costs associated with the economic times we are in. Councilmember Bogosian asked how much a cost saving s was this to the City. Director Baloca statedthe reduction is about $180,000 and in addition to the elimination of one deputy, the Sheriff's Department opted for zero merit increase for next fiscal year. Mayor Streit noted that prior to 1998 the City only had two motorcycle deputies. In 1998 two were added, so the City is going down to three. Councilmember. Kline noted that he supports the proposed budget stating that. it is very conservative. Councilmember Kline noted that the City could reestablish the eliminated motorcycle deputy at any time. WALTONSMITH/KINGMQVED TO ADOPT RESOLTUIONS IN REGARDS TO THE FY 03-04 BUDGET. MOTION PASSED 5-0. Mayor Streit reopened Oral Communications. Mitch Cutler, 14480 Oak Place, provided a brief history of the problems he has been facing with his neighbors and all of the code violations they have filed against him. Mr. Cutler stated that he felt Director Tom Sullivan has been harassing him and has failed to his job. Mr. Cutler requested that Director Sullivan should be removed from his position immediately: Councilmember Bogosian asked what the City's procedure is in response to complaints. • City Attorney Taylor explained that the City responds to the urgency of the complaint, investigates it . Consensus of the City Council to direct the Mayor and City Manager to write a letter in response to Mr. Cutler's remarks. OLD BUSINESS 6. BLUE HILLS TRAFFIC IMPROVEMENT PLAN STAFF RECOMMENDATION: Accept Traffic Improvement Plan; Authorize expenditure of $2,700 for signs. Lorie Tinfow, Assistant City Manager, presented staff report. Assistant City Manager Tinfow explained that at the December 4, 2002 City Council meeting staff presented the Blue Hills Traffic Improvement Plan for the first time. At that time many neighbors and parents appeared and most spoke against at least part of the plan and complained of having no opportunity for input to the plan. At that meeting Council did approve construction of a bike path along Goleta .and funded a crossing guard at Knollwood for immediate implementation. The Council directed staff to hold an additional community input meeting to gain feedback from those affected and to have the Public Safety Commission review the input and revisit their initial recommendation. Once those actions were complete, staff was directed to bring back the plan to Council for • further consideration. Assistant City Manager Tinfow stated explained that the bike path has been completed and staff has been unable to arrange for a crossing guard for a number of reasons and seek additional direction. Assistant City Manager Tinfow explained that two community input meetings were held and all comments from those two meetings were forwarded to the Public Safety Commission for discussion at their March 13, 2003 meeting. The Public Safety Commission concluded their review and agreed to recommend a package that includes a memo, a revised hardscape map and a comparison table, a softscape narrative, an enforcement plan, and steps to measure success. Assistant City Manger Tinfow noted that the revised recommendations were developed using .all information and has. the support of school officials and most neighborhood residents and parents who attended the meetings. Vice Mayor Waltonsmith asked why staff could not find a crossing guard. Assistant City Manager Tinfow explained that staff discovered that the City pays half, $3,500, towards crossing guards at the other schools and the schools provide the guards. Neither Blue Hills School nor the City has a way to provide a crossing . guard. Staff is recommending Council approve $10,000 to contact with All City Management Services for crossing guard service for Blue Hills for school years 2003-04. i0 Councilmember King referred to the proposed "No Stopping Sign" on DeSanka, there is no stopping between the hours of 7:30 a.m. arid 8:30 p.m." and asked if the . Public Safety Commission is saying that it's unsafe during those hours then in the afternoon. Assistant City Manager Tinfow explained that everyone agreed that it was a safety concern and stated that the behavior of the pazents is different in the aRernoon; the traffic is less and there is less confusion. Mitch Kane, Chair/ Public Safety Commission, stated that he concurred with Assistant City Manger Tinfow that the behavior of the parents is different in the morning, there is a much higher density of traffic, traffic is going both north and south, and parents park on either side of the street that have no sidewalks. Mayor Streit stated that most of the schools that have addressed traffic problems in the past have implemented many mitigating procedures. Mayor Streit stated that he thinks the school site is too small and he does not see the school district coming up with a plan to reroute the traffic through their property and less on the streets of Saratoga. Mayor Streit stated that the solutions are not on the streets implementing red curbs, signs and restricting movements on the streets. Mayor Streit stated that the solutions are on the properties of the schools. Mayor Streit stated that most of the other districts have worked well with the City in joint ventures to solve traffic problems. Mayor Streit stated that he only sees a few softscape items, not any improvements to their facility to solve the problems. . Mayor Streit stated that the problems have not been solved and when this issues comes back before Council in December he would side with the neighborhood. Mayor Streit stated that the Council's goal is to protect the character of the neighborhood and if the school district isn't willing to make substantial improvements to their facility the City will solve the issues with the neighborhood. Mayor Streit stated that this is a bad plan. Chair Kane stated that the Public Safety Commission would agree with Mayor Streit that the other schools traffic improvements have worked well. Chair Kane stated that in this plan they attempted to really minimize the impact of the neighborhood. Unfortunately Blue Hills does not have onsite drop-off and pick-up areas. Vice Mayor Waltonsmith stated that Council received a letter from 7eanne Carter requesting signage on the pavement at DeSanka and at the end of Goleta and Seagull and suggested that a florescent green school sign be installed in the at area. Chair Kane stated that during the discussions of this plan, the existing infrastructure was discussed and staffwas going to work with the Public Works Department to update the pavement and install the new signs. C~ 11 Sorab Rashid, Fehr & Peers/City Traffic Engineer, stated that this plan is a compromised and noted that the softscape/hardscape can be adjusted in the future if patterns change. Engineer Rashid stated that he feels comfortable starting out with this plan. Jeanne Carter, 12688 Kinman Court, stated that she is a pazent with 4U' and 6'~' grader at Blue Hills School. Ms. Carter stated that the new plan is much more logical, but disagrees with the red zone on Goleta. Marcia Kerns, 20846 Meadow Oak Road, noted that she supports the current plan except for the red zone on Goleta Avenue. Marty Goldberg, 12325 Scully Avenue, noted that he has two boys at Blue Hills School. Mr. Goldberg noted that he objects to the "private" red zone on Goleta. Tom Soukup, 12340 Goleta Avenue, noted that he is the property owner that has the red zone in front of the house. Mr. Soukup noted that he supports the plan. In regards to the red zone, Mr. Soukup noted that he personally believes it is necessary because it is directly across from the one entrance into the schoolyazd. The foot traffic and cars congregate in this area and present dangerous situations. Katie Alexander, 12340 Goleta Avenue, stated that the school district really doesn't care about the neighborhood and the parents only complain about the parking and the inconvenience of having to walk a little bit further. The residents are the only ones concerned about the quality of life and safety of the neighborhood. Ms. Alexander stated that this school has the worst parking of all the schools in Saratoga. Mrs. Alexander stated that she agrees with Mayor Streit that the real solution is another parking lot at the school. Joan Greene, 12350 Goleta Avenue, noted that the School District has not taken the responsibility in regazds to the impact on the neighborhood. Ms. Greene stated that the parents, neighbors and the City Council should pressure the School Board to make adequate changes: John Klimek, 12235 Titus Avenue, noted that he supports the proposed traffic plan. Mr. Klimek stated he objects to the red zone on Goleta Avenue. Greg Burrows, 20802 Noranda Court, stated that he has two sons at Blue Hills School. Mr. Burrows thanked the Pubic Safety Commission's work. Mr. Burrows object to the red zone on Goleta Avenue. Lori Stafford; 19850 Kane Court, noted that she has two children at Blue Hills School. Ms. Stafford thanked everyone involved in this process. Ms. Stafford noted that she supports the plan. Ms Stafford noted that she agrees that another parking lot would help but with current State budget cuts she doesn't think it will happen in the near future. 12 Vice Mayor Waltonsmith noted that she knows that parking at Blue I-Tills is limited so the proposed plan is limited but it is the best we could do. Vice Mayor Waltonsmith noted that she supports the plan as is. Councilmember Kline noted that he would vote to support the plan. He will not be surprised if this issue is back in December of January. Councilmember Kline noted that the school is a bad design and it defiantly needs more pazking. Councilmember Kline noted that although he will support the $10,000 to pay for the crossing guazd he doesn't think that the City should have to pay for it with the current budget situation. Councilmember Kline noted that the City has to continue these discussions in the future with the school district to come up with solutions to solve some of the issues. Councilmember Bogosian noted that if the City had one school district instead of seven, we would not have these problems. Councilmember Bogosian noted he reluctantly would be supporting this plan. Councilmember Bogosian stated that the City should work to bring a unified school district to Saratoga. .Councilmember King noted that she supports the plan and supports the limited no parking in the morning on DeSanka but feels it should have been limited all day. In regards to the red zone on Goleta; Councilmember King noted that she supports It. Mayor Streit noted that the only time this plan is going to work is when a sheriff deputy is there. Mayor Streit stated that this plan isn't going to work and it will come back next. yeaz. The pazents need to get together wit the school district to come up with solution to the school sit itself. WALTONSMITH/MOVED TO ACCEPT TRAFFIC IMPROVED4ENT PLAN AND AUTHORIZE EXPENDITURE OF $2,700 FOR SIGNS. MOTION PASSED 5-0. WALTONSMITH/ KLINE FOR BLUE HILLS FOR SCHOOL YEARS 2003-04 AND AUTHORIZE fiHE MAYOR TO SENT A FORMAL LETTER TO THE BLUE HILLS SCHOOL BOARD EXPRESSING THE CITY'S DESIRE TO WORK WITH THE SCHOOL TO EXPLORE ADDITOANL PARKING ALTERNATIVES. MOTION PASSED 5-0 7. REDBERRY ANNEXATION DISCUSSION STAFF RECOMMENDATION: Discuss the annexation process John Livingston, Associate Planner, presented staff report. 13 Planner Livingstone explained that at the may 21, 2003 City Council meeting the City Council directed staff to take steps necessazy top proceed with annexation of four parcels of land on Redberry Drive adjoining the City limits. Planner Livingstone stated that the staff report describes the process and timeline for the. annexation. Planner Livingstone described the process stating that the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 provides that cities in Santa Clara County may proceed independently of LAFCO in processing annexation applications within the City's urban service area. The Act requires, however, that the City follow the procedures used by LAFCO to the extent practicable. The Act establishes athree-part process for annexations: 1) Initiation of Annexation 2) Protest Proceeding 3) Approval of Annexation. Planner Livingstone went onto explained each of the three steps.. Planner Livingstone stated that the estimated costs are approximately $21,000. Staff time is charged at a cost of $55:00 an hour to an applicant based on a deposit account. Wanda Kownacki, 19280 Bainter Avenue, noted that they received a continuance from the county during the design review level for a month and also leazned that at the design review hearing that the house they thought was about 7,000 square feet in size is actually over 8,300 square feet in size. Mrs. Kownacki noted that Mr. Kim Fennel has authorized removal of his property from the annexation process if it would help to facilitate process. Mrs. Kownacki stated that the neighbors would pay to hire a licensed surveyor. Consensuses of the City Council to drop the Fennel property and move ahead quickly with the other three properties on Redberry Drive; Director Sullivan to work with the neighbors to be fiscally responsible on both sides. 8. APPROVAL OF DESIGN PLANS FOR PLAYGROUND AND PARK 1MPROVEMENTS AT EL QUITO PARK STAFF RECOMMENDATION: Approve design plans. Cary Bloomquist, Administrative Analyst, presented staff report. Analyst Bloomquist stated that at the May 21, 2003 City Council meeting, Council directed staff to arrange a site visit at E1 Quito Park. and requested staff to place reduced drawings in their Council packet for review. The site visit was arranged for Friday May 30, 2003. Analyst Bloomquist stated that the drawings in the packet represent the final . design for El Quito park. The pazks and Recreation Commission, the task force and the attending members of the community, fully support this design. 14 Analyst Bloomquist stated that if approved, staff would go to bid for construction of this project in late summer. Demolition and replacement of the play equipment at this pazk will. be delayed until September 2003 because of summer. camps. • WALTONSMITT-I/K1NG MOVED TO ACCEPT DESIGN PLAN FOR EL QUITO PARK. MOTION PASSED 5-0. 9. SARATOGA LIBRARX PROJECT UPDATE STAFF RECOMMENDATION: Accept report. Lorie Tinfow, Assistant City Manager, presented staff report. Assistant City Manager Tinfow reported that following: • Budget Status - $14,731,151 - (total costs both committed and change requests) • Construction Schedule -Thompson Pacific continues to finish work. No new information at this time. Assistant City Manager Tinfow explained that there are still some odds and ins that have to be completed. We have not met all the commitments for substantial completion hoping it will happen by Friday. The. project hasn't passed the Fire Inspection, which is holding up the issuance of the Occupancy Permit. Assistant City Manager Tinfow explained that the Library Expansion Commission • unanimously passed a motion to request that if the library hasn't receive the Occupancy Permit by Friday, the Mayor Should write a letter to Thompson Pacific Councilmember Bogosian added that the computer cabling still hasn't been hooked up. Councilmember King asked if the library would open on June 9, 2003: Assistant City Manager Tinfow responded that she expects it to open a few days after June 9, 2003, but she would know more. on Friday.. Mayor Streit asked what. Gilbane thinks of the situation. Assistant City .Manager Tinfow explained that Dustin (the Project Manager) has stated that he is doing everything within his power to make Thompson perform to keep with the dates of completion. Councilmember Bogosian stated that Dustin is doing an admirable job. Consensus of the City Council to direct the Mayor to make an casual, informal phone call to Mr. Peter Thompson of Thompson Pacific and then, if the occupancy . permit is not issued by Friday, to direct the Mayor to send a letter to Mr. Thompson Mayor Streit thanked Assistant City Manager Tinfow for her update. 15 10. SANTA CLARA COUNTY LIBRARY JPA LEASE STAFF RECOMMENDATION: Review lease; provide direction; authorize City Manger to execute agreement. Lorie Tinfow, Assistant City Manager, presented staff report. Assistant City Manager Tinfow explained that in March 2003, staff asked Council for direction on a number of remaining lease terms. Assistant City Manager Tinfow explained the issues and final direction in regards to the lease as follows: Alterations, additions and maintenance -remains the same with the exclusion of the carpet. The Library may replace the carpet without City approval. Termination -this section is now consistent with Language in the Library JPA agreement. Term Length -the lease now expires in 30 years. City Council use of Community Room -any reference to City use of this room has been removed from the lease. Art W all Surface -Installation of acoustic panels on the "art wall" is proceeding. Art Policy -The Library will not be required to comply with the City's art policy... The Saratoga Librarian and the Art Commission will informally manage use of the art wall under a separate agreement. Exhibits will comply with the Library's Exhibit Policy. Arbitration instead of Direct Litigation -The Library counsel has requested that binding arbitration be implemented to resolve any differences between the City and the JPA. City Attorney and staff agree. WALTONSMITH/ KL1NE MOVED TO ACCEPT THE LEASE AND AUTHORIZE CITY MANGER TO EXECUTE LEASE. MOTION POASSED 5-0. 11. REQUEST FOR FINANCIAL SUPPORT FOR STUDENT FILM PRODUCTION. STAFF RECOMMENDATION: Consider providing financial or in-kind support. Lorie Tinfow, Assistant City Manager, presented staff report. Assistant City Manager Tinfow explained that at the May 21, 2003 City Council meeting Jonathan Judelson, who is a University of Southern California student and Saratoga resident, spoke under Oral Communications explaining that he would like • to shoot two scenes of his student film in the Village. Mr. Judelson requested that the Council waive the $500 motion film fee, financial contribution of $2000 or waive the Deputy's fee which is $67.00 per hour 16 Jonathan Judelson, 13785 Lexington Court, .reiterated his initial request and explained that the two scenes would only be approximately 45 seconds of total screen time of the finished film. The two scenes would be outside of Blue Rock and the other is taking place in front of the Corinthian Florist. • Councilmember Kline asked if this film was a school project. Mr. Judelson responded no it was not a school project, but it would go in his portfolio. Adam Judelson, 13785 Lexington Court, stated that he was Jonathan's brother and the film's publicist. Mr. Judelson went on to explain the positive experience this would have on his brother's future and how the Council could support the "Arts" by supporting his brother's film. Vice Mayor Waltonsmith noted that due to major budget problems the City has had to cut out one sheriff s position. Vice Mayor Waltonsmith noted that she has a problem giving money, but on the other side she has been trying to promote the arts. Vice Mayor Waltonsmith stated that if the Sazatoga Community Foundation was up and running this would be a place where the. City could advice Mr. Judelson to go for funds. Vice Mayor Waltonsmith stated that she has mixed feelings with getting involved in the arts because of the free expression. -Vice Mayor Waltonsmith stated that she does not support making a contribution. Councilmember Bogosian stated that prefers not to set a president on waiving City fees or making contributions. Councilmember Kline noted that the City already waives fees so this should not be an issue. Councilmember Kline stated that he doesn't support making a contribution but is willing to waive the film permit. . Councilmember King stated that she supports waiving the fee but agrees with Councilmember Kline and doesn't support making a contribution. Vie Mayor Waltonsmith noted that she could support waiving the fee. Mayor Streit stated that he supports waiving the $500 fee. KLINE/KING MOVED TO WAIVE THE $500 FILM PERMIT FEE. MOTION PASSED 4-1 WITH BOGOSIAN OPPOSED. 12. WILDLIFE CENTER OF SILICON VALLEY STAFF RECOMMENDATION: Additional $352.52 to the wildlife center Lorie Tinfow, Assistant City Manager, presented staff report. Assistant City Manager Tinfow explained that starting in 2002, funding for the • Wildlife Center was added to the scope of the Silicon Valley Animal Control authority. In 2003, the Wildlife Center requested an increase in the contribution 17 made by the JPA. Because o budget issues each City faced, the JPA Board chose not to fund the requested increase. . Assistant City Manager Tinfow explained that in March, each City received a letter requesting additional funds directly. The Wildlife Center is requesting that the City Council allocate an additional $352.52. BOGOSIAN/KLINE MOVED TO AUTHORIZE AN ADDITIONAL $352.52 TO THE WILDLIFE CENTER OF SILICON VALLEX. MOTION PASSED 3-2 WITH WALTONSMITH AND STREIT OPPOSED. 13. CITY-WIDE SIGNAL UPGRADE PROJECT (FEDERAL PROJECT ID CML-5332 (005)) -AWARD OF CONSTRUCTION CONTRACT STAFF RECOMMENDATION: Declare Republic Electric the lowest bidder; award construction contract in the amount of $441,000; authorize City Manager to execute contract; authorize staff to execute change orders up to $44,000. Morgan Kessler, City Engineer, presented staff report. Engineer Kessler explained that sealed bids for the City-wide Signal Upgrade project were opened on may 23, 2003. Republic electric of Novato submitted that sole bid of $441,000.00, which was 2% below the Engineer's Estimate of $450,000.00. Staff has carefully checked the bid along with the listed references • and has determined that the bid is responsive to the Notice of Inviting Bids. Engineer Kessler stated that the majority of funding for this project would be provided through a Federal Highway Administrative award, with a matching State Transportation Improvement Program (STIP) award, and City funding. Engineer Kessler noted that the scope of work includes all materials, equipment, and labor to upgrade the traffic signal controllers throughout the City to NTCIP compliance to prepare them for future "smart corridor" coordination with the County. In addition, the traffic controllers will receive new software, and will be interconnected via wireless technology where current interconnectior. is made via underground. Engineer Kessler stated that staff recommends that Council declare Republic Eclectic to be the. lowest responsible bidder on the project, and award a construction contract to this firm in the amount of their bid.. It is also recommend that Council authorize. staff to execute change orders up to an amount of $44,000: WALTONSMITH/ BOGOSIANMOVED TO DECLARE REPUBLIC ELECTRIC THE LOWEST BIDDER; AWARD CONSTRUCTION CONTRACT IN THE AMOUNT OF $441,000; AUTHORIZE CITY MANAGER TO EXECUTE CONTRACT; AUTHORIZE STAFF TO EXECUTE CHANGE ORDERS UP TO $44,000. MOTION PASSED 5-0. 18 COMMISSION ASSIGNMENT REPORTS None CITY COUNCIL ITEMS None. OTHER None CITY MANAGER'S REPORT None ADJOURNMENT There be no furtherbusiness Mayor Streit adjourned the meeting at 11:00 p.m. Respectfully submitted, Cathleen Boyer, CMC City Clerk • C~ 19 SARATOGA CITY COUNCIL MEETING DATE: July 16, 2003 AGENDA ITEM: ORIGINATING DEPT: Administrative Services CITY MANAGER: PREPARED BY: Jaye Tkac /~~ DEPT HEA ~- SUBJECT: Check Register: 6/27/03 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. Fund# Fund Name Date Manual Void- Total 612712003 Checks Checks AP CHECKS A93131-93342 1 GENERAL 74, 592.60 (9 25.00) 100 COPS-SLESF 110 Traffic Safety 150 Streets & Roads 35,913.97 160 Transit Dev 170 Hillside Repair 180 LLA Districts 10,304.48 0 250 Dev Services 21,476.67 260 Environmental 297.76 2,000.00 e 270 Housing & Comm 3,850.00 3 290 Recreation 35,886.41 (74.00) 5; 291 Teen Services 2,240.96. 292 Facility Ops 2,314.50 293 Theatre Surcharge 300 State Park 310 Park Develpmt 320 Library Expansion 311,713.71 3 , 351 Public Safety 8,626.90 ~~6,~ 352 Infrastructure 42,851.09 ~ 28? 353 Facility 6,685,00 354 Park and Trail 14,978.31 400 Library Debt 410 Civic Cntr COP 420 Leonard Creek 261.30 4 700 Quarry Creek 710 Heritage Prsvn 720 Cable TV 10,000.00 _ I 730 PD #2 740 PD #3 305.26. 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P U ~ U SARATOGA CITY COUNCIL MEETING DATE: July 16, 2003 AGENDA ITEM: ~' DEPT: Community Development CITY MANAGER: PREPARED BY: Kristin Borel DEPT HEAD: SUBJECT: Planning Commission Actions, July 9, 2003 RECOMMENDED ACTION(S): Note and file. REPORT SUMMARY: Attached are the Planning Commission Action Minutes of July 9, 2003 FISCAL IMPACTS: N/A .CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): N/A ALTERNATIVE ACTION(S): N/A FOLLOW UP ACTION(S): N/A ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: Action Minutes -Saratoga Planning Commission CITY. OF SARATOGA PLANNING COMMISSION ACTION MINUTES DATE: Wednesday, July 9, 2003 - 7:00 p.m. PLACE: Council Chambers/Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA TYPE: Regulaz Meeting ROLL CALL: Commissioners Cynthia Barry, Mohammad Garakani, Susie Nagpal, Michael Schallop, Mike Uhl, Ruchi Zutshi and Chair Jill Hunter ABSENT: None STAFF: Planner Vasudevan, Director Sullivan and Minutes Clerk Shinn PLEDGE OF ALLEGIANCE MINUTES Draft Minutes from Regular Planning Commission Meeting of June 25, 2003. (APPROVED 6-0-1 HUNTER ABSTAINED) ORAL COMMUNICATIONS -Any member of the Public will be allowed to address the Planning Commission for up to three minutes on matters not on this agenda The law generally prohibits the Planning Commission from ducussing or taking action on such items. However; the PlanningCommissionmay instructstaffaccordingly regardingOral Communications underPlanningCommissiondirection toStaff. REPORT OF POSTING AGENDA Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on July 3, 2003. -REPORTOF APPEAL RIGHTS If you wish to appeal any decision on this Agenda, you may file an "Appeal Application" with the City Clerk within fifteen (15) calendar days of the date of the decision, pursuant to Municipal Code 15.90.050 (b). CONSENT CALENDAR - None PUBLIC HEARINGS All interested persons may appeaz and be heard at the above time and place. If you challenge a decision of the Planning Commission pursuant to a public hearing in court; you may be limited to raising only those issues you or someone else raised at the public hearing(s) described in this agenda, or in written correspondence delivered to the Saratoga Planning Commission at, or prior to, the public hearing. In order to be included in the Planning Commission's information packets, written communication should be filed on or before the Monday, a week before the meeting. 1. APPLICATION #03-040 (APN 503-53-030) - TRAN,13622 Saraview Drive; -Continued from 5/28!03 Public Hearing. Request for Design Review approval to construct a new single story home that will have a maximum height of 21 feet - 5 inches. The total floor area of the new home with an attached 3-car garage will be 4,515 square feet. The lot is 20,515 square feet and is located in the R-1- 40,000 zoning district. (LATH VASUDEVAN) (APPROVED 7-0) 2. APPLICATION #03-019 (503-82-027 and 028) - SHARMA, 13095 Paramount Court; - Request Design Review Approval to construct a new one-story 6,141 square foot house with a 2,081 basement on a vacant lot. The gross lot size is 47,288 square feet and zoned R-1-40,000, The maximum height of .the residence will be approximately 23 ~/z feet. (JOHN LMNGSTONE) (APPROVED TO CONTINUE 7-0 TO JULY 23, 2003) 3. APPLICATION #03-140 (403-27-030) -Appellant CORSON, Site .Location - 18372 Swarthmore Drive; -Appeal of an Administrative Decision to issue a Tree Removal Permit at 18372 to remove a large Redwood tree. The tree in question is a 161-inch, mature Redwood and is located next to the driveway. (THOMAS SuLI_IVAN) (Appellant has requested this item be continued toJuly23, 2003) (APPROVED TO CONTINUE 7-0 TO JULY 23, 2003) DIRECTORS ITEM - None COMMISSION ITEMS - None COMMUNICATIONS . WRITTEN - City Council Minutes from Regular Meetings on May 21, 2003 ADJOURNMENT AT 7:40 PM TO THE NEXT MEETING - Wednesday, July 23, 2003, at 7:00 p:m. in the Council Chambers/Civic Theater 13777 Fruitvale Avenue, Saratoga, CA IE you would like to receive the Agenda's via a-mail, please send your e-mall address to plannin¢@sarato¢a.ca.us SARATOGA CITY COUNCIL ~~ MEETING DATE: July 16, 2003 .AGENDA ITEM: ORIGINATING DEPT: Ci er CITY MANAGER: ~~G~--~--~ PREPARED BY: DEPT HEAD: Cathleen Bover. Citv Clerk SUBJECT: Commission Attendance Records RECOMMENDED ACTION: Informational only. REPORT SUMMARY: Attendance reports for all Commissions are submitted semi annually for periods January 1 through June 30 and July 1 through December 3 L FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: N/A ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENT: Attachment A -Commission Attendance Records 01/03-06/03 Arts Commission Attendance Record-Regular and Special Meetings January -June 2003 January 13, 2003-Regular Meeting Present: Mary Ann Henderson, Lee Murray, Betty Peck, Mary Lou Taylor, Sylvia Wohlmut Absent: Lisa Pontier de Mattei, Tracy Halgren January28, 2003-Special Meeting Present: Tracy Halgren, Mary Ann Henderson, Lee Murray, Betty Peck, Lisa Pontier de Mattei, Mary Lou Taylor, Sylvia Wohlmut Absent: None February 3, 2003-Special Meeting Present: Tracy Halgren, Mary Ann Henderson, Lee Murray, Betty Peck, Lisa Pontier de Mattei, Mary Lou Taylor, Sylvia Wohlmut Absent: None February 10, 2003-Regular Meeting Present; Tracy Halgren, Mary Ann Henderson, Lee Murray, Betty Peck, Lisa Pontier de Mattei, Mary Lou Taylor, Sylvia Wohlmut Absent: None March 10, 2003-Regular Meeting Present: Tracy Halgren, Mary Ann Henderson, Lee Murray, Betty Peck, Lisa Pontier de Mattei, Sylvia Wohlmut Absent: Mary Lou Taylor March 24, 2003-Special Meeting Present: Tracy Halgren, Mary Ann Henderson, Lee Murray, Lisa Pontier de Mattei, Mary Lou Taylor, Sylvia Wohlmut Absent: Betty Peck April 14, 2003-Regular Meeting Present: Tracy Halgren, Mary Ann Henderson, Lee Murray, Betty Peck, Lisa Pontier de Mattei, Mary Lou Taylor, Sylvia Wohlmut Absent: None City Manager's Office 13777 Fruitvale Ave. Saratoga, CA 945050 Tel: 408/868-1215 fax: 408/868-8559 Memo To: City Clerk From: Lorie Tinfo~~~(, Date: 6/25/03 Re: Citizen's Oversight Committee Meeting Absences For the period January 2003 through June 2003, we have met monthly with • the exception of May. The following represents the record of absence for the committee members during that time: Norman Siegler: 1 Susan Calderon: 0 Alan King:. 0 Don Johnson: 0 Katie Alexander: 0 Thanks. • ~. Apri118, 2003-Special Meeting • Present: Tracy Halgren, Mary Ann Henderson, Lee Murray, Betty Peck, Lisa Pontier de Mattei, Mary Lou Taylor; Sylvia Wohlmut Absent: None May 12, 2003-Regular Meeting Present: Tracy Halgren, Mary Ann Henderson, Lee Murray, Betty Peck, Mary Lou Taylor, Sylvia Wohlmut Absent: Lisa Pontier de Maffei May 17, 2003-Special Meeting Present: Tracy Halgren, Mary Ann Henderson, Betty Peck, Lisa Pontier de Maffei, Mary Lou Taylor Absent: Lee Murray, Sylvia Wohlmut May 19, 2003-Special Meeting Present: Mary Ann Henderson, Betty Peck, Lisa Pontier de Mattei, Mary Lou Taylor Absent: Tracy Halgren, Lee Murray, Sylvia Wohlmut June 9, 2003-Regular Meeting Present: Tracy Halgren, Mary Ann Henderson, Lee Murray, Betty Peck, Mary Lou Taylor • Absent: Lisa Pontier de Mattei C~ Saratoga Finance Commission Meeting Attendance Record January 2003 -June 2003 Meetings held: Jan 13, 2003 Feb 18; 2003 Mar 17, 2003 April 26, 2003 May 5, 2003 May 19, 2003 Jun 16, 2003 Commissioner Hughes Commissioner Allen Commissioner Garbe Commissioner Narain Commissioner Ochi Commissioner Swan . Commissioner Tennant 5 of 7 6of7 6of7 5 of 6 (ori roll call began 2/18/03) 5 of 7 5 of 7 6of7 • COMMISSION MEETING ATTENDANCE RECORD Date: June 27, 2003 Commission: Library, Period Covered:. January- June 2003 Number of Scheduled Meetings: 5 Regular Meetings 1 Joint Meeting (not included) Commissioner Number of Absences Chair Manzo 1 Chandra 1 Cross 0 Foscato 0 Gipstein 1 Grover 1 Johnson 1 Submitted by: ,_~~`"-~_ ate. CJL2-.- ^ ~~ % Lori Burns Staff Liaison to Library Commission • C~ City Manager's Office 13777 Fruitvale Ave. Saratoga, CA 945050 Tel: 408/868-1215 fax: 408/868-8559 Memo To: City Clerk ~ ~ ~ ~ \ From: Lorie Tinfo~~ ~7~, ~U W Date: 6/25/03 ~ _ J Re: Library Expansion Committee Meeting Absence, For the period January 2003 through June 2003, we have met monthly with • the exception of February and scheduled additional site tours for the alternating months. The following represents the record of absence for the committee members at regular meetings during that time: Marcia Manzo: 0 Bill McDonnal: 0 Stan Bogosiani 2 Dave Anderson: 5 Ruchi Zutshi: 2 Melinda Cervantes: 1 Mary Jeanne Fenn: 1 Ruth Gipstein: i Jack Grantham: 1 Willys Peck: 0 Edward Sessler: 3 Fran Andreson: 0 Dolly Barnes: 0 Thanks. r1 l.J 1 Parks & Recreation Commission Attendance Record January 1, 2003-June 30, 2003 Commissioner: Meetings Attended: Clabeaux, Elaine 6 of 8 Deimler, Logan 8 of 8 Dodge, Sandra 7 of 8 Frazier, Angela 8 of 8 Fronczak, Norbert 8 of 8 Gates, Greg 8 of 8 Seroff, Nick 7 of 8 • COMMISSION MEETING ATTENDANCE RECORD Date: June 26, 2003 Commission: Planning Commission Period Covered: January 2003 -June 2003 Number of Scheduled Meetings: 12 Regular Meetings Number of Special Meetings 1 Special Meeting Commissioner Barry, Cynthia Garakani, Mohammad Hunter, Jill Zutshi, Rutchi Term Started A~ri12003 Nagpal, Susie Schallop, Michael Uhl, Mike Term Ended Apri12003 Jackman, Erna Kurasch, Lisa Roupe, George Number of Absences 5 0 3 3 Date 1/8, 2/12,. 2/26, 3/12, 4/23 0 1 1 0 1 2 4/9, 6/11, 6/25 1/22, 5/28, 6/11 4/23 5/14 2/12 1/8,3/12 ~ ~~ Submitted by: Thomas Sullivan, AICP Secretary to the Planning Commission City Manager's Office 13777 Fruitvale Ave. Sazatoga, CA 945050 Tel: 408/868-1215 fax: 408/868-8559 Memo To: City Clerk From: Danielle Surdi Date:. 6/25/03 Re: Public Safety Commission Meeting Absences For the period January 2003 through June 2003, he Commission has met monthly. The following represents the record of absence .for Commission members during that time: Fran Andreson: 2 Brigitte Ballingall: 1 Mitch Kane: 0 Ronny Santana: 4 Tom Edel: 2 Isabelle Tennenbaum: 1 Jim Schindler: 2 Thanks. C~ r~ U COMMISSION MEETING ATTENDANCE RECORD Date: 30 June 2003 Commission: Youth Period Covered: 7anuary 2003- June 2003 Number of Scheduled Meetings: 6 Commissioner Number of Absences Baker 0 Ballingall 2 Burke 0 Byrne 0 Farnum 2 Jayakumar 1 Lee 1 Levin 0 Luskey 1 Maltiel 0 Miller 2 Schwartz 0 Sclavos 0 Skelly 0 Wu 0 Respectfully submitted by: G1 ~ ~ Ta Lowery Recreation Program Coordinator. SARATOGA CITY. COUNCIL EXECUTIVE SUMMARY NO. MEETING DATE: July 16, 2003 AGENDA ITEM CITY MANAGER: ~/-/ ORIGINATING DEPT: City Attorney PREPARED BY: Richard Taylor SUBJECT: Acceptance of Saratoga Fire Protection District Use Restriction Agreement, Restriction On, Transfer Of Ownership And Grant Of Easement For Public Parking. RECOMMENDED ACTION: Authorize Mayor to sign Saratoga Fire Protection District Use.Restriction Agreement, Restriction On Transfer Of Ownership And Grant Of Easement For Public Parking. REPORT: The attached Use Restriction Agreement, Restriction On Transfer Of Ownership And Grant Of Easement For Public Parking from the Saratoga Fire Protection District has been prepared to satisfy in part the requirements of (1) the use permit approved by the City Council on November 6, 2002 for construction of a new fire station at the intersection of Saratoga Avenue and Saratoga-Los Gatos Road; and (2) the agreement to exchange the site of memorial arch for 10 public parking spaces and certain bicycle and pedestrian easements on the Fire District property. The applicable use permit conditions are as follows: 9. The District shall retain ownership of all lands at 20473 Saratoga-Los Gatos Road (APN 397-22-019, 015, 042, .012) in order to satisfy all parking requirements for the temporary and permanent ftre stations or, if a portion of said lands are to be sold, shall secure a recorded easement or other interest running with the land granting the owner of the land at 14380 Saratoga Avenue (APN 397-22-019) permanent access to six parking spaces on property accessible from the alley between the Federated Church property and the Post Office property. If the off site parking is at a location not shown on the approved plans, the Applicant shall ftle revised plans showing the new location of the parking for approval by the Community Development Director. The attached agreement implements this requirement by (1) providing in section 2 that the District will not sell or otherwise allow a change in ownership of any of the parking parcels except in conjunction with a sale or other change in ownership of the pazcel on which the new fire station is located and (2) requiring the District in section 3 to enter an easement agreement with the Federated Church assuring the District continued use of at least 6 parking spaces on church property accessible from the alley or District property if the District sells a portion of the pazking property to the Church. A copy of the easement agreement contemplated by the Church and the District for this purpose is also attached for your information. 21. Prior to issuance ofa buildingpermit the applicant shall provide the City ofSaratoga with a covenant applicable to the Fire District parcels to assure the required number of parking spaces will be provided for the proposed project and ensure continued compliance with the applicable. site coverage requirements. The attached agreement implements this requirement by providing in section 1 that the property must be developed in accordance with the City's approved parking and circulation plan for the property and by providing in section 2 that the District will not sell or otherwise allow a change in ownership of any of the parking parcels except in conjunction with a sale or other change in ownership of the parcel on which the new fire station is located. 33. The parking and circulation system for the project shall be constructed as shown on the approved plans for the either the option where the property is transferred to the. Federated Church or the option illustrating the property as being maintained by the Fire District. The applicant shall record a notice of the applicability of the use permit and this requirement to the subject property in the office of the Santa Clara County recorder prior to issuance of a grading permit. The gate shown on the approved plans as being on APN 397-22-012 immediately adjoining Saratoga-Los Gatos Road shall be relocated to the opposite side of the parcel to immediately adjoin APN 397-22-044. The gate shall be an automatic gate. The attached agreement implements this requirement by providing in section 1 that the property must be developed in accordance with the Ciry's approved parking and circulation plan for the property. The exhibits to the agreement are currently being prepared by the City Surveyor. The attached agreement also. grants the City a permanent easement for access to and exclusive use and control of l0 public parking spaces including the right to subject those spaces to any parking regulations or restrictions that the City deems appropriate. 2 n LJ The agreement makes the City responsible for maintenance of its spaces and provides that the City and District may jointly maintain the spaces together with spaces controlled by the District with each party bearing. its share of the maintenance costs based on the proportionate square footage of the area being maintained. The parking easement is offered in partial satisfaction of the requirements of the transfer agreement for the Heritage Plaza property. That agreement also requires the Fire District to dedicate to the City bicycle and pedestrian easements along the frontage of the new fire station. This dedication will be made as part of the lot line adjustment to be recorded for the properties. Condition 10 of the use permit requires that the transfer of the Heritage Plaza property be completed prior to issuance of a building permit for the new fire station. FISCAL IMPACTS: None. ADVERTISING, NOTICING AND PUBLIC CONTACT: Notice for this meeting. ATTACHMENTS: 1. Use Restriction Agreement, Restriction On Transfer Of Ownership And Grant Of Easement For Public Parking 2, Easement Agreement For Use of Parking Spaces C~ RECORDING REQUESTED BY~ CITY OF SARATOGA AFTER RECORDATION RETURN TO~ CITY OF SARATOGA Attn Planning Director 13777 Fruitvale Avenue Saratoga, CA 95070 USE RESTRICTION AGREEMENT, RESTRICTION ON TRANSFER OF OWNERSHIP AND GRANT OF EASEMENT FOR PUBLIC PARKING THIS AGREEMENT, dated .2003, by and between THE CITY OF SARATOGA, a municipal corporation ('City"), and the SARATOGA FIRE PROTECTION DISTRICT, a public agency ("District") concerning Assessor's Parcel Numbers 397.22-019, 397.22-012, 397-22-015, 397.22.019 and 397-22.042 is made with reference to the following facts L A. District is the owner of certain property located at 14380 Saratoga Avenue, in . the City of Saratoga, County of Santa Clara, State of California, identified as Assessor's Parcel Number ("APN") 397.22.019, and more particularly described in Exhibit A attached hereto and made a part hereof ("the Fire Station Parcel"). B. District is also the owner of certain property located at 20473 Saratoga-Los Gatos Road, in the City of Saratoga, County of Santa Clara, State of California, identified as APN 397.22-012, APN 397.22.015, and APN 397-22.042, and more particularly described in Exhibit B attached hereto and made a part hereof (collectively,. "the Contempo Parcel"). C. City has granted to District a Conditional Use Permit, Design Review. Approval, and Lot Line Adjustment Approval for the construction of a new fire station on the Fire Station .Parcel with parking facilities to be constructed on the Contempo Parcel ("the Project"), in accordance with the terms and conditions set. forth in Resolution No. 02- 091, adopted by the Saratoga City Council on November 6, 2002 ("the Approval Resolution"). D. Pursuant to the Lot Line Adjustment Approval, the lot line between APN 397-22-042 and APN 397.22.012 will be relocated to accommodate the traffic circulation and parking requirements for the Project. It is the intention of District to sell the reconfigured APN 397.22.012 to the Saratoga Federated Church ("the Church"). E. The Conditional Use Permit granted by City restricts District's use of the • Contempo Parcel to parking purposes and requires the Contempo Parcel to be developed in accordance with the parking and circulation plan for the Project, as approved by City and 1- shown on the drawing attached hereto as Exhibit C and made a part hereof. Condition Number 33 of the Approval Resolution further requires District to record a notice of this restriction on use of the Contempo Parcel, including that portion of the Contempo Parcel being purchased by the Church.. This Agreement is intended to serve as such notice and shall also constitute the covenant required by Condition Number 21 of the Approval Resolution to assure that the required number of parking spaces will be provided for the Project. F. Concurrent with the adoption of the Approval Resolution, the Saratoga City Council adopted Resolution No. 02.079, authorizing a conveyance to District of City-owned land commonly referred to as the Heritage Plaza, in exchange for the granting by District of various easements to City for public use, including an easement for public parking in ten (10) of the spaces to be located on APN 397-22.042. This Agreement is intended to satisfy that parking easement requirement. NOW, THEREFORE, it is agreed as follows Use Restriction. APN 397.22.012, APN 397-22.015, APN 397-22.019 and APN 397.22.042 shall be developed in accordance with the parking and circulation plan shown on the drawing. attached hereto as Exhibit C, and shall be used only for parking purposes and for no other . purpose, unless authorized by City through an amendment to the conditional use permit granted by the Approval Resolution. This use restriction shall be expressly set forth in any deed by the District conveying legal title to APN 397.22-012 to the Church. Restriction on Transfer of Ownership. District acknowledges that APN 397.22-015, APN 397.22.019 and APN 397.22-042 (as reconfigured by the lot line adjustment) constitute an integral part of the Project, being the property on which the parking spaces required for the Project will be located. The Approval Resolution was adopted based upon the understanding and agreement by District that such parcels and the Fire Station Parcel shall always remain under common ownership. To assure. the continued availability of APN 397-22.015, APN 397-22-019 and APN 397-22-042 to provide parking spaces for the Project in compliance with Condition No. 9 of the Approval Resolution and to comply with the applicable site coverage requirements in Condition No. 21, District hereby covenants and agrees that no sale, transfer, conveyance or other change of ownership of APN 397.22-015, APN 397.22-019 or APN 397.22-042 shall be made, except where (i) ownership of the Fire Station Parcel is being transferred and the conveyance is to the same transferee or (ii) the conveyance is made with the prior written consent of City. District further agrees that ownership of the Fire Station Parcel shall not be transferred unless the transferee also acquires ownership of APN 397-22.015, APN 397• 22.019 and APN 397.22-042. 3. Offsite Parking. . To compensate for the loss of parking area resulting from the sale of APN 397.22- . 012 to the Church, and in accordance with the requirement set forth in Condition No. 9 of the Approval Resolution, District has entered into an Easement Agreement with the 2- Church granting exclusive use by District of six (6) parking spaces on property owned or • leased by the Church. The Easement Agreement shall be recorded as an encumbrance against APN 397.22.012 and shall constitute a covenant running with the land. District shall not cancel or terminate such Easement Agreement or reduce the number of parking spaces to be provided thereunder without prior written approval by City. 4. .Grant of Easement for Public Parking. (a) In accordance with the provisions of Resolution No. 02.079, District hereby grants to City and City hereby accepts a permanent easement for the use and benefit of the public, for the purpose of unrestricted access to the parking facilities constructed on APN 397-22.015, APN 397.22.019 and APN 397.22.042; and use of the ten (10) parking spaces delineated on Exhibit C, which shall be designated. as public parking (the "Public Spaces"). City shall have exclusive use and control over the Public Spaces .including the right to subject the same to any parking regulations or restrictions City deems appropriate. (b) City shall install and maintain, at its own expense, signs and/or pavement markings identifying the Public Spaces as available for use by the general public and giving notice of any parking restrictions applicable thereto that may be established by City. District shall be responsible for the installation and maintenance of signs and/or pavement markings indicating that all of the remaining parking spaces. on District's property are reserved for District's exclusive use and no public parking in such spaces is allowed. (c) City shall keep and maintain the Public Spaces in good condition and repair. . District shall maintain the landscaping and lighting fixtures adjacent to the Public Spaces but shall have no responsibility to maintain, repair, or resurface the pavement or striping for the Public Spaces. However, if the parties mutually determine that maintenance, repair or resurfacing is required for both the Public Spaces and the remaining spaces used by District, the cost of such work shall be allocated between the parties based upon the square footage the City's Public Spaces and the District's remaining spaces in which the work is being performed. 5. Miscellaneous Provisions. (a) Successors and Assigns. The restrictions on use and transfer of ownership; the obligation to maintain a parking easement on APN 397.22.012, and the grant of easement for public parking contained in this Agreement shall constitute covenants running with the land and shall bind, benefit, and burden each of the parties' respective successors and assigns. (b) Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes and cancels all prior agreements and understandings, whether written or verbal. In the event of any conflict or inconsistency between the terms of this Agreement and the provisions of the Approval Resolution or Resolution No. 02.079, the provisions of the applicable Resolution shall be controlling. (c) Amendments. This Agreement may only be amended by a written • amendment duly approved by resolution of the governing body of City and District. .3. (d) Effective Date. This Agreement shall become effective immediately upon execution by both parties. (e) Notices. Any notice notice which District or City desires to give to eackother relating to this Agreement shall be given in writing by such party to the other party and maybe personally served, or sent by express mail or deposited in the United States Mail as certified mail, return receipt requested, postage prepaid, addressed to the other party at the following address DISTRICT CITY Fire Chief City Clerk Saratoga Fire Protection District City of Saratoga 14380 Saratoga Avenue 13777 Fruitvale Avenue Saratoga, CA 95070 Saratoga, CA 95070 r_1 LJ • Any notices will be deemed effective on the date personally served or when actually received. District and City may change their respective addresses for receipt o£ notices hereunder, or reasonably add, delete, modify third parties to whom duplicate copies of such notices should be provided, by written notice to other parties as provided herein. (f) Applicable Law. This Agreement is entered into in the State of California and shall be construed and interpreted in accordance with the laws of said state. Paragraph headings and captions contained herein are for convenience of reference only and are not to be used in the interpretation of this Agreement. Venue in any action to enforce this agreement shall be in Santa Clara: County. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written. APPROVED AS TO FORM City Attorney CITY THE CITY OF SARATOGA, a municipal corporation By~ Mayor Attest City Clerk -4- DISTRICT • THE SARATOGA FIRE PROTECTION DISTRICT, a public agency By~ Chairman, Board of Fire Commissioners Attest District Secretary APPROVED AS TO FORM District Counsel Exhibits Exhibit A - Property Description of Fire Station Parcel Exhibit B - Property Description of Contempo Parcel Exhibit C - Parking and Circulation Plan • 5• STATE OF CALIFORNIA COUNTY OF SANTA CLARA 2003. before me, the undersigned Notary Public, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. On this day of WITNESS my hand and official seal. Signature STATE OF CALIFORNIA ) ss. COUNTY OF SANTA CLARA ) On this day of .2003. before me, the undersigned Notary Public, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal. Signature ss. •6- RECORDING REQUESTED BY~ SARATOGA FIRE DISTRICT AFTER RECORDATION MAIL TO~ Saratoga Fire Protection District c/o Harold S. Toppel Atkinson-Farasyn P.O. Box 279 Mountain View, CA 94042 EASEMENT AGREEMENT For Use of Parking Spaces THIS EASEMENT AGREEMENT, effective as of between the SARATOGA FEDERATED CHURCH, a nonprofit corporation ("the Church") and the SARATOGA FIRE PROTECTION DISTRICT, a public agency ("the District"), is made with reference to the following facts A. Concurrent with the execution of this Agreement, the District has sold and conveyed to the Church certain real property located in the City of Saratoga, County of Santa Clara, State of California, identified as Assessor's Parcel Number 397.22-012 and more particularly described in Exhibit "A" attached hereto and made a part hereof (the "Property") B. The Property was conveyed to the Church subject to the terms of a conditional use permit granted by the City of Saratoga ("the City") to the District, as set forth in Resolution No. 02.091 adopted by the Saratoga City Council on November 6, 2002 ("the Use Permit"). The Property is also subject to the terms of a Use Restriction Agreement between the District and the City, dated .2003, and recorded on :2003 (the "Use Restriction Agreement"), said Agreement having been executed and recorded in order to comply with the conditions of the Use Permit. C. The Use Permit and the Use Restriction Agreement require that the Property be used only as a parking lot and for no other purpose without prior approval by the City. D. As part of the sale transaction between the Church and the District relating to the Property, and to enable the District to comply with the parking requirements contained in the Use Permit, the Church has agreed to grant the District an easement for use of six (6) parking spaces located on property owned or leased by the Church. NOW, THEREFORE, the parties agree as follows 1. The Church hereby grants to the District, for use by its officers, officials, • employees, agents, and invitees, an exclusive easement to enter upon and use for parking purposes the six (6) parking spaces located adjacent to the Church's business office at 14370 Rev,7/1/03 '1- Saratoga Avenue; as shown on the drawing attached hereto as Exhibit "B" and-made a part hereof. Such parking spaces are included as part of the premises leased by the Church for its business office. If the lease covering .the parking spaces shown on Exhibit "B" is terminated for any reason, the Church shall allocate six (6) replacement parking spaces elsewhere for the District's exclusive use. The replacement parking spaces may be allocated on the Property or within other parking facilities owned or leased by the Church in a location accessible from the Property or the alley. between APN 397-22-044 and APN 397-22-023 as mutually agreed upon by the parties and approved by the City Community Development Director, as long as the replacement spaces will enable the District to satisfy the requirement of the Use Permit that six (6) parking spaces be available for the District's use if the Property is sold to the Church. 2. The District shall be entitled to install signs and/or pavement markings giving notice to the public and to the members and employees of the Church that. the six (6) parking spaces shown on Exhibit "B" are reserved fox the exclusive use of the District and no .other persons shall be allowed to occupy such spaces. 3. The District shall maintain the parking spaces shown on Exhibit "B" in a neat and clean condition and shall repair any damage to the surface area that may be caused by the District's own use of such spaces. 4. The District shall indemnify, defend, and hold the Church harmless from and • against. any claims, demands, causes of action, costs or liabilities for bodily injury or property damage resulting from any negligent act or omission or willful misconduct committed by the District in connection with its use of the parking spaces pursuant to this Easement Agreement. 5. This Agreement shall constitute a covenant running with the land and shall inure to the benefit of and be binding upon the successors and assigns of the parties, including any transferee of the Property. IN WITNESS WHEREOF, the parties have executed this Easement Agreement effective as of the date first above written. SARATOGA FIRE PROTECTION DISTRICT By~ Robert Egan, Chairman SARATOGA FEDERATED CHURCH By: ~~.~/voa •2- STATE OF CALIFORNIA ) . ss. COUNTY OF SANTA CLARA ) On this day of 2003, before me, the undersigned Notary Public, personally appeared ROBERT ELAN, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Signature STATE OF CALIFORNIA ) • ss. COUNTY OF SANTA CLARA ) On this day of .2003, before me, the undersigned Notary Public, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Signature L _J Rev.7/1/03 ' 3' SARATOGA CITY COUNCIL MEETING DATE: July 16, 2003 AGENDA ITEM: /) ORIGINATING DEPT: Admin. Services CITY MANAGER: / ~~~ PREPARED BY: Jesse Baloc DEPT HEAD: SUBJECT: CAL-ID Agreement RECOMMENDED ACTION(S): Authorize City Manager to sign attached agreement. REPORT SUMMARY: The current Memorandum of Understanding (MOU) regarding the Automated Fingerprint Identification System (CAL-ID Agreement) was executed by the City of San Jose and County of Santa Clara last October 2002. The MOU allows the County and certain incorporated cities (including the City of Saratoga) to have access to the California Identification system and to share in the programs operation and maintenance costs, as administered by the City of San Jose. The effective date of the agreement is ongoing till termination by agreement of the parties. Total cost of the program budget is allocated 26:8% to the Santa Clara County District Attorney's Office and 73.2% among participating agencies based on percentage of population. The City's cost for access and program participation for fiscal year 2002-03 was $28,578. A signature addendum (attached). is requested to acknowledge the current terms and conditions of the current MOU. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): None. ALTERNATIVE ACTION(S): None. ~~ FOLLOW UP ACTION(S): • City Manager initials the Signature Addendum and returns to the City of San Jose. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: 1. MOU Regarding the Operation of the AFIS Program and to provide local law enforcement agencies access to the CAL-Ib system. 2. Signature Addendum to the MOU 2of2 ~:BD:CBM ~ W I G,~ _ ` 4/30/02 ' ~-~ ! ti MEMORANDUM OF UNDERSTANDING '~~~~~l~~G REGARDING THE OPERATION OF THE j(~~,:~.~ ~ i AUTOMATED FINGERPRINT IDENTIFICATION SYSTEM ~,;;~ ~i't~~ AND TO PROVIDE LOCAL LAW ENFORCEMENT AGENCIES ACCESS TO THE CALIFORNIA IDENTIFICATION SYSTEM This Memorandum of Understanding Regazding the Operation of the Automated Fingerprint Identification System and to provide Local Law Enforcement Agencies access to the California Identification System is made and entered into this day offl G'T ®g 2~~22002, by and among the COUNTY OF SANTA CLARA, a county of the State of California ("County"), the CITY OF CAMPBELL, a municipal corporation, the CITY OF CUPERTINO, a municipal corporation, the CITY OF GILROY, a municipal corporation, the CITY OF LOS ALTOS, a municipal corporation, the TOWN OF LOS ALTOS HILLS; a municipal corporation, the TOWN OF LOS GATOS, a municipal corporation, the CITY OF MILPITAS, a municipal corporation, the CITY OF MONTE SERENO, a municipal corporation, the CITY OF MORGAN HILL, a municipal corporation, the CITY OF MOUNTAIN VIEW, a municipal corporation, the CITY OF PALO ALTO, a municipal corporation, the CITY OF SAN JOSE, a municipal corporation, the CITY OF SANTA CLARA, a municipal corporation, the CITY OF SARATOGA, a municipal corporation, and the CITY OF SUNNYVALE, a municipal corporation (hereinafter collectively.referred to as "Incorporated Cities"). RECITALS Whereas, on Apri126 1988, the County and Incorporated Cities entered into an "Agreement to Provide •LocalZaw Enforcement. Agency Access to the California Identification System" which Agreement has been amended from time to time (CAL-ID Agreement); and Whereas, on May 20, 1997, the County and City of San Jose entered into a "Memorandum of Understanding Regarding the Acquisition and Operation of the Automated Fingerprint Identification System between. the City of San Jose and the County of Santa Claza" (APIs Agreement); and Whereas, County, City of San Jose, and other Incorporated Cities desire to mutually share the cost of operation and maintenance of both the CAL-ID Program and AFIS Program, the combined program will retain the CAL-ID Program name; and Whereas, County and Incorporated Cities desire to set forth their respective obligations with respect to the operation and maintenance of the CAL-ID and AFIS Program ("Consolidated Program"); NOW, THEREFORE, County and Incorporated Cities hereby agree as follows: SECTION 1. AGREEMENT bOCUMENTS The documents forming the entire agreement between the Incorporated Cities and County shall include the following: EXHIBIT A Cost Responsibilities . EXHIBIT B Operational. Responsibilities EXHIBIT C Statement of Assets EXHffiIT D Defmitions 163559_3.DOl 4/3W02 This Agreement and the Exhibits set forth above, contain all of the agreements, representations. and understandings of the parties hereto, and supersede and replace. any previous understandings, commitments, or agreements, whether oral or written, specifically including but not limited to the CAIrID Agreement and • the AFIS Agreemerit. SECTION 2. TERM OF AGREEMENT The Effective Date. of this Agreement shallbe the date that ithas been executed by both the County of Santa Claza and the City of San Jose, and as to the other Incorporated Cities in accordance with the provisions of Section 8 of this Agreement. The Agreement sh_ all continue in effect. until it has been temunated by the agreement of the parties. SECTION 3. COST RESPONSIBILITIES County and the Incorporated Cities agree to shaze the costs of the CAL-ID"Program operation according to the provisions of Exhibit A, Cost Responsibilities, which is attached hereto. SECTION 4. OPERATION OF SYSTEM The City of San Jose agees to operate the CAIrID Progam in accordance with provisions of Exhibit B, Operational Responsibilities, which is attached hereto. SECTION 5. FINANCIAL REPORTS/RIGHT TO AUDIT A. The County and the Incorporated Cities shall establish and maintain, in accordance with generally • accepted accounting principles, a complete record of all financial transactions related to this Agreement. B. The County and the_ Incorporated Cities agree that any duly authorized representative of any of the parties, upon reasonable advance notice, shall have access and the right, to audit, examine, and make excerpts or transcripts of or from records, and to make audits of all contracts, subcontracts, invoices, . payrolls, conditions of employment, materials, and all other data or financial records relating to matters covered by this Agreement. County and Incorporated Cities agree that any parry's authorized representatives, at any time, upon reasonable advance notice, during normal business hours, shall have access to and right to examine the offices and facilities engaged in performance of this Agreement. C. County and Incorporated Cities further agree that the right to examine or audit shall continue for three (3) years after the expiration or temrination of this Agreement, or for such longer period, if any, as is required by applicable law. County and Incorporated Cities shall preserve and make available records (a) until the expiration of three years from the date of expiration or sooner termination of this Agreement, or (b) for such longer period, if any, as is required by applicable law... SECTION 6. IRREPARABLE DAMAGE TO EQUIPMENT A. In the event that the local RAN equipment and/or AFIS equipment, or any portion thereof, is destroyed or damaged beyond repair, replacement equipment shall be purchased. Except as provided in Subsection B, the cost of replacement equipment shallbe allocated among all parties, based upon. • each paity's Allocated Percentage as set forth in Section A.4 of Exhibit A. B. In the event local RAN equipment and/or AFIS equipment, or any portion thereof, is destroyed or 163559 3.DOC 2 ~BD:CBM 4/30/02 damaged beyond repair due to the willful misconduct of an employee or agent of the County and/or any of the Incorporated Cities, their. officers, agents, and employees; in which event, the. replacement cost shall be borne by the County or applicable Incorporated City(s), whichever is responsible for such. damage. SECTION 7. MUTUAL INDEMNIFICATION AND BOLD HARMLESS Each Party shall contribute to the cost of any claim, loss, liability or defense costs, including reasonable attorney's fees, arising out of or resulting in any way from the operation of the local RAN or AFIS equipment by the County or any Incorporated City(s), it's officers, agents, or employees, excepting acts of willful misconductby the County or any Incorporated City(s), it's officers, agents, or employees. Such costs shall be allocated among the parties, based upon each party's Allocated Percentage as set pursuant to Section A.4 of Exhibit A for the fiscal year in which the claim is made. SECTION. 8. EXECUTION AND EFFECTIVENESS This Agreement shall be binding on the City and County from the Effective Date. This Agreement shall be additionally binding as to the parties and each of the Incorporated Cities as of the date that the individual Incorporated City has executed a Signature Addendum. APPROYEDAS TO FORM CITY OF SAN JOSE rian Doy e ?atricia L. O Hearn Senior Deputy City Attorney City Clerk PASSED AND ADOPTED by the Board of Supervisors of the County of Santa Claza, State of California on t' ZI~U 2002 by the following vote: AYES Supervisors ALVARRS,DO, ELC~LL, ~.?=GF, ~iv'ISS, NOES Supervisors ~s. j ABSENT Supervisors g~,~~-,~~ / /~ DONALD F. GAGE Ch erson Board of Supervisors ATTEST PHYLLIS A. PEREZ, Clerk Board Supervisors Ann Sloan C~~~/ ~~~ Chief Deputy Clerk of the Board of Si inarvisnrs APPROVED AS TO FORM AND LEGALITY ~ Z 02. Swa' Date Deputy County Counsel 163559_3.DOC 3 - itD:BD:CBM ' anoroz ' MEMORANDUM OF UNDERSTANDING REGARDING THE OPERATION OF THE AUTOMATED FINGERPRINT IDENTIFICATION SYSTEM AND TO PROVIDE LOCAL LAW ENFORCEMENT AGENCIES ACCESS TO THE CALIFORNIA IDENTIFICATION SYSTEM SIGNATURE ADDENDUM r By executing below the undersigned Incorporated City acknowledges and accepts the terms and conditions of the Memorandum of Understanding Regarding The Operation Of The Automated Fingerprint Identification System And To Provide Local Law Enforcement Agencies Access To The California Identification System which has been approved by City Council of the City of San Jose and the Boazd of Supervisors of the County of Santa Clara, and executed by City and County and is on file in the Office of the City Clerk of the City of San Jose. INCORPORATED CITY By: Name: Title: Date: CJ ,.. 163559_3.DOC 11 i2D:BD:CBM 4/30/02 ' A.1 LOCAL POLICY BOARD E~iIBIT A COST RESPONSIBILITIES A. Pursuant to California Penal Code Section 11112.4, a local, remote access network board, known as the "Santa Claza County CAL-ID RAN Policy Boazd" ("Local Policy Boazd"), has been established, which is currently composed of the following members: a member of the Boazd of Supervisors, the Sheriff, the District Attorney, the Chief of Police of the department having the lazgest number of sworn personnel within the county, a Chief of Police selected by all of the Police Chiefs within the County, a Mayor selected by City Selection Committee established pursuant to California Government Code Section 50270, and amember-at-large chosen by the other members. B. Pursuant to California Penal Code Section 11112.4, the Local Policy Boazd shall: 1. Establish policies and procedures necessary to implement the purposes of this MOU. 2. Establish a budget and approve expenditures consistent with the terms of this MOU. 3. Determine and coordinate the purchase, acceptance, placement, installation, use, maintenance, replacement, disposition of, and all other matters concerning the local AFIS and all local RAN equipment within the County, adhering to the policy guidelines and procedures adopted by the .California Department of Justice. 4, Develop procedures to regulate the ongoing use and maintenance of the local AFIS and the local RAN equipment adhering to the policy guidelines and procedures adopted by the California Department of justice; and 5. Determine the placement of personnel funded by the CAL-ID Program. A.2 ADMINISTRATION The City of San Jose has been and shall continue to be the general administering agency for the CAL-ID Program. The City of San Jose has been and shall continue to provide fiscal management of the CAL-ID Program fund and expenditures, including but not limited to: (1) establishing the interest-bearing accounts pursuant to Exhibit B into which shall be deposited all funds received under this MOU and from which shall be paid all costs and expenses incurred. under this MOU; (2) billing each parry for that party's shaze of the costs under this MOU; (3) providing each of the parties and the Local Policy Board with periodic reports and an annual financial report at the end of each fiscal year; and (4) payment of all Local Policy Board expenses. A.3 COSTS Cost components of the CAL-ID Program in Santa Claza County include: (i) new equipment costs; (ii) annual operating costs, and (iii) miscellaneous costs related to the operation of the CAL-ID Program not . included in Subparagraphs (i) and (ii). For purposes or this MOU, "annual operating costs" shall include, but not be limited to, the cost of personnel, supplies, materials, utilities, maintenance, repair, training, and other costs incurred in the annual operation of the CAL-ID Program. A.4 ALLOCATED PERCENTAGES 163559_3.DOC 5 RD:BD:CBM 4/30Po2 Al] costs of the CAL-ID Program as set forth in subsection B.l, above, shall be allocated among the parties to the MOU based on each party's percentage shaze of the total population of all agencies . participating in in the CAL-ID Program, with the exception of the Santa Clara County District Attorney's Office whose shaze will be 26.8 % of the entire budget. The initial Allocated Percentages aze documented in Attachment A of this MOU. Thereafter, on an annual basis, the Board shall recalcu]ate the Allocated Percentages based upon the population figures used for allocating these costs shall be established by the most recent State. of California Department of Finance Population Estimates. For the purpose of this MOU, the Santa Clara County share of population shall be the population of the unincorporated area of Santa Clara County. A.5 ANNUAL BUDGET 1. Prior to the commencement of any fiscal yeaz, the City of San Jose shall estimate the costs for that fiscal year. The estimated annual budget shall be approved, disapproved or amended by the Local Policy Boazd. 2. On or before. May 1 of the preceding fiscal year, the City of San Jose shall notify each party of its share of the estimated costs for the succeeding yeaz, which shall be allocated among the parties in the manner prescribed in Section B.2(1) above. 3. Payments required to be paid under this Section shall be paid to the order of the City of San Jose and delivered to the City of San Jose Finance Department, on or before July 15 of the fiscal year for which the payments are due. 4. Payments made pursuant to this MEMORANDUM OF UNDERSTANDING shall be nonrefundable and shall not be returned to any party unless al] parties agree to terminate this MEMORANDUM OF UNDERSTANDING and to discontinue the CAL-ID Program in Santa Claza County. 5. Payments shall be deposited in interest bearing trust accounts maintained by the City of San Jose for benefit of the CAL-ID Program, with any earned interest being applied to the account. The City of San Jose shall serve as the trustee of the accounts and shall have the authority to deposit and withdraw funds from the accounts to pay for costs according to the annual budget approved by the Local Policy Boazd. 6. Reserve Fund, The Local Policy Board has since 1988 maintained in a sepazate interest bearing trust account a reserve fund. ("Reserve") that has accrued since 1988 from budget surpluses and interest accrued on the corpus of the fund. The Reserve funds shall be held in interest bearing trust account for benefit.of the CAL-ID Program. The City of San lose-shall serve as the trustee of the account and shall have the authority to deposit and withdraw funds from the account. The Local Policy Board shall develop written policies regarding the maintenance and use of the Reserve. The Local Policy Boazd shall have the authority to maintain this Reserve and to use funds from it for the purpose of paying any. of the costs required under this Agreement. . 763559_3.DOC s RD:BD:CBM 4!30/02 ' A.6 . BUDGET ADJUSTMENTS ~f, in any fiscal year, the actual annual posts are higher than as previously determined by the Local Policy Board, the Local Policy Board, with the assistance of the City of San Jose, shall determine the additional amount needed to meet the costs for that fiscal yeaz. Each party shall contribute its share of the additional amount, which shaze will be based on the party's percentage shaze of the. total population of all parties participating in the CAL-ID Program. The additional payments shall be paid to the order of the City of San Jose and delivered to the City of San Jose Finance Department within thirty (30) days of billing. A.7 EMPLOYEES The City of San Jose shall provide such employees as the Local Policy Board considers necessary to the efficient operation of the CAL-1D Program. The persons provided by the City pursuant to this Section shall remain employees of the City of San Jose. The salary and all fringe benefit costs incurred by the City of San Jose in the employment of persons provided pursuant to this section shall be paid for out of the payments made by the parties pursuant to Section A.5 at the time these costs aze due and payable. A.8 RESIAUAL COSTS Each of the following parties acknowledges and agrees that the allocated costs outlined in Attachment A of this MOU aze due and payable to the City of San Jose under the CAL-IlID Ageement. Payment shall be made to the City of San Jose no later than July 15, 2002. A.9 NEW USERS A non-participating agency seeking to participate in the CAL-ID System shall be allowed to become a party to this agreement only with the approval of the Local Policy Boazd. In addition new participating agencies may be required to execute an addendum or amendment to the MEMORANDUIvI OF UNDERSTANDING by which the new agency agrees to be a party to this MEMORANDUM OF UNDERSTANDING and to be subject to all of its terms and conditions. If the addendum or amendment does not require any greater expenditure by the City of San Jose, it maybe executed by the City Manager of the City of San Jose, who is authorized to execute the addendum or amendment on behalf of the parties to this MEMORANDUM OF UNDERSTANDING. • 163559_3.DOC 7 7tD:$D:CBM 4/30/02 ' EXHIBIT B OPERATIONAL RESPONSIBILITIES B.1 PRIMARY OPERATION RESPONSIBILITY The City of San Jose shall be primarily responsible for the overall operation and maintenance of 'the CAL-ID Program consistent with the budget and overall direction mutually established. B.2 CITX OF SAN JOSE'S RESPONSIBILITIES City of San Jose shall provide the following services: 1. City of San Jose shall be responsible for maintaining the statistical file database of the Automated Fingerprint Identification System (AFIS), including but not limited to the 10-Print files and latent print files. 1. City of San Jose shall receive and verify all 10-print files from all remote sites in Santa Clara County. 2. City of San Jose shallprovide continuing quality control (editing) on incoming fingerprint images with existing database records. 3. City of San Jose shall perform comparative analysis of fingerprints received from the District Attorney's Office and testify in court when requested, with reasonable notice. 4. Ciiy of San Jose shall provide statistics annually within a Fiscal Yeaz to the Local Policy Board. These statistics shall include, but not be limited to the following: 10-Print database size; unsolved latent file size; number of 10-Print and Latent queries, verifications and identifications by agency, hit rates of each, number and types of record purges, information on frequency and circumstance of maintenance calls and their resolution, and other data as may be available via the System's statistical reporting capability. The Local Policy Boazd has the ability to audit performance statistics at any time given reasonable notice to City of SanJose. 5. The Central IdentificatiomUnit (GILT) shall provide, within limitations of the approved Operating Budget, 24-hour coverage 365 days a yeaz to receive and process electronic images of fingerprints from livescan sites within Santa Claza County. CIU shall notify System Users and Courity contact of any period when coverage is not available. 6. City of San Jose shall provide power and space for AFIS equipment housed at SJPD'S CIU facilities, costs to be allocated among all Parties to the MOU, in accordance with provisions of Exhibit B. 7. City of San Jose will act as point of contact with the AFIS vendor in assuring vendor compliance with the terms of the maintenance agreement and will assure that the operating system, matchers, hardware and all related components will be available in a state that the operating purposes of this MOU aze supported at the agreed-upon level. A process for 24 hour per day/7day per week notification and response will be established. 8. City of San Jose is responsible for preparing, on an annual basis, a list that outlines service priorities that will be equally applicable to all agencies that use C1U under this MOU: The list will recognize that a primary purpose of the System is to assure timely identification of persons being booked into 763559_3.DOC $ RD:BD:CBM '4/30/02 ' custody ~.3 COUNTY'S RESPONSIBILITIES County shall provide the following services: 1. County shall provide space and power for all County operated AFIS equipment which is linked to CIU. 2. County shall provide and maintain CJIC interface to AFIS. 3. County shall maintain and perform corrections to CJIC database and consolidate multiple person files. 4. County shall provide and maintain all of the communication lines between CIU and all remote access sites of the County. 5. County shall maintain the direct telephone line between CIU and Santa Claza Department of Corrections Main Jail B.4 INCORPORATED CITY'S RESPONSIBILITIES Incorporated Cities shall provide the following services: 1. -Each Incorporated City shall provide space and power for their City's operated AFIS equipment which is linked to CIU. • 2. Each Incorporated City shall provide their own personnel that shall be responsible for rolling . fingerprints at their livescan sites. 3. Each Incorporated City shall be responsible for installation of any future communication lines and to maintain current and future communications lines between CIU and the Incorporated City. B.5 ACCESS City and County shall each have the right to search, to detemune system status (files, statistics, and throughput). Only CIU staff has the right to regster prints or to make changes to database files. Terminals outside of CIU shall not have the ability to make file changes. However, County and Incorporated Cities, if they later purchase and install such equipment, may add latent print files to the "Unsolved Latent Print" database from it's Latent Print terminal. • 163559_3000 9 RD:BD:CBM 4/30/02 EXHIBIT C STATEMENT OF ASSETS SAN JOSE POLICE DEPARTMENT/SANTA CLARA COUNTY . LIVSCAN EQUIPMENT uanti Asset ID No. SAN JOSE POLICE DEPARTMENT 1 KIST Sever 2000 SANSOI 1 Seazch Processor 2000 SAMCOI 1 Data Stora e/Retrieva] 2000 SADSOl 1 CIIC Interface SACI01 1 In ut Station SAWSOl 2 Latent Station SALSOI, SALS02 1 Verification Station SAVSOI 4 Live Scan Stations LSS2000 SALVOI, SALV02, SALV03, SALV12 5 Lexmazk tra T614 Du lex rinter SALPOl, SALP02, SALP03, SALP12 1 Remote Communication Subs stem 1 20KVA Uninterru tible Power Su 1 1 Codonics Video Printer 30C2972B 1 NIST Archive Server/RAID U ade SANTA CLARA COUNTY 8 Remote Live Scan Station LSS2000 SALV04, SALVOS, SALV06, SALV07, SALV08, SALV09, SALV10, SALVll 1 Remote Latent Station SALS03 6 Lexmark Optra T614 Duplex Printer SALP0.4, SALPOS, SALP06, SALP07, SALP08, SALPll i Codonics Video Printer 2 Remote Communications Subs stem The above equipment was from the original acquisition of Printrak equipment. This below list equipment was procured with SB720 funds: Quanti Asset ID No. • SAN JOSE POLICE DEPARTMENT 1 Remote Live Scan Station LSS3000 SALV25 I Lexmazk tra T614 Du lex Printer SALP25 SANTA CLARA COUNTY 2 Remote Live Scan Stations LSS2000 SALV21, SALV24 2 Lexmark tra T614 Du lex Printers SALP21, SALP24 1 Remote Communications Subs stems • 163559_3.~OC ~ Q StD:BD:CBM • 4/30/02 LOCAL AFIS EQUIPMENT LIST uanti Asset ID No. SAN JOSE POLICE DEPARTMENT 1 NIST Sever 2000 SANSOI 1 Seazch Processor 2000 SAMCOl 1 Data Stora e/Retrieva12000 SADSOl 1 CJIC Interface SACI01 1 In ut Station SAWSOi 2 Latent Station SALSOl, SALS02 1 Verification Station SAVSOl 4 Live Scan Stations LSS2000 SALVO!, SALV02, SALV03, SALV12 1 Live Scan Station LSS3000 SALV25 6 Lexmazk tra T614 Du lex Tinter SALPOI, SALP02, SALP03, SALP12, SALP25 1 Remote Communication Subs stem 1 20KVA Uninterru tible Power Su 1 1 Codonics Video Printer 30C2972B 1 KIST Archive ServerLRAID U ade SHERIFF'S OFFICE 2 Remote Live Scan Station LSS2000 SALVOS, SALV24 1 Remote Latent Station SALS03 2 Lexmazk tra T614 Du lex Printer SALPOS, SALP24 3 Codonics Video Printer ' 1 Remote Communications Subs stem MAIN JAIL 1 Live Scan Station LSS2000 Commit Desk SALV06 4 Live Scan Station LSS2000 Bookin SALV07, SALV09, SALV08, SALVIl 1 ID Station (Release Area SAIDOl 1 ID Station Trans ort Area SAID02 1 ID Station 1 SAID03 3 Lexmark tra T614 Du lex Printer SALP06, SALP07, SALP08 1 Remote Communication Subs stem ELMWOOD 1 ID Station est ate SAID04 1 ID Station rocessin SAID07 1 Live Scan Station LSS2000 nused SALV 10 1 Lexmark tra T614 Printer SALP10 1 Remote Communication Subsystem CCW 1 ID Station SAIDOS 1 Remote Communication Subs stem DISTRICT ATTORNEY'S OFFICE 1 Live Scan Station LSS2000 SALV04 1 Lexmazk tra T614 Du lex Printer SALP04 Remote Communication Subs stem !63559 3.DOC ~ ~ RD:BD:CBM '4/30/02 ' CAMPBELL PD 1 Live Scan Station LSS2000 SALV23 1 Lexmazk tra T614 Du lex Printer SALP23 1 Remote Communication Subsystem MOUNTAIN VIEW PD 1 Live Scan Station LSS2000 SALV 15 1 Lexmazk tra T614 Du lex Printer SALP30 1 Remote Communication Subs stem LOS ALTOS PD i Live Scan Station LSS2000 SALV 14 1 Lexmazk tra T614 Du ]ex Printer SALP14 1 Remote Communication Subs stem SUNNYVALE DP5 1 Live Scan Station LSS2000 SALV 17 1 Lexmazk tra T614 Du lex Printer SALP17 i Remote Communication Subs stem LOS GATOS PD 1 Live Scan Station LSS2000 SALV22 1 Lexmazk tra T614 Du lex Printer SALP22 1 Remote Communication Subs stem GILROY PD 1 Live Scan Station LSS2000 SALV20 1 Lexmazk tra T614 Du lex Printer SALP20 1 Remote Communication Subs stem MORGAN HILL PD 1 Live Scan Station LSS2000 SALV19 1 Lexmazk tra T614 Du ]ex Printer SALP19 I Remote Communication Subs tem PALO ALTO PD 1 Live Scan Station LSS2000 SALV23 1 Lexmazk tra T614 Du lex Printer SALP23 1 Remote Communication Subs tem SANTA CLARA PD 1 Live Scan Station LSS2000 SALV16 i Lexmazk tra T614 Du lex Printer SALP16 1 Remote Communication Subsystem SOUTH COUNTY SHERIFF'S OFFICE 1 Live Scan Station LSS2000 SALV21 1 ~ Lexmazk tra T614 Du lex Printer SALP21 1 Remote Communication Subs stem MILPITAS PD 1 Live Scan Station LSS2000 SALV 18 1 Lexmazk tra T614 Du lex Printer SALP18 1 Remote Communication Subs stem i 163559 3.DOC ~ 2 RD:BD:CBM " 17105/0! • EXHIBIT D DEFINITIONS AFIS the Automated Fingerprint Identification System including all hazdwaze and software necessary to perform the intended purposes as stated in this Agreement Annual Budget- the CIU operating budget for a particulaz fiscal yeaz as agreed upon by the CAL-ID agencies through the procedure established in relation to the CAL- ID RAN Policy Board CAL-ID the State of California Fingerprint Identification System; also used in reference to an agreement with local law enforcement agencies related to provision of certain specified fingerprint services including searches of the State database from the LIT operated by CIU CIU the Central Identification Unit of the San Jose Police Department CJIC Criminal Justice Information Control, the County's system for local adult criminal case tracking, local criminal history recording and other related functions . County means the County of Santa Clara, its agencies and subdivisions, including the Office of the Coroner and the District Attorney's Office Fiscal Administrator a responsibility of the City of San Jose that includes preparation of a proposed annual budget for CIU, management of the agreed upon budget within the pazameters established, provision of periodic financial reports of revenues and expenditures, timely payment of bills or warrants for agreed upon services and supplies, maintenance of financial records according to GAAP, and provision of access as defined in Section 5 GAAP Generally Accepted Accounting Principles Latent Print Files digital or hazdcopy images of fingerprints taken from crime scenes LIT Equipment Local Input Terminal used to search the state AFIS RAN Remote Access Network; access to the state AFIS through the LTf Tenprint or 10-Print Files digital or hazdcopy images of rolled fingerprints 163559_dDOC 13 i1D:AD:CBM - anaoz MEMORANDUM OF UNDERSTANDING REGARDING THE OPERATION OF THE AUTOMATED FINGERPRINT IDENTIFICATION SYSTEM • AND TO PROVIDE LOCAL LAW ENFORCEMENT AGENCIES ACCESS TO THE CALIFORNIA IDENTIFICATION SYSTEM SIGNATURE ADDENDUM By executing below the undersigned Incorporated City aclrnowledges and accepts the Perms and conditions of the Memorandum of Understanding Regarding The Operafion Of The Automated Fingerprint Identification System And To Provide Local Law Enforcement Agencies Access To The California Identification System which has been approved by City Council of the City of San Jose and the Boatd of Supervisors of the County of Santa Clara, and executed by City and County and is on file in the Office of the City Clerk of the City of San Jose. INCORPORATED CITY. By: Name: Title: Date: City of Saratoga er's Office Paula Reeve, Manag 13777 Fruitvale Ave. Saratoga, CA 95070 L _~ ,.. • 163559_3.DOC 11 r"1 L.~ SARATOGA CITY COUNCIL MEETING DATE: July 16, 2003. ORIGINATING DEPT: Public Works PREPARED BY: Iveta Harvancik AGENDA ITEM:.. CITY MANAGER: ~~L~'~-- DEPT HEAD: 1,.~ J SUBJECT: Rodeo Creek Monitoring for Storm Di•ain Pollution Cost Sharing Agreement RECOMMENDED ACTION(S): Authorize the City Manager to execute Agreement between the Santa Clara Valley Water District and the City of Saratoga concerning cost sharing of Rodeo Creek Monitoring for Storm Drain Pollution. REPORT SUMMARY: Background Continuing monitoring of Saratoga Creek is part of City's effort to keep our creeks clean. City staff periodically. collects samples for laboratory analysis from Saratoga Creek. In addition, samples at random locations from other creeks and storm drains are analyzed from time to time. One of the random-sample analysis showed high level of bacteria in Rodeo Creek just below the bridge on Saratoga-Sunnyvale Road at Pierce Road. The type of bacteria (fecal coliform) indicates the highest possible source of contamination is the sanitary sewer system. City staff was directed by the Council to locate the source of pollution. The traditional methods of dye testing and smoke testing were sometimes unsuccessful, so the City staff decided to use innovative chemical marker method. A number of unique chemical markers will be introduced at different potential sources of pollution. After that, samples will be collected downstream from Rodeo Creek at prescribed time intervals. Only safe, water soluble, relatively stable chemicals will be used for this purpose. The samples will be analyzed for presence of introduced markers to determine sources of pollution. Whole process can be repeated to further localize actual sources. On May 1, 2002, the Saratoga City Council approved proposal from Bay Bioanalytical Laboratory, Inc. in the amount of $24,500 to provide professional services for implementation of the chemical marker method. Polyethylene Glycols (PEGS) with different molecular weights were selected as chemical markers. The prof ect is presently in progress. Santa Clara Valley Water District (the District) expressed interest in the referenced project and. agreed that determining the source of creek pollution will benefit both parties.' Consequently, the District agreed to share the cost for the analytical laboratory services. The District will contribute up to $12,250 towards the cost of the analysis, which is 50% of the total project cost based on the estimate from Bay Bioanalytical Laboratory, Inc. Agreement describing all the term and conditions ofthe cost sharing is attached. FISCAL IMPACTS: The City will receive up to $12,250 from Santa Clara Valley Water District, which represents one half of the estimated project cost. CONSEQUENCES.OF NOT FOLLOWING RECOMMENDED ACTION(S): The District will not share project expenditures with the City and the City will be responsible for the entire project cost. ALTERNATIVE ACTION(S): None in addition to the above. FOLLOW UP ACTION(S): Rodeo Creek Monitoring for Storm Drain Pollution will be executed by the City Manager. ADVERTISING, NOTICING ANb PU$LIC CONTACT: Nothing additional. ATTACHMENTS: 1. Agreement regarding Rodeo Creek Monitoring for Storm Drain Pollution ~..._J ENACTED COPY .Contract Admin. Unit ' AGMT. # f1w'673S geq, #~ AGREEMENT Rodeo Creek Monitoring for Storm Drain Pollution Monitoring of Rodeo Creek to Determine the Origin of Bacterial Pollution Using Chemical Markers This AGREEMENT is entered into on , 2003, by and between Santa Clara Valley Water District, hereinafter called "DISTRICT", the City of Sazatoga, hereinafter called "SARATOGA", or collectively as "PARTIES" or generically as "PARTY". WHEREAS fecal coliform bacterial contamination has been detected in Rodeo creek indicating contamination from the sanitary sewer system. WHEREAS determining the source of said pollution is in the best interest of PARTIES and will benefit the citizens, businesses and wildlife habitat within the genera] area of the creek. WHEREAS the traditional methods of smoke testing, dye testing and video inspection are sometimes ineffective, it would be in the best interest of PARTIES to develop a more dependable, and efficient methodology. WHEREAS implementation of a chemical marker system to trace sources of storm drain pollutants is an appropriate new methodology to determine the pollution source. NOW, THEREFORE, PARTIES, for the consideration and upon the terms and conditions hereinafter specified, agree as follows: PROJECT 1. Project Description A. The objective of the proposed project is to trace the sources of fecal coliform pollution that enter local storm drains and then into Rodeo Creek. It is believed that the source of the fecal coliform pollution is contamination from the sanitary sewerage system. Because a number of sanitary sewers maybe the source of the contamination, at least 20 chemical markers are needed. Polyethylene glycols (PEGS) will be used as chemical markers. These synthetic chemicals are safe, water soluble and inexpensive and can be produced at different molecular weights. B. Given the ubiquitous nature of PEGS, there are undoubtedly very ]ow background levels present in sewage and perhaps surface water. Prior to marking experiments in the creek, the background level of PEGS will be determined on a sample of water from Rodeo Creek. Mass • spectrometer analysis will provide a signature of any PEG distribution in the creek water. If significant levels of a specific molecular weight PEG are found, other weight PEGS will be used in the field experiments. 'of5 ORIGINAL C. Based on the distribution of PEGS found in the background sample, PEG markers will be chosen for use in the field. SARATOGA staff or their consultant will add the chemical • mazkers to sewer drains and collect samples from storm drains. Carrier services will be used to deliver samples to the lab. Procedures for sample handling in the field will be provided by the consultant. D. Mass Spectrometer analyses will be conducted on up to 20 field samples. A report of results will be prepazed for distribution to both PARTIES. E. SARATOGA will analyze the lab report and prepaze a report including a map showing the path of contamination.: The DISTRICT will provide technical assistance as needed. 2. Project Responsibilities A. SARATOGA shall acquire any permits, permissions, or waivers needed for conducting the monitoring project. B. SARATOGA shall select a consultant to perform the PEG Field tests and the laboratory analysis. SARATOGA will perform all contract administration. C. DISTRICT shall, when requested, provide technical assistance to analyze the results. D. SARATOGA shall require the consultant to name as additional insured on their Comprehensive/Commercial General Liability coverage The Santa Claza Valley Water District, . its Boazd of Directors, officers, employees and agents, and the City of Saratoga, its council members, officers, employees and agents." E. SARATOGA and DISTRICT hereby grant to each other permission to enter their property or easements along and adjacent to Rodeo Creek solely for the purpose of performing the project referencedherefn. FINANCIAL 3. Project Cost Sharing A. The costs for the analytical lab. contractor will be shazed. The DISTRICT will contribute up to $12, 250 towazds the cost of the analysis and Saratoga will contribute the remainder regardless of the fmal amount. Based. on the estimate from the Bay Bioanalytical Laboratory, Inc., $12,250 is 50% of the total cost. B. DISTRICT shall make payments per approved invoices within 60 (sixty) days of receipt from the fiscal agent. The fiscal agent will submit the invoice to DISTRICT following the execution of the consultant contract with SARATOGA and completion of 50% of the project work. 2of5 . GENERAL PROVISIONS 4. Term of the Agreement Term of the Agreement shall be for a period of 2 years from the date identified above. 5. Assignability Without the written consent of the other PARTY, no PARTY shall assign or transfer any interest in this Agreement. Any unauthorized attempt by any PARTY to so assign or transfer shall be void and of no effect. Any PARTY hiring a contractor or consultant shall be responsible for the inspection, review, and quality of all work of that contractor or consultant. 6. Indemnification Each PARTY shall defend, indemnify, and hold harmless the other PARTY, its directors, council members, employees, and agents against any claim, loss or liability arising out of or resulting in any way from work performed under this Agreement due to the willful or negligent acts (active or passive) or omissions by the indemnifying PARTY or it's directors, council members, employees, and agents. • 7. Nondiscrimination No PARTY shall discriminate, in any way, against any person in connection with or related to the performance of this Agreement because he/she is a veteran or because of a physical or mental disability (including HIV and AIDS), nor on the basis of race, color, religion, gender, national origin, ancestry, marital status, sexual orientation, age (over 40), medical condition. (cancer) parental status, pregnancy, the exercise of family care leave rights, or political affiliation. 8. Termination A. Either PARTY shall have the right to terminate this Agreement, for cause, by giving not less than a 60-day written notice of termination to the other PARTY. B. If any PARTY fails to perfonn any of its material obligations under this Agreement, in addition to all other remedies provided bylaw, the other PARTY may terminate this Agreement immediately upon written notice. C. The City Managerof SARATOGA and the Chief Executive Officer of the DISTRICT ate empowered to terminate this Agreement on behalf of their respective agencies. • D. In event of termination, each PARTY shall deliver to the other PARTY, upori request, copies of reports, documents, and other work performed by any PARTY under this Agreement. Funds not spent by consultant as of the date of termination shall be reimbursed to DISTRICT. 3 of 5 9. Governing Law and Compliance with Laws PARTIES agree that Califomia law shall govern this Agreement. Tn the performance of this Agreement each PARTY. shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local government. l0.Ownership of Materials All reports, documents, or other materials developed or discovered by any PARTY or any other person engaged directly or indirectly by any PARTY to perform the services required, hereunder shall be and remain the mutual property of both PARTIES without restriction or limitation upon their use. 11. Notification Any and all notices or other communications required to be given hereunder shall be deemed to have been delivered upon deposit in the United States mail, postage prepaid, addressed as specified below or as later amended by the PARTY in writing: Saratoga City of Saratoga 13777 Fruitvale Avenue Saratoga, Califomia 95070 Attn.: John Cherbone, Public Works Director 12. Successors and Assigns Water District Santa Clara Valley Water District 5750 Almaden Expressway San Jose, California 95118-3614 Attn.: Stanley M. Williams, Chief Executive Officer This Agreement, and all the terms, covenants, and conditions hereof, shall apply to and bind the successors and assigns of the respective PARTIES hereto. 13. Signing by Counterpart This Agreement maybe signed in counterpart and each signed document shall constitute the whole as if a single document was signed by both PARTIES. 14. Venue In the event that suit shall be brought by any PARTY to this contract, the PARTIES agree that venue shall be exclusively vested in the state courts of the County of Santa Clara, or exclusively in the United States Court, Northern District of California, in San Jose, California. C~ i • 4of5 j • CJ 15. Prior Agreements and Amendments This Agreement represents the entire understanding of the PARTIES as to those matters contained herein. This Agreement may only be modified by a written amendment duly executed by both PARTIES to this Agreement. CITY OF SARATOGA By: City Manager Date: ATTEST: City Clerk APPROVED AS TO FORM City Attorney SANTA CLARA VALLEY WATER CONTROL DISTRICT By: (J~~ I~ Walter L. Wadlow Chief Operating Officer Date: ~~ IN D3 APPROVED AS TO FORM ~~~~ E 'ly Cote Assistant General Counsel 5 of 5 SARATOGA CITY COUNCIL MEETING DATE: July 16, 2003 AGENDA ITEM: 3~ ORIGINATING DEPT: City Attorney CITY MANAGER~~~ PREPARED BY: Richard S. Taylor DEPT HEAD: SUBJECT: Preannexation Agreement for the following parcels of land on Redberry Drive: APN 510-24-002, APN 510-24-027, APN 510-24-003 RECOMMENDED ACTION: Review proposed preannexation agreement. REPORT SUMMARY: The owners of the properties included within the Redberry Drive annexation area have requested Because the request for preannexation agreement was filed on the day the agenda packets were to be distributed, a proposed agreement has not yet been drafted. The matter has been placed on the agenda nonetheless to accommodate the various parties' interests in having the preannexation agreement considered before the hearing on the annexation. The City Attorney's office will work with counsel for the parties requesting the preannexation agreement to prepare an agreement. reflecting the terms above prior to the City Council meeting: That agreement and a supplemental staff report will be distributed to Council and interested members of the public as that the City enter a preannexation agreement establishing that (1) County approvals of the plans for development at 19418 Redberry Drive (these approvals are the grading permit, building site approval, and design review approval) as modified by agreement between that applicant and neazby residents will take effect prior to completion of the annexation; (2) the City will issue and administer all grading and building permits for development at 19418 Redberry Drive in accordance with the County-approved plans as modified; and (3) in light of the first two terms, the owners. of the properties in the annexation area will consent to the annexation. A letter requesting the preannexation agreement is attached. This item has been placed on the consent calendar because the property owners wish to know the City Council's decision on the preannexation agreement before the City Council conducts the public hearing on the proposed annexation. Staff recommends that a Council member ask that this item be removed from the consent calendar for discussion. soon as the agreement is completed FISCAL IMPACTS: The preannexation agreement is not expected to impose any additional financial burden. on the Coty. The cost of prepazing the agreement in terms of staff time falls within the range of the estimated annexation costs in eazlier Staff Reports. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: One or mole of the affected property owners may oppose the annexation if the preannexation agreement is not adopted, ALTERNATNE ACTION: Deny the proposed agreement and provide staff with direction. ADVERTISING, NOTICING AND PUBLIC CONTACT: Notice for this meeting. ATTACHMENTS: Letter requesting preannexation agreement. 2of2 FROM Matteoni Saxe & O'Laughlin FRX N0. 408 573 1360 Jul. 10 2003 01:59PM P2 • July 10, 2003 ViA FACSIMILE & U.S. MAiL Mr. Richard Taylor Saratoga City Attorney 396 Hayes St #1 San Francisco. CA 94102 Re: Pre-Annexation Agreement for Hepburn, Navilrabatabaei and HoitonlKownacki Properties Dear Mr. Taylor. pn behalf of the above-referenced property owners, we the undersigned have • reached verbal agreement regarding terms of the approvals necessary for construction of anew house on the Navi/Tabatabaei property and hereby request that apre-annexation agreement for the three properties be placed on the City Council agenda for the Wednesday July 16 meeting addressing annexation of these three properties to the City of Saratoga. We anticipate submitting the agreement for your review no later than next Monday, July with the intent that the agreement be distributed to the Council members on Tsday the ~tii5tl.. 14th Thank you for your assistance with this matter. Please let us know if you have any questions. Sincerely, , G%/~ Joseph Karnes pn behalf of Mr. & Mrs. Hepburn, W//a~~nda Kownackai.a~nd John Nolton Bart tiechtman pn behalf of Mr. Bahram Navi and Mrs, Maryam Tabatabaei • 02RIOfT00./?G59r,1 SARATOGA CITY COUNCIL J L MEETING DATE: July 16, 2003 AGENDA ITEM: ORIGINATING DEPT: Community Development CITY MANAGER:. ~~L%hL---- PREPARED BY: John F. Livingstone,.AICPDEPT HEAD: ~-- SUBJECT: Annexation of the following parcels of land on Redberry Drive: APN 510-24-002, APN 510-24-027, APN 510-24-003 RECOMMENDED ACTION: Staff recommends the City Council open the public hearing, accept public testimony, close the public hearing and approve the attached resolution initiating annexation proceedings and establishing a date for a protest hearing on theproposed annexation. REPORT SUMMARY: At its Tune 18, 2003 meeting the City Council directed staff to notice a public hearing for Council's consideration of the proposed initiation of annexation proceedings for the Redberry Drive parcels. This staff report recommends that the Council. approve the resolution initiating annexation proceedings setting a date for a protest hearing. The staff report includes the service plan for the parcels to be annexed and. presents the remaining factual information required to proceed with the annexation. DISCUSSION: The Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 (the Act) provides that cities in Santa Clara County may proceed independently of the Local Agency Formation Commission, (LAFCO) in processing annexation applications within the City's urban service area. (Government Code § 56757.) The Act requires, however, that the City follow the procedures used by LAFCO to the extent practicable.. (See Government.Code. § 56757.) The Act establishes athree-part process for annexations: (1) Initiation of Annexation (see Gov't Code § 57000(a) and 56650 et seq.); (2) Protest Proceedings (see Gov't Code 57000 et seq.); and (3) Approval of Annexation (see Gov't Code § 56757. The proposed actions addressed in this staff report are initiating annexation proceedings and setting a date for the protest hearing.. Initiating Annexation Proceedings The Act and other state laws require annexation proponents to prepare a number of documents as part of the annexation process. The documents fall in three categories: a service plan, LAFCO materials, and the California Environmental Quality Act. These are described as follows: A. Service Plan. Government-Code sections 56653 and 56700 requires that all annexations begin with a proposed service plan for the area to be annexed. This staff report is the. Service Plan for the annexation of the parcels identified above. The Service Plan includes the following components: i. A description of the land to be annexed including a map prepared by the City Surveyor. This description is attached to this report and has also been forwarded to the Santa Clara County Surveyor's Office for review. ii. A list of the organizational changes proposed. These are listed on the attached List of Services Report. iii. The reasons for the proposal. These are as follows: • To extend: City services to lands within the City's previously established urban service area; • To allow the provisions of the City General Plan, zoning code, and design guidelines to apply within the area to be annexed; and • To provide community identity to lands adjacent to the existing municipal boundaries. iv. A listing and description of the services to be provided to the annexed lands together with a discussion. of the level and range of services to be offered. Services to be provided are described on the attached List of Services Report together with a discussion of the level and range of service. v. An indication of wheri the services listed can feasibly be extended to the annexed lands. All of the services listed will be extended to the annexed lands immediately upon annexation. vi. An indication of any improvement or upgrading of structures, roads, sewer or water. facilities, or other conditions that the City would impose or require on the annexed lands. The annexation is not conditioned on any, improvements or upgrades. vii. Information on how the services to be provided would be financed. City services will be financed through the City's general fund. Service costs are not expected to exceed increase property tax revenues. B. LAFCO Materials. Cities in Santa Clara County proceeding independently of LAFCO are required to make the findings listed below before approving an annexation. (See Gov't Code 56757(c).) Although the formal findings need not be made until the end of the process, staff has prepared the documentation necessary to support the findings to ensure that Council is informed as it considers initiating the annexation proceedings. The City will be required to make the following findings. Each finding is followed by a brief description. of the information obtained by staff. 2of6 i. That the unincorporated territory is within the urban service area of the city as adopted by the commission. Staff has confirmed that this is the case for the affected properties. ii. That the county surveyor has. determined the boundaries of the proposal to be definite and certain, and in compliance with LAFCO's road annexation policies. The City Surveyor has prepared this information for review by the County Surveyor. Staff has received preliminary feedback from the County Surveyor that the annexation as proposed would comply with LAFCO's road annexation policies. iii. That the proposal does not split lines o£ assessment or ownership. The County Assessor's Offzce has confirmed that the project meets this requirement (See attached Report from the Assessor). iv. That the proposal does not create islands or areas in which it would be difficult to provide municipal services. Staff has reviewed 'the geography of the proposed annexation and concluded that it would not create an island or present difficulties in providing municipal services since the majority of services and direct service providers will remain the same. v. That the proposal is consistent with the adopted genera] plan of the city. The land use designation for the lands to be annexed is RHC(Residential Hillside Conservation); this is consistent with the existing uses of the lands to be annexed. The Zand has been prezoned Hillside Residential which is consistent with the General Plan designation and the surrounding zoning. The General Plan provides that lands in the hillsides should be considered for annexation if they meet the following General Plan Policies: LU.1.0 Lands shall not be annexed to Saratoga unless they are contiguous to the existing City Limits and it is determined by the City that public services can be provided without unrecoverable cost to the City and dilution of services to existing residents. The proposed land to be annexed is contiguous to the City of Saratoga. The additional services required for the three parcels of land are minimal and can. be provided without the dilution of services to existing residents. The cost of these services can be offset over time by the City's share of property tux generated from the three parcels. LU.1.1 (Imp) Annexation proposals shall be carefully studied to determine -their economic and urban service impacts to the City. Staff has obtained a Geotechnical report for the area. Based on the report and staff's knowledge of the area, staff has concluded that the impacts to the City would be negligible and that the City's share of the property taxes will offset anyeconomic impacts to the City over time. vi. That the territory is contiguous to existing city limits. Staff has confirmed this fact and will be obtaining a report from. the City Surveyor. to this effect. 3 of 6 vii. That the city has complied with all conditions imposed by the LAFCO for. inclusion of the territory in the urban service area of the city. The properties have been determined to be in the City of Saratoga's Urban Service Area. No conditions have been imposed by LAFCO. C. CEQA Compliance. Annexations are projects subject to the environmental review requirements of the California Environmental Quality Act (CEQA). Staff has determined that the annexation would be exempt from CEQA review pursuant to section 15319 of the CEQA Guidelines. That section provides that annexations are categorically exempt from CEQA review if they include only existing structures developed to the density allowed by the current zoning or pre-zoning of either the gaining or losing governmental agency whichever is more restrictive or they include only annexations of individual parcels that do not exceed the minimum size for facilities exempted by Section 15303 (that section limits exemptions to up to three single-family residences in an urbanized area). Staff has. determined that findings can be made to support the Categorical Exemption of the proposed annexation of three lots into the City of Saratoga. The structures on the properties are consistent with the density permitted by the City General Plan and prezoning for-the area that are generally more restrictive than the County standards for the area. Annexation will provide further environmental benefits in that any new development applications following annexation would be subject to the City's more restrictive land use policies concerning the size of development, grading and tree protection as well as the City Residential Design Handbook that requires new. developments to minimize the perception of bulk, integrate structures into the environment, preserve views, and design for energy efficiency. Each of the parcels proposed for annexation is of a-size that would allow only construction of one single-family residence. There. is no subdivision potential. Because the City does not provide utility services the annexation does not involve or change the standards for extension of utility services to the parcels proposed for annexation. Overall the annexation of the three parcels to the City of Saratoga will have a beneficial environmental impact to the area. Protest Proceedings If the City Council elects to proceed with annexation proceedings, that decision triggers a protest process that would proceed as described below. 1. Public Notice of Hearing. .The attached resolution sets a public hearing on September 3, 2003 for the City Council to accept protests and otherwise consider the. annexation. It further directs the City Clerk to provide the necessary notices and accept protests up to and through the hearing as required by law. Hearing notices must be issued at least 21 days before the hearing and may not be issued more than 60 days before the hearing. (Gov't Code 57002.) 2. Protest Filing Period. Property owners within the annexation-area may file written . protests up to and during the protest hearing. (Gov't Code 57051..) 4of6 • 3. Protest Hearing. The City Council conducts the protest hearing in accord with the notice of the hearing. The hearing may be continued but not for more than 60 days. (Gov'YCode 57050(a).) 4. Protest Valuation. At the conclusion of the hearing the City Council must determine the value. of the protests. (Gov't Code 57052.) Protest determinations depend on whether the annexation area is "inhabited" (12 or more registered voters residing within the annexation area [see Gov't Code § 56046]) or "uninhabited". The Registrar of Voters has determined that the proposed annexed area is uninhabited. For uninhabited annexation areas; the annexation proceedings must be abandoned if protests are filed by landowners owning 50% or more of the total assessed. value of the land in the annexation area. If protests are filed by owners of land owning less than 50% of the total assessed value of land in the annexation area the City must approve the annexation. (Gov't Code § 57075.) Annexation Approval If there are no protests or if there are protests and a subsequent election supports the annexation then. the City Council must adopt a resolution ordering the annexation. The resolution must contain the findings specified in Government Code section 56757 and discussed above. This resolution may be adopted at the same meeting as the protest hearing if no election is to be required. Following adoption of the resolution staff would. file the resolution and relevant . supporting documents with LAFCO and the annexation would be complete. FISCAL IMPACTS: There have been no increases to the estimated costs since the previous Staff Report. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: There will be no annexation. ALTERNATIVE ACTION: Deny the proposed resolution and provide staff with direction. FOLLOW UP ACTION: At the direction of Council Staff will proceed with the noticing for the Annexation Protest Hearing.. ADVERTISING, NOTICING AND PUBLIC CONTACT: The item has been placed on the City Council Agenda and posted pursuant to Government Code 54954.2. The Government Code requires that a notice be given to various agencies, registered voters and the residents within and adjacent to (within 300 feet) the proposed annexation area advising them of the intent to approve a Resolution of Initiation. This noticing has been 5 of 6 completed by staff using a S00-foot radius, consistent with the City's normal noticing • requirements, of the proposed annexed properties. ATTACHMENTS: 1. Resolution approving Initiation of the Annexation and directing staff to prepare the 21- day notice period for the Annexation Protest Hearing 2. List of Services Report 3. Report from the County Assessor 4. Map and Legal Description 5. Geotechnical Report U 6 of 6 RESOLUTION NO.03- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA INITIATING ANNEXATION OF CERTAIN REDBERRY DRIVE PROPERTIES AND SETTING A DATE FOR A PUBLIC HEARING TO CONSIDER AND ACCEPT PROTESTS OF SAID ANNEXATION WHEREAS, the City Council is considering the annexation of three parcels of land, APN 510- 24-002, 510-24-027, and 510-24-003 on Redberry Drive coritiguous to the City of Saratoga in order to provide for use of City services and to apply the terms of the City General Plan and City Code; and WHEREAS, the City of Saratoga City Council has determined the project to be exempt from the California Environmental Quality Act CEQA pursuant to section 15319 of the CEQA Guidelines; WHEREAS, as provided in Government Code Section 56757, the City Council of the City of Saratoga is the conducting authority for the annexation; and WHEREAS, the proposed properties to be annexed on Redberry Drive are in the City of Saratoga's Urban Service Area and Sphere of Influence and are Prezoned Hillside Residential; and WHEREAS, the City has consulted with the Santa Clara County Registrar of Voters and determined that said territory has four registered voters and is therefore considered uninhabited for the . purposes of annexation proceedings. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Saratoga hereby initiates annexation proceedings and will consider annexation of the territory .known as Assessor's Parcel Numbers 510-24-002, 510-24-027, and 510-24-003. on Redberry Drive to the City at a public hearing to accept public testimony and protests of the proposed annexation on September 3, 2003; and BE IT FURTHER RESOLVED that the City Council of the City of Saratoga hereby directs the City Clerk to conduct protest proceedings including the issuance of all required riotices and acceptance of all protests properly filed up to and concluding at the close of the public hearing described above. The above Resolution was passed and adopted at a regular meeting of-the City Council of the City of Saratoga held on the 16a' day of July 2003 by the following vote: AYES: NOES: ABSENT: ABSTAIN: . .ATTEST: Nick Streit, Mayor Cathleen Boyer, City Clerk List of Services Report Districts Saratoga Union Elementary School Los Gatos Union High School West Valley Community College Saratoga Cemetery Guadalupe -Coyote Resource Conservation Bay Area Air Quality Management Mid-Peninsula Regional Open Space West Valley Sanitation Santa Clara Valley County Water Santa Clara County Zone NC-1 County Water Santa Clara County Importation Water-Miscellaneous Central Fire Protection Santa Clata Valley-Zone. W-4 County Water Area No. 01 Library Benefit Assessment County Service Area No. O1 Library Services County Services Santa Clara County Vector Control Services NO CHANGE TO DISTRICTS Street Sweeoin¢ Santa Clara County provides no regular street sweeping. INCREASE IN SERVICE The City of Saratoga has a contract with Los Altos Garbage to sweep residential streets once a month. Law Enforcement The City of Saratoga has a contract with the Santa Clara INCREASE IN SERVICE County Sheriffs Department that provides two patrol cars to the City. The County has only one car for this area and it also has to respond to the Los Gatos Mountains. Santa Clara Valley Transportation Authority NO CHANGE • County of Santa Clara .Office of the County Assessor County Government Center, East Wing 5th Floor 70 West Hedding Street San Jose, CA 95110-1771 FAX (408) 298-9446 Lawrence E. Stone, Assessor Report of the Assessor Proposed Designation: REDBERRY DR. 2003-1 Type: Annexation /Detachment/ Reorganization /Special District City or District: CITY OF SARATOGA Review of Proposal Acreage and Location: 3.105 ACRES +/- ON REDBERRY DR. Assessor's Parcei Numbers: 510-24-002,003,027 • Conformity to Lines of Assessment: X Boundaries of proposed change conform to lines of assessment or ownership.- Boundaries of proposed change fail to conform to lines of assessment or ownership as noted on the attached map. Boundaries of the following district(s) are split as noted on the attached map. Special Districts within proposed annexation, detachmant or territory proposed to be reorganized are: By: Pauline Coleman Mapper II 408-299-5552 Date: 6/24/2003 • Fees for this report are attached. TRA: 060 - 003 [111] SARATOGA UNION ELEM. SCHOOL [137] LOS GATOS UNION JT(43,44) HIGH SCHOOL (203] WEST VALLEY JT(43,44) COMM. COLLEGE - (206) SARATOGA CEMETERY (208] GUADALUPE-COYOTE RESOURCE CONSV. [215j BAY AREA JT(1,7,21,28,30,41,43,48,40,57)AlR QUALITY MGMT. [252) MID-PENINSULA REGIONAL JT(41,43,44) OPEN SPACE [306) WEST VALLEY SANITATION (322] SANTA CLARA VALLEY COUNTY WATER t323j SANTA CLARA VALLEY ZONE NC-1 COUNTY WATER ]335] SANTA CIARA COUNTY IMPORTATION WATER-MISC. - [371]CENTRAL FIRE PROTECTION [376] SANTA CLARA VALLEY-ZONE W-4 COUNTY WATER [377J AREA NO. 01, LIBRARY BENEFITASSESSMENT COUNTY SERVICE (378]AREA NO..01 (LIBRARY SERVICES)COUNTY SERVICE Total Districts this TRA: 15 ~~ .= a a" .,~ .. a .~,3 ~ s~' ~`'. ~ ' ~ ^ wl n n QB Q~ V 9 00 o c s~ ae' tik ~ ~ 5 ~ ~~1 Ary ~ y ~ ~ .~ M 0 ive~ ~ ~ g 41 59 1,. `^, y Y ~ °~ ~ ~' q Z oo,~ ~~ ~o W ~I b • q°~ a d' 6iO-z~.ooz ~ h 0 'pb6E I A N+.oo ,~ ~RJ~'~ 90 `~~ ~ p, 3i~, as • w ~°.•. S~ `~ O~ ~` ~ g`ej~A 8~~~q•~ ~ C N~.d953 ~ ~ ~\p Egiine6l?l31N5 '~ }P 9 \ a~ ~ ~ti0 V `~,? 4~ ~ /~~ EX!//B/T B PRO/OS.E~ /A/YNEXAT:tGW J29 C/TY Ltd' J'A.PA rDGA ,ENt/7YE0 ~PEDBERKY 2003 -1 ~ArE : /uNE PO. X.oo3 su«': i' ° ivo ' • Annexation to C'itY of 5arat Name of Annexation Redberry Date June 20, 2003 All that certain rea_ property situated an the County of Santa Clara, State of California, described as follows: Beginning at the. most Southerly corner of that certain 17.00 acre tract of land deeded to J.W. Rowe by Mrs. Aelilah Baintcr by deed dated June 7, 1867 and Yecorded in Book 101 of deeds, Page 514, in the Office of Che County Recorder of Santa Clara County, California, and running thence along the boundary of the City of Saratoga. by Annexation Baintcr 1985-1 North 45 DegYCes 15 Minutes West a distance of 313.24 feet,. North 68 Degrees 15 Minutes East a distance of 292.08 feet, and South 87 Degrees 04 Minutes East a distance of 39.60 feet to the beginning of proposed Annexation Redberry 2003-1 herein described, and the True Point of Beginning of this descripCion; thence Northwesterly along the boundary of proposed Annexation Redberry 2.003-1 North 43 Degrees 12 Minutes 30 Seconds WesC a distance of 311.30 feet to the Southerly right of way of Redberry DL'lvc;.; Thence Northeasterly along Annexation Redberry 2003-1 North 30 Degrees 06 Minutes 00 Seconds East a distance of 4.00. feet; thence North 49 Degrees 49 Minutes 00 Seconds East a distance of 90.36 feet; thane North SO Degrees 50 Minutes 00 Seconds East a distance of 75.02 feet; thence North 00 Degrees 04 Minutes 00 Seconds East a distance of 40 34 feet; thence North 41 . Degrees i0 Minutes. oo seconds ease a distatu•e of 56.13 Eeet; thence North 38 Degrees 31 Minutes 59 Seconds East a distance of 38.67 feet to the beginning of a 25.00 foot non-tangent curve, concave to the East, a radial to said beginning bears North 49 Degrees. 38 Minutes 00 Seconds West; thence leaving Southerly right of way of Redberry Drive and running Southerly along said Annexation Redberry 2003-1, along said curve, through a central angle of A3 De.grees 42 Minutes SO Seconds an arc distance of 36.53 feet; thence tangent to said curve, South 43 Degrees 20 Minutes 50 Seconds East a distance of 108.50 feet; thence South 82 Degrees 1j Minutes 00 Seconds East a distance of 92.33 feet; thence North 05 nPgrpas 03 Minutes 00 Seconds West a distance of 56.28 feet; thence North 18 Degrees 41 Minutes 00 Seconds East a -distance of 59.67 feet; Chence North 73 Degrees 08 Minutes 00 Seconds East a distance of 9A.p0 feet; thence North 80 Degrees 00 Minutes 30 Seconds Easl• a distance of 146,73 feet to the Westerly line of Annexation Baintcr 1-79; thence Southwesterly along the Wc^Gtorly line of Annexation Baintcr t-7p South 30 Degrees 06 Minutes 36 Seconds West a distance of• 204.73 feet; thence South 42 Degrees 06 Minutes 37 Seconds West a distance of 62..33 feet; thence ;south 54 llegrcen 22 Minutes 26 Secpnrlc WptiC a distance of 52.50 feet; thence South 47 Degrees 41 Minutes 00 Seconds West a distance ~f 35.65 feet t0 the. Sour.hwesre.rly corner of said . Annexation Baintcr 1 79, being also Northwesterly corner of Annexation Eainter 1985-1; thence Southwesterly along the Westerly line of said Annexation 1955-7, South 32 Ucgrees.42 Minutes Oo Seconds we~+. u distance of 206.24 feet; thence South 56 begr.P.PS 30 Minutes 00 Seconds West a distance of 80.15 feet to the Truc Point of Beginning of this description. Containing 3.1u~ Acres, more yr less. EXHIBIT."A" ~~ N0.4953 'p` EXpiles 92131105 oaa , 2003-1. ~' ~ ~i~FCALIF P C~~~~ o~ ~~~~[ OO CCU °z 13777 FRUITVALE AVENUE • SARATOGA, CALIFORNIA 95070: (408) 867-3438 MEMORANDUM TO: John Livingstone, Community Development Department DATE: June 12, 2003 FROM: City Geotechnical Consultant SUBJECT: Preliminary Geologic Assessment of Proposed Annexation Area (50173) RE: 19370,19400 and 19418 Redberry Drive Assessor Parcel Nos. 510-24-003, 510-24-027, 510-24-002 Santa Clara County, California At your request, we have completed a preliminary geologic assessment of the following three properties: 19370, 19400 and 19418 Redberry Drive: We understand that the City is considering annexation of these properties. Our geologic assessment was performed in accordance with the scope of services outlined in our .proposal dated June 6, 2003. In performing this assessment, we have conducted several geologic field. reconnaissances, performed stereoscopic examination o£ historical aerial photographs, reviewed pertinent technical documents from our office files, and discussed preliminary findings with you. SITE CONDITIONS The subject properties are bounded on the north by Redberry Drive, on the south by a private driveway off of Bainter Avenue, and on the east and west by residential developments. The properties are characterized by moderately steep to very steep (15 to 60 percent gradient) north-facing hillside topography. Redberry Drive, extends along a narrow, east-draining canyon that forms the base of the north-facing hillslope. The rear (southern) limits of the properties roughly parallel the ridge crest in this area. Drainage is characterized by sheetflow toward the north, where it is intercepted by the tributary creek along Redberry Drive. This tributary conveys surface water to the main channel of San Tomas Aquinas Creek, which flows southeastward several hundred feet east of the subject properties. The subject property is underlain, at depth, by bedrock materials of the Santa Clara Formation (semi consolidated conglomerate, sandstone and mudstone). According to the City's Geologic Map of the Lowe Saratoga Hillside Area, the bedrock materials are overlain by adeep-seated, ancient landslide complex. (Ols). John Livingstone Page 2 June 12, 2003 50173 ~e landslide and bedrock materials locally are overlain by surficial materials, including colluvium and artificial fill, consisting of gravel, sand, silt, and clay. Mapped traces of the potentially active Berrocal fault and active San Andreas fault are located approximately 1,500 feet southwest and 3 miles southwest, respectively, from the subject property. .According to the City's ground movement potential map, the property is located in a zone classified as "Pd". The Pd category is defined as: "moderately to very steep slopes :underlain by relatively unstable .landslide debris, commonly more than 10 feet thick and susceptible to deep landsliding°. Geomorphic features, as based on our geologic. field reconnaissance and examination of aerial photographs, appear to support the deep landslide zonation depicted on the City's maps. Several steep, arcuate-shaped scarp features appear to lie upslope from corresponding, more moderately sloped terrain (probable landslide surfaces). However, detailed segmentation, characterization and evaluation of the landslide complex are beyond the scope of this assessment. Reconnaissance-level mapping of the creek and storm drain system along Redberry Drive reveal the potential for local erosion and flooding due to failed components of the system. Specifically, no culvert was observed beneath the driveway for 19418 Redberry Drive, although a 24-inch-diameter CMP-pipe discharges. into the creek about 50 feet downstream from the driveway. The culvert inlet has likely been buried or blocked, possibly during past driveway improvements; and surface water appears to pond and then flow over the driveway once the water rises to a critical elevation. In addition, the discharge (north) end of the 24-inch- diameter culvert (at 19383 Redberry Drive) that extends beneath Redberry Drive is crushed, and impedes flow at this location. The discharge end of the 36-inch-diameter culvert at 19351 Redberry Drive is also crushed and impedes flow. CONCLUSIONS Potential geotechnical constraints affecting long-term stability and performance of the existing developments include the potential for slope instability, adverse drainage conditions, and susceptibility to strong ground shaking. The potential for renewed landsliding should be considered to be moderate to high, ~n the basis of previous landslide movement in the area. However, we note that the residential developments on the properties appear to have performed adequately for the past several decades, and continued static stability generally is anticipated, if grading and drainage is properly controlled and evaluated. The proper collection, distribution and discharge of surface water, using impervious pathways and pipes to reduce John Livingstone June 12, 2003 Page 3 S0173 a infiltration and erosion, helps to prevent the weakening of subsurface materials through 'the build-up of~ ground water, Determination of the actual potential for. future slope instability would require an extensive program of data collection and analysis, and is beyond the scope of this assessment. The potential for strong ground shaking is not unique to these three properties. The latest scientific research indicates that a very strong earthquake (magnitude 7 or above) will likely occur in the San Francisco Bay Area within the next 30 years, and result in widespread, shaking-related damage. For new structures, the best mitigation measures for ground shaking involves proper siting, design and construction of new structures in accordance with modern .standards. For older structures, such as those currently present on the three subject parcels, seismic retrofit measures, in accordance. with commonly available guidelines, probably represent the best mitigation. The existing storm drain system along Redberry Drive is locally dysfunctional, and would require certain repairs in order to re-establish a coherent system, as well as subsequent maintenance. Mitigation measures would likely include the removal and replacement of buried or damaged culverts, and possible replacement of undersized pipes to improve flow. LIMITATIONS This Preliminary Geologic Assessment has been performed to provide technical advice to assist the City in its discretionary permit or annexation decisions: Our services have been limited to review of the documents previously identified, and a visual review of the properties. Our opinions and conclusions are made in accordance with generally accepted principles and practices of the geotechnical profession. This warranty is in lieu of all other warranties, either expressed or implied. SARATOGA CITY COUNCIL MEETING DATE: July 16, 2003 ORIGINATING DEPT: Community Development PREPARED BY: Thomas Sullivan,. AICP AGENDA ITEM:~_ ~~~/ i ~ CITY MANAGER: ,1=/~ DEPT HEAD: SUBJECT: Amendments to various sections of the R-1 (section 15-12, Design Review for Single Family Dwellings (section 15-45) and the Subdivision (Chapter 14) and Environmental Determination RECOMMENDED ACTION: Conduct the advertised Public Hearing; Adopt a Resolution Granting Negative Declaration of Environmental Impact, Introduce the Ordinance and Grant First Reading. REPORT SUMMARY: California Environmental Quality Act Staff has prepared an Initial Study of Environmental Impact and has determined that no significant environmental impacts will occur as a result of this set of Zoning Ordinance Amendments. This Initial Study is attached to this Staff Report along with a draft Resolution granting Negative Declaration status the project. Project Description In anon going effort to make the City of Saratoga processes and ordinances consistent with one another, Staff has presented to the Planning Commission and now to the Ciry Council a set of amendments to three sections of the Saratoga City Code. These sections are; 15-12 R-1: Single Family Residential Districts, 15-45 Design Review: Single Family Dwellings, and Chapter 14: Subdivisions: These three sections were selected as they are the most widely and often used portions of the Saratoga City Code. The three sections are also inter-related to one another. The proposed amendments not only move towards rectifying practices and the letter of the law but also provide much needed streamlining and clarification. Staff is recommending that the distinction for setbacks before and after May 15,1992, in the R-1: Single Family Residential District be removed.. The sections related to allowing commercial parking lots in residential areas are recommended to be removed. Staff is also recommending that section 15-45.030 (f), which penalizes floor area by 1.5~/o for every one foot of height over 18- feet be deleted. The Residential Design Handbook and the Design Review ordinance findings are far better guides to good design tham are arbitrary penalties. It is being recommended that the expiration of Design Review approvals be increased from two years to three years. It has become clear that due to the, complexity of the single family: dwellings designed and constructed in Saratoga along with the uncertain economic climate the two-year limit is not enough time: The requirement for a public hearing aone-year time extension is also recommended to be eliminated. Many of the application requirements that have been put in place by current Staff have been placed ih the proposed ordinance. These are simple items that if followed streamline the review process. The 50% percent rule for the reconstruction of existing dwellings has been clarified. In the Administrative Design Review section, the noticing requirement calls for the 10- closest properties to be noticed. Staff is recommending that the noticed area be enlarged to a radius of 250-feet. There are only three-types of amendments being proposed to be made to the Subdivision Ordinance; first is the removal of all references to Building Site Approvals; the second is simply updating the title from Planning Director to Community Development Director, the third type of amendment has to do with being gender correct.. The Subdivision Ordinance is over 50-pages in length, as such, only the individual sections proposed to be amended have been included in the Staff Report and attached Draft Ordinance. - Staff has provided the typical ~._.._i..~...,.,,ah for deletions and bold italic for additions. This seems the best method to present the proposed changes to the Commission. R-1: SINGLE FAMILY RESIDENTIAL DISTRICTS ORDINANCE SECTION i Article 15-12 R-1: Single-Family Residential Districts 15-12.010 Purposes of Article. 15-12.020 Permitted uses. 15-12.030 Conditional uses. 15-12.040 One dwelling unit per site. IS-12.050 Site area. 15-12.060 Density of hillside. subdivisions. 15-12.061 Location of building. sites.. 15-12.070 Site frontage, width and depth. 15-12.080 Site coverage. 15-12,090 Front yard, side-yards and rear yards. 15-12,100 Height of structures. 15-12.110 Accessory uses and structures. 15-12.120 Fences, walls and hedges. 15-12.130 Signs. 15-12.140 Off-street parking and loading facilities. 15-12.150 Design review. 15-12.160 Storage of personal property and materials. 15-12.010 Purposes of Article. 2 of 37 In addition to the objectives set forth in Section 15-05.020, the single-family residential districts are included in the Zoning Ordinance to achieve the following purposes: (a) To reserve appropriately located areas for family living at a reasonable range of population densities consistent with sound standards of public health and safety. (b) To ensure adequate light, air, privacy and open space for each single-family. dwelling unit. (c) To protect single-family dwellings from the congestion and lack of privacy associated with multi-family dwellings. (d) To provide space for community facilities needed to complement residential areas and for institutions, which require a residential environment. (e) To protect residential properties from the hazards, noise and congestion created by commercial and industrial uses. (f) To protect residential properties from fire, explosion, noxious fumes, noise, excessive light or glare and other hazards. 15-12.020 Permitted uses. The following permitted uses shall be allowed in the R-1 districts: (a) Single-family dwellings. (b) Accessory structures and uses located on the same site as a permitted use, including garages and carports, garden sheds, greenhouses, shade structures, recreation rooms, home hobby shops, cabanas, structures for housing swimming pool equipment, one second dwelling unit or one guest house. (c) Raising of fruit and nut trees, vegetables and horticultural specialties; not including nurseries, greenhouses or storage of landscaping equipment products or supplies for commercial uses. (d) Home occupations, conducted in accordance with the regulations prescribed in Article 15-40 of this Chapter. (e) Stables and corrals for the keeping for private use of one horse for each forty thousand square feet of net site area; provided, however, that in the equestrian zone only, one additional horse maybe permitted on the first forty thousand square feet of net site area, and an additional horse may be permitted for each additional forty thousand square feet of net site area. All horses shall be subject to the regulations and license provisions set forth in Section 7-20.220 of this Code. (f) Swimming pools used solely by persons resident on the site and their guests. (g) The keeping for private use of a reasonable number of domestic dogs, cats and other small mammals, birds, fish and small reptiles, subject to the regulations as set forth in Article 7-20 of this-Code, and subject also to the restrictions and standards prescribed in Section 15-11.020(h) of this Chapter. (h) Except as specified in section IS-12.030, recreational-courts, to be used solely by persons resident on the site and their guests. 15-12.030 Conditional uses. The following conditional uses may be allowed in the R-1 districts, upon the granting of a use permit pursuant to Article 15-55 or Article 15-56 of this Chapter: • (a) Accessory structures and uses located on the same site as a conditional use. (b) Community facilities. (c) Institutional facilities. 3 of 37 (d) Police and fire stations and other public buildirigs, structures and facilities. (e) Religious and charitable institutions. (f) Nursing homes and day care facffities, in excess of 6persons being cared for at the facility. (g) Public utility and public service pumping stations, .power stations, drainage ways and structures; storage tanks and transmission lines. (h) Recreational courts, to be used solely by persons resident on the site and their guests; where the lot is located in an R-1 district that is combined with a P-C district or eoir~ssiity° is part of a planned residential development. (i) Boarding stables and community stables, subject to the regulations prescribed in Section 7- 20.220 of this Code. (j) Model homes utilized in connection with the sale of new single-family dwellings in a subdivision, located upon a lot within the same subdivision or, in the discretion of the Planning Commission, upon a lot within another subdivision developed by the applicant, for such period of time as determined by the Planning Commission, not to exceed an initial term of one year and not exceeding a term of one year for each extension thereof. (k) Cemeteries. (I) One second unit, as authorized by a use permit granted pursuant to Article 15-56 of this Chapter. <<~~ac-oa«~:v--v~-ur~_av- ~v~Ycaiavcx~azau zip--a~:ui ux~corcuvic-cc-cna-~rvPcr~-y---ora~v~--mom. f9P~t3iba (-x) (m) Antenna facilities operated by a public utility for transmitting and receiving cellular telephone and other wireless communications. (Amended by Ord. 71-163 g 1(part),1996) 15-12.040 One dwelling unit per site. 4 of 37 e • Not more than one dwelling unit shall be located on each site, except for a second dwellingunit ~•~^~~~^a ~° ° • ^*°a pursuant to Article 15-56 of this Chapter. 15-12.050 Site area. The minimum net site area in each R-1 district shall be as follows: ~Inierior yiCorner ~ ~:,Flag ~~ Hillside R District 'Lot ~ ~ Lot ~ Lot ~Lo~- vi J R-1-10,000 110,000 sq. ft. '.12,000 sq. ft. '20,000 sq. ft. '40,000 sq: ft. 'R-1-12,500 1,12,500 sq, ft. ',15,000 sq. ft~ 120,000 sq. ft. 140,000 sq. ft. '; 'R-1-15,000 15,000 sq. ft. ,18,000 sq. ft. _ _ ',20,000 sq: ft. X40,000 sq. ft. R-1-20,000 20,000 sq. ft ~ '24,000 sq. ft. 120,000 sq. ft y!4Q,000 sq. ft. !R-1-40,000 '40,000 sq: ft. ~ 48,000 sq. ft. ;40,000 sq. ft. 140,000 sq. ft. 71.99 4 7, 15-12.060 Density of hillside subdivisions. In the case of a hillside subdivision, as defined in Section 14-10.140 of the Subdivision Ordinance, located within any R-1 district, the maximum number of dwelling units (density) shall be as follows: (a) Determination of density. Except as otherwise provided in subsection (c) of this Section, the maximum density of a hillside subdivision shall be determined by dividing the net site area of the property to be divided by the average acres per dwelling unit, rounding up to the next whole number where a fraction of more than .50 is obtained. (b) Average acres per dwelling unit. The average acres per dwelling unit shall be determined by the following slope/density formula: Average acres per dwelling unit = 1/1.089 - .01778 (S) Where: S =average slope in percent, as calculated in accordance with Section 15-06.630 of this Chapter. (c) Reduction of density. The City may require a reduction in the number of dwelling units below the maximum number otherwise permitted under subsection (a) of this Section if the City determines that such reduction is necessary. or appropriate by reason of site conditions including, but not limited to, s~ geologic hazards. 5 of 37 .7.,..;,.«,,,1 ,. «1,,, F;,,:.1 .,, 15-12.061 Location of building sites. The average natural grade of the footprint underneath any dwelling unit, swimming pool or other structure shall not exceed thirty percent slope, and no dwelling unit, swimming pool or other structure shall be built upon a slope which exceeds forty percent natural slope at any location under the structure between two five-foot contour lines, except that: (a) A variance pursuant to Article 15-70 of this Chapter may be granted where the findings prescribed in Section 15-70.060 can be made, and (b) An exception under Article 14-35 of the Subdivision Ordinance may be granted where the findings prescribed in Section 14-35.020 can be made. 15-12.070 Site frontage, width and depth. (a) The minimum site frontage, width and depth in each R-1 district shall be as follows:. -_ -- - -~ -Site 'Site ~Site_- ' 'District Frontage ',Width iDepth ~ - -i- i ~- v --I--- R-1-10,000 j60 ft. 85 ft. 1115 ft. ',R-1-12,500 ,65f~- i90 ft. i120 ft. ' R-1-15,000 X70 ft, j100 ft. 125 ft. R-1-20,000 X80 ft. ~ I110 ft. X140 ft. ~ R-1-40,000 ;~ X100 ft. 150 ft. ,150- (b) Notwithstanding the provisions of subsection (a) of this Section: (1) The site width of a corner lot shall be not less than one hundred feet. (2) The minimum site frontage on a cul-de-sac turnaround shall be sixty feet where seventy-five percent or more of the frontage abuts the turnaround. (3) The frontage and width of an access corridor to a flag lot shall be not less than twenty feet. 15-12.080 Site coverage. The maximum site coverage, as defined in section IS-06.620(, in each R-1 district shall be as set forth in the following table: • District Coverage (percent) ~ 6 of 37 ---~~_____-__-- R-1-10,000 T_'60 _ ____ IR-1-12,500 --------- - - _ IR-1-15,000 ''S5 ------ _.~--------------I -----,50 j _ 'R-1-20,000 _ ',45 (Amended by Ord. 71.99 4 8,1991; Ord. 71-11141,1992; Ord. 71-185 41 (part), 1998) 15-12.090 Front yard, side yards and rear yards. r1 U (a) The minimum yard requirements for all lots in the R-1 district, ~••~~'~ ~'~° °°^°~'~^^ ^F .,.i,.,,.,,.,,ai^.,.,.,.,,.,.,,,a,.r.,._,,n,...,~ ,nm are as follows: (1) Front yard. The minimum front yard of any lot in each R-1 district shall be the distance indicated in the following table: District Front Yard R-1-10,000 25 ft. R-1-12,500 25 ft. R-1-15,000 25 ft. R-1-20,000 30 ft. R-1-40,000 30 ft. (2) Side yards of interior lots. The minimum side yard of any interior lot in each R-1 district shall be the distance indicated in the following table for each side yard: First Floor Individual Second Floor Individual District Side Yards Side Yards R-1-10,000 l0 ft: 15 ft. R-1-12,500 10 ft. 15 ft. R-1-15,000 12 ft 17 ft. R-1-20,000 15 ft. 20 ft. R-1-40,000 20 ft. 25 ft. 7 of 37 (3) Side yards of corner lots. The minimum side yard of any corner lot in each R=1 district shall be the distance indicated in the following table: First Floor Second Floor First Floor Second Floor Interior Interior Exterior Exterior District Side Yard Side Yard Side Yard Side Yard R-1-10,000 10 ft. 15 ft. 25 ft. 30 ft. R-1-12,500 10 ft. 15 ft. 25 ft. 30 ft. R-1-15,000 12 ft. 17 ft. 25 ft. 30 ft. R-1-20,000 15 ft: 20 ft. 25 ft. 30 ft. R-1-40,000 20 ft. 25 ft 25 ft. 30 ft. (4) Rear yards of corner lots. The minimum rear yard of any corner lot in each R-1 district shall be the distance indicated in the following table: District First floor Second floor Rear Yard Rear Yard r~ LJ J R-1-10,000 10 ft. l0 ft. R-1-12,500 10 ft. 10 fe. R-1-15,000 12 ft. 12 ft. R-1-20,000 15 ft. 15 ft. R-1-40,000 20 ft. 20 ft. (5) Rear yards of interior lots. The minimum rear yard of any interior lot in each R-1 district shall be the distance indicated in the following table: First floor Second floor District Rear Yard Rear Yard R-1-10,000 25 ft, 35 £t. R-1-12,500 25 ft. 35 ft. R-1-15,000 30 ft. 40 ft. R-1-20,000 35 ft. 45ft. R-1-40,000 50 ft. 60 ft. 8 of 37 • l,.r,. ,...,.reA ., A,,,- TR.... 1 C 1x107 .. F 11....,,.• > > L;,-..« Ll,.,.~ T.,.7;.,;.7.,.,1 C.........7 Ll,...,. T,..7:..:.7,..,1 ~1$~1C-E S c,~ b lcc rzvow itttr Y7"tt n~ 'moo ~&€~- ~-5-£~- n~ '~9 i~ €~ ~~ nn l~n~o ~6 ~E ~--~-48;09g ~8-f~ z25-€~: Y~f1YC~~ ~3FEE3'}6E ~tC'L'~F ~2St3~ SiE~ ~ s~iE~ n lxcrino~vv ~ E ~5 -~ E: ~~ E ~ E ~ [~ D '1Dxc'r~z~w ttlY t ~ [~ ' tyY ' t L i~ -l t -, ^ C, z C' t ~ [ , D TicT1?vw 1Y - tr ~ [ , Y Y r : t ' c C Y~ t. ~ [ , z `F f'I t ~ [ . D 1xc~x-zv~wv -Y~.~~TrC ^ D l . ~ ~ [ ~ Y~t~YY[t ~ [ z~`CY[~t: ~ ~ [ z7 [ter . ~T- rv;vw ztl'it z7Tt- z7Yt 9C7t 9 of 37 z Fi~Aesr ~~ D -1xcr io voo z~l~ ~~ Y-y-;{_ DD lbw ~~ ~~ DD i~w E ~ ~ ~ ., [ D lx~-'r'tZVwo ~ t ~ ., r 9 Ti ~ ~ ~ r D lxc~x iivov ~ktY~ ^ C ~tYt~ c:_..« FI,..... 1'S1JtiLIVVI 19ist~ic~ c,.,,,...,7 Ll.....- oCCVI3RTSVVL D 1~- lt-i ~vno t 7Y ~, 97't~ C` 'f n D lz lc'x-ri wnv. ~c lY t, ~ ~ ~ t~ D 1xc-r cv J71 t v w ] t_ ~ SY t [[ ~/ ~/ ~/ ~ 1 ~ Yc'f'~VW 7tl'ft ~~ [[ tll'JTr (b)-{e) For the purpose of this Article, "vacant lot" means a parcel with no existirig single- family dwelling. (c) {~ Determination of yards for flag lots. On a flag lot with an average width that exceeds its average depth, the longer dimension may be considered the depth for the purpose of measuring the front, side and rear yards, unless to do so would adversely affect the lot's normal yard orientation in relation to adjacent lots. (Amended by Ord. 71.99 g 9,1991; Ord. 71-106 4 2,1992; Amended during 5/95 supplement: Amended by Ord. 205 4 2, 2002) 15-12.100 Height of structures. (a) No single-family dwelling shall exceed twenty-six feet in height and no other type of main structure shall exceed thirty feet in height. Exceptions to these limitations may be approved . pursuant to a Use Permit and Design Reviewissved in accordance with Article IS-SS ofthis 10 of 37 Code if the additional height is necessaryin order to adhere to a specific architectural style. The additional height may only be granted in the R-1 20,000 and R-1 40,000 zoned districts. The Staff and Planning Commission will use the `A Field Guide to fimerican Houses" and other resource material approved by the Planning Commission as resources documents to assess the purity ofarchitectural design. (b) No accessory structure shall exceed tie fifteen feet in height; provided, however, the Planning Commission may approve of an accessory structure extending up to ~ twentyfeet in height if the Commission finds and determines that: (1) The additional height is necessary in order to establish architectural compatibility with the main structure on the site; and (2) The accessory structure will be compatible with the surrounding neighborhood. (c) No structure. shall exceed two stories, except that pursuant to a use permit issued under Article 15-55 of this Chapter, athree-story structure maybe allowed for an institutional facility located upon a site designated for quasi-public facilities (QPF) in the General Plan, where the average slope underneath the structure is ten percent or greater and a stepped building pad is used. (Amended by Ord. 71.87 § 1, 1991) 15-12.110 Accessory uses and structures. Accessory uses and structures shall comply with the special rules as set forth in Section 15- . 80.030 of this Chapter. 15-12.120 Fences, walls and hedges. Fences, walls and hedges shall comply with the regulations set forth in Article 15-29 of this Chapter. 15-12.130 Signs. No sign of any character shall be erected or displayed in any R-1 district, except as permitted under the regulations set forth in Article 15-30 of this Chapter. 15-12.140 Off-street parking and loading facilities. Off-street parking and loading facilities shall be provided for each use on the site, in accordance with the regulations set forth in Article 15-35 of this Chapter. 11 of 37 15-12.150 Design review. The construction or expansion of any main or accessory. structure in an R-1 district shall comply with the applicable design review regulations set forth in Article 15-45 ~- ^~~~~a~-;o-;,f this Chapter. 15-12.160 Storage of personal property and materials. (a) ~ , ° ~G ~~•~ ~~-~~~~' ~-~~~-^~: Unenclosed storage of personal propertyis not.permitted in any R-1 district. (b) No portion of any required front yard, and no portion of any required exterior side or rear yard of corner lots, and rear yards of double frontage lots, except as hereinafter provided, shall for any period of time in excess of five consecutive days be used for the. unenclosed storage of any of the following; (1) Motor vehicles except automobiles in fully operational condition and can-ently registered and licensed for operation on public highways and in normal daily use by the occupants of the site. (2) Trailers of any kind or make. Camper units detached from the truck or other motor vehicle for which they are designed or customarily used shall be considered trailers for the purpose of this Section. (3) Boats. (4) Parts of any of the items of property described in{1), (2) or (3) of this subsection.. (5) Building or construction materials, except those materials reasonably required for work under construction on the premises pursuant to a valid and effective building permit issued in accord with Chapter 16 of this Code. (6) Trash, garbage or refuse, except as provided by Article 7-05 in Chapter 7 of this Code. Any of the foregoing items of property which have been stored on a site or yard described herein for less than five consecutive days and then removed, shall not again be stored on such site or yard unless in compliance with subsection (c) of this Section or pursuant to a temporary use. permit issued pursuant to subsection (d) of this Section. (c) The items of property described in subsection (b) of this Section may be stored in exterior side and rear yards of corner lots and rear yards of double frontage lots for periods in excess of five consecutive days where a fence has been legally constructed of sufficient height .and of a type which screens the stored property from public view and reasonably prevents such property from becoming °......,~e a nuisance. (d) The ~ Community Development Director shall have it authority, in cases of practical difficulty or hardship, to grant temporary use permits for storage of the items of property described in subsection (b) of this Section in front, side or real yards of sites for limited periods of time in excess of five consecutive days. Application for such storage permits shall be in writing, on forms furnished by the City, and any permit issued pursuant thereto shall be in writing, shall describe the personal property to be stored, and the location and time limit • of the storage. The ~n~ring-Biree~er Community Development Director may impose 12 of 37 reasonable conditions in any such storage permit, which shall be agreed to in writing on the face of the permit by the applicant prior to the permit being issued. (e) For purposes of this section, the term "unendosed storage" means storage of items which are not completely enclosed within a structure or completely screened from public view by a permanent solid fence or wall which structure, fence or wall has been constructed or installed in accordance with r~° ~~~^~~~*~~~~ ~~~*~~^°a ~~ Chapter 15 of this Code. (Amended by Ord. 71-156 41,1995) DESIGN REVIEW ORDINANCE SECTION Article 15-45 Design Review: Single-Family Dwelling 15-45.010 Purposes of Article. 15-45.020 Compliance with development standards. 15-45.030 Allowable floor area. 15-45.040 Setbacks. 15-45.045 Creek protection setbacks. 15-45.050 Underfloor clearance. 15-45.055 Residential Design Handbook. 15-45.060 Requirement for design review; public hearing. 15-45.065 Administrative design review. 15-45.070 Application requirements. 15-45.080 Design review findings. 15-45.085 Off Site Improvements 15-45.090 Expiration of review approval; extension; tolling of time period. 15-45.100 Replacement of destroyed structures 15-45.110 Appeals to City Council. 15-45.010 Purposes of Article. It is the policy of the City to review the proposed construction or significant expansion of single-family dwellings and certain accessory structures under circumstances where such structures iglu: have the reasonable potential to constitute an invasion of privacy, unreasonable interference with views, light orated air, aid or create adverse impacts upon the aesthetic character of neighboring residential structures. The purpose of this Article is to establish standards and procedures to be followed with respect to the design review of single- family dwellings and certain accessory structures to ensure that new development occurs in a manner, which is consistent with the objectives of this Chapter and the policies of the General Plan. 15-45.020 Compliance with development standards. No single-family main structure or accessory structure shall be constructed or significantly expanded within any A, R-1, HR, R-OS or R-M district unless the proposed structure or expansion complies with the floor area standards contained in Section 15-45.030 of this Article and the setback requirements contained in Section 15-45.040 of this. Article. In the event of a conflict between the floor area and setback requirements in Article 15-45 and the standards set forth in the R-OS zone district, the more restrictive standard shall govern. For the purposes of this Article, the terms "significantly expanded or "significant expansion" shall mean an 13 of 37 expansion exceeding 100 square feet. The Planning Commission shall have authority to grant a variance from such regulations pursuant to Article 15-70 of this Chapter. (Amended by Ord. 71.98 410,1991; Ord. 71.113 49,1992) 15-45.030 Allowable floor area. (a) Definition. As used in this Article, the term "allowable floor area" means the maximum gross floor area of the main structure (including any garage constituting a portion thereof), plus any accessory structures. For purposes of calculating allowable floor area, any space with an interior height of fifteen feet or greater shall be doubled. The allowable floor area is based upon the net site area sire and slope of the lot and the height of the main structure to be constructed or existing thereon as computed in accordance with the provisions of this Section. Net site area shall be calculated in accordance with section IS-06.620 of this Code. (b) Maximum standards. The standards set forth in this Section are intended to be maximum figures and the Planning Commission may, in considering any ease application, require that the floor area be reduced below the applicable standard if such reduction is necessary in order to make the findings prescribed in Section 15-45.080 of this Article. (c) Slope adjustment. If the average slope of the lot is more than ten percent, the net site area of the lot shall be reduced by a percentage amount based upon the average slope and calculated as follows: Average Slope of the Lot Percentage of Net Site Area to be Deducted 10.01--20% 10% plus 2% for each 1 percent of slope over 10%x 20.01--30% 30% plus 3% for each 1 percent of slope over 20%~ Over 30% 60% *Where the average slope is a fractional number, it shall be rounded up to the next whole number. (d) Floor area standards. After reducing the net site area by the amount required for the slope adjustment under subsection (c) of this Section, if any, the floor area standard for the lot shall be determined in accordance with the table set forth below: ie~ n,....,e. x~,.,... ,. ., ae,~ .....:.......:,F .. «,. ,.,,,.«:,:., i c nc ~~n rre. e:«e n..,.., ---._ ___._---. . __....._. .w____--~.._..__._____.~._..- -..._.___.._____.._._____._...__. _....._...~__...__ _. _ .._...... Size of Lot (Net Site Area) Floor Area Standard Less than 5,000 sq. ft. To be determined by Planning Commission 5,000--10,000 sq. ft. 2,400 sq. ft. plus 160 sq. ft. for each 1,000 sq. ft. of net site area over 5,000 sq. ft* ~.1 14 of 37 . 10,001 -15,000 sq. ft. 3,200 sq. ft. plus 170 sq. ft. for each 1,000 sq. ft. of net site area over 10,000 sq. ft.* 15,001 -40,000 sq. ft. 4,050 sq. ft. plus 78 sq. ft. for each 1,000 sq. ft. of net site area over 15,000 sq. ft.* 40,001--80,000 sq. ft. 6,000 sq. ft. plus 20 sq. ft. for each 1,000 sq. ft. of net site area over 40,000 sq. ft.* 80,001 -200,000 sq. ft. 6,800 sq. ft: p1us10 sq. ft. for each 1,000 sq. ft. of net site area over 80,000 sq. ft.* 200 000 + 8,000 sq ft. is the maximum allowable square footage. *4Vhere division of the net site area by 1000 results in a fractional number the product shall be rounded up to the next whole number. {#~ (e) Maximum floor area allowed for R-1, HR and A Zone districts. In the Zone Districts listed below the ~e maximum allowable floor area shall be the lesser of the Floor Area Standards or the Maximum Floor Area specified as-preserved in the following table: _ Zone District .. Maximum Floor Area L R-1--10,000 ' 4,400 R-1--12,500 4,830 R-1 -15,000 _ _- - --- 5,220 ---- - -- --- _ _ _ -- -- - - R-1--20,000 6,000 R-1--40,000 - . _ ._.._ 7,200 HR and A 8,000 7......«„ri :„ „„ n i 5n nnn D i rf cnn D i is nnn .... n t ~n nnn -,,. ,7' . ~e~ti~n lc n~ inn in,,.,,..a~a 7,.. r~..a ~i nn ~R ~n ~c inrn. n_,7 ~i o~ ~ n innn n lnm. nrd 7111' i_,._.\ inm... .,ao,~ a,,...,,,. cinc .. .,i,,,,,,,..«. n_,a ~i i~o R i innQ~ lY 15 of 37 tent nnn ce~h^,.b.. e > > > e e ~ f t,e;,.,,.;., e ^F o:,.,.. ^^., ~ e. in,,,e.,a^a t.,.n..a ~, nn a ~ G ,n n,. ~..a ~ , tie a ~ , nnQ~ u...b.a ... > >. r 15-45.045 Creek protection setbacks. (a) Purpose, application. Where a protected creek passes through or along a building site or is otherwise located on the site, and in order to provide for the future protection of creeks, including creek banks-and riparian habitat, building setbacks for any new construction shall be measured from the top of the creek bank(s) on the site rather than from the property fines of the site. The required setback shall be the minimum setback prescribed for the applicable zoning district. ^.,a ~>,,.n ., . >,,, ,.,.,.,,:_^a .;. >,,, .t,,, ..,.,,,..,._ t,:. ,. ^ >,,...,.a ,.^.t..,, ^t; (b) Existing structures. Any existing structure, which encroaches into the creek protection setbacks, shall be considered nonconforming, and shall be regulated by Article 15-65, I~TOnconforming Uses and Structures. Any new additions to an existing structure shall comply with the creek protection setbacks requirements. (c) Accessory structures. Accessory structures may be permitted within a the creek protection setbacks subject to compliance with the special rules as set forth in Section 15-80.030 of this Chapter. • (d) Location of top of creek bank. The site plans for the proposed new construction shall show the location of the top of the protected creek bank. "Creek bank" means the sides of a watercourse, the top of which shall be the topographic line roughly parallel to stream centerline where the side. slopes intersect ,the plane of ground traversed by the watercourse. Where creek banks do not distinguishably end, the City or Santa Clara Valley Water District shall determine the top of such banks. T~ ..t,,.n i.° ~>,., ,._..t;,:°~~ .,~...-.°..^, 15-45.050 Underfloor clearance. Each t~dl new single-family main s~t~es structure, accessory structures, or additions thereto, shall be designed. to follow the slope of the site so as to reduce the clearance between ground floor levels and natural or finish grade, whichever measurement is greater, to not more than five feet.-This does not apply xo any decks or lies balcony above ground floor level. µ>,t^ . ...,.t,;,..,.n ^r.,.., r:~.a;,,,.,.... r^_.t, :., c„^.:^,. ,~ n c nQn ^r ~t,:.. n_.;,.,,, (Amended by Ord. 71-106 4 8,1992; Ord. 71-178 ~ 3,1998) 15-45.055 Residential Design Handbook. All projects for the construction or expansion of asingle-family main structure or an accessory structure shall be consistent with the policies and implementation techniques described in the City of Saratoga Residential Design Handbook. ,u ~a^^~^a ~° r°°^'••~~^~ ^r ~~° ~~~°'-^••~^~t °••o '~~;;eel~ The Residential Design Handbook embodies and illustrates the intent of the • design review findings prescribed in Section 15-45.080 of this Article. A copy of the 16 of 37 • Residential Design Handbook shall be kept on file and available for public review at the offices of the Community Development Director: The Residential Design Handbook was adopted by the City Council on November 2,1988. 15-45.060 Requirement for design review; public hearing. (a) In each of the following cases, no building permit shall be issued for the construction; reconstruction or significant expansion of asingle-family main structure or accessory structure in any A, R-1, HR, or R-OS district until such structure has received design review approval by the Planning Commission pursuant to this Article: (1) Any newmulti-story main struetureor multi-story accessory structure. (2) Any conversion of a single-story structure to a multi-story structure; except where such conversion does not. result in any exterior modifications to the existing structure beyond the installation of skylights in the roof. (3) Any new single-story structure or addition to a single story structure over eighteen feet in height. (4) Whenever design review is specifically required under the terms or conditions of any tentative or final subdivision map, baflt~g-see-~"zppreval, use permit, variance or conditional rezoning. (5) Any main structure to be constructed upon a lot having a net site area of less than five thousand square feet. (6) Whenever, as a result of the proposed construction, reconstruction or expansion, the gross floor area of all structures on the site will exceed six thousand square feet. oo,7e,7 .. ... .,, co,...,.., 7 c Ac !1'2!1/.7\ ..Ctl.;.. A«ti..1., • (-8) (7) Whenever, in the opinion of the ~g Community Development Director, the construction, reconstruction or significant expansion of a main or accessory structure may be incompatible with the neighborhood, or may create a perception of excessive mass or bulk, or ma onably interfere with views or privacy, or may cause excessive damage to the natural ~renment, r may result in excessive intensification of the use or development of the site. (8) Whenev r as a result of reconstruction, replacement or expansion of a single story structure ov r eighteen feet in height ormulti-story main or accessory structure more than SO% of exi ring exterior walls are removed or altered. The reconstruction of more than 50 % of th fisting exterior walls ofa single story structure over eighteen feet in height or a multi ory main structure or an accessory structure shall be processed as new etion and considered a new structure. A public hearing on the application for design review approval under this Article shall be required. Notice of the public hearing shall be given not less than ten days nor more than thirty days prior to the date of the hearing by mailing, postage prepaid, a notice of the time and place of the hearing to the applicant and to all persons whose names appear on the latest available assessment roll of the County as owning property within five hundred feet of the boundaries of the site which is the subject of the application. Notice of the public hearing shall also be published once in a newspaper having general circulation in the City not later than ten days prior to the date. of the hearing. (Amended by Ord. 71.98 4 11,1991; Ord. 71.113 410,1992; Ord. 71- 179 41,1998) . 15-45.065 Administrative design review. 17 of37 {a) In each of the following cases; no buffding permit shall be issued for the construction, • reconstruction, replacement or significant expansion of asingle-family structure or structure in any A, R- 1, HR, or R-OS district until such structure has received administrative design review approval by the. Community Development Director, pursuant to this Article: (1) New single-story residences and accessory structures greater than 250 square feet in gross floor area. (2) Major additions in size; defined as: (a) The ad~itien expansion by or reconstruction of, fifty percent or more of an existing main or accessory structure. (b) eras A one hundred square feet or greater addition to or reconstruction to ofthe second story of a main or accessory structure. (c) The removal and replacement of fifty percent or more of the exterior walls of a main or accessory structure. (3) Addition of a basement to an existing structure and enlargement of basements. (b) The application for administrative design review approval shall comply with Section 15- 45.070. , •'~~ a' ~r•~ ~~' a^~^ ~~^ ^~^ r~~^ . The Community Development Director shall not grant design review approval unless the. findings set forth in Section 15-45.080 have been moray l~made. (c) If the Community Development Director intends to approve the application e-a~be apgreved, a "Notice of Intent to Approve" will be mailed to all t-he ~':,~g property owners within 250 feet of the subject property and to others as deemed appropriate. All R interested parties will have ~ 15-calendar days from the date of the `Notice of Intent to Approve"in which to review ee-al the application and provide written comments to the Community Development Director. The Community Development Director shall approve or deny the application within IS-days of the close of the review period and shall mail .notice of the decision to the applicant and to any party that has requested a copy of such notice. The Community Development Director's decision is appealable To the Planning Commission within IS-calender days of the Director's decision to approve the application. The Planning Commission at a public hearing will review any appeal. ^~- ~~~°~' °•~'~ '~^ •^a'~•• ~~•° "'^~~~~- ~^•~•~~^^~^~ ^~ ^ ~••'^'~^'•^~~~~^ Notwithstanding, Section 15-45.110 or Section 15-90.020, the decision of the. Planning Commission on the appeal shall be final and not subject to appeal to the City Council. (d) If the application is not approved by st-a€f the Community Development Director, then the applicant may file ^ ^~~-•a^-a a„^;;..: _„<.:o<,.......u^...;^,. an appealwithinl5 calendar days of the Community Development Director's decision or deadline to render a decision and have the application heard byge-tl~reagk the Planning Commission at a de novo public hearing ~eeess. U 15-45.070 Application requirements. • 18 of 37 . (a) Application for Design Review approval, or Administrative Design Review approval shall be filed with the "'~~~~~^'~~~^^~^- Community Development Director. ^~ ~~•~'~ c,......, ~~''° °'~~"~~~~~i~~. The application shall include the following exhibits: (1) Site plan showing property lines, easements and dimensions, all existing and proposed structure setbacks, building envelope, existing and proposed fencing, topography, location of all trees over twelve inches in diameter as measured two feet above grade, and areas of dense vegetation and creeks and creek banks. The site plan shall be oriented with north towards the top of the page. The scale of the drawing shall be clearly. noted. The site plan shall be prepared and stamped by a Licensed Land Surveyor or Registered Civil Engineer authorized to conduct surveys. (2) A statement of energy conserving features proposed for the project: Such features may include, but are not limited to, use of solar panels for domestic hot water or space heating, or production of electricity, passive solar building design, insulation beyond that required under State law, insulated windows, or solar shading devices. Upon request, the applicant shall submit a solar shade study if determined necessary by the n~g~~ CommvnityDev meat irector. (3) Architectural E elevations of the existing and proposed structures showing exterior aterials, roof materials and window treatment. The scale of the elevations shall be clearly no (4) Cross sections for all projects located on a hillside lot, together with an aerial photograph f the site if requested by the D~~ Community Development Director. The scale of the cross sections shall be clearly noted. . (5) Engineered grading and drainage plans, including cross sections if the stiucture in to be constructed on a hillside lot. Disposition of on-site storm water shall be consistent with the provisions of the Santa Clara Valley Urban Runoff Pollution Prevention Program requirements. The scale of thegrading and drainage plans shall be clearlynoted. (6) Floor plans that indicate total gross floor area, determined in accordance with Section 15-06.280 of this Chapter. A small-scale schematic demonstrating how the total floor area was calculated shall be provided. (7) Roof plans which showridges, valleys and skylights. (8) Landscape plans showing landscape design, plant selection and irrigation design that conforms to the provisions of.4rticle 15-47 of this code and with the provisions of the Santa Clara Valley Urban RunoffPollution Prevention Program requirements. (9) Preliminary title report, not more than six months old, shevaing listing all parties having anyinterest in the property. The preliminary title report shall also showa~ any easements, encumbrances and restrictions, which benefit or burden the property. (10) Such additional exhibits or information as may be required by the D Community Development Director in order to allow the City to determine whether the findings setforth in section IS-45.080 can be made. All exhibits shall be drawn to scale, dated and signed by the person preparing the exhibit. Copies of all plans to be submitted shall consist of two sets drawn on sheets eighteen inches by twenty-eight inches in size and eleven reduced sets on sheets eleven inches by seventeen inches in size. (11) A geotechnical clearance as defined in Section 15-06.325 of this Code, if required by the €~ginee~Public Works Director. (12) A written statement describing how the proposed project is consistent with the required design revfewpolicies and techniques shall be provided at the time ofapplicatfon. 19 of 37 (13) The cover or title sheet. shall contain a technical data box containing the following information: (a) Owners name, address and phone number. (b) The General Plan Land Use designation and Zoning of the property. (c) The Assessor`s Parcel Number of the property. (d) Gross and net site area of the property. (e) Site coverage, setbacks and floor area. (f) Square footage ofproposed new construction (g) Square footage ofany structures proposed to be demolished. (14) A written statement verifying that each adjoining landowner and the landowners in general vicinity have been consulted regarding the specific plans for the proposed project and describing the process used for these consultations. b) The application shall be accompanied by the payment of a deposit to cover the cost of processing the application. The amount of the deposit is set by City Council Resolution and may change from time ro time. All. time and material used to process the application shall be charged against the deposit. If during the processing of such proposed project the deposit amount has been reduced to 20% of the initial deposit amount an additional deposit will be required. If there are funds remaining after the proposed project has been approved the remaining funds shall be returned. fee, ~~ °••~'~ ~~~~••~~ ~~ ~°~,.~.';,.~.,.,a F~~- 15-45.080 Design review findings. . €eAewi;s Design Review or Administrative Design Review approval shall not be granted unless all of the following findings ha ve been made in the affirmative by the reviewing authority..• (a) Avoid unreasonable interference with views and privacy. The height, elevations and placement on the site of the proposed main structure or accessory structure, will avoid unreasonable interference with views and privacy, when considered with reference to: (i) the. nature and location of residential structures on adjacent lots and within the neighborhoods; and (ii) community viewsheds .,.:n ., ,.; a , ,,.,wi„ ;.,.,,,.r,,,;,,,,,,,, ,,,;.i.. ..a ,.~,,..,... (b) Preserve natural landscape. The natural landscape will be preserved insofar as practicable by designing structures to follow the natural contours of the site and minimizing tree and soil removal; grade changes will be minimized and will be in keeping with the general appearance of neighboring developed areas and undeveloped areas. (c) Minimize perception of excessive bulk. The proposed main structure or accessory structure in relation to structures on adjacent lots, and to the surrounding region, will minimize the perception of excessive bulk and will be integrated into the natural environment. (d) Compatible bulk and height. The proposed main structure or accessory structure will be compatible in terms of bulk and height with (i) existing residential structures on adjacent lots and those within the immediate neighborhood and within the same zoning district; and (ii) the natural environment; and shall not (i) unreasonably impair the light and/or air of adjacent properties nor (ii) unreasonably impair the ability of adjacent properties to utilize solar energy. (e) Current grading and erosion control methods. The proposed site development or grading plan incorporates current grading and erosion control standards adopted by the City and/or . imposed by the Santa Clara Valley Urban RzinoffPollution Prevention Program. 20 of 37 (f) Design policies and techniques. The proposed main structure or accessory structure will conform to each of the applicable design policies and techniques set forth in the Residential Design Handbook and as required by Section 15-45.055. (Amended by Ord. 71.99 4 27,1991) 15-45.0850ffSite Improvements: The findings specified in section IS-45.080 may be made subject to conditions reasonably related to the project and to the findings required for approval. Conditions may include, butarenotlimited to, thefollowing.• (a) Construction or repair of curb, gutters and sidewalks. (b) Water or sewermain extensions. (c) Storm drain mstallation. (d)Dedication of property or easements for utilities, street lighting, public right-of- way, trails, etc. (e) Installation ofstreet trees. (~ Completion ofstreet widening paving topropertyline. (g) Repair or reconstruction of street paving prior to the issuance of a certificate of occupancy. (h) Undergrounding of existing overhead utility lines from closest exiting distribution pole to the new structure. (i) Improvements to water delivery systems as required by the Fire District or Water Company to ensure both adequate domestic and f"ire flow. (j) Installation offire hydrants as required by the Fire District • 15-45.090 Expiration of Design Reviewapproval; extension; tolling of time period. (a) Each. Bdesign review approvals granted pursuant to this Article shall expire ~r thirty-six months from the date on which the approval became effective, unless prior to such expiration date a building permit is issued for the ~-~ ~'~~ ~•~'-~~~~ ,.r ~'~~ dam''-~ ~~' and construction t-ke~ee€lis commenced. ~a ~ ~°a a~'~~-°~~'•• . If such building permit expires, and the Building Official does not renew the building permit within 180-days after expiration, the Design Review approval shall expire. (b) A Bdesign review approvals may be extended for a period er~rieds-of twelve months t-i~ ::ot ~,.ccdi n'- ~°'°° ~~'~~. by the Community Development Director. Any the application for extension shall be filed prior to the expiration date, and shall be accompanied by the payment of a fee in such amount as established from. tithe to time by resolution of the City Council. n ~„w,:.. i.,.,...:.... ;.t.,.n t.:.....,a,,,..,.a ,.....,t,,:,. ,,,,,,_:,,,. ,. .,,,, ,, ,,,;,,,,.:,.., r,..... „~c,,,.r:,.., , c n c non/L\ „F .,.:.. n _.:,.i,. Extension of design review approval is not a matter of right and the approving authority may deny the application or grant the application saw subject to conditions. Neither the period of time specified in subsection (a) of this Section nor any extension period shall include the period of time during which a lawsuit involving the approval or conditional approval of the design review is or was pending in a court of competent (c) A lOdesign review approvals a~ in conjunction with an approved tentative subdivision map or approved use permit, or both, may be extended for a period or periods of time net 21 of 37 °°~,,,.aa..° '~~-^' ~~° M°~`~~ not to exceed the time authorized under section 14-Z0.080(b) or Section IS-55.090(b) of this Code, respectively. The application for extension shall be filed in the manner prescribed in; and shall be reviewed in accordance with the standards set forth in, Section 14-20.080(b) or Section 15-55.090(b) of this Code, respectively. (Amended by Ord. 71- 119 41(part),1993) 1 C. A C 1 h!~ D ...-.1.. ..............l a .. ..r.....,..a .. > e > v f e r , 15-45.110 Appeals to City Council. Except as otherwise specified in this Article, a ~ decision or determination made by the Planning Commission under this Article may be appealed to the City Council in accordance with the procedure set forth in Article 15-90 of this Chapter. SUBDIVISION ORDINANCE SECTIONS • 14-05.020 Purposes of Chapter. The purposes of this Chapter shall be to promote and protect the public health, safety and general welfare, including the following more specific purposes: (a) To regulate and control the division of land and the development of single undivided sites within the City. (b) To implement and supplement the provisions of the State Subdivision Map Act with respect to the design and improvement of subdivisions, the form and content of maps, and the procedures to be followed in securing approval by the Ciry of such maps ,.~a .r,„ a°.,..i,....:.,.,.,. ,.c ~~ (c) To promote orderly growth and development, preservation of open space, and proper use of land. {d) To provide for adequate services and public facilities and proper traffic circulation. (e) To implement the goals and policies of the City's General Plan and any applicable specific .plan. 14-05.030 Conformity with General Plan and Zoning Ordinance. 22 of 37 (a) Nothing contained in this Chapter, nor any act or forbearance done or permitted hereunder, shall waive or relieve compliance with any other ordinance of the Ciry. Neither final map b,._'~••~'~approval shall be granted for any lot, site or subdivision which is not in conformity with the Zoning Ordinance as contained in Chapter 15 of this Code, or which has been or is created in violation of such Zoning Ordinance, or which is not consistent with the General Plan or any applicable specific plan, or for any intended use which would not be in conformity with the district regulations in which said lot, site or subdivision lies at the time of final approval. (b) The advisory agency may, but need not, tentatively approve a map er-l~afl~lii3g-site for lot sizes or uses contrary to existing zoning regulations governing the lot, site or subdivision, in contemplation of a change in zoning regulations to make such lots onuses conform therewith, but only after recommending such change to the City Council after public hearing thereon in accord with the Zoning Ordinance, and so long as it is still consistent with the General Plan and any applicable specific plan. Any such tentative approval shall be at the sole risk of the subdivider or owner, and shall not become binding on the City for any purpose unless and until such change in zoning regulations is legally and finally adopted. 14-05.040 Designation of advisory agency. (a) The Planning Commission is hereby designated as the advisory agency for all decisions and determinations under this Chapter. (b) There is hereby delegated to the advisory agency the power to approve; conditionally approve or disapprove tentative maps ~~a u•.:'a:~T ~~ ~ together with. extensions and modifications thereof, the power to determine consistency or lack of consistency of a proposed tentative map sr'~••"''-g~ite with the General Plan and any applicable specific plan, and without limiting the foregoing, the power to make the determinations prescribed in Sections 66473.5, 66474 and 66474.6 of the Subdivision Map Act 14-05.050 Fees and deposits. (a) Each applicant for any approval or other action pursuant to this Chapter shall pay to the City such fees and deposits as established from time to time by resolution of the City Council, including, but not limited to the following: (1) Filing fee for the processing and review of the application. (2) Deposit for the cost of noticing any public hearing to be conducted. (3) Environmental assessment fee and deposit for the cost of an environmental impact report, if required. (4) Public health service fee. (5) Administrative fee and deposit for the cost of geological analysis, if required. (6) Improvement plan checking fee. (7) Inspection fee. (S) Map checking fee. (9) Storm drainage fee, if applicable. (10) Park and recreation fee, if applicable. (11) Street light service and energy fee, if applicable. 23 of 37 (12) Fire hydrant service fee, if applicable: (13) Recording fees. Such fees and deposits or portions thereof shall be paid at the time or times specified in the resolution of the City Council, or if not so specified, at the time or times as .determined by the Pl;xu~ Community Development Director. The Applicant shall also pay to the City, at such time as specified by the 41~~~'~^-T"~°^*o= Community DevelopmentDirectorany fees and costs as may be charged by other public agencies for the review of any application, drawing, plan or other document submitted pursuant to this Chapter which is furnished by. the City to such other agencies for comment or approval. 14-05.060 Exclusions from Chapter. This Chapter shall norapply to any of the following: (a) The financing or leasing of apartments, offices, stores or similar space within apartment buildings, industrial buffdings, commercial buildings or mobile home parks, or the financing or leasing of existing separate commercial or industrial buildings on a single site. (b) Mineral, oil or gas leases, (c) Land dedicated for cemetery purposes under the State Health and Safety Code. (d) The construction, financing or leasing of a second unit for which a use permit is granted pursuant to Article 15-56 of the Zoning Ordinance, but this Chapter shall be applicable to the sale or other transfer of ownership of such units where the sale or transfer does not include the entire site upon which the second unit is located. (e) Short term leases, terminable by either party on not more than thirty days notice in writing, of a portion of the operating right-of-way of a railroad corporation defined as such by Section 230 of the State Public Utilities Code. (f) Any division, conveyance, development, financing or leasing of land by the City. (g) Land conveyed to or from a governmental agency, public entity (other than the City) or public utility, or land conveyed to a subsidiary of a public utility for conveyance to such public utility for rights-of-way; unless it is determined by the P~a~i~.g moo= Community Development Director that the public interest or public policy requires the application of this Chapter to such conveyance. 14-10.020 Advisory agency. "Advisory agency" means the official body charged with the duty of making investigations and reports on proposed subdivisions ~~~' '~•~;',a;~.. ~~•°~, imposing requirements or conditions thereon, and having the authority to grant or deny tentative subdivision approval. The advisory agency shall bed the Planning Commission ^~ ~'•° c:.,, D,;..:°••• tea, as designated in Section 14-05.040 of this Chapter. 14-10.090 Final map. "Final map" means a map showing a subdivision er'~••~'-n~c for which a tentative and final map is required by the Map Act or this Chapter, prepared and approved in accordance with the 24 of 37 . provisions of the Map Act and this Chapter and designed to be recorded in the office of the County Recorder. 14-10.330 Tentative map; vesting tentative map. (a)Tentative map means a map made for the purpose of showing the design and improvement of a proposed subdivision er-l~~K~ and the existing conditions in and around it. r U t~;,- ~r 25 of 37 f,.r ,.,...,1,. ., ..rt..... ,.:..1.«.. ~f ..;.,,. 1.,, :,..,.1;,..,,,r ,.1,..11.1,,,,,,, .1„1, ,. «.,.1 ., :rr.~,. :«, ~««,.,.. o.,«,,,..1,:.,.. ~,...7, .lo.l:.... r;.,,._ !z\ Ai.. - ,.f .. ,.ff _,.:ro ,1.1:.. f....;1;«., 0.7 ..1,,.1; 1.,, ~z > e e e e o r r~ U 14-15.030 Building and grading permits. No building or grading permit shall be issued for construction of improvements upon any site for which a subdivision map s~te approval is required under this Chapter, until an approved final map has been filed for record with the County Recorder. , ~~ra 14-15.040 Certificates of occupancy. No final certificate of occupancy shall be issued until all streets, curbs, gutters, utility services,. sewer and storm drain facilities and other subdivision or site improvements as required by the tentative map ^- «~~«~«'• ~'~••~la~~'- ~~«° approval, are installed and completed to the satisfaction of the City Engineer and the °~~ Community Development Director 14-20.010 Application of Article. The procedures and requirements set forth in this Article-shall apply to all applications for • tentative subdivision map approval ~~a r°~~,.~:-..1-•.;1.1<~,. ..:~° ,:~~_^,,,.r 26 of 37 CJ 14-20.020 Preliminary geologic report. The Plann:rg Bi$2Cz~^vP Community DevelopmentDirectormay require the applicant to submit a preliminary geologic and soils investigation report on the site, prepared by a certified engineering geologist or a registered civil engineer qualified in soil mechanics, prior to the acceptance of any application for tentative map approval-for a hillside subdivision or ~~~r-- b•~~'a'~^ ~~~~ ~~~-^••~' for a hillside lot or in any other case where the D Community Development Director deems such report to be necessary or appropriate. The geologic and soils report shall fully and clearly present: 14-20.030 Filing application for tentative approval. A lications for tentative subdivision ma ~••~'a~r^ ~~~~ a royal shall be filed with PP P or t...«.t.:~~~ PP the P~~r Community Development Director on such forms as he or she may prescribe. The Community Development Director shall examine the application and the documents submitted therewith, and shall not accept the same until all of the requirements of this Article with respect to the form, content and number of maps, information to be furnished and documents to be submitted with the application have been fully satisfied and all fees and costs due and payable at the time of filing the application have been paid in full. The time of filing the application shall be the date on which the application is accepted by the • liter Community Development Director as being complete. 14-20.040 Contents of application. Eighteen copies of the proposed tentative subdivision map, ^~ ^;a~^~^~ ^^p;,... ^F ~ ~^~'~ .a_,..-.;„o s£-the ~ ~~a '~••"-"~^ ~ ~''° ^ '-^, shall be submitted to the Community Development Director'_"_~~n'.... °_^o TM'°~_.?~°_^=:. Additional copies may be required for transmittal to the designated official of any adjoining local agency, which has requested the same as provided in the Map Act. In the event the State Department of Transportation has filed the requisite map with the City relating to existing or proposed State highway routes. upon which it believes subdivisions would have an effect and the property is located within the area covered by such map, two additional copies of the tentative map or b;:ilding ~~~~ shall also be filed, which shall be transmitted by the advisory agency to the district office of such Department with a statement that the advisory agency will consider any recommendation of said Department made within fifteen days after receipt by it of said copies of the map ^_ i...,na;.... °'~~ a..,..,,:-~ The tentative map ^-'~••°a~~^ ~~~~ a..,,•,.;..,. shall be clearly and legibly drawn by a registered civil engineer or licensed land surveyor. It shall have a dimension of not less than eighteen inches by twenty-six inches, and the scale shall be as follows: One inch shall be equal to twenty feet for a subdivision. °°- ~••~'•,-sicc of two or less acres; one inch shall be equal to fifty feet for a subdivision ^~'~••~'g-sip of two acres through twenty acres; and one inch shall be equal to one hundred feet for all subdivisions ^•-'~•~~'~ over twenty acres in area. The tentative map ~'~••"-"•-~ ~~~~ -'-~~-~'~-shall contain, or be accompanied by, the following information: • (a)The name of any existing recorded map applicable to the subdivision e~-site, the date of recording such map, and the book and page of the official records where such map is recorded. 27 of 37 (w) A preliminary geologic and soils report as described in Section 14-20.020 of this, Article, • unless such report has already been furnished prior to the filing of the application; provided, however, where the average .slope of the proposed subdivision er-mite .does not exceed ten percent; the nr,.~ Community Development Director may require such report to be submitted with the improvement plans for the subdivision or site as part of the application for building permit; and provided, further, that the ~~~ Community Development Director may waive the requirement of a preliminary geologic report if he or she determines that, due to the available knowledge of the City as to the soil qualities of the site, no such preliminary geologic report is necessary. z) When requested. by the Community Development Director, a scale drawing of the surrounding area for a distance of at least five hundred feet from each boundary of the proposed subdivision or building site, indicating the names and last known addresses of the owners of all property located within five hundred feet of such boundaries, as shown the latest available-assessment roll of the County. In addition to the foregoing; .the °~~~^~oi Community Development Director may require the applicant to submit such additional maps, documents, information and materials as the Community Development Director .deems necessary for the review, processing and evaluation of the proposed tentative map sr'~•~~',~din~capproval. If any such additionalmaps, documents, information or materials are required, the Director shall so advise the applicant in writing within thirty days from the filing of the application 14-20.050 Distribution for review; departmental reports. • (a) Distribution. Upon receipt of the application and acceptance thereof as being complete, the Dlann'~=n~-n;~r Community Development Director shall distribute the map or site drawing and accompanying documents to the following persons and agencies: (b) Departmental reports. Upon receipt of the map or drawing and other documents, each of .said persons and agencies shall make an investigation and written report to the advisory agency, setting forth any recommended conditions. The Dom;? ~~~z Community Development Director shall also cause a written staff report to be prepared and submitted to the advisory agency and shall furnish the applicant with a copy of such report not later than three days prior to any hearing on the application to be conducted by the advisory agency. The reports referred to herein shall include; but need not be limited to, the following: 14-20.060 Public heazing by advisory agency; notice. The advisory agency shall conduct a public hearing on the application for tentative subdivision or~ii~approval. Notice of the hearing shall be given not less than ten days nor more than thirty days prior to the date of the hearing by mailing, postage prepaid, a notice of the time and place of the hearing to the applicant and to all persons whose names appear on the latest avaffable assessment roll of the County as owning property within five hundred feet of the boundaries of the subdivision or site which is the subject of the application. Notice of the public hearing shall also be published once in a newspaper having general circulation in the City not later than ten days prior to the date of the hearing. . 28 of 37 • 14-20.070 Action by advisory agency; findings. (a) Within fifty days after the application is accepted as complete, unless such. time is extended by mutual consent of the advisory agency and the applicant, the advisory agency shall approve, conditionally approve or disapprove the application for tentative map er'-•~~'-approval, and shall report such action to the applicant. A copy of said report shall be kept on file in the City offices for a period of not less than five years, and in all events, until final acceptance of construction of improvements and the termination of the applicant's responsibility to maintain such improvements. 14-20.080 Expiration of tentative approval; extensions. (a) An approved or conditionally approved tentative subdivision map ^~'~•~~'~approval shall expire twenty-four months from the date on which the advisory agency, or the City Council on appeal, granted its approval or conditional approval. (b) An extension of the expiration date may be granted by the advisory agency for a period or periods of time not exceeding thirty-six months. The application for extension shall be filed prior to the expiration date, and shall be accompanied by the payment of a fee in such amount as established from time to time by resolution of the City Council. A public hearing shall be conducted on the request for extension and notice thereof shall be given in the same manner as prescribed in Section 14-20.060. of this Article. Extension of tentative map o~ '~~~~'~-ona~ • approval is not a matter of right and the advisory agency may deny the application. 14-25.070 Preservation of existing trees. (a) No native, ornamental or orchard trees required to be shown on the application for tentative map. ^~'~~~~'~approval under Subsection 14-20.040(v) of this Chapter shall be removed or destroyed without a prior permit to do so issued by the °~~ Community Development Directorpursuant to Article 15-50 of the Zoning Ordinance, unless such removal is specifically authorized as part of the tentative approval granted under this Chapter. No such trees may be removed or destroyed prior to the filing of an application for tentative map e~ '~~~~',approval with the intent of circumventing the requirements of this Chapter. (b) The advisory agency may deny approval of any application for tentative map e~ ~g~-s~approval, and revoke any previous such approval, upon the violation of this Section by the subdivider or owner. (c) The approval of a tentative map ^~''~~~'sicc by the advisory agency shall automatically constitute authorization to remove all trees within all portions of street rights-of-way which are to be improved, and to remove trees from the area as designated by the subdivider or owner to be covered by the envelope of the proposed structure or structures to be erected on the lot or site, and the area of the proposed driveway on the lot or site. . 14-25.080 Park and recreation dedication and fees. 29 of 37 (a) Purpose, application and exemptions. As a condition of each final map approval, and to be detailed in the conditions of tentative map ,every subdivider or owner shall be required to, and shall dedicate a portion of land or pay a fee in lieu thereof, or a combination of both at the option of the City, for the purpose of providing park or recreational facilities reasonably. related to serving the development and in accord with the standards and provisions as hereafter set forth. The provisions of this Section are enacted pursuant to Section 66477 of the Government Code and are hereby found to be in accord with the recreational element of the General Plan. The requirements of this Section shall not apply to any of the following: c) Fees in lieu of land dedication. In the event there is no park or recreational facility designated in the recreational element of the General Plan to be located in whole or in part within the proposed subdivision oYsite, or in the event that the proposed subdivision contains fifty or less lots or parcels, then the subdivider or owner shall pay a fee to the City in lieu of dedicating land, which shall be in an amount equal to the fair market value of the amount of land which would otherwise be required to be dedicated pursuant to Paragraph (b) of this Section. "Fair market value", as used herein; shall be either the average estimated fair market value for all residentially zoned real property located in the City, or the fair market value of the land in the subdivision or site, based upon its then assessed value modified to equal market value in accord with the current practices of the County assessor and as determined by the °~t~; CommranityDevelopment Directorwhichever shall be the greater. (f) Property not included in General Plan. Where the proposed subdivision ^-'~•~~'~c lies within an urban service area not yet shown and delineated on the General Plan of the Ciry, • by reason of it not having been a part of the Ciry at the time of the adoption of the General Plan, but intended to be included within the General Plan, the subdivider or owner shall dedicate land, or pay a fee in lieu thereof, or both, in accord with the adopted park and recreational policies and standards of the General Plan and the provisions of this Section, and whether land dedication, or fee in lieu thereof, or a combination of both shall be required, shall be determined upon consideration of the following: 14-25.090 Reservations. (a) Requirement for reservation of land. As a condition for tentative map er~~e approval, the advisory agency may require the subdivider or owner to reserve an area or areas within the subdivision or site for parks, recreational facilities, fire stations, libraries or other public uses, according to the standards and conditions set forth in this Section. (c) Contract with City. At the time of final map ^r'~~•~'~~approval, the City shall enter into a binding agreement to acquire the reserved larid within two years after the completion and acceptance of all improvements, unless such period of time is extended by mutual agreement. The purchase price shall be the market value of the reserved. land at the time of filing the application for tentative map'~•~~'~approval, plus taxes against the reserved land from the date of the reservation and any other costs incurred by the subdivider or owner in the maintenance of the reserved land, including interest costs incurred on any loan covering the reserved land. (e) Other authority not limited. The authority of the City under this Section is additional to all . other authority under this Chapter, or granted by law to local agencies, relating to subdivisions 30 of 37 . ae~ approvals and shall in no way be construed as a limitation on or diminution of any such authority 14-25.100 Site development plan: (a) Site development plan required. At the time of filing an application for tentative map approval for a hillside subdivision, or any subdivision containing a hillside loth r,.,. ' ~ t...:',a;.,,. ~ •°' f~- ° '~~"~~a° '~~ the applicant shall also submit a site development plan for the subdivision or lot. In addition, the p~n~ir~g-Bi~ar Community Development Director or the advisory agency may require a site development plan to be furnished for any commercial or multi-family project or because of the peculiarity of the terrain or changes in grade or other circumstances relating to the site or the surrounding area although the average slope of the subdivision, lot or site does not exceed ten percent. (b) Form and content of site development plan. The site development plan may be incorporated into and constitute a part of the tentative map or'~~~~'~ drawing, or it may be submitted as a separate document. The site development plan shall include the following: (1) A legible site plan showing any or all of the following information, as may be required by the n~,ing~~ Community Development Director existing and proposed location of all streets, sidewallzs, on-street and off-street parking, bicycle paths, riding trails, hiking trails, buildings and other man-made structures; areas of soil stability; planting; typical architectural elevations sufficient to show building height, materials, colors and general design; and a table listing land coverages by percentage and acreage for the following: Open space (landscaped and natural), coverage by principal and accessory structures, parking (covered; uncovered, off- . street), streets, sidewalks, paths and recreational facilities. (c) Approval of site development plan. Where a site development plan is required to be filed in accord with this Section, no *°~~~'~•~° ~~~° ~~~-~•~~' ~~° tentative subdivision map approval shall be granted by the advisory agency until tentative approval thereby of the site development plan, which approval may be prior to or simultaneously with the approval of the tentative map. At or prior to the filing of the final map with the City for approval, a final site development plan shall be prepared and fffed with the D~~ Community. Development Director substantially. in accord with the approved tentative site development plan. Where a site development plan is required to be filed in accord with this Section, no r,..,.' ~~~ ~-~~' ~~- final subdivision map approval shall be granted by the City Council unless and untff the. final site development plan is submitted to the D~.~..:„o= Community Development Director and approved by said Director. Notwithstanding the foregoing, if in the opinion of the advisory agency it would be preferable to postpone that portion of the site development plan which would consist of the final grading plan at the location of each building site, the same may be postponed so long as a notation of such postponement is placed upon the face of the final subdivision or parcel map, in which case no building permit may be issued for any site unless and until a subsequent final grading plan is submitted to and approved by the advisory agency. . 14-25.110 Early warning fire alarm system. 31 of 37 (b)Residential structures. As a condition for tentative map under this. • Chapter, the advisory agency shall require the installation of an early warning fire alarm system in accordance with Article 16-60 in Chapter 16 of this Code, and the connection of such system to the digital alarm communicator receiver maintained by the Saratoga Fire District, in each of the following cases: (c) Commercial structures and community facilities. When so required by the Chief of the Fire District having jurisdiction over the project, the advisory agency shall impose as a condition for tentative map ^°'~••'~t~ approval under this Chapter, the installation of an early warning fire alarm system in accordance with Article 16-60 in Chapter 16 of this Code, and the connection of such system to the digital alarm communicator receiver maintained by the Saratoga Fire District, in new commercial structures or community facilities, or an existing commercial structure or community facility which is expanded by fifty percent or more in gross floor area. As used herein, the term "commercial structure" includes, but is not limited to, office buildings, retail stores, restaurants, repair shops, and industrial buildings,. and the term "community facility" includes, but is not limited to, schools, theatres, churches, meeting halls and conference centers. In determining whether to require installation of such system, the Fire Chief shall be guided by the following considerations: 14-30.030 Storm water and sewage. (d) Sanitary sewers. The subdivider or owner shall connect the subdivision and each of the lots . thereof or the building site to the facilities of such sanitation or sanitary district as has jurisdiction, by the installation of such additional mains and laterals as is necessary in the opinion of the Health Officer to adequately sewer the same by sanitary sewers. In the event the subdivision or the building site or any part thereof is not within the boundaries of a sanitation or sanitary district, the advisory agency may require annexation to or otherwise inclusion in such a district as a condition of tentative map ^_ ~.,.:~ approval. Sanitary sewers-shall be installed to grades, standards, location, design, lengths and sizes, as approved by the sanitation engineer for the district having jurisdiction, and in accord with all laws and regulations of said district. Other than as might be permitted under Article 14-35 of this Chapter, disposal of sanitary sewage may not be by septic tank methods, or any other method .other than by connection to a sanitary sewer system. 14-30.060 Trees. The subdivider or owner shall plant trees on each lot or site and maintain them for a minimum of one year after planting. All such trees shall be of a number, variety and type as determined or approved by the advisory agency, which may delegate such authority in any particular instance to the D~~~ Community Development Director.. Any such trees, which may be planted in a street right-of-way, shall constitute encroachments subject to removal in accordance with Article 10-20 in Chapter 10 of this Code. • 32 of 37 • e ~ ~ e > > . ' e . ' o e e e . ' ;F .....««t..+e.] •1.,. 1...:7,7:«... r ~ . ..~7..,« «.,«.«;t .«.... 1..., ; ..,.7 33 of 37 14-50.010 Application. Application for a lot line adjustment shall be filed with the hla~ixg~~ Community Development Director on such form, as he or she shall prescribe. The application shall be signed by the owners of all properties which are the subject of the proposed lot line adjustment. The p?ans~~~~~g Bir~z Community Development Director shall examine the application and shall not accept the same until all of the requirements of this Article with respect to the form and content of the application and the documents to be submitted therewith have been fully satisfied and all fees and costs due and payable at the. time of filing the application have been paid in full. The time of filing the application shall be the date on which the application is accepted by the D'~o= Community DevelopmentDirector asbeing complete. 14-50.020 Contents of application. (m) In addition to the foregoing, he n',,..,,:..o nTMr,.~....n=r~~~~~ Community Development Director may require the applicant to submit such additional documents, information and materials as the Director deems necessary for the review, processing and evaluation of the proposed lot line. adjustment. If any such additional documents, information or materials are required, the. Director shall so advise the applicant in writing within thirty days from the filing of the application. 14-50.030 Investigation and report by Community Development Director. (a) The phrr~{et Community Development Director may transmit a copy of the application to such persons and agencies as he or she may deem appropriate for review and recommendations thereon, including, but not limited to, the Health Officer, the Santa Clara Valley Water District, the sanitation and fire districts having jurisdiction, and any utility companies. (b) Upon receipt of any recommendations from the persons .and agencies referred to in subsection (a) of this Section and completion of his own review and analysis of the application, the p~~r Community Development Director shall cause a written staff report to 34 of 37 o____ __ __~ __ _- __~ ____- __ _r ___,_r___ .. be prepared and submitted to the advisory agency and shall furnish the applicant with a copy of such report not later than three days prior to the date on which the application is first considered by the advisory agency. 14-60.010 Improvement agreement. Prior to the commencement of any improvement work, the owner of the subdivision or building site shall enter into a written agreement with the Ciry, which shall contain the following provisions: (a) That all improvements will be constructed in accordance with the plans and specifications as previously approved by the City Engineer, .and will be satisfactorily completed within one year from the date of final subdivision ^~'~~•~'~c approval (or such other date as may be specified in the agreement). (g) Such other terms, covenants, conditions or provisions as the Ciry Council, the. City Engineer or the Plan..:,.,o= CommunityDeve]opmentDirectormay deem necessary or appropriate. 14-65.020 Notice of intended merger • Whenever the P~n~ning-Bireeter Community Development Director believes that a parcel or unit of land may satisfy the requirements set forth in Section 14-65.010 and ought to be merged, or whenever the Planning Commission or the City Council makes such determination and instructs the Piar~t-~ir~~~r Community Development Director to initiate proceedings under this Article, the Director shall cause to be mailed by certified mail to the then current owner of the property a notice of intention to determine status, notifying the owner that the affected parcels may be merged pursuant to the standards of this Article, and advising the owner of the opportunity to request a hearing on determination of status and to present evidence at the hearing that the property does not meet the criteria for merger. The notice of intention to determine status shall be filed for record in the office of the County Recorder on the date such notice is mailed to the property owner. 14-65.030 Request for hearing; notice. At any time within thirty days after recording the notice of intention to determine status, the owner of the affected property may file with the T'~i~r Community Development Director a request for a hearing on determination of status. Upon receiving such request, the Director shall fix a time, date and place for a hearing to be conducted by the Planning Commission and shall so notify the property owner by certified mail. The hearing shall be conducted not less than sixty days following the Director's receipt of the property owner's request therefor, but may be postponed or continued with the mutual consent of the Planning Commission and the property owner. 35 of 37 14-70.020 Form of petition; fee. (a) The petition shall be filed with the D'~°^~^.~^~~{ Community Development Director on such form as he or she may prescribe and shall contain or be accompanied by the following information: (1) Adequate evidence of title to the real property within the subdivision. (2) Sufficient data to enable the City Council to make all of the determinations and findings required by this Article. (3) A final map, which delineates dedications, which will not be vacated, and dedications, which are a condition to reversion. (4) Such other pertinent information as may be required by the D'~^^a~'~~-~~'~~°~°~ Community DevelopmentDirectoror the City Council. (b) The petition shall be accompanied by the payment of a processing fee, in such amount as established from time to time by resolution of the City Council, together with a.deposit for the cost of noticing the public hearing required under Section 14-70.030 of this Article. 14-75.030 Vacancy surplus required. (b) Prior to submitting the application for tentative map approval for a conversion to • community housing, the applicant shall furnish to the D7°^^~~~- T`~~°°~^~ Community Development Director a current survey of all .existing rental apartments and community housing units in the City, showing the vacancy rate. The form and content of the survey shall be subject to approval by the Director. The Director shall not accept the application unless the survey, as approved by the Director, establishes the existence of a vacancy surplus as required by xhis Article. 14-80.020 Rights of vesting tentative map; expiration and extension. (a) The approval or conditional approval of a vesting tentative map shall confer a vested right to proceed with the development in substantial compliance with the ordinances, policies and standards of the City in effect as of the time the application for tentative map approval was determined by the u',..,...~o T~_===~=~ Community Development Director to be complete; provided, however, in the event Section 66474:2 of the Government Code is repealed,-such .approval shall confer a vested right to proceed with the development in substantial compliance with the ordinances, policies and standards in effect at the time the vesting tentative map is approved or conditionally approved. 14-90.010 Duty to enforce. 36 of 37 • (b) Other than as set forth in Paragraph (a) of this Section, the ~ Community Development Director shall have the duty and responsibility to enforce the provisions of this Chapter. For this purpose, he or she may call upon the Community Service Officers to issue citations and upon the City Attorney to prosecute criminal proceedings and to institute civil proceedings to enforce this Chapter. FISCAL IMPACTS: None CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The various ordinances regulating single-family development will continue to be difficult to interpret and/or implement. ALTERNATIVE ACTION: The City Council could send all or part of the set of amendments back to the Planning Commission for additional study. FOLLOW UP ACTION: • Place the ordinance amendments on the Consent Calendar for second reading and adoption. ADVERTISING, NOTICING AND PUBLIC CONTACT: This agenda for this item was duly posted on July 10, 2003 and was advertised in the July 1, 2003 edition of the Saratoga News. ATTACHMENTS: 1. Draft Resolution granting Negative Declaration status to the Amendments 2. Initial Study 3. Draft City Council Ordinance Amending Section 15-12, 15-45 of the Zoning Ordinance and portions of Chapter 14. 37 of 37 ATTACHMENT 1 ~ • RESOLUTION NO.03- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA GRANTING NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT TO THE AMENDMENTS TO THE ZONING AND SUBDIVISION ORDINANCES OF THE SARATOGA CODE Environmental Determination for Amendments to Section 15-12 and 15-45 of the Zoning Ordinance and Chapter 14 (Subdivision Ordinance) WHEREAS, the City Council held a duly noticed Public Hearing at which time all interested parties were given full opportunity to be heard and to present evidence; and WHEREAS, the City Council has determined that there are no significant environmental impacts related to the amendments of the Saratoga Zoning and Subdivision Codes; and WHEREAS, the City Council has reviewed the information included in the Initial Study of Environmental Impact attached hereto. NOW, THEREFORE, the City Council of the City of Saratoga does hereby resolve as follows: . Section L After careful consideration of the information provided in the Staff Report, the Initial Study and from verbal testimony, the Ciry Council determines that there are no environmental impacts associated with the proposed amendments to the Zoning and Subdivision Section 2. Pursuant to the requirements of the Saratoga Ciry Code and the California Environmental Quality Act, this Resolution shall become effective fifteen (15) days from the date of adoption. PASSED AND ADOPTED by the Ciry Council of the Ciry of Saratoga, State of California on July 16, 2003 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Nick Streit, Mayor • ATTEST: Cathleen Boyer, Ciry Clerk n -_..J ATTACHMENT 2 ~ CITY OF SARATOGA INITIAL STUDY 1. Project Title: Application No. 03-052 -Zoning Ordinance Amendments regarding R-1, Design Review requirements and Subdivision Ordinance 2. Lead Agency Name & Address. City of Saratoga, Community Development Department 13777 Fruitvale Avenue, Saratoga, CA 95070 3. Contact Person & Phone # Thomas Sullivan, AICP 408.868.1232 4. Project Location Citywide 5. Project Sponsor's Name & Address: Saratoga Planning Commission 6. General Plan Designation: Not Applicable -Citywide 7 ~8 Zoning: R-1 Description of Project: (Describe the whole action involved, including but not limited to later phases of the project, and any secondary, support, or off-site features necessary for its implementation. Attach additional sheets if necessary.) The proposed Zoning Ordinance Amendment will include: revisions related to setbacks, height and submittal requirements 9: Surrounding land uses and setting: (Briefly describe the project's surroundings.) Not Applicable -the proposed basement standards would apply to all proposed developments in the R-1 Zones proposed citywide. 10. Other agencies whose approval is required (e.g., permits, financing approval, or participation agreemerit): No other agencies are involved. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: he environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "POTENTIALLY SIGNIFICANT IMPACT" as indicated by the checklist on the following pages. ^ Aesthetics ^ Agriculture Resources ^ Biological Resources ^ Culiural Resources ^ Hazards & Hazardous Materials ^ Hydrology/Water Quality ^ Mineral Resources ^ Noise ^ Public Services ^ Recreation ^ Utilities/Service Systems ^ Mandatory Findings of Signifcance ^ Air Quality ^ Geology/Soils . ^ Land Use/Planning ^ Population/Housing- ^ Transporlation/Traffic ^ None • 2 DETERMINATION: On the basis of this initial evaluation: ~ind that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION well be prepared. X I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required: I find that the proposal MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to tie addressed. I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. Signature Date Thomas Sullivan, AICP, Director Community Development Department Printed Name For VALUATION OF ENVIRONMENTAL IMPACTS: 1. A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact' question is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture tone). A "No Impact" answer should be explained where it is basedon project-specific factors as well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on a project-specific screening analysis). 2. All answers must take account of the whole action involved, including off-site as well as on-site, cumulative as well as project-level, indirect as well as direct, and construction as well as operations impacts. 3. Once the lead agency has determined that a particular physical impact may occur, and then the checklist answers must indicate whether the impact is potentially signif cant, less than significant with mitigation, or less than signif cant. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect may be signif cant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. 4. "Negative Declaration: Less Than Signifcant with Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less than Significant Impact " The lead agency must describe the mitigation measures, and briefly explain how they redubethe effect to a less than significant level (mitigation measures from Section XVII, "Earlier Analyses", may be cross-referenced.) 5. Earlier analyses maybe used where, pursuant to fhe tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration Section 15063(c) (3) (D). In this case, a brief discussion should identity the following: a) Earlier Analysis Used. Identify and state where they are available for review. b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation Measures. For effects that are "Less than Significant with Mitigation Measures Incorporated;' describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference tc a previous prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7. Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 8. The explanation of each issue should identify: a) the significance criteria or threshold, if any, used to evaluate each question; and b) the mitigation measure identified, if any, to reduce the impact to less than significance. a sues (and Supporting Information Services): Less Than Potentially Significant With Less Than No Significant Mitigation Significant Impact Incorporated Impact Impact AESTHETICS. Would the project: a) Have a substantial adverse effect on a scenic vista? (Source #1) X b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a scenic highway? (Source #2) X a) Substantially degrade the existing visual character or quality of the site and its surroundings? (Source #2) X d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? (Source #2) X Discussion of Aesthetics Impacts: There are no negative impacts related to aesthetics as the amendments will require closer adherence to acknowledged schools of architecture andmore detailed submittals. 11. AGRICULTURE RESOURCES: In determining whether impacts to agricultural resources are significant. environmental effects, lead agencies my refer to the California Agricultural Land Evaluation and Site . Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? (Source #1,2) b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? (Source #1,3) b) Involve other changes in the existing. environment, which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use. (Source #1) Discussion of Agriculture Resources Impacts: No discussion is required. X X X III. AIR QUALITY: Where available, the significance criteria established by the Bay Area Air Quality Management District (BAAQMD) maybe relied upon to make the following determinations. Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? (Source #6) X b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? (Source #ti) X Less Than Potentially Significant With Less Than No. . Issues (and Supporting Information Services): Significant Mitigation Significant Im ace Impact Incorporated Impact p c) Result in a cumulatively considerable het increase of any criteria pollutant for which the project region is non-attainment under arr applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for. ozone precursors)? (Source #6) d) Expose sensitive receptors to substantial pollutant concentrations? (Source #6) e) Create objectionable odors affecting a substantial number of people? (Source #6) X X X Discussion of Air Quality Impacts: The proposed Zoning Ordinance Amendments will simply provide a streamlined submittal requirements and specify planning review requirements. Therefore, the Zoning Amendments will have no additional impacts on dust or odor emissions that may occur during construction of basements. IV. BIOLOGICAL RESOURCES. Would the project: a) Have a substantial adverse effect, either directly through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Dept. of Fish and Game or U.S. Fish and Wildlife Service? (Source #4) b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local orregional plans, policies, and regulations or by the California Dept. of Fish and Game or U.S. Fish and Wildlife Service? (Source #4) c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? (Source #2) c) Interfere substantially with the movement of any native resident pr migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? (Source #4) X X X X e) Conflict with any local policies or ordinances s X • sues (and Supporting Information Services): it resources, such as a tree or ordinance? (Source # 4) Pofentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than No Significant Impact .Impact X f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? (source #4) X Discussion of Biological Resources Impacts: The construction of Single family homes is currently allowed per the City's Zoning Ordinance. Specific development projects will. be reviewed for environmental impacts depending on the project location in the City, and the surrounding environmental features. For example, if protected trees were in proximity to the project, then a City Arborist review would be required. V. CULTURAL RESOURCES. Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined in §15064.5? (Source #4) X • b) Cause a substantial adverse change in the significance of an archaeological resource as defined in §15064.5? (Source #4) X c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? (Source #4) X d) Disturb any human remains, including those interred outside of formal cemeteries? (Source #4) X Discussion of Cultural Resources Impacts: The proposed amendments will not impose any impacts on archaeological resources. However, specific projects may unearth unique cultural resources including human remains, in which case all construction activities is required to stop until the appropriate steps are taken. Any unique geologic features will be analyzed in the geologic reports prepared for a specific development project. VI. GEOLOGY AND SOILS: Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: (Source #4) i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Div. of Mines and Geology Pub. 42. X ii) Strong seismic ground shaking? X - Less Than Potentially Significant With Less Than No. • Issues (and Supporting Information Services): Significant Mitigation Significant Im ace Impact Incorporated Impact p - iii) Seismic-related ground failure, including liquefaction? X iv) Landslides? b) Result in substantial soil erosion or the loss of topsoil? (Source #4) c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? (Source #4) d) Be located on expansive soil, as defined.in Table 18-1-B of the Uniform Building Code (1997), creating substantial risks to life or property? (Source #2,4) e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? (source #4) X X X X X Discussion of Geology and Soils Impacts: The proposed Zoning Ordinance Amendments include a provision that all projects that require a geologic and geotechnical report will have one prepared by a certified/ registered professional and peer review conducted by the City Geologist. VII. HAZARDS AND HAZARDOUS MATERIALS: Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? (Source #4) b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment?.(Source #4) c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? (Source #4) d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Gov. Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? (Source #4) e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport br public use airport, X X X • X . sues (and Supporting Information Services): would the project result in a safety hazard for pe residing or working in the project area? (Source Less Than Potentially Significant nth .Less Than No Significant Mitigation Significant Impact Incorporated Impact Impact f) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? (Source #4) g) Expose people or structures to a significant risk of loss, injury, or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? (source #4) Discussion of Hazards and Hazardous Materials: No discussion is required. VIII.HYDROLOGY AND WATER QUALITY: Would fhe project: a) Violate any water quality standards or waste discharge requirements? (Source #4) b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge • such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? (Source #4) c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off-site? (Source #4) d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off- site? (Source #4) e) Create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff? (Source #4) f) Otherwise substantially degrade water? (Source #4) g) Place housing within a 100-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard X X X X X X X X X Less Than Potentially Significant With Less Than No Issues (and Supporting Information Services): Signiricant Mitigation Significant ~ Im act Impact Incorporated Impact p delineation map? (Source #5) X h) Place within a 100-yearfloor hazard area structures which would impede or redirect flood flows? (Source #5) i) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? (source #4) j) Inundation by seiche, tsunami, or mudflow? (source #4) Discussion of Hydrology and Water Quality Impacts: No discussion is required IX. -LAND USE AND PLANNING: Would the project: a) Physically divide an established community? (Source #1,3) X X X X b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning • ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? (Source #1, 2, 3) X c) Conflict with any applicable habitat conservation plan or natural community conservation plan? (Source #1, 2, 3) X Discussion of Land Use and Planning Impacts: The proposed Zoning Ordinance Amendments will provide Planning Staff and applicants clarity. The planning review requirements will address any environmental concerns.- such as groundwater and soils. The zoning amendments would therefore have a positive effect on the environment. X. MINERAL RESOURCES. Would the project: a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? (Source #1,4) X b) Result in the loss of availability of alocally-important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? (source #1,4) X Discussion of Energy and Mineral Resources Impacts: There are no known mineral resources within the City limits. r LJ XI. NOISE. Would the project result in: 10 Potentially Significant sues (and Supporting Information Services): Impace Less Than Significant lMth Less Than No Mitigation Significant Incorporated Impact Impact a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? (Source #1,2) b) Exposure of persons to or generation of excessive grdundborne vibration or groundborne noise levels? Source #1,2) c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? Source #1,2) d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? Source #1,2) e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? (source #1,4,6) discussion of Noise Impacts: No discussion is required. XII. POPULATION AND HOUSING: Would fhe project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? (Source #4) b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? (Source #4) c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? (Source #4) X X X X X X X X Discussion of Population and Housing Impacts: There will be no impacts on population growth caused by these amendments. XIII.PUBLIC SERVICES: a) Would the proposal result in substantial adverse physical impacts associated with the provision of • new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts; in order to maintain acceptable service ratios; response times tt - - Less Than Potentially Signifcant With Issues and Su ortin Information Services : Significant Mitigation ( PP 9 ) Impact Incorporated or otherperformana services: (Source #1 Fire Protection? Police Protection? Schools? Parks Other public facilities? Discussion of Public Services Impacts: No discussion is required. XIV. RECREATION: a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? (Source #4) b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? (Source #4) Discussion of Recreation Impacts: No discussion is required. XV. TRANSPORTATIONITRAFFIC: Would the project: a) Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? (Source #1,4) b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for tlesighated roads or highways? (Source #1,4) c) Result in a change ih air traffic patterns, including either an increase in traffic levels or a change in location that result in substantial safety risks? (Source #1,4) d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? (Source #1,4) Less Than. No Significant Impact. Impact for any. of the public X X X X X X X n X X X X tz sues (and Supporting Information Services): e) Result in inadequate emergency access? (source Less Than Potentially Significant With Less Than No Significant Mitigation Significant Impact Incorporated Impact Impact #2,4) X f) Result in inadequate parking capacity? (source #4) X g) Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? (source #4) X Discussion of Transportation/Circulation Impacts: No discussion is required.. XVI. UTILITIES AND SERVICE SYSTEMS. Would the project: a) Exceed wastewater treatment requirements of the Regional Water Quality Control Board? (Source #4) X b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? (Source ~) X c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? (Source #4) X d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? X e) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? X f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? (Source #4) X g) Comply with federal, state, and local statutes and regulations related to solid waste? (Source #4) X Discussion of Utilities and Service Systems Impacts: No discussion is required. XVII. MANDATORY FINDINGS OF SIGNIFICANCE. a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining 13 Less Than Potentially Significant With Less Than No Issues (and Supporting Information Services): Significane Impact Mitigation Significant Im ace Incorporated Impact p levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? X b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.) X c) Does the project have environmental effects, which will cause substantial adverse effects on human beings, either directly or indirectly? X SOURCE LIST: 1. City of Saratoga General Plan 2. City of Saratoga Municipal Code 3. City of Saratoga Zoning Ordinance. 4. Planner's knowledge of the proposed Zoning Ordinance Amendments 5. FEMA Flood Insurance Maps, Community Panel Numbers 060351 0001-0004,0004 C, 0002 C 6. Bay Area Air Quality Management District [BAAOMD] Guidelines to • ~ ATTACHMENT 3 DRAFT • ORDINANCE AN ORDINANCE AMENDING VARIOUS SECTIONS OF THE ZONING CODE. RELATING TO R-1 DEVELOMENT AND SUBDIVISION CODE RELATING TO THE ELIMINATION OF THE BUILDING SITE APPROVAL PROCESS. OF THE CITY OF SARATOGA THE CITY COUNCIL OF THE CITY OF SARATOGA DOES ORDAIN AS FOLLOWS: Section 1. Findings. The City Council finds and declares as following: A. The Planning Commission has conducted a public hearing to consider amendments to the zoning and subdivision codes with respect Single Family Dwelling Development, and Section 2. Adoption. R-1: SINGLE FAMILY RESIDENTIAL DISTRICTS ORDINANCE SECTION IS AMENDED TO READ: Article 15-12 R-1: Single-Family Residential Districts 15-12.010 Purposes of Article. 15-12.020Permitted uses. 15-12.030 Conditional uses. 15-12.040 One dwelling unitper site. 15-12.050 Site area. 15-12.060 Density of hillside subdivisions. 15-12.061 Location of building sites. 15-12.070 Site frontage, width and depth. 15-12.080 Site coverage. 15-12.090 Front yard; side yards and rear yards. i5-12.100 Height of structures. 15-12.110 Accessory uses and structures. 15-12.120 Fences, walls and hedges. 15-12.130 Signs. 15-12.140 Off-street parking and loading facilities. 15-12.150 Design review: 15-12.160 Storage of personal property and materials. r1 LJ . 15-12.010 Purposes of Article In addition to the objectives set forth in Section 15-05.020, the single-family residential districts are included in the Zoning Ordinance to achieve the following purposes: (a) To reserve appropriately located areas for family living at a reasonable range of population densities consistent with sound standards of public health and safety. (b) To ensure adequate light, air, privacy and open space for each single-family dwelling unit. (c) To protect single-family dwellings from the congestion and lack of privacy associated with multi-family dwellings. (d) To provide space for community facilities needed to complement residential areas and for institutions, which require a residential environment. (e) To protect residential properties from the hazards, noise and congestion created by commercial and industrial uses. (f) To protect residential properties from fire, explosion, noxious fumes, noise, excessive light or glare and other hazards. 15-12.020 Permitted uses. The following permitted uses shall be allowed in the R-1 districts: (a) Single-famffy dwellings. (b) Accessory structures and uses located on the same site as a permitted use, including • garages and carports, garden sheds, greenhouses, shade structures, recreation rooms, home hobby shops, cabanas, structures for housing swimming pool equipment, one second dwelling unit or one guest house. {c) Raising of fruit and nut trees, vegetables and horticultural specialties, not including nurseries, greenhouses or storage of landscaping equipment products or supplies fox commercial uses. (d) Home occupations, conducted in accordance with the regulations prescribed in Article 15-40 of this Chapter. (e) Stables and corrals for the keeping for private use of one horse for each forty thousand square feet of net site area; provided, however, that in the. equestrian zone only, one additional horse may be permitted on the first forty thousand square feet of net site area, and an additional horse maybe permitted for each additional forty thousand square feet of net site area. All horses shall be subject to the regulations and license. provisions set forth in Section 7-20.220 of this Code. (f) Swimming pools used. solely by persons resident on the site and their guests. (g) The keeping for private use of a reasonable number of domestic dogs, cats and other small mammals, birds, fish and small reptiles, subject to the regulations as set forth in Article 7-20 of this Code, and subject also to the restrictions and standards prescribed in Section 15-11.020(h) of this Chapter. (h) Except as specified in section 15-12.030, recreational courts, to be used solely by persons resident on the site and their guests. • 15-12.030 Conditional uses. The following conditional uses maybe allowed in the R-1 districts, upon the granting of a use permit pursuant to Article 1S-55 or Article 15-56 of this Chapter: (a) Accessory structures and uses located on the same site as a conditional use. (b) Community facilities. (c) Institutional facilities. (d) Police and fire stations and other public buildings, structures and facilities. (e) Religious and charitable institutions. (f) Nursing homes and day care facilities, in excess of 6 persons being cared for at the facility. (g) Public utility and public service pumping stations, power stations, drainage ways and structures, storage tanks and transmission lines. (h) Recreational courts; to be used solely by persons resident on the site and their guests, where the lot is located in an R-1 district that is combined with a P-C district or is part of a planned residential development. (i) Boarding stables and community stables, subject to the regulations prescribed in Section 7-20.220 of this Code. (j) Model homes utilized in connection with the sale of new single-family dwellings in a subdivision, located upon a lot within the same subdivision or, in the discretion of the Planning Commission, upon a lot within another subdivision developed by the applicant, for such period of time as determined by the Planning Commission, not to exceed an initial term of one year and not exceeding a term of one year for each extension thereof. (k) Cemeteries. (I) One second unit, as authorized by muse permit granted pursuant to Article 15-56 of this Chapter. (m) Antenna facilities operated by a public utility for transmitting and receiving cellular telephone and other wireless communications. (Amended by Ord. 71-163 41(part),1996) 15-12.040 One dwelling unit per site: Not more than one dwelling unit shall be located on each site, except for a second dwelling unit pursuant to Article 15-56 of this Chapter. 15-12.050 Site area. The minimum net site area in each R-1 district shall be as follows: • • ~ IInterior (Corner (Flag ~ ',Hillside !District ~~Lot (Lot ~Lot 'Lot I I ~---- ----- -----------; R-1-10,000 110,000 sq. ft. ;12 000 sq. ft. 20,000 sq. ft. '40,000 sq. ft. jR_1-12,500 12,500 sq. ft. 15,000 sq. ft. ~2 0 q. ft. !,40,000 sq. ft. - . _ . R _1-15,000 ;15,000 sq. ft _ 18,000 sq. ft. 20,000 sq. ft. _:40,000 sq. ft. _____ __ ~ __ _ R-1-20,000 '20,000 sq. ft. ,24,000 sq. ft. ;20,000 sq. ft. !40,000 sq. ft. 'R-1-40,000 !..40,000 sq. ft: 'r48,000 sq. ft. ~j40,000 sq. ft .40,000 sq. ft. (Amended by Ord. 71.99 4 7,1991) 15-12.060 Density of hillside subdivisions. In the case of a hillside subdivision, as defined in Section 14-10.140 of the Subdivision Ordinance, located within any R-1 district, the maximum number of dwelling units (density) shall be as follows: (a) Determination of density. Except as otherwise provided in subsection (c) of this Section, the maximum density of a hillside subdivision shall be determined by dividing the net site area of the property to be divided by the average acres per dwelling unit, rounding up to the next whole number where a fraction of more than .50 is obtained. (b) Average acres per dwelling unit. The average acres per dwelling unit shall be determined by the following slope/density formula: Average acres per dwelling unit = 1/1.089 - .01778 (S) Where: S =average slope in percent, as calculated in accordance with Section 15-06.630 of this Chapter. . (c) Reduction of density. The Ciry may require a reduction in the number of dwelling units below the maximum number otherwise permitted under subsection (a) of this Section if the City determines that such reduction is necessary or appropriate by reason of site conditions including, but not limited to, geologic hazards. 15-12.061 Location of building sites. The average natural grade of the footprint underneath any dwelling unit, swimming pool or other structure shall not exceed thirty percent slope, and no dwelling unit, swimming pool or other structure shall be built upon a slope which exceeds forty percent natural slope at any location under the structure between two five-foot contour lines, except that: (a) A variance pursuant to Article 15-70 of this Chapter may be granted where the findings prescribed in Section 15-70.060 can be made, and (b) An exception under Article 14-35 of the Subdivision Ordinance may be granted where the findings prescribed in Section 14-35.020 can be made. 15-12.070 Site frontage, width and depth. (a) The minimum site frontage, width and depth in each R-1 district shall be as follows: • ~ _ 'Site ~ Site '.Site v -:Tlictrir~t '~,Frnnto rto !\Ali r~t}i '71cr,t}i _.- ! _r...____ _..--.~~ - _~.-r--_I i - ~ iR-1-10,000 ;60 ft ~ !85 ft. 115 f~ - t. -- ~R-1-12,500 j65 ft.- x',90 ft. 120 f~- t. ---' IR-1-15,000 j70 ft. '.100 ft. 125 f~ t. ',R-1-20,000 i80 f~ ~'110 ft. 1140 f~~', ~ IR-1-40,000 1100 ft. l '150 ft. uV150 ft. T (b) Notwithstanding the provisioris of subsection (a) of this Section: (1) The site width of a corner lot shallbe not less than one hundred feet. (2) The minimum site frontage on a cul-de-sac turnaround shall be sixty feet where seventy-five percent or more of the frontage abuts the turnaround. (3) The frontage and width of an access corridor to a flag ]ot shall be not less than twenty feet. 15-12.080 Site coverage. The maximum site coverage, as defined in section 15-06.620(f), in each R-1 district shall be as set forth in the following table: !District Coverage (percent) ~! v ~ ~R-1-10,000 j60 R-1-12,500 --- X55 ~ ' --- - - - - - - ~R-1-15,000 - - ;50 ~R-1-20,000 X45 R-1-40 0 00 35 (Amended by Ord. 71.99 4 8;1991; Ord. 71-111 ~ 1,1992; Ord. 7T-185 ~ 1(part),1998) 15-12.090 Front yard, side yards and rear yards. (a) The minimum yard requirements for all lots in the R-1 district, are as follows: (1) Front yard. The minimum front yard of any lot in each R-1 district shall be the distance indicated in the following table: District Front Yard R-1-10,000 25 ft. R-1-12,500 25 ft. R-1-15,000: 25 ft. R-1-20,000 30 ft. R-1-40,000 30 ft. (2) Side yards of interior lots. The minimum side yard of any interior lot in each R-1 district shall be the distance indicated in the following table for each side yard:. First Floor Individual Second Floor Individual District Side Yards Side Yards R-1-10,000 10 ft. 15 ft. R-1-12,500 10 ft 15 ft. R-1-15,000 12 ft. 17 ft. R-1-20,000 15 ft. 20 ft. R-1-40,000 20 ft. 25 ft. (3) Side yards of corner lots. The mini mum side yard of any corner lot in each R-1 district shall be the distance indicated in the following table : . First Floor Second Floor First Floor Second Floor Interior Interior Exterior Exterior District Side Yard Side Yard Side Yard Side Yard R-1-10,000 l0 ft. 15 ft. 25 ft. 30 ft. R-1-12,500 10 ft. 15 ft. 25 ft. 30 ft. R-1-15,000 12 ft. 17 ft. 25 ft. 30 ft. R-1-20,000 15 ft. 20 ft. 25 ft. 30 ft. R-1-40,000 20 ft. 25 ft. 25 ft. 30 ft. (4) Rear yazds of corner lots. The minimum rear yat'd of any corner lot in each R-1 district shall be the distance indicated in the following table: District First floor Second floor Rear Yard Rear Yard R-1-10,000. 10 ft. l0 ft. R-1-12,500 10 ft. 10 ft. R-1-15,000 12 ft. 12 ft. R-1-20,000 15 ft. 15 ft. . R-1-40,000 20 ft. 20 ft. (5) Rear yards of interior lots. The minimum rear. yard of any interior lot in each R-1 district shalLbe the distance indicated in the following table: First floor Second floor District Rear Yard Rear Yard R-1-10,000 25 ft, 35 ft. R-1-12,500 25 ft. 35 ft. R-1-15,000 30 ft. 40 ft. R-1-20,000 35 ft. 45 ft. R-1-40,000 50 ft. 60 ft. (b) For the purpose of this Article, "vacant lot" means a parcel with no existing single- family dwelling. (c) Determination of yards for flag lots. On a flag lot with an average width that exceeds its average depth, the longer dimension may be considered the depth for the purpose of measuring the front, side and rear yards, unless to do so would adversely affect the lot's • normal yard orientation in relation to adjacent lots. (Amended by Ord. 71.99 g 9, 1991; Ord. 71-106 4 2,1992; Amended during 5/95 supplement: Amended by Ord. 205 4 2, 2002) 15-12.100 Height of structures. (a) No single-family dwelling shall exceed twenty-six feet in height and no other type of main structure shall exceed thirty feet in height. Exceptions to these limitations may be approved pursuant to a Use Permit and Design Review issued in accordance with Article 15-55 of this Code if the additional height is necessary in order to adhere to a specific architectural style, The additional height may only be granted in the R-120,000 and R-1 40,000 zoned districts.. The Staff and Planning Commission will use the "A Field Guide to American Houses" and other resource material approved by the Planning omm scion as resources documents to assess the purity of architectural design. (b) No accessory structure shall exceed fifteen feet in height; provided, however, the Planning Commission may approve of an accessory structure extending up to twenty feet in height if the Commission finds and determines that: (1) The additional height is necessary in order to establish architectural compatibility with the main structure on the site; and (2) The accessory structure will be compatible with the surrounding neighborhood. (c) No structure shall exceed two stories, except that pursuant to a use permit issued under Article 15-55 of this Chapter, athree-story structure may be allowed for an institutional facility located upon a site designated for quasi-public facilities (QPF) in the • . General Plan, where the average slope underneath the structure is ten percent or greater and a stepped building pad is used. (Amended by Ord. 71.87 § 1, 1991) 15-12.110 Accessory uses and structures. Accessory uses and structures shall comply with the special rules as set forth in Section 15-80.030 of this Chapter. 15-12.120 Fences, walls and hedges. Fences, walls and hedges shall comply with the regulations set forth in Article 15-29 of this Chapter. 15-12.130 Signs. No sign of any character shall be erected or displayed in any R-1 district, except as permitted under the regulations set forth in Article 15-30 of this Chapter. 15-12.140 Off-street parking and loading facilities. Off-street parking and loading facilities shall be provided for each use on the site, in .accordance with the regulations set forth in Article 15-35 of this Chapter. • 15-12.150 Design review. The construction or expansion of any main or accessory structure in an R-1 district shall comply with the applicable design review regulations set forth in Article 15-45 of this Chapter. 15-12.160 Storage of personal property and materials. (a) Unenclosed storage of personal property is not permitted in any R-1 district. (b) No portion of any required front yard, and no portion of any required exterior side or rear yard of comer lots, and. rear yards of double frontage lots, except as hereinafter provided, shall for any period of time in excess of five consecutive days be used for the unenclosed storage of any of the following: (1) Motor vehicles except automobiles in fully operational condition and currently registered and licensed for operation on public highways and in normal daily use by the occupants of the site. (2) Trailers of any kind or make. Camper units detached from the truck or other motor vehicle for which they are designed or customarily used shall be considered trailers for the purpose of this Section. (3) Boats. (4) Parts of any of the items of property described in (1), (2) or (3) of this subsection.. I~'~ (5) Building or construction materials, except those materials reasonably required for work under construction on the premises pursuant to a valid and effective building permit issued in accord with Chapter 16 of this Code. (6) Trash, garbage or refuse, except as provided by Article 7-OS in Chapter 7 of this Code. Any of the foregoing items of property which have been stored on a site or yard described herein for less than five consecutive days and then removed, shall not again be stored on such site or yard unless in compliance with subsection (c) of this Section or pursuant to a temporary use permit issued pursuant to subsection (d) of this Section. (c) The items of property described in subsection (b) of this Section may be stored in exterior side and rear yards of corner lots. and rear yards of double frontage lots for periods in excess of five consecutive days where a fence has been legally constructed of sufficient height and of a type which screens the stored property from. public view and reasonably prevents such property from becoming a nuisance. (d) The Community Development Director shall have authority, in cases of practical difficulty or hardship, to grant. temporary permits for storage of the items of property described in subsection (b) of this Section in front, side or rear yards of sites for limited periods of time in excess of five consecutive days. Application for such storage permits shall be in writing; on forms furnished by the Ciry, and any permit issued pursuant thereto shall be in writing, shall describe the personal property 'to be stored, and the location and time limit of the storage. The Community Development Director may impose reasonable conditions in any such storage permit, which shall be agreed to in writing on the face of the permit by the applicant prior to the permit being issued. (e) For purposes of this section, the term "unenclosed storage" means storage of items . which are not completely enclosed within a structure or completely screened from public view by a permanent solid fence or wall which structure, fence or wall has been constructed or installed in accordance with Chapter 15 of .this Code. (Amended by Ord. 71-156 ~ 1,1995) DESIGN REVIEW ORDINANCE SECTION IS AMENDED TO READ: Article 15-45 Design Review: Single-Family Dwelling 15-45.010 Purposes of Article. 15r45.020 Compliance with development standards. 15-45.030 Allowable floor area. 15-45.040 Setbacks. 15-45.045 Creek protection setbacks. 15-45.050 Underfloor clearance. 15-45.055 Residential Design Handbook. 15-45.060 Requirement for design review; public hearing. 15-45.065 Administrative design review. 15-45.070 Application requirements. 15-45.080 Design review findings. 15-45.085 Off Site Improvements 15-45.090 Expiration of review approval; extension; tolling of time period. 15-45.100 Replacement of destroyed structures. 15-45.110 Appeals to City Council. 15-45.010 Purposes of Article. It is the policy of the City to review the proposed construction or significant expansion of single-family dwellings and certain accessory structures under circumstances where such structures .have the reasonable potential to constitute an invasion of privacy, unreasonable interference with views, light or air, or create adverse impacts upon the aesthetic character of neighboring residential structures. The purpose of this Article is to establish standards and procedures to be followed with respect to the design review of single-family dwellings and certain accessory structures to ensure that new development occurs in a manner, which is consistent with the objectives. of this Chapter and the policies of the General Plan.. 15-45.020 Compliance with development standards. No single-family main structure or accessory structure shall be constructed or significantly expanded within any A, R-1, HR, R-OS or R-M district unless the proposed structure or expansion complies with the floor area standards contained in Section 15- 45.030 of this Article and the setback requirements contained in Section 15-45.040 of this Article. In the event of a conflict between the floor area and setback requirements in Article 15-45 and the standards set forth in the R-OS zone district, the more restrictive standard shall govern. For the purposes of this Article, the terms "significantly expanded or "significant expansion" shall mean an expansion exceeding 100 square feet. The Planning Commission shall have authority to grant a variance from such regulations pursuant to Article 15-70 of this Chapter. (Amended by Ord. 71.98 g 10,1991; Ord. 71.113 4 9,1992) 15-45.030 Allowable floor area. (a) Definition. As used in this Article,. the term "allowable floor area" means the maximum gross floor area of the main structure (including any garage constituting a portion thereof), plus any accessory structures. For purposes of calculating allowable floor area., any space with ari interior height of fifteen feet or greater shall be doubled. The allowable floor area is based upon the net site area and slope of the lot grid the height of the main structure to be constructed or existing thereon as computed in accordance with the provisions of this Section. Net site area shall be calculated in accordance with section 15-06.620 of this Code. (b) Maximum standards. The standards set forth in this Section are intended to be maximum figures and the Planning Commission may, in considering any application, require that the floor area be reduced below the applicable standard if such reduction is necessary in order to make the findings prescribed in Section 15-45.080 of this Article. (c) Slope adjustment. If the average slope of the lot is more than ten percent, the net site area of the lot shall be reduced by a percentage amount based upon the average slope and calculated as follows: • Average Slope of the Lot Percentage of Net Stte _ __ __ _. Area to be Deducted 10 01--20% 10% plus 2% for each I percent of slope over 10%* 20.01--30% ! 30% plus 3% for each 1 percent of slope over ', 20%* ', Over 30% 60% *Where the average slope is a fractional number, it shall be rounded up to the next whole number. (d) Floor area standards. After reducing the net site area by the amount requited for the slope adjustment under subsection (c) of this Section, if any, the floor area standard for the lot shall be determined in accordance with the table set forth below: Size of Lot (Net Site Area) Floor Area Standard Less than 5,000 sq ft. To be determined by Planning Commission 5,000--10,000 sq. ft. ' 2,400 sq. ft. plus 160 sq. ft. for each 1,000 ', sq. ft. of net site area over 5,000 sq. ft'* 10,001--15,000 sq. ft. !, 3,200 sq. ft. plus 170 sq. ft. for each 1,000 sq. ', ft. of net site area over 10,000 sq.. ft.* 15,001--40,000 sq. ft. r 4,050 sq. ft. plus 78 sq. ft. for each 1,000 sq. I, ft. of net site area over 15,000 sq. ft.* sq. tt. b,000 sq. tt. plus zU sq. tt. for each 1,000 sq. 'ft. of net site area over 40,000 sq. ft.~ , 80,001--200,000 sq. ft. 6,800 sq. fr. plus 10 sq. ft. for each 1,000 sq. i ft. of net site area over 80,000 sq. ft * ', 200,000 + ~ 8,000 sq. ft. is the maximum allowable square footage. *Where division of the net site area by 1000 results in a fractional number the product shall be rounded up to the next whole number. (e) Maximum floor area allowed for R-1, HR and. A Zone districts. In the Zone Districts listed below the maximum allowable floor area shall be the lesser of the Floor • Area Standards or the Maximum Floor Area specified as in the following table: • Zone District R-1--10,000 R-1--12,500 Maximum Floor Area 4,400 4,830 R-1--15,000 5,220 R-1--20,000 6,000 R 1--40,000 7,200. HR and A 8,000 15-45.045 Creek protection setbacks. (a) Purpose, application. Where a protected creek passes through or along a building site or is otherwise located on the site, and in order to provide for the future protection of creeks, including creek banks and riparian habitat, building setbacks .for any new construction shall be measured from the top of the creek bank(s) on the site rather than from the property lines of the site. The required setback shall be the minimum setback prescribed for the applicable zoning district. (b) Existing structures. Any existing structure, which encroaches into the creek protection setbacks, shall be considered. nonconforming, and shall be regulated by Article 15-65, Nonconforming Uses and Structures. Any new additions town existing structure shall comply with the creek protection setback requirements. (c) Accessory structures. Accessory structures may be permitted within a eke creek protection setbacks subject to compliance with the special rules as set forth in Section 15-80.030 of this Chapter. (d) Location of top of creek bank. The site plans for the proposed new construction shall show the location of the top of the protected creek bank. "Creek bank" means the sides of a watercourse, the top of which shall be the topographic line roughly parallel. to stream centerline where the side slopes intersect the plane of ground traversed by the watercourse. Where creek banks do not distinguishably end, the City or Santa Clara Valley Water District shall determine the top of such banks. 15-45.050 Underfloor clearance. Each new single-family main structure, accessory structures, or additions thereto, shall be designed to follow the slope of the site so as to reduce the clearance between ground floor levels and natural or finish grade, whichever measurement is greater, to not more than five feet. This does not apply to any decks or balcony above ground floor level. (Amended by Ord. 71-106 4 8,1992; .Ord. 71-178 4 3,1998) 15-45.055 Residential Design Handbook. • All projects for the construction or expansion of asingle-family main structure oi• an accessory structure shall be consistent with the policies and implementation techniques described in the Ciry of Saratoga Residential Design Handbook. The Residential Design Handbook embodies and illustrates the intent of the design review findings prescribed in • Section 15-45.080 of this Article. A copy of the Residential Design Handbook shall be kept on file and available for public review at the offices of the Community Development Director. The Residential Design Handbook was adopted by the City Council on November 2,1988. 15-45.060 Requirement for design review; public hearing. (a) In each of the following cases, no building permit shall be issued for the construction, reconstruction or significant expansion of asingle-family main structure or accessory structure in any A, R-1, HR, or R-OS district until such structure has received design review approval by the Planning Commission pursuant to this Article: (1) Any new multi-story main structure or multi-story accessory structure. (2) Any conversion of a single-story structure to a multi-story structure, except where such conversion does not result in any exterior modifications to the existing structure beyond the installation of skylights in the roof. (3) Any new single-story structure or addition to a single story structure over eighteen feet in height. (4) Whenever design review is specifically required under the terms or conditions of any tentative or final subdivision map, use permit, variance or conditional rezoning. (5) Any main structure to be constructed upon a lot having a net site area of less than five thousand square feet. (6) Whenever, as a result of the proposed construction, reconstruction or expansion, the gross floor area of all strucrureson the site will exceed six thousand square feet.... (7) Whenever, in the opinion of the Community Development Director, the construction, reconstruction or significant expansion of a main or accessory structure may be incompatible with the neighborhood, or may create a perception of excessive mass or bulk, or may unreasonably interfere with views or privacy, or may cause excessive damage to the natural environment, or may result in excessive intensification of the use or development of the site. (8) Whenever as a result of reconstruction,. replacement or expansion of a single story structure over eighteen. feet in height or multi-story main or accessory structure more than 50% of existing exterior walls are removed or altered. The reconstruction of more than 50% of the existing exterior walls of a single story structure over eighteen feet in height or a multi-story main structure or an accessory structure shall be processed as new construction and considered a new structure. (b) A public hearing on the application for design review approval under this Article shall be required. Notice of the public hearing shall be given not less than ten days nor more than thirty days prior to the date of the hearing by mailing, postage .prepaid, a notice of the time and place of the hearing to the applicant and to all persons whose names appear on the latest available assessment roll of the County as owning property within five hundred feet of the boundaries of the site which is the subject of the application. I~TOtice of the public hearing shall also be published once in a newspaper. having general circulation in the City not later than ten days prior to the date of the hearing. (Amended by Ord. 71.98 411,1991; Ord. 71.113 ~ 10,1992; Ord. 71-179 41,1998) . 15-45.065 Administrative design review. (a) In each of the following cases; no building permit shall be issued for the construction, reconstruction, replacement or significant expansion of a single-famffy structure or structure in any A, R- 1, HR, or R-OS district until such structure has received administrative design review approval by the Community Development Director, pursuant to this Article: (1) New single-story residences and accessory structures greater than 250 square feet in gross floor area. (2) Major additions in size, defined as (a) The expansion by or reconstruction of, fifty. percent or more of an existing main or accessory structure. (b) A one hundred square feet or greater addition to or reconstruction of the second story of a main or accessory structure. (c) The removal and replacement of fifty percent or more of the exterior walls of a main or accessory structure. (3) Addition of a basement to an existing structure and enlargement of basements. (b) The application for administrative design review approval shall comply with Section 15-45.070 The Community Development Director shall not grant design review approval unless the findings set forth in Section 15-45.080 have been made. (c) If the .Community Development Director intends to approve the application, a "Notice of Intent to Approve" will be mailed to all property owners within 250 feet of the . subject property and to others as deemed appropriate. All interested parties will have 15- calendar days from the date of the "Notice of Intent to Approve" in which to review eF the application and provide written comments to the Community Development Director. The Community Development Director shall approve or deny the application within 15- days of the close of the review period and shall mail notice of the decision to the applicant and to any party that has requested a copy of such notice. The Community Development Director's decision is appealable to the Planning Commission within 15- calender days of the Director's decision to approve the application. The Planning Commission at a public hearing will review any appeal. Notwithstanding, Section 15- 45.110 or Section 15-90.020, the decision of the Planning Commission on the appeal shall be final and not subject to appeal to the Ciry Council.. (d) If the application is not approved by the Community Development Director, then the applicant may ffle an appeal within 15 calendar days of the Community Development birector's decision or deadline to render a decision and have the application heazd by the Planning Commission at a de novo public hearing. 15-45.070 Application requirements. (a) Application for Design Review approval, or Administrative Design Review approval shall be filed with the Community Development Director.. The application shall include the following exhibits (1) Site plan showing property lines, easements and dimensions, all existing and proposed structure setbacks, building envelope, existing and proposed fencing, topography, location of all trees over twelve inches in diameter as measured two feet above grade, and areas. of dense vegetation and creeks and creek banks. The site plan shall be oriented with north towards the top of the page: The scale of the drawing shall be clearly noted. The site plan shall be prepared and stamped by a Licensed Land Surveyor or Registered Civil Engineer authorized to conduct surveys. (2) A statement of energy conserving features proposed for the project.. Such. features may include, but are not limited to, use of solar panels for domestic hot water or space heating; or production of electricity; passive solar building design, insulation beyond that required under State law, insulated windows, or solar shading devices. Upon request, the applicant shall submit a solar shade study if determined necessary by the Community. Development Director. (3) Architectural elevations of the existing and proposed structures showing exterior materials, roof materials and window treatment. The scale of the elevations shall be clearly noted. (4) Cross sections for all projects located on a hillside lot, together. with an aerial photograph of the site if requested by the Community Development Director.. The scale of the cross sections shall be clearly noted. (5) Engineered grading and drainage plans, including cross sections if the structure is to be constructed on a hillside lot. Disposition of on-site storm water shall be consistent with the provisions of the Santa Clara Valley Urban Runoff Pollution Prevention Program requirements. The scale of the grading and drainage -plans shall be clearly noted. (6) Floor plans that indicate total gross floor area, determined in accordance with Section 15-06.280 of this Chapter. A small-scale schematic demonstrating how the total floor area was calculated shall be provided. • (7) Roof plans which show ridges, valleys and skylights. (8) Landscape plans showing landscape design, plant selection and irrigation design that conforms to the provisions of Article 15-47 of this code and with the provisions of the Santa Clara Valley Urban Runoff Pollution Prevention Program requirements. (9) Preliminary title report, not more than six months old, listing all parties having any interest in the property. The preliminary title report shall also show any easements, encumbrances and restrictions, which benefit or burden the property. (10) Such additional exhibits or information as may be required by the Community Development Director in order to allow the Ciry to determine whether the findings- set forth in section 15-45.080 can be made. All exhibits shall be drawn to scale, dated and signed by the person preparing the exhibit. Copies of all plans to be submitted shall consist of two sets drawn on sheets eighteen inches by twenty-eight inches in size and eleven reduced sets on sheets eleven inches by seventeen inches in size. (11) A geotechnical clearance as defined in Section 15-06325 of this Code, if required by the Public Works Director. (12) A written statement describing how the proposed project is consistent with the required design review policies and techniques shall be provided at the time of .application. (13) The cover or title sheet shall contain a technical data box containing the following information: (a) Owners name, address and phone number. (b) The General Plan Land Use designation and Zoning of the property. (c) The Assessor`s Parcel Number of the property. • (d) Gross and net site area of the property. (e) Site coverage, setbacks and floor area. (f) Square footage of proposed new construction (g) Square footage of any structures proposed to be demolished. (14) A written statement verifying that each adjoining landowner and the landowners in general vicinity have been consulted regarding the specific plans for the proposed project and describing the process used for these consultations. b) The application shall be accompanied by the payment of a deposit to cover the cost of processing the application. The amount of the deposit is set by Ciry Council Resolution and may change from time to time. All time and material used to process the application shall be charged against the deposit. If during the processing of such proposed project the deposit amount has been reduced to 20% of the initial deposit amount an additional deposit will be required. If there are funds remaining after the. proposed project has been approved the remaining funds shall be returned. 15-45.080 Design review findings. Design Review or Administrative Design Review approval shall not be granted unless all of the following findings have been made in the affirmative by the reviewing authority: (a) Avoid unreasonable interference with views and privacy. The height, elevations and placement on the site of the proposed main structure or accessory structure, will avoid unreasonable interference with views and privacy, when considered with reference to: (i) the nature and location of residential structures on adjacent lots and within the . neighborhoods; and (ii) community viewsheds. (b) Preserve natural landscape. The natural landscape will be preserved insofar as practicable by designing structures to follow the natural contours of the site and minimizing tree and soil removal; grade changes. will be minimized and will be in keeping with the general appearance of neighboring developed areas and undeveloped areas. (c) Minimize perception of excessive bulk. The proposed main structure or accessory structure in relation to structures on adjacent lots, and to the surrounding region, will minimize the perception of excessive bulk and will be integrated into the natural environment. (d) Compatible bulk and height. The proposed main structure or accessory structure will be compatible in terms of bulk and height with (i) existing residential structures on adjacent lots and those within the immediate neighborhood and within the same zoning district; and (ii) the natural environment; and shall not (i) unreasonably impair the light and/or air of adjacent properties nor (ii) unreasonably impair the ability of adjacent properties to utilize solar energy. (e) Current grading and erosion control methods. The proposed site development or grading plan incorporates current grading and erosion control standards adopted by the City and/or imposed by the Santa Clara Valley Urban Runoff Pollution Prevention Program. (f) Design policies and techniques. The proposed main structure or accessory structure will conform to each of the applicable design policies and techniques set forth in the Residential Design Handbook and as required by Section 15-45.055. (Amended by Ord. 71.99 4 27,1991) 15-45.08S Off Site Improvements. The findings specified in section 15-45.080 may be made subject to conditions reasonably related to the project and to the findings required for approval. Conditions may include, but are not limited to, the following: (a) Construction or repair of curb,. gutters and sidewalks. (b) Water or sewer main extensions. (c) Storm drain installation. (d) Dedication of property or easements for utilities, street lighting, public right-of- way, trails, etc. (e) Installation of street trees. (f) Completion of street widening paving to property line. (g) Repair or reconstruction of street paving prior to the issuance of a certificate of occupancy. (h) Undergrouirding of existing overhead utility lines from closest exiting distribution pole to the new structure. (i) Improvements to water delivery systems as required by the Fire District or Water Company to ensure both adequate domestic and fire flow.. (j) Installation of fire hydrants as required by the Fire District , (a) Each design review approvals granted pursuant to this Article shall expire thirty-six months from the date on which the approval became effective, unless prior to such expiration date a building permit is issued and construction commenced. If such building permit expires, and the Building Official does not renew the building permit within 180-days after expiration, the Design Review approval shall expire. (b) Design review approvals may be extended for a period of twelve months by the Community Development Director. Any application for extension shall be filed prior to the expiration date, and shall be accompanied by the payment of a fee in such amount as established from time to time by resolution of the City. Extension of design review approval is not a matter of right and the approving authority may deny the application or grant the application subject to conditions. Neither the period of time specified in subsection (a) of this Section nor any extension period shall include the period of time during which a lawsuit involving the approval or conditional approval of the design review is or was pending in a court of competent jurisdiction. (c) A design review approvals in conjunction with an approved tentative subdivision map or approved use permit, or both, maybe extended for a period or periods of time not to exceed the time authorized under section 14-20.080(b) or Section 15-55.090(b) of this Code, respectively. The application for extension shall be filed in the manner prescribed in, and shall be reviewed in accordance with the standards set forth in, Section 14- 20.080(b) or Section 15-55.090(b) of this Code, respectively. (Amended by Ord. 71-119 41 (part), 1993) 15-45.110 Appeals to City Council. Except as otherwise specified in this Article, a decision or determination made by the Planning Commission under this Article may be appealed to the City Council in accordance with the procedure set forth in Article 15-90 of this Chapter: SUBDIVISION ORDINANCE SECTIONS ARE 14-05.020 Purposes of Chapter. ~ n~~ ~r/' '~U~' The purposes of this Chapter shall be to promote and protect t e public healt safety and general welfare, including the following more specific purposes: (a) To regulate and control the division of land and the development of single undivided sites within the City. (b) To implement and supplement the provisions of the State Subdivision Map Act with respect to the design and improvement of subdivisions, the form and content of maps, and the procedures to be followed in securing approval by the City of such maps. (c) To promote orderly growth and development, preservation of open space, and proper use of land. (d) To provide for adequate services and public facilities and proper traffic circulation. (e) To implement the goals and policies of the City's General Plan and any applicable specific plan. 14-05.030 Conformity with General Plan and Zoning Ordinance. (a) Nothing contained in this Chapter, nor any act or forbearance done otpermitted .hereunder, shall waive or relieve compliance with any other ordinance of the Ciry. Neither final map approval shall be granted for any lot, site or subdivision which is not in conformity with the Zoning Ordinance as contained in Chapter 15 of this Code, or which has been or is created in violation of such Zoning Ordinance, or which is not consistent with the General Plan or any applicable specific plan, or for any intended use which would not be in conformity with the district regulations in which said lot, site or subdivision lies at the time of final approval. (b) The advisory agency may, but need not, tentatively approve a map for lot sizes or uses contrary to existing zoning regulations governing the lot, site or subdivision, in contemplation of a change in zoning regulations to make such lots or uses conform therewith, but only after recommending such change to the Ciry Council after public hearing thereon in accord with the Zoning Ordinance, and so long as it is still consistent with the General Plan and any applicable specific plan. Any such tentative approval shall be at the sole risk of the subdivider or owner, and shall not become binding on the Ciry for any purpose unless and until such change in zoning regulations is legally and finally adopted. 14-05.040 Designation of advisory agency. (a) The Planning Commission is hereby designated as the advisory agency for all decisions and determinations under this Chapter. (b) There is hereby delegated to the advisory agency the power to approve, conditionally approve or disapprove tentative maps; together with extensions and modifications thereof, the power to determine consistency or lack. of consistency of a proposed tentative map with the General Plan and any applicable specific plan, and without limiting the foregoing, the power to make the determinations prescribed in Sections 66473.5, 66474 and 66474.6 of the Subdivision Map Act. 14-05.050 Fees and deposits. (a) Each applicant for any approval or other action pursuant to this Chapter shall pay to the City such fees and deposits as established from time to time by resolution of the City Council, including; but not limited to the following: {1) Filing fee for the processing and review of the application. (2) Deposit for the cost of noticing any public hearing to be conducted. (3) Environmental assessment fee and deposit for the cost of an environmental impact report; if required. (4) Public health service fee. (5) Administrative fee and deposit for the cost of geological analysis, if required. (6) Improvement plan checking fee. (7) Inspection fee. (8) Map checking fee. (9) Storm drainage fee, if applicable. (10) Park and recreation fee, if applicable. (11) Street light service and energy fee, if applicable. (12) Fire hydrant service fee, if applicable. (13) Recording fees. Such fees and deposits or portions thereof shall be paid at the time or times specified in the resolution of the City Councff, or if not so specified, at the time or times as determined by the Community: Development Director. The Applicant shall also pay to the City, at such time as specified by the Community Development. Director any fees and costs as may be charged by other public agencies for the review of any application, drawing, plan or other document submitted pursuant to this Chapter which is furnished by the City to such other agencies for comment or approval. 14-05.060 Exclusions from Chapter. This Chapter shall not apply to any of the following: (a) The financing or leasing of apartments, offices, stores or similar space within apartment buildings, industrial buildings, commercial buildings or mobile home parks, or the financing or leasing of existing separate commercial or industrial buildings on a single site. (b) Mineral, oil or gas leases. (c) Land dedicated for cemetery purposes under the State Health and Safety Code: (d) The construction, financing or leasing of a second unit for which a use permit is granted pursuant to Article 15-56 of the Zoning Ordinance, but this Chapter shall be • applicable to the sale or othertransfer of ownership of such units where the sale or transfer does not include the entire site upon which the second unit is located. (e) Short term leases, terminable by either party on not more than thirty days notice in writing, of a portion of the operating right-of-way of a railroad corporation defined as such by Section 230 of the State Public Utilities Code. (f) Any division, conveyance, development, financing or leasing of land by the Ciry. (g) Land conveyed to or from a governmental agency, public entity (other than the City) or public utility, or land conveyed to a subsidiary of a public utility for conveyance to such public utility for rights-of-way, unless it is determined by the Community Development Director that the public interest or public policy requires the application of this Chapter to such conveyance. 14-10.020 Advisory agency. "Advisory agency" means the official body charged with the duty of making investigations and reports on proposed subdivisions, imposing requirements or conditions thereon, and having the authority to grant or deny tentative subdivision approval. The advisory agency shall be the Planning Commission, as designated in Section 14-05.040 of this Chapter. 14-10.090 Final map. "Final map" means a map showing a subdivision for which a tentative and final map is required by the Map Act or this Chapter, prepared and approved in accordance with the provisions of the Map Act and this Chapter and designed to be recorded in the office of the County Recorder: 14-10.330 Tentative map; vesting tentative map. (a)Tentative map means a map made for the purpose of showing the design and improvement of a proposed subdivision and the existing conditions in and around it. 14-15.030 Building and grading permits. No building or grading permit shall be issued for construction of improvements upon any site for which. a subdivision map approval is required under this Chapter, until an approved final map has been filed for record with the County Recorder. 14-15.040 Certificates of occupancy. . No final certificate of occupancy shall be issued until all streets, curbs, gutters, utility services, sewer and storm drain facilities and other subdivision or site improvements as required by the tentative map approval, are installed and completed to the satisfaction of the City Engineer and the Community Development Director. 14-20.010 Application of Article. The procedures and requirements set forth in this Article shall apply to all applications for tentative subdivision map approval. 14-20.020 Preliminary geologic report. The Community Development Director may require the applicant to submit a preliminary geologic and soils investigation report on the site, prepared by a certified engineering geologist or a registered civil engineer qualified in soil mechanics, prior to the acceptance of any application for tentative map approval for a hillside subdivision or for a hillside lot or in any other case where the Community Development Director deems such report to be necessary. or appropriate. The geologic and soils report shall fully and clearly present: • 14-20.030 Filing application for tentative approval. Applications for tentative subdivision map approval shall be filed with the Community Development Director on such forms as he or she may prescribe., The Community Development Director shall examine the application and the documents submitted therewith, and shall not acceptnhe same until all of the requirements of this Article-with respect to the form, content and number of maps, information to be furnished and documents to be submitted with the application have been fully satisfied and all fees and costs due and payable at the time of filing the application have been paid in full. The time of filing the application shall be the date on which the application is accepted by the Community Development Director as being complete. 14-20.040 Contents of application. Eighteen copies of the proposed tentative subdivision map, shall be submitted to the Community Development Director. Additional copies may be required for transmittal to the designated official of any adjoining local agency, which has requested the same as provided in the Map Act. In the event the State Department. of Transportation has filed the requisite map with the City relating to existing or proposed State highway routes upon which it believes subdivisions would have an effect and the property is located within the area covered by such map, two. additional, copies of.the tentative map shall also be filed, which shall be transmitted by the advisory agency to the. district office of . such Department with a statement that the advisory agency will consider any recommendation of said Department made within fifteen days after receipt by it of said copies of the map. The tentative map shall be clearly and legibly drawn by a registered civil engineer or licensed land surveyor. It shall .have a dimension of not less than eighteen inches by twenty-six inches, and the scale shall be as follows: One inch shall be equal to twenty feet for a subdivision of two or less acres; one inch shall be equal to fifty feet for a subdivision of two acres through twenty acres; and one inch shall be equal to one hundred feet for all subdivisions over twenty acres in area. The tentative map shall contain, or be accompanied by, the following information: (a)The name of any existing recorded map applicable to the subdivision, the date of recording such map, and the book and page of the official records where such map is recorded. (w) A preliminary geologic and soils report as described in Section 14-20.020 of this Article, unless such report has already been furnished prior to the filing of the application; provided, however, where the average slope of the proposed does not exceed ten. percent, the Community Development Director may require such report to be submitted with the improvement plans for the subdivision or site as part of the application for building permit; and provided, further, that the Community Development Director may waive the requirement of a preliminary geologic report if he or .she determines that, due to the available knowledge of the City as to the soff qualities of the site, no such preliminary geologic report is necessary. z) When requested by the Community Development Director, a scale drawing of the • surrounding area for a distance of at least five hundred feet from each boundary of the proposed subdivision or building site, indicating the names and last known addresses of the owners of all property located within five hundred feet of such boundaries, as shown the latest available assessment roll of the County. In addition to the foregoing, the Community Development Director may require the applicant to submit such additional maps, documents, information and materials as the Community Development Director deems necessary for the review, processing and evaluation of the proposed tentative map approval. If any such additional maps, documents, information or materials are required, the Director shall so advise the applicant in writing within thirty days from the filing of the application 14-20.050 Distribution for review; departmental reports. (a) Distribution. Upon. receipt of the application and acceptance thereof as being complete, the Community Development Director shall distribute the map or site drawing and accompanying documents. to the following persons and agencies: (b) Departmental reports. Upon receipt of the map or drawing and other documents, each of said persons and agencies shall make am investigation and written report to the advisory .agency, setting forth any recommended conditions. The Community Development Director shall also cause a written staff report to be prepared and submitted to the advisory agency and shall furnish the applicant with a copy of such . report not later than three days prior to any hearing on the application to be conducted by the advisory agency. The reports referred to herein shall include, but need not be limited to, the following: 14-20.060 Public hearing by advisory agency; notice. The advisory agency shall conduct a public hearing on the application for tentative subdivision approval. Notice of the hearing shall be given not less than teri days nor more than thirty days prior to the date of the hearing by mailing, postage prepaid, a notice of the time and place of the hearing to the applicant and to all persons whose names appear on the latest available assessment .roll of the County as owning property within five hundred feet of the boundaries of the subdivision or site which is the subject of the application. Notice of the public hearing shall also be published once in a newspaper having general circulation in the City not later than ten days prior to the date of the hearing. 14-20.070 Action by advisory agency; findings. (a) Within fifty days after the application is accepted as complete, unless such time is extended by mutual consent of the advisory agency and the applicant, the advisory agency shall approve, conditionally approve or disapprove the application for tentative map approval, and shall report such action to the applicant. A copy of said report shall be kept on file in the City offices for a period of not less than five years, and in all events, until final acceptance of construction of improvements and the termination of the applicant's responsibility to maintain such improvements: • 14-20.080 Expiration of tentative approval; extensions, (a) An approved or conditionally approved tentative subdivision map approval shall expire twenty-four months from the date on which the advisory agency, or the City Council on appeal, granted its approval or conditional approval: (b) An extension of the expiration date may be granted by the advisory agency for a period or periods of time not exceeding thirty-six months. The application for extension shall be filed prior to the expiration date, and shall be accompanied by the payment of a fee in such amount as established from time to time by resolution of the City Council. A public hearing shall be conducted on the request for extension and notice thereof shall be given in the same mannerasprescribed in Section 14-20.060 of this Article. Extension of tentative map approval is not a matter of right and the advisory agency may deny the application. 14-25.070 Preservation of existing trees. (a) No native, ornamental or orchard trees required to be shown on the application for tentative map approval under Subsection 14-20.040(v) of this Chapter shall be removed • or destroyed without a prior permit to do so issued by the Community Development Director pursuant to Article 15-50 of the Zoning Ordinance, unless such removal is specifically authorized as part of the tentative approval granted under this Chapter. No such trees may be removed or destroyed prior to the filing of an application for tentative map approval with the intent of circumventing the requirements of this Chapter. (b) The advisory agency may deny approval of any application for tentative map approval, and revoke any previous such approval, upon the violation of this Section by the subdivider or owner. (c) The approval of a tentative map by the advisory agency shall automatically constitute authorization to remove all trees within all portions of street rights-of-way which are to be improved, and to remove trees from the area as designated by the subdivider or owner to be covered by the envelope of the proposed structure or structures to be erected on the lot or site, and the area of the proposed driveway on the lot or site. 14-25.080 Park and recreation dedication and fees. (a) Purpose, application and exemptions. As a condition of each final map approval, and to be detailed in the conditions of tentative map, every subdivider or owner shall be required to, and shall dedicate a portion of land or pay a fee in lieu thereof, or a combination of both at the option of the City, for the purpose of providing park or recreational facilities reasonably related to serving the development and in accord with .the standards and provisions as hereafter set forth. The provisions of this Section are . enacted pursuant to Section 66477 of the Government Code and are hereby found to be in accord with the recreational element of the General Plan. The requirements of this Section shall not apply to any of the following: c) Fees in lieu of land dedication. In the event there is no park or recreational facility designated in the recreational element of the General Plan to be located in whole or in part within the proposed subdivision or .site, or in the event that the proposed subdivision contains fifty or less lots or parcels, then the subdivider or owner shall pay a fee to the Ciry in lieu of dedicating land, which shall be in an amount equal to the fair market value of the amount of land which would otherwise be required to be dedicated pursuant to Paragraph (b) of this Section. "Fair. market value", as used herein, shall be either the average estimated fair market value for all residentially zoned real property located in the City, or the fair market value of the land in the subdivision or site, based upon its then assessed value modified to equal market value in accord with the current practices of the County assessor and as determined by the, Community Development Director whichever shall be the greater. (f) Property not included in General Plan. Where the proposed subdivision lies within an urban service area not yet shown and delineated on the General Plan of the City, by reason of it not having been a part of the City at the time of the adoption of the General Plan, but intended to be included within the General Plan, the subdivider or owner shall dedicate land, or pay a fee in lieu thereof, or both, in accord with the adopted park. and recreational policies and standards of the General Plan and the provisions of this Section, and whether land dedication, or fee in lieu thereof, or a combination of both shall be required, shall be determined upon consideration of the following: 14-25.090 Reservations. (a) Requirement fot reservation of land. As a condition for tentative map approval, the advisory agency may require the subdivider or owner to reserve an area or areas within the subdivision or site for parks, recreational facilities, fire stations, libraries or other public uses, according to the standards and conditions set forth in this Section. (c) Contract with City. At the time of final map approval, the City shall enter into a binding agreement to acquire the reserved land within two years after the completion and acceptance of all improvements, unless. such period of time is extended by mutual agreement. The purchase price shall be the maxket value of the reserved land at the time of filing the application for tentative map approval, plus taxes against the reserved land from the date of the reservation and any other costs incurred by the subdivider or owner in the maintenance of the reserved land, including interest costs incurred on any loan covering the reserved land. (e) Other authority not limited. The authority of the City under this Section is additional to all other authority under this Chapter, or granted by law to local agencies, relating to subdivision-approvals and shall in no way be construed as a limitation on or diminution of any such authority 14-25.100 Site development plan. (a) Site development plan required. At the time of filing an application for . tentative map approval for a hillside subdivision, or any subdivision containing a hillside lot, the applicant shall also submit a site development plan for the subdivision or lot. In addition, the Community Development Director or the advisory agency may require a site development plan Eo be furnished for any commercial or multi-family project or because of the peculiarity of the terrain or changes in grade or other circumstances relating to the site or the surrounding area .although the average slope of the subdivision, lot or site does not exceed ten percent: (b) Form and content of site development plan. The site development plan. may be incorporated into and constitute a part of the tentative map or drawing, or it may be submitted as a separate document. The site development plan shall include the. following: (1) A legible site plan showing any or all of the following information, as may be required by the Community Development Director existing and proposed location of all streets, sidewalks, on-street and off-street parking, .bicycle paths, riding trails, hiking trails, buildings and other man-made structures; areas of soil stability;. planting; typical architectural elevations sufficient to show building height, materials, colors and general design; and a table listing land coverages by percentage and acreage for the following: Open space {landscaped and natural), coverage by principal and accessory structures, parking (covered, uncovered, off-street), streets, sidewalks, paths and recreational. facffities. (c) Approval of site development plan. Where a site development plan is required to be filed in accord with this Section, no tentative subdivision map approval shall be granted by the advisory agency until tentative approval thereby of the site development plan, which approval may be prior to or simultaneously with the approval of .the tentative map. At or prior to the filing of the final map with the City for approval, a final site development plan shall be prepared and filed with the Community Development Director substantially in accord with the approved tentative site development plan. Where a site development plan is required to be filed in accord with this Section final subdivision map .approval shall be granted by the City Council unless and until the final site development plan is submitted to the Community Development Director and approved by said Director. Notwithstanding the foregoing, if in the opinion of the advisory agency it would be preferable to postpone that portion of the site development plan which would consist of the final grading plan at the location of each building site, the same may be postponed so long as a notation of such postponement is placed upon the face of the final subdivision or parcel map, in which case no building permit may be issued for any site unless and until a subsequent final grading plan is submitted to and approved by the advisory agency. 14-25.110 Early warning fire alarm system. (b)Residential structures. As a condition for tentative map under this Chapter, the advisory agency shall require the installation of an early warning fire alarm system in accordance with Article 16-60 in Chapter. l6 of this Code, and the connection of such • system to the digital alarm communicator receiver maintained by the Saratoga Fire District, in each of the following cases: (c) Commercial structures and community facilities. When so required by the Chief of the Fire District having jurisdiction over the project, the advisory agency shall impose as a condition for tentative map approval under this Chapter, the installation of an early warning fire alarm system in accordance with Article 16-60 in Chapter 16 of this Code, and the connection of such system to the digital alarm communicator receiver maintained by the Saratoga Fire District, in new commercial structures or community facilities, or an existing commercial structure or community facility which is expanded by fifty percent or more in gross floor area. As used herein, the term "commercial structure" includes, but is not limited to, office buildings, retail stores, restaurants, repair shops, and industrial buildings, and the term "community facility" includes, but is not limited to, schools, theatres, churches, meeting halls and conference centers. In determining whether to require installation of such system, the Fire Chief shall be guided by the following considerations: 14-30.030 Storm water and sewage. (d) Sanitary sewers. The subdivider or owner shall connect the subdivision and each of the lots thereof or the building site to the facilities of such sanitation or sanitary district as has jurisdiction, by the installation of such additional mains and laterals as is necessary in the opinion of the Health Officer to adequately sewer the same by sanitary sewers. In the event the subdivision or the building site or any part thereof is not within the boundaries of a sanitation or sanitary district, the advisory agency may require annexation to or otherwise inclusion in such a district as a condition of tentative map approval. Sanitary sewers shall be installed to grades, standards, location, design, lengths and sizes, as approved by the sanitation engineer for the district having jurisdiction, and in accord with all laws and regulations of said district. Other than as might be permitted under Article 14-35 of this Chapter, disposal of sanitary. sewage may not be by septic tank methods, or any other method other than by connection to a sanitary sewer system. 14-30.060 Trees. The subdivider or owner shall plant trees on each lot or site and maintain them .for a minimum of one year after planting. All such trees shall be of a number, variety and type as determined or approved by the advisory agency, which may delegate such authority in any particular instance to the Community Development Director. Any such trees, which may be planted in a street right-o£-way, shall constitute encroachments subject to removal in accordance with Article 10-20 in Lhapter 10 of this Code. 14-50.010 Application. Application for a lot line adjustment shall be filed with the Community Development Director on such form, as he or she shall prescribe. The application shall be signed by the owners of all properties, which are the subject of the proposed lot line adjustment. The Community Development Director shall examine the application and shall not accept the same until all of the requirements of this Article with respectto the form and content of the application and the documents to be submitted therewith have been fully satisfied and all fees and costs due and payable at the time of filing the application have been paid in full. The time of filing the application shall be the date on which the application is accepted by the Communiry Development Director as being complete. 14-50.020 Contents of application: (m) In addition to the foregoing, the Community Development Director may require the applicant to submit such additional documents, information and materials as the Director deems necessary for the review; processing and evaluation of the proposed lot line adjustment. If any such additional documents, information or materials are required, the Director shall so advise the applicant in writing within thirty days from the filing of the application. 14-50.030 Investigation and report by Community Development Director. (a) The Community Development Director may transmit a copy of the application to such persons and agencies as he or she may deem appropriate for review and recommendations thereon, including, but not limited to, the Health Officer, the Santa Clara Valley Water District, the sanitation and fire districts having jurisdiction, and any utility companies. (b) Upon receipt of any recommendations from the persons and agencies referred to in subsection (a) of this Section and completion of his own review and analysis of the application, the Community Development Director shall cause a written staff report to be prepared and submitted to the advisory agency and shall furnish the applicant with a copy of such report not later than three days prior to the date on which the application is first considered by the advisory agency. 14-60.010 Improvement agreement. Prior to the commencement of any improvement work, the owner of the subdivision pr building site shall enter into a written agreement with the City, which shall contain the following provisions: (a) That all improvements will be constructed in accordance with the plans and specifications as previously approved by the City Engineer, and will be satisfactorily completed within one year from the date of final subdivision approval (or such other date as may be specified in the agreement). (g) Such other terms, covenants, conditions or provisions as the City Council, the City Engineer or the Community Development Director may deem necessary or appropriate 14-65.020 Notice of intended merger. Whenever the Community Development Director believes that a parcel or unit of land may satisfy the requirements set forth in Section 14-65.010 and ought to be merged,.or whenever the Planning Commission or the City Council makes such determination and instructs the Community Development Director to initiate proceedings under this Article, the Director shall cause to be mailed by certified mail to the then current owner of the property a notice of intention to determine status, notifying the owner that the affected parcels may be merged pursuant to the standards of this Article, and advising the owner of the opportunity to request a hearing on determination of status and to present evidence at the hearing that the property does not meet the criteria for merger. The notice of intention to determine status shall be filed for record in the office of the County Recorder on the date such notice is mailed to the property owner. 14-65.030 Request for hearing; notice. At any time within thirty days after recording the notice of intention to determine status, the owner of the affected property may file with the Community Development Director a request for a hearing on determination of status. Upon receiving such request, the Director shall fix a time, date and place for a hearing to be conducted by the Planning Commission and shall so notify the property owner by certified mail. The hearing shall be conducted not less than sixty days following the Director's receipt of the property owner's request therefor, but may be postponed or continued with the munaal consent of the Planning Commission and the property owner. 14-70.020 Form of petition; fee. (a) The petition shall be filed with the Community Development Director on such form as he or she may prescribe and shall contain or be accompanied by the following information: (1) Adequate evidence of title to the real property within the subdivisioti, (2) Sufficient data to enable the Ciry Council to make.-all of the determinations and findings required by this Article. (3) A final map, which delineates dedications, which will not be vacated, and dedications, which are a condition to reversion. (4) Such other pertinent information as .may be required by the Community Development Director or the City Council. (b) The petition shall be accompanied by the payment of a processing fee; in such amount as established from time to time by resolution of the City Council, together with a deposit for the cost of noticing the public hearing required under Section 14-70.030 of this Article. 14-75.030 Vacancy surplus required. • (b) Prior to submitting the application for tentative map approval for a conversion to community housing, the applicant shall furnish to the Community Development Director a current survey of all existing rental apartments and community housing units in the City, showing the vacancy rate: The form and content of the survey shall be subject to approval by the Director. The Director shall not accept the application unless the survey, as approved by the Director, establishes the existence of a vacancy surplus as required by this Article. 14-80.020 Rights of vesting tentative map; expiration and extension. (a) The approval or conditional approval of a vesting tentative map shall confer a vested right to proceed with the development. in substantial compliance with the ordinances, policies and standards of the Ciry in effect as of the time the application for tentative map approval was determined by the Community Development Director to be complete; provided, however, in the event Section 66474.2 of the Government Code is repealed, such approval shall confer a vested right to proceed with the development in substantial compliance with the ordinances, policies and standards in effect at the time the vesting. tentative map is approved or conditionally approved. 14-90.010 Duty to enforce. (b) Other than as set forth in Paragraph (a) of this Section, the Community Development Director shall have the duty and responsibility to enforce the provisions of this Chapter. For this purpose, he or she may call upon the Community Service Officers to issue citations and upon the City Attorney to prosecute criminal proceedings and to institute civil proceedings to enforce this Chapter. Section 3. Severance Clause. The City Council declares. that each section,, sub-section, paragraph, sub-paragraph, sentence, clause and phrase of this ordinance is severable and independent of every other section, sub-section, sentence, clause and phrase of this ordinance. If any section, sub- section, paragraph, sub-paragraph, sentence, clause and phrase are held invalid, the Ciry Council declares that it would have adopted the remaining provisions of this ordinance irrespective of the portion held invalid, and further declares its express intent that the remaining portions of this ordinance should remain in effect after the invalid portion has been eliminated. Section 4. Publication. • This ordinance or a comprehensive summary thereof shall be published in a newspaper of general circulation of the City of Saratoga within fifteen days after its adoption. The foregoing ordinance was introduced and read at the regular meeting of the City Council of the City of Saratoga held on the _ day of _, 2003, and was adopted by the following vote following a second reading on the _ day of _, 2003: AYES: NOES: ABSENT: ABSTAIN: NICK STREIT, MAYOR ATTEST: CATHLEEN BOYER, CITY CLERK APPROVED AS TO FORM: RICHARD TAYLOR, CITY ATTORNEY SARATOGA CITY COUNCIL MEETING DATE: July 16, 2003 ORIGINATING DEPT: Public Works PREPARED BY: John Cherbone AGENDA ITEM: CITY MANAGER: ~~G~-' DEPT HEAD: SUBJECT: Village Green Cut Through Traffic Mitigation RECOMMENDED ACTION: Move to adopt Motor Vehicle Resolution Restricting Turning Movements at the Highway 9 Oak Place Intersection. REPORT SUMMARY; Back ound In 2002 the City Council formed a task force to study and address the issue ofcut-through traffic in the Village Green neighborhood (see attached area map). The task force includes representatives from the Oak Street Neighborhood, Village Green Neighborhood, Saratoga Fire Department, Federated Church, City Council, and City staff..- The Village Green Neighborhood, in particular Park Place, experiences cut through traffic from AM and PM commute traffic, from Oak Street School drop off and pick up, and from special event traffic i.e. Mountain Winery traffic. The cut through is primarily due to the delays that drivers experience at the intersection of Highway 9 and Big Basin Way during these peeks in traffic. In August of 2002 the Village Green Task Force held its first meeting and since that time has been meeting on asemi-regular basis. After numerous task force meetings, two neighborhood surveys, and one community meeting, the Task Force agreed to support turn restrictions at the intersection of Oak Place and Highway 9 to mitigate cut through. traffic. However, it was agreed by the Task Force that the Village Green Neighborhood Association (VGNA) must obtain a minimum of 60%support from the Village Green neighborhood before implementation of the traffic mitigation measures. The support level of 60% was selected because it is the same level required in the NTMP process. Discussion Please find attached an informational flyer and questionnaire with petition results provided by VGNA, which show a 67% neighborhood support level to install turn restrictions of the intersection of Highway 9 and Oak Place. In addition, please find attached a Motor Vehicle Resolufion, which restricts right toms onto Oak Place, 7 AM to 9 AM, and left toms onto Highway 9, 4 PM to 6 PM. Both tom restrictions would be in force Monday through Friday only. If the tom restrictions are approved by City Council, the City Traffic Engineer will be directed to perform a pre and post. traffic survey of the streets in the Village Green area to measure the results of the restrictions. If it is found that the restrictions are ineffective in reducing cut through traffic or they caused undesirable traffic patterns, staff will report back to the City Councilwith recommendations. It.is recommended that the restrictions stay in place a minimum of one year from their effective date to allow traffic patterns to normalize. There is optimism that these tom restrictions coupled with the improvementsplanned at the Highway 9Big Basin Way intersection will reducecut through traffic in the Village Green Area. FISCAL IMPACTS: Approximately $200 for the purchase and installation of the signs and $4,500 for the pre and post traffic survey. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The MV Resolution would not be adopted and the traffic control restrictions go into effect. ALTERNATIVE ACTION(S): None. FOLLOW UP ACTION(S): The signs will be installed and the Sheriff'sDeparhnentwill benotified ofthe new restrictions. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. • ATTACHMENTS: 1. MV Resolution. 2. Village Green Area Map: 3. Questionnaire with petition results. M RESOLUTION NO. MV- • RESOLUTION RESTRICTING TURNS AT THE INTERSECTION OF HIGHWAY 9 AND OAK PLACE The City Council of the City of Saratoga hereby resolves as follows: Section I: Based upon an engineering and traffic study, the following turn. restrictions shall designated at the intersection of Highway 9 and Oak Placei NAME OF STREET # DESCRIPTION RESTRICTION Oak Place 1. The intersection of Highway 9 No right turns onto Oak and Oak Place. Place from Highway 9 during the hours of 7 AM to 9 AM, Monday thru Friday. 2. The intersection of Highway 9 No left turns onto Highway 9 and Oak Place. from Oak Place during the hours 4 PM to 6 PM, Monday thru Friday. This resolution shall become effective at such time as the signs and/or markings installed. The above and foregoing resolution was passed and adopted by the City Council of the City of Sazatoga at a regular meeting held on the 16th day of July, 2003, by the following vote: AYES: NOES:. ABSENT: Nick Stteit, Mayor ATTEST: Cathleen Boyer, City Clerk • Y ~~~~~~ ~~~s~~ 1 ~1~~t~ VGNA Cut-Through Traffic Mitigation Petition Village Green Cut-Through Traffic Mitigation Petition As residents within the Village Green Neighborhood (VGN) you are aware that the city is working with the Village Green Neighborhood Association (VGNAj to help mitigate neighborhood cut-through traffic problems. This is a petition that is seeking neighborhood support for the city of Saratoga to test signage on the corner of Oak Place and HW9 to reduce neighborhood cut-through traffic that occurs between HW9 and Saratoga avenue. Any resident within the neighborhood can support this proposal by assigning the appropriate entry within the petition. The Village Green Neighborhood The Village Green Neighborhood consists of households on the following street§: Oak Place, Pazk Place, Orchazd, La Paloma, and Lutheria Way. Figure 1 shows a map of the azea, with the Village. Green Neighborhood and other affected streets (for the purpose of traffic mitigation approval) shaded. For the last couple of years the neighborhood has formed the Village Green Neighborhood Association (VGNA) to encourage and host neighborhood family gatherings and to approach the city in solving various neighborhood problems, one of which is the cut-through traffic problem. Major Cut-through Traffic Problems There are four traffic cut-through problems: AM Commute Traffic (AM- CT), PM Commute Traffic (PM-CT), Oak Street School exit Commute Traffic (OS-CT) and special BVent Commute Traffic (EV-CT, i.e. Summer Mountain Winery traffic). AM-CT flows from HW9 (from Los Gatos or'Oak Street) to Saratoga Ave. during week-day mornings; however instead of waiting at the Saratoga/HW9 intersection, commuters tarn onto Oak Place and then exit onto Saza1 or Lutheria Way (City's traffic study showing the heaviest traffic exiting Pazk place). This is illustrated in Figure 1, the lazge arrows indicating traffic flow into and out of the neighborhood. OS-CT traffic has the same pattern as AM-CT (after the children pickup or drop- off has occurred) except the traffic originates from Oak Street during mornings and evenings (See Figure 1, arrow 1). Note that all AM-CT and OS-CT enters the neighborhood on Oak Place at Hli'9 (regardless of its exit). r1 U Page 1 of 8 Kevision 1.5 • VGNA Cut-Through Traffic Mitigation Petition PM-CT and EV-CT traffic flows from Sazatoga to HW9 (Los Gatos or Oak Street); however instead of waiting at the Sazatoga/HW9 intersection, drivers turn onto either Park Place (city study showing this is the heaviest route), Orchard; La Paloma, or Lutheria Way and then exit onto HW9 through Oak Place. This is illustrated in Figure 2 with arrows indicating traffic flow into and out of the neighborhood. Note that all PM and special event commute traffic exits through Oak Place (regardless of where it entered). VGNA's Goals for Cut Through Traffic Mitigation The major goals of the VGNA in relation to cut- through traffic aze: 1. Stop/reduce AM-CT traffic between HW9 and Saratoga (see Figure 1) a. Enters Oak Place b. Exits Pazk Place, Orchard, La Paloma, or Lutheria Way. 2. Stop/reduce OS-CT traffic between HW9 and Sazatoga (see Figure 1) a. Exits Oak Street after child pick-up/drop off, enters Oak Place b. Exits Park Place, Orchazd, La Paloma, or Lutheria Way. 3. Stop/reduce PM-CT traffic between Sazatoga and HW9 (see Figure 2) a. Enters Park Place, Orchard, La Paloma, or Lutheria Way. b. Exits Oak Place2 4. Stop/reduce EV-CT traffic between Saratoga and HW9 (see Figure 2) a. Enters either Pazk Place, OrchazdAvenue, La Paloma, or Lutheria Way. b. Exits Oak Place Any proposed traffic mitigation solution should be designed to solve these problems. Of these problems, the VGNA is expressing that AM-CT and PM-CT traffic between HW9-Los Gatos and Saratoga Avenue are the most important to address, as it is t'elt that the majority of the traffic through the neighborhood travels between Los Gatos and Saratoga Avenue. Recommendations: At the Mazch 17~' VGNA meeting, an overwhelming majority voted to trial an option which would install signs that address only the Los Gatos HW9 to Saratoga AM- CT and PM-CT traffic patterns. A sign restricting Los Gatos HW9 traffic from making right turns onto Oak Place during morning commute traffic hours (see dashed arrow 1 in Figure 3). An additional feature of this option provides a second sign restricting Oak Place traffic from turning left onto HW9 during PM-commute hours (see dashed arrow 2 AM-CT can originate from Oak Street or Los Gatos z PM-CT destination is either Oak Street or Los Gatos Page 2 of 8 Revision 1.5 1 VGNA Cut-Through Traffic Mitigation Petition in Figwe 3). This proposal does nothing for AM-CT (from Oak St.) and OS-CT, as left turns (see arrow. 3 in figure 3) from HW9 to Oak Place would still be allowed. It is proposed that a: trial take place to test this option that would last from 6 months to 12 months (dependent on when the trial begins). The AM commute restrictions would be from 7AM to 9AM, and PM commute restrictions would be from 4PMto 6PM. If the proposal is adopted, it is suggested that traffic patterns be monitored prior to the new signage and after the new signage in order to measwe the effects of this option. Note that the VGNA believes the best way to address EV-CT traffic is for the city to issue special event permits requiring the organizer to provide traffic mitigation control during these events (e.g. Mountain Winery may have to use temporary barriers or other. mitigation measwes on the day of any scheduled special events to prevent non- neighborhood traffic from transeciing the neighborhood in order to avoid' eventtraffic). Endorsements This proposal has been endorsed by the following .groups: • The Federated Church • The Saratoga Fire Department • Saratoga Cities Ad-hoc Council (for VGN traffic mitigation). • VGNA and their Street representatives ~ / ,"/ Conclusions The VGNA has recommended this proposal as a starting temporary measure, which if doesn't work can be removed. The VGNA has approached the city with the proposal with positive responses. We are now seeking neighborhood approval so we can officially approach the city to start the trial process: 'T`hank you for yow time, n ~~~s Figure 3; VGNA Proposal, temporary trial of signs at Oak Place and liVV9 Jim Kardach, VGNA Co-President jimkardachCa~attbi.com, (408) 741-8218, 20271 La Paloma Ave. Bryan Rosevear, VGNA Co-President I3ryan.rosevear~vancebrown.com, (408) 741-5905, 20283 La Paloma Denise Michel, VGNA Vice President denisemichelna bc~lobal.net, (408).867-1986, 20375 Park Place ~J • Page 3 of 8 Revision 1.5 VGNA Cut-Through Traffic Mitigation Petition • D 2 _. ~~s J~ ~ ~ -Signature Yes ~ ~ ~ J ' ~ ~ ~ ~ 4 Z ~~ ~. -Verbal Yes P ,~, Y L~ ® - No ~ ~ -Vacant ,~~ ~' 36 0 ~~.: ~ -Not PefRioned ~ 37 a a ,. 6 ~~ ~ ~ 2 - ~ _ ~'.'. 316:: >' 7 s. ~` 74 100 7 ~ ~, _ 93 w ~9 ` ~~ ~ ~ 98,' ~~ s ~ , 7 ~;~ : > f. k- ' ~q 4 ~ ~~b .~~~~ y,C ~ 6 r~~ , 4 2 ~u ~ y~S 7 9 9 3 52~., ~ ~ 60 ' 97 Figure 4; AffeMed Neighborhood dF ADDRESS ` ?: .,#, '= ADDRESS ' ° # ADDRESS ` r ADDRESS =. # ADDRESS % ' r=: s` 1 20195 LA PALOMA AVE 27 20283 LA PALOMA AVE 47 74321 LUTHERIA WAY 61 14482 OAK PL 87 20389 PARK PL - 2 20200 LA PALOMA AVE 22 20288 LA PALOMA AVE 42 74330 LUTHERIA WAY 62 14486 OAK PL 82 20375 PARK Pl 3 20201 LA PALOMA AVE 23 202891A PALOMA AVE 43 14341 LUTHERIA WAY 83 t44900AK PL 83 20379 PARK PL 4 20270 LA PALOMA AVE 24 20294 LA PALOMA AVE 44 74380 LUTHERIA WAY 84 14494 OAK PL 89 20385 PARK PL 5 20217 LA PALOMA AVE 25 20295 LA PALOMA AVE 45 74361 LUrHERIA WAV 65 74496 OAK PL 85 20390 PARK PL 6 20220 LA PALOMA AVE 26 20300 LA PALOMA AVE 46 74366 LVIHERIA WAY 66 20281 ORCHARD RD 88 20393 PARK PL 7 20227 LA PALOMA AVE 27 203071A PALOMA AVE 47 144340AK PL 67 202900RCHARD RD 67 20398 PARK PL 8 20230 LA PALOMA AVE 28 20306 LA PALOMA AVE 48 744400AK PL 68 203000RCHARD RD 88 20417 PARK PL 9 20231 LA PALOMA AVE 29 20315 LA PALOMA AVE 48 74441 OAK PL 69 20301 ORCHARD RD 89 74320 SAR AVE 70 20247 LAPALOMA AVE 30 14200 LUTHERIA WAY 50 14451 OAK PL~ 70 20372 ORCHARD RD 90 14340 SAR AVE tt 20250 LA PALOMA AVE 31 74227 LUTHERIA WAY 51 14452 OAK PL 77 20375 ORCHARD RD B7 20375 SAR/LG 72 20253 LA PALOMA AVE 32 14230 LUTHERIA WAY 52 74458 OAK PL 190 72 20320 ORCHARD RD 92 20385 SAW LG 13 20280 LA PALOMA AVE 33 74241 LUTHERIA WAY 53 74468 OAK PL 73 2W28 ORCHARD RD 93 20010 SPAICH CT 14 20261 LA PALOMA AVE 34 74260 LUTHERIA WAY 54 74470 OAK PL 74 20331 ORCHARD RD 94 20018 SPAICH CT 75 20284 LA PALOMA AVE 35 74280 LUTHERIA WAY 55 74472 OAK PL 75 20340 ORCHARD RD 95 20026 SPAICH CT 18 20270 LA PALOMA AVE 36 74285 LUTHERIA WAV 56 149730AKPL 78 203450RCHARD RD 88 20034 SPAICH CT t7 20271 LA PALOMA AVE 37 74290 LUTHERIA WAY 57 14474 OAK Pl 77 20350 ORCHARD RD 97 20040 SPAICH CT 18 20275 LA PALOMA AVE 38 14307 LUTHERIA WAY 58 74475 0AK PL 78 20355 ORCHARD RD 98 20057 9PA1DH CT' 78 20276 LA PALOMA AVE 39 14310 LUTHERIA WAY 59 14476 OAK PL 79 20380 ORCHARD RD 89 20075 SPAICH CT 20 20282 LA PALOMA AVE 40 74320 LUTNERIA WAV 80 14480 OAK PL 80 20363 PARK PL 700 20663 SPAICH CT Page 4 of 8 Revision 1.5 VGiVA Cut-Through Traffic Mitigation Petition ~ amr, = __ DDRESS ~ , ..;_ _ ~ .tattll, 1 andhold Da adish 0195 LA PALOMA AVE of Polled 2 alvin Tom 8 Julie 0200 LA PALOMA AVE o 3 aldwell Me 8 William 0201 LA PALOMA AVE 4 dson Jeff and Kuhoo 0210 LA PALOMA AVE 5 uncan Scott 8 In a 0211 LA PALOMA AVE 8 alia Cath 8 Tom 0220 LA PALOMA AVE 7 merson Jim and Shelle 0221 LA PALOMA AVE 8 inn Chris 8 Suz 0230 LA PALOMA AVE 9 elle Pan and Dan 0231 LA PALOMA AVE i 10 ohn Howmiller 0247 LA PALOMA AVE 11 eid, Warren and Sheila 0250 LA PALOMA AVE o 12 0253 LA PALOMA AVE of Polled 13 0280 LA PALOMA AVE of Polled 14 0281 LA PALOMA AVE of Polled 15 0284 LA PALOMA AVE of Polled 18 0270 LA PALOMA AVE o 17 im 8 Cath Kardach 0271 LA PALOMA AVE i 18 EMPTY 0275 LA PALOMA AVE scant 19 0276 LA PALOMA AVE i 20 ors, Mason 0282 LA PALOMA AVE i 21 osevear B an 8 Kidd 0283 LA PALOMA AVE 22 0288 LA PALOMA AVE 23 oan Bose 0289 LA PALOMA AVE i 24 0294 LA PALOMA AVE of Polled 25 0295 LA PALOMA AVE i 28 0300 LA PALOMA AVE i 27 mbetti Gene 0301 LA PALOMA AVE 28 0308 LA PALOMA AVE 29 0315 LA PALOMA AVE o 30 Mark M. Wilbur 14200 LUTHERIA WAY 31 Vincent Ton 14221 LUTHERIA WAY i 32 Jeffre 8Jo ce Won 14230 LUTHERIA WAY 33 a Geriena 14241 LUTHERIA WAY 34 14280 LUTHERIA WAY of Polled 35 n Ka and Vir inia 14280 LUTHERIA WAY i 38 14285 LUTHERIA WAY of Polled 37 14290 LUTHERIA WAY of Polled 38 N Hohros 14307 LUTHERIA WAY 39 nice and Ka n DeBcer 14310 LUTHERIA WAY i 40 nder Construction 14320 LUTHERIA WAY scant 41 14321 LUTHERIA WAY o 42 14330 LUTHERIA WAY of Polled 43 uericke Keith 14341 LUTHERIA WAY i 44 rassowski, Witold 8 Therese 14380 LUTHERIA WAY i • Page 5 of 8 Revision 1.5 VGNA Cut-Through Traffic Mitigation Petition i # ame i' ~ DDRESS : tBtUS-. 45 .Crawford 14361 LUTHERIA WAY i 46 14366 LUTHERIA WAY . Not Polled 47 Prabhu 14434 OAK PL Not Polled 48 Bramlett 14440 OAK PL erbal 49 Donohoe, Joe 14441 OAK PL i 50 Dukes 14451 OAK PL i 51 Parava ana 14452 OAK PL No 52 ea raves; Jeanine 14458 OAK PL 190 i 53 Huston, Cassandra 14466 OAK PL i 54 chiller Anita & Abrams, Jim 14470 OAK PL i 55 Kin ,Alan & Carol n 14472 OAK PL i 56 Palmer, Anastacia & Peter 14473 OAK PL i 57 mith, Ma ie & Neal 14474 OAK PL No 58 Martla e, Emerson & Che I 14475 OAK PL i 59 Davies, Tom and Holl 14478 OAK PL i 60 utter 14480 OAK PL Not Polled 61 teve Cam bell 14482 OAK PL i 62 effre 14486 OAK PL i 63 Boston, Karen Knudson and Brad 14490 OAK PL i 64 ermone 14494 OAK PL i 65 14496 OAK PL Not Polled 66 Un-Occu ied 0281 ORCHARD RD avant 67 Jer Smith 0290 ORCHARD RD No 68 Denari, Gre and Ni 0300 ORCHARD RD i 69 Davis, Marce & Matt 0301 ORCHARD RD i 70 hort, Walt and Jennifer 0312 ORCHARD RD i 71 Greenleaf, Thomas 0315 ORCHARD RD i 72 in er, Paul 0320 ORCHARD RD i 73 Proctor; Paul 0328 ORCHARD RD i 74 Treb R an 0331 ORCHARD RD avant 75 Youn ,Jean 0340 ORCHARD RD i 76 teward, Phil 0345 ORCHARD RD i 77 chu ert, Ma 0350 ORCHARD RD i 78 Kirk and Karen Bierach 0355 ORCHARD RD i 79 L nch, David & Kathleen 0360 ORCHARD RD i 80 in leta , Cind 0363 PARK PL i 81 uires, Ananda 0369 PARK PL i 82 MicheUS slin er, Brian&Denise 0375 PARK PL i 83 rane, Denn and Kriste for sale 0379 PARK PL i 84 0385 PARK PL i 85 arato a Church 0390 PARK PL i 86 olomon, David 0393 PARK PL i 87 Foothill Club. 0399 PARK PL Not Polled 88 Medle , Geor ian 0411 PARK PL i 89 imm Tu 14320 SAR AVE/20314 erbal Page 6 of $ Revision 1.5 VGNA Cut-Through Traffic Mitigation Petition ~# tm ~F' ~ ':~ ~:'- ~ .bDRE88 ,.,-, ", r ~ WZW 3 ,:>: 90 ussel Pe law office biz 14340 SAR AVE erbal 91 0375 SAR/LG RD of Polled 92 0385 SAR/LG RD of Polled 93 arch Alice 0010 SPAICH CT of Polled 94 ee An ela 8 Gwon -Yi 0018 SPAICH CT erbal 95 Malini&Srinivasan 0028 SPAICH CT 98 0034 SPAICH CT of Polled 97 0040 SPAICH CT of Polled 98 anice 8 Ron Battistella 0051 SPAICH CT of Polled 99 Rick & Michelle 0075 SPAICH CT of Pol 100 0883 SPAICH CT of Pol oUb /o Residence Pat'rtioned. - 77,1°/ Togl Yu Res/dence - 67.7 Verbal Yes Residence 4.2% Signature Yes Residence 63.5% o Resdence 8.3% of Petitioned 27,t°/ ouseholOS Petitioned 74.0°/ Total Yes HouseholM 83.0° Verbal Yea 4.0% Sgnaturc Yes 81.0% o HousehoWa 4.6°/ of Petitioned HousehoMS 28. ouaehoks Vacanta 4.0°/ led led CJ Page 7 of 8 Revision 1.5 VGNA Cut-Through Traffic Mitigation Petition VGN Resident Traffic Mitigation Petition Verbal Yes ©No Resdence ^ Not Petitioned Yes 67.7% Figure 1: Percent relativeto residence (vacancies excluded) VGN Household Traffic Mitigation Petition . Verbal vex Yes 65% ~ Verbal Yes O Signature Yes ONO Households ONot PetHioned Households ^ Households Vacants Figure 2: Percent Relative to Households Page 8 of 8 Revision 1.5 r~ ~.._~ SARATOGA CITY COUNCIL MEETING DATE: May 7, 2003 AGENDA ITEM: ORIGINATINGDEPT: City Manager. CITY MANAGER: ~~~~-~~- PREPARED BY: DEPT HEAD: Cathleen Boyer. Ci Clerk SUBJECT: Letter of Support to Release American Detained in China RECOMMENDED ACTION: Accept report and direct staff accordingly. REPORT SUMMARY: At the July 2, 2003 City Council meeting Dean Tsaggaris and Feng Wang. addressed the Council under oral communications. Mr. Tsaggazis and Ms. Wang explained that: Dr. Charles Lee, from Menlo Park, was azrested on January 22; 2003 as soon as he arrived in China. Mr. Lee was given a trial and was. sentenced to a 3-year jail term in Mazch for his intention to use the state-controlled television. to expose the severe human rights violations suffered by the Falun Gong practitioners in China. Mr. Tsaggaris and Ma Wang requested that the City Council write a letter of support to the Chinese Ambassador and our Senators. FISCAL IMPACTS: N/A ` CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: . N/A ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: N/A ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTAC$MENTS: Attachment A -. Draft Letter of Support Attachment B -Letter submitted to Council on July 2, 2003 from Mr. Tsaggaris. Attachment C -Proposed list of official to send letter ~~ 2 of 3 1377% FRUITPALF AV F,Nti1; e S9RATOGA; CALIFORNIA 95090 (408) 8G8-1200 Cott HCII. D4 F:MI3;;RS: Incozporated October 22, 1956 July 16, 2003. Senator Barbara Boxer 112 Hart Senate Office Building. Washington, D.C. 20510 RE: DR. CI-IARLES LEE Dears Senator Barbara Boxer: Sian Bogosiar, KathFeen King Norman Kline Nick SVeit Ann Waltonsmith We understand that Dr. Charles Lee; an American citizen, was arrested on January 22, 2003at the airport upon his arrival in China. He was tried and convicted for his "intention" to use the state- controlled television to expose the severe human rights violations suffered by the Falun Gong practitioners in China. The City of Saratoga supports the immediate release of Dr. Lee and requests that you send a letter to Yang Jiechi, Chinese Ambassador to the United States, urging him to do everything possible to ensure Mr. Lee's safety and his immediate release. Dr. Lee became an American Citizen last year and was traveling back to China to visit relatives for the Lunar New Year holiday when he was seized. Dr. Leeds currently being held in Yangzhou in Jiangsu province, some 1.,000 miles away from where he was arrested. The charges he faces carry a prison term of up top 15 years. Sincerely, Nick Streit, Mayor City of Saratoga Cc: Council 3 of 3 July 2, 2003 Re: Invitation to speak at a public rally Subject: Rescue a fellow American detained in China Date: Saturday, July 12, 2003 Time: 12:00 noon Location: The United Nations Plaza, San Francisco, CA Deaz Honorable Council Member: I would like to invite you to speak at a public rally on July 12`h at the United Nations Plaza in San Francisco. The rally is sponsored by Friends of Charles Lee and Friends of Falun Gong. We wilLstart at 12:00 noon in our call for the release of our friend, Dr. , Chazles Lee, from a jail in Nanjing, China. The rally will be followed by a 1.5 mile walk. Dr. Lee, from Menlo Park, CA, was arrested on January 22, 2003 as soon as he arrived in China. He was rushed through a sham trial and sentenced to a 3-year jail term. in Mazch of this year in a Chinese court for his "intention" to use the state-controlled television to expose the severe human rights violations suffered by the Falun Gong practitioners in China. In fact, some of the information Charles was going to reveal are the evidence supporting the current genocide lawsuit against the former Chinese president Jiang Zemin, who is fully responsible for the persecution of Falun Gong: Charles is a courageous man. He wanted to inform Chinese people about the persecution of Falun Gong practitioners. Similarly, if more people knew the truth about SARS in China, maybe the thousands of people might not have contracted this mysterious disease. If more Chinese know the truth about the persecution of Falun Gong, perhaps the regime cannot continue the brutal persecution. More human lives can be saved, Charles is in a dangerous situation right now. We just leazned that he has been mentally and physically abused in the detention; all of these contradict the Chinese government's previous claims that he had received humanitarian treatment. I respectfully ask you to help our fellow American in need, perhaps by coming to speak at our rally, or by writing a letter of support. Lending your support will not only help Dr. Lee, but will also defend the fundamental principles upon which our great nation was founded: freedom and justice for all. Sincerely, ~~.~ ~~~ Dean Tsaggaris (on behalf of Friends of Charles Lee) 555 E Washington Ave #1609 Sunnyvale, CA 94086 Phone: (408) 205-1704 Website: http:/1www.rescuecharles.org • Cathleen Boyer rom: Dean Tsaggaris [Dean.Tsaggaris@xilinx.com] ent: Monday, July 07, 2003 4:22 PM To: Cathleen Boyer Subject: Letter of Support for Dr. Charles Lee Hi. Cathleen, Thank you for the call this afternoon concerning the Saratoga .City Council's offer to write a letter on behalf of Dr. Charles Lee of Menlo Park, CA who is currently imprisoned in China. I have pasted some information below fox various officials that the Council might consider communicating with. Let me know if you need any more info to help with the process. Thanks again, Dean Tsaggaris (<t08) 205-1704 Senator Barbara Boxer 1:12 Hart Senate Office Building Washington, D. C. 20510 (202) 224-3553 (DC phone) .(•115) 403-0100 (San Francisco phone) (415) 956-6701 (San Francisco fax) (916) 448-2787 (Sacramentophone) (915) .948-2563 (Sacramento fax) http://boxer.senate.gov/ Senator Dianne Feinstein United States Senate 3:31Hart Senate Office Building Washington, DC 20510 (202) 224-384L (DC phone) ("7.02) 228-3954-(DC fax) (415) 393-0707 (San Francisco phone) http://feinstein.senate.gov/ Congresswoman Anna G. Eshoo 205 Cannon Building Washington, D.C. 20515 or forquicker response send to: Congresswoman Anna G. Eshoo 698 Emerson Street Palo Alto, California 94301 ("T_02) 225-8104 (DC phone) L (202) 225-8890 (DC fax) (650) 323-2984 (Palo Alto phone) (650) 323-3496 (Palo Alto fax) http://www-eshoo.house.gov/ Secretary of State Colin L. Powell. U.S. Department of State 2201 C Street.NW Washington, DC 20520 (202) 647-5291 (phone for Secretary Colin Powell) (202) 647-4000 (main switchboard) http://www.state.gov/secretary/ ------------------------------------------------- U.S. Ambassador to China, Clark T. Randt, Jr American Embassy Beijing 3 Xiu Shui Bei Jie Chaoyang District, Beijing, PRC 100600 (86] (10) 6532-3431 (phone) [86} (10) 6532-3831 (phone) http://www.usembassy-china.org.cn/ Chinese Ambassador to the U. S.., Yang Jiechi 2300 Connecticut Ave NW Washington, DC 20008 (202) 328-2500 (phone) (202) 588-0032 (fax) - http://www.china-embassy.org/ 2 The San Francisco Chronicle FEBRUARY 22,2003, SATURDAY, . -FINAL EDITION SECTION: NEWS; Pg. A4 LENGTH: 501 words Democrats Demand China Free Li Eshoo leads 82 from House urging release of Menlo Park man charged with sabotage Eighty-two members of Congress, led by Rep. Anna Eshoo, D-Atherton, have asked the Chinese government for the immediate release of Charles Li, a Menlo Park man China suspects of sabotage but who the American officials say is being persecuted because he is a Falun Gong follower The members sent a letter dated Thursday to Yang Jiechi, China's ambassador to the United States. "We respectfully and urgently ask that you do everything possible to ensure Mr. Li's safety and effect his immediate release," said the letter, which was signed by a bipartisan group of members. Li was detained two days afrer he arrived at the Guangdong airport in southern China on Jan. 22. Chinese officials say he was arrested in China on suspicion of sabotaging radio and television broadcasting systems. Members of Falun Gong, ameditation-exercise movement that the Chinese government banned in 1999, has also protested outside the Chinese Consulate in San Francisco to demand Li's release. Falun Gong members in China have carried on protests since their group was banned. The movement alleges that more than 100,000 members have been arrested and are reportedly held either ih labor camps or mental hospitals where authorities try to "cure" them and get them to renounce whatBeijing considers a dangerous cult. China claims that Falun Gong members have seized or hacked into Chinese communications systems in the past. • Li, 37, became an American citizen last year and was traveling back to China to visit relatives for the Lunar New Year holiday when he was seized. "We are extremely concerned about the religious persecution of Falun Gong practitioners in China who-have been detained and tortured because of their beliefs," the group from Congress said in their letter. At the embassy, press counselor Xie Feng said that Li "has been treated in a humane way, and he is in good health. U.S. consular officials have been visiting him." Li, who operates a Chinese herbal medicine business in Menlo Park, is being held in Yangzhou in Jiangsu province, some 1,000 miles away from where he was arrested. The charges he faces carry a prison term of up to I S years. Adam Leming of Mountain View, a Falun Gong practitioner and Li's friend, said Li had no knowledge of electronics. "We're concerned for his safety and well-being," and he was encouraged by the congressional letter. Falun Gong is trying to find a lawyer licensed to practice in China to handle Li's case, he added. In addition to Eshoo, Bay Area House Democrats who signed the letter include House Minority Leader Rep. Nancy Pelosi of San Francisco, and Reps. Tom Lantos of San Mateo, Zoe Lofgren and Mike Honda of San Jose, Pete Stark of Fremont, Ellen Tauscher of Walnut Creek, Barbara Lee of Oakland, Lynn Woolsey of Petaluma and Sam Farr of Carmel.E-mail Edward Epstein at eepstein(a~sfchronicle.com. • GRAPHIC: PHOTO (2), (1) These meditating women were part of a protest at the Chinese Consulate in San Francisco on Jan. 30 in which demonstrators demanded release ofFalun Gong practitioner Charles Li, left. /John O'Hara/The Chronicle LOAD-DATE: February 22, 2003 NENRY J HTDE.Il1~l~aS Cxnpucn N[pP{Sxi StAIH. N[w J[uSEv IMLLIAM J. JANNLOW. SWix YATHEPINE HARRIS. itnxi0< xpu5f fnMxEY p~.x)Gel[~ryGraey G~~na JOxxwatxEP POpFx15 OxMI Sr..i Cxl;~ a Dear Colleague: TOIA IANTOS. CCUFOpxv. RPnuixG DEUpppF)K MEMB[p ONE HUNDRED Elf.}{T11'CONGRF.SS GARY L.HONERIAAN. NEw ropz ENIFM FALEOMAVAEGA. PJn[pK<x; CONGRESS OF THE UNITED STATES ' OONALDM. PPYNE. N[w J[PSfr ROBERT MENENDE2. NFw JE05Ev SHERROD BROWN.OxiO CODIMITTEE ON INTERNATIONAL RELATIONS BRADSHERMAN.CPLI[Opnip ROBERT WE%LER. ROxIDa HOUSE OF REPRESENTATIVES ELIOT L. ENGEL. NEw YORu WILLUMD.DEIAHUNT.MpsOpcxviEl GREGORY W. MEEKS, NEw YOBx ~~ASHINGTON DC 20515 BARBARALEE.Gturopxu JOSEPH CROWLEV. NEw Youx JOSEPH M. HOEFFEI. PENNSYIVPNP EARL BLUMENAVER.OPEGOx 7~ELEPHONE: (202225-SO2t SHELIEY BERKIEY.N[vnop GRACE i. NAPOUTANO. CPOfCPH4 - ADPM B. BOHIFF. Guiopxip DIANE E. WATBON. Guropxu - 'ADAM GMRX, WPSWN41px BETTT MCCOLLUM, M1BmIfSO)a CHRIS BELL. TEVO POBEPIp xMG July 2, 2003 a.,....,,.,.Ga.,:. >Ff FPM VEO - w.N.xx a,+, s.... Ewa.. G.nos apPpwwrtx a.:<..~. c.. u.•<o Since 1999, the Chinese Government has engaged in systematic persecution of peaceful Falun Gong practitioners. Chinese citizens who practice Falun Gong are locked away in prison or psychiatric institutions for years on end. and are often tortured in an effort to get them to renounce their beliefs. Ott October 18, 2002, Fnlun Gong prnct/boners in 1/re U.S. and nbrond !Dolt decisive legnl nction to stop this systemntic and brutnl persecution. During former Chinese President Jiang Zemin's visit last year to the United States, Falun Gong practitioners and their families filed a lawsuit in the Northern Dish~ict Court of Illinois against Jiang and the "6/10 Office" which has responsibility for persecuting Falun Gong. The lawsuit, filed under the Alien Tort Claims Act and the Torture V ictim Protection Act, seeks compensatory and pw~itive damages for torture, genocide and other crimes against humanity committed by former President Jiang and the "6/1D Office" against Falun Gong practitioners. Congress approved the Alien Tort Claims Act and the Torture Victim Protection Act, in part, to give individuals who have been brutalized by authoritarian regimes abroad redress in the U.S. court system. For Chinese and American citizens who have been illegally sent to prisons and psychiatric institutions against their will, suffered brutal physical and mental torture, and made to live in appalling conditions, there is no hope that the Chinese court system will bring them justice. The Fnlwt Gong lawsuit filed in Illinois provides just that /rope. Unfortunately, the U.S. Department of Justice has filed a motion to dismiss the Falun Gong lawsuit pending in Northern District Court of Illinois. The Administration asserts that former President Jiang was insufficiently served with a summons (even though the summons was given to those around him), that allowing Jiang to be sued in American courts risks retaliatory suits against U.S. officials (a point considered, and explicitly rejected, by Congress when it approved these laws), and that Jiang enjoys sovereign immunity as Chinese president (even though he is no longer President of China). In short, instead of promoting the use of the t~vo laws designed to give hope to victims of gross violations of human rights. abroad, the Administration has aggressively sided with Beijing in part to avoid friction in our bilateral relationship. • To redress this imbnlmrce, we will seek to frle nn Amicus Carne brief with the Northern ' District Court of Illinois in support of the arguments raised by Fn/mr Gong prnctitioners and explicitly rejecting certain arguments raised by the Administration. The brief asserts that . Congress has a legitimate interest. in upholding the integrity of the two statutes and its interests in international human rights issues. that many of theses issues should be resolved without intervention by the' Justice Department, that Congress recognized and accepted the potential adverse consequences of lawsuits against high-level foreign officials when it passed these laws. and that .Bang no longer enjoys sovereign immunity as a former head of state. As Fnlun Gong prnctitioners seek to use these two crilicnl human rights statutes for tl:e purposes for which they were intended, we in Congress hove n responsibility to support their efforts. We /rope flrnt n strong expression of Corrgressiona/ views wi/1 allow this critically-importmrt lmvsuil to move fonvnrd in U.S. courts and to be decided on its merits. IT you would like to sign She nnnched Amicus Carne brief, please contncf Carol Do/rerty nt x56735 by noon on Monday. Jmre 9112 Sincerely, Tom Lantos Ranking Democratic Member ~J SARATOGA CITY COUNCIL MEETING DATE: July 16, 2001 ORIGINATING DEPT: Community Development AGENDA ITEM: /~ CITY MANAGER: Y// PREPARED BY: Thomas Sullivan, AICP DEPT HEADc _~~ SUBJECT: Community Development Employment Agreement for Allison Knapp RECOMMENDED ACTION: Approve the following: 1. Agreement with Allison Knapp, Senior Planner REPORT SUMMARY: Ms Knapp, a principal of Knapp Wollum Consulting Services, worked for the City on a part time basis, between August 1, 2000 and the Fal] of 2001: Once the Department was fully staffed in 2001, Ms. Knapp's services were no longer needed. With the submittal of the Barry Swenson 60- unit condominium project I am requesting to bring her back on boazd to manage the planning review process. She will work directly for me. Her assignment will include assisting with the formal completeness review, writing and issuing Request for Proposals for planning consultants to prepaze the Environmental Impact Report, staffmg community workshop ,meetings held by the developer and generally preparing Staff Reports and ensuring that all documents aze completed in a timely and thorough manner: FISCAL IMPACTS: There are no fiscal impacts as the Department operates on a deposit system that was put in place last yeaz. The City will have full cost recovery. This includes City Staff, Consultants, overhead and the City Attorney. Richard and I have discussed the need for him to provide invoices to me that have monies withdrawn from the deposit accounts. Ms: Knapp's rate to municipal clients is $75.00/hour. The rate charged to developers on a pass through arrangement, such as what we are establishing for this project, is $100.00/hour. This is not unusual. The applicant is fully awaze that the $28,000 deposit was just that and as the project is processed additional monies will be needed. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: If this contract is not approved, the Community Development Department will juggle the other 45 applications, General Plan updates, Zoning Code updates, Annexations and make it all work. It just will not be as efficient and frankly, it exposes City Staff to the rigors and pitfalls of a very complex. and controversial project. ALTERNATIVE ACTION: 1. Direct Staff to accomplish all needed work on the 60-unit project in-house. FOLLOW UP ACTION: Execute contracts and distribute. ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENT: Agreement with Allison Knapp • CITY OF SARATOGA STANDARD INDEPENDENT CONTRACTOR AGREEMENT THIS AGREEMENT is made at Saratoga, California by and between the CITY OF SARATOGA, a municipal corporation ("City"), and Allison Knapp, ("Contractor"), who agree as follows: RECITALS WHEREAS, City requires the services of a qualified contractor to provide the work product described in Exhibit A of this Agreement; and WHEREAS, Contractor is duly qualified to provide the required work product; and WHEREAS, Contractor is agteeable to providing such work product on the terms and conditions hereinafter set forth. NOW THEREFORE, the parties hereto agree as follows: 1. RESULTS TO BE ACHEIVED. Subject to the terms and conditions set forth in this Agreement, Contractor shall provide to City the work product described in Exhibit A ("Scope of Work"). Contractor is not authorized to undertake any efforts or incur any .costs whatsoever under the terms of this Agreement until receipt of a fully executed Purchase Order from the Finance Department of the City of Saratoga. 2. TERM. The term of this Agreement commences on July 3, 2003 and extends through the completion of the project, unless it is extended by written mutual agreement between the parties, provided that the parties retain the right to terminate this Agreement as provided in Exhibit D at all times. 3. PAYMENT. City shall pay Contractor for work product produced pursuant to this Agreement at the time and in the manner set forth in Exhibit B ("Payment"). The payments specified in Exhibit B shall be the only payments to be made to Contractor in connection with Contractor's completion of the Scope of Work pursuant to this Agreement. Contractor shall submit all billings to City in the manner specified in Exhibit B; or, if no manner is specified in Exhibit B, then according to the usual and customary procedures and practices which Contractor uses for billing clients similar to City. 4. FACILITIES AND EQUIPMENT. Except as set forth in Exhibit C ("Facilities and Equipment"), Contractor shall, at its sole cost and expense, furnish all facilities and equipment, which may be required for completing the Scope of Work pursuant to this Agreement. City shall furnish to Contractor only the facilities and equipment listed in Exhibit C according to the terms and conditions set forth in Exhibit C. Standard Independent Contractor Agreement Page I of4 5. GENERAL PROVISIONS. City and Contractor agree to and shall abide by the • general provisions set forth in Exhibit D ("Genera] Provisions"). In the event of any inconsistency between said general provisions and any other terms or conditions of this Agreement, the other term or condition shall control insofar as it is inconsistent with the General Provisions. 6. EXHH3ITS. All exhibits referred to in this Agreement are attached hereto and are by this reference incorporated herein and made a part of this Agreement. 7. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the City by Community Development Director ("Administrator"). The Administrator has complete authority to receive information, interpret and define City's policies consistent with this Agreement, and communicate with Contractor concerning this Agreement. All correspondence and other communications shall be directed to or through the Administrator or his or her designee. 8. NOTICES. All notices or communication concerning a party's compliance with the terms of this Agreement shall be in writing and may be given either personally, by certified mail; return receipt requested, or by overnight express carrier. The notice shall be deemed to have been given and received on the date delivered in person or the date upon which the postal authority or overnight express carrier indicates that the mailing was delivered to the address of the receiving Party. The Parties shall make good faith efforts to provide advance courtesy notice of any notices or communications hereunder via telefacsimile. However, under no circumstances shall such courtesy notice satisfy the notice requirements set forth above; nor shall lack of such courtesy notice affect the validity of service pursuant to the notice requirement set forth above. Any Party hereto, by giving ten (10) days written notice to the other, may designate any other address as substitution of the address to which the notice or communication shall be given. Notices or communications shall be given to the Parties at the addresses set forth below until specified otherwise in writing: Notices to Contractor shall be sent to: Allison Knapp 590 Steiner Street, Suite 302 San Francisco, California 94117 Notices to City shall be sent to: Community Development Director .City of Sazatoga 13777 Fruitvale Avenue Sazatoga, CA 95070 • Standazd Independent Contractor Agreement Page 2 of 4 . With a copy (which copy shall not constitute notice) to: City Clerk City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 9. ENTIRE AGREEMENT. This Agreement supersedes any and all agreements, either oral or written, between the parties hereto with respect to Contractor's completion of the Scope of Work on behalf of City and contains all of the covenants and agreements between the. parties with respect to the rendering of such services in any manner whatsoever. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party,. or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement, statement or promise not contained in this Agreement shall be valid or binding. No amendment, alteration, or variation of the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. CONTRACTOR: By: Print Name: ALLISON KNAPP WOLLAM Date: Position: CITY OF SARATOGA, a municipal corporation By: Date: Name: DAVID ANDERSON Title: CITY MANAGER APPROVED AS TO FORM: City Attorney Date: Standard Independent Contractor Agreement Page 3 of 4 APPROVED AS TO BUDGET AUTHORITY AND INSURANCE: By: Date: Administrative Services Director Attachments Exhibit A -- Scope of Work Exhibit B -- Contract Payment and Reporting Schedule Exhibit C -- Facilities and Equipment Exhibit D -- General Provisions Exhibit E --Insurance Requirements Standard Independent Contractor Agreement Page 4 of 4 n U EXHIBIT A SCOPE OF WORK Contractor shall complete the attached Scope of Work. The scope of work but is limited to all necessary planning application processing for the Barry Swenson Project located on Quito Road. The work will inchtde assisting with the formal completeness review,. writing and issuing Request for Proposais for planning consuhants to prepare the Environmental Impact Report, staffing community workshop meetings held by the developer and generally preparing. Staff Reports and ensuring that alI documents are completed in a timely and thorough manner. Exhibit A Page I of 1 EXHIBIT B PAYMENT 1. TOTAL COMPENSATION.. City shall pay Contractor an amount not to exceed the -total sum of Ten Thousand Dollars ($10,000) for work to be performed and reimbursable costs incurred pursuant to this Agreemern: The total sum stated above shall be the total which City shall pay for the work product to be provided by Comractor pursuant to this Agreemem. 2. INVOICES. Comractor shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost. for work performed and reimbursable expenses incurred prior to the invoice date. Invoices shall comain the following information: a. Serial idernifications ofbills, i.e., Bill No. l; b. The beginning and ending dates of the billing period; c. a summary containing the. total cornract amount, the amount of prior billings, the total due this period, and the remaining balance available for all remaining billing periods. 3. MONTHLY PAYMENTS. City sha11 make mornhIy paymerns, based on such invoices, for satisfactory progress in completion of the Scope of Work, and for authorized reimbursable expenses incurred. . 4. REIMBURSABLE EXPENSES. There shall be no right to reimbursement of expenses incurred by Contractor except as specified. in Exhibit A to this Agreement_ Exhibit B Pagel of 1 EXHIBIT C FACII.ITIES AND EQUIPMENT City shall furnish physics] facilities such as desks, filing cabinets, and conference space,. as may be reasonably necessary for Contractor's use while consuhing with City employees and reviewing records and the information in possession of City. The location, quantity, and time offurnishing said physical facilities shalt be in the sole discretion of City. In no event shall City be obligated to furnish arty facility which may involve incurring any direct expense, including, but. not limiting the generality of this exclusioq long-distance telephone or other communication charges, vehicles, and reproduction facilities. Contractor shad not use such services, premises, faciliries, supplies or equipment for any purpose other than in the performance of Contractor's obligations under this Agreement_ U • Exhibit. C Page 1 EXHIBIT D GENERAL PROVISIONS INDEPENDENT CONTRACTOR. At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee of City. Contractor shall complete the Scope of Work hereunder in accordance with currently approved methods and practices in Contractor's field. City shall have the right to control Contractor only with respect to specifying the results to be obtained from Contractor pursuant to this Agreement. City shall not have the right to control the means by which Contractor accomplishes services rendered pursuant to this. Agreement. Likewise, no relationship of employer and employee is created by this Agreement between the City and Contractor or any subcontractor or employee of Contractor. Nothing contained in this Agreement shall be construed as limiting the right of Contractor to engage in Contractor's profession separate and apart from this Agreement so long as such activities do not interfere or conflict with the performance by Contractor of the obligations set forth in this. Agreement. Interference or conflict will be determined at the sole discretion of the City. 2. STANDARD OF PERFORMANCE. Contractor shall complete the Scope of Work required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Contractor is engaged in the geographical azea in which Contractor practices its profession. Al] work product of whatsoever nature, which Contractor delivers to City pursuant to this Agreement, shall be prepared in a substantial, first class and workmanlike manner and conform to the standazds of quality normally observed by a person practicing in Contractor's profession. 3. TIME. Contractor shall devote such time to the Scope of Work pursuant to this Agreement as may be reasonably necessary for satisfactory performance of Contractor's obligations pursuant to this Agreement. 4. CONTRACTOR NO AGENT. Except as City may specify in writing, Contractor shall have no authority, express or implied, to act on behalF of City in any capacity whatsoever as an agent. Contractor shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever. 5. BENEFTTS AND TAXES.. Contractor shall not have any claim under this Agreement or otherwise against City for seniority, vacation time, vacation pay, sick leave, personal time off, overtime, health insurance, medical care, hospital care, insurance benefits, social security, disability, unemployment, workers compensation or employee benefits of any kind. Contractor shall be solely liable for and obligated to pay directly all applicable taxes, including, but not limited to, federal and state income taxes, and in connection therewith Contractor shall indemnify and hold City harmless from any and all liability that City may incur because of Contractor's failure to pay such taxes. City shall have no obligation whatsoever to pay or withhold any taxes on behalf of Contractor. • Exhibit D Page 1 of 8 . 6. ASSIGNMENT PROHIBITED. No party to this Agreement may assign any right or obligation pursuant to this Agreement. Any attempted or purported assignment of any right or obligation pursuant to this Agreement shall be void and of no effect. However, with the consent of the City given in writing, Contractor is entitled to subcontract such portions of the work to be performed under this Agreement as may be specified by City. 7. PERSONNEL. a. Qualifications. Contractor shall assign only competent personnel to complete the Scope of Work pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the removal of any such persons, Contractor shall, immediately uponreceiving notice from city of such desire of City, cause the removal of such person or persons. b. Employment Eligibility. Contractor shall ensure that all employees of Contractor and any subcontractor retained. by Contractor in connection with this Agreement have provided the necessary documentation to establish identity and employment eligibility as required by the Immigration Reform and Control Act of 1986. Failure to provide the necessary documentation will result in the termination of the Agreement as required by the Immigration Reform and Control Act of 1986. • 8. CONFLICT OF INTEREST. a. In General. Contractor represents and warrants that, to the best of the Contractor's knowledge and belief, there are no relevant facts or circumstances which could give rise to a conflict of interest on the part of Contractor, or that the Contractor has already disclosed all such relevant information. b. Subsequent Conflict of Interest. Contractor agrees that if an actual or potential conflict of interest on the part of Contractor is discovered after awazd, the Contractor will make a full disclosure in writing to the City. This disclosure shall include a description of actions, which the Contractor has taken or proposes to take, after consultation with the City to avoid, mitigate, or neutralize the actual or potential conflict. Within 45 days, the Contractor shall have taken all necessary steps to avoid, mitigate, or neutralize the conflict of interest to the satisfaction of the City. c. Interests of City Officers and Staff. No officer, member or employee of City and no member of the City Council shall have any pecuniary interest, direct or indirect, in this Agreement or the proceeds thereof. Neither Contractor nor any member of any Contractor's family shall serve on any City boazd or committee or hold any. such position which either by rule; practice or action nominates, recommends, or supervises Contractor's operations or authorizes funding to Contractor. . 9. COMPLIANCE WITH LAWS. Exhibit D Page 2 of 8 a. In General. Contractor shall observe and comply. with all laws, policies, general rules . and regulations established by City and shall comply with the common law and all laws, ordinances, codes and regulations of governmental agencies, (including federal, , state, municipal and local governing bodies) applicable to the performance of the Scope of Work hereunder, including, but not limited to, all provisions of the Occupational Safety and Health Act of 1979 as amended. b. Licenses and Permits. Contractor represents and warrants to City that it has all licenses, pernuts, qualifications and approvals of whatsoever nature, which are legally required for Contractor to practice its profession. Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals which are legally required for Contractor to practice its profession. In addition to the foregoing, Contractor shall obtain and maintain during the term hereof a valid City of Saratoga Business License. c. Funding Agency Requirements. To the extent that this Agreement may be funded by fiscal assistance from another entity, Contractor shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program. d. Drug-free Workplace. Contractor and Contractor's employees and subcontractors • shall comply with the City's policy of maintaining a drug-free workplace. Neither Contractor nor Contractor's employees and subcontractors shall unlawfully manufacture, distribute, dispense, possess or use controlled substances, as defined in 21 U.S. Code Section 812, including marijuana, heroin, cocaine, and amphetamines, at any facility, premises or worksite used in any manner in connection with performing services pursuant to this Agreement. If Contractor or any employee or subcontractor of Contractor is convicted or pleads nolo contendere to a criminal drug statute violation occurring at such a facility, premises, or worksite, the Contractor, within five days thereafter, shall notify the City. e. Discrimination Prohibited. Contractor assures and agrees that Contractor will comply with Title VII of the Civil Rights Act of 1964 and other laws prohibiting discrimination and that no person shall, on the grounds of race, creed, color, disability,. sex, sexual orientation; national origin, age, religion, Vietnam era veteran's status, political affiliation, or any other non-merit factors be excluded from participating in, be denied the benefits of, or be otherwise subjected to discrimination under this Agreement. 10. DOCUMENTS AND RECORDS. a. Property of City. All reports; data, maps, models, charts, studies, surveys, photographs, memoranda or other written documents or materials prepared by . Contractor pursuant to this Agreement shall become the property of City upon Exhibit D Page 3 of 8 . completion of the work to be performed hereunder or upon ternvnation of this Agreement. b. Retention of Records. Until the expiration of five years after the furnishing of any services pursuant to this Agreement, Contractor shall retain and make available to the City or any party designated by the City, upon written request by City, this Agreement, and such books, documents and records of Contractor (and any books, documents, and records of any subcontractor(s)) that are necessary or convenient for audit purposes to certify the nature and extent of the reasonable cost of services to City. c. Use Of Recycled Products. Contractor shall 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. d. Professional Seai. Where applicable in the determination of the contract administrator, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the report/design preparation. The stamp/seal shall be in a block entitled "Seal and Signature of Registered Professional with report/design responsibility" as per the sample below. • Seal and Signature of Registered Professional with report/design responsibility. I1. CONFIDENTIAL INFORMATION. Contractor shall hold any confidential information received from City in the course of performing this Agreement in trust and confidence and will not reveal such confidential information to any person or entity, either during the term of the Agreement or at any time thereafter. Upon expiration of this Agreement, or termination as provided herein,. Contractor shall return materials which contain any confidential information to City. Contractor may keep one. copy for its confidential file. For purposes of this paragraph, confidential information is defined as all information disclosed to Contractor which relates to City's past, present, and future activities, as well as activities under this Agreement, which information is not otherwise of public record under California law. 12. RESPONSIBILITY OF CONTRACTOR Contractor shall take all responsibility for the work, shall bear all losses and damages directly or indirectly resulting to Contractor, to any subcontractor, to the City, to City officers and employees, or to parties designated by the City, on account of the performance or character of the work, unforeseen difficulties, Exhibit D Page 4 of 8 accidents, occurrences or other causes predicated on active or passive negligence of the Contractor or of any subcontractor.. 13. INDEMNIFICATION. Contractor and City agree that City, its employees, agents and officials shall, to the fullest extent permitted by law, be fially protected from any loss, injury, damage, claim, lawsuit, cost, expense, attorneys fees, litigation costs, defense costs, court costs or any other cost arising out of or in any way related to the performance of this Agreement. Accordingly, the provisions of this indemnity provision are intended by the parties to be interpreted and construed to provide the fullest protection possible under the law to the City.- Contractor acknowledges that City would not enter into this agreement in the absence of the commitment of Contractor to indemnify and protect City as set forth below. a. Indemnity. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold harmless City, its employees, agents and officials, from any liability, claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind whatsoever without restriction or limitation, incurred in relation to, as a consequence of or arising out of or in any way attributable actually, allegedly or impliedly, in whole or in part, to the performance of this Agreement. All obligations under this provision aze to be paid by Contractor as they are incurred by the City. b. Limitation on Indemnity. Without affecting the rights of City under any provision of S this agreement or this section, Contractor shall not be required to indemnify and hold harmless City as set forth above for liability attributable to the sole fault of City, provided such sole fault is determined by agreement between the parties or the findings of a court of competent jurisdiction. This exception will apply only in instances where the City is shown to have been solely at fault and not in instances where Contractor is solely or partially at fault or in instances where City's fault accounts for only a percentage of the liability involved. In those instances, the obligation of Contractor will be all-inclusive and City will be indemnified for all liability incurred, even though a percentage of the liability is attributable to conduct of the City. c. Acknowledgement.. Contractor acknowledges that its obligation pursuant to this section extends to liability attributable to City, if that liability is less than the sole fault of City. Contractor has no obligation under this agreement for liability proven in a court of competent jurisdiction or by written agreement between the parties to be the sole fault of City. d. Scope of Contractor Obligation. The obligations of Contractor under this or any other provision of this Agreement will not be limited by the provisions of any workers' compensation act or similar act. Contractor expressly waives its statutory immunity under such statutes or laws as to City, its employees and officials. • Exhibit D Page 5 of 8 e. Subcontractors. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every subcontractor, subtier contractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance or subject matter of this Agreement. In the event Contractor fails to obtain such indemnity obligations from others as required here, Contractor agrees to be fully responsible according to the terms of this section. f. In General. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns, or heirs of Contractor and shall survive the termination of this agreement. or this section. For purposes of Section 2782 of the Civil Code the parties hereto recognize and agree that this Agreement is not a construction contract. By execution of this Agreement, Contractor acknowledges and agrees that it has read and understands the provisions hereof and that this paragraph is a material element of consideration. City approval of the insurance contracts required by this Agreement does not relieve the Contractor or subcontractors from liability under this paragraph. 14. INSURANCE REQUIREMENTS. Contractor shall procure and maintain for the duration of the contract insurance as set forth in Exhibit E. The cost of such insurance shall be included in the Contractor's bid. 15. DEFAULT AND REMEDIES. a. Events of default. Each of the following shall constitute an event of default hereunder: I. Failure to perform any obligation under this Agreement and failure to cure such breach immediately upon receiving notice of such breach, if the breach is such that the City determines the health, welfare, or safety of the public is immediately endangered; or 2. Failure to perform any obligation under this Agreement and failure to cure such breach within fifteen (15) days of receiving notice of such breach, if the breach is such that the City determines that the health, welfare, or safety of the public is not immediately endangered, provided that if the nature of the breach is such that the City determines it will reasonably require more than fifteen (15) days to cure, Contractor shall not be in default if Contractor promptly commences the cure and diligently proceeds to completion of the cure. b. Remedies upon default. Upon any Contractor default, City shall have the right to immediately suspend or terminate the Agreement, seek specific performance, contract with another party to perform this Agreement and/or seek damages including incidental, consequential and/or special damages to the full extent allowed by law. Exhibit D Page 6 of 8 c. No Waiver. Failure by City to seek any remedy for any default hereunder shall not constitute a waiver of any other rights hereunder or any right to seek any. remedy for any subsequent default. 16. TERMINATION. Either party may terminate this Agreement with or without cause by providing 10 days notice in writing to the other party. The City may terminate this Agreement at any time without prior notice in the event that Contractor commits a material breach of the terms of this Agreement. Upon termination, this Agreement shall become of no further force or effect whatsoever and each of the parties hereto shall be relieved and dischazged herefrom, subject to payment for acceptable services rendered prior to the expiration of the notice of termination. Notwithstanding the foregoing, the provisions of this Agreement concerning retention of records, City's rights to material produced, confidential information, contractor's responsibility, indemnification, insurance, dispute resolution, litigation, and jurisdiction and seyerability shall survive termination of this Agreement. 17. DISPUTE RESOLUTION. The parties shall make a good faith effort to settle any dispute or claim arising under this Agreement. If the parties fail to resolve such disputes or claims, they shall submit them to nonbinding mediation in California at shazed expense of the parties for at least 8 hours of mediation. If mediation does not arrive at a satisfactory result, arbitration, if agreed to by all parties, or litigation maybe pursued. In the event any dispute resolution processes are involved, each party shall bear its own costs and attorneys fees. 18. LITIGATION. If any litigation is commenced between parties to this Agreement concerning any provision hereof or the rights and duties of any person in relation thereto; each party shall bear its own attorneys' fees and costs. 19. NRISDICTION AND SEVERABILITY. This Agreement shall be administered and interpreted under the laws of the State of California. Jurisdiction of litigation arising from this Agreement shall be in that state and venue shall be in Santa Clara County, California. If any part of this Agreement is found to conflict with applicable laws, such part shall be inoperative, null and void insofar as it conflicts with said laws, but the remainder of this Agreement shall be in full force and effect. 20. NOTICE OF NON-RENEWAL. Contractor understands and agrees that there is no representation, implication, or understanding that the City will request that work product provided by Contractor under this Agreement be supplemented or continued by Contractor under a new agreement following expiration or termination of this Agreement: Contractor waives all rights or claims to notice or hearing respecting any failure by City to continue to request or retain all or any portion of the work product from Contractor following the expiration or termination of this Agreement. 21. PARTIES IN INTEREST. This Agreement is entered only for the benefit of the parties executing this Agreement and not for the benefit of any other individual, entity or person. Exhibit D Page 7 of 8 22. WAIVER Neither the acceptance of work or payment for work pursuant to this Agreement shall constitute a waiver of any rights or obligations arising under this Agreement. The failure by the City to enforce any of Contractor's obligations or to exercise City's rights shall in no event be deemed a waiver of the right to do so thereafter. Exhibit D Page 8 of 8 EXHIBIT E INSURANCE Please refer to the insurance. requirements listed below. Those, which have an "X", indicated in the space before the requirement applies to Contractor's Agreement (ignore any not checked). Contractor shall provide its insurance broker(s)/agent(s) with a copy of these requirements and request that they provide Certificates of Insurance complete with copies of al] required endorsements to: Administrative Services Officer; City of Saratoga, 13777 Fruitvale Avenue, Sazatoga, CA 95070: Contractor shall furnish City with copies of original endorsements affecting coverage required by this. Exhibit E. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements and certificates aze to be received and approved by City before work commences. City has the right to require Contractor's insurer to provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. X Commercial GeneraUBusiness Liability Insurance with coverage as indicated: X $1,000,000 per occurrence/$2,000,000 aggregate limits for bodily injury and property damage $ per occurrence bodily injury/$ per occurrence property damage Coverage for X, C, U hazards MUST be evidenced on the Certificate of Insurance _ If the standard ISO Form wording for "OTHER INSURANCE", or other compazable wording, is not contained in Contractor's liability insurance policy, an endorsement must be provided that said insurance will be primary insurance and any insurance or self-insurance maintained by City, its offrcers, employees; agents o~ volunteers shall be in excess of Contractor's insurance and shall not contribute to it. X Auto Liability Insurance with coverage as indicated: X $1,000,000 combined single limit for bodily injury and property damage $ per person/$ per accident for bodily injury $ per occurrence for property. damage $ 500,000 combined single limit for bodily injury and property damage _ Garage keepers extra liability endorsement to extend .coverage to all vehicles in the caze, custody and control of the contractor, regazdless of where the vehicles are kept or driven. • Exhibit E Page 1 of 3 _ Professional/Errors and Omissions Liability with coverage as indicated: _ $1,000,000 per loss/ $2,000,000 aggregate _ $5,000,000 per loss/ $5,000,000 aggregate Contractor must maintain ProfessionaVErrors & Omissions Liability coverage for a period of three years after the expiration of this Agreement. Contractor may satisfy this requirement by renewal of existing coverage or purchase of either prior acts or tail coverage applicable to said three year period. X Workers' Compensation Insurance X Including minimum $1,000,000 Employer's Liability The Employer's Liability policy shall be endorsed to waive any right of subrogation as respects the City, its employees or agents. The Contractor makes the following certification, required by section 1861 of the California Labor Code: I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance . with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract X Additional Insured Endorsement(s) for Commercial GeneraUBusiness Liability coverage naming the City of Saratoga, its officers, employees and agents as additional insured. (NOTE: additional insured language on the Certificate of Insurance is NOT acceptable without a separate endorsement such as Form CG 20 10) X The Certificate of Insurance MUST provide 30 days notice of cancellation, (10 days notice for non-payment of premium). NOTE: the following words must be crossed out or deleted from the standard cancellation clause: "... endeavor to ..." AND "...but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives." All subcontractors used must comply with the above requirements except as noted below: • As to all of the checked insurance requirements above, the following shall apply: Exhibit E Page 2 of 3 a. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials and employees; or (2) the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. b. City as Additional Insured.. The City, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor, premises owned; occupied orused by the Contractor, or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of the protection afforded to the City, its officers, officials, employees or volunteers. c. Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the following provisions:. 1. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees or` volunteers. • 2. The Contractor's insurance shall apply sepazately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. Coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail; return receipt requested, has been given to the City. d. Acceptability of Insurers. Insurance is to be placed with insurers with a Bests' rating of no less than A:VII • Exhibit E Page 3 of 3 SARATOGA CITY COUNCIL MEETING DATE: July 16, 2003 AGENDA ITEM: ORIGINATING DEP'}~'City Manager CITY MANAGER: ~~~ PREPARED BYI~~) DEPT HEAD: SUBJECT: Celebrate Saratoga 2003 -°`Fun Zone" Sponsorship RECOMMENDED ACTION: Accept report and direct staff accordingly. REPORT SUMMARY: Back re ound The Saratoga Chamber of Commerce's annual "Celebrate Saratoga" will be held on September 13, 2003. Celebrate Saratoga started in 1989 as a small community event and now has evolved into one of the largest outdoor evening street dance festivals in Silicon Valley. More than 300 volunteers work together with more than 30,000 attending this event. Mayor Streit suggested that the City become more involved as a sponsor. The Chamber suggested sponsorship of the "Fun Zone". The "Fun Zone" azea is a family activity area located in the Saratoga Village Center. Within this area there will be a variety of games; face painting, bounce houses, etc. Staff contacted Kristen Davis, Executive Director/Chamber of Commerce, who provided the attached information. The sponsor of this activity will receive the following benefits as an exclusive sponsor: • City's logo on all print advertising • City's logo on the Chambers website • 2'by 10' banner at each entrance (provided by the sponsor) • Small poster at each activity. FISCAL IMPACTS: The cost associated to this "Fun Zone" sponsorship is $2,500; which could be an appropriation from 001-1010-511-5002 Council Contingency to 001-1005-511-4051 City Council.- Special Events CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: Complete sponsorship forms. and send to Chamber of Commerce. ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: Attachment A -Fun Zone Sponsorship Packet Attachment B -Resolution Appropriating Funds 2of2 FUN ZONE SPONSORSHIP CELEBRATE SARATOGAI 2003 STREET DANCE SARATOGA CHAMBER OF COMMERCE "serving business & the community for over 75 years" 14485 Big Basin. Way Saratoga, California 95070. Telephone: (408) 867-0753 Fax: (408) 867-5213 www.saratogachamber.org Celebrate Saratoga! 2003 Street Dance! 2003 marks the 15`n annual Celebrate Saratoga! Street Dance. The event will be held on Saturday, September 13`n from 5:30 to 10:30 pm. This; celebration started in 1989 as a small community event and now transforms Big Basin Way from an urban thoroughfare to currently one of the largest outdoor evening street dance festivals in Silicon Valley. Over 300 volunteers work together to make it the tremendous success it is today. More than 30,000 people jam downtown Saratoga to shake a leg, swing and sway, and listen to exciting musical groups-from rock, to jazz and swing. °~~ Fun Zone Activity Sponsorship The Fun Zone is the family activity area and is located in .the Saratoga Village Center. Within the area will be a variety of games of skill, .face painting, balloon creations, cotton candy, bounce houses and other fun-filled activities. The exclusive sponsor for the area will have the opportunity to hang one banner (provided by the sponsor) at each of the two entrances to the area. In addition, the Chamber will print small posters. to hang at each activity recognizing the sponsor. As an exclusive sponsor your logo will be placed on all print publicity. Family Activity Center: Exclusive Sponsor Receives: • Hi Striker • Logo on all print publicity • Balloon Creations o Flyers • Basketball Toss o Program • 5 Pin Bowling o Posters • Spin Art o Newspapers • Lollipop Tree • Logo on Chamber Website • Cotton Candy • 2' by 10' Banner at each • Snow Cones entrance (2) -Banner provided • Face Painting by Sponsor • Bounce. Houses (2) • Small poster at each activity cost - ~2,50o i Page 2 of 3 I ES, 1 WANT TO BE THE EXCLUSIVE FUN ZONE SPONSOR FOR CELEBRATE SARATOGA! 2003 STREET DANCE! SIGN ME UP! Contact Person: Title: Com an Name: Address: City/State/Zi Phone: Fax: E-mail: The undersigned hereby agrees to sponsor at the level indicated above and will provide up to two (2) - 2' by 10' banners to be hung by the Chamber at the event. Si afore: Print Name: Title: Date: ^ I will pay by company check VISA/MC Cazd Number: Please charge my credit card Date: Cardholder Name: You may fax this application to (408) 867-5213 or mail it to Saratoga Chamber of Commerce 14485 Big Basin Way, Saratoga, CA 95070 Page 3 of 3 • RESOLUTION NO. 03-0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA AMENDING THE 2003-2004 BUDGET FOR AN APPROPRIATION OF $2,500 CELEBRATE SARATOGA FUN ZONE SPONSORSHII' WHEREAS, the Saratoga Chamber of Commerce annual "Celebrate Saratoga" started in 1989 and is one of the largest outdoor evening street dance festivals in the Silicon valley; and WHEREAS, the City Council desires to sponsor the "Fun Zone" at the 2003 Celebrate Saratoga event to beheld on September 15, 2003. NOW, THEREFORE, to adjust the City of Saratoga's Fiscal Year 2003-2004 budget for the appropriation of $2,500 for this event to the following entries: 001-1005-511-4051 City Council -Special Events Increase Decrease $2,500 001-1010-511-5002 Council Contingency $2500 The above and forging resolution was passed and adopted at a regular meeting of the • Saratoga City Council held on the 16u' day of July 2003 by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: Cathleen Boyer, City Clerk Nick Streit, Mayor C1 SARATOGA CITY COUNCIL v MEETING DATE: July 16, 2003 AGENDA ITEM: ..ORIGINATING DEPT• City Manager CITY MANAGER: ~~ ~Jw"~- PREPARED B DEPT HEAD: Cathleen Boygr. Ci -Clerk SUBJECT: Valley Transportation Authority'(VTA) Board Restructuring Proposal RECOMMENDED ACTION: Review the attached correspondence and adopt resolution. REPORT SUMMARY: On May13, 2003, Mayor Toe Estevas of the City of Milpitas, sent letters to Santa Clara County cities requesting that all of the 15 jurisdictions support public discussion and actions to restructure .the Valley Transportation Authority (VTA) Board Mayor Esteves argues that currently the VTA has been faced with critical decisions that will significantly impact the quality of life in every community throughout the County and the economic vitality of the Silicon Valley region. He advocates that every member jurisdiction should have a permanent voting seat on the VTA Board to provide local elected officials with the opportunity to participate in the critical decisions affecting our communities. Direct representation on the VTA Board would also provide broader and deeper support and ownership for Board actions on service levels, revenue sources, legislative initiatives and transportation construction projects. The proposal to restructure the Board would provide a voting seat for all jurisdictions and also would maintain the same proportional voting representation for the City of San Jose and Santa Clara County. Restructuring the Board in this manner would. ensure all Santa Clara County residents and businesses would be directly represented on the VTA Board. Currently the City of Saratoga is one of nine jurisdictions not represented on the VTA Board.. The Board would. increase in size from 12 to 21 members. The City of Milpitas goal is to generate enough support to start a special working group, composed of representatives of all member agencies; to begin a foimal active dialogue on the matter. FISCAL IMPACTS: l CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: N/A ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: Attachment A-Resolution Attachment B -Correspondence from City of Milpitas RESOLUTION NO. 03- . A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA, SUPPORTING THE PROPOSED RESTRUCTURING OF THE SANTA CLARA COUNTY VALLEY TRANSPORTATION AUTHORITY BOARD OF DIRECTORS WHEREAS, the Santa Clara County Valley Transportation Authority (VTA) was created in 1995 by the California State Legislature by adoption of the Santa Clara County Transit District Act; and WHEREAS, the VTA is authorized to develop, operate and maintain the County's bus and light rail system and to reduce congestion and improve air quality through a combination of highway and transit capital improvements, lessened demand on the transportation system and improved land. use planning; and WHEREAS, Article 1 of Chapter 4 of the Santa Clara County Transit District Act; created the VTA Boazd of Directors. a a 12 member body representing Santa Clara County, the city of San Jose and the remaining cities located in Santa Clara County; and WHEREAS, for purposes of Board representation, the non-San Jose cities are organized into the following groupings and Board membership: 3 members Los Altos, Los Altos Hills, Mountain View, Palo Alto, Santa Clara and Sunnyvale 1 member Campbell, Cupertino, Los Gatos, Monte Sereno and Saratoga 1 member Milpitas, Gilroy and Morgan Hill; and WHEREAS, at any one time more than half ofthe non-San Jose cities have a representative from another jurisdiction representing their concerns on the VTA Board; and • WHEREAS, the VTA is responding to critical financial issues and major transportation construction projects that affect the services, costs, and traffic congestion experienced by residents from all local jurisdictions throughout Santa Clara County; and WHEREAS, VTA Board actions affecting service levels, revenue sources, legislative initiatives, and transportation construction projects will have broader and deeper county support and ownership by the direct participation of all local jurisdictions in the decision-making processes; and WHEREAS, since its inception, the VTA organization has matured and developed a reputation for high quality transportation planning, services and project construction and direct VTA Board representation will allow. all jurisdictions to participate in VTA's many successes; and WHEREAS, direct VTA Board representation for all Santa Clara County jurisdictions will allow individual cities to more actively participate in VTA actions and proactively respond to the changes within that city; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SARATOGA, CALIFORNIA to submit a proposal that the VTA Board have 21 voting members with five seats for the city of San Jose and two seats for Santa Clara County and the remaining seats distributed equally to the non-Sanlose cities to provide direct V'I'A Board representation for all jurisdictions. Additionally; the proposal would maintain the existing proportional vote representation for the city of San Jose and Santa Clara County by according their individual votes a weight of "three"; and RESOLVED FURTHER, to encourage our fellow Santa Claza County jurisdictions to begin a public discussion on restructuring the VTA Boazd for the purpose of providing direct representation on the Boazd for all Santa Clara County jurisdictions. PASSED AND ADOPTED this 16~' day of July 2003, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: Cathleen Boyer, City Clerk Nick Streit, Mayor C_~ r~ LJ JUL-UJ-U7 17:Ur hrom:UkLUIGnI nA1Yn d WMYAIYT 4UOtlOJIVOV I-IJI Y•YI/VI JYY-YVL _ CITY OF~IVILLPITAS 4jj P..T~i' CAIdVGRAS tiOUlT:vnRD, iVtILP1TA5. CnlTrtnanl,. 9So3S-jq~79 ' www.ci.niilpin~s.ca,~ov June 26, 2003 Mayor Nlck Streit City of Saratoga 13777 Fruitvele Avenue Saratoga. CA 95070 Subject: VTA Board Restructuring Proposal Dear Mayor Streit: JUL 0 3 2003 CITY OF SARATOGA CC _~c? ~e~e. In early May of this year, I sent you a letter asking your consideration of a proposal to restructure the VTA Board of Directors. I hope you and your colleagues on the Council have had a chance to review and consider the proposal. Since we sent our initial letter we have had many words of support and encouragement regarding the proposal. The City of Morgan. Hill also issued a letter of support. If you will recall, the proposal provides a voting seat for all jurisdictions and maintains the same proportional voting representation for the City of San Jose and Santa Clara County. Restructuring the Board in this manner would ensure all Santa Clara County residents and businesses would be directly represented on the VTA board. As you are aware, your Jurisdiction is one of nine out of fifteen countywide, who currently do not have a voting seat on the VTA Board. A more representative organizational structure is imperative during times like now. The Board must make critical decisions significantly affecting the quality of life in our communities and the economic vitality of the Silioon Valley r®gion. We sincerely believe this is an opportunity to demonstrate to the publio that the VTA Board is committed to substantive organizational improvements. There's no better place to start than with the. VTA Board of Directors who provide the policy and program leadership for the organization. Restructuring the Board is a positive and perceptible strategy to eliminate inequities and share leadership responsibilities among all member agencies. We strongly urge you to endorse placing this proposal on the next Board agenda. Because of its importance to the VTA organization, we request that a special working group, composed of representatives of all member agencies, be created to begin formal active dialogue on the matter. Please let me know if you would like copies of any previous communications on our proposal. Feel free to contact me at 408-586-3050 or Cindy Maxwell at 406-586-3282 or cmaxwell~ci.miloitas.ca.gov if you have any questions or comments. Sincerely, J se teves ayor / / /_ ~C" Y4-c~ ~ C Patricia pixon Vice Mayor c: City Managers Technical Advisory Committee City representatives Milpitas City Council General Informal iuu: 4oR.jRG.;ooa JUL-07-2003 14 39 CITY OF MILPITRS 408 586 3056 P.02 CITY OF MILPIT'.A.S 45$ flASi CALA`~ERAS BOULE~/ARD, t~lll.PIfAS, CAtzrozctazn g5o35-5479 ' www.ci.milpitas.ca.gov June 24, 2003 Scott Herhold San Jose Mercury News 750 Bidder. Park Drive San Jose, CA 95190 Subject: June 15, 2003 column "Politics keeps transit agency from hard cuts" Dear Mr. Herhold: Here in the City of Milpitas, we were pleased to read your recent June 15 column, °Politics keeps transit agency from hard cuts:' You suggested that VTA cannot effectively manage their financial crisis because the VTA Board of Directors is "unwieldy" and too easily influenced by powerful constituencies like the unions, disabled, and paratransit riders. The Milpitas City Council appreciates that you highlighted the ineffectiveness of the VTA Board of Directors in providing long-term policy direction. It is strongly believed by some members of the Authority that this significant problem is because the ,,..~ organization is not fully representative. Of the 15 member municipalities, only six currently sit on the Board of Directors. Fundamentally, the VTA Board acts without the participation, contribution, understanding, and "buy-in" of a majority of its members. This creates problems similar to "taxation without representation" and, particularly in times of economic stress, intensifies the gap beiween the. board and the "using^ public. Six weeks ago, the Milpitas City Council asked all Santa Clara County cities and the County to begin a formal public discussion of a proposal to restructure the VTA Board of Directors, The proposal provides a voting seat for all ]urisdictions and maintains the same proportional voting representation for the City of San Jose and Santa Clara County. Restructuring the Board in this manner would ensure that residents of cities like Milpitas, Mountain View, and Palo Alto have a voting member on the VTA Board at all times. and not just every two years out of six as it is currently. The proposal would increase the size df the VTA Board from 12 to 21 members. A larger Board will fully represent all members, be stronger, more capable of representing all constituencies and less influenced by VTA staff. Inequities in the current governing system would be resolved. For your convenience, enclosed are previous communications with other agencies on this matter and a fact sheet outlining the details of our proposal. Please feel free to contact me at 408-586-3050 or Cindy Maxwell at 4J8-586-3282 or cmaxwell~ci.miloitas,ca.gov if you have any questions or comments. mcerely, . ~U Thomas J. tails '-. City Manager c: Gary Richards Milpihas Poaf Milp"das City Council L_J General Infoxmarion: q,o8:s86.3oov JUL-07-2003 14 39 May 23, 2003 CITY OF MILPITRS 408 586 3056 P.03 CZTX OF MrLPTTAS 455 bnsr Cna.nvenns $ovuevnxn, lvltLezxns, CniSEORNin 95035'5479 ' www.ci.tnilpitas.ca.gov Mr. lack Witthaus Transportation and Traffic Manager City of Sunnyvale P.O. Box 3707 Sunnyvale, CA 94088-3707 Subject: Valley Transportation Authority Board Restructuring Dear Jack, Thank you for your recent phone call regarding the city of Sunnyvale's concerns about the proposal to restructure the Valley Transportation Authority Board to provide direct representation for all Authority members. Tt is helpful to hear the perspective of other members so the proposal can be thoughtfully considered and its equity for all parties evaluated. You indicated that it appears Sunnyvale would lose voting strength under the proposed restructuring. As you are aware, there are five groupings of members from which Board seats are determined. The cities of San Jose and Santa Clara County both comprise their own group. Sunnyvale is a member of Group 2 along with the cities of Los Altos, Los Altos Hills, Mountain View, Palo Aito and Santa Clara.. Group 2 has three voting seats on the VTA Board, and Sunnyvale is fortunate to hold one of those seats for eight years out of every ten. The two remaining years Sunnyvale retains the non- voting Alternate position to the three voting. seats. The city of Santa Clara also has the same membership/voting seat arrangement in Group 2. With a voting Board position for eight years out of ten years and the Alternate position for the remaining two years, Sunnyvale and Santa Clara are in the enviable position of having essentially a permanent seat on the VTA Board. Other jurisdictions are not so fortunate. The cities of Mountain View and Palo Alto have a voting seat on the VTA Board only every two years out of six or, comparatively, 3.3 years out of ten. The cities of Campbell and Cupertino are represented even less - at two years out of ten. Currently, for the entire membership there are nine cities that do not have. a voting seat on the Board of Directors. General Information: go8.586.3000 JUL-07-2003 14 39 CITY OF M I LP I TRS 408 586 3056 P . 04 Mr. Jack Witthaus May 23, 2003 Page 2 The fundamental inequity of this arrangement is illustrated when you compare residential or workforce populations, the amount of transportation infrastructure, and/or the funding contributed over time by other members. For instance, the city of Milp'~tas has no voting privileges on the ~F"A-Boarci-the majority of the timeeven-t-h©ugkr-tfiere is a significant amount of ewsting, under construction; and planned transportation infrastructure for regional trafnc in Milpitas and the city has directly contributed and/or committed more than $80 million in local funds for transportation and roadway improvements which substantially support regional traffic needs. The VTA is faced with critical decisions that will significantly impact the quality of life in every community throughout the County and the economic vitality of the Silicon Valley region. Every member jurisdiction should have a permanent voting seat on the VT'A Board to provide local elected officials with the opportunity to participate in the critical decisions affecting our communities. Direct representation on the VTA Board would also provide broader and. deeper support and ownership for Board actions pn service levels, revenue sources, legislative initiatives and transportation construction projects. In addition, since its inception in 1995, the VTA organization has matured and developed a reputation for high quality transportation planning, services, and project construction. Direct vTA Board representation will allow all jurisdictions to participate in VTA's many successes. The current proposal to restructure the VTA Soard not only provides a permanent voting seat for all member jurisdictions, but also would maintain the same weighted vote for the .City of San Jose and Santa Clara County. For all other member jurisdictions the proposal would significantly reduce the inequities in the current VTA governing structure. If you would Ilke to discuss this matter further, please contact me at 408-566-3050 or Cindy Maxwell at 408-586-3282 or cmaxwell@ci.milpitas.ca.gov. Sincerely, Thomas J. Wil n City Manager c: Robert Lasala, Sunnyvale City Manager Santa Clara County City Coundis Santa Clara County City Managers Valley7ransportation Authority General-Manager Technical Advisory Committee City representatives s JUL-07-2003 14 39 CITY OF MILPITAS 406 586 3056 P.05 CITY OF MILPITAS ¢SS ~~ CAJ.AVQRAS BOUravARD, Mv.rtres, CALYKOrtNYA 95035-5479' ~•rn~Picas-cagov May 13, 2003 Mayor and City Council City of Campbell 70 N. First St. Campbell, CA 95008 Dear Mayor Furtado and Campbell City Council: The Santa Clara County Valley Transportation Authority (VTA) is currently faced with critical decisions that will significantly impact the quality of life in every community throughout the County and the economic vitality. of the Silicon Valley region. Each and every one of the residents and businesses located in your jurisdiction will experience the impacts of increased fees, reduced services and a slow down in completing transportation constructon projects. Due to the organizational structure of the VTA Board, these critical decisions are being made without the direct participation of all member jurisdictions. Currently, there are nine cities that do not have a voting seat on the Board of Directors. Though Milpitas appreciates the work of other jurisdictions who represent us on the Board, it does place an unequal burden of responsibility on those who may not be farzriliaz with our jurisdiction's concerns and issues. As indicated in the attached City Council Resolution, the City of Milpitas requests that a formal public discussion of the VTA Board structure be initiated by our fellow-Santa Clara County jurisdictions. Flrrther, we have developed a proposal to restructure the Board that not only provides a voting seat for all jurisdictions, but also would maintain the same proportional vote representation for the City of San Jose and Santa Claza Caunty, Included is a fact sheet that explains our proposal in greater depth. Restrtleturing the VTA >3oazd of Directors to provide direct representation foraal jurisdictions in Santa Clara County would ensure that everyone has the opportunity to participate in the critical decisions affecting our communities and would provide broader and deeper support and ownership for VTA Boazd actions on service Ievels, revenue sources, legislative initiatives and transportation construction projects. In addition, since its inception in 1.995, the VTA organization has matured and developed a reputation for high quality transportation planning, services and project construction and direct VTA Board representation will allow all jurisdictions to participate in VTA's many successes. We strongly urge your City Council to actively support public discussions and actions to restructure the VTA Board and provide all members pezmanent voting seats. ff you would Iike to discuss this matter further, please contact Vice Mayor Trish Dixon who serves as Milpitas' non-voting. Alternate to the VTA Board and anon-voting Stakeholder zepresentative to the VTA Board's Ad kIoc Financial Stability Committee. She can be reached at (408) 262-6937 or odixon®ci.nulpitas.ca.aoy. Si erely, se Esteve ayor VTA Gcncral Manages Cicy Manages General Informarion: ¢08.586.3000 TAC Ciry representative 7UL-07-2003 14 40 CITY OF MILPITRB 408 586 3056 P.06 ' RESOLUTION N0.7301 r. A RESOLUTION Op' TTIE CITY COUNCIJ. OF THE CITX OF MII.PTTAS • SURPORTING THE RItOPOSED RESTRUCTURING OF THE SANTA CLARA COUNTX VALLEX TRANSPORTATION AUTHORITY BOARD OF I)IItECTORS WHE~AS, the Santa Clara County Valley Trattsportation Authority'{V'T'A) was created in 1995 by the California State Legislature by adoption of the Santa Clara County Transit District ,Act; and WHEREAS, the VTA is authorized to develop, operate and maintain the County's bus Arid light Tail system and to reduce congestion and improve air quality through a combination of highway and transit capital itnprovements, lessened demand on the transportation system and improved land use planning; and. WHEREAS, Article 1 of Chapter d of the Santa Clara County Transit District Act; created the VTA Board of Dzzectors as a 12 member body representing Santa Clara County, the city of San Jose and the remaining cities located in Santa Clara County; and WHEREAS, for purposes of Board representation, the non-San Jose cities are organized into the following groupings and Board membership: 3 members Los Altos, Los Altos Bills, Mountain View, Palo Alto, Santa Clara and Sunnyvale 1 member Campbell, Cupertino, Los Gatos, Monte Sereno and Saratoga l member Milpitas, Gilroy and Morgan hill; and , WHEREAS, at any one time more than half of the non-San Jose cities have a representative from another jurisdiction representing their concerns on the VTA Board; and WHEREAS, the VTA is responding to critical financial issues and major transportatiosconstructionprojects . ~~zat affect the services, costs, and traffic congestion experienced by residents from all local jurisdictions throughout .Santa Clara County; and WHEREAS, VTA Boazd actions affecting service levels, revenue souzces, legislative initiatives; and transportation construction projects will have broader and deeper county support and ownership by the direct participation of all local jurisdictions in the decision-making processes; and WHEREAS, since its inception, the VTA organization has matured and developed a reputation for high quality transportation planning, services and project construction and direct VTA Board representation will allow all jurisdictions to participate in VTA's many successes; and WHEREAS, duect VTA Board zepxesentatlon for all Santa Clara County jurisdictions will allow individual cities to more actively participate in VTA actions and proactively respond to the changes within that city; and NOW, THEREFORE, BE IT RESOLVED BY THE CITX COUNCIL OF THE CITY OF MII.PITAS, CALIFORNIA to submit a proposal that the VTA Board have 21 voting tnembers with five seats for the city of San lose and two seats for Santa Clara County and the remaining seats distributed equally to the non-San Jose cities to provide direct VTA Board representation for all jurisdictions. Additionally, the proposal would maintain the existing proportional vote representation for the city of San Jose and Santa Clara County by according their individual votes a weight of "three"; and 60883 It 1 Resolution No. 7301 JUL-07-2003 14 40 CITY OF MILPITRS 408 586.3056 P.07 ` .RESOLVED FURTHER, to encourage our fellow Santa Clara County jurisdictions to begin a public discussion on restructuring the VTA Board for the purpose of providing direct representation on the Board for. all Santa Clara ~nty jurisdictions. PASSED AND ADOPTED this 6~ day o£May 2003, by the following vote: AYES: (5) Mayor Esteves and Councihnembers Dixon, Cromez, Eivengood, and Polanski NOES: (0) None ABS>/NT: (0) None ABSTAIN: (0) None ; ATTEST: a' v -"~" Gail Blalock, City Clerk APPROVED AS TO FORM: C~/~~ ~en T.11Qattas, City Attorney 60883_R 2 Resolution No. 7301 JUL-07-2003 14 40 CITY OF MILPITRS 408 586 3056 P.08 ' Santa Clara County Valley Transportation Authority (VTA) , r` Board of Directors Organizational Structure • FACT SHEET Proposal • Provide one seated VTA Board member per city (except San Jose). • VTA Board would have 21 voting members. There would be no Alternates. • Maintains same number of Board seats for city of San Jose and Santa Clara County (5 and 2 respectively). • Retains existing proportional vote representation for the city of San Jose and Santa Clara County with weighted voting. Each San Jase and Santa Clara County Director's vote would be given a weight of " 3". • Requires amendment to State law and VTA Board approval Supporting Concepts • This is a positive proposal. It provides direct representation for all jurisdictions. • Direct representation will increase regional cooperation, allow individual cities to more actively participate in VTA actions and more .proactively respond to /", the changes within that city. • The proposal allows for greater ownership and support countywide as VTA moves forward with major regional projects such as BART. • The amount of funds available for transportation, particularly with the passage of Measure B, has dramatically increased the importance and decision- . making role of this highly visible and public Board. • The proposal reflects VTA's growth and maturity as an organization. It will allow 'all jurisdictions to participate in VTA's many successes and the validation of those successes by the voters through the overwhelming victory of Measure A. • Larger governing boards effectively operate throughout the State through the use of subcommittees. • Subcommittee work can be more effective because they can focus on the issues. • Weighted voting will not dilute existing voting relationships and value, • A larger board will make it easier to maintain continuity and will invest more authority in the Board of Directors rather than VTA staff. Weighted voting detail on next page C~ 05/14/03 JUL-07-2003 14 40 CITY OF MILPITRS • 408 586 3056 P.09 of % of No. No. Total No_ Weighted Total Directors Votes Votes birectors Votes Votes M:1TransportationlVTAlFactsheet.VTABdo rg. doc 2 TOTRL P.09 TIS Radio am 1670 SARATOGA CITY COUNCIL MEETING DATE: July 16, 2003 AGENDA ITEM: y ORIGINATING DEPT.: Cit Manager's Office CITY MANAGER: /~ PREPARED BY: Danielle Surdin, Econ. Dev. Coord. DEPT. HEAD: SUBJECT: Travelers Information. System (TIS) Radio Station RECOMMENDED ACTION (S) 1. Accept report and direct staff accordingly. REPORT SUMMARY: Background As a result of the 1989 Loma Prieta earthquake, the City of Saratoga wanted. to increase emergency communication capability forour local residents. In August of 1990, the City of Saratoga filed a request with the FCC for a Travelers Information System (TIS) Radio license. A license was granted in June 1991, the City of Saratoga purchased all needed equipment to run the emergency radio from the City's Corporation Yard. TIS Radio's first year of operation focused primarily on emergency situations and was monitored by one city staff member assigned to emergency services. As the operation of the TIS Radio continued over the years information. provided on the system grew to include community service announcements and updated traffic information. Staffing Issues Since the TIS system's inception, staffls ability to maintain up-to-date. information on the system has been a challenge. For TIS to be most effective, the information must reflect real-time events, which requires considerable staff attention and time. Successful management also requires city staff to receive real-time information from others in the field-who often don't think to alert the City. With the City's limited resources, the expectation for successfully managing. areal-time TIS Radio station maybe unrealistic. To overcome this problem, the Santa Clara County Sheriff Office, and Saratoga Fire have recently been, granted recording access to the TIS Radio System. This helps to solve the problem of posting real-time emergency events since both Saratoga Fire and Santa Clara TISRadio am 1610 County Sheriffs .Office are emergency response agencies. However, lack of trained personnel, shift changes during events, and general lack of knowledge about how to utilize the system have hampered effective real-time communication. The self-imposed expectation of real-time non-emergency information broadcasting on the TIS. Radio system may be simply unrealistic given the amount of effort necessary to achieve it. The inability to meet stated expectations has resulted in occasional complaints from residents. The City advertises that the .station provides current. information but consistently fails to provide accurate and. timely information undermining the credibility of the TIS System. The following options outline a range of TIS Radio system policies that can be used by Council to establish the future use of TIS Radio system and its operational framework: Option 1-Operate in Times of Emergency Only • TIS System would become a resource controlled by the City's Public Information Officer when the City's EOC is activated • It would provide information to the community regarding street closures,. evacuations, shelter, and other emergency information • City staff would change the script for the TIS system to reflect its use for emergency information only or be fumed off until the occurrence of an emergency • Staff members assigned to the Public Information Office under the City's emergency services umbrella would be trained to use the system as well as selected members of the Sheriffls office and the Fire department for redundancy. Option 2 -Emergency Operations and Community Events • City staff would continue operations. of the TIS system for emergencies as in option 1 above, but would continue to broadcast community events such as Celebrate Saratoga! • The real-time broadcast of traffic, weather and other non-emergency real-time information would be discontinued • The use of the system for publicizing a limited number of community events such as Celebrate Saratoga! would continue Option 3 -Increase TIS System Priority • The City would continue to provide emergency information, publicity for community events and real-time traffic, weather and other information • Staff would reprioritize this service over other tasks to ensure the stated expectations for real-time information service to the community are met • Staffing levels-are fixed, allocating more staff resources would require reallocation of time from one priority to another. TIS Radio am 1670 FISCAL IMPACTS There are minimal costs associated with the current operation of the TIS Radio System. Every five years the City renews its license with the FCC at a cost of approximately $180.00. Maintenance costs have been fairly low to the City, as all technical difficulties were handled offsite through a customer service calls. CONSEQUENCES OF NOT ACTING N/a ALTERNATIVES Options 1-3 FOLLOW-UP ACTIONS N/A ADVERTISING, NOTICING, AND PUBLIC CONTACT: Nothing Additional. ATTACHMENTS: N/A