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HomeMy WebLinkAbout08-04-2003 City Council Agenda Packet CITY. OF SARATOGA CITY COUNCIL SITE VISIT AGENDA MONDAY, AUGUST 4, 2003 3:00 P.M. SITE VISITS WILL BE MADE TO THE FOLLOWING ITEMS ON THE AUGUST 6, 2003 CITY COUNCIL AGENDA ON AUGUST 4, 2003 ROLL CALL REPORT OF POSTING AGENDA AGENDA Argonaut School -Traffic Improvement Plan 13200 Shadow Mountain Drive • Saratoga, CA 95070 The City Council conducts site visits to locations to better understand issues that appear as new items on the City Council agenda. ARCHIVE COPY • AGENDA .REGULAR MEETING SARATOGA CITY COUNCIL • AUGUST 6, 2003 CLOSED SESSION- 5:15 P.M. -ADMINISTRATIVE CONFERENCE ROOM, 13777 FRUITVALE AVENUE ANNOUNCEMENT OF CLOSED SESSION ITEMS CALL MEETING TO ORDER - 5:15 P.M. ANNOUNCEMENT OF CLOSED SESSION ITEMS ADJOURNED TO CLOSED SESSION -5:15 P.M. Public Employee Performance Evaluation (Gov't Code 54957) Title: City Manager Conference with Legal Counsel -Consideration of Liability Claims (Gov't Code 54956.95): • Claimant: Frances Carpenter Agency claimed against: City of Saratoga Conference with Legal Counsel -Initiation of litigation (Gov't Code section 54956.9(c): (2 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) REGULAR MEETING - 7:00 P.M. -CIVIC THEATER/COUNCIL CHAMBERS AT 13777 FRUITVALE AVENUE MAYOR'S REPORT ON CLOSED SESSION PLEDGE OF ALLEGIANCE ROLL CALL REPORT OF CITY CLERK ON POSTING OF AGENDA (Pursuant to Gov't. Code 54954.2, the agenda for this meeting was properly posted on • July 31, 2003.) COMMUNICATIONS FROM COMMISSIONS & PUBLIC Oral Communications on Non-Aaendized Items Any member of the public will be allowed to address the City Council for up to three (3) minutes on matters not on this agenda. The 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. ANNOUNCEMENTS None CEREMONIAL ITEMS lA. Commendations for Sheriff Deputy Jensen, Sheriff Deputy Wyman, and George & Mary Lou Faraco Recommended action: Present commendations. 1B. Assemblymember Cohn -Saratoga Library Commendation Recommended. action: Receive commendation. SPECIAL PRESENTATIONS None • 2 CONSENT CALENDAR The Consent Calendar contains routine items of business. Items in this section will be acted in one motion, unless removed by the Mayor or a Council member. Any member of the public may speak to an item on the Consent Calendar at this time, or request the Mayor remove an item from the Consent Calendar for discussion. Public Speakers are limited to three (3) minutes. 2A. City Council Minutes- June 18, 2003 Recommended action: Approve minutes. 2B. City Council Minutes- July 2, 2003 Recommended action: Approve minutes. 2C. City Council Minutes- July 16, 2003 Recommended action: Approve minutes. 2D. Review of Check Register Recommended action: Approve check register. . 2E. Planning Action Minutes -July 23, 2003 Recommended action: Note and File. 2F. Second Reading and Adoption of Amendments to the City Code Regarding Various Sections of the R-1 (section 15-12), Design Review for Single Family Dwellings (section 15-45) and the Subdivision (Chapter 14) Recommended action: Adopt ordinance. 2G. Property Tax Levy to Service the Debt oh the Library Bonds Recommended action: Adopt resolution. 2H. Claim of Frances Carpenter; Claim No. GL-054842 Recommended action: Accept claim. 2I. Service Contract -Blue Hills School Crossing Guard Recommended action: . Authorize execution of contract. 3 • 2J. Agreement with County of Santa Clara to Receive County OES Grant Funds Recommended action: Authorize execution of contract. 2K. Notice of Completion - El Quito Pazk Irrigation Renovation Project Recommended action: Accept Notice of Completion. 2L. Notice of Completion - EI Quito Park Vertical Bypass Drainage Project Recommended action Accept Notice of Completion. 2M. Notice of Completion- Congress Springs Pazk Safety Net Exterision Project Recommended action: Accept Notice of Completion. 2N. Agreement with Santa Clara Valley Water District -Water Quality Sampling for Saratoga Creek and Other Creeks in the City of Saratoga Recommended action: Authorize execution of contract. • PUBLIC HEARINGS (Applicants/Appellants and their representatives have a total. of ten minutes maximum for opening statements, Members of the public may comment on any item for up to three minutes. Applicant/Appellants and their representatives have a total of five minutes maximum for closing statements. Items requested for continuance are subject to Council's approval at the Council meeting Hazardous Vegetation Assessment Report 2003 Recommended action: Conduct public hearing and adopt resolution. 4. Amending PERS Contract to Include Military Service Recommended action: Conduct public hearing and adopt ordinance. OLD BUSINESS Approval of Playground Design for Brookglen and Wildwood Parks Recommended action: Approve designs. 6. Celebrate Sazatoga -Principles of Cooperation Recommended action: Approve the agreement; authorize the Mayor to execute agreement on behalf of • the City. 4 P NEW BUSINESS Argonaut School Traffic Improvemerit Plan and MV Resolution • Recommended action: Accept plan and adopt resolution. 8. Development of Process to be Used for Public Discussion of City Owned Properties Recommended action: Accept report and direct staff accordingly. 9. Report, Discussion and Direction to Staff Regazding Urban Service Boundary Adjustments in the General Area of Hakone gardens , Recommended action: Accept report and direct staff accordingly. COMMISSION ASSIGNMENT REPORTS Ma, oar Streit Heritage Preservation Commission Norton Road Fire Access Ad-Hoc Committee Tree Ordinance Update Ad-Hoc Committee West Valley College Ad-Hoc Committee Vice Mavor Waltonsmith LAFCO Ad~Ioc Committee Parks and Recreation Commission VTA Restroom Ad-Hoc West Valley College Ad-Hoc Committee Councilmember Kina Mt. Winery Ad-Hoc Committee Public Safety Commission Tree Ordinance Update Ad-Hoc Committee Youth Commission Councilmember Kline Gateway Task Force LAFCO Ad-Hoc Committee Library Commission Mt. Winery Ad-Hoc Committee Planning Commission VTA Restroom Ad-Hoc Committee • n U Councilmember Bo og sian . Library Expansion Committee Norton Road Fire Access Ad-Hoc Committee CITY COUNCIL ITEMS OTHER CITY MANAGER'S REPORT ADJOURNMENT In compliance with the Americans with Disabilities Act (ADA); if you need special assistance to participate in this meeting, please contact the City Clerk at (408) 868-1269. Notifrcation 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting (28 CFR 35,102-35.104 ADA Title II). REVISED -CITY OF SARATOGA CITY COUNCIL MEETING CALENDAR 2003 8/20 Summer Recess 9/3 Regular Meeting 9/17 Regular Meeting 10/1 Regulaz Meeting 10/15 Regulaz Meeting 11/5 Regular Meeting 11/19 Regular Meeting 12/3 Regular Meeting 12/9 Special Meeting -Council Reorganization 12/17 Regular Meeting n LJ 6 J SARATOGA CITY COUNCIL MEETING DATE: August 6; 2003 .AGENDA ITEM: ORIGINATING DEPT: City Manager CITY MANAGER: ~ PREPARED B DEPT HEAD: Cathleen Boyer, Ci C_lerk SUBJECT: Commendation for Deputy James. Jensen, Deputy Todd Wyman, George & Mary Lou Faraco . RECOMMENDED ACTION: Present commendations. REPORT SUMMARY: Attached are commendations for Deputy James .Jensen, Deputy Todd Wyman, George & Mary Lou Fazaco. The commendations recognize their outstanding efforts in regards to the fire on July 3, 2003 at a house located on Saratoga Vista Avenue. 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. COMMENDATION OF THE CITY COUNIL OF THE CITY OF SARATOGA COMMENDING THE EXEMPLARY PERFORMANCE OF DEPUTY JAMES JENSEN WHEREAS, on the evening of July 3, 2003, a fire was reported on Saratoga Vista Avenue; and WHEREAS, Deputy .Jensen and Deputy Wyman were on duty at-the. time and responded to the report; and WHEREAS, upon prompt arrival at Saratoga Vista Avenue Deputy Jensen and Deputy Wyman approached the front door to the house,and in an effort to arouse anyone in the house banged on the-front door and broke a window; and WHEREAS, after Deputy Wyman kicked down the door both Deputies proceeded to enter the smoked filled house; assisted the family out safely, alerted the neighboring homes and set up traffic control; and WHEREAS, Deputy Jensen and Deputy Wyman completed these task without any regard for their own safety in a very dangerous situation to save the life of Citizens of Saratoga; and WHEREAS, the City Council of the City of Saratoga- hereby award this commendation to Deputy James Jensen for demonstrating the highest. standards of professional. Law Enforcement through their quick action, initiative,-and dedication to the City of Saratoga, on this particular evening and each and every day he puts forth to protect our community and sacrifices his own safety to help others. NOW, THEREFORE, BE IT RESOLVED, on this 6~' day of August 2003, I Nick Streit, Mayor of the City of Saratoga, do hereby commend DEPUTY JAMES JENSEN WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this 6~` day of August. Nick Streit, Mayor City of Saratoga T COMMENDATION OF THE CITY COUNIL OF THE CITY OF SARATOGA COMMENDING THE EXEMPLARY PERFORMANCE OF DEPUTY TODD WYMAN WHEREAS; on the evening of July 3, 2003, a-fire was reported on Saratoga Vista Avenue; and WHEREAS, Deputy Wyman and Deputy Jensen were on duty at the time and responded to the report; and WHEREAS, -upon prompt arrival at Saratoga Vista Avenue Deputy Wyman and Deputy Jensen approached the front door to the house and in an effort to arouse anyone in the house banged on the front door and broke a window; and WHEREAS, after Deputy Wyman kicked down the door both Deputies proceeded to enter the smoked filled house, assisted the family out safely, alerted the neighboring homes and set up traffic control; and WHEREAS, Deputy Wyman and Deputy Jensen completed these task without any regard for their own safety in a very dangerous situation to save the life of Citizens of Saratoga; and WHEREAS, the City Council of the City of Saratoga herby award this commendation to Deputy Todd Wyman for demonstrating the highest standards of professional Law Enforcement through their quick action, initiative, and dedication to the City of Saratoga, on this particular evening and each and every day he puts forth to protect our community and sacrifices his own safety to help others. NOW, THEREFORE, BE IT RESOLVED, on this 6a` day of August 2003, I Nick Streit, Mayor of the City of Saratoga, do hereby commend DEPUTY TODD WYMAN WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this 6a' day of August. Nick Streit, Mayor City of Saratoga COMMENDATION OF THE CITY COUNIL OF THE CITY OF SARATOGA COMMENDING THE EXEMPLARY PERFORMANCE OF GEORGE AND MARY LOU FARACO WHEREAS, on the evening of July 3, 2003, George and Mary Lou Faraco were returning to Saratoga after a visit to their daughter's house in Menlo Park; and WHEREAS, .while driving along Saratoga Vista Avenue, Mr. Faraco was alerted to a dangerous condition by driving though a cloud of dense black smoke; WHEREAS, Mr. Faraco immediately turned the car around and parked in front of the house where a fire was raging; and WHEREAS, Mr. Faraco proceeded to lean on the horn, flashed the car lights, yelled "Fire", and banged on the front door in an effort to arouse anyone in the house; and WHEREAS, after a neighbor was alerted by Mr. Faraco's actions, 9-1-1 was called and Deputy Jensen and Deputy Wyman of the Santa Clara County Sheriffs Department arrived at the scene and took control. Thereafter George and Mary Lou Faraco were able to leave the scene; and WHEREAS, the City Council of the City of Saratoga hereby award this commendation to George and Mary Lou Faraco for demonstrating the highest standards of compassion and quick actions on this particular evening. NOW, THEREFORE, BE IT RESOLVED, on this 6~' day of August 2003, I Nick Streit, Mayor of the City of Saratoga, do hereby commend GEORGE AND MARY LOU FARACO WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this 6~` day of August. Nick Streit, Mayor City of Saratoga ORIGINATING DEPT: City Manager CITY MANAGER: "--~ PREPARED BY: DEPT HEAD: Cathleen Boyer. City Clerk SUBJECT: Presentation of a Commendation from Assemblymember Rebecca Cohn SARATOGA CITY COUNCIL MEETING DATE: June 18 2003 AGENDA ITEM: RECOMMENDED ACTION: Receive commendation. REPORT SUMMARY: Assemblymember Rebecca Cohn will present a commendation to the City of Sazatoga in regazds to the newly renovated Saratoga Library. L _J 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: None SARATOGA CITY COUNCIL MEETING DATE: August 6, 2003 AGENDA ITEM: ~ ~ //7~®®~ ~~ ORIGINATING DEPT: City Manager CITY MANAGER: (!/~L~~ 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 18, 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 18 2003 MINUTES SARATOGA CITY COUNCIL JUNE 18, 2003 The City Council of the City ofSaratoga met in Closed Session, Administrative Conference Room. 13777 Fruitvale Avenue at 6:00 p.m. Agency designated representatives: Lorie Tinfow, Assistant City Manager & Jesse Baloca, Administrative Services Director Employee organization: SEA Conference With Leual Counsel -Initiation of litigation (Section 54956.9(c)) (I potential case) Conference with Legal Counsel -Threatened Litigation: Significant exposure to litigation pursuant to Government Code 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) MAYOR'S REPORT ON CLOSED SESSION - 7:00 u.m. Mayor Streit reported there was Council discussion but no action was taken. Mayor Streit called the Regular City Council meeting to order at 7:05 p.m. and lead the Pledge of Allegiance. ROLL CALL PRESENT: Councilmembers Stan Bogosian, Kathleen King, Norman Kline, Vice Mayor Ann Waltonsmith, Mayor Nick Streit ABSENT: None ALSO PRESENT: Daue Anderson, 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, Publid Works Director Cary Bloomquist, Administrative Analyst Morgan Kessler, Civil Engineer REPORT OF CITY CLERK ON POSTING OF AGENDA FOR NNE 18.2003 Cathleen Boyer, City Clerk, reported that pursuant to Government Code Section 54954.2, the agenda for the meeting of June 18, 2003 was properly posted on Tune 13, 2003. COMMUNICATIONS FROM COMMISSIONS & PUBLIC ORAL COMMUNICATIONS No one requested to speak at tonight's meeting: COMMUNICATIONS FROM COMMISSIONS & PUBLIC None WRITTEN COMMUNICATIONS None COUNCII, DIIiECTION TO STAFF None • None CEREMONIAL ITEMS IA. COMMENDATION FOR OUTGOING ARTS COMMISSIONER SYLVIA W OHLMUT STAFF RECOMMENDATION: Read commendation. Mayor StreiYread the proclamation and directed staff to forward it to Mrs. Wohlmut. 1B. COMMENDATION FOR OUTGOING YOUTH COMMISSIONER ANDY MILLER STAFF RECOMMENDATION: Read commendation. Mayor Streit read the proclamation and directed staffto forward it to Mr. Miller. 2 SPECIAL PRESENTATIONS 2. PRESENTATION -LEON BEAUCHMAN, DIRECTOR EXTERNAL AFFAIIiS/PACIFIC BELL SBC REQUEST FOR SUPPORT OF LEGISLATION ACTION ABI389 STAFF RECOMMENDATION: Heaz presentation and consider adoption of resolution. TITTLE OF RESOLTUION: 03-043 A RESOLUTION OF THE CITY COUNCIL ENDORSING POLICIES TO ENCOURAGE INVESTMENT IN LOCAL TELECOMMUNICATIONS SERVICES IN CALIFORNIA, INVESTMENT IN LOCAL COMMUNITIES AND INCREASED EMPLOYMENT OPPORTUNITIES Leon Beauchman, Director of External Affairs/PacificBeil; thanked the City Council for giving him the opportunity to come before the City Council. Mr. Beauchman explained the as a regulated company SBC already reports on jobs and investments every year to the Public Utility Commission (PUC). Many out- of-state competitors, however, do not currently report this information because they have not been required by any law or regulatory policy to do so. Mr. Beauchman stated AB1389 would change that, requiring them to report to the PUC and the state's legislature policy committees the number of California employed by the companies and the infrastructure and the investment that they aze • contributing to the State. The State Assembly passed AB1389 on June 4, 2003, with the support of our local Assembly Member Cohn. SBC has requested that local cities adopt a resolution in support of this legislation as it heads to he State Senate for consideration. Mr. Beauchman requested that if the resolution is adopted, the City should send a copy to the PUC. Councilmember King asked if any of Saratoga's neighboring cities adopted the resolution. Mr. Beauchman stated that the City of Campbell has it on their July 1, 2003 agenda. Councilmember Bogosian thanked SBC for all of their support in the City of Saratoga but doesn't support the resolution because it is not a Saratoga issue and would be getting into the competitive process. WALTONSMTIH/KLINE MOVED TO ADOPT RESOLUTION ENDORSING POLICES. TO ENCOURAE INVESTMENT IN LOCAL TELECOMMUNITCATIONS SERVICES IN CALIFORNIA. MOTION PASSED 4-1 WITH BOGOSIAN OPPOSING. • CONSENT CALENDAR • 3A. REVIEW OF CHECK REGISTER STAFF RECOMMENDATION: Approve check register. Vice Mayor Waltonsmith requested that item 3A be removed from the Consent Calendar. Vice Mayor Waltonsmith questioned the entry for "class refunds". City Manager Anderson responded that these refunds were due to class cancellations. WALTONSMITH/KING MOVED TO APPROVE CHECK REGISTER. MOTION PASSED 5-0. 3B. BUDGET MONITORING REPORT FOR THE THHtD QUARTER ENDING MARCH 2003 STAFF RECOMMENDATION: Accept report. r~ U Vice Mayor Waltonsmith requested that item 3B be removed from the Consent Calendar. In regards to the City revenues, Vice Mayor Waltonsmith questioned the $870,000, which was more than the previous projections. Director Baloca responded that when staff looked at the budget at mid-year they came up with new revised projections including VLF funds and one time engineering fees and development services fund reimbursements. WALTONSMITH/KI.,INE MOVED TO ACCEPT BUDGET MONITORING REPORT FOR THE THIItD OUARTER. MOTION PASSED 5-0. 3 C. PLANNING ACTION MINUTES -JUNE 11, 2003 STAFF RECOMMENDATION: Note and file. WALTONSMiT'H/KLINE MOVED TO NOTE AND FILE PLANNING ACTION MUNITES. MOTION PASSED 5-0. 3D. SARATOGA SPEED ZONE STUDY STAFF RECOMMENDATION: Adopt ordinance; adopt resolution accepting Traffic Engineers' Report. 4 TTITLE OF ORDINACE: 220 ORDINANCE AMENDING SECTION 9-30.060 OF THE SARATOGA CITY CODE CONCERNING THE MODIFICATION OF SPEED LIMITS ON CERTAIN CITY STREETS TITLE OF RESOLUTION: 03-038 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA ACCEPTING THE REPORT OF THE TRAFFIC ENGINEER ON SPECIAL FACTORS AFFECTING REASONABLE SPEEDS ON ALLENDALE AVENUE,. BEAUMONT AVENUE, AND COX AVENUE WALTONSMITH/KI,INE MOVED: TO ADOPT REOOLTUION ACCEPTING THE REPORT OF THE TRAFFIC ENGINEER ON SPECIAL FACTORS BEAUMONT AVENUE, AND COX AVENUE. MOTION PASSED 5-0. WALTONSMITH/KLINE MOVED TO ADOPT ORDIANCE AMENDING SECTION 9-30.060 OF THE SARATGOA CITY CODE. MOTION PASSED 5-0. 3E. RESOLUTION APPOINTING JESSICA CLAUS TO THE YOUTH COMMISSION STAFF RECOMMENDATION: Adopt resolution. TITLE OF RESOLUTION: 03-037 RESOLUTION OF THE CITY COUNCII. OF THE CITY. OF SARATOGA APPOINTING ONE MEMBER TO THE YOUTH COMMISSION Vice Mayor Waltonsmith requested that item 3E be removed from the Consent Calendar. Vice Mayor Waltonsmith stated that it was unfortunate that Jessica could not be present this evening, but wanted to congratulate her publicly. WALTOSNMTIH/KING MOVED TO ADOPT RESOLUTION APPOINTING JESSCCA CLAUS TO THE YOUTH COMMISSION. MOTION PASSEDS-0. 3F. NOTICE OF COMPLETION -NORTH CAMPUS FENCE PROJECT STAFF RECOMMENDATION: Accept North Campus Fence Project as complete and direct staff to record Notice of Completion. C~ WALTONSMITH/KLINE MOVE TO • 3G U STAFF RECOMMENDATION: Authorize City Manager. to execute Funding Agreement. WALTONSMITH/KLINE MOVED TO AUTHORIZE THE CITY MANAGER . TO EXECUTE FUNDING AGREEMENT FOR SARATOGA SUNNYVALE ROAD IMPROVEMENT PROJECT WITH THE SANTA CLARA VALLEY TRANSPORTATION AUTHORITY. MOTION PASSED 5-0. 3H. DOCUMENT. MOTION PASSED 5-0. GRANTING OF COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS FOR SEPTIC ABATEMENT STAFF RECOMMENDATION: Adopt resolution. TITLE OF RESOLUTION: 03-039 RESOLUTION OF THE CITY COUNCIL AUTHORIZING STAFF TO GRANT A MAXIMUM OF $18,000 OF CDBG FUNDS TO A SARATOGA HOMEOWNER FOR THE PURPOSE OF SEPTIC TANK ABATEMENT AND CONNECTION TO THE SANITARY SEWER SYSTEM WALTONSMITH/KLINEMQVED TO ADOPT RESOLUTION RESOLUTION AMENDING COUNCIL AGENCY ASSIGNMENT FOR CHAMBER OF COMMERCE STAFF RECOMMENDATION: Adopt resolution. TITLE OF RESOLUTION: 03-040 RESOLUTION OF THE CITY COUNCIL. AMENDING THE APPOINTMENTS OF COUNCIL REPRESENTATION TO COMMITTEES, COMMISISON, AGENICES AND AD HOC OMMITTEES WALTONSMTIH/KLINE MOVED TO ADOPT RESOLUTION AMENDING THE COUNCIL AGENCY ASSIGNMENTS. MOTION PASSEDS-0. 3I. FUNDING AGREEMENT FOR SARATOGA SUNNYVALE ROAD IMPROVEMENT PROJECT WITH THE SANTA CLARA VALLEY TRANSPORTATION AUTHORITY (VTA) 6 SEWER SYSTEM. MOTION PASSED 5-0. 3J. LETTER OF UNDERSTANDING BETWEEN THE CITY OF SARATOGA • AND THE SARATOGA EMPLOYEE'S ASSOCIATION (SEA) STAFF RECOMMENDATION: Adopt resolution and approve MOU. TITLE OF RESOLUTION: 85.9-136 RESOLUTION OF THE CITY COUNCIL OF SARATOGA AMENDING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY ANDTHE SARATOGA EMPLOYEES ASSOCIATION,. FURTHER AMENDING RESOLUTION NO. 85-9.132 AS AMENDED, ADJUSTING SALARIES AND BENEFITS FOR NON-MANAGEMENT EMPLOYEES Vice Mayor Waltonsmithrequested that item 3J be removed from the Consent Calendar. Vice Mayor Waltonsmith thanked the members of the Saratoga Employees Association and the members of the Saratoga Management Association for not taking pay increases this year. Vice Mayor Waltonsmith stated that staff has worked very hard with the Council to keep costs down. Vice Mayor Waltonsmith stated that she would be also turning her monthly stipend of .$250 back to the City. . WALTONSMITH/KINGMQVED TO ADOPT RESOLUTION AND APPROVE A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE SARATOGA EMPOYEES ASSOCIATION. MOTION PASSED 5-0. 3K. INTENT TO AMEND PERS CONTRACT TO INCLUDE MILITARY SERVICE CREDIT AS PUBLIC SERVICE OPTION STAFF RECOMMENDATION: Adopt resolution. TITLE OF RESOLUTION: 03-041 RESOLUTION OF .INTENTION TO APPROVE AN AMENDMENT TO CONTRACT BETWEEN THE BOARD. OF ADMINSTRATION CALIFORNIA PUBLIC EMPLOYEES' RETIItENEMTN SYSTEM AND THE CITY OCUNIL OF THE CIYT OF SARATOGA WALTONSMITH/KLINE MOVED TO ADOPT RESOLUTION AMENDING THE PERS CONTRACT. MOTION PASSED 5-0. PUBLIC HEARINGS • None OLD BUSINESS SARATOGA LIBRARY PROJECT UPDATE STAFF RECOMMENDATION: Increase total approved for the purchase and installation of track lighting and authorize change order to Public Works contract with Duran & Venables. 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. Councilmember Bogosian asked when the portable trailers would be removed from Sacred Heart's property. • Assistant City Manager Tinfow responded that she recently talked to William Scotsman said they would remove them by Friday. Assistant City Manger Tinfow noted that the Citizen Oversight Committee met in June and decided they did not need to meet on a monthly basis and would schedule a meeting in approximately in 11 months. The only stipulation is that if the budget looks like it will go over the $14.8 million she has bee instructed to convene them. Mayor Streit thanked Assistant City Manager Tinfow for her update. WALTONSMIHT/KINGMQVED TO AUTHORIZE CHANGE ORDER TO PUBLIC WORKS CONTRACT WITH DURAN & VENABLES TO COMPLETE THE PARKING LOT RESTORATION AT SACRED HEART CHURCH. MOTION PASSED 5-0. ANNEXATION OF THE PARCELS OF LAND ON REDBERRY DRIVE STAFF RECOMMENDATION: Adopt resolution. TITEL OF RESOLTUION; 03-042 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OFSARATOGA ESTABLISHING THE CITY'S INTENT TO NOTIFY CERTAIN REDBERRY DRIVE RESIDENTS AND OTHERS OF PROPOSED INITIATION OF ANNEXATION PROCEEDINGS John Livingstone, Associate Planner, presented staff report. Planner Livingstone stated that on June 6, 2003 the City Council directed staff to take the Fennell property, located on the other side of Redberry Drive, off the proposed annexation plan. Planner • Livingstone further explained the Initiation Hearing process, roadway policies, CEQA concerns, and fiscal impacts. Planner Livingstone stated that staff was recommending that Council adopt the proposed resolution initiating the 21-day notice period for action by the Council at the July 16, 2003 meeting. Wanda Kownacki; 19280 Bainter Avenue, thanked the Council and City staff. Mrs. Kownacki stated that the annexation process seemed to be moving along quite well. Mrs. Kownacki. stated that she is really concerned that the County seems to be moving forward very aggressively on the property they want to annex. Mrs. Kownacki urged the Council to move forward and get the annexation done quickly as possible. WALTONSMITH/BOGOSIAN MOVE TO ADOPT 6. FUTURE USE OF THE NORTH CAMPUS • STAFF RECOMMENDATION: Accept report and direct staff accordingly. Dave Anderson, City Manager, presented staff report. City Manager Anderson explained the chronological events surrounding the purchase of the North Campus. In regards to future uses of the North Campus, City Manager Anderson described. four basic uses: • Senior Center Programs at the North Campus • Keep Property as is • Complete Improvements to Fellowship Hall • Sell North Campus property Councilmember King asked where the money would come from to renovate the North Campus. City Manager Anderson stated that it was listed in the CIP, but Council voted not to fund it. OTHERS OF PROPOSED INITIATION OF ANNEXATION PROCEEDINGS. MOTION PASSEDS-0. In regards to the Senior Center, Councilmember King asked that if the $1 million dollars was needed to move the Adult Day Care Center and if the Center stayed wouldn't the cost to move the rest of the Senior Center be substantially less. City Manager Anderson responded that the original proposal was to move both the Senior Center and the Adult Day Care Center to the North Campus and relocate the Sheriff s Substation to the Community Center. Councilmember King stated that she understood that the major costs were going towards moving the Day Care Center. City Manager Anderson responded that the over $900 thousand dollars was estimated to bring the buildings up to code and provide for ADA improvements - approximately $200 thousand dollars was to bring the Education Building up to speck for the Day Care Center. If we chose to keep the building as is, Councilmember Bogosian asked what the estimated $80,000 per year covers. City Manager Anderson responded that this money funds the irrigation system, maintenance, and utilities. ..Vice Mayor Waltonsmith stated that one of the discussions and concerns with SASCC was that they didn't want to break up the two programs in two different locations with one Executive Director. Vice Mayor Waltonsmith asked if all the buildings at the North Campus were renovated the City could rent them and receive more revenue. City Manager Anderson stated that to date outside rentals total approximately $11,000, Councilmember Kline stated that he was not on the Council when this property was purchased so he needs clarification on a few issues. Councilmember Kline asked if the Saratoga Area Senior Coordinating Council (SASCC) was a private foundation and if the City was represented on the Board. City Manager Anderson responded that he believes SASCC is a private foundation and the City doesn't have a member on their Board, but a Councilmember is appointed a liaison to SASCC every year. The concept then, Councilmember Kline stated was to give a private foundation a $4.5 million dollaz piece of property and then the City would fix it up for another $1 million dollars. Councilmember Kline stated that the City would be giving a $6 million dollar grant to a private foundation. Councilmember Kline asked if that was why the City purchased the property. City Manager Anderson agreed and added that the Sheriff s Office was going to move to City Hall. 10 Councilmember Kline stated that the motive for purchasing the property was never mentioned in the public record nor ever discussed publicly by the previous City Council. Mayor Streit stated that the intent was discussed openly. Vice Mayor Waltonsmith stated that she felt Councilmember Kline was overstating the intention of the purchase of the North Campus, Vice Mayor Waltonsmith stated that the Senior Center does a great public service to the City. Vice Mayor Waltonsmith stated that she agrees that public meetings still have not taken place to discuss this property. Mayor Streit stated that the future use of all City owned property has been scheduled for discussed in public forum in September 2003. Erna Jackman, 14515 Oak Street, noted that she supported keeping the North Campus. Mrs. Jackman stated that land in Saratoga is extremely valuable and the City was smart to purchase it last year. Cheriel Jensen, 13737 Quito Road, noted that the City should keep this land. Ms. Jensen stated that a lot ofnon-profit and community groups have been using the North Campus as meeting place, because it is a inexpensive place to rent. Vic Monia; Granite Way, stated that he is a 30 year resident of the City of Saratoga. Mr. Monia stated that the City should look more closely at the way SASCC does business and look to the future of the needs of the City. Mr. Monia stated he supports keeping the North Campus. Vice Mayor Waltonsmith stated that purchasing this particulaz property was a rare opportunity for the City. Vice Mayor Waltonsmith stated that the neither public discussions nor strategic planning were ever done partly due to the election and Council decided to wait for these discussions to take place after the new Council was seated. Vice Mayor Waltonsmith suggested not selling the North Campus until the City has had a comprehensive strategic planning session for current and future use of the property. Councilmember Kline stated that he concurred with Vice Mayor Waltonsmtih that due process and public input needs to happen, which it never did last yeaz when the property was purchased. Councilmember Kline stated that the reason the City purchased the property should have been made public Councilmember Kline noted that he recently visited the site and stated that it is a nice piece of property. Councilmember Kline stated that the City does not know enough about the State budget crisis to make any decisions regarding this property. Councilmember Kline also noted that the City does not know enough about the City's financial situation to make any decisions about this property until after the State has adopted a budget Councilmember Kline suggested that this discussion continue in September. 11 Councilmember King stated that she ran on the platform that buying the North Campus was a good decision and will stand by that now. Councilmember King . stated once land is purchased it should never be sold. Councilmember Bogosian stated that he concurred with several of Councilmember Kline's comments. Councilmember Bogosian suggested that Counnil form a special task force or adhoc committee prior to any public forums. Councilmember Bogosian suggested that this task force be made up of members of the community, real estate professionals, social service professional, members of the various religious organizations, etc. Councilmember Bogosian stated that a task force would provide structure and an entry into the public process Mayor Streit stated that he agrees that a public forum needs to be scheduled in order to hear what. the residents want to do with not just the North Campus but with all of the City's property and undeveloped land. Vice Mayor Waltonsmith noted that she concurred to contiriue the discussion until September, but not slow down the process. Vie Mayor Waltonsmith also suggested that the City work more closely with SASCC. Mayor Streit suggested and consensus was given to direct staffto prepare a report and bring it back to Council in July regarding a list of options and processes in regards to City owned property. Mayor Streit declared a 10-minute break at 8:40 p.m. Mayor Streit reconvened the meeting at 8:50 p.m. NEW BUSINESS YEAR-ROUND DECORATIVE LIGHTING OPTIONS IN THE VILLAGE BUSINESS DISTRICT STAFF RECOMMENDATION: Accept report and direct staff accordingly. Danielle Surdin, Administrative Analyst, presented staff report. Analyst Surdin explained that a result of overwhelming popularity within the Village business community, the Village Decorative Lighting Guidelines are being brought back to Council for additional consideration. Local business owners have requested the your-round decorative lighting usage be extended from 3-evenings to 7-evenings a week. Analyst Surdin reminded the Council about the Executive Implementation Plan D-19-O1 issued by Governor Davis in March 200. To date the D-19-1 Plan has not been lifted or updated. Analyst Surdin stated that the energy crisis has eased in the summer 2001 and any decorative lighting program would be curtailed and discontinued in case of a stage 2 or 3 energy emergency. 12 Analyst Surdin presented three alternatives, including fiscal impacts, for Council consideration. She continued to explain the quarterly maintenance and supplies costs from the City's lighting vendor KC Enterprises. . Donna Collins, Big Basin Way, reminded the Council that she started and maintained the tree lights 10 years ago. Ms. Collins noted that year round lights would help draw customers back during the .day to shop in the Village. Ms. Collins noted that she fully supported yeaz round decorative lighting. Donnette Teeple, 14421 Big Basin Way, noted that she was present this evening representing her grandparents who own The Bank. Ms. Teeple stated that her grandparents fully support year round decorative lighting. Ms. Teeple added that the lights provide ambiance in the Village. Mrs. Benson, 3`d Street, noted that she supports year round lighting. Councilmember Bogosian noted that he did not support three days a week tree lighting program. Councilmember Bogosian stated that would support Alternative 3 for safetyreasons: • City cut back one motor cycle office • The City may be loosing the presence of the Sheriffs Department in the Village • Ongoing tripping hazardous Councilmember Bogosian suggested that staff look into installing lights on 3`d and 4`h • Street. WALTOSNMTIH/KLINE MOVED TO ACCEPT ALTERNATIVE 3 "7DAYS YEAR-ROUND LIGHTING GUIDELINES" AND DIRECT STAFF TO MOTION PASSED 5-0. OPTIONS FOR ANNEXATION OF LANDS WITHIN URBAN SERVICE BOUNDARY STAFF RECOMMENDATION: Accept report and direct staff accordingly. Tom Sullivan, Community Development Director, presented staff report. Director Sullivan explained that four lazge areas have been identified as being within the City's Urban Service Boundary: 1. Rolling Hills Road area above Parker Ranch 2. Mt. Eden area 3. On Orbit Drive/Apollo Heights Drive Area 4. Glen Una Drive/Redberry Drive/Hidden Hill Road area • Director Sullivan described each azea pointing out the economic and urban service impacts upon the City, its compatibility and geologic characteristics. 13 Director Sullivan stated that the positive impact of an aggressive annexationpolicy is that overall taxes increase. Conversely the negative impact of an aggressive . annexation policy is that the overall cost for providing city services increase. Director Sullivan stated that staff was looking for direction from Council to prioritize the areas staff should look at first. Vice Mayor Waltonsmith asked why the City does not try and annex contiguous neighborhoods that impact each other. Director Sullivan stated that is one possible way to start. Councilmember King stated that several propertiesin the Countyhave a Los Gatos address. Councilmember King asked if the City annexed them could we change their addresses to Saratoga. Director Sullivan stated that the City does not have a lot of influence over the Postal Service, but when the time came we could approach them. Councilmember King asked if there was anything that the City could do with the hillsides. Director Sullivan stated that the City's sphere of influence does not go up the. hillsides, but the work we do with the other cities and the county to protect the work . of the hillsides is more important then annexing the four proposed azeas. Director Sullivan stated that next week he'll be speaking at the West Valley City Mangers and Mayors meeting and has plans on suggesting that the County have the same Design Guidelines for the hillsides as the cities. Councilmember Bogosian stated that he agrees that the County should have the same guidelines for hillsides as the cities. Councilmember Bogosian stated that annexation is a costly process. Councilmember Bogosian stated that he supports an aggressive annexation process. Councilmember Kline stated that he feels that the City needs to begin the process to annex property as soon as possible. Councilmember Kline noted that the City should work together as a region, as Director Sullivan stated earlier, with a somewhat aggressive policy. Councilmember Kline stated that the County currently doesn't enforce their own guidelines they rely on the City to that. Councilmember Kline stated that he supports focusing on the Glen Una area. Wanda Kownacki, 19280 Bainter Avenue, stated that her property is in Sazatoga but she has a Los Gatos address. Ms. Kownacki stated she fully urges the City to work with the Postal Service to change that. Ms. Kownacki noted that even if the County accepts the City's Design Guidelines they would have a hard time enforcing them. The only answer is that the City annexes all property that is within its sphere of • influence. Consensus of the City Council to direct staff to start looking at the possibility of annexing the Glen Una azea. 14 9. APPROVAL OF AGENCY AGREEMENTS FOR AN INCREASE IN COUNTYWIDE AB939 IMPLEMENTATION FEE AND HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM STAFF RECOMMENDATION: Authorize City Manger to execute Agency Agreements. Cary Bloomquist, Administrative Analyst, presented staff report. Analyst Bloomquist explained the background related-to AB 939 and Household Hazardous Waste Collection Program and explained the proposed changes to each program. Analyst Bloomquist added that the Council first approved the agreements in the year 2000 and there have been two subsequent amendments. Analyst Bloomquist explained that the current amendment to the ,Agency Agreements expire June. 30, 2003. The City Council is being. asked to review the Agreements with the rates changes as indicated below and' authorize the City Manager to execute the Agreements for three-yeaz terms beginning July 1, 2003. Subsequent three-year extensions, upon written agreement of the County and cities, are part of these agreements, and have been executed in past agreements. Analyst Bloomquist discussed in detail the fiscal impacts on the residents stating that the fee increases from the previous agreement as follows:. $2.80 to $3.35 per ton disposed, which represents a $.55 cent per ton increase. The-$3.35 per ton fee is comprised of two components: 1. HHW Component: $1.85 per ton will fund the countywide Household Hazazdous Waste Collection program, which represents a $.35 cent per ton increase from the previous agreement. 2. Other AB939 Component: $1.50 per ton, which represents a $.20 cent per ton increase-from the previous agreement, will be used to fund other AB939 compliance activities. Analyst Bloomquist stated that residential collection rates fora 32-gallon can would increase by $.3 cents a month as a result of the changes to the AB939 agreement. Rate increases for other collection services will be minimal, and have been reviewed and approved by the West Valley Solid Waste Management Authority at its May 1, 2003 executive boazd meeting. WALTOSMTII3/BOGOSIAN MOVED TO AUTHORIZE CITY MANAGER TO IMPLEMENTATION FEE INCREASE. MOTION PASSED 5-0. WALTOSMTIH/BOGOSIAN MOVED TO AUTHORIZE CITY MANAGER TO SERVICES FEE INCREASE. PASSED 5-0. • • • IS 10. RESPONSE TO GOVERNOR'S PROPOSAL TO SUSPEND STATE • MANDATE STAFF RECOMMENDATION: Informational only. Cathleen Boyer, City Clerk, presented staff report. City Clerk Boyer stated that Governor Davis has proposed repealing a key portion of California's open meeting law, a money savings move that would scrap the state requirements that city councils, county boards of supervisors, school districts and other local bodies inform the public about upcoming meetings. City Clerk Boyer stated that in 2001-02 the state. reimbursed local agencies $9.3 million for costs associated with postings agendas. Governor Davis stated that any responsible public agency should perform such public notification without being ordered to do so. City Clerk Boyer stated that Amy Brown, League Legislative Representative, stated that no new information has been received in regards to the proposed cut of the open meeting law. The Governor's Office is going through each of the 33 proposed mandates to be cut one by one. ..Consensus of the City Council to write a letter to Governor Davis urging him not to repeal the Brown Act. AGENCY ASSIGNMENT REPORTS Mayor Streit reported the following information; Vice Mayor Waltonsmith reported the following information: SASCC -working on their Strategic planning process. Advertising and interviewing for a new Executive Director. Councilmember King reported the following information: Sister Cities -focusing on their upcoming Eastern European Tour. Councilmember Kline reported the following information; Councilmember Bogosian reported the following information: SVACA - discussed a field trip to the Humane Society. West Valley Sanitation -Passed the 2003-04 budget. Looking at administrative cost. CITY COUNCIL ITEMS Councilmember Bogosian stated that at the last City Council meeting the issue regazding land on Quito and Pollard was discussed and Council decided not to do anything with it. Councilmember Bogosian noted that he recently saw a sign on the property stating "Adopted by Saratoga Tree Service" 16 Mayor Streit stated that the sign has been there for a very long time, Saratoga Tree Service maintains the land at no charge to the City. . Councilmember Bogosian stated that Council recently received a letter from Jack Mallory indicating that he sent City Manager Anderson a letter and never received a response back. OTHER None CITY MANAGER'S REPORT None ADJOURNMENT There being no further business, Mayor Streit declared the meeting adjourned at 10:25 p.m. Respectfully submitted, Cathleen Boyer, CMC City Clerk C~ 17 SARATOGA CITY COUNCIL MEETING DATE: August 6, 2003 AGENDA ITEM: ORIGINATING DEPT: City Manager CITY MANAGER: O~r~--~- PREPARED BY: DEPT HEAD: Cathleen Bayer, City Clerk SUBJECT: City Council Minutes RECOMMENDED ACTION: Approve minutes. REPORT SUMMARY: Approve minutes as submitted for the following City Council Meeting: Regulaz meeting -July 2, 2003 FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: Retain minutes for legislative history. ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: Attachment A -Minutes July 2, 2003 MINUTES SARATOGA CITY COUNCIL JULY 2, 2003 The City Council of the City of Saratoga met in Closed Session, Administrative Conference Room: 13777 Fruitvale Avenue at 6:00 p.m, Conference with Legal Counsel- Threatened Litigation: Significant exposure to litigation pursuant to Government Code 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) MAYOR'S REPORT ON CLOSED SESSION - 7:00 p.m. Mayor Streit reported there was "Council discussion butno action was taken. Mayor Streit called the Regular City Council meeting to order at 7:05 p.m. and lead the Pledge of Allegiance. ROLL CALL PRESENT: ABSENT: Councilmembers Stan Bogosian, Kathleen King; -Mayor Nick Streit Councilmember Norman Kline, Vice Mayor Ann Waltonsmith ALSO PRESENT: Dave Anderson, 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 Cherbone, Public Works Director .Cary Bloomquist, Administrative Analyst Kin Saxton-Heinrichs, Recreation Supervisor REPORT OF CITY CLERK ON POSTING OF AGENDA FOR JULY 2, 2003 Cathleen Boyer, City Clerk, reported that pursuant to Government Code Section 54954.2, the agenda for the meeting of July 2, 2003 was properly posted on June 27, 2003. . COMMUNICATIONS FROM COMMISSIONS & PUBLIC ORAL COMMUNICATIONS The following people requested to speak at tonight's meeting: Dean Tsaggaris, 555 E. Washington Avenue, explained that Dr, Chazles Lee, from Menlo Park, was arrested 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 March for his intuitions to use the state-controlled television to expose the severe human rights violation suffered by the Falum Gong practitioners in China. Mr. Tsaggazis requested that the City Council write a letter of support to the Chinese Ambassador and our Senators. Feng Wang, 2978 Brozona Court,' San Jose, sated that she also was a "Friend of Charles Lee" and requested that the Council support writing a letter for his release. COMMUNICATIONS FROM COMMISSIONS & PUBLIC None WRITTEN COMMUNICATIONS None COUNCIL DII2ECTION TO STAFF Councilmember King suggested that a letter of support for Mr. Lee be agendized for discussion at the July 16, 2003 City Council meeting. Councilmember Bogosian noted that he supported Councilmember King's request. ANNOUNCEMENTS None ;CEREMONIAL ITEMS lA. COMMENDATION FOR SACRED HEART CHURCH STAFF RECOMMENDATION: Present commendation. Mayor Streit read the proclamation and presented it to Elizabeth Lilly and Monsignor Larkin from Sacred Heart Church. 2 1B. PROCLAMATION- DECLARING THE MONTH OF JULY AS "PARKS & RECREATION MONTH" STAFF RECOMMENDATION: Read proclamation. Mayor Streit acknowledged the proclamation. SPECIAL PRESENTATIONS 2A. PRESENTATION -JOHN MILLS, DISTRICT MANAGER, REPRESENTING ASSEMBLY MEMBER REBECCA COHN STAFF RECOMMENDATIONi Hear presentation and consider adoption of resolution. TITLE OF RESOLTUION: 03-045 A RESOLUTION OF THE CITY COUNCII. URGING THE CALIFORNIA STATE LEGISLATURE TO USE A BALANCED BUDGET APPROACH IN ADOPTING THE STATE BUDGET U John Mills, District Manager 24'" Assembly District (Cohn); explained the State budget situation and requested that the City Council to adopt the proposed resolution urging the State Legislature to use a balanced budget approach in adopting a State Budget. KINGBOGOSIAN MOVED TO ADOPT RESOLUTION URGING THE • CALIFORNIA STATE LEGISLATURE TO PASS A BALANCED BUDGET. MOTION PASSED 3-0 WITH KLINE AND WALTONSMITH ABSENT 2B PRESENTATION -SILICON VALLEY MANUFACTURING GROUP ON SANTA CLARA COUNTY HOUSING ACTION COALITION STAFF RECOMMENDATION: Informational only. Betty Feldhym, Franklin Avenue, noted that she was the City's representative on the Citizen Advisory Commission for Housing Development and was a member of the Housing Action Coalition. Ms. Feldhym explained the "Realities of Affordable Homes" pamphlet. Mayor Streit thanked Ms. Feldhym for her presentation. CONSENT CALENDAR 3A. .CITY COUNCIL MINUTES- MAY 21, 2003 STAFF RECOMMENDATION:. S Approve minutes. Councilmember King requested that due to the lack of a quorum to vote on the minutes, they should be continued to the next meeting. i Consensus of the Council to continued the minutes of May 21, 2003 to July 16, 2003. 3B. REVIEW OF CHECK REGISTER STAFF RECOMMENDATION: Approve check register. BOGOSIAN/KING MOVED TO APPROVE THE CHECK REGISTER. MOTION PASSED 3-0 WITH KLINE AND WALTONSMITH ABSENT. 3C. PLANNING ACTION MINUTES -JUNE 25, 2003 STAFF RECOMMENDATION: Note and file. BOGOSIAN/KING MOVED TO NOTE AND FILE PLANNING ACTION MINUTES. MOTION PASSED 3-0 WITH KLINE AND WALTONSMITH ABSENT. • 3D. MOTOR VEHICLE (MV) RESOLUTION RESTRICTING PARKING & STOPPING ALONG PORTIONS OF DE SANKA AVENUE AND GOLETA AVENUE STAFF RECOMMENDATION: Adopt resolution. TITLE OF RESOLTUION: MV-240 RESOLUTION RESTRICTING PARKING ON A PROTION OF DE SANKA AVENUE, GOELTA AVENUE AND GOELTA COURT BOGOSIAN/KING MOVED TO ADOPT MOTOR VEHICLE RESOLUTION. MOTION PASSED 3-0 WITH KLINE AND WALTONSMITH ABSENT. PUBLIC HEARINGS 4. RESOLUTION ORDERING THE ABATEMENT OF A PUBLIC NUISANCE BY REMOVAL OF HAZARDOUS BRUSH STAFF RECOMMENDATION: Conduct public hearing and adopt resolution.. TITLE OF RESOLTUION: 03-044 RESOLUTION OF THE CITY COUNCIL ORDERING ABATEMENT OF A PUBLIC NUISANCE BY REMOVAL OF HAZARDOUS BRUSH 4 Cathleen Boyer, City Clerk, presented staff report. City Clerk Boyer stated that the attached resolution represents. the second step in Saratoga's hazardous vegetation abatement program administered by the'County Fire Marshall. . City Clerk Boyer noted that the County has sent owners of the parcels requiring weed abatement notices informing them that the weeds must be abated, either by the owners or by the County. The notice also informed them that they may present objections at tonight's public hearing. City Clerk Boyer stated that a representative from the County Fire Marshall's Office was present this evening to answer any questions Councilmembers may have on this topic In regards to the last hearing in January, Councilmember King. asked if the County Fire Marshall's Office addresses the concerns the Council expressed that evening. City Clerk Boyer noted that several months ago the County responded to the Council's concerns and explained the County's remedies. City Clerk Boyer noted that a copy of that letter would be distributed to the Council. BOGOSIAN/KING MOVED TO ADOPT RESOLUTION ORDERING THE ABAEMENT OF BRUSH. MOTION PASSED 3-0 WITH KLINE AND WALTONSMITH ABSENT. OLD BUSINESS 5. SARATOGA LIBRARY PROJECT UPDATE STAFF RECOMMENDATION: Accept report and direct staff regarding regularity of future reports. Lorie Tinfow, Assistant City Manager, presented staff report. Assistant City Manager Tinfow reported that following: • Budget Status - $14,704,700 - (total costs both committed and change requests) • Construction Schedule -the punchlist for the library was sent to Thompson Pacific on June 27, 2003. The contractor has 30 days from that date in which to complete the items noted. After that date, the City can assign a value to each unperformed item and issue a deductive change order. The City could then decide to use alternate means to complete the work: Assistant City Manger Tinfow asked the Council if they still wanted her to present her bi-weekly reports on the library or on an as needed basis. Consensus of the City Council to suspend monthly reports to Council on the library. Mayor Streit thanked Assistant City Manager Tinfow for her report. 6. AZULE PARK KNOLLWOOD COURT PEDESTRIAN ACCESS FOLLOW-UP . STAFF RECOMMENDATION: Accept-report and provide direction to staff regarding closure of the existing pedestrian entrance to Azule Park via Knollwood Court. Cary Bloomquist, Administrative Analysis, presented staff report. Analyst Bloomquist explained that in Mazch 2002 the City Council received a staff report regazding the inclusion of a pedestrian pathway to Azule Park via Knollwood Court. The report. mentioned a survey, which was mailed out to 188 area residents. 48 surveys were returned, 26 supporting an entrance via Knollwood Court and 22 opposing an entrance. During their March -June 2002 meetings the Parks and Recreation Commission (PRC) voted in favor of the entrance. Analyst Bloomquist stated that Council directed staff to hold a public meeting with those residents who live on Knollwood Court to receive their feedback on the placement of an entrance to Azule Park via Knollwood Court. The meeting was held in April 2002, with residents expressing no support for the entrance. Council requested the issue be further discussed with the residents of Knollwood Court with the PRC and return to Council. Analyst Bloomquist stated that on July 17, 2002, Council was presented a second • staff report regarding the entrance. The opinions of the residents of Knollwood Court had not changed. The PRC and the surrounding residents still supported the entrance. After the public hearing, Analyst Bloomquist explained, Council directed-staff to do the following: Construct an entrance to Azule Pazk via Knollwood Court on the condition it will be closed for 2 month period after the parks grand. opening and then reopened fora 10 month period, at the end of which it would be closed and the issue brought back to Council for review. Analyst Bloomquist noted that the PRC has been discussing this issue at all of their meetings the past several months. At a Joint Meeting on April 26, 2003, Council instructed the Commission to poll public opinion and hold a public meeting regarding the entrance at their June 2003 meeting. The Commissions polled residents at the pazk and posted signs inviting them to a publio meeting. Subsequently staff received dozens of phone call and emails supporting the entrance be kept open. The PRC also send out a second survey and out of the 40 returned, 36 supported keeping the entrance open 4 supported closing it. Analyst Bloomquist note that the public has heavily utilized the entrance during the past 7 months and the City has not received any complaints regarding its usage. • AnalystBloomquist stated that unless new direction is received from Council, the entrance would close after the Grand Opening celebration on July 12, 2003. 6 Councilmember Bogosian asked if there has been any Sheriff reports or any other problems reported to the City. Analyst Bloomquist responded that no such reports have been filed. Mayor Streit asked what the residents on Knollwood Court said on their surveys. . Analyst Bloomquist stated that he could not find any returned survey from the Knollwood Courts residents. Vandana Sathe, 12141 Manilla Drive, requested that the Council keep the entrance to Azule Park via Knollwood Court open. Ms. Sathe noted that she has been a regular user of the entrance and has yet to experience any problems. Ken Johnson, 20048 Puente Court, stated that he supports keeping the entrance open. Anwaz Garzi, noted the he supports closing the entrance for good. Councilmember Bogosian and Councilmember King noted that they supported keeping the entrance open. Mayor Streit stated that initially he opposed an entrance to the Azule Park via Knollwood Court, but there have not been any problems and the neighbors seem to enjoy it. Mayor Streit noted that he would support keeping the entrance open.. Consensus of the City Council to keep the entrance to Azule Pazk via Knollwood . Court open. ARTWORK LOAN AND EXHIBIT AGREEMENT STAFF RECOMMENDATION: Accept report and direct staff accordingly. Kim Saxton-Heinrichs, presented staff report. Supervisor Heinrichs reported that the City does not have an Artwork Loan and Exhibit Agreement as descried in the Public ArtPolicy. Supervisor Heinrichs explained that City Attorney Taylor drafted a standazd exhibit agreement based on forms traditionally used by other cities. Supervisor Heinrichs stated that most agreements release the agency from all liability, unless the work is valuable. The Arts Commission believes that for this simple agreement it is not necessary for the City to offer insurance of artwork that is loaned for display. Supervisor Heinrichs stated that the Council has the option of amending the agreement to offer insurance of the artwork against theft, fire, vandalism, etc.. If Council chooses to insure loaned artwork and a claim were made, the City would make payments up to the deductible with the remainder covered by our insurer. Supervisor Heimichs explained that the City pays $0.75 per $1000 insured per. year with a $5,000 deductible for Property Damage. 7 . BOGOSIAN/KING MOVED TO ACCEPT ARTWORK LOAN AND .EXHIBIT AGREMEENT. MOTION PASSED WITH KLINE AND WALTONSMITH ABSENT. 8. APPOINTMENT OF DESIGNATION OF VOTING DELEGATE FOR LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE STAFF RECOMMENDATION: Appoint voting delegate for League's annual conference. Cathleen Boyer, City Clerk, presented staff report. City Clerk Boyer reported that the League of California Cities Annual Conference is scheduled for Sunday; September 7-Wednesday thru September 10, 2003 in Sacramento. City Clerk Boyer explained that the League bylaws provide that each city is entitled to one vote in matters effecting municipal or League policy.. The deadline to return the "Voting Delegate Form" to the League of California Cities is Friday August 8, 2003. City Clerk Boyer stated that the deadline to register to attend the conference is • Friday, August 8, 2003 and noted that if Councilmembers would like to attend they should contact Ann Sullivan, Secretary to the City Manger, if you are interested in attending. Consensus of the City Council to appoint Mayor Nick Streit as the City's voting delegate at the 2003 League of California Cities Annual Conference and Councilmember Bogosian as the alternate. COMMISSION ASSIGNMENT REPORTS Councilmember Bogosian reported the following information: Norton Road Fire Access AdHoc -participated in a hillside tour with Director John Cherbone and Chief Duncan of the Saratoga Fire protection District. Councilmember King reported the Following information: Tree Ordinance Update AdHoc -1~` meeting was held. Mayor Streit had no reportable information. CITY COUNCIL ITEMS In regards to a letter received from the Mayor of Milpitas concerning the reorganization • of the VTA, Councilmember Bogosian requested that this item be agendize for discussion. Mayor Streit stated it was already on the July 16, 2003 agenda. 8 OTHER . None CITY MANAGER'S REPORT None ADJOURNMENT There being no further business, Mayor Streit declared the meeting adjourned at 8:00 . p.m. Respectfully submitted, Cathleen Boyer, CMC City Clerk 9 SARATOGA CITY COUNCIL MEETING DATE: August 6, 2003 AGENDA ITEM: ORIGINATINGDEP ity Manager CITY MANAGER: ~~~ -~ PREPARED BY: DEPT HEAD: C t Elerk SUBJECT: City Council Minutes RECOMMENDED ACTION: Approve minutes. REPORT SUMMARY: Approve minutes as submitted for the following City Council Meeting:, Regular meeting -July 16,.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 Julyl6, 2003 MINiJTES SARATOGA CITY COUNCIL JULY 16, 2003 The City Council of the City of Sazatoga met in Closed Session, Administrative Conference Room. 13777 Fruitvale Avenue at 5:45 p.m: Conference with Legal Counsel -Threatened Litigation: Significant exposure do litigation pursuant to Government Code section 54956.9(b): (3 potential cases) Conference With Leal Counsel- Existing Litigation Name of case: Pazker Ranch Homeowners Association, et al. v. Tsung-Ching Wu, et al. (Santa Clara County Superior Court Case Number CV797015) Conference with L,~al Counsel -Initiation of litigation (Gov't Code section. 54956.9(c): (1 potential case). MAYOR'S REPORT ON CLOSED SESSION - 7:00 p.m. Mayor Streit reported there was Council discussion but no action was taken. Mayor Streit called the Regulaz City Council. meeting to order. at 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: Councilmembers Stan Bogosian ALSO PRESENT: Dave Anderson, City Manager Richard Taylor, City Attorney Cathleen Boyer, City Clerk Jesse Baloca, Administrative Services Director Tom Sullivan; Community Development Director John Cherbone, Public Works Director REPORT OF CITY CLERK ON POSTING OF AGENDA FOR JULY 16, 2003 Cathleen Boyer, City .Clerk, reported that pursuant to Government Code Section 54954.2, the agenda for the meeting of July 16, 2003 was properly posted on July 10, 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 ANNOUNCEMENTS None CEREMONIAL ITEMS . lA. COMMENDATION FOR GIRL SCOUT SILVER AWARDS STAFF RECOMMENDATION: Present commendation Mayor Streit read the commendations and presented them to the following Silver Award recipients: Katrin Cooper, Kristin Gochnauer, Jennifer Zecchin, Kerry Zweig. Sarah Collonge, Grace Humphries,. and Lisa Kolstad were unable to attend tonight's meeting. SPECLAL PRESENTATIONS None CONSENT CALENDAR 2A. CITY COUNCIL MINUTES- MAY 21, 2003 CONTINUED FROM JULY 2, 2003. STAFF RECOMMENDATION: .Approve minutes. WALTONSMITH/KLINE MOVED TO APPROVE CITY COUNCCL MINUTES. MOTION PASSED 4-1 WITH BOGOSIAN ABSENT. 2 2B. CITY COUNCIL MINUTES- JUNE 4, 2003 . STAFF RECOMMENDATION:. Approve minutes. Councilmember King requested that item 2B be removed from the Consent Calendar. Councilmember King requested that on page 11, 1~` paragraph, "8:30 p.m." should be "8:30 a.m.". Councilmember King requested that on page 11, 4th paragraph, "school site" should be "school parking lot". WALTONSMITH/KLINEMQVED TO APPROVE CITY COUNCIL MINUTES AS AMENDED. MOTION PASSED 4-1 WITH BOGOSIAN ABSENT. 2C. REVIEW OF CHECK REGISTER STAFF RECOMMENDATION: Approve check register. WALTONSMITH/KLINEMQVED TO APPROVE THE CHECK • REGISTER. MOTION PASSED 4-1 WITH BOGOSIAN ABSENT. 2D. PLANNING ACTION MINUTES -JULY 9, 2003 STAFF RECOMMENDATION: Note and file. WALTONSMITH/KLINE MOVED TO NOTE AND FILE PLANNING ACTION MINUTES. MOTION PASSED 4-1 WITH BOGOSIAN ABSENT. 2E. COMMISSION ATTENDANCE RECORDS STAFF RECOMMENDATION: Note and file. WALTONSMITH/KLINE MOVED TO NOTE AND FILE COMMISIION ATTENDANCE RECORDS. MOTION PASSED 4-1 WITH BOGOSIAN ABSENT. 2F. ACCEPTANCE OF SARATOGA FIRE PROTECTION DISTRICT-USE RESTRICTION AGREEMENT, RESTRICTION ON TRANSFER OF OWNERS$IP AND GRANT OF EASEMENT FOR PUBLIC PARKING STAFF RECOMMENDATION: Authorize Mayor to accept Sazatoga Fire Protection District Use Restriction Agreement, Restriction on Transfer of Ownership and Grant of Easement for Public Parking. WALTONSMITH/KLINE MOVED TO AUTHORIZE MAYOR TO ACCEPT WITH BOGOSIAN ABSENT MOTION PASSED 4-I 2G. AUTHORIZATION TO CITY MANAGER TO EXECUTE AMENDMENT TO CAL ID PROGRAM STAFF RECOMMENDATION: Authorize execution of agreement: WALTONSMITH/KLINE MOVED TO AUTHORIZE EXECUTION OF AGREEMENT. MOTION PASSED 4-1 WITH BOGOSIAN ABSENT 2H. RODEO CREEK MONITORING FOR STORM DRAIN POLLUTION COST SHARING AGREEMENT STAFF RECOMMENDATION: Authorize execution of agreement. WALTONSMITH/KLINE MOVED TO AUTHORIZE EXECUTION OF AGREMENT, MOTION PASSED 4-1 WITH BOGOSIAN ABSENT 2I. PROPOSED PREANNEXATION AGREEMENT FOR ASSESSOR'S PARCEL NUMBERS APN 510-24-002, APN 510-24-027, APN 510-24-003 STAFF RECOMMENDATION: Approve pre-annexation agreement. Richard Taylor, City Attorney, requested that item 3I be removed from the Consent Calendaz. City Attorney Taylor reminded Council that they have been investigating the possibility of the annexation of three parcels on Redberry Drive and at a prior meeting initiated the proceedings of annexation. City Attorney Taylor noted that tonight Council would hold a public heazing on the annexation. City Attorney Taylor stated that during that process the property owners involved in the annexation have been negotiating concerning pending development approvals in Santa Clara County. There had been some uncertainty during the annexation process as to the effect of the City annexation on those approvals. 4 City Attorney Taylor stated that as the result of those negotiations the property owners and the City were able to develop apre-annexations agreement which ~ stated the following: • All three property owners. agree to be annexed into the City of Sazatoga • • City would. except the. County land use approvals that have been issued on one of those parcels • City would administer the land use approvals approved by the County • Property owners agree that that the design is good for the community City Attorney Taylor stated that the pre-annexation agreement paves the way for the Council to proceed with what is known as a 100% consent annexation. City Attorney Taylor stated that the City would not have to hold a protest hearing and could approve the annexation this evening. Barton Heckman/Attorney, Mattioni Law Firm, 848 The Alameda, San Jose, noted that he was representing the Navi's. Mr. Heckman noted that this process, has been very difficult on the Navi's. Mr. Heckman thanked City Staff who helped work out the pre-annexation agreement. Councilmember Kline thanked Mr. Heckman for all his work he put into this. Joseph Karnes/Attorney, Reality Law, 125 S. Market Street, San Jose, noted that. he was present this evening on behalf of property owners Hepburn, Holton, Pfeiffer and Hwang. Mr. Karnes thanked City staff. WALTONSMITH/KLINE MOVED TO APPROVE PRE-ANNEXATION • AGREEMENT FOR THE THREE PROPERTIES ON REDBERRY DRIVE. MOTION PASSED 4-1 WITH BOGOSIAN ABSENT. PUBLIC HEARINGS 3. CONSIDERATION OF INITIATING PROCEEDINGS TO ANNEX TO THE CITY OF SARATOGA FROM SANTA CLARA COUNTY TERRITORY DESIGNATED ?iS 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) STAFF RECOMMENDATION: Conduct public heazing. TITLE OF RESOLTUION: 03- 046 RESOLUTION OF THE CITY COUNCIL APPROVING ANNEXA'T'ION OF THREE PARCELS OF LAND, APN: 510-24-002, 510-24-027, AND 510-24-003 Tom Sullivan, Community Development Director, presented staff report. • Director Sullivan explained that at the June 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. Director Sullivan stated that staffwas recommending that Council adopt the proposed resolution initiating annexation proceedings. Director Sullivan noted that the staff report also included the service plan for the parcels to be annexed and. presents the remaining factual information required to proceed with the. annexation. Director Sullivan discussed the annexation proceedings including the service plan, LAFCo material and CEQA compliance. Mayor Streit opened the pubic heazing. John Holton, 19280 Bainter Avenue, thanked the City Council for their support throughout this process and City Staff for all of their hazd work and facilitating the 100% annexation support: Cheryl Jensen, 13737 Quito Road; noted that she read the staff report in which the geotechnical report acknowledge that the land as potential unstable. Ms. Jensen advised the Council to proceed with caution. In response to Ms. Jensen's comments, Vice Mayor Waltonsmith noted that the County is allowing houses to be built on the hillsides now, if they were part of the City at least they would be built underCity Code. Mayor Streit closed the public hearing. WALTONSMITH/KLINE MOVED TO ADOPT RESOLTUION APPROVING ANNEXATION OF THREE PARCELS OF LAND, APN: 510-24-002, 510- 24-027, AND 510-24-003. MOTION PASSED 4-1 WITH BOGOSIAN ABSENT. 4. AMENDMENTS TO VARIOUS SECTIONS OF THE R-1 (SECTION 15-12), DESIGN REVIEW FOR SINGLE FAMII,Y DWELLINGS (SECTION 15- 45) AND THE SUBDIVISION (CHAPTER 14) AND ENVIIiONMENTAL DETERMINATION STAFF RECOMMENDATION: 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. TITLE OF RESOLTUION: 03-049 6 RESOLUTION OF THE CITY OF SARATOGA GRANTING NEGATIVE DECLARATION OF ENVIRNMENTAL IMPACT TO THE AMENDMENTS TO THE ZONING AND SUBDIVIOSN ORDINANCE OF THE SRATGOA CODE Tom Sullivan, Community Development Director, presented staff report. Director Sullivan stated that in an ongoing 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 Council a set o£ amendments to three sections of the Saratoga City Code. These sections are; 15-12 R-1:. Single Family Residential Districts, 15-45 Desigri Review: Single Family Dwellings, and Chapter 14: Subdivisions. Director Sullivan stated that these three sections were selected as they are the most widely and often used portions of the Saratoga City Code. These three sections are .also inter-related to one another. The proposed aznendments also provide much needed streamlining and clazification. Director Sullivan explained in detail all ofthe proposed changes and/or additions to the three sections of the City Code. Mayor Streit opened the Public Hearing. Cheriel Jensen, 13737 Quito Road, thanked all the effort that the Community Development Department and the Planning Commission put into this amendment. . Although she supports the majority of the proposed amendment she would like to make a few suggestions. Ms. Jensen questioned and made suggestions to the following. proposed amendments to City Code sections as follows: • 15-12.020 -2nd dwellings units should be "conditional use". • 15-12.060 -subdivisions in the hillsides. Ms. Jensen asked why this clause was being eliminating. • 15-12.100 -height of structures. Noted that the amended allows permission for additional height in the R-20,000 and R-1-40, 000 districts. Ms. Jensen stated that this amendment would not apply to her lot even thought she has an acre of land. Ms. Jensen suggested that perhaps adding to this section that a 20,000 squaze foot lot be allowed additional height. • 15-45.040 -setbacks. Suggested that the current setbacks stay as is. • 15-45-060 -asked why is the clause regazding the floor area was being eliminated. • 15-45.085 - offsite improvements for design review. Suggested sidewalks be included • 14-05.020 -why is "building site approval" being eliminated from the ordinance • Geological reports -suggested that these reports should be left in and required. Councilmember King asked Director Sullivan to respond to Ms. Jensen's comments. Director Sullivan stated that in regards to section 15-45.085 sidewalks aze already listed 15-450085 (a). In regards to geological reports, Director Sullivan stated that almost every design review the Department takes in is required to have this report and is reviewed by the City' geo tech contractor. In regazds to the 2"d dwelling units permit, Director Sullivan noted that this is a State requirement. In regazds to the height exception, if Council desires staff could amend this section to allow lots like Ms. Jensen to be ccosnidered. Consensus of the City Council to direct staff to amend section 15-12.100 to allow height of a structure to vary if a lot is 20,000 squaze feet or larger. WALTONSMITH/KLINE MOVED TO ADOPT THE RESOLUTION AS ITEM ON NEXT CONSENT CALENDAR FOR SECOND READING AND ADOPTION. MOTION PASSED 4-1 WITH BOGOSIAN ABSENT. OLD BUSINESS None • NEW BUSINESS 6. VILLAGE GREEN CUT THROUGH TRAFFIC MITIGATION STAFF RECOMMENDATION: Adopt resolution. TITLE OF RESOLUTION MV-241 RESOLUTION RESTRICTING TURNS AT T$E INTERSECTION OF HIGHWAY 9 AND OAK PLACE John Cherbone; Public Works Director; presented staff report. Director Cherbone explained that in 2002 the City Council formed a task force to study and address the issue of cut-through traffic in the Village Green Neighborhood. The task force included representatives from the Oak Street Neighborhood, Village. Green Neighborhood, Sazatoga Fire Department, Federated Church, City Council and City Staff. In August 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. Director Cherbone noted that 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. Director Cherbone noted that the VGNA survey results showed 67% of the neighborhood supported the installation of turn restrictions at • the intersection of Highway 9 and Oak Place. In addition, Director Cherbone noted that staffwas requesting that Council adopt a Motor Vehicle Resolution restricting right turns onto Oak Place, 7 a.m. to 9 a.m. and left turns onto Highway 9, 4 p.m. to 6 p.m. Director Cherbone noted that if Council approves the restrictions, the City Traffic Engineer would 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. Director Cherbone noted that if it is found that the restrictionsaze ineffective in reducing cut through traffic or they have caused undesirable traffic patterns, staff will report back to Council with recommendations. Staff recommends that the restriction stay in place for at least one year from their effective date to allow traffic patterns to normalize. :Jerry Bruce/Federated Church noted that he fully supported the proposed resolution. James Kazdach, 20271La Paloma, noted that he is one of the VGNA Co-presidents for this coming yeaz. Mr. Kardach stated that this proposal is particulazly addressing the a.m. and p.m. commuter traffic. Mr. Kazdach noted that he fully supported the proposed restrictions. Denise Michele, 20375 Pazk Place, noted that she is the Vice President of VGNA and was a member of the Task Force. Ms. Michele stated that this proposal has strong support from the neighborhood and suggested that the City provide adequate enforcement for these turnsestrictions to ensure success for these mitigation measures. Ms. Michele noted that she fully supported the proposed restrictions. WALTONSMITH/KLINE MOVED TO ADOPT RESOLUTION RESTRICTING TURNS AT THE INTERSECTION OF HIGHWAY 9 AND OAK PLACE. MOTION APSSED 4-1 WITH BOGOSIAN ABSENT. 7. LETTER OF SUPPORT TO RELEASE AMERICAN DETAINED IN CHINA STAFF RECOMMENDATION: Accept report and direct staff accordingly. Cathleen Boyer, City Clerk, presented staff report. City Clerk Boyer explained that at the July 2, 2003 City Council meeting Dean Tsaggaris and Feng Wang addressed the Council under oral communications. Mr. Tsaggaris and Ms. Wang explained that Dr. Charles Lee, from Menlo Park, was arrested 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. City Clerk Boyer explained that Mr. Tsaggazis and Ms. Wang requested that the City Council write a letter of support to the Chinese Ambassador and our Senators. Feng Wang, 2978 Briana Ct, San Jose, provided the Council with facts regarding the torture of Falun Gong practitioners in China and urged the Council to approve the letter of support. Clare lee, 4713 Cherrywood Drive, San Jose, urged Council to approve the letter of support. Vice Mayor Waltonsmith noted that she does not want to discuss the merits of Falun Gong, but people do have the right to practice what ever they want. Vice Mayor Waltonsmith stated that Dr. lee is an American and noted that she supports the letter. Councilmember Kline noted that normally he would not support these types of letters but in his case he will. make. an exception. Mayor Streit stated that he supports the letter and suggested that the last two lines be removed. WALOTNMITH/KI.INE MOVED TO DIRECT STAFF TO AUTHORIZE THE MAYOR TO SIGN LETTERS OF SUPPORT FOR THE RELEASE OF DR. LEE AS AMENDED. MOTION PASSED 4-1 WITH BOGOSIAN ABSENT. 8 COMMUNITY DEVELOPMENT EMPLOYMENT AGREEMENT FOR ALLISON KNAPP STAFF RECOMMENDATION: Approve agreement Tom Sullivan, Community Development Director, presented staff report. Director Sullivan stated that Allison Knapp worked for the City on a part time basis, between August 1, 2001 and the Fall 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 condominiums project; staffwas requesting to bring her back to manage the planning review process. Director Sullivan stated that Ms. Knapp would work directly for him. Her assignments would include assisting with the formal completeness review writing and issuing Request for Proposals for planning consultants to prepare the Environmental Impact Report, staffing community workshops meetings held by the developer and generally preparing Staff Reports and ensuring that all documents are completed in a timely and thorough manner. Director Sullivan stated that here are no fiscal impacts as the department operates on a deposit system that was put into place last year. The City would have full. 10 cost recovery including City Staff, consultants, overhead and the City Attorney Councilmember Kline asked if the applicant does not go forward with the project does the City still get recouped. Director Sullivan responded that the applicant pays a deposit and Ms. Knapp only gets paid for the hours she works. WALTONIvISITH/KLINE MOVED TO APPROVE AGREEMENT WITH ALLISON KNAPP FOR CONSULTING SERVICES. MOTION PASSED 4-1 WTH BOGOSIAN ABSENT. 9. CELEBRATE SARATOGA -CITY SPONSORSHIP OF "KH) ZONE" STAFF RECOMMENDATION: Accept report and direct staff accordingly; adopt resolution. TITLE OFRESOLTUION: 03- 048 A RESOLUTION OF THE CITY OF SARATOGA AMENDING THE 2003- 2004 BUDGET FOR AN APPROPRIATION OF $2,500 CELEBRATE SARATOGA FUN ZONE SPONSORSHIP Dave Anderson, City Manager, presented staff report. City Manager Anderson explained that the Saratoga Chamber of Commerce's annual "Celebrate Saratoga" would 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. City Manager Anderson explained that Mayor Streit suggested that the City become more involved as a sponsor. The Chamber. suggested sponsorship of the "Fun Zone"..The "Fun Zone" area 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. City Manager Anderson explained that 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. WALTONSMITH/KLINE MOVED TO ADOPT RESOLUTION AMENDING THE 2003-2004 BUDGET FOR AN APPROPRIATION OF $2,500 CELEBRATE SARATOGA FUN ZONE SPONSORSHIP. MOTION PASSED 4-1 WITH BOCrOSIAN ABSENT. 11 10. VALLEY TRANSPORTATION AUTHORITY (VTA) BOARD RESTRUCTURING PROPOSAL STAFF RECOMMENDATION: Review attached correspondences and adopt resolution. TITLE OF RESOLTUION: 03-047 RESOLUTION OF THE. CITY OF SARATOGA SUPPORTING THE PROPOSED RESTRUCTURING OF THE SANTA CLARA COUNTY VALLEY TRANSPORTATION AUTHORITY BOARD OF DII2ECTORS Cathleen Boyer, City Clerk, presented staff report. City Clerk Boyer explained that On May13, 2003, Mayor Joe 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 City Clerk Boyer explained that 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 Boazd actions on service levels, revenue sources, legislative initiatives and transportation construction projects. City Clerk Boyer reported that the proposal to restructure the Boazd 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 Boazd in this manner would ensure all Santa Clara County residents and businesses would be directly represented on the VTA Board. City Clerk Boyer explained that 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. City Clerk foyer explained that 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 formal active dialogue on the matter.. WALTONSMITH/KLINE MOVED TO ADOPT RESOLUTION TO SUPPORT PUBLIC DISCUSSION AND ACTIONS TO RESTRUCTURE THE VALLEY TRANSPORTATION AUTHORITY (VTA) BOARD. MOTION PASSED 4-1 WITH BOGOSIAN ABSENT. 12 1 L TRAVELERS INFORMATION SYSTEM (TIS) RADIO . STAFF RECOMMENDATION: Accept report and direct staff accordingly. Danielle Surdin, Administrative Analyst, presented staff report. Analyst Surdin explained that as a result of the 1989 Loma Prieta Earthquake, the City of Saratoga wanted to increase emergency communication capability for our local residents. In August of 1990, the City of Sazatoga filed request with the FCC for a Travelers Information System (TIS) Radio license. A license was granted in June 1991 and the City purchased all the needed equipment to run the emergency radio from the City's corporation yazd. Analyst Surdin explained that since the TIS system's inception, staff s 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 may be unrealistic. Analyst Surdin noted to that to overcome this problem, the Sheriff's Office and the . Saratoga Fire District have recently been granted recording access to the TIS Radio System. This helped solve the problem of posting real-time emergency events since both Saratoga Fire and Sheriff s Office are emergency response agencies. However, lack of trained personal, 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 maybe simply unrealistic given the amount of effort. necessary to achieve it. Analyst Surdin noted that the inability to meet expectations has resulted in occasional complaints from residents. Analyst Surdin noted that the City advertises that the station provides current information but consistently fails to provide accurate and timely information undermining the creditability of the TIS System. Analyst Surdin outlined a range of options in regards to the TIS Radio System polices that can be used to establish the future use of TIS Radio System and its operational framework: Option 1 -Operate in times of emergency only Options 2 -Emergency Operations and community events Options 3 -Increase TIS System Policy In regards to the future use of the TIS Radio System the consensus of the City Council was to support Option 2 -Emergency operations and community events. 13 COMMISSION ASSIGNMENT REPORTS • Mayor Streit reported the following information: Santa Clara County Valley Water Commission -discussed rates. Vice Mayor Waltonsmith reported the following information: County Cities Association Legislative Task Force - keeping a close watch on legislation. Councilmember King reported the following information: KSAR Community Access TV Boazd -passed their budget and discussed West Valley College's cuts, which affected the KSAR budget. Sister City Liaison -September 13, 2003 "Pig Roast" fundraiser. Councilmember Kline reported the following information Librazy Joint Powers Association -getting ready for the new bond. Received and discussed polling results. Satatoga Business Development Council -staff presented a report explaining to the group their status and told them that they need to make a decision of what they are officially. They need to decide whether to be a City Commission or just business group. CITY COUNCIL ITEMS Vice Mayor Waltonsmith requested the following: • That she be included in the preparation of the staff report for the September 17, 2003 City Council meeting in regards to the UPRR Trail • Updated report on the testing of the Saratoga Creek • .Status on the Trail Rules that were approve by the Parks and Recreation Commission and sent to the City Attorney for review In regards to the PRC Trail Rules, City Attorney Taylor responded that this would be included in the review of the Trails Master Plan as part of the Open Space Element that is beirig updated by City Planner Ann: Vice Mayor Waltonsmith pointed out that on July 9, 2003 she visited the Saratoga Library and had to park in St. Andrew's parking lot because the Library's lot was full. Vice Mayor Waltonsmith noted that she recently visited a small piece of property neaz Hakone Gardens that is owned. by County Quarry, and suggested that it would make a great park for the Village. Vice Mayor Waltonsmith suggested that City Staff look into this. Councilmember King asked when the trail at Gardiner Park would reopen. Mayor Streit stated that he would call Greg Zlotnick at San Jose Water District. 14 Councilmember King asked when the discussion would take place in regards to a Christmas tree in Blaney Plaza. ~. Mayor Streit stated that the renovations on the Memorial Arch have to be completed first and staff is already inquiring about trees. Councilmember Kline noted that he also supports a Christmas tree in the Blaney Plaza or possibly lighting the Stone Pine trees. Mayor Streit reminded the Council that there is an approved Blaney Plaza Master Plan but was not funded during the CIP process. OTHER None CITY MANAGER'S REPORT None ADJOURNMENT There being no further business, Mayor Streit declared the meeting adjourned at 9:05 p.m. Respectfully submitted, Cathleen Boyer, CMC City Clerk U 15 SARATOGA CITY COUNCIL MEETING. DATE: August 6, 2003. AGENDA ITEM: ~ ' '~ ORIGINATING DEPT: Administrative Services CITY MANAGER: ~c%~=`~- PREPARED BY: Jaye Tkach/~~ DEPT HEA SUBJECT: Check Register: 7/10/03 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. r . Name Date 7/10/2003 Checks Checks AP CHECKS A93343-93497 1 GENERAL 100 COPS-SLESF 110 Traffic Safety 150 Streets & Roads 160 Transit Dev 170 Hillside Repair 180 LLA Districts 250 Dev Services 260 Environmental 270 Housing & Comm 290 Recreation 291 Teen Services 292 Facility Ops- 293 Theatre Surcharge 300 State Park 310 Park Develpmt 320 Library Expansion 351 Public Safety 352 Infrastructure 353 Facility 354 Park and Trail 400 Library Debt 410 Civic Cntr COP 420 Leonard Creek 700 Quarry Creek 710 Heritage Prsvn 720 Cable TV 730 PD #2 740 PD #3 800 Deposit Agency 810. Deferred Comp 830 Payroll Agency 990 SPFA 185,383.92 8,317.34 29,197.47 7,895.61 29,216.10 42,715.04 16,823.36 2,163.06 878.24 19,060.9T 67,880.64 6,709.08 3,118.82 636.128.13 33,735.00 1,213.93 1 PAYROLL CHECKS: 629158-29201 TOTAL 8,948.25 ^ w w m w a a a 5 w o O O W m P 0 O O O O ~p N O o n o 0o m m 0 o 00 0 o w m ry -r o O O - F ~ i r r m m o ~n rv m r m o p p o w n o i i ^ i . i . i u i N 'I p 'I N m rl w M N N M M O M 1~1 O p N p p m Q~ p p N'1 M a % - .+ r m F .? x o as >n a . £ uo ~ FK a.i wU~ w\ w. ar w o ^ W a~ om FO ^ w Za W a x W 5O oz U U a Z m 'J a ~ ~ F ^ xa~ UO~ q w 2 u 4 w x z a w w m N O - a e 2~ F 0 r a O ~ ~ w wao £ ~3mz~ a ~ZU a ^ ~o° a o > omu ~nFim r £a~~> o rvN ~ ^ w £ K4O ~ Zi+ r 555 0N ~.^>Z ~ a N mOF~Z a h U r j w i o m p x a m q a w f a m a O a w a a a a o 'a a a a s a a w a w a w a a a a .+ a p a a a a S F F £ F 5 w F F F F r F F m m F F F F O .] O „ O m a O O O o o O Q O w W O Z O 5 F a F E 2 a F E F F N F N F U O F m F o a £ m a' a iu m - ^ u x a z a ^ a w a ^ m o- w W m m W z a 5 a >> 5 a o m o a o a aw o o as o o- o a o a o as o'er o a o q a ^ a u q ^ ^ ^ m q a ^ a ^ m m ^ W ^ m Z m Z Z a Z Z Z C 5 Z w Z F 2 F Z m m Z .] Z o ~. 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N N ^N O K N m ^ W Vl NNNN • W$ w~ O U O m m Nm m M I ~ N 11f N In O m a' a 0~ z F ~ ~ p M P M P N O m O O O n m as af'lN 1 ^'.a •F ~ N OVI .1r N~ Omm~N T N 00 ODD O/1 NM WO„I.Z .Ti O O Om Omt•1 O 0o O'i 00 00 O a s i w H O O V) O O O p O p O P O P O\ aau l> ~ o om ow o.+ onnmm or or off o.i o.. or u 1 SARATOGA CITY COUNCIL MEETING DATE: August 6, 2003 AGENDA ITEM: DEPT: Community Development CITY MANAGER: ~~~~- PREPARED BY: Kristin Borel DEPT HEAD: SUBJECT: Planning Commission Actions, July 23, 2003 RECOMMENDED ACTION(S): Note and file. REPORT SUMMARY: Attached are the Planning Commission Action Minutes of July 23, 2003 FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): N/A ALTERNATIVE ACTION(S):. N/A FOLLOW UP ACTION(S): N/A ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: Action Minutes -Saratoga Planning Commission 1 CITY OF SARATOGA PLANNING COMMISSION ACTION MINUTES DATE: Wednesday, July 23, 2003 - 7:00 p.m. PLACE: Council Chambers/Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA TYPE; Regular Meeting ROLL CALL: .Commissioners Cynthia Barry, Mohammad Garakani, Susie Nagpal, Michael Schallop, Mike Uhl, Ruchi Zutshi and Chair Jill Hunter Absent: Commissioner Garakani Staff: Planners Livingstone ~ Oosterhous, Director SulliSan and Minutes Clerk Shinn PLEDGE OF ALLEGIANCE MINUTES .Draft Minutes from Regular Planning Commission Meeting of July 9, 2003. (APPROVED 6-0) ORAL COMMUNICATIONS -Any member of the Public will be allowed to address the Planning Commission for up to three minutes on matters not on this agenda The law generally prohibits the Planning Commission from discussing or taking action on such items. However, the PlanningCommission may instruct staff accordingly regardingOral Communications underI'lanning Commission direcrion toS[aff. REPORT OF POSTING AGENDA Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on July 17, 2003. REPORT OF APPEAL RIGHTS If you wish to appeal any decision on this Agenda, you may file an "Appeal Application" with the City Clerk within fifteen (15) calendar days of the date ofthe decision, pursuant to Municipal Code 15-90.050 (b). CONSENT CALENDAR - None PUBLIC HEARINGS All interested persons may appeaz and be heazd at the above time and place. If you challenge a decision of the Planning Commission pursuant to a publicheazing in court,. you may be limited to raising only those issues you or someone else raised at the public hearing(s) described in this agenda, or in written correspondence delivered to the Saratoga Planning Commission at, or prior to, the public heazing. In order to be included in the Planning Commission's information packets, written communication should be filed on or before the Monday, a week before the meeting. (• .J 1. APPLICATION #03-019 (503-82-027. and 028) - SHARMA, 13095 Paramount Court; - Requesr 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 ~fz feet. Continued from meeting on July 9, 2003 (JOHN LIVINGSTONE) (APPROVED 6-0) 2. APPLICATION #03-140 (403-27-030) -Appellant CORSON, Site .Location - 18325 Swathmore Drive; -Appeal of an Administrative Decision to issue a Tree Removal Permit at 18325 to remove a large Redwood tree. The tree in question is a 161-inch, mature Redwood and is located next to the driveway. Continued from meeting on July 9, 2003 (THOMAS SULLIVAN) (APPEAL APPROVED 5-1, SCHALLOP OPPOSED) 3. APPLICATION #03-131 (397-07-039) - SHARMA, 15211 Sobey Road; -Request for Design Review Approval to construct atwo-story residence and attached three-car garage. Moie'than 50% of the existing two-story residence will be demolished; therefore, the project is considered a new two-story residence. The proposed residence including garage will be 5,842 square feet. A stucco exterior siding and a concrete the roof material are proposed.. The gross lot size is 60,661 square feet. The property is zoned R 140,000. (CHRISTINE OOS"IERHOUS) (APPROVED 6-0) 4. APPLICATION #02-129 (503-28-011) - ABACHIZADEH, 20981 Canyon View Drive; -The applicant Requests Design Review Approval to add 1,422 square feet to the existing house. The addition includes 400 square feet for the conversion of a carport to a garage. The gross lot size is 9,200 square feet and zoned R-1.10,000. QoHN LIVINGSTONE) (APPROVED 6-0) DIRECTORS ITEM - Remind Commissioners that the Meeting on August 13, 2003 is cancelled COMMISSION ITEMS - None COMMUNICATIONS WRITTEN - City Council Minutes from Regular Meetings on May 21, 2003 and June 4, 2003 ADJOURNMENT AT 10:27 PM TO SPECIAL JOINT MEETING WITH HERITAGE PRESERVATION COMMISSION - Tuesday August 5, 2003, at 9:00 a.m. at the Saratoga Historical Museum 20450 Saratoga-Los Gatos Road, Saratoga, CA IE you would like to receive the Agenda's via a-mail, please send your a-mail address to plannin sarato a° SARATOGA CITY COUNCIL MEETING DATE: August 6, 2003 AGENDA ITEM: ~ 1 ORIGINATING DEPT: Community Development CITY MANAGER: ~~~ PREPARED BY: Thomas Sullivan, AICP DEPT HEAD: SUBJECT: Second Reading and Adoption of 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) RECOMMENDED ACTION: Grant Second Reading and adopt the Ordinance. REPORT SUMMARY: • California Environmental Quality Act The City Council granted a Negative Declaration at its July 16, 2003 meeting. Project Description The City Council conducted a Public Hearing, Introduced and gave First Reading to a set of .amendments to three sections of the Saratoga City Code at its. July 16, 2003 meeting. These sections are; 15-12 R-1: Single Family Residential Districts; 15-45 Design Review: Single Family Dwellings, and Chapter I4: Subdivisions. At that meeting, the City Council made a slight change to one section. The change relates to a process of allowing greater height through a Use Permit process in order to achieve architectural purity. This section now reads, "Exceptions to these limitations may be approved pursuant to a tlse 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 ma~only be granted on residenriail zoned parcels exceeding20 OOO~are feet. The Staff and Planning Commission will use he "A Field Guide to American Houses" and other resource material approved by the PlanningCommission asresources documents to assess thepurity of architectural design" FISCAL IMPACTS: None CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The various ordinances regulating singe-family development will continue to be difficult to interpret and/or implement. ALTERNATIVE ACTION: 1. The. City Council could send all or part. of the set of amendments back to the Planning Commission for additional study. 2. The City Council could make additional changes and direct staff to place the matter on a future agenda for Second Reading and adoption. FOLLOW UP ACTION: Publish the Ordinance Amendments pursuantto state law. ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: 1. Ordinance Amending. Section 15-12, 15-45 of the Zoning Ordinance and portions of Chapter 14. • ORDINANCE AN ORDIANCE AMENDING VARIOUS SECTIONS OF THE ZONING CODE RELATING TO R-1 DEVELOPMENT 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 Councff finds and declares as follows: A. The Planning Commission has conducted a public hearing to consider amendments to the zoning and subdivision codes with respect to single family dwellings development, and B. The City Council of the City of Saratoga has conducted a Public Hearing on July 16, 2003 wherein all interested persons were afforded ari opportunity to discuss the proposed amendments. 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. 15-12.020 Permitted uses. 15-12.030 Conditional uses. 15-12.040 One dwelling unit per site: 15-12.050 Site area. r 1 L. J 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. • 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) 7o 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) 7o 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 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 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. (d) Police and fire stations and other public buildings, structures aridfacihties. (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 ih Section 7-20.220 of this Code. (j) Model homes utffized 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, #or 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. (1) One second unit, as authorized by a use 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: ___ ~._~--___._.__ -_~_ ~.T.__-._- _ Interior ~ ~ICorner ~Plag !.Hillside jDistrict~Lot ~ Lot ~ILot ~ ;Lot ~R-1-10,000 110,000 sq. ft. ~ ';12,000 sq. ft. (20,000 sq. ft. '40,000 sq. ft. ~R-1-12,500 12,500 s ft. i q• 15,000 s ft. ~ q~ 20,000 s ft. ;40,000 s ft. q• q• iR-1-1 005 0 15,000 sq. ft. 8,000 sq. ft. j2Q000 q %40,000 sq. ft. I R-1-20,000 20,000 sq. ft. !24,000 sq. ft. 20,000 sq. ft. 140,000 sq. ft. jR-1-40,000 X40,000 sq. ft." 48,000 sq. ft. 140,000 sq. ft.40,000 sq. ft. by Ord. 71.99 g 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. I~he 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, 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: 'iSite Site ~ ~ Site District fFrontage Width Depth __ IR-1-10,000 I60 ftft. 85 ft. _ 115 ft. `' R-1-12,500 !65 ft. !90 ftft. j 21 0 ft. `R-1-15,000 R-1-20,000 ':70 ft. '80 #t. ----- x!100 ft - `:110 ft. _ 125 ft: 140 ft. -_-~ __i R-1-40,000 1100 ft. "',,150 ft. 1150 f~ t. (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 15-06.620(f), in each R-1 district shall be as set forth in the following table: rDistrict Coverage (percent) -~---- ~- ----- ~R-1-10,000 X60 'R-1-12,500 ~-^._ _-.55 --- ---------- (R-1-15,000 j50 IR-1-20,000. ~45 R-1-40,000 i35 (Amended by Ord. 71.99 4 8,1991; Ord. 71-111_ ~ 1,1992; Ord. 71-185 41 (part), 1998) 15-12.090 Front Yazd, 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 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. (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 l0 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-1-10,000 l0 ft. 10 ft. R-1-12,500 l0 ft. l0 ft. R-1-15,000 12 ft. 12 ft. R-1-20,000 15 ft. is 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 ft. R-1-12,500. 25 ft. 3S ft. R-1-15,000 30 ft. 40 ft. R-1-20,000 35 #t. 45 ft. R-1-40,000 50 ft. 60 ft. (b) For the purpose of this Article, `bacant lot" means a pazcel 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 ~ 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 on residentially zoned parcels exceeding 20,000 square feet. The Staff and Planning Commission will use the "A Field Guide to American Houses" and other resource material approved by the Planning • Commission 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 g 1,1991) 15-12.110 Accessory uses and structures. Accessory uses and structures shall comply with the special rules as serforth 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 facffities shall be provided for each use on the site, in accordance with the regulations setforth 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 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 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. (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 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 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 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. 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 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 tesidential structures. The purpose of this Amcle 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 fooor 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. 71.98 410,1991; 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 an 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 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 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: AverageSlopeoftheLot j PercentageofNetSite Area to be Deducted 10.01--20% 10% plus 2% for each 1 percent of slope over 10%* 20.01--30% 30% plus 3% for each 1 percent of slope over 20%x ' 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: I Size of Lot (Net Site Less than 5,000 sq. ft. _._ _ _qw 5 000--10 000 s . ft. ' Floor Area Standard To be determined by Planning Commission ! 2,400 sq. ft. plus 160 sq. ft. for each 1,000 sq. ft. of net site area over 5,000 sq. ft* ~J 10,001--15 000 sq. ft. , 3,200 sq. ft. plus170 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. plus 10 sq. ft. for each 1,000 sq. !. ft. of net site area over 80,000 sq. ft.* i ', 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. 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 to an existing . structure shall comply with the creek protection setbacks requirements. (c) Accessory structures. Accessory structures may be permitted within a 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 ~ 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 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 heazing. (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 structures on 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. 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. 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. 71.98 411,1991; Ord. 71.113.410,1992; 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 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 expansion or reconstruction of, 509'0 or more of an existing main or accessory structure. (b) A one hundred square feet or greater addition to or reconstruction of one hundred square feet or more of the second story of a main or accessory structure. (c) The removal and replacement of 50% or more of the exterior walls of a main or accessory structure. The reconstruction of more than 50% of the existing exterior walls of a structure or an accessory structure shall be processed as new construction and considered a new 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 setforth 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 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 shaIl mail notice of the decision to the applicant and to any parry 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 15-90.02Q, 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 file an appeal within 15 calendar days of the Community Development Director'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 City 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 15-06.325 of this Code, if required by the Public Works Director. (12) A v/ritten 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 City 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 15-45.085 Off Site Improvements. The findings specified in section 15-45.080 maybe 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) Undergrounding of existing overhead utility fines 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 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 fight 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 g 27,1991) 15-45.090 Expiration of Design Review approval; extension; tolling of time period. (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 buffding 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) A design review approvals maybe extended for a period of twelve 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. Ciry Council. 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 1S-90 of this Chapter. VARIOUS INDIVIDUAL SECTIONS OF THE SUBDIVISION ORDINANCE ARE AMENDED TO READ: 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 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 or permitted 14-05.040 Designation of advisory agency. hereunder; shall waive or relieve compliance with any other ordinance of the City. 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, br 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 City for any purpose unless and until such change in zoning regulations is legally and finally adopted. (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 Ciry 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 Council; or if not so specified, at the tone or times as determined by the Community Development Director. The Applicant shall also pay to the Ciry, 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 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 Ciry) 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 subdivisionor 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 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 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 subdivision 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 reporC 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 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 apphcant 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 an 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 apphcant 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; notfce 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 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 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 apphcant. A copy of said report shall be kept on file in the Ciry 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 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(x) of this Chapter shall be removed or destroyed without a prior permit to do so issued by the Community Development, Duector 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 e~ 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 stnactures 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 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, Community Development Director whichever shall be the greater.. (f) Property not included in General Plan. Where theproposed 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 ownershall 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 iri 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 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 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 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 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 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 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 .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, no 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 parcelmap, 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 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 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 mitumum 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-of-way, shall constitute encroachments subject to removal in accordance with Article 10-20 in Chapter 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 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 Community 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 or 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 recordingthe 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 mutual 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 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 Community Development Directoror 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 City iti 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. i 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 City Council declares that it would have adopted the remaining provisions of this ordinance irrespective of the portion held invalid, and further declares its express intent that the remaining portions of this ordinance should remain in effect after the invalid portion has been eliminated. ~...J 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 16 day of July, 2003, and was adopted by the following vote following a second reading on the 6 day of August, 2003: AYES: NOES: ABSENT: ABSTAIN: • SARATOGA CITY COUNCIL MEETING DATE: July 6,.2003 AGENDA ITEM: ~ `'~~ ORIGINATING DEPT: Administrative Services CITY MANAGER: ~~ PREPARED BY: Jesse Baloca DEPT HEAD• SUBJECT: Property Tax Levy to Service the Debt on the Library Bonds RECOMMENDED ACTION(S): Adopt resolution approving the property tax rate for debt service payments on the Library General Obligation Bonds. REPORT SUMMARY: In March 2000, the citizens of Saratoga approved an increase in their property tax rate to pay for the debt service payments on the Library General Obligation Bonds, which were approved at the same time. The Library bonds were issued in May 2001, and the debt service payments began last February 2002. Annually, the .County of Santa Clara (the agency that prepares and issues property tax bills) requires that the new property tax rate be approved by the local jurisdiction and transmitted to the County. Debt service requirements for August 151 of the current tax year thru August 151 of the subsequent tax year totals $1,666;788 with prior year resources of $830,035. Therefore, the net debt requirement service is $836,753. The. net secured assessed valuation for all property located. in Saratoga for the fiscal year 2002-03 totals $6,912,583,629. Therefore; the property taxes to cover the debt service payments would be about $12.10 per 100,000 of assessed valuation (AV) for the year. For example, if a home was purchased a number of years ago and has an assessed valuation of $300,000, the increase in property tax would be $36.30 ($3 x 12.10) for the year. If a home was purchased recently for $3,000,000 the increase in property tax would be $363.00 (30 x $12.10) for the year. This is a reduction from the prior year levy of $16.50 per 1,000 AV resulting in a savings of $44 per million of AV. FISCAL IMPACTS: Tax levy supports the annual debt service requirement of the voter approved 2001 GO Bond. CONSEQUENCES OF NOT FOLLOWINGRECOMMENDED ACTION(S): If the property tax rate increase is not approved at this time, it will not be included in next year's property tax bills, and the City will be required to make the debt service payments from the General Fund. ALTERNATIVE ACTION(S): An alternative would be to not increase the property tax rate, thereby requiring the City to pay for the debt service payments using the General Fund. FOLLOW UP ACTION(S): Transmit the Resolution and related information to the County of Santa Clara Treasurer-Tax Collector's Office. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENT(S): Resolution Approving an Increase in the City's Property Tax Rate to Fund the Debt Service Payments on the Library General Obligation Bonds for Fiscal Year 2003-04. 2of2 . RESOLUTION N0.. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA APPROVING AN INCREASE IN THE CITY'S PROPERTY TAX RATE TO FUND DEBT SERVICE PAYMENTS ON THE LIBRARY GENERAL OBLIGATION BONDS FOR FISCAL YEAR 2003-04. WHEREAS, in March 2000, the citizens of Saratoga approved an increase in their property tax rate topay for the debt service payments on the Library General Obligation Bonds; and WHEREAS, debt service payments on these bonds began last February 2002; and WHEREAS, an increase in property taxes of $12.10 per 1,000 of assessed valuation is sufficient to cover the debt service payments for the year. NOW, THEREFORE, The City Council of the City of Saratoga hereby resolves to approve an increase in property taxes of $12.50 per $1,000 of assessed valuation for the fiscal year 2003-04 property tax roll. AND BE IT FURTHER RESOLVED, the above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the 6`h day of August 2003 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Nick Streit, Mayor ATTEST: Cathleen Boyer, City Clerk r 1 U SARATOGA CITY COUNCIL MEETING DATE: August 6, 2003 AGENDA STEM: ~ 1 t ORIGINATING DE 'ty Manager CITY MANAGER: ~"''~~ PREPARED BYc bEPT HEAD: Cathleen Boyer. Ci Clerk SUBJECT: Claim of Frances Carpenter; Claim No. GL-054842 RECOMMENDED ACTION: Authorize ABAG to accept claim. n U REPORT SUMMARY: On May 5, 2003. Frances Carpenter (claimant) presented a claim regarding an incident that occurred while she was walking along Prospect Avenue. The claimant alleges that she tripped over a raised portion of sidewalk. As a result the claimant submitted a medical bill for $582.30. The City's claims examiner reviewed all :documents provided by the claimant and City staff, and made recommendations FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The claim will not be settled. ALTERNATIVE ACTION: The City Council could decide to reject the claim. FOLLOW UP ACTION: Process acceptance notice. ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: None T SARATOGA CITY COUNCIL MEETING DATE: July 6, 2003 AGENDA ITEM: ORIGINATING DEPT: Administrative Services CITY MANAGER: ~~~~ PREPARED BY: Jesse Baloca~ DEPT HEAD:~~ SUBJECT:. Service Contract -Blue Hills Crossing Guard RECOMMENDED ACTION(S): Authorize City Manager to approve crossing guard contract with All City Management Services. REPORT SUMMARY: Early 2003, City Council agreed to provide funding for a crossing guard at Blue. Hills School, March 2000. The 2003/04 Budget includes approximately $10,000 for a crossing guard at the location of Knollwood and Desanka Avenue in Saratoga. A crossing guard service contract needs to be approved before Blue Hills Elementary begins, on August 21, 2003. Unlike the Saratoga School District; the Cupertino School District does not -have a mechanism for obtaining and training crossing guards or for providing an invoice to the City for reimbursement. Therefore, the City is initiating the service agreement with ACM directly. The contract rate with All City Management (ACM) is $13.79/hourly per crossing guard (4 hour minimum per .school day) and includes their cost for recruitment, training, equipment; supervision, insurance; and management. ACM's service experience includes more than 1,500 crossing guards throughout California, which include local municipalities such as Los Gatos, Cupertino, Mountain View, Palo Alto, Redwood City, Millbrae, Newark, and Freemont. FISCAL IMPACTS: .Approximately $10,000, as budgeted in the 2003/04 fiscal year. CONSEQUENCES OFNOT FOLLOWING RECOMMENDED ACTION(S): . A crossing guard will not be in place when school begins on August 21, 3003 ALTERNATIVE ACTION(S): Have Blue HiIlsBlementary determine another mechanism for obtaining a crossing guard where. the City can be invoiced and provide reimbursement services only or possibly develop, a volunteer crossing guard program FOLLOW UP ACTION(S)c Finalize the draft agreement for City Manager authorization. ADVERTISING; NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENT(S): 1) Draft crossing guard contract with ACM. 2) ACM company profile. 2of2 r 07/25/,2003 FRI 11:47 FAX 310202 8325 All City Management Svcs u AGREEMENT BETWEEN THE CITY OF SARATOGA AND ALL CITY MANAGEMENT SERVICES, INC. FOR CROSSING GUARD SERVICES ~JUUY/UU5 THIS AGREEMENT made and entered into this July 25, 2003 , by and between the CITY OF SARATOGA, a municipal corporation, hereinafter called the "City", and ALL CITY MANAGEMENT SERVICES, INC., hereinafter called the "Contractor"; WtTNESSETH The parties hereto have mutually covenanted and agreed as follows: This Agreement is for a period df time which commences August 1st, 2003 ,and ends on June 30, 2004, and for such term thereafter as the parties may agree upon. 2. The Contractor will provide personnel equipped .and trained in appropriate procedures forcrossing pedestrians in marked crosswalks. Such personnel shall be herein referred to as a Crossing Guard. The Contractor is an independent Contractor and the Crossing Guards to be fumished by it shall at all times be its employees and not those of the City. 3. The City's representative in dealing with the Contractor shall be designated by City 4. If, at anytime during the contract period, the City questions the meaning of any item of this Agreement, the City may contact the Contractor for interpretation of that item. 5. The City shall have the right to determine the hours and locations when and where Crossing Guards shall be furnished by the Contractor. The Contractor shall notify the City in writing of any changes which may need to occur in hours of work or locations. The City further has the power to add to, delete from, or revise the work schedule/locations afany time. 6. The Contractor shall provide supervisory personnel to see that Crossing Guard activities are taking place at the required places and times, and in accordance with all items of this Agreement. 7. The Contractor shall maintain adequate reserve personnel to be able to furnish alternate Crossing Guards in the event that any person fails to report for work at the assigned time and location.. r~ lJ Page -1- Main Office: 1149 S. La Cienega Blvd. • LosAngeles, CA 90035 •310-202-8284 FAX 310-202-8325 Northern California Office:. 6500 Dublin Blvd., Ste. 216 • Dublin, CA 94568.800-540-9290 FAX 925-803-6992 07I25I2003 FRI 11:48 FAX 310202 8325 All City Management Svcs t~Uu~iuu5 8. The Contractor shall provide personnel properly trained as herein specified for the performance of duties of Crossing Guards. In the performance of their duties the Contractor and employees of the Contractor shall conduct themselves in accordance with the conditions of this Agreement and the laws and codes of the State of Cal'rfomia and the City of Saratoga 9. Persons provided by the Contractor as Crossing Guards shalt be trained in the laws and codes of the State of California and the City of Saratoga pertaining to general pedestrian safety and school crossing areas. 10. Crossing Guard Services. shall be provided by the Contractor at the designated locations and at the designated hours on all days on which the designated schools in the City of Saratoga; are-in session.. 11. The Contractor shall provide all Crossing Guards with apparel by which they are readilyvisible and easily recognized as Crossing Guards. Such apparel shall be uniform for all persons performing the duties of Crossing Guards and shall be wore at all times while performing said duties: This apparel must be appropriate Tor weather conditions. The Contractor shall also provide all Crossing Guards with hand held Stop signs and any other safety equipment which may be necessary. Apparel and equipment shall bepre-approved bythe City Manager orthe designee. 12. The Contractor shall at all times provide workers' compensation insurance covering its employees, and shall provide and maintain liability insurance for Crossing GuarcJ activities. The Contractor will provide to the City a Certificate of Insurance naming the City and its officials, officers and employees as an additional insured.' Such insurance shall include commercial general liability with a combined single limit of not less than $1,000,000.00 per occurrence and in aggregate for property damage and bodily injury. Such insurance shall be primary with respect to any insurance maintained by the City and shall not call on the City's insurance contributions. Such insurance-shall be endorsed for contractual liability and personal injury and shall include the Cfty, its officers, agents and interest of the City.. Such insurance shall not be canceled, reduced in coverage or limits or non-renewed excepfafter thirty (30) days written notice by Certified Mail, Return Receipt Requested has been given to the City Manager, or designee for the City of Saratoga_ U • i Page -2- r 07/25/003 FRI 11:48. FAX 310202 8325 X911 City Management Svcs ~UU4iuo5 13. Contractor agrees to indemnify the City, its Officers, employees and agents against, and will hold and save each of them harmless from, any and all actions, claims for damages to persons or property, penalties, obligations or liabilities that may be asserted or claimed by any person, firm, entity,.corporation, political subdivision or .other organization- arising out. of the intentional or negligent acts, errors, or omissions of Contractor, its agents, employees, subcontractors, orinvitee,provided for herein, a) Contractor will defend any action or actions filed in connectiorrwith any of said claims, damages, penalties, obligations or liabilities and will pay all costs and expenses including attorney's fees incurred in connection herewith. . b) Contractor will promptly pay any judgement rendered .against City, its officers, agents or employees for any such claims, damages, penalties, obligations or liabilities. c) In the event City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising out of or in connection with the sole negtigence of Contractor hereunder, Contractor agrees to pay City, its officers, agents, or employees, any and all costs and expenses incurred by City, its officers agents or employees in such action or proceeding, including, but not limited to, reasonable attorney's fees. 14. Either party shall have the right to cancel this Agreement by giving thirty (30) days written notice to the other. 15. The Contractor shall not have the right to assign this Contract to any other person or firm except with the prior written consent of the City. 16. The City agrees to pay the Contractor for the servi s ered pursuant to-this Agreement the sum of $~ -per hour of Crossin prices provided. It is understood and agreed thatthe costfor providi hours of services shall not exceed $ .1 Page-3- 09/25/2003 FRI 11;48 FAX 310202 8325 All City Management Socs ~jUU5/UU5 Y 17, In the event that this Agreement is extended beyond June. 30, 2004, the compensation for services shall be established by mutual consent of the parties. Said payment shall be made upon written statement to the City by the Contractor and approval of the appropriate City representative. IN WITNESS. WHEREOF, the parties hereto have executed this Agreement the day and year first above written. City of Saratoga By Signature Print Name and Title Date All City Management Services, tnc. By Baron Farwell, General Manager Date Juty 24.2003- • Page -4- Su><nrnary of Benefits • Professionally Managed Program • Extensive on-going Crossing Guard Training • Elimination of Site Vacancies • Professional Liaison with Parents • Coordination o~'School Schedules with Guard Personnel • Relieving Police Personnel of Crossing Duties • Five-Million Dollar Umbrella Insurance Coverage • Professional Liaison with School Districts • Coordination of Safety Assemblies at Schools • Relief from Personnel and Administrative Problems • Program Acknowledgment through Crossing Guard Award Program • Safety Checks at each Intersection "~"Ixe C`~®ssing ward C®mpany" u Main Office: 1749 S. La Cienega Blvd. ~^ Los Angeles, CA 90035 •310-202-8284 FAX 310-20?.-8325 Northern California Office: 6500 Dublin Blvd., Ste. 216 • Dublin, C.A 94568 • 800-540-9290 FAX 925-803-6992 COMPANY PROFILE All City Management Services, Inc. (ACMS), is a multifaceted Califomia Corporation. ALMS was founded in 1985 by Ronald Farwell who had over 20 years of law and traffic enforcement experience before his retirement from the Los Angeles Police Department. Recognizing the competing and diverse demands placed on many-Law Enforcement Agencies, Ron's goal was to create a company to professionally service these needs. ACIVIS's focus has been to mansge public programs with special emphasis on traffic related issues. We currently provide Crossing Guazd Service, Parking Enforcement, and Traffic Control for a variety of Public Agencies throughout California. The largest component of AC117S is our Crossing Guard operations. We currently employ over 1500 School Crossing Guards throughout California. In 1995 we expanded our service to the Northern California a~•ea, where we now employ over one-hundred (250) Crossing Guards. ~° ACME has developed Crossing Guard industry standards for training, supervision and. safety . Most of all, we have successfully privatized the Crossing Guard Programs ofmany cities throughout California. We attribute our success to our consistent goal of providing the highest level of professional service while maintaining an efficient and responsive organization. SCHOOL CROSSING GUARD PROGRAMS The privatization and management of School Crossing Guard programs involves several key functions which include orientation, training, recruitment, supervision, selection and staffing. In the following synopsis we have outlined our basic procedures, and operational plan for initiating and. managing a new or an existing School Crossing Guard program. A) ORIENTATION AND TRAINING: After a contract is awarded or as soon as practical, an orientation meeting of all existing personnel is held. At this meeting we brief all prospective employees on ACMS and provide additional information on the history and operations of ACMS. We then explain the transition from a public to a private company and allow a question and answer period. After all. questions have been answered, we distribute pre-employment forms including the Employment Application, W-4 forms, I-9 form, and the Medical History Questionnaire. Once these forms aze completed and reviewed we conduct a Crossing Guard training session. ACMS has compiled an Information and Employee Instructional Handbook which explains the rules of conduct, appearance and provides instruction on proper Crossing Guard procedures. We will review and train from this manual and subsequently test employees on the material covered in this training session. Should additional personnel be necessary, we would begin the recruitment and selection. 9 , B) RECRUITMENT AND SELECTION: In initiating a new program or filling in personnel vacancies, ACME first concentrates its efforts on recruiting in the area where the guard is likely to work. We have found that it is more advantageous if individuals with a good knowledge of the community work in the program. Community values and mores are preserved and a more homogeneous relationship between the guard; school, parents and children: is likely to develop. Recruitment and selection is a crucial part of our program and functions more effectively with personnel recruited from within the community. Sources for recruitment would include but not be limited to the PTA and other parent groups, senior citizen groups, retired teachers, retired postal workers and finally, newspaper advertisement. All applicants will complete applications and interviews: The interview would focus on assessing the individual's communicative abilities, employment history; ability to relate to others and work with children. Those passing this phase will then have a personal reference check by ACME. All . applicants must: A) Be available during the entire school clay B) Be able to communicate in English C) Possess a valid California ID Card D) Meet the physdical requirements for the job E) Possess a telephone F) Have no felony convictions Successful completion of all phases qualifies an applicant for employment. The selection is then made. Those passing but. not selected. are placed on an availability roster for alternate work and subsequently a permanent intersection. All City Management Services, Inc. is an equal opportunity employer and will hire senior citizens, women, veterans, and all qualified individuals regardless of their ethnic background or religious affiliation. C) SIJPEI2VISION: The Area Supervisor is responsible for the recruitment and training of personnel, overseeing the scheduling for all crossing locations, conducting safety inspections, coordinating safety assemblies and responding to any complaints. As such, candidates for Supervisory liositions must have strong supervisory experience and excellent communication skills written and oral. Supervisors will be hired, tested, trained and chosen before work on a contract begins. C) SUPERVISION (continued) The supervisory selection process involves first determining whether any current Crossing Guards are qualified and interested in a Supervisory positiori. It has been our experience, that many experienced and competent Crossing Guards look forward to promotional possibilities. Their experience and familiarity with the job has proven to be an asset to the company and to the client governmental entity. The possibility ofbeing able to promote creates excitement, job interest, and high morale. In addition to Crossing Guard promotion, recruitment would also be from associations and organizations representing retired teachers or other individuals with strong supervisory experience and excellent communication skills. Applicants for Supervisorypositions will be interviewed and selected by a panel of interviewers who themselves are familiar with Crossing Guard and Supervisory duties and responsibilities. The interview process will contain same or similar questions for each candidate. and will be documented for fixture review. Once individuals have been selected to work as an Area Supervisor, they will be trained in much the same fashion as the Crossing Guards; however, they will also be instructed in time keeping, report writing, and Supervisory techniques. The supervisor will visit each site under his/her supervision on a regular basis and each participating school at least once a month. It has been our experience that in order to have a successful and effective program, on-going and open lines ofcommunication must exist between Guard, Supervisor, school, officials, parents and the client governmental entity. D) STAFFING: Site staffing issues are a primary responsibility of the Area Supervisor. To assist in this process we aggressively enforce the following policies and procedures: 1. Site Supervisors maintain an alternate roster. We encourage at least a 5 to 1 ratio of sites versus alternate guards. 2. We require any guard. not reporting for duty to notify the Area Supervisor as early as possible and at least one (I) hour prior to their starting time. 3. Site Supervisors are equipped with a pager. Guards are instructed to call or page the Site Supervisor and/or contact the office to confirm any absence. 4. Our policy is "No call, No show, ...:.No Job." Throughout our training we emphasize the importance ofinsuring the safety of children by our presence. As such, we caimot allow the children's safety to be compromised by failing to cal] or show for duty. Y 'I D) STAFFING (continued) It has been our experience -that. these measures minimize any site staffing .problems. If these procedures have not solved a specific staffing need, the Site Supervisor would then contact other Site Supervisors for available alternate guards. In the event that no alternate guazds aze available in any other area, the Site Supervisor will work a site vacancy. All City Management Services, Inc. operational staff for the Crossing Guard Program includes the following positions: 1. General Manager-Responsible for the overall operational and administrative functions of the program. Interviews and trains Supervisors. 2. Operations Manager-Coordinates the initiation of new programs, trains and interviews Crossing Guards and .Supervisors. Oversees the activities of .the Supervisors and Regional Safety Supervisor. 3. Regional Safety Supervisor-Responsible. for the development and instruction of safetytraining information. Performs random safety inspections with site supervisors at all intersections. Conducts safety training with all guards annually. 4. Site Supervisor-Oversees the day to day activities ofthe Crossing Guazds including recruitment, training and supervision, work with school administrators to coordinate scheduling and special assembles. 5. Crossing Guard-Performs daily crossing activities. 6. Alternate Guard-0n call for daily crossing opening. • ~_~ MEETING DATE: SARATOGA CITY COUNCIL August 6, 2003 AGENDA ITEM: ~~ ORIGINATING DEPT: City Manager's Office CITY MANAGER: PREPARED BY: Lorie Tinfow DEPT HEAD. °l SUBJECT: Agreement with County of Santa Clara to Receive County OES Grant Funds RECOMMENDED ACTION(S):. Authorize City Manager to sign the attached agreement between Santa Clara County and the City to provide grant funds for emergency preparedness activities. REPORT SUMMARY: In Spring 2003, staff was contacted regarding the availability of grant funds for emergency preparedness activities within certain parameters. Costs for installing the proposed fire alarm system in City Hall qualified as an eligible use. Staff submitted a request for approximately .$5600. This grant agreement includes funds for that use as well as other funds apportioned by the County to each City depending on criteria such as population. A list of total funds allocated under each grant program follows: • FY 2002 Community Emergency Response Teams (CERT): $181.77 Saratoga launched its first CERT program this summer. The funds can be used for hardhats, handbooks or other related equipment and supplies. ^ FY 2002 Emergency Operation Planning: $4,309.06 The County Office of Emergency Serdices has agreed to update our Emergency Plan and will request these funds be paid back to them to offset their staff's salary. • FY 2002 State Domestic Preparedness Grant: $5,645.43 Funds available for the City Hall fire alarm system equipment and installation. • FY 2003 Emergency Management Performance Grant: $2,553.28 These types of funds are often used to offset the salary of staff who are responsible for emergency preparedness. Reporting requirements exist but appear to be minimal. Staff recommends that the funds be accepted. FISCAL IMPACTS: Additional revenue to the City of $8,380.48 and the ability to offset County OES assistance costs in the amount of $4,309.06. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): The City would not receive the grant funds. ALTERNATIVE ACTION(S): N/A FOLLOW UP ACTION(S): Staff will execute the agreement. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: • Copy of the "Agreement Between the County of Santa Clara and the City of Saratoga Granting Program Funds for the FY 2002 Supplemental Appropriations Grant for Citizens Corp and CERT, the FY 2002 Supplemental Appropriations Grant for Emergency Operations Planning, the FY 2002 State Domestic Prepareness Grant Program, and the FY 2003 Emergency Management Performance Grant" 2of2 AGREEMENT BETWEEN THE COUNTY OF SANTA CLARA AND THE CITY OF SARATOGA GRANTING PROGRAM FUNDS FOR THE FY 2002 SUPPLEMENTAL APPROPRIATIONS GRANT FOR CITIZEN CORPS AND CERT, THE FY 2002 SUPPLEMENTAL APPROPRIATIONS GRANT FOR EMERGENCY OPERATIONS PLANNING, THE FY 2002 STATE DOMESTIC PREPAREDNESS GRANT PROGRAM, AND THE FY 2003 EMERGENCY MANAGEMENT PERFORMANCE GRANT BACKGROUND The County of Santa Clara ("County") is the fiscal agent for the Santa Clara County Operational Area ("OA"). On March 10, 2003, the Governor's Office on Service and Volunteerism awarded the County a FY 2002 Supplemental Appropriations Grant for. Citizen Corps and CERT Grant for the purpose of distributing these funds to OA for the implementation, expansion and development of Community Emergency Response Team and Citizen Corps Programs. On May 2, 2003, the Governor's Office of Emergency Services awarded the County a FY 2002 Supplemental Appropriations Grant for Emergency Operations Planning for the purpose of distributing these funds to the OA for emergency operations planning. On July 2, 2003, the Governor's Office of Homeland Security awarded . the County FY 2002 State Domestic Preparedness Grant Program funds for the purpose of distributing these funds to the OA for increasing homeland security, including purchasing equipment. On June 1, 2003, the Governor's Office of Emergency Services awarded the County an Emergency Management Performance Grant for the purpose of distributing these funds to the OA for developing and maintaining the level of capability to prepare for, to mitigate, to respond to, and to recover from emergencies and disasters. The Emergency Preparedness Council (EPC) is the OA Council and is authorized to allocate these grant funds in accordance with State guidelines. This agreement ("Agreement") is to transfer a portion of these grant funds to the City of Saratoga ("City") in accordance with the EPC's spending priorities and the obligations imposed on the OA by the State. THE AGREEMENT Article 1. Transfer of Grant Funds. 1.1 Amount of Payment. (a) The County will transfer to the City a portion of the funds that the County receives under the FY 2002 Supplemental Appropriations Grant for Citizen Corps and CERT, the FY 2002 Supplemental Appropriations Grant for Emergency r~ U 1 of 7 Operations Planning, the FY 2002 State Domestic Preparedness Grant Program, • and the FY 2003 Emergency Management Performance Grant programs. This amount will not exceed $181.77 for the Fiscal Year 2002 Supplemental Appropriations Grant for Citizen Corps and CERT, $4,309.06 for the Fiscal Yeaz 2002 Supplemental Appropriations Grant for Emergency Operations Planning, $5,645.43 for the Fiscal Year 2002 State Domestic Preparedness Grant Program, and $2,SS3.28 for the Fiscal Year 2003 Emergency Management Performance Grant, for a total grant maximum of $12,689.54. (b) In lieu of receiving FY 2002 State Domestic Preparedness Grant Program funds, or any portion of these funds, the City may elect to have the County purchase equipment as specified in the County's Application for the FY 2002 State Domestic Preparedness Grant Program (which is incorporated to this Agreement as specified below). If the City notifies the County that it is electing to receive the equipment, the County will purchase the equipment selected by the City, distribute the equipment to the City, and reduce the amount of cash transferred under this Agreement by an amount equal to the costof the equipment. Such notification must be received by August S, 2003. Article 2. City's Obligations. 2.1 Use of Funds. . (a) The City will use the specific funds and. equipment granted under this Agreement only for the purpose of implementing the specific programs for which the funds were granted. (b) The City will use the funds and equipment granted under this Agreement in a manner consistent with: (1) the applications submitted by the County to the State for the. grants under this Agreement; (2) the grant guidance issued by the State for the grants under this Agreement; and (3) the notifications issued by the State of the approval of the grants under this Agreement. (c) The documents described in Section 2.1(b)(1)-(3) of this Agreement (collectively the "State Grant Requirements") are on file with the County and the granting agencies of the State, and are hereby incorporated into this Agreement. The City hereby acknowledges that it has received a copy of the State Grant Requirements. 2of7 • 2.2 Master Grant Obligations. (a) The City agrees to comply with all applicable requirements and assurances contained in the State Grant Requirements. The City may designate vendors or sub grantees to fulfill these obligations. (b) If any provisions of this Agreement conflict with the State Grant Requirements, the provisions of the State Grant Requirements will control 2.3 Reporting. (a) The City will prepare progress reports for the duration of the term of this. Agreement. The reports must include the status of all activities, including equipment purchases. (b) The reports are due to the County representative identified in Section 5.1 as follows: (1) Performance Period 1 -due by August 15, 2003 (2) Performance Period 2 - due by October 5, 2003 . (3) Performance Period 3 - due by January 5, 2004 (c) The County will provide the City with a report template for each reporting period, and the City will utilize the template. (d) For each separate grant program under this Agreement, the City will notify the County representative identified in Section 5.1, within 15 days, when the City has. completed the applicable program requirements. 2.4 Equipment. (a) Except for the manufacturers' warranties, the equipment granted under this Agreement, if any, is being provided "as is", and all other warranties, express or implied are disclaimed.. (b) The County is not responsible or liable for the cost of procurement of any substitute equipment, and the County is not liable for any damages experienced by any person or entity arising as a result of: (1) City's misuse of the equipment; (2) City's failure to provide services pertaining to the equipment; or 3 of 7 (3) any defects in the equipment. . Article 3. Term and Termination. 3.1 Term of Agreement. This Agreement is effective from the date that it is signed by all parties through the date that the County receives notification from the State that each of the grants under this Agreement have been closed out. The County will notify the City upon receiving such notification from the State. 3.2 Termination. (a) Either party may terminate this Agreement for cause upon written notice to the other in accordance with this Section. For the purpose of this Agreement, cause includes, but is not limited to a material breach of this Agreement, or a violation of any applicable laws. (b) Opportunity to cure. The nonbreaching party, within ten (10) days of its determination of a material breach of this Agreement, shall give written notice of the breach to the breaching party, specifying the breach. The breaching party shall . not be deemed in default hereunder and the nonbreaching party shall not institute proceedings or exercise any remedies against the breaching party unless the breach has not been cured, corrected or remedied within thirty (30) days after the giving of such notice of breach or within such longer period as may be reasonably required to cure, correct or remedy. the breach, provided the breaching party has commenced such cure, correction or remedy within such thirty (30) day period and diligently and continuously pursues such cure, correction or remedy. Article 4. Liabilities. 4.1 Mutual Indemnification. In lieu of and not withstanding the pro rata risk allocation which might otherwise be imposed between the parties pursuant to Government Code Section 895,6, the parties agree that all losses or liabilities incurred by a party shall not be shared pro rata but instead the County and the City agree that pursuant to Government Code Section 895.4, each of the parties hereto shall fully indemnify and hold each of the other parties, their officers, board members, employees and agents, harmless from any claim, expense or cost, damage or liability imposed for injury (as defined by Government C~ 4 of 7 Code Section 810.8) occurring by reason of the negligent acts or omissions or willful. misconduct of the indemnifying party, its officers, board members, employees or .agents, under or in connection with or arising out of any work, authority or jurisdiction delegated to such party under this Agreement. No party, nor any officer, board member, employee or agent thereof shall be responsible for any damage. or liability occurring by reason of the negligent acts or omissions or willful misconduct of other parties hereto, their officers, board members, employees or agents, under or in connection with or arising out of any work, authority or jurisdiction delegated to such other parties under this Agreement. Article 5. Miscellaneous. 5.1 Notice. All notices required by this Agreement will be deemed given when in writing and delivered personally or deposited in the United States mail, postage prepaid, return receipt requested, addressed to the other party at the address set forth below or at such other address as the party may designate in writing: To the City: Lorie Tinfow Assistant City Manager City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 To the County: Terry Gitlin Director of Emergency Preparedness County of Santa Clara Office of Emergency Services 55 W. Younger Ave., Suite 435 Santa Clara, CA 95110 5.2 Compliance and Nondiscrimination. The parties will comply with all applicable Federal, State, and local laws and 5 of 7 regulations. Such laws include but are not limited to the following: Title VII of the Civil Rights Act of 1964 as amended, the Americans with Disabilities Act of 1990, the Rehabilitation Act of 1973 (Sections 503 and 504), the California Fair Employment and Housing Act (Government Code sections 12900 et seq.), and California Labor Code sections 1101 and 1102: The parties will not discriminate against any subcontractor, employee, or applicant for employment because of age, race, color, national origin, ancestry, religion, sex/gender, sexual orientation, mental disability, physical disability, medical condition, political beliefs, organizational affiliations, or marital status in the recruitment, selection for training including apprenticeship, hiring, employment, utilization, promotion, layoff, rates ofpay or other forms of compensation. Nor will the parties discriminate in the provision of services provided under this Agreement because of age, race, color, national origin, ancestry, religion, sex/gender, sexual orientation, mental disability, physical disability, medical condition, political beliefs, organizational affiliations, or marital status. 5.3 Governing Law. This Agreement has been executed and delivered in, and will be construed and enforced in accordance with, the laws of the State of California. 5.4 Assignment. The parties may not assign this Agreement or the rights and obligations hereunder • without the specific written consent of the other.. 5.5 Entire Agreement. This document represents the entire Agreement between the parties with respect to the subject matter hereof. All prior negotiations and written and/or oral agreements between the parties with respect to the subject matter of this Agreement are merged into this Agreement, 5.6 Amendments. This Agreement may only be amended by an instrument signed by the parties. 5.7 Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. ~~ ~J 6of7 5.8 Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be void, invalid or unenforceable, the same will either be reformed to comply with applicable law or stricken if not so conformable, so as not to affect the validity or enforceability of this Agreement. 5.9 Waiver. No delay or failure to require performance of any provision of this Agreement shall constitute a waiver of that provision as to that or any other instance.. Any waiver granted by a party must be in writing, and shall apply to the specific instance expressly stated. LJ ~J Signed: COUNTY OF SANTA CLARA by Peter Kutras, Jr. Acting County Executive Approved as to Form and Legality: CITY OF SARATOGA by date Dave Anderson City Manager Jared A. Goldman, Deputy County Counsel date Approved as to Form and Legality: Richard S. Taylor City Attorney 7of7 SARATOGA CITY COUNCIL MEETING DATE: August 6th, 2003 AGENDA ITEM: ORIGINATING DEPT: Public Works CITY MANAGER: ~~G~~--- PREPARED BY: Mor an Kessler /~ ~ DEPT HEAD: SUBJECT: El Quito Park Irrigation Renovation Project-Notice of Completion RECOMMENDED ACTION(S): Move to accept the El Quito Park Irrigation Renovation Project as complete and authorize staff to record the Notice of Completion: for the construction contract. REPORT SUMMARY: All work for the El Quito Park Irrigation Renovation Project has been completed by the city's contractor, Colony Landscape & Maintenance, and has been inspected by Public Work's staff. The final construction contract amount for the project was $54,000.00,-which is equal to the awarded contract amount. Project Summary: CIP Project Budget: $250,000.00* Contract Award Amount: $54,000.00 Change Order Authority: $ 5,500.00 Final Contract Amount: $54,000.00 Contract Change Orders: .None *Note: The remaining budget amount for this project is to be used toward further El Quito Park improvements. In order to close out the construction contract and begin the one-year maintenance/warranty period, it is recommended that the Council accept the project as complete. Further, it is recommended that the Council authorize staff to record: the attached Notice of Completion for the construction contract so that the requisite 30-day Stop Notice for the filing of claims by subcontractors or material providers may commence. FISCAL IMPACTS: This project has been paid for through El Quito Park Improvement Project CIP funding. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): The project would not be accepted as complete and staff would notify. the contractor of any additional workrequired by the City Council before the project would be accepted as complete, ALTERNATIVE ACTION(S): None in addition to the above, FOLLOW UP ACTION(S): Staff will record the Notice of Completion for the construction contracts and release the contract sureties and retentions thirty days thereafter. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional ATTACHMENTS: 1. Notice of Completion for the El Quito Park Irrigation Renovation Project. 2of2 • Recording requested by, And to be returned to. City of Saratoga Public Works Department 13777 Fruitvale Avenue Saratoga, CA 95070 NOTICE OF COMPLETION • NOTICE IS HEREBY GNEN that the work agreed and performed under the contract mentioned below between the City of Saratoga, a municipal corporation, whose address is 13777 Fruitvale Ave., Saratoga, CA 95070, as Owner of property or property rights, and the Contractor mentioned below, on property of the Owner, was accepted as complete by the Owner on the 6th day of August, 2003. Contract Number: N/A Contract Date: April 2"a, 2003 Contractor's Name: Colony Landscape & Maintenance Contractor's Address: 4911 Spreckles Avenue, Alviso, CA 95002 Description of Work: El Quito Park Irrigation Renovation Project Notice is given in accordance with the provisions of Section 3093 of the Civil Code of the State of California. The undersigned certifies that he is an officer of the City of Saratoga, that he has read the foregoing Notice of Acceptance of Completion. and knows the contents thereof; and that the same is true of his own knowledge, except as to those matters which are therein stated on the information or belief, as to those matters the he believes to be true. I certify under penalty of perjury that the foregoing. is true and correct.. Executed at the City of Saratoga, County of Santa Clara, State of California on , 2003. CITY OF SARATOGA BY: Dave Anderson City Manager • ATTEST: Cathleen Boyer, City Clerk Gov. Code 40814 3 of 3 i SARATOGA CITY COUNCIL MEETING DATE: August 6th, 2003 AGENDA ITEM:. ORIGINATING DEPT: Public Works CITY MANAGER: ('j~~~ PREPARED BY: Moreau Kessler ~K DEPT HEAD: ~ciw~l":G`'~-''CJ""~-~ SUBJECT: El Quito Park Sand Channel Vertical Bypass Drainage Project-Notice of Completion RECOMMENDED ACTION(S): Move to accept the El Quito Park Sand Channel Vertical Bypass Drainage Project as complete and authorize staff to record the Notice of Completion for the construction contract. All work for the El Quito Park Sand Channel Vertical Bypass Drainage Project has been completed by the city's contractor, Colony Landscape & Maintenance, and has been inspected by Public Work's staff. The final construction contract amount for the project was- $69,200.00, which is equal to the awarded contract amount. REPORT SUMMARY: Project Summary: Project Budget: $250,000.00* Contract Award Amount: $69,200.00 Change Order Authority: $ 7,000.00 Final Contract Amount: $69,200.00 Contract Change Orders: None *Note: The remaining budget amount for this project is to be used towards further El Quito Park improvements. In order to close out the construction contract and begin the one-year maintenance/warranty period, it is recommended that the Council accept the project as complete. Further, it is recommended that the Council authorize staff to record the attached Notice of Completion for the construction contract so that the requisite 30-day Stop Notice for the filing of claims by subcontractors or material providers may commence. FISCAL IMPACTS: This project has been paid for through El Quito Park Renovation Project CIP funding.. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): The project would not be accepted as complete and staff would notify the contractor of any additional work required by the City Council before the project would be accepted as complete. ALTERNATIVE ACTION(S): None in addition to the above. FOLLOW UP ACTION(S): Staff will record the Notice of Completion for the construction contracts and release the contract sureties and retentions thirty days thereafter. ADVERTISING, NOTICING AND PUBLIC CONTACT:. Nothing additional ATTACHMENTS: 1. Notice of Completion for the El Quito Park Sand Channel Vertical Bypass Drainage Project 2 of 2 Recording requested by, And to be returned to: City of Saratoga Public Works Department 13777 Fruitvale Avenue Saratoga, CA 95070 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the work agreed and performed under the contract mentioned below between the City of Saratoga, a municipal corporation, whose address is 13777 Fruitvale Ave., Saratoga, CA 95070, as Owner of property or property rights, and the Contractor mentioned below, on property of the Owner, was accepted as complete by the Owner on the 6th day of August, 2003. Contract Number: N/A Contract Date: Apri12"a, 2003 Contractor's Name: Colony Landscape & Maintenance Contractor's Address: 4911 Spreckles Avenue; Alviso, CA 95002 Description of Work: EI Quito Park Sand Channel Vertical Bypass Drainage Project Notice is given in accordance with the provisions of Section 3093 of the Civil Code of the State of California. The undersigned certifies that he is an officer of the City of Saratoga, that he has read the foregoing Notice of Acceptance of Completion and knows the contents thereof; and that the same is true of his own knowledge, except as to those matters which are therein stated on the information or belief, as to those matters the he believes to be true. I certify under penalty of perjury that the foregoing is true and correct. Executed at the City of Saratoga, County of Santa Clara, State of California on , 2003. CITY OF SARATOGA BY: ATTEST: Dave Anderson City Manager Cathleen Boyer, City Clerk Gov. Code 40814 3 of 3 ~r SARATOGA CITY COUNCIL MEETING DATE: August 6`h, 2003 AGENDA ITEM: 2~~ ~~~ ORIGINATING DEPT: Public Works PREPARED BY: Mor an Kessler CITY MANAGER: DEPT HEAD: __~W~tiW~ .tQr-r-~-~A SUBJECT: Congress Springs Safety Net Extension Project-Notice of Completion RECOMMENDED ACTION(S): Move to accept the Congress Springs Safety Net Extension Project as complete and authorize staff to record the Notice of Completion for the construction contract. REPORT SUMMARY: All work on the Congress Springs Safety Net Extension Project has been completed by the. City's contractor, Ace Golf Netting, and has been inspected by Public Work's staff. The final construction contract amount was $43,725.00, which is equal to the awarded contract amount. Project Summary: Project Budget: $60,000.00 Contract Award Amount: $43,725.00 Change Order Authority: $ 8,000.00 Final Contract Amount: $43,725.00 Contract Change Orders: None *Non-Contract Expenditures: $5,500 (estimate) *Note: Non-contract expenditures include utility and irrigation relocation performed by other contractors working for the City. In order to close out the construction contract and begin the one-year maintenance/warranty period, it is recommended that the Council accept the project as complete. Further, it is recommended that the Council authorize staff to record the attached Notice of Completion for the construction contract so that the requisite 30-day Stop Notice for the filing. of claims by subcontractors or material providers may commence. FISCAL IMPACTS: This project has been paid for through Congress Springs Safety Net Extension Project CIP funding. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): The project would not be accepted as complete and staff would notify the contractor of any additional work required by the City Council before the project would be accepted as complete. ALTERNATIVE ACTION(S): None in addition to the above. FOLLOW UP ACTION(S): Staff will record the Notice of Completion for the construction contracts and release the contract sureties and retentions thirty days thereafter. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional ATTACHMENTS; 1. Notice of Completion for the Congress Springs Safety Net Extension Project. f 2 of 2 l d Recording requested by, And to be returned to: City of Saratoga Public Works Department 13777 Fmitvale Avenue Saratoga, CA 95070 NOTICE OF COMPLETION NOTICE IS HEREBY GNEN that the work agreed and performed under the contract mentioned below between the City of Saratoga, a municipal corporation, whose address is 13777 Fruitvale Ave., Saratoga, CA 95070, as Owner of property or property rights, and the Contractor mentioned below, on property of the Owner, was accepted as complete by the Owner on the 6th day of August, 2003. Contract Number: N/A Contract Date: March 5`h, 2003 Contractor's Name: Ace Golf Netting, Inc. Contractor's Address: 828 Wagon Trail, Austin, TX 78758 Description of Work: Congress Springs Park Safety Net Extension Project Notice is given in accordance with the provisions of Section 3093 of the Civil Code of the State of California. The undersigned certifies that he is an officer of the City of Saratoga, that he has read the foregoing Notice of Acceptance of Completion and knows the contents thereof; and that the same is tme of his own knowledge, except as to those matters which are therein stated on the information or belief, as to those matters the he believes to be tme. I certify under penalty of perjury that the foregoing is true and correct. Executed at the. City of Saratoga, County of Santa Clara, State of Califomia on , 2003. CITY OF SARATOGA BY Dave Anderson City Manager ATTEST: Cathleen Boyer, City Clerk Gov. Code 40814 3 of 3 SARATOGA CITY COUNCIL MEETING DATE August 6, 2003 ORIGINATING DEPT: Public Works PREPARED BY: Iveta Harvancik AGENDA ITEM: CITY MANAGE~R:n~7~~ DEPT HEAD: \~M Ch~ SUBJECT: Water Quality Sampling for Saratoga Creek and Other Creeks in the City of Saratoga -Agreement with Santa Clara Valley Water District RECOMMENDED ACTION(S): Authorize the City Manager to execute Agreement between the Santa Claza Valley Water District and the City of Sazatoga concerning Water Quality Sampling for Sazatoga Creek and Other Creeks in the City of Saratoga REPORT SUMMARY: Backg ox and The City of Saratoga in cooperation with the Santa Claza Valley Water District (District) has been conducting tests to measure bacterial levels in Sazatoga Creek for over eight yeazs. The testing was initiated as part of the Urban Creek Assessment Project (UCAP) under the terms of the June 26, 1995 Settlement Agreement between the District and two environmental groups:. San. Francisco Baykeeper and Friends of Santa Claza County Creeks. The tests were usually performed quarterly and each test event included collection of samples from various points along Sazatoga Creek. The samples were delivered to the District's- analytical laboratory, which completed the analysis and provided the results to the City. In 1999 an agreement between the District, the City of Saratoga and Friends of Santa Claza County Creeks was executed, which extended the District's testing services. Per the agreement. the City was responsible for sample collection, transportation, and delivery to the District's laboratory, whereas the District performed bacterial analysis of creek water samples, at its own cost, and made available the results to the City: Subsequently, the 1999 agreement expired necessitating the drafting of a new agreement. Discussion Please find attached an agreement specifying new terms, conditions and responsibilities of both parties. Per the agreement, the City will provide all labor and material associated with collecting water samples as per the 1999 agreement. In addition, the City will locate an analytical laboratory to provide testing services. City staff solicited quotes from reputable analytical laboratories for. the needed services and a summary of the costs are as follows: Total Coliform by mpn 5 dilution - $40.00%sample Fecal Coliform by mpn 5 dilution - $40.00/sample E. Coli by mpn S dilution - $40.00/sample Total cost of analysis for each sample is $120. It is proposed to continue to perform testing quarterly with up to 18 samples each testing event. Following is the total estimatedproject cost for one year: ($120 per sample) x (18 samples per event) x (4 events per year) _ $8,640 Per the agreement, the. District will reimburse the City for the costs associated with laboratory services in the amount not to exceed $8,640 per year, based on the annual cost estimate above. The agreement, if approved, would assure continuation. of monitoring of Saratoga Creek and other City creeks, an important part of the City ongoing effort to provide safe clean creeks for its residents and wildlife. FISCAL IMPACTS.: None. The City will spend annually up to $8,640 for the laboratory services and will receive reimbursement, up to $8,640 from Santa Clara Valley Water District. A budget adjustment for these costs will be brought to City Council during the mid-year budget process. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): The Agreement will not be executed and the City will not be reimbursed for the costs associated with creek water testing. ALTERNATIVE ACTION(S): None in addition to the above. • FOLLOW UP ACTION(S): Water Quality Sampling for Saratoga Creek and Other Creeks in the City of Saratoga Agreement will be executed by the City Manager. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: 1. Agreement regarding Water Quality Sampling for Saratoga Creek and Other Creeks in the City of Saratoga. C AGREEMENT Water Quality Sampling for Saratoga Creek and • Other Creeks in the City of Saratoga Laboratory Costs for Sample Analysis This AGREEMENT is entered into on , 2003, by and between Santa Clara Valley Water District, hereinafter called "DISTRICT",the City of Saratoga, hereinafter called"CITY", or collectively as "PARTIES" or generically as "PARTY". WHEREAS, fecal coliform bacterial contamination has been detected in Saratoga Creek and may also be present in other creeks in CITY. WHEREAS, the monitoring of said pollution is in the best interest of PARTIES and will. benefit the citizens, businesses and wildlife habitat within the general area of the creek. WHEREAS, since 1991 DISTRICT has, at its own cost, analyzed water samples taken by CITY from Saratoga Creek by DISTRICT laboratory. WHEREAS, DISTRICT laboratory can no longer provide the water sample analyses services. NOW, THEREFORE, PARTIES, for the consideration and upon the terms and conditions hereinafter specified, agree as follows: • PROJECT OBJECTIVES AND RESPONSIBILITIES OF PARTIES 1. The objective of the proposed sampling is to test for fecal coliform pollution that may have entered local storm drains or minor watercourses and then into Saratoga Creek or other creeks in CITY. It is believed that the source of the fecal coliform pollution is contamination from the sanitary sewerage system or septic field systems. The purpose of the monitoring is to determine if the source of the pollution has been reduced or terminated by the corrective actions of CITY or if new pollution occurs. A. CITY shall acquire any permits, permissions, or waivers needed, determine the sampling location(s) and follow all procedures required to conducting the water sampling. CITY will provide, at no cost to DISTRICT, all labor and materials necessary associated with taking the water samples. B. CITY shall obtain water samples and submit them to a laboratory of their choice for analysis. C. Every six months CITY shall forward a copy of the sampling results to DISTRICT along with an analysis of the samples in regards to exceeding water quality standards, trends in . improving or degrading water quality along with probable or suspected cause of the trend if it can . be determined. D. Water samples shall be taken up to four times a year at up to eighteen locations each time. The sampling times and locations will be determined by CITY. E. Upon receipt of invoices from the laboratory for the sample analysis, CITY shall pay the invoice. CITY shall send a copy of the paid invoice and a request for. payment of the invoice amount to DISTRICT. DISTRICT shall pay the invoice amounts within 60 days of receipt of the request to pay, up to but not to exceeding $8,640.00 (eight thousand six hundred forty dollars) in fiscal year 2003-04 and $8,640.00 (eight thousand six hundred forty dollars) in fiscal year 2004- 05. GENERAL PROVISIONS 2. Term of the Agreement Term of this Agreement shall end on June 30, 2005: DISTRICT Chief Executive Office may extend this Agreement under the same terms at his option. He, by written approval, may increase the District cost share amount by up to 10% (ten percent) each year. 3. 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. 4. 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 its directors, council members, employees, and agents. 5. 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. 6. 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 perform 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 Manager of CITY and the Chief Executive Officer of the DISTRICT aze empowered to terminate this Agreement on behalf of their respective agencies. D. In event of termination, each PARTY shall deliver to the other PARTY, upon 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. 7. Governing Law and Compliance with Laws PARTIES agree that California law shall govern this Agreement. In the performance of this Agreement each PARTY shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local government. 8.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. 9. 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: CITY City of Saratoga 13777 Fruitvale Avenue Saratoga, California 95070 Attn.: John Cherbone, Public Works Director DISTRICT Santa Clara Valley Water District 5750 Almaden Expressway San Jose, California 95118-3614 Attn.: Stanley M. Williams, Chief Executive Officer 10. Successors and Assigns . • • This Agreement, and all the terms, covenants, and conditions hereof, shall apply to and bind the successors and assigns of the respective PARTIES hereto. 11. 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. 12. 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. 13. 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 SANTA CLARA VALLEY WATER CONTROL DISTRICT By: Dave Anderson City Manager Date: ATTEST: Cathleen Boyer City Clerk APPROVED AS TO FORM By: Stanley M. Williams Chief Executive Officer Date: APPROVED AS TO FORM Emily Cote Assistant General Counsel . Richard Taylor City Attorney / SARATOGA CITY COUNCIL r MEETING DATE: August 6, 2003 AGENDA ITEM: ORIGINATING-DEPT: City Manager CITY MANAGER: ~~~-~ PREPARED BY: DEPT HEAD: Cathleen Boyer. Ci C'lerk SUBJECT: 2003 Hazardous Vegetation Management Program -Assessment Report RECOMMENDED ACTION: Open public hearing; close public hearing; adopt resolution. REPORT SUMMARY: Under State and local laws, local governments routinely abate the seasonal fire hazards of hazazdous vegetation and/or combustible debris on undeveloped property. For the County-and several cities, including Saratoga, this abatement. program is administered by the County Fire Marshal's office, In many cases, property owners find it convenient to have the district take care of vegetation or debris removal and to pay through a property tax lien. The City Council approved 117 parcels for inclusion in the program at the start of the season, and all were inspected at least once, and most several times during the season. A total of 25 pazcels were abated by the County's contractor, which amounts to 79% voluntary compliance. This past year, the County performed abatement on parcels on the attached list in Saratoga. Tax liens and assessments on the owners of these parcels totaled $34,506.91: In order to recover this cost, it is necessary for the Council to adapt a resolution confirming the assessments and directing the County Auditor to enter and collect the assessments on the property tax bill. FISCAL IMPACTS: None to the City if resolution is adopted. City may be liable for work performed by contractor for any assessments not levied. CONSE(IUENCES OF NOT FOLLOWING RECOMMENDED ACTION: See Fiscal Impacts. ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: None, this is the last City action in the brush abatement cycle ADVERTISING, NOTICING AND PUBLIC CONTACT: A Notice of Public Hearing was published in the Saratoga News as iequired by law and list. of parcels for fire hazard vegetation abatement was posted for public view in front of the Council Chambers. The County mailed notices to all of the affected property owners. ATTAC$MENTS: Attachment A -Resolution Attachment B -List of pazcels. RESOLUTION NO. 03- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA CONFII2MING REPORT AND ASSESSMENT OF BRUSH ABATEMENT CHARGES WHEREAS, at a regular meeting held on January 15, 2003, the Fire Mazshal of Santa Clara County submitted a report to this City Council consisting of all unpaid bills for abatement expenses and a proposed assessment list, and the pazcels against which said expenses, including applicable administrative and collection costs are to be assessed, all pursuant to Article 15, Chapter 7 of the Saratoga City Code; and WHEREAS, the City Council, having heard said report and all objections; thereto, and the Council, finding that no modifications need to be made to any of said assessments. NOW, THEREFORE, IT IS ORDERED that the 2003 Hazardous Vegetation .Management Program, Assessment Report, City of Saratoga, prepared by the Fire Mazshal of Santa Clara County, which report is attached hereto as Exhibit A and incorporated herein by reference; be and hereby is confirmed. Each of said parcels as shown on the attached Exhibit A is declared to have a lien against it in the amount set opposite said parcel number in the last column thereof; and the • Santa Clara County Auditor is hereby directed to enter the amounts of said assessments against the respective pazcels of land on the County Tax Roll, and to collect the same at the time and in the manner as general municipal property taxes aze collected. A certified copy of this resolution and assessments shall be filed with the Santa Clara County Auditor. The above and foregoing resolution was passed and adopted by the Sazatoga City Council at a regular meeting held on the 6th day of August 2003, by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: • Nick Streit, Mayor Cathleen Boyer; City Clerk County of Santa Clara Department of Agriculture and Resource Management Office of the Fire Marshal County Government Center, East Wing 7o West Hedding St, 7th Floor San Jose, California 95110-1705 (408) 299-5760 FAX: (408) 279-8537 July 2z, 2003 Ms. Cathleen Boyer City Clerk City Of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 SUBJECT: 2003 Hazardous Vegetation Management Program, Assessment Report Dear Ms. Boyer: The Hazardous Vegetation Assessment Report for the year 2003 is attached.. It lists properties located within the City of Saratoga jurisdiction, upon which abatement of hazardous vegetation and/or combustible debris has been preformed by the County's contractor. The Saratoga City Council approved 117 parcels for inclusion in our program at the start of fihe season, and all were inspected at least once, and most several times during the season. A total of 25 parcels were abated by our contractor, which amounts to 79% voluntary compliance. If requested, a representative of the County Fire Marshal's Office will be present at the hearing. If you have any questions, please do not hesitate to call me at (408) 299- 5769. Thank you. Sin~cer~e~l~yn,G l°'V' Debbie Craver Hazardous Vegetation Coordinator Santa Clara County Attachments • C~ Board of Supervisors: Donald F. Gage, Blanca Alvarado, Pete McI-Iugh, James T. Beall, Jr., Liz Kniss Acting County Executive: Peter Kutras Jr. J O~ O O M N O~ h N O N O N N T W N M T N O N h M O~ O ~ eM-~ M .~ h L~ M ~ h n N n O' W O W J F ~D O ti L~ ~ ~ O W h ~ ~ W N f0 ~ O N eM N N N n O~ V M W O O~ N ~D D\ ~p T ~O ~ M eH ~~ '+ W M eN M ~M M ~M M d' r ~ ~ M ~ V N N D m c0 ~ W i N m. - N H3 \ N 'H3 ~ H3 M fA vM Yf C fA ~ Y3 FA h V3 N V3 ~ EA M H3 ~ . K Q fA EA (A fA lf EA Efl . ~ fJj fR ~ ~ a N O N O N O N O N O N O N O N O O h h N ~-+ O n V~ W ~O ~O e-i O O L~ N W M M O N O N O N O N O N O N O N O N N cM N ~O vJ ~ ~-+ ~O N ~O c0 M O ~ O h O~ [~ ~ A a\ th -ti h ~M M + n V~ M .-~ M e-~ M' ti M .y M r+ ~ n ~O O l~ O L~ O n O n M N M ~. 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P7 y rti N N ~ u ~ c. a x 3 w F ~ 6 ~ '~ A A v a G O m ~ ~ ~ N O N N n Z O O O O a ~ ~ ~ N a ~ m M ~ 0 0 0 '. ~ ~ ~ ~ ~ O ~ x R rq V N ^. M N ~ ~ G G y F , oo in o _ oo rn o m o w N '+ M N N .+ ti N M V N N N N N ~~ s z a a r N J M 0 0 N O n r 0 Q d ,~ SARATOGA CITY COUNCIL MEETING DATE:. August 6, 2003 AGENDA ITEM: y ORIGINATING DEPT: City Manag~er/'s~Office CITY MANAGER: PREPARED BY: Lori Burn'" DEPT HEA ` SUBJECT: ls` Reading of Ordinance to Amend California Public Employees' Retirement System Contract to Include Military Service Credit as Public Service RECOMMENDED ACTION(S): Adopt ordinance to amend the City's contract with the California Public Employees' Retirement System (PERS) to include Section 21024 -Military Service Credit as Public Service. REPORT SUMMARY: At its June 18, 2003, meeting the City Council passed a resolution of intent to amend its contract with the Public Employee Retirement System (PERS) to include Section 21024 -Military Service Credit as Public Service. Adopting the attached ordinance is the next step in the process that would allow City employees. to purchase service credit for time served in the military. The. sample agreement is attached for information purposes. PERS will prepare the final agreement once they receive the ordinance. FISCAL IMPACTS: There is no cost to the City for this PERS contract option.. The employee pays the entire cost. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): Veteran employees could not purchase service credit for military service. ALTERNATIVE ACTION(S): Amend the most recently ratified employment contracts to eliminate the military service option. FOLLOW UP ACTION(S): Staff will prepare report for second reading on September 3, 2003. ADVERTISING, NOTICING AND PUBLIC CONTACT: City Clerk has noticed the public as legally required. ATTACHMENT: A) Ordinance to amend contract between the Board of Administration of the California Public Employees' Retirement System and the City Council of the City of Saratoga. B) Sample Copy of Amendment to Contract ATTACHMENT A • ORDINANCE N0. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SARATOGA AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF SARATOGA AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM. The City Council of the City of Saratoga does ordain as follows: SECTION 1. That an amendment to the contract between the City Council of the City of Sazatoga and the Board of Administration of the California Public Employees' Retirement System is hereby authorized, a copy of said amendment being attached hereto, mazked Exhibit, and by such reference made a part hereof as though herein set out in full. SECTION 2. The Mayor of the City Council is hereby authorized, empowered, and directed to execute said amendment for and on behalf of said Agency. SECTION 3. The City Clerk shall cause this ordinance or a summazy thereof to be published once in a newspaper of general circulation of the City of Sazatoga within • fifteen days after its adoption. The foregoing ordinance was introduced and read at the regular meeting of the City Council of the City of Saratoga held on the 6th day of August, 2003, and was adopted by vote following a second reading on the 3rd day of September, 2003. This Ordinance shall take effect 30 days after the date of its adoption and thenceforth. and thereafter the same shall be in full force and effect. Adopted and approved this 3`h day of September, 2003, by the following vote: AYES: NOES: ABSENT: Mayor ATTEST: City Clerk PERS-CON-I IA (Rev.8/94) (Implement) Attachment B i,. ~ EXHIBIT Califorriia Public Employees'- Retirement. System ~~~~~~~~~ ~~ ~®~~JLdd~~~ Between the Bound off Adlarannflstratnon CuflniFoa~aiu ]Public Err~ployees' 12etnaearaen>t Systean un~ the Cnty Councn~ City of Suffutogu • The Board of Administration, California- Public Employees' Retirement System, hereinafter referred to as Board, and the governing body of the above public. agency, hereinafter referred to as Public Agency, having entered into a contract effective June 1, 1961, and witnessed April 27, 1961, and as amended effective April 6, 1973, April 1, 1977, May 1, 1978, September 18, 1999 and February 4; 2000 which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows: A. Paragraphs 1 through 12 are hereby stricken from said contract as executed effective February 4, 2000, and hereby replaced by the following paragraphs numbered 1 through 12 inclusive: 1. All words and terms used herein which are defined in the .Public Employees' Retirement Law shall have the meaning as defined therein unless otherwise specifically provided. "Normal retirement age" shall mean age 55 for local miscellaneous members. • 2. Public Agency shall participate in the Public Employees' Retirement System from and after June 1, 1961 making its employees as hereinafter provided, members of said System subject to all provisions of the Public Employees' Retirement Law except such as apply only on election of a contracting agency and are not provided for herein and to all amendments to said Law. hereafter enacted except those, which by express provisions thereof, apply only on the election of a contracting agency. 3. Employees of Public Agency in the following classes shall become members of said Retirement System except .such in each such class as are excluded by law or this agreement: a. Employees other than local safety members (herein referred to as local miscellaneous members). 4. In addition to the classes of employees excluded from membership by said Retirement Law, the following classes of employees shall not become members of said Retirement System: a. EXCLUDE PERSONS HIRED ON OR AFTER APRIL 6, 1973 . WHO ARE EMPLOYED ON A TEMPORARY AND/OR SEASONAL BASIS IF IT IS A CONDITION OF EMPLOYEMENT AT TIME OF HIRE THAT SAID EMPLOYMENT NOT EXCEED SIX MONTHS; AND b. SAFETY EMPLOYEES. 5. Prior to January 1, 1975, those members who were hired. by Public Agency on a temporary and/or seasonal basis not to exceed 6 months were excluded from PERS membership by contract. Government Code Section 20305 supersedes this contract provision by providing that any such temporary and/or seasonal employees are excluded from. PERS membership subsequent to January 1, 1975. 6. The percentage of final compensation to be provided for each year of credited prior and current service for local miscellaneous members shall be determined in accordance with Section 21354 of said Retirement Law, subject to the reduction provided therein for service prior to March 31, 1978, termination of Social Security, for members whose service has been included in Federal Social Security (2% at age 55 FuH and Modified). 7. Public Agency elected and elects to be subject to the following optional • provisions: a. Section 20042 (One-Year Final Compensation). t , r ..' 4,f:T -+(ni fir° 1,11±-1i~ j a''~~j 'e. ~~;1 17r,t~1 r„a itl:t, ~i ~~; • b. Section 20965 (Credit for Unused. Sick Leave). c. Sections 21624 and 21626 (Post-Retirement Survivor Allowarice). d. Section 21573 (Third Level of 1959 Survivor Benefits). e. Section 21024 (Military Service Credit as Public Service), Statutes of 1976. 8. Public Agency, in accordance with Government Code Section 20790, ceased to be an "employer" for purposes of Section 20834 effective on April 1, 1977. Accumulated contributions- of Public Agency shall be fixed and determined as provided in Government Code Section 20834, and accumulated contributions thereafter shall be held by the Board as provided in Government Cdde Section 20834. 9. Public Agency shall contribute to said Retirement System the contributions determined by actuarial valuations of prior and future service liability with respect to local miscellaneous members of said Retirement System. 10. Public Agency shall also contribute to said Retirement System as follows: . a. Contributions required per covered member on account of the 1959 Survivor Benefits provided under Section 21573 of said Retirement Law. (Subject to annual change.) In addition, all assets and liabilities of Public Agency and its employees shall be pooled in a single account, based on term insurance rates, for survivors of all local miscellaneous members. b. A reasonable amount, as fixed by the Board, payable in orie installment within 60 days of date of contract to cover the costs of administering said System as it affects the employees of Public Agency; not including the costs of special valuations or of the periodic investigation and valuations required by law. c. A reasonable amount, as fixed by the Board, payable in one installment as .the occasions. arise, to cover the costs of special valuations on account of employees of Public Agency, and costs of the periodic investigation and valuations required by law. 11. Contributions required of Public Agency and its employees shall. be subject to adjustment by Board on account of amendments to the Public Employees' Retirement Law, and on account of the experience under the . Retirement System as determined by the periodic investigation and valuation required by said Retirement Law. 12. Contributions required of Public Agency and its employees shall be paid by Public Agency to the Retirement System within fifteen days after the end of the period to which said contributions refer or as may be prescribed by Board regulation. If more or less than the correct amount of contributions is paid for any period, proper adjustment shall be made in connection .with subsequent remittances. Adjustments on account of errors in contributions required of any employee may be made by direct payments between the employee and the Board. • B. This amendment shall be effective on the day of BOARD OF ADMINISTRATION ~`;J PUBLIC EMPLOYEES' RETIREM,E~N'-T SYSTEM :.,, y~ BY `~%~ ' KENNETH W. MARZION;_GFiIEF ACTUARIAL & EMPLO,YE~F2 SERVICES DIVISION PUBLIC EMPLOYEES] RETIREMENT SYSTEM ~,, .ti.. CITY COUNCIL CITY OF SARATOGA ~~=' =~~~' PRESIDING OF~F~E;~ER ,.~ , `~ ~~ ~~'~~ ~v ,-< Witraessl7ate Attest: Clerk . AMENDMENT ER# 0452 PERS-CON-702A (Rev. S\02) i,. • ~~~ EXHIBIT California Public Employees'. Retirement System 1 ~~~~~~~~~ ~® ~®l~l Jl ~~ Between the Board of Administration California Public Employees' Retirement System and the City Council City of 6aratoga The Board of Administration, California Public Employees' Retirement. System, hereinafter referred to as Board, and the governing body of the above public agency, hereinafter referred to as Public Agency, having entered into. a contract effective June 1, 1961, and witnessed April 27, 1961, and as amended effective April 6, 1973, April 1, 1977, May 1, 1978, September 18, 1999 and February 4, 2000 which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows: A. Paragraphs 1 through. 12 are hereby stricken from said contract as executed effective February 4, 2000, and hereby replaced by the following paragraphs numbered 1 through 12 inclusive: 1. All words and terms used herein which are defined in the. Public Employees' Retirement Law shall have the meaning as defined therein unless otherwise specifically provided. "Normal retirement age" shall mean age 55 for local miscellaneous members. .. ~ i_ is ~~ v ~ V (.~ ~~. t.) I ~t i r~a i 1 :~ r ., .. << 2. Public Agency shall participate in the Public Employees' Retirement System from and after June 1, 1961 making its employees as hereinafter provided, members of said System subject to all provisions of the. Public - Employees' Retirement Law except such as apply only on election of a contracting agency and are not provided for herein and to all amentlments to said Law hereafter enacted except those, which by express provisions thereof, apply only on the election of a contracting agency. 3. Employees of Public Agency in the following .classes shall .become members of said Retirement System except such in each such class as are excluded by law or this agreement: a. Employees other than local safety members (herein referred to as local miscellaneous members). 4. In addition to the classes of employees excluded from- membership by said Retirement Law, the following classes of employees shall not become members of said Retirement System: a. EXCLUDE PERSONS HIRED ON OR AFTER APRIL. 6, 1973 WHO ARE EMPLOYED ON "A TEMPORARY ANDIOR SEASONAL BASIS IF IT jS A CONDITION OF EMPLOYEMENT AT TIME OF HIRE THAT SAID EMPLOYMENT NOT EXCEED SIX MONTHS; AND b. SAFETY EMPLOYEES. 5. Prior to January 1, 1975, those members who.were hired. by Public Agency on a temporary and/or seasonal basis not to exceed 6 months were excluded from PERS membership by contract. Government Code Section. 20305 supersedes this contract provision by providing that any such temporary and/or seasonal employees are excluded from. PERS membership subsequent to January 1, 1975. 6. .The percentage of final compensation to be provided for each year of credited prior and current service for local miscellaneous members shall be determined in accordance with Section 21354 of said Retirement Law, subject to the reduction provided therein for service prior to March 31, 1978, termination of Social Security, for members whose service has been included in Federaf Social Security (2% at age 55 Full and Modified). 7. Public Agency elected and elects to be subjecf to the following optional provisions: a. Section 20042 (One-Year Final Compensation). ~'.. L1"1l`JL Li ti iV:J i Viv::l ..... t: ~,~. ~:: _, b. Section 20965 (Credit for Unused Sick Leave). c. Sections 21624 and 21626 (Post-Retirement Survivor Allowance). d. Section 21573 (Third Level of 1959 Survivor Benefits).` e. Section 21024 (Military Service Credit as Public Service), Statutes of 1976. 8. Public Agency; in accordance with Government Code Section 20790, ceased to be an "employer" for purposes of Section 20834 effective on April 1, 1977. Accumulated contributions of Public Agency shall be fixed and determined as provided in Government Code Section 20834, and accumulated contributions thereafter shall be held by. the Board. as provided in Government Code Section 20834. 9. Public Agency shall contribute to said Retirement System the cohtributions determined by actuarial valuations of prior and future service liability with respect to local miscellaneous members of said Retirement System. 10. Public Agency shall also contribute to said Retirement System as follows: a. Contributions. required per covered member on account of the 1959 Survivor Benefits provided under Section 21573 of said Retirement Law. (Subject to annual change.) In addition, all assets and liabilities of Public Agency and its employees shall be pooled in a single account, based on term insurance rates, for survivors of all local miscellaneous members. b. A reasonable amount, as fixed by ,the Board, payable in one installment within 60 days of date of contract to cover the costs of administering said System as it affects the employees of Public Agency, not including the costs of special valuations or of the periodic investigation and valuations required by law. c. A reasonable amount, as fixed by the Board, payable in one. installment as the occasions arise, to cover the costs of special valuations on account of employees of Public Agency, and costs of the periodic investigation and valuations required by law. 11. Contributions required of Public Agency and its employees shall be subject to adjustment by Board on account of amendments to the Public Employees' Retirement Law, and on account of the experience under the Retirement System as determined by the periodic investigation and valuation required by said Retirement Law. 12. Contributions required of Public Agency and its employees shall be paid by Public Agency to the Retirement System within fifteen days after the end of the period to which said contributions refer or as may be prescribed by Board regulation. If more or less than the correct amount of contributions is paid for any period, proper adjustment shall be made in connection with subsequent remittances. Adjustments on account of errors in contributions required of any employee may be made by direct payments between the employee and the Board. B. This amendment shall be effective on the day of , R \ BOARD OF ADMINISTRATION ,_,~~,`--%' CITY COUNCIL PUBLIC EMPLOYEES' RETIREMENT SYSTEM CITY OF SARATOGA ~, :•, ~~.~ BY ~~ ,,; ` BY ; s ~` .KENNETH W. MAR~IQN, CHIEF PRESIDING OFFICER ~`~.~.~ ACTUARIAL & ~It71PCOYER SERVICES DIVISION ``~'~ `\E~1 PUBLIC EMRLO~EES' RETIREMENT SYSTEM ~~'~.~: F ~~.~ Witness Date, ~` ,,: Clerk AMENDMENT ER# 0452 PERS-CONd02A (Rev. S\02) SARATOGA CITY COUNCIL MEETING DATE: August 6, 2003 ORIGINATING DEPT: Public Works 7~ PREPARED BY: Cary Bloomquist AGENDA ITEM: CITY MANAGER: ~~~~~ DEPT HEAD: µR SUBJECT: Approval of Design Plans for Playground Improvements at Brookglen / Wildwood Parks and Authorization to purchase play equipment from listed vendors. RECOMMENDED ACTION(S): Approve design plans for Brookglen and Wildwood Parks. Authorize purchase and order of play equipment for Brookglen and Wildwood Parks in the amount of $105,672 with the following vendors: Ross/Landscape Structures: $50,000 (Ages 2-5 and 6-12 Play Structures/slides/swing sets) Sport Rock: $2,772 (Horse, Cat & Dog Park Pets) Netplay: $44,800 (BerlinerSeilfabrik Net Equipment) Miracle:. $3,100 (Multipondo) Kompan: $5,000 (lvlulti-spring seesaw) REPORT SUMMARY: In direct response to Federally Mandated Playground Equipment Safety Standards, the City, through the Parks and Recreation Commission, formed task forces and held kickoff meetings this past July, 2002, at Brookglen and Wildwood Parks to replace existing play equipment that does not meet federal safety standards. At their regular meeting on December 18, 2002, Council awarded a design contract for the Brookglen and Wildwood Park improvement projects to Design Focus of Saratoga_ At their regular meetings on May 21 and June 18, 2003, Council reviewed design proposals from Design Focus and directed staff to research the safety and durability of the Net Play Equipment and other play equipment components included in the design bf each park. Site visits were held during the months of June /July 2003 at area parks in Campbell and San Jose to review similar existing play equipment presently in use at these parks.. Feedback from attending Council, Parks and Recreation Commissioners and Task Force Members during these site visits was incorporated by the design team into the drawings before you this evening. The drawings before you this evening represent the revised final designs for each park. The water feature included in the design plans for Wildwood Park is presently under revision and may change from the. drawing before you this evening. Attending Parks and Recreation Commissions, along with the Task Force Members and the attending members of the community members involved, fully support these designs and are very pleased to present them to you this evening.' Due to long lead-times between the order and shipment of the play equipment, staff is requesting Council authorize the purchase of the play equipment from the attached vendor listing. The total cost of the play equipment for both park projects, including shipping and sales tax, is $105,672.00. Purchasing and ordering the equipment in advance will- help offset significant construction delays which may occur if the equipment is not on hand and ready for installation. If approved by Council this evening, .staff will go out to bid for construction firms early September 2003. Demolition /replacement of the play equipment at these parks is scheduled to begin early October 2003. Present this evening to respond to questions regarding the pazk projects aze Rebecca Dye and Nicole Stern from Design Focus . FISCAL IMPACTS: Projects will go out to bid for construction with available funding in each projects budget. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): • Improvements to the parks will not be implemented and the City will not be in compliance with federally mandated Playground Equipment Safety Standards. ALTERNATIVE ACTION(S): None. FOLLOW UP ACTION(S): Staff will go out to bid for the construction of each project. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: Attachment A -Design Packet, including Budget, for Wildwood Park Attachment B - Design Packet, including Budget, For Brookglen Park Attachment C -Water Feature Brochure M SARATOGA CITY COUNCIL r MEETING DATE: August 6, 2003 AGENDA ITEM: ~~ ~_ .ORIGINATING DEPT: Dep~~artm~~ent Name CITY MANAGER: rv ~~~~ PREPARED BY: ~~~'L`~- DEPT HEAD: SUBJECT: Celebrate Saratoga! Principles of Cooperation RECOMMENDED ACTION(S):. Approve agreement and authorize the Mayor to sign on behalf of the City REPORT SUMMARY: This agenda item is a product of the City Council's Chamber Adhoc Committee. The committee has been working on a Celebrate Saratoga agreement between the City and the Chamber for several months. The agreement memorializes the respective responsibilities of the City and the Chamber prior, during and after the special event. In general terms, the agreement calls for the City to meet with the Chamber early in the year to initiate planning for the event and to assist with permitting and insurance for the event. During the event, the City provides barricades and staffing for street closures and no parking signs in adjacent neighborhoods to keep fire lanes open. After the event, the city provides assistance with the cleanup by blowing trash into the street and making several passes with a street sweeper. The Chamber is responsible as the primary event sponsor, for organizing and staffing the event, for submitting al] permits in a timely fashion, and notifying all businesses affected bythe event. During the event, the Chamber will provide for event security, shuttle busses from remote pazking lots, restroom facilities for event attendees, and will empty trash containers. as they fill up. After the event, the Chamber is responsible for final cleanup of the streets and sidewalks. The Chamber Board approved the agreement at its July 23, 2003 meeting. An executed copy of the agreement is attached to this staff report. FISCAL IMPACTS: As stated in previous reports, City in-kind support to the Chamber for this event amounts to approximately $10,531 per year. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): N/A ALTERNATIVE ACTION(S): N/A FOLLOW UP ACTION(S): Mayor to sign agreement, send executed copy to Chamber. ADVERTISING, NOTICING AND PUBLIC CONTACT: ATTACHMENTS: Attachment A: Celebrate Sazatoga! Principals of Cooperation 2 of 2 l_.~ Celebrate Saratoga! Principles of Cooperation Celebrate Saratoga! is a city-wide celebration coordinated by the Saratoga Chamber of Commerce during two weeks in September. The biggest event, the Celebrate Saratoga! Street Dance, draws 30,000 attendees and is produced by the Chamber.. Other events offered by Saratoga churches, schools, libraries, community organizations, and businesses are called Celebrate Saratoga! Community Events. The objectives of Celebrate Saratoga! is to: Increase year round businesses exposure in Saratoga. Promote an awareness of Saratoga's rich cultural, educational,. historical, and community assets. The City of Saratoga (City) and the Saratoga Chamber of Commerce (Chamber) have a long history of cooperation with the Celebrate Saratoga! Street Dance (event). The following is intended to document the roles and responsibilities of the City and the Chamber. Before the Event • City and Chamber meet and review this agreement no later than January 315` of each year: • Chamber notifies City of date for the event by January 315` and requests City to submit encroachment permit to Caltrans. • The City, with the support of the Chamber, will submit an encroachment permit to Caltrans by February 15"' of each year. • The City and the Chamber will each designate a representative for event planning by February 28th of each year. When either the City or the Chamber has a meeting for planning the. event both representatives will be invited to the meeting. Event signage, road closures and barricades, safety plan, event clean-up, electrical and other event issues will be resolved during Chamber planning meetings. Fire and Sheriff department representatives are invited to all Chamber planning meetings. • City will provide temporary storage in the City yard for event glasses during the week prior to the event. Prindples ofCelebntion Page I Celebrate Saratoga 7/30/2003 Attachment A The Chamber will submit a Special Event Permit Application for the event to the. City by July 31St of each year. Because of the City's role as an event sponsor, insurance is provided by the City through the City's insurance Carrier, ABAG Plan Corp. The Chamber is not required to execute an indemnity agreement. The City will provide the Chamber with a $3 million insurance coverage in the form of An Additional Covered Entity Endorsement through the City's insurance carrier for the term of the event in the following areas: o Bodily Injury & Property Damage o Automobile Liability o Public Officials Errors and Omissions The City will provide the shuttle bus parking venues and the Saratoga Village Center with a $1 million insurance coverage in the form of An Additional Covered Entity Endorsement through the City's insurance carrier for the term of the event in the following areas: o Bodily Injury & Property Damage o Automobile Liability o Public Officials Errors and Omissions. • The Chamber will apply for and obtain all necessary permits covering sales ofifood and alcohol at the event. • The Chamber will notify all businesses affected by traffic closures or parking restrictions of the date and time of the event in the month of April and again two weeks before the event. The City will notify all residents affected by traffic closures or parking restrictions of the date and time of the event in the month of April and again two weeks before the event. • The Chamber will pay the ("ASCAP") license fee for music performed at the event. Any fees associated with this event under City control, including the Blaney Plaza Banner fee, the special event permit fee, encroachment fee and the clean-up deposit fee will be waived. • The City will order and place necessary road closure barricades, "Message Boards" and "No Parking" signage for the event. Day of Event The Chamber will adhere to all conditions contained in the Caltrans encroachment permit and permits for sales of food and alcohol. Principles of Celebration Page 2 Celebrate Saratoga 7/30/2003 • The City will close street and remove "No Parking" signage along Big Basin Way. The Chamber will provide shuttle busses. The routes shall be defined in the Special Event application. The Chamber will develop and the City will record a public service announcement for the Traveler's Information System (TIS) Radio. The announcement will air one week prior to and during the event informing travelers in the community about the upcoming event and notifying them of road closures and parking restrictions. • Restroom facilities for the public will be provided and maintained by the Chamber. The locations shall be defined in the Special Event permit. The Chamber will apply for and the City will expedite processing of a Noise Exception Permit for the event with provisions that the amplified sound shall not exceed 85 dBa. The exception permit will be valid from 5:30 p.m. to 10:30 p.m. on the day of the event, and the noise generated from the event will be controlled so sound will not be unreasonably loud or disturbing to the surrounding residential neighborhoods. If necessary, the volume of the sound will be adjusted to comply with these conditions. . • The City will empty trash containers the day before the event and will leave extra empty trash liners in City trash receptacles for. Chamber use during the event. During the event, the Chamber will empty trash receptacles as required. The Chamber will contract for event security as determined by Sheriffs Department in Chamber planning meetings. This contract will be included in the Special Event permit: After the Event The Chamber will remove aII Chamber signage, equipment and debris associated with the event. The City will provide the following services relating to event cleanup: removing barricades;. blowing trash and debris from the :sidewalks into gutters; and street sweeping services. • . .The City will reopen all streets after the event. Principles of Celebration Celebrate Saratoga 7/30/2003 Page 3 CITY OF SARATOGA Nick Streit Mayor Date: SARATOGA CHAMBER OF COMMERC David Hernandez. • Chamber President Principles of Celebration Page 4 Celebrate Saratoga 7/30/2003 SARATOGA CITY COUNCIL MEETING DATE: August 6, 2003 AGENDA ITEM: .ORIGINATING DEPT:. City Manager's Office CITY MANAGER: ~ /~-'" PREPARED BY: Lorie Tinfow DEPT HE SUBJECT: Argonaut School Traffic Improvement Plan RECOMMENDED ACTION(S): Accept the Argonaut School Traffic Improvement Plan and adopt the attached Motor Vehicle Resolution. DISCUSSION: Background. Last year, Argonaut School Principal Sue Brooks contactedstaff and said. that in previous years the City had provided sawhorses and temporary signage to help control school traffic. During construction at the school over 2001-02 the materials had disappeazed and she requested the same materials for the start of school in 2002. Later in the school yeaz, she requested that the City make the changes permanent, and the Public Safety Commission agreed to consider her request. The Public Safety Commission determined that because of the relatively minor nature of the changes and the history of temporary measures working successfully, a full resident and parent involvement process was not needed. Safety issues described by the school principal include congestion and back-up of traffic at the entrance to the parent parking/queuing-lot as cars turn in from two directions; confusion and congestion caused by intermittent parking along the east curb; a blocked staff vehicle exit; and pedestrians obscured by parked cars blocking the crosswalks. The proposed changes will result in a number of safety and traffic flow improvements including reducing confusion and congestion at the entrance to the parent parking/queuing lot; restricting parking along the entire east curb to both reduce congestion and improve visibility of cazs moving towazd the designated pazking/queuing location; improve the flow acid safety of staff vehicles moving out of their parking area; improving visibility at crosswalks. The Plan. Elements of the plan follow and aze graphically presented on the attached map: #1: Install a sign that says `ho left turn from 8-9 am and 2-3 pm" to be locatedon the existing pole on the west side of the street that already holds the "School" sign. If that location doesn't work for some reason, then place the sign on the left side of the street on school property if consistent with California Vehicle Code. #2: Remove red paint from three sections of curb on the school side of the street and substitute parking signs that say "No Parking, 8 am to 3 pm while school is in session." #3: Paint "Keep Clear" on Shadow Mountain Dr. on the east side of the pavement only. #4: Paint the curb red for 25 ft. on either side of the two crosswalks grid on both sides of the street to improve visibility with the condition that the neighbors approve the installation. Staff contacted residents of the four households adjacent to the crosswalks where red curbs are proposed. The attached memo documents contact or attempted contact. Staff will continue to pursue responses and will provide additional information at the Council.meeting. FISCAL IMPACTS: No outside costs will be incurred; Public Works staff will implement the painting and sign installation. FOLLOW UP ACTION(S): Staff will implement the infrastructure changes noted above. ADVERTISING, NOTICING AND PUBLIC CONTACT: Staff notified the Argonaut School Principal of this action. ATTAC$MENTS: ^ Map of Argonaut School Traffic Improvement Plan • Staff memo regarding resident contact ^ Motor Vehicle Resolution r ~_ t rArgonaut Traffic Flow 8z. Parl~ing Information l ~~ ~~ 3 w o ' 9 ~ 0 C `J- ~`i Ljepava m 0 F 9' C Miljevich C ' d H -~i~: .. Glasgow c a r~ 0 C C _~ 0 d H H m K as O ~. i~ 0 as ~. Chateau Room 1 Room 2 NOTE: The only student drop-off area is in the NORTH PARKING LOT. The only parent parking is in the NORTH PARKING LOT. Room 11 "Room i2 STAFF PARKING ONLY Glasgow t Memorandum To: Lorie Tinfow, Assistant City Manager From: Danielle Surdin, EDC/ Administrative Analyst II Date: 7-31-03 Re: Outreach Efforts for Argonaut School Traffic Plan -Red Curb Noticing Staff has diligently tried to contact the four property owners on the comers of Ljepava and Shadow Mountain, and Miljevich and Shadow Mountain who would be affected by the red curbing adjacent to crosswalks included as part of the Argonaut School Traffic Plan. Staff mailed out notices at the beginning of July but received no responses. Staff then hand-delivered a second notice to the four property owners. The property owner at 13179 Shadow Mountain signed a form agreeing to the red curbing. A second household was successfully contacted but has not provided a response. No response has been received from the other two residents. Staff has hand-delivered a third notice but again has failed to hear any response from the remaining property owners. On July 31, staff sent by certified mail letters to the remaining three property owners alerting them to the potential Council action and asking them to contact staff. The City Council of the City of Saratoga hereby resolves as follows: RESOLUTION RESTRICTING PARKING AND TURNS ON PORTIONS OF SHADOW MOUNTAIN DRIVE Section I: Based upon engineering and traffic study, the following parking and turn restrictions shall be designated on portions of Shadow Mountain Drive: NAME OF STREET # Shadow Mountain. 1. The northerly and southerly No Parking and No Stopping. returns extended 25 ft on either side of the existing crosswalk at the Miljevich Drive intersection. 2. The northerly and southerly No Pazking and No Stopping. returns extended 25 ft on either side of the existing crosswalk at the Lj epava Drive intersection. 3. On east side of road along the frontage of APN 393-012-025. 4. The northerly. driveway. entrance to the North Pazking Lot of APN 393-012-025. No Pazking 8 AM to 3PM while school is in session. No Left Turns into parking lot8AMto9AMand2PM to 3PM. This resolution shall become effective at such time as the signs and/or markings installed. The above and foregoing resolution was passed and adopted by the City Council of the City of Saratoga at a regular meeting held on the 6th day of August, 2003, by the following vote: AYES: NOES: ABSENT: ATTEST: RESOLUTION NO. MV- Nick Streit, Mayor Cathleen Boyer, City Clerk SARATOGA CITY COUNCIL MEETING DATE: August 6,2003 AGENDA ITEM: ORIGINATING DEPT: Office of City Manager CITY MANAGER: (/~ PREPARED BY~~~ DEPT HEAD: SUBJECT: Development of Process to be used for Public Discussion of City Owned Properties RECOMMENDED ACTION(S): Accept report and provide direction to staff related to three. areas: • Form of the committee/commission • Method of appointment • Process alternatives .REPORT SUMMARY: Tliis agenda item stems. from a discussion of the disposition of the North Campus on the Council's June 18, 2003 agenda. In the context of the discussion of the City's historic park. facilities, the Civic Center master plan and recent park development efforts, the City Council requested that the discussion be broadened to include all City property and facilities. The City Council directed City staff to bring back a report containing process options for reviewing all City-owned properties and facilities. Options for the form of the committee, the appointment process, and process alternatives are discussed and compared below. Form of the Committee/Commission • Committee of the Whole Under this approach the entire CityCouncil sits as a Committee of the Whole, and hears public input, discusses alternatives and determines the final outcome of the study. The advantage of this approach is that every Councilmember is included in the details of the process, and are present for all aspects. of the proceedings. The disadvantage of this approach is the same; it requires the presence of a quorum of the Council including mandatory Brown Act posting and notifications for each meeting of the Committee of the Whole. The meetings could be structured to be as formal or as informal as desired to facilitate the desired process. • Council Ad-Hoc Committee This approach relies on one or two Councilmembers to participate as a subcommittee with. interested Saratoga residents and other stakeholders in the outcome of the process. In some cases, the parameters of the study or workgroup are further defined by the Council as a whole prior to the formation of the committee via mission statements, goals or stated objectives: The Councilmembers then report back to the entire Council on behalf of the committee. One advantage of using this mechanism is that councihnembers have a great deal of successfirl experience with the Ad-Hoc Committee structure and process. The disadvantage of this mechanism is that when the scope of the subject under study is quite large, more than two Councilmembers -may want to play a direct role in soliciting public input and building the alternatives for City Council consideration. • Blue Ribbon Commission Blue Ribbon Commissions generally consist of an independent panel. of prominent citizens well known for their accomplishments, expertise in a relevant area, and/or personal integrity. This format is often used to regain credibility in the investigative or decision process in the wake of a serious accident or problem. For example, this mechanism was used in the post-Challenger investigation earlier this year, and in the wake of municipal investment problems across the state about 10 years ago. Methods of Appointment • Mayor appoints representatives with input from other Councilmembers. Council Commission liaison appointments and Ad Hoc Committee assignments. have traditionally been made by the Mayor. • Councilmembers make appointments jointly. For example, Commissioners are jointly interviewed and appointed by the entire City Council. • Each Councilmember appoints a member or members of the committee%ommission. The City of Saratoga has limited .experience with this appointment model. It is more common in Cities with geographic Council districts and is typically used to assure geographic or demographic balance. Process Alternatives Instead of setting up a' new group to oversee the review process, the following options could be implemented by the City Council as part of their regular activities: • Testimony at regular Ciry Council meetings This approach assumes a Committee of the Whole approach, with this item placed on the regular council agenda one or more times. Treatment as a regular agenda item would merge this decision process into the regular decision process the council uses for most routine council matters and publiohearings. 2 of 4 4 • Study Sessions The entire Council would hold Special Meetings focused upon this topic. This format is less formal and encourages interaction between the. Council and interested residents, while still retaining the form and decorum of a formal council meeting. The following process options are well suited to any of the three types ofgroups-Committee of the Whole, Ad-Hoc Committee or Blue Ribbon Commission-suggested above. • Town Hall Meetings Such meetings retain a semblance of formal order and decorum while encouraging more interactive give-and-take with the public on an issue. • Public Forums Similar to Town Hall Meetings but more informal-public input is gathered in a moderated fashion with minimal structure. • Pu61ic Hearings Highly structured and controlled by the Chair with strict speaker time limits, Public Hearings are the most formal way to collect public input. Use also implies a more formal noticing mechanism but in the context of a city-wide issue, notification may rely on advertising more than noticing. • Facilitated Public Input This approach would rely upon a carefully selected public facilitator to take comments from the Council and input from. city residents to develop a consensus in real-time concerning the direction and priorities of the collective group. This method was used in the design charrette for the new Saratoga Library nearly 3 years ago. • Focus Group A consultant would work with the committee to develop questions to ask small groups of residents conceming their feelings about various city owned properties and facilities. The consultant would then choose and convene citizen focus groups (with or without City assistance) and ask the prepared questions. .The answers would be categorized and analyzed to elicit patterns and relative values. • Survey Written surveys have been used informally by the city in the past through direct mail regarding various traffic mitigation measures in certain neighborhoods, and informally through a return mailer in the Saratogan. This method generally works best when citizens are asked to rank various choices or to answer yes or no questions. When using this method, it is important to review the questions carefully in order not to bias the survey or "lead" the respondent towards a particular outcome by the phrasing of the question. 3 of 4 t Once the Council has determined the form of committee/commission, appointed its membership and determined the desired public input approach, staff is prepared to support the effort. In the meantime, a detailed inventory of each City property and facility is being prepared, a GIS map made, and site drawings and relevant master plans are being assembled. FISCAL IMPACTS: Some methodologies require a consultant for facilitating public meetings or conducting a survey. There may also be costs associated with noticing the public, holding public meetings, or for written surveys if used. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): N/A ALTERNATIVE ACTION(S): Included in body of staff report. FOLLOW UP ACTION(S): Staff will implement Council direction. ADVERTISING, NOTICING AND PUBLIC CONTACT: `~ Nothing additional. ATTACHMENTS: None. 4of4 SARATOGA CITY COUNCIL MEETING DATE: August 6, 2003 ORIGINATING DEPT: Community Development PREPARED BY: Thomas Sullivan, AICP AGENDA ITEMi CITY MANAGER:. ~~%G"" DEPT HEAD: SUBJECT: Report, Discussion and Direction to Staff Regazding Urban Service Boundary Adjustment in the General Area of Hakone Gardens RECOMMENDED ACTION: Receive the report and provide direction to Staff. REPORT SUMMARY: Staff has attached a packet of material describing the process to amend. the City's Urban Service Boundary. The Local Agency Formation Commission provided this information to Staff. The area in question is the general location of Hakone Gardens. As the Council knows, the Hakone Gardens is on the National Historic Register. The Britton property is beyond the City's Urban Service Boundary but is contiguous to both the existing Ciry Limit line and Hakone Gardens. This. property is currently on the market. The Real Estate agent indicated to Staff that it has been on the market for some time and that it was being offered for $3 million. Any future development of the Britton property must be sensitive to Hakone Garden. The City's influence is somewhat greater if property is within the Urban Service Boundary: The property would also have to be withinthat 6oundary.if the City chose to annex. LAFCo will only process one adjustment to the Urban Service Boundary annually. The City's General Plan Land Use Map designates this area as Residential Very Low Density (RVLD), which allow up to 1.09 dwellings per net acre. However, the lands within the City, both to the ..north and to the southeast, are designated Residential Hillside Conservation (RHC), which allow only .5 dwellings per net acre. Functionally, the City's designation of County lands has a little influence but no real consequence until annexed. The County Zoning on the parcel adjacent to the west of Hakone Gardens is HS-dl, which is Hillside with the West Valley Design Review Combining District. Staff needs direction regarding the following issues: • .Does the City Council desire that Staff move forward with preparing an application to LAFCo to adjust the City's Urban Service Boundary? • If so, does the Ciry Councff desire that it be a single parcel adjustment or does the City Council desire that an application be made For multiple parcels? • If so, which parcels? • If the City moves forward with an application, does the City Council want the land use designation changed? VICINITY MAP ~ ... IV jl~~ 'I ~ ~ s~ -~_ __ ---0_;150 500 ]50/ 100D !1]Sp.X ~ ~ 54MA MRA WUNIY SAMA QAR4 WIMP B~Si15HRdJF9i1Y uJ ®~«~w~ ~] Pdrcals SVeet Wng ^-' w~ Coterminous City Limit and Urban Service Boundary ~l / .J//~ FISCAL IMPACTS: LAFCo has a $5,500 deposit. Ultimately, it will be the actual cost of processing the- application. There will also be City Staff resources needed to accomplish the application. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: Implement direction provided to Staff. ADVERTISING, NOTICING AND PUBLIC CONTACT: NLA. ATTACHMENTS: I. LAFCo information packet regarding adjustments to Urban Service Boundaries. ~_ J 2of2 ...: Effective January 1, 2003 URBAN SERVICE AREA POLICIES A. General Guidelines 1. Review and amendment of Urban Service Area (USA) boundaries is the Commission s primary vehicle for encouraging orderly city. growth. 2. LAFCO will review/amend a city's Urban Service Area once a year, if such review is desired by the city and initiated by city resolution and application. Until a city's application has been heard and acted upon by the Commission, no further Urban Service Area amendments will be accepted for filing from that city. LAFCO may make an exception to the once a year limitation upon Urban Service Area amendment requests where amendment is needed to carry out some special institutional development or activity that is in the public interest.. Such exceptions shall not normally be extended in connection with proposed residential, commercial, or industrial development. 3. Within the Urban Service Areas, LAFCO does not review city . annexations and reorganizations if the proposals are initiated by city resolution and meet certain conditions. State law gives cities in Santa Clara County the authority to approve such reorganizations.. B. Urban Service Area Amendment Policies 1. LAFCO will require application of an appropriate general plan designation to territory proposed for inclusion in an Urban Service Area. 2. LAFCO encourages contractual agreements and/or plans between the cities and the County which define: a. Growth at the urban fringe; and b. Potential new growth areas. 3. LAFCO will consider factors included in Government Code section 56668 as well as factors such as the following to determine the local and regional impacts of a proposed Urban Service Area amendment: a. The ratio of lands planned for residential use to lands planned for employment-producing use b. The existence of adequate regional and local transportation capabilities to support the planned city growth; • Page 1 of 5 C:\ Web Sites\blanca\USAPo]icies2003.doc c.. Ability of the city to provide urban services to the growth areas • without detracting from current service levels; d. The ability of school districts to provide school facilities; e. Whether the conversion of agricultural and other open space lands: is premature, or if there are other areas into which to channel growth; f. ,The role of special districts in providing services; g. Environmental considerations which may apply; h. The impacts of proposed city expansion upon the County as a provider of services; i. Fiscal impacts on other agencies; j. Regional housing needs, k. Availability of adequate water supply; and 1. Consistency with city or county general and specific plans. 4. LAFCO will consider the applicable service reviews and discourage urban service area amendments that undermine adopted service review determinations or recommendations. 5. When a city with a substantial supply of vacant land within its Urban • Service Area applies for an Urban Service Area expansion, I:AFCO will require an explanation of why the expansion is necessary, why infill development is not undertaken first, and how an orderly, efficient growth pattern, consistent with LAFCO mandates, will be maintained. 6. The Commission will discourage Urban Service Area expansions which include agricultural or other open space land. unless the city has accomplished. one of the following: a. Demonstrated to LAFCO that effective measures have been adopted for protecting the open space or agricultural status of the land. Such measures may include, but notlimited to, the establishment of agricultural preserves pursuant to the California Land Conservation Act, the adoption of city/ County use agreements or applicable specific plans, the implementation of clustering or transfer-of-development-rights policies; evidence of public acquisition; or b. Demonstrated to LAFCO that conversion of such lands to other than open space uses is necessary to promote the planned, orderly, efficient development of the city. LJ Page 2 of 5 7. The Commission will consider whether an Urban Service Area amendment leading to the conversion of agricultural or other open space land, will adversely affect the agricultural or open space resources of the County.. Factors to be studied include, but are not limited to: a. The agricultural significance of the amendment area relative to other agricultural lands in the region (soil, climate, water-related problems, parcel size, current land use, crop value, Williamson Act contracts, etc.) b. The economic viability of use of the land for agriculture; c Whether public facilities, such as roads, would be extended through or adjacent to other agricultural lands in order to provide -- services to anticipated development in the amendment area or whether the public facilities would be sized or situated to impact other agricultural lands in the area d. Whether the amendment area is adjacent to or surrounded by existing urban or residential development. 8. If an Urban Service Area proposal includes the conversion of open • space lands or agricultural lands, LAFCO strongly encourages the city to develop effective mitigation measures to address the loss of the agricultural and open space lands. LAFCO will require an explanation of why the inclusion of agricultural and open space lands is necessary and how the loss of such lands will be mitigated. Mitigation measures include, but are not limited to: the acquisition and dedication of farmland, development rights, open space and conservation easements to permanently protect adjacent and other . agricultural-lands withitt the county, participation in other development programs such as transfer or purchase of development rights, payments to recognized government and non-profit organizations for such purposes, and establishment of buffers to shield agricultural operations from the effects of development. 9. Where appropriate, LAFCO will consider adopted policies advocating maintenance of greenbelts or other open space around cities in reviewing Urban Service Area .amendments. 10. LAFCO will require evidence that an adequate water supply is available to the amendment areas and that water proposed to be provided to new areas does not include supplies needed for unserved properties already within: the city, the city's Urban Service Area or other properties already charged for city water services. In Page 3 of 5 determining water availability, LAFCO will evaluate, review and . consider: a. The city's plan for water service to the area and statement of existing water supply in terms of number of service units available; service units currently allocated; number of service units within city (and current USA) boundaries that are anticipating future service and service units needed for amendment area. b. Whether the city is able to provide adequate water supply to the amendment area in the next 5 years, including drought years, while .reserving capacity for areas within the city and Urban Service Area that have not yet developed. c Whether the city is capable of providing adequate services when needed to areas already in the city, in the city's Urban Service Area or to other properties. entitled to service. d. If capacity is not reserved for unserved property within the city and its Urban Service Area boundary, the current estimate of potential unserved properties and related water supply needs e, Whether additional infrastructure and or new water supplies are necessary to accommodate future development or increases in service demand. If so, whether plans, permits and financing plans . are in place to ensure that infrastructure and supply are available when necessary including compliance with required administrative and legislated processes, such as CEQA review, CEQA mitigation- monitoring plans, or State Water Resources Board allocation permits. If permits are not current or in process, or allocations approved, whether approval is expected. f. Whether facilities or services comply with environmental and safety standards. so as to permit acquisition, treatment, and distribution of necessary water. 11. LAFCO will discourage proposals that undermine regional housing needs plans, reduce affordable housing stock, or propose additional urbanization without attention to affordable housing needs. LAFCO will consider: a. Whether the proposal creates conditions that promote local and regional policies and programs intended to remove or minimize impediments to fair housing including city/ county general plan housing elements, Analysis of Impediments to Fair Housing or Consolidated Plans for Housing and Community Development and ABAG's regional housing needs assessment and related policies. Page 4 of 5 b. Whether the proposal introduces urban uses into rural areas thus increasing the value of currently affordable rural area housing and reducing regional affordable housing supply. c. Whether the proposal directs growth away from agricultural /. open space lands towards infill areas and encourages development of vacant land adjacent to existing urban areas thus decreasing infrastructure costs and potentially housing construction costs. d. Whether funding of infrastructure to support development in the amendment area imposes an unfair burden on residents or customers within the existing boundaries thus impacting housing construction costs in the area. r~ \J Page 5 of 5 LOCAL AGENCY FORMATION COMMISSION OF SANTA CLARA COUNTY County Government Center, llw Floor, East Wing 70 West Hedding Street, San Jose, California 95110 (908) 299-5127 (408) 259-1613 Fax FILING REQUIREMENTS An Urban Service Area or Sphere of Influence Amendment. filing will consist of the following, and will not be deemed complete until all the following requirements are fulfilled: 1. One copy of USA /SOI Application Form. 2. A detailed letter of request, stating the reason for request, the size and the location of proposal. 3. Certified resolution from agency requesting LAFCO action. An USA amendment proposal may ONLY be initiated by resolution of involved agency and not by private citizen. Application is limited to one per year. A SOI amendment proposal maybe filed by written request by any person or local agency. 4. One copy of maps depicting subject individual properties in the proposal and existing city, urban service area, sphere of influence boundaries and relationship of the proposed boundary to any street right of way or center line or affected property line. Legal description is preferred, but not required: If a proposal unavoidablysplits lines of assessment, a legal description (Exhibit A) and mapping (Exhibit B) shall be submitted for which definite and certain boundaries can be determined. 5. A list of Assessors Parcel Numbers of parcels within the project area, with names of property owners, current City and/or County General Plan land use designations, zoning designations and existing land use for each property. 6. One copy of Environmental Information Form if requesting categorical exemption from CEQA. If not categorically exempt, l0 copies of a certified environmental document discussing the impacts addressed in LAFCO's Project Evaluation Policies, regarding regional and cumulative impacts, the impacts on agricultural and open space resources and any other environmental issues identified by staff. Negative declarations must include an initial study. If there is a question regarding whether or not LAFCO will be lead agency or whether the proposal is categorically exempt, an Environmental Information Form will need to be completed and signed before meeting with LAFCO staff to determine lead agency status. USA&SOIFiIingRegs2003.doc Page r of 2 April 2003 7. Vacant land inventory within the urban service area by land use designation. If the amount of vacant land exceeds afive-year supply, explanation is required for why the expansion is necessary and how an orderly and efficient growth pattern will be maintained. 8. A plan for services is required, unless the environmental document fully discusses the extent of urban services to be provided, as well as the city's capability of providing these services within a five year time period. 9. Ten (10) copies of a Fiscal Impacts Report analyzing the fiscal impacts of the proposal on the affected local agencies, including the requesting agency, the County, special districts and any affected school districts. 10. One copy of all staff reports pertaining to proposal submitted to agency's planning commission, council or board. 11. Four (4) sets of mailing labels of school districts, cities and special districts in the area and any project managers or consultants interested in receiving public notice. 12. Party disclosure forms signed by each property owner and any other affected party or agent included in the proposal. 13. Lobbying Disclosure forms filed by the applicant listing all lobbyists hired to influence the action taken by LAFCO on the application.. Must be updated one week prior to hearing date, if necessary. . 14. Any additional information required by the Executive Director. 15. Filing fee deposit. Page 2 of 2 LOCAL AGENCY FORMATION COMMISSION OF SANTA CLARA COUNTY County Government Center,llw Floor, East Wing 70 W est Redding Street, San Jose, California 95110 (408) 299-5127 (408) 295-1613 Fax APPLICATION FORM APPLICANT INFORMATION Agency seeking USA / SOI amendment: Contact Person: Address: Private Citizen seeking SOI amendment: Phone: Assessor's Parcel Number: Property Address: Mailing Address: PROJECT INFORMATION Please provide the following information. You may attach additional sheets as needed and indicate so. 1. Project Description: Request for inclusion to /exclusion from USA / SOI of the City /District o£ for year 3. Number of application areas: 4. Number of acres and parcels in each application area:. 5. For USA amendment, is proposal contiguous to existing USA and agency boundaries? USASOIApplicFoxm.doc Page 1 of 3 Apri12003 6. What is the relationship of the proposed boundaries to any adopted urban growth boundaries, or greenlines? Please explain agency's plans, policies or guidelines relating to USA and / or SOI amendments. ENVIRONMENTAL STATUS OF APPLICATION Check the appropriate section to indicate the status of compliance with CEQA. 1. (name of City /District), as Lead Agency for environmental review of the project, in compliance with CEQA has: • _ determined that the proposal is statutorily exempt from the provisions of CEQA pursuant to CEQA Guidelines Section (cite class exemption section) because determined that the proposal is categoricallyexempt from provisions of CEQA pursuant to CEQA Guidelines Section completed an Initial Study and Negative Declaration for the annexation, l0 copies of which are attached to this application completed a final EIR for the project ,10 copies of which are attached to this application. 2. _ LAFCO is to be Lead Agency for the environmental review of the project a5 indicated in attached confirmation from LAFCO Executive Director. I hereby certify that all LAFCO filing requirements will be met and that the statements made in this application are to the best of my knowledge accurate. (PRINT name of person completing this application) (Date) (Signature) (Address and phone number) Page 2 of 2 The Plan for Services must contain the following information: 1. An enumeration and description of how services will be provided and who will provide the services to the affected territory; 2. The level and range of those services including detailed information on the extent, size, location and capacity of existing infrastructure. Capacity analysis should include: • The total capacity /service units of the system • Number of service units already allocated • Number of service units within current boundaries anticipating future service. • Number of service units within the system available after providing service to areas within current boundaries that anticipate future service • Number of service units.required to serve the proposed project • Number of service units proposed to be added to meet the demand In the event there are not enough service units available to serve the proposed project, the applicant shall provide a plan for obtaining the capacity necessary to provide service which must include the following information: • A description of any required facility or infrastructure expansions or other necessary capital improvements, • The likely schedule for completion of the expanded capacity project, the viability of the needed project, and the relation of the subject project to the overall project and project time line; • A list of required administrative and legislated processes, such as CEQA review or State Water Resources Board allocation permits, including assessment of likelihood of approval of any permits and existence of pending or threatened legal or administrative challenges if known; • The planned total additional capacity; • The size and location of needed capital improvements; • The proposed project cost, financing plan and financing mechanisms including a description of the persons or properties who will be expected to bear project costs; and • Any proposed alternative projects if the preferred project cannot be completed. 3. The estimated time frame for service delivery; 4. A statement indicating any capital improvements, or upgrading of structures, roads, sewer or water facilities or other conditions the agency would impose or require within the affected territory prior to providing service if proposal is approved; 5. A description of how the services will be financed; 6. Agency's general statement of intent to provide services to the affected territory, indicating the agency's capability of providing the necessary services in a timely manner to the affected territory while being able to serve all areas within its current boundaries and without lowering the level of service provided to areas currently being served by the agency. • PlanforService.doc Page 1 of 1 Apri12003 ~ ..~.. It is a LAFCO requirement that applicants provide information regarding the fiscal impacts of proposals upon affected local agencies. Affected agencies usually include the city, county, special districts and elementary and high school districts. The LAFCO executive officer should be contacted regarding which types of districts should be included in the analysis. Fiscal Years Analysis should be performed for the fiscal year in which the project is proposed to be built, as well as five years and ten years from this base fiscal year (example: FY 2005, 2010 & 2015). 'The year (or estimated year) of annexation should be used as the base year, if the project construction date is unknown. FISCAL IMPACTS TO COUNTY GOVERNMENT: The County Office of Budget and Analysis publishes a "Five Year Financial Projection of the General Fund". This document published in March/April every year, projects County General Fund expenditures and revenues for afive-year period. These projections should be used in estimating the fiscal impact of the proposed development upon Santa Clara County Government. • Methodology 1. Determine the number of residents /employees generated by the proposed development. 2. Obtain ABAG population and employment projections for Santa Clara County. 3. Service population is equal to the total population plus one half of total employment. 3a. Calculate service population generated by the proposal based on the population and employment generated by the proposal 3b. Calculate service population of the County based on the population and employment of the entire County 4. Obtain the projected County General Fund expenditures and revenues for the base year from the "Five Year Financial Projection of the General Fund" published annually in March/April by the Santa Clara County Office of Budget and Analysis (OBA). 5. Estimate the expenditures and revenues for five years and ten years from the base year based on average growth over the five-year period in the OBA projections. • 6. Calculate the total General Fund Impact (Difference between Expenditures and Revenues) for the three years i.e., base year, + 5 years, + 10 years. Page 1 of 2 Fisca]ImpactAnalysis.doc April 2003 7. Determine the General Fund Impact per capita for the three years. (General Fund Impact Per Capita =Total General Fund Impact /.Total County Service Population) 8. Calculate the net fiscal impact to the County General Fund as a result of the change in service population for the three years. (Net Fiscal Impact = Generated Service Population * General Fund Impact Per Capita) County Fiscal. Impacts Base Year +5 years +10 years Population Projections Population and/or Employment Genera b Pro osal Proposal Generated Service Population County Population and/or Employmen County Service Population County General Fund Expenditure and Revenue Projections Expenditures For County Revenues For County Total General Fund Impact Fiscal Impact of Proposal General Fund Impact per Capita Net County General Fund Impact due to Pro osal Sur lus Deficit FISCAL IMPACTS TO THE CITY AND OTHER AFFECTED SPECIAL DISTRICTS / SCHOOL DISTRCITS These agencies should be contacted directly to receive information regarding potential fiscal impacts to the agency as a result of the annexation/development proposal. The fiscal impacts to affected agencies other than the County should be analyzed for the same base years and should be formatted in a cost vs. revenue manner. You may contact the LAFCO office, at (408) 299-5127, if you have any questions regarding the fiscal impact analysis process or if you would like a sample copy of a fiscal impact analysis report. • Page 2 of 2 LOCAL AGENCY FORMATION COMMISSION OF SANTA CLARA COUNTY County Government Center,llw Floor, East Wing 70 West Hedding Street, San Jose, California 95110 (408) 299-5127 (408) 295-1613 Fax ENVIRONMENTAL INFORMATION FORM A County Staff person will visit the site of this project. Failure to provide accurate information in the environmentalinformation form will result in your application being declared incomplete under the requirements of state law. Such a declaration will result in a delay in the processing of your application until the required information is submitted and declared complete. Merely making reference to a site planwill not constitute an adequate response. To be completed by Applicant or his/her representative. Use additional sheets. if necessary. If the question does not apply, mark NA or 'none' in the space provided. Person Completing Form: Name: Address: Phone: Date: A. PROJECT INFORMATION 1. Project location/address: APN(s): General Plan Designation Zoning Designation: 500 scale map: 2. Describe the proposed project (What will be constructed, how will it be used, etc.): 3. (a) Parcel size (acres / sq. feet): (b) Project floor area (sq. feet): (c) Proposed buildings: No. Max. height (d) No. of parking spaces provided on site: (e) Indicate approximately the percent of the proposed project site dedicated to the following purposes (total should equal 100%): building %, parking/driveways %, outside storage- %, landscaping %, Undeveloped(vacant) %, other (indicate use and coverage) %. 4. (a) Number of daily customers, residents or othei users of your project? (b) Basis for this number? (Based on amount of seating, type of business -specify, number of residential units, number of beds, etc.) i T l b M 5. ax: at any one t me: ota : _( ) .Number of employees? (a) EnvlnfoFonn.doc Page I of 5 Apri12003 6. Name street(s) to be used as access to project: , 7. Discuss briefly the physical and engineering aspects of the project (e.g., building materials to be used, significant grading required, etc.): 8. Utilities: (a) Source of water (check one): ^ existing well(s) ^new well(s) ^ water utility or other, (name of utility) (b) Distance to nearest water line? miles ft (if less than a mile) (c) Proposed method of sewage dis osal (check. one): ^ standard septic system ~ther on-site septic system ~ sewer line (Name of utility) If method proposed is other than standard septic or sewer, describe proposed method: (d) Method of storm 9. Project objectives: Why project proposed at this site at this time? B. ENVIRONMENTAL SETTING 1. Describe the natural characteristics (Topography/slope, drainage, vegetation, soil stability, etc.) on the project site. 2. Describe the extent and type of existing man-made features on the project site: (Size in square feet and uses of existing structures; number and size of lakes or ponds; nature and extent of existing roads, bridges, graded changes in topography, etc.) 3. .Name any professional reports regarding the property that are possessed by or known to applicant (i.e., geologic, flora/fauna, archaeological, environmental impact reports, etc.): 4, Name similar developments in the area to the one proposed, whether planned or existing: C. ENVIRONMENTAL ASPECTS OF PROJECT Land Use: Will the project be a land use not presently existing in the surrounding neighborhood? Yes ~ No ^ Tf yes, has the project been discussed with neighbors? Yes ^ No ^ If yes, indicate below what issues were discussed with neighbors Page 2 of 5 2. Geologic: (a) Are you aware of geologic hazards on the site or in the immediate area. (Landslides, subsidence, earthquake faults, extremely steep slopes, etc.)? Yes ^ No^. Tf yes, describe: (b) Will construction occur on slopes greater than 10%? Yes ^ No ^ If yes, indicate percent of slope: - % and describe how erosion/siltation will be prevented (c) Will grading or filling be required? Yes ^ No ^ If yes, provide the following information: Cut: volume in cubic yards; depth in feet Fill: volume in cubic yards; depth in feet. If volume of cut exceeds fill, where will the excess soil be disposed? Are retaining walls proposed? Yes ^ No ^ If yes, what is maximum height? 3. Resources: (a) Will large amounts of any natural resource (rock, sand, gravel, trees, etc.) be removed as a result of the project? Yes ^ No ^ (b) Is the site currently under Williamson Act contract? Yes ^ No ^ and/or used for any agricultural purposes? Yes ^ No ^ (c) Are there agricultural uses adjacent to the project site? Yes ^ No ^ If yes, describe the.agricultural uses: 4. Sewage/Water Quality: (a) If the proposed method of sewage disposal is by septic system, have percolation tests been made to assure the adequacy of the proposed septic system on this site? Yes ^ No ^ NA ^ (b) If yes, who made the tests and what were the results? (c) Are there existing wells on the property? Yes U No l-1 If yes, how many are functioning or abandoned? (d) Are the abandoned wells sealed? Yes ^ No ^ NA ^ Show any wells on site plan. 5. Drainage/Flooding: (a) Is there any drainage swale, stream^course, spring, pond or lake within 200 ft. of proposed construction? -Yes ^ No (b) If yes, describe and indicate location 6. Flora and Fauna: (a) Will the project require the removal of trees or shrubs? Yes ^ No ^ I# yes, explain below. (Show on plans all trees 12" in diameter or greater which are to be removed.) (b) Do you know of any unique, rare, threatened, or endangered animals or plants residing on the site or in close proximity? Yes ^ No ^ (c) Could the project affect wildlife or fisheries? Yes ^ No ^ If yes, explain: 7. Transportation*: (a) Will the project affect pedestrians or horse ridersor vehicular traffic (including bicycles) in the immediate area? Yes ^ No ^ If yes, explain: Page 3 of 5 (b) Approx, number of vehicle trips per day to be generated by project? _ (c) Indicate the days & times you expect most trips to occur (d) Is there traffic congestion during commute hours at an nearby street intersections providing access to the project? Yes ^ No ~ If yes; list the intersections "Transportation impact analyses (TIAs) using the Congestion Management Agency's methodology must be prepared for all projects that generate 100 or mare peak hour trips. 8. Housing: Will existin housing be removed to allow construction of the proposed project? Yes ^ No ~ If yes, describe: 9. Safety/Health: (a) To your knowledge, do potentially hazardous materials exist. on either this site or nearby property? Yes ^ No ^ If yes, describe: (b) Will the project require the use, storage or disposal of potential) hazardous materials such as toxic substances, flammables, or explosives? Yes ~ .No ^ If yes, describe: (c) Will the project be located on a cul-de-sac or dead-end road over 800 ft. in length? Yes ~ No ^ If yes, describe: (d) Are any proposed roads or drives in excess of 15% grade? Yes ^ No ^ 10. Air/Noise: Will the project generate dust, smoke, fumes, odors, or noise? Yes ^ No^ If yes, circle the ones involved and explain: 11. Aesthetic: (a) Will the project be more visible to the public than are its neighbors? (Larger than average, not screened by landscaping, etc.): Yes ^ No ^ If yes; explain (b) hoes the proper contain natural features of scenic value or rare or unique characteristics? Yes No ^ If yes, (c) Will construction occur at or near a ridgeline or hilltop? Yes ^ No ^ {d) Will the roject introduce glare, reflecting materials or unusually bright colors? Yes ^ No ~ If yes, describe: 12. Historical/Archaeological: Are you aware that the roject will affect any archaeological or historic resources? Yes ^ No ~ If yes, explain: 13. Growth Inducing: Could the project serve to increase development pressures in the vicinity or encourage changes in the use of nearby properties (Be realistic and Page 4 of 5 objective) Yes ~ No ^ If yes, explain: D. REDUCTION OR AVOIDANCE OF IMPACTS Discuss possible actions which reduce or avoid any adverse environmental affects discussed in section'C' above (Use appropriate numbers for reference): I hereby certify that all LAFCO filing requirements will be met and that the statements made in this application are to the best of my knowledge accurate. If any of the facts represented here change, it is my responsibility to inform the County of Santa Clara. (PRINT name of person completing this application) (Signature) (Date) ~J Page 5 of 5 LOCAL AGENCY FORMATION COMMISSION SANTA CLARA COUNTY . LAFCO FEE SCHEDULE Effective on June 1, 2002 Type of Proposal Fee 1. City Conducted Annexations * $340 + SBE Fees 2. LAFCO Change of Organization ** 100% Consent Proposals $2,770 +ER Fees +SBE Fees Non-100% Consent Proposals $5,300 +ER Fees +SBE Fees Environmental Review (ER) Categorical Exemption (LAFCO is Lead ar NOT) $310 Negative Declaration (LAFCO is NOT Lead Agency) $520 EIR (LAFCO is NOT Lead Agency) $930 LAFCO as Lead Agency (Neg. Dec. or EIR) $2,060 deposit ± actual costs 3. Deposit Fees *** Actual Costs Urban Service Area (USA) Amendments $5,500 deposit Sphere of Influence (SOI) Amendments $5,500 deposit. Out of Agency Contract for Services (OACS) Requests $5,500 deposit District Formation, Consolidation, Dissolution and City Incorporation and Dissolution $5,500 deposit+SBE fees Reconsideration Requests $980 All fees /deposits are payable at time the application is filed. * Please make one check ($340) payable to LAFCO and one check payable to State Board of Equalization (SBE);. see the SBE schedule of processing fees (based on acreage) included in the application packet to determine the SBE fee. ** Cost of individual change of organization applications varies depending on type of proposal and the type of environmental review needed. For example, a 100% consent annexation that qualifies for a categorical exemption is $3;080. Please see the SBE schedule of fees to determine the SBE fee. r~ It~ *** Deposit fees are initial payments towards actual costs of processing applications. Actual costs include staff time and any consultant fees. If actual costs are less than deposit, LAFCO will refund the difference to the applicant: If processing costs begin to exceed the deposit, additional fees are required. LAFCO approval will be conditional upon final payment within 35 days of LAFCO hearing date. If LAFCO is the Lead Agency and it is determined that the proposal requires a Negative Declaration or an EIR, an additional deposit of $2,060 is required. Payment of appropriate SBE fees is required where applicable; please see SBE fee schedule. Santa Claza LAFCO -- Meeting and Filing Dates )•. SPEGIAC 418iRIC7$ ~NTACTS & MANS ~ ~ou~x Mae r1 LJ • Page 1 of 1 FILING DEADLINE: LAFCO MEETING*: Wednesday, December 18, 2002 Wednesday, February 12, 2003 Wednesday, February 19, 2003 Wednesday, April 9, 2003 Wednesday, April 16, 2003 Wednesday, June 11, 2003 Wednesday, June 18, 2003 Wednesday, August 13, 2003 Wednesday, August 20, 2003 Wednesday, October 8, 2002 Wednesday, October 15,2003 Wednesday, December 10, 2003 TIME OF THE MEETINGS: 1:15 PM Every 2nd Wednesdays (even months) LOCATION OF MEETINGS: Board of Supervisors Chambers County Government Center 70 West Hedding Street, 1st Floor San Jose, CA 95110 FILING LOCATION: County Government Center 70 West Hedding Street, 10th Floor San Jose, CA 95110 (408) 299-5088. *Every second Wednesdays of even months Copyright ©2003 Santa Clara County Web Development Team t,,-r„•//.,,,,,.,, cantartara lafrn na anv/meetin2Xtfiline dates.html 7/25/2003